Baldwin Park City Council
December 3, 2025

satisfactory, City in its discretion has the right to:

(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;

(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or

(c) Terminate the Agreement as hereinafter set forth.

1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State , and local laws and ordinances applicable to the services required under this Agreement. Consultant warrants that it is not suspended or debarred from doing business with the United States government and can legally be paid from federal funds. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement.

1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender , or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay , or other forms of compensation and selection for training, including apprenticeship.

Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.

Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

1.6. Non-Exclusive Agreement . Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant’s sole cost and expense. All i nsurance req uirements contained in this Agreement are independently applicable to any and all subcontractors that Consu ltant may engage during the term of this Agreement.

1.8. Confidentiality. Employees of Consultant in the course of their duties may have

access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.

2.0. COMPENSATION AND BILLING

2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit “II” (“Schedule of Compensation”) (“Schedule of Compensation ”). Consultant’s total compensation shall not exceed fifty thousand dollars ($50,000) annually, unless authorized.

2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant’s Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.

Should the City request in writing additional services that increase the hereinabove described “Scope of Services”, an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services. Such increase in additional fees shall be limited to 10% of the total contract sum. The Chief Executive Officer is authorized to approve a Change Order for such additional services. Where the original contract is $100,000.00 or less, City Council approval shall be required prior to any increase bringing the total compensation to more than $100,000.00.

2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail the services performed , the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

2.4. Records and Audits. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date.

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work . The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit “I” (“Scope of Services”).

3.2. Excusable Delays . Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be

mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Da te and continue for a period of 36 months, ending on December 31, 2028, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.

4.2. Notice of Termination . The City reserves and has the right and privilege of canceling, suspending, or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates, or abandons a portion of this Agreement such suspension, termination, or abandonment shall not make void or invalidate the remainder of this Agreement.

If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any othe r remedy to which it may be entitled at law, in equity or under this Agreement.

The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:

a. Be adjudged a bankrupt;

b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;

c. Make a general assignment for the benefit of creditors;

d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;

e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or

f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.

4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination within thirty-five (35) days after service of the notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein.

In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in

progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. City shall not be liable for any claim of lost profits.

4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps, and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.

5.0. INSURANCE

5.1. Insurance. The Consultant and all subcontractors, if any, shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement , including any extension thereof, insurance as set forth in Exhibit “III” (“Certificate of Insurance”) attached hereto and incorporated herein by this reference.

Neither the City nor any of its officers, officials, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant. If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate.

5.2. Deductible or Self-Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an add itional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.

5.3. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages, as well as providing the City with the required endorsements in a form and content approved by City, prior to performing any services under this Agreement.

The certificates of insurance and endors ements shall be attached hereto as Exhibit “III” (“Certificate of Insurance”) and incorporated herein by this reference.

5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.

6.0. GENERAL PROVISIONS

6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.

6.2. Representatives. The Chief Executive Officer or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives, and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives , and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.

6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. It shall be the Consultant’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.

Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.

6.4. Notices. Any notices, documents, correspondence , or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envel ope, postage prepaid, and deposited in the United States Postal Service . Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U .S. postmark if such communication is sent through regular United States mail.

(A) IF TO CONSULTANT:

Willdan Engineering
650 E. Hospitality Lane, Suite 400
San Bernardino, CA 92408
(909) 915-4361
Attn: Patrick Johnson, PE

(B) IF TO CITY:

City of Baldwin Park
14403 Pacific Ave
Baldwin Park, CA 91706
Tel: 626-960-4011
Attn: Community Development Director

6.5. Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties h ereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California. Consultant agrees to submit to the personal jurisdiction of such court

in the event of such action.

6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet, or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting, or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.

6.8. Indemnification and Hold Harmless. Consultant agrees to protect, defend, indemnify, and hold free and harmless the City, its officers, officials, agents, employees, and volunteers, at Consultant’s sole expense, from and against any and all claims, liabilities, demands, actions, expenses, damages, suits or other legal proceedings brought against the City, its officers, officials, agents, employees, and volunteers arising out of or in any way connect ed with the performance of the Consultant, its employees, and/or authorized subcontractors ’ work undertaken pursuant to this Agreement including all acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of the Consultant, its employees and/or subcontractors. The defense obligation provided for hereunder shall apply whenever any claim, action, complaint or suit asserts liability against the City, its officers, officials, agents, employees, and volunteers based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable, and whether or not there is any evidence of fault or wrongdoing by the Consultant, its employees and/or its subcontractors. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.

6.9. Independent Contractor . Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.

Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreemen t. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

6.10. PERS Eligibility Indemnification . In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer

contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, State, or Federal policy, rule, regulation, law , or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for emp loyer contribution and/or employee contributions for PERS benefits.

6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.

6.12. Ownership of Documents. All findings, reports, documents, information, and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files, and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City but shall be made available t o the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant.

Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes , or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant’s agents shall execute such documents as may be necessary from time to time to confirm City’s ownership of the copyright in such documents.

6.13. Public Records Act Disclosure . Consultant has been advised and is aware that this Agreement and all reports, documents, information, and data, including, but not limited to, computer tapes, discs, or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 7920.000 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 7924.510, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marke d if disclosure is deemed to be required by law or by order of the Court.

6.14. Conflict of Interest . Consultant and its officers, employees, associates , and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090.

During the term of this Agreement, Consultant and its officers, employees, associates , and subconsultants shall not, without the prio r written approval of the City Representative, perform

work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates, or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant’s duties and services under this Agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project.

Consultant’s participation in the planning, discussions, or dra wing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications.

Consultant shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project, if any, have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Consultant pursuant to this Agreement.

6.15. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates, and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.

6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.

6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail . If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable:

This Agreement, the City’s Request for Proposals, the Consultant’s Proposal.

6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

6.19. No Third Party Beneficiary Rights . This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

6.24. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

6.26. Corporate Authority . The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

CITY OF BALDWIN PARK,
A municipal corporation

__________________________________ Date: ________________________ Alejandra Avila
Mayor

ATTEST:

________________________________
Christopher Saenz
City Clerk

CONSULTANT:

__________________________________ Date: ________________________ Signature

__________________________________
Name and Title

__________________________________
Taxpayer ID Number

APPROVED AS TO FORM:

__________________________________ Date: ________________________ Christian L. Bettenhausen
City Attorney

APPROVED AS TO INSURANCE:

____________________________________ Date: ________________________ Karina Rueda
Risk Manager

APPROVED AS TO CONTENT:

____________________________________ Date: ________________________ _______________________, Project Manager

DEPARTMENTAL APPROVAL:

____________________________________ Date: ________________________ Name, Title

Exhibit ‘A’
2026 Professional Service Agreements for Willdan Engineering

EXHIBIT I

SCOPE OF SERVICES

1. Provide building inspections of all trades based on the requirements of the California CCR Title 24.

2. Provide plan check services based on the requirements of the California CCR Title 24 with a maximum turnaround time of seven (7) calendar days for expedited services and fourteen (14) working days for standard services.

3. Provide required record keeping of inspections.

4. Provide required record keeping of plans checks.

5. Be available to meet with staff and/or applicant to resolve any issue that may arise from inspections.

6. Be available via telephone if any question or issue arises from inspections and plan checks.

7. Retrieve and return paper plans and associated documents.

EXHIBIT II

SCHEDULE OF COMPENSATION

EXHIBIT III

CERTIFICATE OF INSURANCE

EXHIBIT 'B' - 2023 Service Agreement with JLee Engineering

EXHIBIT 'B' - 2023 Service Agreement with RKA Consulting Group

EXHIBIT 'B' - 2023 Service Agreement with Willdan Engineering

ITEM NO: 5.

STAFF REPORT

TO: Honorable Mayor and Members of the City Council
FROM: Okina Dor, Director of Community Development
PREPARED BY: Ryan Mulligan, Housing Manager
DATE: December 3, 2025

SUBJECT: Ordinance No. 1522 Amendment to the Rent Stabilization Ordinance (RSO), Chapter 117 of the Baldwin Park
Municipal Code Incorporating CPI-U Annual Adjustment
Methodology and Determining the Matter is Exempt under
CEQA

SUMMARY:

The City currently administers its rent-stabilization program pursuant to Chapter 117 of the Baldwin Park Municipal Code, as amended by Ordinance No. 1466, which introduced the allowable annual rent increase under the RSO up to five percent (5%) per twelve-month period.

To ensure consistent, predictable annual adjustments and align the calculation method with a defined index framework, staff proposes to amend the RSO to adopt the following enhancements:

Use the twelve-month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (CPI-U) for the Los Angeles-Long Beach-Anaheim region, measured for the 12-month period from April to April each year.

Apply the resulting allowable rent-increase percentage (subject to a cap) for the twelve-month period commencing the following August following that April 12-month period.

Retain the cap of five percent (5%) in accordance with Ordinance 1466, and maintain a minimum of one percent (1%) if the CPI-U change is less than one percent.

Codify the effective date of August 1 annually, thereby increasing transparency and facilitating planning for landlords, tenants and the City.

RECOMMENDED ACTION:

It is recommended that the City Council Introduce and Adopt Ordinance No. 1522 amending Chapter 117 of the Baldwin Park Municipal Code to clarify the Annual Rent Adjustment Methodology for Controlled Rental Units using the April 12-month CPI-U Index, with adjustments effective each August, and limiting rent Increases to the lesser of the CPI-U change or 5 percent.

FISCAL IMPACT:

There is no additional fiscal impact is expected from adoption of the amended methodology.

BACKGROUND:

On October 21, 2020, the City Council adopted Ordinance No. 1447 establishing the city’s Rent Stabilization Ordinance (RSO). The RSO was amended in 2021 by Ordinance No. 1466, which amended Chapter 11, Section 129 of the prior code, by increasing the maximum allowable rent increase from three percent (3%) to five percent (5%) per twelve-month period for controlled rental units in Baldwin Park. Currently, the RSO is located in

Chapter 117 of the Baldwin Park Municipal Code.

The current code (Chapter 117) provides:
• Landlord may increase rent based on CPI-U; the maximum increase is five percent (5%) per twelve-month period.
• If the CPI-U is less than one percent (1%), the landlord may increase rent up to one percent (1%). • Coverage includes residential rental units built prior to January 1, 1995, with specified exemptions. • While the ordinance provides a five-percent ceiling, the annual published maximum for August 1, 2024 was 3.9%.

However, the current code does not specify a fixed month from which the CPI-U data must be drawn (ex. April).

That lack of specificity can cause planning uncertainty for landlords, tenants and staff.

The proposed amendment addresses that gap by specifying April as the base-month for CPI-U measurement and August as the adjustment date.

PROPOSED AMENDMENTS (key language summary)
• Amend Section 117.04 (Maximum Allowable Rent Increases) to insert the following language:
“For each controlled rental unit subject to this chapter, the allowable rent increase for the next twelve-month period shall be the lesser of: (1) the percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (CPI-U) for the Los Angeles-Long Beach-Anaheim area for the 12-month period from April to April; or (2) five percent (5%). Said allowable increase shall become effective on August following that April 12-month period of the current year and apply for the ensuing twelve-month period.” • Clarify that if the CPI-U change is less than one percent (1%), the minimum allowable rent increase remains one percent (1%) as authorized by the current code.

DISCUSSION:

None

ALTERNATIVES:

1. Adjust the cap below five percent (5%) if Council desires a more conservative maximum.

2. Receive and file the report without action and maintain the status-quo methodology.

CEQA REVIEW:

None

LEGAL REVIEW:

This report has been reviewed and approved by the City Attorney as to legal form and content.

ATTACHMENTS:

1. Proposed Ordinance No. 1522 - Amended BPMC 117 - Rent Stabilization

ORDINANCE NO. 1522

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK,

CALIFORNIA AMENDING THE BALDWIN PARK MUNICIPAL CODE, TITLE XI, BUSINESS REGULATIONS, CHAPTER 117, RENTAL RATE INCREASES, SECTIONS 117.01, 117.04, 117.05, 117.06 AND 117.14 AND FINDING THE ACTION TO BE

EXEMPT FROM CEQA

WHEREAS, the City Council adopted Ordinance No. 1447 on October 21, 2020, establishing a Rent Stabilization Ordinance to alleviate the hardship caused by the serious housing shortage and establishing procedures to regulate rentals in the City of Baldwin Park so that rents will not be increased unreasonably and so that landlords will receive no more than a fair return; and

WHEREAS, on April 5, 2023, the City Council adopted Ordinance No. 1501 which, among other things, renumbered the Rent Stabilization Section of the Baldwin Park Municipal Code to Chapter 117; and
WHEREAS, the current language in Chapter 117 lacks specificity in connection with the month for calculation of rental increases based on the CPI-U which causes planning uncertainty for landlords, tenants and staff.

WHEREAS, the proposed amendment addresses that gap by specifying April as the base-month for CPI-U measurement and August as the adjustment date.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1: Section 117.01, Definitions, of the Baldwin Park Municipal Code is hereby amended as follows:
§ 117.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BASE RENT CEILING. The maximum allowable rent established in § 129.04117.04.

CONTROLLED RENTAL UNITS. All residential rental units in the City of Baldwin Park built prior to January 1, 1995, except those units exempt under one or more of the following provisions listed herein:
(1) Single Family Residential real property that is alienable separate from the title to another dwelling can be sold independently from another property, including condominiums and townhomes;
(2) Mobile homes established set up before 1990 regardless of ownership except mobile homes with long term leases of 12 months or more;

2 (3) Single structures with two separate dwelling units in which owner occupies one of the units;
(4) Rental units in hotels, motels, inns, tourist homes and rooming and boarding houses which are rented primarily to transient guests for a period of less than 30 days;
(5) Rental units in any hospital, convent, monastery, extended medical care facility, asylum, non-profit home for the aged, or dormitory owned and operated by an institution of higher education;
(6) Rental units which a government unit, agency or authority owns, operates, manages, or in which governmentally subsidized tenants reside only if applicable federal or state law or administrative regulation specially exempt such units from municipal rent control. This includes “affordable housing” units and Section 8 housing;
(7) Rental units and dwellings constructed after the adoption of this chapter October 21, 2020; this exemption does not apply to units created as a result of conversion; and
(8) Where a unit is actually used for purposes of providing, on a non-profit basis, child care childcare or other residential social services in accordance with applicable laws. This exemption shall expire when the use upon which exemption is based ceases. This exemption shall only apply to units as they become vacant and shall only operate to allow the specified use without the necessity of obtaining a removal permit under this chapter. This exemption shall not be construed to authorize the eviction of any tenant nor to authorize the charging of rent in excess of that permitted in this chapter. The city may adopt regulations to determine whether a unit qualifies for an exemption under this section.

HOUSING SERVICE. Housing services include, but are not limited to repairs, maintenance, painting, providing light, hot and cold water, elevator service, window shades and screens, storage, kitchen, bath and laundry facilities and privileges, janitor services, refuse removal, furnishings, telephone, parking, the right to have a specified number of occupants, and any other benefit, privilege or facility connected with the use or occupancy of any rental unit. Services to a rental unit shall include a proportionate part of services provided to common facilities of the building in which the rental unit is contained.

LANDLORD. An owner, lessor, sublessor or any other person entitled to receive rent for the use and occupancy of any rental unit, or an agent, representative or successor of any of the foregoing.

PROPERTY. All rental units on a parcel or lot or contiguous parcels or contiguous lots under common ownership.

RECOGNIZED TENANT ORGANIZATION. Any group of tenants residing in controlled rental units in the same building or in different buildings operated by the same management company, agent or landlord, who requests to be so designated.

3 RENT. All periodic payments and all non-monetary consideration including but not limited to, the fair market value of goods or services rendered to or for the benefit of the landlord under an agreement concerning the use or occupancy of a rental unit and premises including all payment and consideration demanded or paid for parking, pets, furniture, subletting and security deposits for damages and cleaning.

RENT CEILING. Rent ceiling refers to the limit on the maximum allowable rent which a landlord may charge on any controlled rental unit.

RENTAL HOUSING AGREEMENT. An agreement, oral, written or implied, between a landlord and tenant for use or occupancy of a rental unit and for housing services.

RENTAL UNITS. Any building, structure, or part thereof, or land appurtenant thereto, or any other rental property rented or offered for rent for living or dwelling house units, together with all housing services connected with use or occupancy of such property such as common areas and recreational facilities held out for use by the tenant.

SINGLE-FAMILY HOME. A property that has been developed with only one one- family dwelling and any lawful accessory dwelling structures. For example, if a lot has a single-family home on it and a lawful accessory unit(s) on the property, the entire property including the accessory dwelling unit(s) would be considered a “single-family home” for purposes of this chapter.

TENANT. A tenant, subtenant, lessee, sublessee or any other person entitled under the terms of a rental housing agreement to the use or occupancy of any rental unit.

SECTION 2: Section 117.04, Maximum Allowable Rent Increases, of the Baldwin Park Municipal Code is hereby amended as follows:
§ 117.04 MAXIMUM ALLOWABLE RENT INCREASES.

It shall be unlawful for any landlord to demand, accept or retain more than the maximum rent permitted pursuant to this section and this chapter. (A) Immediate temporary rent freeze. Rents shall be frozen at their current rate and shall not be increased during the 120-day period following the date of adoption of this chapter.
(BA) Establishment of base rent ceiling. Beginning As of 120 days after the adoption of this chapter October 21, 2020, the original adoption of this chapter, no landlord shall charge rent for any controlled rental units in an amount greater than the rent in effect on the date one year prior to the adoption of this chapter. The rent in effect on that date is the “base rent ceiling.” If there was no rent in effect on the date one year prior to the adoption of this chapter, the base rent ceiling shall be the rent that was charged on the first date that rent was charged subsequent to the date one year prior to the adopt of this chapter. For tenancies commencing on or after the adoption of this chapter, which qualify for a vacancy rent increase pursuant to state law, the base rent ceiling is the initial rental rate in effect on the date the tenancy commences. As used in this division, the term “initial rental rate” means only the amount of rent actually paid by

4 the tenant for the initial term of the tenancy. The base rent ceiling is the reference point from which the rent ceiling may be adjusted upward, if applicable. (CB) Rent increases. Landlord may increase rent according to the United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index for All Urban Consumers or CPI-U. The maximum increase in rent based on the CPI-U is 5% per 12- month period. Thus, the rent for any controlled unit shall not be increased more than 5% during any 12-month period. An increase made pursuant to this division shall establish a new “base rent ceiling” for the affected unit. For each controlled rental unit subject to this chapter, the allowable rent increase for the next twelve-month period shall be the lesser of: (1) the percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (CPI-U) for the Los Angeles-Long Beach-Anaheim area for the 12-month period from April to April; or (2) five percent (5%). Said allowable increase shall become effective on August following that April 12-month period of the current year and apply for the ensuing twelve-month period. (DC) Increases based on consumer price index of less than 1%. If the Consumer Price Index (CPI-U) is any number less than 1%, then the landlord may increase rent up to 1%.
(ED) Posting. The landlord has a duty to post the maximum allowable rent prior to any increase. As soon as the landlord is aware of the maximum allowable rent, the landlord shall post it for each unit in a prominent place in or about the affected controlled units. The city may require that other information it deems relevant also be posted. (FE) Penalties for failure to post. The city shall notify a landlord of failure to post a notice in accordance with the provisions of this chapter. If a landlord fails to post the notice within seven days of city’s notification, the landlord shall pay a fine of $250 for each day after the seventh day that the landlord fails to post the notice.

SECTION 3: Section 117.05, Petitions, of the Baldwin Park Municipal Code is hereby amended as follows:
§ 117.05 PETITIONS AND HEARING.
(A) Petitions. Upon receipt of a petition by a landlord, based on the documentation provided pursuant to § 117.06 below, the rent of individual controlled rental units may be adjusted upward above the maximum allowable under § 117.04 in accordance with the procedures set forth in this section. The petition shall be on the form provided by the city and shall include a declaration by the landlord that the unit meets all requirements of this chapter, § 117.06, and is in compliance with all state laws on rent control. Notwithstanding any other provisions of this chapter, the city or hearing examiner may refuse to hold a hearing and/or grant a rent ceiling adjustment if an individual hearing has been held and decision made with regard to the maximum rent within the previous 12 months.
(B) Hearing procedure. The city shall enact rules and regulations governing hearings and appeals of individual adjustment of ceilings on allowable rents. No hearings may be held for landlord/tenant disputes. That includes but is not limited to, disputes about

5 habitability, disputes about whether there was a payment of rent, disputes regarding whether the tenant has violated his or her lease and any other disputes that do not directly involve the provisions of this chapter. Notwithstanding any other provisions of this chapter, no hearing shall occur and/or grant of rent ceiling adjustment if an individual hearing has been held and decision made with regard to the maximum rent within the previous 12 months.
(C) Hearing examiner officer. A hearing examiner officer may be the CEO or his or her designee. The hearing officer shall conduct a hearing to act upon the petition for individual adjustment of ceilings on allowable rents and shall have the power to administer oaths and affirmations.
(D) Notice. The city shall notify the tenant of the receipt of such a petition and provide a copy thereof.
(E) Time of hearing. The hearing officer shall notify all parties, as to the time, date and place of the hearing, which shall occur within sufficient time to meet the time for final decision in subsection (N) below.
(F) Records. The hearing examiner officer may require either party to a rent adjustment hearing to provide it with any books, records and papers deemed pertinent in addition to that information contained in registration statements. The hearing examiner officer shall conduct a current building inspection and/or request the city to conduct a current building inspection if the hearing examiner officer finds good cause to believe the city's current information does not reflect the current condition of the controlled rental unit.

The tenant may request the hearing examiner officer to order such an inspection prior to the date of the hearing. All documents required under this section shall be made available to the parties involved prior to the hearing at the office of the city. In cases where information filed in a petition for rent ceiling adjustment or in additional submissions filed at the request of the hearing examiner officer is inadequate or false, no action shall be taken on said petition until the deficiency is remedied. (G) Open hearings. All rent ceiling adjustment hearings shall be open to the public.
(H) Right of assistance. All parties to a hearing may have assistance in presenting evidence and developing their position from attorneys, legal workers, recognized tenant organization representatives or any other persons designated by said parties. (I) Hearing record. The city shall make available for inspection and copying by any person an official record which shall constitute the exclusive record for decision on the issues at the hearing. The record of the hearing, or any part of one, shall be obtainable for the cost of copying. The record of the hearing shall include: all exhibits, papers and documents required to be filed or accepted into evidence during the proceedings; a list of participants present; a summary of all testimony accepted in the proceedings; a statement of all materials officially noticed; all recommended decisions; orders and/or rulings; all final decisions, orders and/or rulings, and the reasons for each final decision, order and/or ruling. Any party may have the proceeding tape recorded or otherwise transcribed at his or her own expense.

6 (J) Quantum of proof and notice of decision. No individual adjustment shall be granted unless supported by the preponderance of the evidence submitted at the hearing.

All parties to a hearing shall be sent a notice of the decision and a copy of the findings of fact and law upon which said decision is based. At the same time, parties to the proceeding shall also be notified of their right to any appeal allowed by the city and/or to judicial review of the decision pursuant to this section. (K) Consolidation. All landlord petitions pertaining to tenants in the same building will be consolidated for hearing, and all petitions filed by tenants occupying the same building shall be consolidated for hearing unless there is a showing of good cause not to consolidate such petitions.
(L) Appeal. Any person aggrieved by the decision of the hearing examiner officer may appeal to the City Council. The aggrieved party shall file the request for an appeal with the City Clerk within ten days following the decision by the hearing officer. On appeal, the City Council shall affirm, reverse or modify the decision of the hearing examiner officer. The City Council may conduct a de novo hearing or may act on the basis of the record before the hearing examiner officer without holding a hearing. (M) Finality of decision. The decision of the hearing examiner officer or his or her designee shall be the final decision of the city in the event of no appeal to the City Council.

The decision of the hearing examiner officer or his or her designee shall not be stayed pending appeal; however, in the event that the city City Council on appeal reverses or modifies the decision of the hearing examiner officer, the tenant, in the case of an upward adjustment in rent, shall be ordered to make retroactive payments to restore the parties to the position they would have occupied had the hearing examiner officer's decision been the same as that of the hearing examiner officer or his designee. (N) Time for decision. The rules and regulations adopted by the city shall provide for final action on any individual rent adjustment petition within 120 days, following the date of filing of the individual rent adjustment petition. (O) Hearing examiner officer hearing required. All hearings on an individual petition for rent adjustment must first be heard by a hearing examiner officer.

SECTION 4: Section 117.06, Fair and Reasonable Rent, of the Baldwin Park Municipal Code is hereby amended as follows:
§ 117.06 FAIR AND REASONABLE RENT.

If the landlord is operating in a negative cash flow due to existing rents and allowable costs/expenses, then upon petition and hearing as set forth in § 117.05, to the City Council, the hearing officer, or the City Council on appeal, may make a determination on the “fair and reasonable rent” based on a request from and documentation provided by the landlord. The request must be made in writing, describing all facts to the negative cash flow, provide any documents to be considered by the hearing officer or the City Council, and be on an approved form the city will provide provided by the city. The allowable costs and expenses will be decided by the hearing officer or the City Council in

7 its their sole discretion. Upon appeal, tThe City Council’s decision will be final. For a petition under this section, the hearing process and procedures under § 117.05 will apply.

SECTION 5: Section 117.14, Just Cause, of the Baldwin Park Municipal Code is hereby amended as follows:
§ 117.14 JUST CAUSE EXCEPTION.

By petition to the City Council as set forth in § 117.05, any landlord may seek a rent increase above 3% based on providing “just cause” for the increase. The CEO or his or her designee hearing officer will decide any “just cause” exception. Any “just cause” exception must be approved by the CEO or his or her designee hearing officer based on a written request from the landlord. The landlord must provide a factual basis in writing to the City Council describing all facts of the “just cause” increase and any documents to be considered. The landlord may appeal the decision of the CEO or his or her designee hearing officer to the City Council. The City Council’s decision will be final. For a petition under this section, the hearing process and procedures under § 117.05 will apply.

SECTION 6: The City Council finds that this Ordinance is not subject to California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), Section 15060(c)(3) (the activity is not a project as defined in Section 15378), Section 15061(b)(3) (it will not have a significant impact on the environment) and Section 15308 (actions by regulatory agencies for the protection of the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because the subject ordinance has no potential for resulting in any significant physical change to the environment, either directly or indirectly.

SECTION 7: If any section, subsection, subdivision, sentence, clause, phrase or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 8: To the extent the provisions of the Baldwin Park Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Code as they read immediately prior to the adoption of this Ordinance, then those provisions shall be construed as continuations of the earlier provisions and not as new enactments.

SECTION 9: This Ordinance takes effect 30 days after its adoption.

SECTION 10: The City Clerk shall cause this ordinance to be published and/or posted in accordance with state law and shall certify to the adoption of this ordinance and shall place this ordinance in the original book of ordinances on file in the City Clerk’s Office.

8 PASSED AND APPROVED on the ____________.

______________________________

ALEJANDRA AVILA
MAYOR
ATTEST:

__________________________

CHRISTOPHER SAENZ,

CITY CLERK

STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.

CITY OF BALDWIN PARK

I, CHRISTOPHER SAENZ, City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. 1522 was introduced at a regular meeting of the City Council held on December 3, 2025, and was adopted by the City Council at its regular meeting held on ______________, by the following vote of the Council:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

________________________________

CHRISTOPHER SAENZ

CITY CLERK

ITEM NO: 6.

STAFF REPORT

TO: Honorable Mayor and Members of the City Council
FROM: Okina Dor, Director of Community Development
Robert A Lopez, Chief of Police
PREPARED BY: Jesus Astorga-Rios, Associate Planner
DATE: December 3, 2025

SUBJECT: Approval of a Contract with RRM Design Group to Prepare Pre-Approved Accessory Dwelling Unit Construction Plans

SUMMARY:

This report requests the City Council approve a contract with RRM Design Group to begin preparing construction plans for City-sponsored, pre-approved ADU plans to be made available to the public at no cost.

RECOMMENDED ACTION:

It is recommended that the City Council:

1. Award a contract to RRM Design Group to prepare construction plans for City-sponsored pre-approved ADU plans;

2. Authorize the Mayor, or designee, to execute the attached agreement with RRM Design Group to provide consulting services in an amount not to exceed $65,000; and

3. Authorize the Director of Finance to appropriate $65,000 from Fund 235-General Plan Fees and make necessary budget adjustment.

FISCAL IMPACT:

There is no fiscal impact on the General Fund. The proposed Professional Services Agreement with RRM for this project is $65,000. The funding source for this project will be paid from Fund 235 – General Plan Fees.

BACKGROUND:

To facilitate in the production of new, high-quality Accessory Dwelling Unit (“ADU”) developments, the City Council has expressed a desire to obtain pre-approved construction plans that would be offered free-of-charge to homeowners. Similar programs have been adopted in neighboring Southern California cities, such as Rosemead, Menifee and Pasadena, with each set of pre-approved construction plans being tailor-made to reflect the architectural character and details that properties strive to preserve with any new housing development being proposed within each City’s historically residential neighborhoods.

On January 15, 2025, City Staff provided a report to the City Council requesting direction on publishing a Request for Proposals (“RFP”) for professional design services to create a package of City-sponsored pre-approved ADU construction plans. City Staff were advised by the City Council to obtain conceptual plans from prospective design firms and report back to the City Council for their input prior to proceeding with recommendation for award of contract.

DISCUSSION:

On September 11th, 2025, Staff published, via PlanetBids, a Request for Proposals (RFP) for qualified firms to provide ADU Conceptual Plans as well as for the drafting of full construction drawings for pre-approved ADU

Plans. Proposals were due on October 9th, 2025. The City received proposals from 5 firms (See Table #1 Below).

Upon an initial review of the submitted bid packages, City Staff reached out to all individual firms who submitted prior to the initial due date and provided an additional opportunity to revisit their initial submittals, with the new cut-off date for revised proposals being November 4th, 2025.

EVALUATION AND SELECTION OF CONSULTANT
The proposals were evaluated by a team comprised of three City staff members. The proposals were evaluated for completeness; relevant experience; qualifications and experience of key individuals and project team capacity; understanding of the scope of services; quality of conceptual designs submitted as a part of their bid package; and project schedule. Project cost was not taken into consideration when evaluating each proposal, and is provided in Table #1 for reference only.

Based upon the evaluations, the evaluation team unanimously ranked RRM Design Group as number one. RRM Design Group has a proven track record of providing high-quality pre-approved ADU designs for local governments to distribute to homeowners and interested parties, with contracts awarded and executed in cities such as Escondido, Claremont and Lancaster to name a few. The proposal outlined in the bid package submitted by RRM Design Group aligns with the City’s expectations of providing off-the-shelf pre-approved ADU plans in a variety of options that would in effect accelerate the production of ADUs within the City of Baldwin Park. In summary, the RRM Design Group team represents the most qualified to award a contract for professional design services. The results of the evaluations were as follows:

No. Consultant Aggregated Score Project Cost*
1 RRM Design Group 92 $64,471
2 YW Rising Architects 75 $60,000
3 Office Of: People 49 $50,840
4 Chisel and Tool 32 $155,000
5 Infrastructure Architects, Inc 11 $67,240

ALTERNATIVES:

Staff recommends that the City Council award a contract to RRM Design Group to prepare construction plans for City-sponsored pre-approved ADU plans. Alternatively, if none of the proposals are acceptable, then advise Staff to not award a contract to any of the respondents of the RFP and terminate the effort to offer pre-approved, City- owned ADU plans to the community.

Additionally, Staff seek City Council’s consent for Staff to solicit the SOC Committee for use of Measure BP monies to fund the project.

CEQA REVIEW:

The project is exempt from CEQA per Section 15061.b.3 "Common Sense Exemption" as the creation of pre- approved ADU plans will serve as information tools to assist the public in obtaining permits for construction of an ADU in compliance with City requirements. Therefore, it can be seen with certainty that there is no possibility that the activity in question will have any significant impact on the environment.

LEGAL REVIEW:

This report has been reviewed and approved by the City Attorney as to legal form and content.

ATTACHMENTS:

1. PSA Template (Design Professionals) September 2025 RRM

CITY OF BALDWIN PARK

DESIGN PROFESSIONAL SERVICES

AGREEMENT
_____________________________
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 3 rd day of December, 2025 (“Effective Date”), by and between the CITY OF BALDWIN PARK, a municipal corporation (“City”), and RRM Design Group, a California Corporation (“Consultant”).

RECITALS
A. City proposes to utilize the services of Consultant as an independent contractor to prepare conceptual architectural plans and construction plans for the development of Accessory Dwelling Units (ADUs).

B. Consultant represents that it is a “design professional” as that term is defined by California Civil Code Section 2782.8 and has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated.

C. City and Consultant desire to contract for the specific services described in Exhibit “A” and desire to set forth their rights, duties and liabilities in connection with the services to be performed.

D. No official or employee of City has a financial interest, withi n the provision s of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

NOW, THEREFORE, for and i n consideration of the mutual covenants an d conditions contained herein, the parties hereby agree as follows:

1.0 SERVICES PROVIDED BY CONSULTANT

1.1 Scope of Services . City does hereby retain and Consultant agrees to perform during the term of this Agreement, the tasks, obligations, and services set forth in the Scope of Services attached to and incorporated into this Agreement as Exhibit “A” (“Services”).

1.2 Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement.

1.3 Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the Chief Executive Officer or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:

2 (a) Meet with Consultant to review the quality of the work and resolve the matters of concern;

(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or

(c) Terminate the Agreement as hereinafter set forth.

1.4 Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and State and local laws and ordinances applicable to the services required under this Agreement including all employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment. Consultant warrants that it is not suspended or debarred from doing business with the United States government and can legally be paid from federal funds. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement.

1.5 Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medi cal condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status, except as permitted pursuant to section 12940 of the Government Code. Such actions shall include, but not be limited to the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation and selection for training, including apprenticeship. Consultant a grees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.

Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital st atus, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

1.6 Non-Exclusive Agreement . Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

1.7 Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant’s sole cost and expense. All insurance req uirements contained in this Agreement are independently applicable to any and all subcontractors that Consul tant may engage during the term of this Agreement.

3 1.8 Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by la w. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.

1.9 Right to Utilize Others . City reserves the right to utilize others to perform work similar to the Services provided herein.

2.0. COMPENSATION AND BILLING

2.1 Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit “ B” attached hereto and incorporated herein by reference . Consultant’s total compensation shall not exceed Sixty-Five Thousand Dollars ($ 65,000.00)

2.2 Additional Services. Consultant shall not receive compensation for any services provided outside the Services in Exhibit “A” unless the Chief Executive Officer or designee, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. Should Consultant perform any additional services which have not been approved, in writing, by the City, Consultant does so at its own risk and costs.

2.3 Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than once a month. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice for undisputed work within forty-five (45) days from the date City receives said invoice . Each invoice shall describe in detail the services performed , the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

2.4 Records and Audits . Consultant shall maintain complete and accurate records with respect to costs incurred under this Agreement. All such records shall be clearly identifiable as relating to this Agreement and shall be maintained in accordance with generally recognized accounting principles. Consultant shall allow a representative of the City (including the California State Auditor if requested by the City pursuant to Government Code § 8546.7) 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 retain and 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. and shall be made available to the City for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after termination of this Agreement.

3.0 TIME OF PERFORMANCE

3.1 Commencement and Completion of Work. Unless otherwise agreed to in writing by the parties, the Services to be performed under this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said Services shall be performed in strict

4 compliance with the Project Schedule approved by City as set forth in Exhibit “C” attached hereto and incorporated herein. The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.

3.2 Excusable Delays . Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.

4.0 TERM AND TERMINATION

4.1 Term. This Agreement shall commence on the Effective Da te and continue for a period of 6 months, ending on May 6, 2025, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. This Agreement may be extended by one (1) additional one (1) year period upon mutual written agreement of both parties.

4.2 Notice of Termination . The City reserves and has the right and privilege of canceling, suspending, or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed o therwise by the City. If the City suspends, terminates, or abandons a portion of this Agreement such suspension, termination, or abandonment shall not make void or invalidate the remainder of this Agreement.

4.3 Termination.

4.3.1 Termination Without Cause. In the event of termination without cause, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effe ctive date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant.

4.3.2 Termination for Cause . In the event of termination for cause, Consultant will be liable to City for all costs to cure the deficiencies, and all loss, cost, expense, damage, and liability resulting from such breach and termination. The City is entitled to withhold any payments otherwise owed to Consultant to the extent of such costs, losses, expenses, damages, and liability.

4.4 Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps, and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written

5 authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.

5.0. INSURANCE AND INDEMNIFICATION

5.1 Minimum Scope. Prior to City’s execution of this Agreement and Consultant’s commencement of the Services, Consultant shall secure, submit proof of, and shall thereafter maintain without interruption, until completion of and acceptance by the City of the Services, such workers’ compensation, commercial general and automobile liability insurance, and professional liability insurance as shall protect Consultant, its subconsultants and the Additional Insured’s herein, from any and all claims for damages f or professional liability, personal injury, including accidental death, as well as any and all claims for property damage which may arise from or which may concern operations under this Agreement, whether such operations be by or on behalf of Consultant, any subconsultant or anyone directly or indirectly employed by, connected with or acting for or on behalf of any of them.

5.2 Carrier Ratings. All liability insurance shall be issued by an insurance company or companies authorized to transact liability insurance business in the State of California with a policy holder’s rating of A- or higher and a Financial Class of VII or larger.

5.3 Minimum Limits. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement, including any extension thereof, all of the following minimum scope of insurance coverages:

5.3.1 Commercial General Liability Insurance . Broad-form commercial general liability, with coverage at least as broad as the most current version of ISO Commercial General Liability coverage form CG 00 01, in a form at least as broad as ISO form CG 00 01 04 13, and shall include insurance for premises and operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and personal and advertising injury with a policy limit of not less than Two Million Dollars ($2,000,000.00) per occurrence and Four Million Dollars ($4,000,000.00) general aggregate. The aggregate limit, encompassing the above coverage, shall apply separately to this project/location.

If Consul tant maintains broader coverage and/or higher limits than the specified minimum amounts shown above, then the City requires and shall be entitled to the broader coverage for and/or the higher coverage limits maintained by the Consultant. Any available insurance proceeds exceeding the specified minimum limits of insurance and coverage shall be available to the City.

5.3.2 Business Automobile Liability Insurance. Business automobile liability for all owned, hired, leased, and non -owned vehicles at least as broad as the most current version of ISO Business Auto Coverage Form CA 00 01, with a policy limit of not less than Two Million Dollars ($2,000,000.00) combined single limit per accident. If Consultant maintains broader coverage and/or higher limits than the specified minimum amounts shown above, then the City requires and shall be entitled to the broader coverage f or and/or the higher coverage limits maintained by the Consultant. Any available insurance proceeds exceeding the specified minimum limits of insurance and coverage shall be available to the City.

5.3.3 Workers’ Compensation and Employer’s Liability Insurance . Workers’ compensation insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000.00) per accident for any employee or employees of Consultant. Consultant agrees to waive and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, officials, agents, emplo yees, and volunteers for

6 losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

By signing this Agreement, the Consultant acknowledges and agrees to the following:

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

The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of this Agreement, complete workers’ compensation insurance, and shall furnish a certificate of insurance to the Project Manager before execution of this Agreement by the City. The City, its officers, officials, agents, employees, and volunteers shall not be responsible for any claims in law or equity occasioned by failure of the Consultant to comply with this Section.

5.3.4 Professional Errors and Omissions (“E&O”) Liability Insurance .

Professional errors and omissions (“E&O”) liability insurance on an occurrence-based policy with policy limits of not less than Two Million Dollars ($2,000,000.00) per occurrence and Three Million Dollars ($3,000,000.00) policy aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. The retroactive date must be shown, and this date must be before the date of the contract or the beginning of con tract work. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract of work. If coverage is canceled or non-renewed, and not replaced with another policy form with a retroactive date prior to the contract effective date, the Consultant must purchase “extended reporting coverage” for a minimum of three (3) years after completion of contract work. A copy of the claims reporting requirements must be submitted to the City for revie w. If Consultant maintains broader coverage and/or higher limits than the specified minimum amounts shown above, then the City requires and shall be entitled to the broader coverage for and/or the higher coverage limits maintained by the Consultant. Any available insurance proceeds exceeding the specified minimum limits of insurance and coverage shall be available to the City.

5.4 Notice of Cancellation and Renewals . The policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to City by certified or registered mail (this obligation may be satisfied in the alternative by requiring such notice to be provided by Consultant’s insurance broker and set forth on its Certificate of Insurance provided to City). Consultant agrees that upon receipt of any notice of cancellation or alteration of the policies, Consultant shal l, within five (5) days, procure other policies of insurance similar in all respects to the policy or policies to be cancelled or altered. Consultant shall furnish to the City copies of any endorsements that are subsequently issued amending coverage or li mits within fourteen (14) days of the amendment . Should Consultant fail to immediately procure other insurance, as specified, to substitute for any cancelled policy or reduction in the required coverage limits, the City may procure such insurance at Consultant’s sole cost and expense.

5.5 Additional Requirements.

5.5.1 Additional Insured. The commercial general liability insurance policy and business automobile liability policy shall be endorsed to contain the following: The City of Baldwin Park, its officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned,

7 occupied, or used by the Consultant; and automobiles owned, leased, hired, or borrowed by the Consultant. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance at least as broad as one of the following ISO ongoing operations forms:

CG 20 10 or CG 20 26 or CG 20 33 (not allowed from subcontractors), or CG 20 38; and one of the following ISO completed operations forms: CG 20 37, 2039 (not allowed from subcontractors), or CG 20 40.

5.5.2 Primary, Not Contributory. The Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Baldwin Park, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Baldwin Park shall be excess and not contributing with the insurance provided by this policy.

5.5.3 Reporting Provisions. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Baldwin Park, its officers, officials, agents, employees, and volunteers.

5.5.4 Defense Costs. Defense fees and costs shall not deplete the limits of any insurance provided under this Agreement.

5.5.5 Separate Insureds. The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

5.5.6 Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure the City is an additional insured on insurance required from subcontractors.

5.5.7 Waiver of Subrogation . C onsultant agrees to waive, and to obtain endorsements from insurers waiving, subrogation rights against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their insurance policies.

5.5.8 Standard Occurrence. Coverage shall be on a standard occurrence form.

Claims-made forms are not acceptable. Modified, limited, or restricted occurrence forms are not acceptable.

5.5.9 Combination of Insurances is Acceptable. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

5.5.10 Deductibles Exceeding $25K. Any deductible or self-insured retention shall be shown on the certificate of insurance. If the deductible or self -insured retention exceeds $25,000.00, it shall be approved in advance by City. Consultant is responsible for any deductible or self -insured retention and shall fund it upon City written request, regardless of whether Consultant has a claim against the insurance or is named as a party in any action involving City.

5.6 Non-limiting. Consultant’s maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Consultant or its subconsultants to the

8 coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.

5.7 Certificates of Insurance, Additional Insured Endorsements and Deductibles. Prior to execution of the Agreement, and thereafter upon City’s request, Consultant shall furnish City with original certificates of insurance and additional insured endorsements setting forth evidence of all insurance coverage required by this Article. Each certificate and endorsement shall be signed by a person authorized by that insurer to bind coverage on its behalf. The City shall continue to be an additional insured for completed operations for (1) year after completion of the work.

5.8 Consultant’s Failure to Provide Required Insurance. Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Consultant shall immediately notify City and cease all performance under this Agreement until further directed by the City. In the absen ce of satisfactory insurance coverage, City may, at its discretion and sole option: (a) procure insurance with collection rights for premiums, attorneys’ fees and costs against Consultant by way of set-off or recoupment from sums due Consultant; (b) immediately terminate or suspend Consultant’s performance of the Agreement; (c) pay Consultant’s premiums for renewal of Consultant’s coverage; or (d) self -insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorneys’ fees and costs, being collectible from Consultant, by way of set-off or recoupment from any sums due Consultant. Upon demand, Consultant shall repay City for all sums that City paid to obtain, renew, reinstate, or replace the insurance, or City may offset the cost against any monies that the City may owe Consultant.

5.9 Verification of Coverage. City shall have the right to obtain complete and certified copies of Consultant’s and subconsultants’ insurance policies (including, but not limited to, the declarations page, form list and riders), endorsements or certificates required this Agreement, upon request (including, but not limited to, the declarations page, form list and riders).

5.10 Indemnification and Hold Harmless. Consultant is deemed a “design professional” under Civil Code 2782.8. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Consultant’s sole expense, from and against any and all claims, actions, su its or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or subconsultants, in the performance of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subconsultants, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subconsultants, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon negligence, recklessness, or willful misconduct in the work performed by the Consultant, its employees, and/or authorized subconsultants under this Agreement, whether or not the Consultant, its employees, and/or authorized subconsultants are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. In no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate perc entage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its

9 share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.

6.0. GENERAL PROVISIONS

6.1 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.

6.2 Representatives. The Chief Executive Officer or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives, and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives , and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.

6.3 Priority of Documents . The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.

6.4 Notices. Any notices, documents, correspondence , or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envel ope, postage prepaid, and deposited in the United States Postal Service . Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

IF TO CONSULTANT: IF TO CITY:

RRM Design Group
32332 Camino Capistrano, Ste 205
San Juan Capistrano, CA 93401
City of Baldwin Park
14403 Pacific Ave
Baldwin Park, CA 91706
Tel: 949-361-7950 Tel: 626-960-4011
Fax: _________________ Fax: _________________
Attn: _________________ Attn: _________________

6.5 Attorneys’ Fees. In the event that litigation is brought by any party in connection

10 with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

6.6 Governing Law and Venue. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California. Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.

6.7 Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet, or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting, or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.

6.8 Independent Contractor . Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.

Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business li censes, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

6.10 PERS Eligibility Indemnification . In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, State, or Federal policy, rule, regulation, law , or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City,

11 including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

6.11 Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.

6.12 Ownership of Documents . All Documents including computer assisted drawing files shall be and remain the sole property of the CityThis 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 d ata magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents). Consultant shall require all subcontractors to agree in writing that City is granted a non -exclusive and perpetual license for any Documents the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents. City shall not be limited in any way in its use of the Documents at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. All Documents, including but not limited to, computer assisted drawing files, shall be and remain the sole property of City. Consultant agrees that any such Documents shall not be made available to any individual or organization without the prior consent of City, but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Consultant or Consultant’s agents shall execute such documents as may be necessary from time to time to confirm City’s ownership of the copyright in such documents.

6.13 Public Records Act Disclosure . Consultant has been advised and is aware that this Agreement and all reports, documents, information, and data, including, but not limited to, computer tapes, discs, or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 7920.000 et seq.). Exceptions to public disclosure may be thos e documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 7924.510, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.

6.14 Conflict of Interest . Consultant and its officers, employees, associates , and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090.

During the term of this Agreement, Consultant and its officers, employees, associates , and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates, or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant’s duties and services under this Agreement shall not include preparing or assisting the City with any portion of

12 the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project.

Consultant’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications.

Consultant shall coop erate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project, if any, have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Co nsultant pursuant to this Agreement.

6.15 Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates, and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.

6.16 Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect. Notwithstanding the above, this provision shall not apply to any publicly advertised position to which an employee, without enticement or promises by Consultant, applies.

6.17 Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable:

This Agreement, the City’s Request for Proposals, the Consultant’s Proposal.

6.18 Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

6.19 No Third-Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

6.20 Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

6.21 Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

13 6.22 Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

6.23 Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

6.24 Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

6.25 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

6.26 Corporate Authority . The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

Signatures on the following page.

14 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

CONSULTANT:

By:__________________________________ Date: __________________________ Name:

Title:

By:__________________________________ Date: __________________________ Name:

Title:

CITY OF BALDWIN PARK,
a municipal corporation

By:__________________________________ Date: __________________________ Alejandra Avila
Mayor

Attested to:

By:________________________________
Christopher Saenz
City Clerk

Approved as to form:

By:________________________________
Christian Bettenhausen
City Attorney

EXHIBIT “A”

SCOPE OF SERVICES

1 Section One:

Work Proposal
Proposal for
Pre-approved Accessory Dwelling Unit Plans
Pictured:

City of Agoura Hills ADU Prototype,
Agoura Hills, CA
1

2 City of Baldwin Park | Proposal for Pre-approved Accessory Dwelling Unit Plans Project Understanding and Approach
The City of Baldwin Park (City) is taking the lead in proposing the initiation of a pre-approved ADU program.

This program aims to encourage ADU production and address local housing needs. RRM’s extensive portfolio and expertise in ADU regulations, visual document production, architectural/construction-level permit-ready plan drafting, and community outreach and engagement will be instrumental in bringing this vision to life.

RRM understands the City is looking to develop a series of permit-ready housing units and allow homeowners to streamline the process of using those plans for their unique and individual needs. We are committed to this goal and recognize that the City aims to maximize the number of plans and options achievable from local funding. RRM’s long history in production housing allows us to develop plans with various options, making a single plan far more customizable and functional in multiple situations. RRM will provide for the following designs to be refined during the initial due diligence portion of the design process:
• One (1) approximately 500-600 sf, free-standing studio ADU in compliance with California Residential Code, not exceeding 16 feet in height and designed to conform to a typical flat lot • One (1) approximately 800 sf, free-standing one-bedroom ADU in compliance with California Residential code, not exceeding 16 feet in height and designed to conform to a typical flat lot • One (1) approximately 1000 sf, free-standing two-bedroom ADU in compliance with California Residential code, not exceeding 16 feet in height and designed to conform to a typical flat lot Initial conceptual design examples are provided as part of the RFP response. Following contract initiation, RRM anticipates further refinement through an initial due diligence phase which may alter the final unit sizes or configuration.

Each plan type is designed to adapt to and include two alternate elevation styles to conform to the City’s identified architectural styles: Spanish and a minimalist version of traditional. Style options may include alternative roof forms, materials, colors, accents, and ornamentation. At least one of the proposed designs will give an option for a universal design, providing accessibility to all components and ensuring that all community members are considered.

RRM envisions this project as a four-phase project which begins with programming. As with any public project, the City is responsible to its citizens to spend money wisely and effectively. This is the problem that an initial due diligence or programming phase can address. We are looking to identify the greatest opportunity to impact housing stock through a pre-approved ADU program for this project. Starting with the kickoff meeting, the City will be a partner in evaluating the initial concepts to respond to the unique needs and lot opportunities within the city. The success of this program will not come from the plan set product but will be founded on crafting context-appropriate designs and then facilitating implementation. RRM’s community- based design will help ensure that these plans have elevation options that allow for personal taste and are appropriate to the community’s identified architectural vernacular . Identifying the correct designs for the City will come through RRM’s collaboration with City staff. Coupled with an inventory of city parcels to identify ADU spatial opportunities and footprints within the community, these outcomes will inform the second phase’s building block: design. We understand that residential design can be one of the purest manifestations of community character; many people are passionate about homes. This is where our collaborative approach to design results in successful outcomes. Building from RRM’s production housing experience, we will develop designs with options to help provide the greatest variety of plans founded on the base project program. RRM will collaborate with the staff and building departments in the early phase to create efficient, implementable designs that fit the pre-approval process’s goals. Based on these designs, RRM will develop presentations drawings suitable for public outreach and hearings if desired.

3Work Proposal | Section 1
Following final design approval, RRM will work with City staff and building officials to generate complete permit-ready plan prototypes, providing a wide variety of options for each homeowner to implement on their unique site. Before implementation, we see the permit-ready ADU plan preparation as the phase where our multidisciplinary practice provides the most significant impact. In-house structural engineering allows us to focus on design development with an eye toward efficient, low-cost construction, which will be of fundamental value to the end user . RRM has extensive experience in affordable and production housing, which helps us focus on efficient, implementable solutions.

This leads us to the final component of the project: implementation. Getting the plans off the shelf and into the community is truly the end goal for a project like this. RRM’s experience on both sides of the counter will provide a solid basis for presenting information and how that information is perceived and used by private citizens.

We embrace a collaborative approach to the design process. RRM is looking forward to working with staff to define and develop this process so that by the time the plans are ready for the public, all parties should know what to expect.

Task 1: Conceptual Plan Design
In this project’s initial phase, the team will engage in a due diligence and program review process to inform the team and key City staff on the primary issues to be addressed and to gather and review relevant data and background information.

Task 1.A: Initiation/City Research
Following the review of existing data, the project team will meet with City staff to review the initially submitted conceptual designs, further define the scope and unit configuration, review and confirm the project schedule, layout of significant project milestones, meeting times, deliverable targets, and review pertinent data. We will use this time to identify the review process and discuss issues relating to the implementation of a pre-approved ADU design solution with the intake planners and building official.

As a first step in the process, the team will collect and review all data relevant from design guidelines, the general plan, the development code, specific plans, the local jurisdiction’s unique requirements, and other planning efforts that have a bearing on the community. RRM will work with staff to compile a preliminary survey of existing residential parcel sizes and configurations to test the preliminary ADU plan size and configuration recommendations and offer possible improvements and alternatives.

Deliverables:
• One (1) meeting with City staff (virtual)
• One (1) meeting minutes
• Design revision recommendations
Staff Engagement:
• Provide project-relevant background information and documents • One (1) meeting
• Review and comment on provided deliverables.

4 City of Baldwin Park | Proposal for Pre-approved Accessory Dwelling Unit Plans ADU Design Development
The baseline generic ADU prototypes designed to fit on generic flat lots, include the following:
• One (1) Free-standing studio ADU estimated to be 500-600 SF sf in compliance with California Residential Code, not exceeding 16’ in height and designed to conform to a typical flat lot. • One (1) Free-standing 1-bedroom ADU estimated to be up to 800 sf in compliance with California Residential Code, not exceeding 16’ in height and designed to conform to a typical flat lot. • One (1) Free-standing 2-bedroom ADU estimated to be up to 1000 sf in compliance with California Residential Code, not exceeding 16’ in height and designed to conform to a typical flat lot Each plan type will be designed to adapt to and include two elevation styles to conform to the City’s architectural styles: Spanish and Minimal Traditional. The style options will be expressed through material, colors, accents, and detailing with a minimum of structural differentiation.

Each of the three base plans may be provided with design options, including ADA adaptable and fully accessible options, storage options, additional bedroom or flex space options, and multiple entry locations to allow personalization and site flexibility. This approach allows for the base plans to serve as many times as the number of designs.

At least one plan will provide for a universal design and an ADA-compliant accessible plan, including a step- free entrance and sufficient maneuverable space for a wheelchair in the bedroom, kitchen, living room, and bathroom. The doorways would be 32 inches at minimum.

Each plan will incorporate optional front porch designs.

Each plan will have both Hip and Gable Roof Design options with roof slopes between 4:12 and 6:12.

Task 1.B: Preliminary (30%) ADU Design Revisions
Based on the initially submitted conceptual plans and feedback from city staff, RRM will anticipate revisions and refinement to the conceptual plans. RRM recognizes that residential design can be one of the purest manifestations of community character, and many people are passionate about homes and we expect staff and city council to provide feedback for improvement on the conceptual plans to make them a better fit for the community. Therefore, RRM encourages a collaborative approach to working with staff to deliver designs that respond to the community’s unique character. Following the initial staff input in the task above, RRM will refine the conceptual plans for review with staff to determine the final layout that most responds to the city’s desired outcomes. We will review the designs with staff for comment and approval at approximately the 30% completion stage. Plans will be based on generic sites as directed by staff.

Deliverables:
• PDF format submittal
• One (1) meeting with the City staff to review conceptual plan options • Preliminary site/floor plans – Three (3) Plans
• Preliminary Elevations – Two sheets of 4 elevation each for each of the 3 plan types for a total of 24 elevations
• Preliminary material selections
• Electronic file delivery – PDFs.

Staff Engagement :
• Review and comment on conceptual floor plan design

5Work Proposal | Section 1
Task 2: Schematic Design and Presentation
Task 2.A: Schematic (65%) ADU Design
Based on staff feedback on the Conceptual design, RRM will refine the schematic design to an approximately 65% completion level for review by staff and any public outreach efforts. The submittal will be architecture- specific and for a non-specific generic site; no civil engineering or landscape architecture will be provided for review. At the end of this phase, all design work will be complete, and this is an opportunity for staff to share plans with stakeholders or policymakers for final revisions prior to permit plan preparation.

Deliverables:
• PDF format 65% plan set
• Three (3) Floor plans
• Six (6) sets of four sided Elevations – two styles per each plan type. • Six (6) 3D color-rendered front view perspectives suitable for publication • Schematic Roof Plans - 6 total , two per building plan • Schematic Sections - 6 total , two per building plan
• Digital color and material boards; one (1) for each elevation style as printed images Staff Engagement:
• Review and comment on conceptual floor plan design
Task 2.B: Public Meetings – (If Required)
Stakeholder, Architectural Review or Planning Commission meetings could be initiated upon completion of the schematic design phase and prior to initiation of the building plan set development. We have provided this as an optional task. RRM will provide graphics and support to staff-initiated public meetings. These meetings can be virtual or in person at the city’s discretion.

Deliverables:
• Up to Four (4) Planning Commission and/or City Council meetings • Schematic design presentation package
• Revisions to designs based upon meeting input.

Task 3: Preparation of Final Building Plans
Task 3.A: Document Preparation and Plan Review
Our experience providing simple, cost-effective designs and plans complying with California Building Codes requirements provides a strong foundation for further modification. Our fully construction-ready plan of conditions meets code requirements. All unit elevations are customizable to allow for variations in exterior materials and door and window fenestration to express individual owners’ tastes and community character.

This will be achieved by stating the requirements of each exterior wall’s minimum shear wall panel. Most interior walls will not be used for bearing, allowing further flexibility for the end user. For construction cost, speed, and simplicity, designs are anticipated to utilize truss roof framing, but a stick frame option has been provided in the budget.

Our goal would be to express the design intent with a structural system that considers the most material and cost-efficient approach to provide a more implementable, affordable housing solution. This detailed review is typically only achievable with an in-house structural design team where all parties share a mutual goal.

6 City of Baldwin Park | Proposal for Pre-approved Accessory Dwelling Unit Plans Title 24 energy compliance will be designed for all 4 orientations. No mechanical and electrical engineering design is anticipated beyond typical line diagrams. Again, design efficiency will be a key mechanical and electrical design parameter. RRM is a leader in efficient, sustainable design. To this end, RRM will also provide an alternate specification to provide a higher level of sustainable design than the baseline code requirements provide.

We anticipate only one round of plan check revisions and resubmittal. RRM anticipates a single City- coordinated review for all departments. The City will be responsible for the coordination of plan reviews.

As part of the construction document scope, an ADU application submission template will be developed to allow individual lot-specific submissions and alternate design submissions. The submission template will be developed using the City’s standard submittal process.

Plans to be produced according to the following criteria:

1. All designs shall fully comply with the 2025 California Residential Code, California Code of Regulations, Title 24, and Part 2.5. including the Electrical, Plumbing, Mechanical, Energy, Green Building, and Fire Codes

2. All designs shall comply with the 2025 California Building Code (CBC), California Code of Regulations, Title 24, and Part 2 for structure(s) or elements(s) exceeding the design limitations in the CRC or specifically directed by the CRC to use the CBC.

3. All designs shall comply with City of Baldwin Park municipal and zoning codes.

4. Minimum Energy Compliance Design Criteria: State Title 24 Energy Compliance documentation in all four primary orientations (north-, south-, east-, and west-facing). a. Climate Zones: 9
b. Exterior Wall Insulation: R-15
c. Attic Insulation: R-30
d. Designed for both heating and cooling: 92 AFUE (Heating); 15 SEER (cooling)

5. Foundation Design Criteria:

The foundation design is generally site-specific, although the building code does allow for code minimums and the waiving of site-specific soil geotechnical investigations. The foundation design is provided for building sites that do not exceed a slope of one vertical to three horizontal units. Foundation system to be slab on grade.

Discussions with the building official will be required to refine the approach for varying soil types. The design will provide alternative details to address differing soil conditions as needed:
a. Soil Bearing Pressure: 1,500 PSF (without Geotechnical Report) b. Lateral Bearing Pressure: 100 PCF
c. Foundation Depth Below Ground Surface: 18 inches min.

6. Front porch options shall be provided on at least one elevation style of each plan type. Porch detailing shall include, at a minimum,
a. Ledger and attachment details
b. Porch framing member size, spacing, and connection details. c. Column size and isolated footing design, including connection details. d. Any soffit and finish trim details required to fulfill the design intent.

7. Fire Resistive Construction Details:
a. The proposed detached units should be anticipated to be located within four feet of a real or assumed property line on the rear or side elevation.
b. Therefore, for each of the proposed plan elevations, the rear and side elevations will be designed with options to comply with CRC Table R332.1 (1) Fire Resistance Protection/Rating of exterior Wall elements.

8. Wildlife Urban Interface details will be provided as alternate details when site locations are required.

7Work Proposal | Section 1
Deliverables:

Each Plan Set Will Include:
• PDF format plan set
• Jurisdictional-specific cover sheet
• Generic site plan with fillable information; no grading, stormwater, or utilities information five (5) feet beyond the unit
• Floor plan sheet (1/4” = 1’-0” scale)
◦ Window and door schedule including material, style, and operation. ◦ Plumbing fixtures located
◦ Electrical fixtures located (may be on separate electrical plan) ◦ Mechanical fixtures located (may be on separate plan) ◦ Finish specifications
• External elevations: one (1) front, two (2) sides, and one (1) rear as plan typical elevations (1/4” = 1’-0” scale)
• Exterior finish specification
◦ Front exterior style options; two (2) total optional front elevations per plan, with associated details ◦ Color Renderings of exterior; one (1) exterior elevation rendering per style per plan, six (6) total illustrating color and material options for marketing publication provided as individual graphic files • Sections, as necessary, maximum of two (2) per unit (1/4” = 1’-0” scale) ◦ One in each the longitudinal and transverse directions ◦ Information to include ceiling height, wall and ceiling insulation, foundation, roof pitches, accessible attic locations, and detail references
• Electrical Plans (1/4” = 1’-0” scale)
◦ Fixture placement per code
◦ Circuit protection requirements including Arc-Fault and Gound-Fault ◦ Electrical Service panel locations
◦ Main panel upgrade verification requirements.
• Foundation plans - slab on grade only. (1/4” = 1’-0” scale) • Roof plan (1/4” = 1’-0” scale)
◦ Two roof options per plan: Hip and Gable
◦ Roof Material Specification with loading designs for composition Shingles and light-weight Tile ◦ Roof slope options of 4:12., 5:12, and 6:12
◦ Attic ventilation including vent size and location
◦ Avaible Photovoltaic (PV) area and required clearances. • Roof Framing Plan – Assumes Truss roof design but budget for optional cut roof design provided • Architectural and structural details
• Mechanical, and plumbing plans; limited to line diagram electrical and mechanical • T24 Energy calculations for all 4 orientations based upon 2025 California Energy Code Prescriptive Package D
• No fire sprinklers plans are to be provided other than designating the requirement for fire sprinklers as applicable
• CALGreen (Title 24/Part 11) requirements sheet
• One (1) plan review cycle is anticipated

8 City of Baldwin Park | Proposal for Pre-approved Accessory Dwelling Unit Plans Final Delivery Documents:
• 24 x 36 PDF file
• 11 x 17 PDF file (non-scalable)
• Color exterior renderings suitable for marketing and publication • Illustrative floor plan for marketing and publication Staff Engagement:
• One (1) pre-submittal 90% set review meeting
• Building p[permit plan submission coordination
• Plan review
Task 3.B: Stick Framed Roof Structural Design (Optional)) The basis of the structural design is a premanufactured roof truss. However, due to the rural nature of your county, an optional task would be to provide a stick-framed roof system consisting of rafters, ridge beams, and ceiling beams. Each element would be designed to the appropriate snow load, resulting in a size range chart on the structural drawings.

Deliverables:
• One (1) meeting with City staff (virtual) prior to commencement • Three (3) updated plan sets
Task 3.C: Project Management/Coordination
The foundation of RRM’s practice relies on expert and proactive project management. Successfully accomplishing each unique assignment within the needed timeframe and allocated budget is essential. RRM focuses on capturing a clear direction on final deliverables and end products at the beginning of a project, establishing a shared understanding of the project with the City and all team members. This provides an essential project “road map.” RRM develops a critical path schedule, monitoring and updating it regularly throughout the process. We make it a practice to provide regular status reports of project progress and closely coordinate with the County’s project manager and key consultant team members.

RRM considers close project team collaboration as a key mechanism to ensure issues are well-vetted and fully addressed because better projects result from multiple perspectives. In addition, all product deliverables are reviewed internally for quality control purposes before the City submittal.

RRM has found that establishing mutually agreeable, timely turnaround review times in managing a schedule is helpful. One practical approach can be for the City to provide one red-lined, marked-up version of comments from its staff, so that all comments are reconciled and expedited in the revision process. Early consultation with affected agencies and stakeholders is vital for a smooth and efficient process. These approaches reduce potential surprises that can add costs, cause delays, and dilute consensus. In addition, the performance of project managers is evaluated in several ways:
• Monthly review of compliance with project budgets by task by RRM management and principals. Our Unanet project management and accounting software which allows project managers and principals to track daily time entries and task budgets
• Ongoing oversight by the principal-in-charge regarding contract and schedule adherence, as well as overall project progress
• Periodically, report cards are provided to clients to solicit feedback on the project manager and overall project performance
• Annually, project managers are evaluated on the quality of their performance • Throughout the project process, client feedback is sought by both RRM project managers and contract personnel to ensure satisfaction and provide the opportunity for adjustment if needed We take project management seriously and are committed to delivering on time and on budget.

9Work Proposal | Section 1
Work Program Assumptions
• Meeting notices: The City is responsible for printing and distributing physical meeting notices when needed. If requested, the costs of providing printing and/or distribution of meeting notices would be on a time and materials basis.
• Meeting attendance: The project budget does not include attendance at public meetings. The costs of additional meeting attendance would be on time and materials. In addition, meetings are assumed to be conducted using a virtual format.
• Draft documents: A draft of each document will be provided to staff and revised based on a single set of consolidated comments providing clear direction.
• Printing: This budget assumes the City will be responsible for printing and distributing documents • Environmental review. The scope of work requested does not include environmental documentation or clearance pursuant to the California Environmental Quality Act. As such, environmental documentation and technical studies are not included in this work program. However, such documentation would be provided on a time and materials basis if requested.
• Ownership: Upon completion of the final plan review and delivery, the prototype plans will become the intellectual property of the county.
• Public Use: Upon final approval, an approved record set will be provided for county records as the Master Plan. Separate sets for public distribution will be provided with county logos and watermarked “APPROVED FOR USE IN CITY OF BALDWIN PARK ONLY.”
• This proposal assumes the City will own and maintain the approved architect or engineer stamped originals, issue users unstamped copies, and require a hold harmless agreement to be signed by the end user. The wording suggested similar to ”By using these permit-ready accessory dwelling unit construction documents; the user agrees to release, hold harmless, and indemnify the City, its elected officials and employees, and the architect or engineer who prepared these construction documents from any claims, liabilities, suits, and demands on account of any injury, damage or loss to persons or property, including injury or death, or economic losses, arising out of the use of these construction documents.”

16 EXHIBIT “B”

FEE SCHEDULE

33Project Cost Budget | Section 4
Cost Proposal The City of Baldwin Park will retain non-exclusive rights to distribute and use the plans within the city of Baldwin Park without any additional licensing or use fee.

RRM
RANDY
RUSSOM
RRM

JESSICA

MEADOWS
RRM

KRISTINE

FERREIRA

RRMARCH STAFF

RRMENG STAFF
252 $ per hour 210 $ per hour 165 $ per hour 130 $ per hour 130 $ per hour TASK 1: Conceptual Plan Design FEE
TYPE

ESTIMATED
FEE

1.A Initiation Meeting / City research FF 2,319$ 2 $504 1 $210 5 $825 6 $780 0 $0

1.B Preliminary Design Refinements (30%) Design T&M NTE 3,748$ 4 $1,008 0 $0 4 $660 16 $2,080 0 $0 Total: 6,067$
TASK 2: Shematic Design and Presentation FEE
TYPE

ESTIMATED
FEE

2.A Schematic (65%) ADU Design FF 8,906$ 8 $2,016 3 $630 8 $1,320 32 $4,160 6 $780

2.B Public Hearings (if requested) T&M NTE 6,804$ 12 $3,024 0 $0 4 $660 24 $3,120 0 $0 Value: 15,710$
PHASE 3: Site Plan Integration FEE
TYPE

ESTIMATED
FEE

3.A Document Preparation and Plan Review FF 36,400$ 20 $5,040 6 $1,260 28 $4,620 136 $17,680 60 $7,800

3.B Stick Framed Rood Design (optional) - See Below FF -$ 0 $0 0 $0 0 $0 0 $0 0 $0

3.C Project Management and Coordination FF 5,394$ 12 $3,024 5 $1,050 8 $1,320 0 $0 0 $0 Value: 41,794$ .
63,571$
900$
64,471$

OPTIONAL TASKS FEE
TYPE

ESTIMATED
FEE

3.B Stick Framed Rood design (Optional) FF 3,647$ 1 $252 3 $630 1 $165 0 $0 20 $2,600 Value: 3,647$
Project Manager
Subtotal
Estimated Project Total
Reimbursable Expenses (T24 ENERGY COMPLIANCE)
Fee Footnote
Estimated fees for tasks shown as “Time and Materials - Not to Exceed" (T&M/NTE) are provided for informational purposes only. Amounts billed for these tasks, which will reflect actual hours, will not be exceeded without prior approval by the client.

Reimbursable Expenses
Incidental expenses incurred by RRM Design Group or any subconsultant it may hire to perform services for this project are reimbursed by the client at actual cost plus 10% to cover its overhead and administrative expenses.

Adjustment to Hourly Billing Rates
RRM reserves the right to adjust hourly rates on an annual basis.

City of Baldwin Park
Cost Proposal
November 4, 2025 Structural EngineerPrincipal-in-Charge Engineering Production Staff
Architectural
Production Staff

17 EXHIBIT “C”

SCHEDULE OF PERFORMANCE

11 RRM Design Group
Project Timeline
City of Baldwin Park
Project Timeline
November 4, 2025
Contract Award
Task 1.A: Initiation Meeting
Task 1.B: Preliminary (30%) ADU Design Revsions
Task 2.A: Schematic (65%) ADU Design
Task 2.B: Public Hearings (if requested)
Task 3.A: Document Preparation and Plan Review
Task 3.B: Stick Framed Rood Design (optional)
Task 3.C: Project Management/Coordination
Meeting
Duration
May

ADU PROTOTYPES
Dec Jan Feb March April

ITEM NO: 7.

STAFF REPORT

TO: Honorable Mayor and Members of the City Council
FROM: Okina Dor, Director of Community Development
PREPARED BY: Jesus Astorga-Rios, Associate Planner
DATE: December 3, 2025

SUBJECT: Approval of a contract with Constant and Associates to provide consulting services to update the Local Hazard
Mitigation Plan in Compliance with State and Federal Law

SUMMARY:

This report requests the City Council approve a contract with Constant and Associates to prepare an update to the City of Baldwin Park’s Local Hazard Mitigation Plan.

RECOMMENDED ACTION:

It is recommended that the City Council:

1. Award a contract to Constant and Associates to prepare an update to the City of Baldwin Park’s Local Hazard Mitigation Plan;

2. Authorize the Mayor, or designee, to execute the attached agreement with Constant and Associates to provide consulting services in an amount not to exceed $151,008.13; and

3. Authorize the Director of Finance to appropriate $151,008.13 from Fund 235-General Plan Fees and make necessary budget adjustments.

FISCAL IMPACT:

There would be no adverse fiscal impact to the City’s General Fund. All funds used will be a combination of grant funds and special funds.

At the direction of the City Council, the City of Baldwin Park applied for and was granted an award amount of up to $164,987.00 in grant funds from the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP) that is administered by the State of California (State). The grant is non-competitive and was awarded on November 22, 2024. The funding from this grant will pay for the costs of the consultant. Grant funding will be provided by the State on a reimbursement basis and in quarterly installments. Therefore, while funds from the General Plan Fees account will be used to directly pay the consultant, the City will be reimbursed the entire amount from the State.

BACKGROUND:

As required by Federal Law, specifically the Disaster Mitigation Act (DMA) of 2000, all State and Local governments must prepare hazard mitigation plans to document their hazard mitigation planning process and identify specific natural or man-made hazards in their service area, potential losses as a result of natural or man- made disasters, mitigation needs, goals and strategies. This type of planning document informs programs and policies such as the City’s Emergency Management Programs.

In order to remain compliant with DMA 2000, each State and Local government must have a federally approved Local Hazard Mitigation Plan (LHMP). Once approved by the Federal Emergency Management Agency (FEMA),

a State or Local government’s LHMP is valid for five years. The latest version of the City of Baldwin Park’s LHMP was adopted by the City Council in 2004, which makes the current document fall out of compliance with FEMA standards. Additionally, on April 19, 2022, FEMA released an updated Local Mitigation Planning Policy Guide, effective April 19, 2023. This new guidance serves as FEMA’s official policy on and interpretation of the applicable statutes and mitigation regulations in 44 Code of Federal Regulations (CFR) Part 201. As this guidance has only been in effect for a little over two years, the City sought an experienced consultant to help update the LHMP.

LHMPs are required by FEMA to receive certain types of non-emergency disaster assistance including the Hazard Mitigation Grant Program and Building Resilient Infrastructure and Communities (BRIC) project grants. On November 22, 2024, the City was awarded Hazard Mitigation Grant Program (HMGP) G424D funding from FEMA to update its LHMP. Based on the funding terms stipulated in the agreement with FEMA, the City has until December 2026, to complete the project which will result in a FEMA approved LHMP. Therefore, a Request for Proposal (RFP) was issued for qualified consultants to submit proposals to update the City’s LHMP.

DISCUSSION:

On October 9th. 2025, Staff published, via PlanetBids, a Request for Proposals (RFP) for qualified firms to submit a proposal to update the City of Baldwin Park’s Local Hazard Mitigation Plan. Proposals were due on October 23rd, 2025. The City received proposals from 8 firms (See Table Below).

EVALUATION AND SELECTION OF CONSULTANT
The proposals were evaluated by a team comprised of 4 City staff members (two from Community Development, one from Police and one from Public Works). The proposals were evaluated for completeness; relevant experience; qualifications and experience of key individuals and project team capacity; understanding of the scope of services; and project schedule and cost of services. Based upon the evaluations, the evaluation team unanimously ranked Constant and Associates number one. Constant and Associates is a large, multi-disciplinary firm with a wide range of experience in assisting governmental agencies of different ranges in the preparation of Local Hazard Mitigation Plans, such as the City of Artesia, County of San Bernardino and City of Torrance to name a few examples.

Additionally, Constant and Associates is the most cost effective while providing the most comprehensive scope of work in their proposal. In summary, the Constant and Associates team represents the most qualified and best value to update the City’s Local Hazard Mitigation Plan. The results of the evaluations were as follows:

No. Consultant Proposed Cost
1 Constant and Associates $151,008.13
2 Ambipar/Witt O’Brien’s, LLC $131,161.00
3 The Resiliency Initiative $155.058.00
4 Tandem Solutions $60,000.00
5 Jacob Green and Associates $84,900.00
6 MLC and Associates $80,000.00
7 Choleta $148,612.44
8 Dragon Lady Defense $150,000.00

ALTERNATIVES:

The City Council may proceed with Staff's recommendation of award of contract to Constant and Assocaites, or may elect to recommend award of contract to a different qualified consultant.

CEQA REVIEW:

This action is exempt under CEQA under Section 15061.b.3 or "Common Sense Exemption" provision of the

California Public Resources Code, as this item does not constitute as a project under CEQA.

LEGAL REVIEW:

This report has been reviewed and approved by the City Attorney as to legal form and content.

ATTACHMENTS:

1. PSA Template September 2025 Constant and Associates

CITY OF BALDWIN PARK

PROFESSIONAL SERVICES AGREEMENT
_____________________________
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 3 rd day of December, 2025 (“Effective Date”), by and between the CITY OF BALDWIN PARK, a Municipal Corporation (“City”), and Constant and Associates, a Corporation (“Consultant”).

RECITALS
A. City proposes to utilize the services of Consultant as an independent contractor to prepare updates to the City of Baldwin Park’s Local Hazard Mitigation Plan (LHMP) to comply with FEMA requirements.

B. Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated.

C. City and Consultant desire to contract for the specific services described in Exhibit “A” and desire to set forth their rights, duties and liabilities in connection with the services to be performed.

D. No official or employee of City has a financial interest, withi n the provision s of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

NOW, THEREFORE, for and i n consideration of the mutual covenants an d conditions contained herein, the parties hereby agree as follows:

1.0 SERVICES PROVIDED BY CONSULTANT

1.1 Scope of Services . City does hereby retain and Consultant agrees to perform during the term of this Agreement, the tasks, obligations, and services set forth in the Scope of Services attached to and incorporated into this Agreement as Exhibit “A” (“Services”).

1.2 Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement.

1.3 Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the Chief Executive Officer or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:

2 (a) Meet with Consultant to review the quality of the work and resolve the matters of concern;

(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or

(c) Terminate the Agreement as hereinafter set forth.

1.4 Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and State and local laws and ordinances applicable to the services required under this Agreement including all employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment. Consultant warrants that it is not suspended or debarred from doing business with the United States government and can legally be paid from federal funds. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account o f any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement.

1.5 Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medi cal condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status, except as permitted pursuant to section 12940 of the Government Code. Su ch actions shall include, but not be limited to the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.

Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital st atus, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

1.6 Non-Exclusive Agreement . Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

1.7 Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant’s sole cost and expense. All insurance req uirements contained in this Agreement are independently applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.

1.8 Confidentiality. Employees of Consultant in the course of their duties may have

3 access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.

1.9 Right to Utilize Others . City reserves the right to utilize others to perform work similar to the Services provided herein.

2.0. COMPENSATION AND BILLING

2.1 Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit “ B” attached hereto and incorporated herein by reference . Consultant’s total compensation shall not exceed One-Hundred and Fifty -One Thousand and Eight Dollars and Thirteen Cents ($ 151,008.13).

2.2 Additional Services. Consultant shall not receive compensation for any services provided outside the Services in Exhibit “A” unless the Chief Executive Officer or designee, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. Should Consultant perform any additional services which have not been approved, in writing, by the City, Consultant does so at its own risk and costs.

2.3 Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than once a month. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice for undisputed work within forty-five (45) days from the date City receives said invoice . Each invoice shall describe in detail the services performed , the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

2.4 Records and Audits . Consultant shall maintain complete and accurate records with respect to costs incurred under this Agreement. All such records shall be clearly identifiable as relating to this Agreement and shall be maintained in accordance with generally recognized accounting principles. Consultant shall allow a representative of the City (including the California State Auditor if requested by the City pursuant to Government Code § 8546.7) 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 retain and 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. and shall be made available to the City for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after termination of this Agreement.

3.0 TIME OF PERFORMANCE

3.1 Commencement and Completion of Work. Unless otherwise agreed to in writing by the parties, the Services to be performed under this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said Services shall be performed in strict

4 compliance with the Project Schedule approved by City as set forth in Exhibit “C” attached hereto and incorporated herein. The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.

3.2 Excusable Delays . Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.

4.0 TERM AND TERMINATION

4.1 Term. This Agreement shall commence on the Effective Da te and continue for a period of 12 months, ending on December 17, 2026, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. This Agreement may be extended by one (1) additional one (1) year period upon mutual written agreement of both parties.

4.2 Notice of Termination . The City reserves and has the right and privilege of canceling, suspending, or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise b y the City. If the City suspends, terminates, or abandons a portion of this Agreement such suspension, termination, or abandonment shall not make void or invalidate the remainder of this Agreement.

4.3 Termination.

4.3.1 Termination Without Cause. In the event of termination without cause, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant.

4.3.2 Termination for Cause . In the event of termination for cause, Consultant will be liable to City for all costs to cure the deficiencies, and all loss, cost, expense, damage, and liability resulting from such breach and termination. The City is entitled to withhold any payments otherwise owed to Consultant to the extent of such costs, losses, expenses, damages, and liability.

4.4 Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps, and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written

5 authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.

5.0. INSURANCE AND INDEMNIFICATION

5.1 Minimum Scope. Prior to City’s execution of this Agreement and Consultant’s commencement of the Services, Consultant shall secure, submit proof of, and shall thereafter maintain without interruption, until completion of and acceptance by the City of the Services, such workers’ compensation, commercial general and automobile liability insurance, and professional liability insurance as shall protect Consultant, its subconsultants and the Additional Insured’s herein, from any and all claims for damages for professional liability, personal injury, including accidental death, as well as any and all claims for property damage which may arise from or which may concern operations under this Agreement, whether such operations be by or on behalf of Consultant, any subconsultant or anyone directly or indirectly employed by, connected with or acting for or on behalf of any of them.

5.2 Carrier Ratings. All liability insurance shall be issued by an insurance company or companies authorized to transact liability insurance business in the State of California with a policy holder’s rating of A- or higher and a Financial Class of VII or larger.

5.3 Minimum Limits. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement, including any extension thereof, all of the following minimum scope of insurance coverages:

5.3.1 Commercial General Liability Insurance . Broad-form commercial general liability, with coverage at least as broad as the most current version of ISO Commercial General Liability coverage form CG 00 01, in a form at least as broad as ISO form CG 00 01 04 13, and shall include insurance for premises and operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and personal and advertising injury with a policy limit of not less than Two Million Dollars ($2,000,000.00) per occurrence and Four Million Dollars ($4,000,000.00) general aggregate. The aggregate limit, encompassing the above coverage, shall apply separately to this project/location.

If Consul tant maintains broader coverage and/or higher limits than the specified minimum amounts shown above, then the City requires and shall be entitled to the broader coverage for and/or the higher coverage limits maintained by the Consultant. Any available insurance proceeds exceeding the specified minimum limits of insurance and coverage shall be available to the City.

5.3.2 Business Automobile Liability Insurance. Business automobile liability for all owned, hired, leased, and non -owned vehicles at least as broad as the most current version of ISO Business Auto Coverage Form CA 00 01, with a policy limit of not less than Two Million Dollars ($2,000,000.00) combined single limit per accident. If Consultant maintains broader coverage and/or higher limits than the specified minimum amounts shown above, then the City requires and shall be entitled to the broader coverage f or and/or the higher coverage limits maintained by the Consultant. Any available insurance proceeds exceeding the specified minimum limits of insurance and coverage shall be available to the City.

5.3.3 Workers’ Compensation and Employer’s Liability Insurance . Workers’ compensation insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000.00) per accident for any employee or employees of Consultant. Consultant agrees to waive and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, officials, agents, em ployees, and volunteers for

6 losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

By signing this Agreement, the Consultant acknowledges and agrees to the following:

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

The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of this Agreement, complete workers’ compensation insurance, and shall furnish a certificate of insurance to the Project Manager before execution of this Agreement by the City. The City, its officers, officials, agents, employees, and volunteers shall not be responsible for any claims in law or equity occasioned by failure of the Consultant to comply with this Section.

5.3.4 Professional Errors and Omissions (“E&O”) Liability Insurance .

Professional errors and omissions (“E&O”) liability insurance on an occurrence-based policy with policy limits of not less than Two Million Dollars ($2,000,000.00) per occurrence and Three Million Dollars ($3,000,000.00) policy aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. The retroactive date must be shown, and this date must be before the date of the contract or the beginning of con tract work. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract of work. If coverage is canceled or non-renewed, and not replaced with another policy form with a retroactive date prior to the contract effective date, the Consultant must purchase “extended reporting coverage” for a minimum of three (3) years after completion of contract work. A copy of the claims reporting requirements must be submitted to the City for revie w. If Consultant maintains broader coverage and/or higher limits than the specified minimum amounts shown above, then the City requires and shall be entitled to the broader coverage for and/or the higher coverage limits maintained by the Consultant. Any available insurance proceeds exceeding the specified minimum limits of insurance and coverage shall be available to the City.

5.4 Notice of Cancellation and Renewals . The policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to City by certified or registered mail (this obligation may be satisfied in the alternative by requiring such notice to be provided by Consultant’s insurance broker and set forth on its Certificate of Insurance provided to City). Consultant agrees that upon receipt of any notice of cancellation or alteration of the policies, Consultant shall, within five (5) days, procure other p olicies of insurance similar in all respects to the policy or policies to be cancelled or altered. Consultant shall furnish to the City copies of any endorsements that are subsequently issued amending coverage or limits within fourteen (14) days of the am endment. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any cancelled policy or reduction in the required coverage limits, the City may procure such insurance at Consultant’s sole cost and expense.

5.5 Additional Requirements.

5.5.1 Additional Insured. The commercial general liability insurance policy and business automobile liability policy shall be endorsed to contain the following: The City of Baldwin

7 Park, its officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied, or used by the Consultant; and automobiles owned, leased, hired, or borrowed by the Consultant. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance at least as broad as one of the following ISO ongoing operations forms:

CG 20 10 or CG 20 26 or CG 20 33 (not allowed from subcontractors), or CG 20 38; and one of the following ISO completed operations forms: CG 20 37, 2039 (not allowed from subcontractors), or CG 20 40.

5.5.2 Primary, Not Contributory. The Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Baldwin Park, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Baldwin Park shall be excess and not contributing with the insurance provided by this policy.

5.5.3 Reporting Provisions. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Baldwin Park, its officers, officials, agents, employees, and volunteers.

5.5.4 Defense Costs. Defense fees and costs shall not deplete the limits of any insurance provided under this Agreement.

5.5.5 Separate Insureds. The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

5.5.6 Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure the City is an additional insured on insurance required from subcontractors.

5.5.7 Waiver of Subrogation . C onsultant agrees to waive, and to obtain endorsements from insurers waiving, subrogation rights against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their insurance policies.

5.5.8 Standard Occurrence. Coverage shall be on a standard occurrence form.

Claims-made forms are not acceptable. Modified, limited, or restricted occurrence forms are not acceptable.

5.5.9 Combination of Insurances is Acceptable. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

5.5.10 Deductibles Exceeding $25K. Any deductible or self-insured retention shall be shown on the certificate of insurance. If the deductible or self -insured retention exceeds $25,000.00, it shall be approved in advance by City. Consultant is responsible for any deductible or self -insured retention and shall fund it upon City written request, regardless of whether Consultant has a claim against the insurance or is named as a party in any action involving City.

8 5.6 Non-limiting. Consultant’s maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Consultant or its subconsultants to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.

5.7 Certificates of Insurance, Additional Insured Endorsements and Deductibles. Prior to execution of the Agreement, and thereafter upon City’s request, Consultant shall furnish City with original certificates of insurance and additional insured endorsements setting forth evidence of all insurance coverage required by this Article. Each certificate and endorsement shall be signed by a person authorized by that insurer to bind coverage on its behalf. The City shall continue to be an additional insured for completed operations for (1) year after completion of the work.

5.8 Consultant’s Failure to Provide Required Insurance. Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Consultant shall immediately notify City and cease all performance under this Agreement until further directed by the City. In the absen ce of satisfactory insurance coverage, City may, at its discretion and sole option: (a) procure insurance with collection rights for premiums, attorneys’ fees and costs against Consultant by way of set-off or recoupment from sums due Consultant; (b) immediately terminate or suspend Consultant’s performance of the Agreement; (c) pay Consultant’s premiums for renewal of Consultant’s coverage; or (d) self -insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorneys’ fees and costs, being collectible from Consultant, by way of set-off or recoupment from any sums due Consultant. Upon demand, Consultant shall repay City for all sums that City paid to obtain, renew, reinstate, or replace the insurance, or City may offset the cost against any monies that the City may owe Consultant.

5.9 Verification of Coverage. City shall have the right to obtain complete and certified copies of Consultant’s and subconsultants’ insurance policies (including, but not limited to, the declarations page, form list and riders), endorsements or certificates required this Agreement, upon request (including, but not limited to, the declarations page, form list and riders).

5.10 Indemnification and Hold Harmless . Consultant agrees to protect, defend, indemnify, and hold free and harmless the City, its officers, officials, agents, employees, and volunteers, at Consultant’s sole expense, from and against any and all claims, liabilities, demands, actions, expenses, damages, suits or other legal proceedings brought against the City, its officers, officials, agents, employees, and volunteers arising out of or in any way connected with the performance of the Consultant, its employees, and/or authorized subcontractors’ wor k undertaken pursuant to this Agreement including all acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of the Consultant, its employees and/or subcontractors. The defense obligation provided for hereunder shall apply whenever any claim, action, complaint or suit asserts liability against the City, its officers, officials, agents, employees, and volunteers based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable, and whether or not there is any evidence of fault or wrongdoing by the Consultant, its employees and/or its subcontractors. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. T his provision shall supersede and

9 replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.

6.0. GENERAL PROVISIONS

6.1 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.

6.2 Representatives. The Chief Executive Officer or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives, and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives , and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.

6.3 Priority of Documents . The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.

6.4 Notices. Any notices, documents, correspondence , or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envel ope, postage prepaid, and deposited in the United States Postal Service . Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

IF TO CONSULTANT: IF TO CITY:

Constant and Associates
21250 Hawthorne Blvd, Ste 400
Torrance, CA 90503
City of Baldwin Park
14403 Pacific Ave
Baldwin Park, CA 91706
Tel: 800-745-3057 Tel: 626-960-4011
Email: _________________ Email: _________________
Attn: _________________ Attn: _________________

6.5 Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

6.6 Governing Law and Venue. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to

10 conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California. Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.

6.7 Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet, or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting, or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.

6.8 Independent Contractor . Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.

Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business li censes, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

6.10 PERS Eligibility Indemnification . In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, State, or Federal policy, rule, regulation, law , or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for emp loyer contribution and/or employee contributions for PERS benefits.

6.11 Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.

11 6.12 Ownership of Documents . All Documents including computer assisted drawing files shall be and remain the sole property of the City . 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 ot herwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents). Consultant shall require all subcontractors to agree in writing that City is granted a non -exclusive and perpetual license for any Documents the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents. City shall not be limited in any way in its use of the Documents at any time, provid ed that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. All Documents, including but not limited to, computer assisted drawing files, shall be and remain the sole property of City. Consultant agrees that any such Documents shall not be made available to any individual or organization without the prior consent of City, but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Consultant or Consultant’s agents shall execute such documents as may be necessary from time to time to confirm City’s ownership of the copyright in such documents.

6.13 Public Records Act Disclosure . Consultant has been advised and is aware that this Agreement and all reports, documents, information, and data, including, but not limited to, computer tapes, discs, or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 7920.000 et seq.). Exceptions to public disclosure may be thos e documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 7924.510, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.

6.14 Conflict of Interest . Consultant and its officers, employees, associates , and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090.

During the term of this Agreement, Consultant and its officers, employees, associates , and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates, or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant’s duties and services under this Agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or a dditional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project.

Consultant’s participation in the planning, discussions, or drawing of project pla ns or specifications shall be limited to conceptual, preliminary, or initial plans or specifications.

Consultant shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project, if any, h ave access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Consultant

12 pursuant to this Agreement.

6.15 Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates, and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.

6.16 Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect. Notwithstanding the above, this provision shall not apply to any publicly advertised position to which an employee, without enticement or promises by Consultant, applies.

6.17 Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable:

This Agreement, the City’s Request for Proposals, the Consultant’s Proposal.

6.18 Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

6.19 No Third-Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

6.20 Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

6.21 Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

6.22 Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

6.23 Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy

13 in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

6.24 Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

6.25 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

6.26 Corporate Authority . The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

Signatures on the following page.

14 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

CONSULTANT:

By:__________________________________ Date: __________________________ Name:

Title:

By:__________________________________ Date: __________________________ Name:

Title:

CITY OF BALDWIN PARK,
a municipal corporation

By:__________________________________ Date: __________________________ Alejandra Avila
Mayor

Attested to:

By:________________________________
Christopher Saenz
City Clerk

Approved as to form:

By:________________________________
Christian Bettenhausen
City Attorney

EXHIBIT “A”

SCOPE OF SERVICES

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Local Hazard Mitigation Plan Preparation Services
Response to Request for Proposal

CONFIDENTIAL 6

Approach to Scope of Services
CONSTANT describes our approach, progressing through FEMA’s elements A- H per the Local Mitigation Planning Policy Guide. In the Appendix, we crosswalk FEMA’s elements against the City’s desired phases 1-7.

Project Management
Our staff will u se a project management approach that emphasizes applying knowledge, skills, tools, and best practices to exceed customer expectations.

Project Management Tools and Communication Mechanisms
Table 1. CONSTANT will leverage project communication and management tools.

CONSTANT will facilitate the LHMP process through FEMA’s Elements A-H. We will engage Cal OES’s Hazard Mitigation Planning Division to vet planning concepts to expedite plan approval, setting up a shared folder and ask ing questions to learn more about their expectations as we begin the project. This sets us up for successful LHMP review where we have validated our approach during planning.

Element A: Planning Process
This task includes dev eloping a process for crafting the LHMP according to FEMA’s Local Mitigation Planning Policy Guide and the Plan Review Tool (PRT), establishing the Project Management Team and the Hazard Mitigation Planning Committee (HMPC), conducting HMPC meetings, documenting the planning process, and executing the Public Outreach Strategy.

Tool/Method Description
Project Management Plan
(PMP)
• The PMP will serve as a “road map,” capturing all project elements end-to-end.

Quality Assurance Quality
Control (QAQC) Plan
• The QAQC Plan will be implemented at the deliverable level to address technical requirements, professional quality, and data management.

Microsoft SharePoint and
Teams
• SharePoint serves as a communications tool and document share.

We also use Planner to track tasks.

Unanet • Unanet tracks timekeeping, expenses, and budgets. Team members complete daily timesheets.

Bi-Weekly Project Meetings • CONSTANT will meet every other week with the City PM to maintain communication and ensure schedule, cost, and program goals are achieved.

Monthly Status Reports • Monthly status reports will summarize accomplishments, risks, and needs.

Meeting Minutes • CONSTANT will distribute minutes and action items within three (3) business days of each formal event.

Project Calendar • The calendar within the PMP will include meeting dates, deliverable due dates, and target reviewers.

Internal Meetings • We will meet internally to manage deliverables.

Secure Client Approval • The City PM will approve documentation prior to distribution.

Closeout Report • A report will summarize the project and next steps.

City of Baldwin Park
Local Hazard Mitigation Plan Preparation Services
Response to Request for Proposal

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Organize Personnel Resources
The planning process requires consistent communication and coordination between the City and CONSTANT, oversight from the HMPC, and engagement with stakeholders and the public. Below, we identify how the Project Management Teams, HMPC, and community will participate in the LHMP process.

Table 2. Our approach engages a diverse team of stakeholders.

Role of Baldwin Park’s LHMP Stakeholders
CONSTANT/City Project Management Teams

Composition: CONSTANT’s Executive Sponsor, PM,
and Deputy PM and the City PM.

Role: Guide the planning, implementation, and
tracking of the LHMP process, including defining
scope, determining resources, maintaining a
project schedule, and serving as point of
contacts.

Meetings: Project Management Kickoff Meeting
and Bi-Weekly Project Management Meetings.

Responsibilities: Coordinate CONSTANT and
Baldwin Park engagement in the project, facilitate
data collection and document review, and lead
community engagement and LHMP adoption.

HMPC

Composition: Participating City departments
with review and approval responsibilities, County
representatives, stakeholders with assets in the
area, private agencies, neighboring jurisdictions,
community leaders, elected officials, non-profits,
religious institutions, etc., representing a whole
community approach.

Role: Provide guidance, feedback, and local
insights on needs, structures, recent events, and
relationships.

Meetings: Series of HMPC Meetings.

Responsibilities: Participate in the planning
process, attend meetings, provide data, solicit
community input, identify new/proposed
mitigation projects, review LHMP drafts, and
support implementation of projects.

Baldwin Park Community Members

Role: Provide local perspective into community
mitigation priorities and knowledge of the local
population.

Responsibilities: Attend HMPC Meetings and
public outreach meetings, respond to surveys, and
review the LHMP draft.

Non-HMPC City Stakeholders

Role: Participate in the planning process across
Community Lifelines as individuals or groups who
can implement or be affected by mitigation
strategies.

Responsibilities: Participate in the planning
process.

Project Management Kickoff Meeting
The City and CONSTANT Project Management Teams will conduct a virtual Project Kickoff Meeting to confirm that project is underway, seek concurrence on the scope of the Baldwin Park LHMP, present a draft PMP and QAQC Plan, identify key stakeholders for the HMPC, and review the project timeline.

Engaging the HMPC
The HMPC will drive the LHMP development through a series of facilitated meetings. The HMPC will participate in the planning process, provide data, solicit input from their community, provide information on how threats and risks differ across the planning area, identify new/proposed mitigation projects, review LHMP drafts, coordinate formal adoption of the LHMP, and manage the implementation of mitigation projects. Our approach emphasizes early, effective engagement with the HMPC to ensure compliance with FEMA regulations.

CONSTANT will provide thorough documentation for each HMPC Meeting to ensure we

City of Baldwin Park
Local Hazard Mitigation Plan Preparation Services
Response to Request for Proposal

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have the proper documentation related to who led the development of the LHMP at the staff level and who provided information for the LHMP . We recommend the following meetings held in virtual formats:

Table 3. CONSTANT’s meetings will cover the following topics.

CONSTANT will continue to engage the HMPC beyond the HMPC meetings to review sections and drafts of the LHMP and solicit any data or information gaps.

Public Outreach Strategy
CONSTANT has developed Public Outreach Strategy Checklists to simplify the public involvement process and ensure compliance. Successful engagement achieves multiple objectives, including discerning the public’s perception of risk and vulnerability associated with natural hazards and identifying mitigation actions that would be supported. CONSTANT proposes a collaborative engagement approach that both informs and provides platforms for input:

Public participation in HMPC Meetings: Per the Ralph M. Brown Act, the public must be invited to attend HMPC Meetings. Virtual attendance options will be provided via links, and we will work with the City to notify community centers to allow them to facilitate participation for those lacking internet.

Public outreach meetings: CONSTANT will host up to five (5) in -person public outreach meetings. The first three (3) meetings will be used to introduce the public to the LHMP, educate the public on the LHMP process, and identify community concerns . They will be scheduled alongside City -sponsored community events. T he final two (2) public meetings will be used to review the draft LHMP and will consist of presentations delivered to the Planning Commission and the City Council. Outreach materials will be translated to Spanish, with additional languages (Vietnamese, Mandarin, Tagalog, etc.) available upon request.

Survey: The survey provides an opportunity for the community to participate in the LHMP HMPC Meeting Schedule
HMPC Kickoff Meeting

• Begin the LHMP process and introduce CONSTANT.
• Establish expectations with the HMPC.
• Request City guidance, reference documents, planning efforts, and points of contact to inform the LHMP.
• Socialize understanding of requirements for outreach. • Identify natural hazards to be assessed by the LHMP.
• Develop mitigation goals.

HMPC Meeting #2 • Solidify and present hazards of prime concern. • Describe a risk assessment for each hazard.
• Define critical facilities and infrastructure for the City.

HMPC Meeting #3 • Approve risk assessment findings.
• Complete capability assessments.
• Identify mitigation goals, actions, and action plan.

HMPC Meeting #4 • Complete project prioritization and risk analysis. • Solidify holistic mitigation strategy.
• Discuss next steps, including the public review period, plan adoption, and submission to Cal OES and FEMA Region IX.

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Local Hazard Mitigation Plan Preparation Services
Response to Request for Proposal

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process. It will be posted on the City website to elicit participation and be designed so to understand the public’s hazard concerns and integrate them within mitigation activities. It will be conducted using SurveyMonkey, and will include multiple-choice and open-ended questions.

Social media and web content: CONSTANT suggests that the City sponsors a webpage to centralize LHMP information. We will develop web content for the website and social media that will include fact sheets, digital forms, public notices, press releases, and links to the survey and public review LHMP.

Print assets: CONSTANT recommends that collateral is printed by the City to promote public participation by those who lack internet access. These materials should be posted in high traffic locations. We recommend that the HMPC works with community organizations to support distribution.

Engaging the Whole Community: CONSTANT will define Whole Community targets within the City, along with identifying traits that render individuals more susceptible to natural hazards. We will use open -source tools, like the Centers for Disease Control and Prevention’s Social Vulnerability Index, and data collected from the HMPC to identify potential barriers to outreach and ways to overcome.

Documenting the Planning Process
Included in the LHMP will be a narrative of actions taken to prepare the plan, outline of HMPC meetings, public outreach log, delineation of participants involved in plan development, and coordination of the LHMP with existing plans.

Element B: Risk Assessment
Following the coordination of the L HMP planning process, the establishment of the HMPC, and initiation of public outreach, CONSTANT will produce a detailed risk assessment. The risk assessment serves as a foundational requirement of the LHMP and includes identifying and developing concise profiles of potential hazards, analyzing each hazard with respect to community assets and potential impacts, and crafting a vulnerability assessment.

Hazard Identification and Profiles
Following review of the prior Baldwin Park LHMP, General Plan, and Municipal Code, the California State HMP, the Los Angeles County HMP, and receipt of data collection tool worksheets, CONSTANT will identify relevant natural hazards to address in the LHMP .

FEMA’s Local Mitigation Planning Policy Guide requires considering the probability of future hazard events and plan impacts to reflect changes in development, and climate change is currently facilitating strengthened frequency and extremity of several hazards. Hazards that are identified will include those originating from natural disasters, climate change, and geologic hazards.

This task will include developing hazard profiles, noting their type, location, extent, previous occurrences, future probability, community vulnerability, and regulatory environment as required by the DMA 2000. We will also include analysis of how hazards will impact community members with access and functional needs (AFN).

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Local Hazard Mitigation Plan Preparation Services
Response to Request for Proposal

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CONSTANT will collaborate with the HMPC to finalize its hazard list, conduct preliminary hazard prioritization, and begin development of the risk assessment. CONSTANT will use current or recent risk assessments as the baselines to describe each hazard. This includes:
• Considering concise descriptions of natural hazards, including their location, extent, previous occurrence, and probability of future events. • Ensuring impacts from climate change are represented. This includes describing the impact of natural hazards on the community and critical facilities due to climate change. This is a requirement of California SB 379.
• Leveraging the National Risk Index to construct a risk prioritization matrix to evaluate risks. It provides a composite score for hazards and individual scores based on Expected Loss, Social Vulnerability, and Community Resilience.

Asset Inventory
The asset inventory will describe types and numbers of critical facilities, people, structures, systems, natural , historic, and cultural resources, and activities that have value to the community within the identified hazard areas. Changes in land use, types of development, and population growth and their subsequent implications for vulnerable areas and high-risk populations will also be detailed.

The result will be a parcel-level inventory of vulnerable structures and asset components.

CONSTANT will reference Baldwin Park’s General Plan, census data, existing reports, comprehensive plans, local flood maps, and Geographic Information System (GIS) data to gather an inventory of the types and numbers of buildings, infrastructure, and critical facilities, inclusive of comprehensive information such as the allowable occupancy, earthquake building type, square footage, and more . We will also conduct up to 10 individual or small group interviews to ensure that this inventory is accurate.

Hazard Mapping
Preparation of the hazard profiles and asset inventory will support GIS maps of relevant hazards and analysis to determine areas of potential vulnerability. CONSTANT’s GIS team will create a base map and a set of hazard maps based on available hazard data and infrastructure inventories from Los Angeles County, the City’s General Plan, FEMA, USGS, local organizations, conservancies, the Red Cross, the Salvation Army, and other sources to display hazard identification data and assets , including public buildings, critical facilities, parcels, structures, land use, and populations.

Vulnerability Assessment
The Vulnerability Assessment includes analyzing each hazard with respect to the potential location of impact, magnitude/extent, previous occurrences, future probability, vulnerability of parts of the community, and potential consequences.

CONSTANT will use an HMPC Meeting to present the findings from the assessment and commence the hazard mitigation goals and mitigation strategy processes.

CONSTANT will develop a V ulnerability Assessment for each of the hazards identified .

CONSTANT will utilize structure, land, population, residential building, critical facilities, infrastructure, and scientific data previously gathered during the Asset Inventory to summarize Baldwin Park’s vulnerability to hazards including:

City of Baldwin Park
Local Hazard Mitigation Plan Preparation Services
Response to Request for Proposal

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• Delineation of types and numbers of critical facilities and infrastructure within hazard areas that are subject to potential losses or damage. Changes in land use, types of development, and population growth and their subsequent implications on the whole community will also be crafted as available. • Inventory of repetitive flood loss structures, including information on past insurance claims and descriptions of repetitive loss neighborhoods. • Estimates of potential dollar losses from hazards based upon analysis of County/City assessor’s data and other sources with hazard locations and any changes to approach that were utilized to determine these losses.
• Potential impacts on future development based on land use patterns.

The final goal of the Vulnerability Assessment is to develop a summary of the City’s vulnerability to each hazard, the potential impacts, and capabilities for mitigating hazard impacts . CONSTANT will u se structure, land, population, residential building, critical facilities, and scientific data to assess the City’s vulnerability.

A Hazus analysis is not required for City LHMPs, and CONSTANT has leveraged alternative strategies to quantify and model loss estimates for LHMPs crafted for nearby cities Manhattan Beach and Torrance. In absence of a Hazus analysis, CONSTANT can leverage FEMA’s Risk MAP and Cal OES’s MyHazards alongside available datasets, County and City Assessor datasets, and HMPC- provided information to quantify risk information. We recommend this approach for the City of Baldwin Park but have also provided optional pricing for a Level 2 Hazus analysis for flood and earthquake.

Element C: Mitigation Strategy
CONSTANT will craft a blueprint that details hazard mitigation actions, goals, and strategies. The Mitigation Strategy will seek to reduce the risks detailed by the Vulnerability Assessment in Element B. As Baldwin Park invests in this plan, we will use the current conditions analyzed in Elements A and B to craft mitigation goals and actions and set the pathway for implementation.

Capability Assessment
CONSTANT will conduct a capability assessment of the City’s authorities, policies, programs, and resources. It will lay the foundation for the development of goals and mitigation actions and will measure the City’s capabilities to implement solutions that contribute to the reduction of long-term vulnerabilities to hazards. We will organize these capabilities into local legal and regulatory capabilities, administrative and technical capabilities, financial resources, and education and outreach resources, and we will connect these resources/capabilities to hazard mitigation and the appropriate managing or administrative parties. C apabilities that will be assessed will include protective measures under the National Flood Insurance Program ( NFIP), building codes, zoning ordinances, completed or ongoing mitigation projects, and mitigation policies. CONSTANT has developed a Capabilities Assessment Worksheet that will be distributed to the HMPC.

Establish Hazard Mitigation Goals
CONSTANT proposes to present the final findings from the risk, vulnerability, and

City of Baldwin Park
Local Hazard Mitigation Plan Preparation Services
Response to Request for Proposal

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capabilities assessments and kick -start the hazard mitigation goal selection and mitigation strategy processes during a HMPC Meeting. Prior to this meeting, we will also distribute a request for any known prior hazard mitigation activities to each participating City department or partner and ask that they update the status of the mitigation activities, whether completed, ongoing, removed, or deferred. This is a critical step to consider continuing incomplete mitigation activities and developing new strategies.

Mitigation goals are broad, high-level statements that define the direction of the LHMP.

During the HMPC Meetings , the HMPC will solidify the goals of the Baldwin Park LHMP based on current priorities and recent disasters. This approach will support seamless transitioning into meetings where mitigation strategies and activities will be developed.

Identify and Analyze Mitigation Measures
DMA 2000 requires that hazard mitigation strategies include a section that identifies and analyzes a comprehensive range of mitigation actions and projects being considered to reduce the effects of each hazard, with emphasis on new and existing buildings and infrastructure. This step is the core to developing the LHMP as it sets a roadmap for future implementation. We will develop activities that fall into four (4) broad categories: local plans and regulations; infrastructure projects; systems protection; a nd education, awareness, and outreach programs.

CONSTANT proposes to use HMPC Meetings to develop the Mitigation Action Plan and Strategy. We understand that there must be a mitigation action for each hazard and will coordinate with participants to develop mitigation actions.

Mitigation Action Plan
The Mitigation Plan or “Action Plan” supports implementation by describing how the mitigation activities will be incorporated into existing plans and how the mitigation actions will be prioritized, implemented, funded, and administered. Prioritization must include an emphasis on the extent to which benefits are maximized according to a cost-benefit review of the projects including their associated costs and resources required. CONSTANT will use the Social, Technical, Administrative, Political, Legal, Economic, and Environmental (STAPLE-E) matrix to prioritize mitigation actions.

The Mitigation Action Plan will be prepared as a matrix with an action for each hazard.

We will coordinate with participants to develop actions that identify how each action will be implemented, who is responsible, funding mechanisms, timeframe for implementation, and priorities. Cost estimates will be produced to define comparative cost scales and accordingly prioritize feasible mitigation actions. Actions that do not have funding will be highlighted for attention. The LHMP will also include actions that benefit the Whole Community in accordance with FEMA and Cal OES guidance. Where possible, the LHMP should implement mitigation actions through existing plans and policies that already have support from the community and policy makers.

Evaluating Funding Sources
CONSTANT will identify available grant funding to include in the LHMP alongside expected time frames for availability. We note that grant funding sources are evolving, and we will tailor our approach to funding available at time of project conduct.

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Local Hazard Mitigation Plan Preparation Services
Response to Request for Proposal

CONFIDENTIAL 13

Element D: Plan Maintenance
As mitigation actions are accomplished, hazards evolve, and priorities change, the LHMP must be maintained. FEMA requires that LHMPs contain processes for making the plan an actionable, living, document. We will describe how the City will monitor, implement, and update the LHMP. We recommend an annual review meeting with the HMPC in addition to the five (5) year reviews in accordance with the requirements of the DMA 2000.

We will include a checklist and implementation plan for mitigation measures describing steps to implement, lead/supporting departments, funding sources, and timeline.

The plan will also include processes for the public to review the plan on a regular basis and will identify any triggers that could constitute a holistic plan update.

Element E: Plan Update
As the LHMP is compiled, we will draft the LHMP to meet all requirements of DMA 2000 and adhere to FEMA’s Local Mitigation Planning Policy Guide and the PRT.

The plan will include changes in development, priorities and progress in local mitigation efforts. We will provide iterative versions of the LHMP, including a public draft.

During this task, we will also integrate the LHMP into other existing City plans.

Integrate Plan Requirements into Existing Planning Mechanisms CONSTANT will craft a crosswalk that details planning mechanism contents, regulatory guidance, plan ownership, and plan commonalities and divergences between the LHMP and other plans. As we draft the LHMP, we will work with the HMPC to identify the process for incorporating the plan’s requirements into other planning mechanisms, cross integrating components to ensure full compliance. We further describe General Plan Safety Element updates in Element H.

Administrative Draft
CONSTANT’s initial draft of the LHMP will be available for review by the City PM, HMPC, and the Area D Disaster Management Area Coordinator. We propose at least a two (2)- week review period and will provide a comment matrix to each stakeholder to ensure comments are addressed. The draft will include an Executive Summary of the development process that will be edited through adoption and final plan approval.

Public Review Draft
Following review of the Administrative Draft, CONSTANT will incorporate comments from the HMPC and prepare a Public Review Draft for the public review and comment period. This will consist of the additional public outreach meetings described in Element A to provide an opportunity for participation and comment. CONSTANT will also facilitate public feedback on the draft LHMP through the City website via a feedback form or accepting email feedback through a designated inbox. This is an important step to ensure community stakeholder involvement in the process and affo rd residents, business owners, elected officials, and others a chance to review the LHMP.

Agency Submission Draft
CONSTANT will make edits based on public feedback and re -complete the PRT, which

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will confirm that all requirements stipulated by FEMA and Cal OES have been completed prior to submission. This draft will first be submitted to Cal OES’s State Hazard Mitigation Officer (SHMO). Once Cal OES’s review is complete, the LHMP will be shepherde d to FEMA Region IX for their review and approval. While the goal is to create a n LHMP that proceeds through the review process with no comments, it is possible that Cal OES or FEMA will provide observations that require draft modifications. CONSTANT will address concerns to advance the L HMP until FEMA approves the plan. We will review all FEMA “Required Revisions” comments and perform “Required” tasks to finalize the LHMP within a Final Plan for adoption by the Baldwin Park City Council.

Element F: Plan Adoption
Baldwin Park’s City Council must adopt the final LHMP before FEMA considers it to be an approved plan. After adjudicating comments from the public review period, CONSTANT will develop a Final Draft Plan for the HMPC to present for adoption. There are two (2) options that can be leveraged for adoption depending on City preferences. Regardless of methodology, CONSTANT will assist the City PM and/or HMPC with an in- person presentation to the City Council and provide a Frequently Asked Questions sheet. The mee ting will be public in accordance with Government Code 65353(a) and 65355. The adoption resolution will be collected as it is completed into the LHMP. Below, we further explain the two (2) options for adoption:
• Early Adoption: Cal OES recommends that jurisdictions calendar the LHMP adoption as a board item once they approve the LHMP and send it for approval to FEMA Region IX. Cal OES has a 99% approval rate by FEMA Region IX once it leaves their hands.
• Adoption following FEMA Review: Once FEMA Region IX issues an “approval pending adoption” notice following its review, CONSTANT can assist Baldwin Park in shepherding the adoption of the plan by the City Council.

Once the LHMP is adopted, CONSTANT will provide digital/editable copies of the Cal OES and FEMA approved LHMP.

Element G: High Hazard Potential Dams
Baldwin Park does not have High Hazard Potential Dams ( HHPDs) within the planning area, so this element is not applicable.

Element H: Additional State Requirements
California-specific requirements like Government Code section 65302, AB 2140, SB 379, SB 1000, SB 1241, AB 747, and AB 162 are incorporated throughout the LHMP development process. California AB 2140 and AB 747 require that jurisdictions adopt the LHMP as part of their General Plan Health and Safety Element to be eligible for enhanced reimbursement from the State. CONSTANT will provide guidance to Baldwin Park on how to gain compliance.

16 EXHIBIT “B”

FEE SCHEDULE

City of Baldwin Park
Local Hazard Mitigation Plan Preparation Services
Response to Request for Proposal

CONFIDENTIAL 15

Cost Proposal
Assumptions
CONSTANT provides a cost breakdown to develop the City’s LHMP. We are confident that our pricing structure reflects the scale of work involved and the value of our expertise. We provide resources that result in a well- organized, compliant, usable, and community informed LHMP. In addition to those detailed in Approach to Scope of Services, assumptions include:
• Payment for this work shall be on a Firm Fixed Price (FFP) basis aligned with a not- to-exceed cost with a monthly deliverable/milestone-based invoicing schedule that aligns with FEMA’s phases.
• The project period of performance will be November 2025 to December 2026. • All check-in meetings and HMPC meetings will be conducted virtually. • CONSTANT will provide in- person representation for the Public Outreach Meetings and City Council adoption.
• We will provide Spanish translation for materials used for public outreach. Should translation for additional languages be required, we can provide a quote. • We include pricing for Level 2 Hazus Analysis for flood and earthquake in our cost proposal but note that there are cost-effective alternatives that can be explored for City LHMPs.

Cost Proposal
CONSTANT provides our cost proposal below, which includes hourly rates for identified team members should additional services be required.

Figure 2. CONSTANT provides a cost proposal to develop Baldwin Park's LHMP.

Executive
Sponsor
Project
Manager
Deputy
Project
Manager
Project
Support
Project
Support
Mona
Bontty
Dan
Smith
Trey
Brooke
Matthew
Rodriguez
Hazus
Consultant
$222.81 $133.26 $117.71 $117.71 $424.00
1 Element A: Planning Process 68 85 85 88 6 332 $49,386.01 2 Element B: Hazard Identification and Risk Assessment 30 45 45 30 50 200 $42,709.25 3 Element C: Mitigation Strategy 18 25 25 20 0 88 $12,639.03 4 Element D: Plan Maintenance 2 4 2 2 0 10 $1,449.50
5 Element E: Plan Update 29 60 60 40 0 189 $26,228.09
6 Element F: Plan Adoption 20 10 10 0 0 40 $6,965.90
7 Element H: Additional State Requirements 5 5 0 0 0 10 $1,780.35 Total Labor: 172 234 227 180 56 869 $141,158.13
Other Direct Costs
Printing $850.00
Travel $5,500.00
Spanish Translation $3,500.00
Total Other Direct Costs: $9,850.00
TOTAL PRICE $151,008.13
City of Baldwin Park Local Hazard Mitigation Plan Preparation Services October 23, 2025
TOTAL

HOURS TOTAL COST
TASKS
No. Description

17 EXHIBIT “C”

SCHEDULE OF PERFORMANCE

City of Baldwin Park
Local Hazard Mitigation Plan Preparation Services
Response to Request for Proposal

1 Project Milestones
CONSTANT details project milestones that encompass an 11-month timeline for preparing the Local Hazard Mitigation Plan (LHMP) , inclusive of California Governor’s Office of Emergency Services (Cal OES) and Federal Emergency Management Agency (FEMA) review timelines. CONSTANT’s timeline assumes a project schedule between December 4, 2025 and November 30, 2026. Final dates for all deliverables will be solidified within the Project Management Plan (PMP), and we will adjust dates in accordance with formal contract execution and project initiation to accommodate the FEMA submission deadline as required. The below project milestones account for project completion and plan adoption before December 2026.

Key milestones will include the following:
• Completion of the Project Management Kickoff Meeting within five (5) business days of contract execution.
• Completion of the Administrative LHMP Draft by May 16, 2026. • Completion of the Public Review LHMP Draft by June 12, 2026. • Completion of the Agency Submission LHMP Draft by July 17, 2026. • Submission of the LHMP to Cal OES by July 24, 2026, initiating the 45-day Cal OES review process.
• Shepherd of the LHMP from Cal OES to FEMA by September 18, 2026, initiating the 45-day FEMA review process.
• Completion of a Proj ect Clo seout Report and Project Closeout Meeting by November 20, 2026.

ITEM NO: 8.

STAFF REPORT

TO: Honorable Mayor and Members of the City Council
FROM: Manuel Carrillo Jr, Chief Executive Officer
PREPARED BY: Christian L. Bettenhausen, City Attorney
DATE: December 3, 2025

SUBJECT: Public Hearing and Ordinance No. 1523: Proposed Extension of Moratorium Upon New, Non-Retail,
Commercial Cannabis Operations

SUMMARY:

Over the last several years, the state of the City’s regulations for commercial (non-retail) cannabis operations as set forth in Baldwin Park Municipal Code (BPMC) Title XI, Chapter 127, “Medical and Adult Use Commercial Cannabis Production” (“Chapter 127”), have proven inefficient and irregular in application, at times resulting in disputes between the City and operators of commercial cannabis activity, up-to and including litigation. Chapter 127 and current disorder in commercial cannabis approvals poses a variety of potential known and unknown adverse impacts to the public health, safety and welfare of the City’s citizens. On November 5, 2025, the City Council adopted Interim Urgency Ordinance No. 1521 (the “Interim Ordinance”) establishing a 45-day moratorium on the submission and processing of applications for non-retail, commercial cannabis projects pending Staff analysis and preparation of new or revised regulatory proposals to govern non-retail, commercial cannabis land uses. Ordinance 1523 proposed now simply extends the moratorium set by the Interim Ordinance as permitted by law.

RECOMMENDED ACTION:

It is recommended that the City Council:

1. Conduct the Public Hearing; and

2. Waive full reading and adopt title only by four-fifths vote Ordinance 1523 entitled: “AN ORDINANCE

OF THE CITY OF BALDWIN PARK, CALIFORNIA, EXTENDING AN URGENCY

ORDINANCE ESTABLISHING A MORATORIUM ON APPROVAL, COMMENCEMENT,

ESTABLISHMENT, OR OPERATION OF ALL COMMERCIAL (NON-RETAIL) CANNABIS

LAND USES, INCLUDING WITHOUT LIMITATION CANNABIS MANUFACTURING, DISTRIBUTION, PROCESSING, DELIVERIES, AND CULTIVATION.”

FISCAL IMPACT:

There is no fiscal impact associated with this item.

BACKGROUND:

The City Council adopted Chapter 127 on August 16, 2017, in order to, among other things, expressly prohibit commercial cannabis activity in all zoning districts in the City of Baldwin Park excepting the City’s Industrial (I) and Industrial-Commercial (I-C) zones; to regulate the size, intensity, and community impacts attributable to commercial cannabis activity; and ensure the City's Municipal Code protects the health and safety of its residents while appropriately regulating commercial cannabis activity. However, administration of commercial cannabis approvals under current Chapter 127 has proven inefficient and irregular in application, at times resulting in disputes between the City and operators of commercial cannabis operations, up-to and including litigation.

To address inefficiencies and irregularities in the City’s regulation of commercial cannabis activity, the City’s Community Development Department and City Attorney are in the process of analyzing substantive revisions to the City's existing zoning and business regulations in Chapter 127. During Staff's ongoing study of alternative commercial cannabis program options, the new creation or expansion of commercial cannabis businesses would create a current and immediate threat to the health, safety, and welfare of the City, its residents and non-cannabis businesses.

Article XI, Section 7 of the California Constitution and Government Code Section 65858 allow cities to adopt temporary moratoriums on an urgency basis to prohibit any uses that may conflict with contemplated or pending changes to the general plan, specific plan, or zoning proposals. On November 5, 2025, the City Council adopted the Interim Ordinance to impose a 45-day moratorium on commercial cannabis applications. Proposed Ordinance 1523 simply extends the effect of the existing moratorium as authorized by Government Code Section 65858.

DISCUSSION:

In the context of commercial cannabis operations, unclear regulations or irregular entitlement programs pose a variety of potential known and unknown adverse impacts, such as offensive odors and gases from commercial scale processing of cannabis products, unsafe or disapproved use of volatile and nonvolatile solvents, excess or dangerous waste, lapses in security resulting in theft, fire, or other crime or dangers related to the storage and commercial distribution of commercial-scale quantities of cannabis. All of these issues, and more, pose a threat to the public health, safety and welfare to the citizens of the City.

Therefore, City Staff is currently studying and analyzing various options for proposing amendments to Chapter 127 in hopes of implementing a commercial cannabis program that is uniform in application, clear, and efficient in administration. While Staff conducts its evaluations, the establishment of new commercial cannabis businesses under the “old” cannabis program would perpetuate the irregularities posed by that program, hence defeating the purpose of Staff’s ongoing efforts to study and adopt new regulations.

For these reasons, the City Council adopted Interim Ordinance 1521 on November 5, 2025, in order to impose a 45-day moratorium placing a temporary hold upon the City’s acceptance of applications for new, non-retail cannabis projects. The purpose of the moratorium is to preserve and promote the public health, safety, and welfare during the time that City Staff analyzes and prepares new or revised regulatory proposals to govern non-retail, commercial cannabis land uses, including providing the City Council with options and recommendations on possible programmatic changes.

Unless extended, the moratorium imposed by Interim Ordinance will expire on December 20, 2025. Pursuant to Government Code Section 65858(a), the moratorium can be extended by 10 months, 15 days (for a total of one year, or November 4, 2026) subsequent to holding a public hearing on the matter. A maximum of two extensions may be applied, of which this is the first. Staff continues to evaluate potential revisions to Chapter 127 and other City permit regulations relating to commercial (non-retail) cannabis operations, which regulatory revisions are comprehensive and thus require more than 45 days. Therefore, Staff recommends an extension of the Interim Ordinance’s moratorium pending their continued analyses and drafting. If adopted, Ordinance1523 would extend the commercial cannabis moratorium to November 4, 2026, or until the City Council enacts an amendment to Chapter 127, its zoning ordinances or other applicable Municipal Code regulations relating to non-retail commercial cannabis, whichever occurs earlier.

The moratorium extension proposed by Ordinance 1523 shall become effective immediately upon adoption if adopted by at least four-fifths vote of the City Council and shall remain in full force and effect until November 4, 2026, or an amendment to Chapter 127, the zoning ordinance or another applicable regulation adopted by City Council, whichever is earlier, unless earlier terminated by the City Council.

ALTERNATIVES:

None.

CEQA REVIEW:

Ordinance 1523 is not subject to California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), Section 15060(c)(3) (the activity is not a project as defined in Section 15378), Section 15061(b)(3) (it will not have a significant impact on the environment) and Section 15308 (actions by regulatory agencies for the protection of the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because the subject ordinance has no potential for resulting in any significant physical change to the environment, either directly or indirectly.

LEGAL REVIEW:

This report has been prepared by the City Attorney.

ATTACHMENTS:

1. Ordinance No. 1523 Extending Cannabis Moratorium

ORDINANCE NO. 1523

AN ORDINANCE OF THE CITY OF BALDWIN PARK, CALIFORNIA,

EXTENDING AN URGENCY ORDINANCE ESTABLISHING A

MORATORIUM ON APPROVAL, COMMENCEMENT,

ESTABLISHMENT, OR OPERATION OF ALL COMMERCIAL (NON-

RETAIL) CANNABIS LAND USES, INCLUDING WITHOUT

LIMITATION CANNABIS MANUFACTURING, DISTRIBUTION,

PROCESSING, DELIVERIES, AND CULTIVATION
WHEREAS, on November 5, 2025, the City Council adopted Interim Urgency Ordinance No. 1521 (“Interim Ordinance”) establishing a 45-day moratorium on the establishment, creation, or expansion of all non-retail commercial cannabis activity in all zoning districts in the City; and
WHEREAS, Baldwin Park Municipal Code (BPMC) Title XI, Chapter 127, “Medical and Adult Use Commercial Cannabis Production” (“Chapter 127”), among other things, expressly prohibits commercial cannabis activity in all zoning districts in the City of Baldwin Park excepting the City’s Industrial (I) and Industrial-Commercial (I-C) zones; regulates the size, intensity, and community impacts attributable to commercial cannabis activity; and ensures the City's Municipal Code protects the health and safety of its residents while appropriately regulating commercial cannabis activity; and WHEREAS, administration of non-retail cannabis approvals under the City’s current regulations in Chapter 127 has proven inefficient and irregular in application, at times resulting in disputes between the City and operators of commercial cannabis activity, up-to and including litigation; and
WHEREAS, the City’s primary objective is the protection of public health, safety, and welfare; and
WHEREAS, City staff is therefore currently considering, studying and analyzing various options for proposing amendments to the City's existing zoning and business regulations to prohibit, permit, or conditionally permit commercial cannabis activity businesses to the end of implementing a commercial cannabis program that is uniform in application, clear, and efficient in administration; and WHEREAS, California Government Code section 65858 authorizes the City Council to adopt, by a four-fifths vote, an extension to the Interim Ordinance for up to ten (10) months and fifteen (15) days.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The Recitals set forth above are hereby adopted as the findings of the City Council in connection with the adoption of this Ordinance and that based on the above Recitals, there is an immediate threat to the public health, safety and welfare. The adoption of this Ordinance is necessary for the immediate protection of the public health, safety and welfare.

SECTION 2. The purpose of this Ordinance is to extend the established moratorium under the Interim Ordinance on the approval or issuance of any new

2 Ordinance 1523

commercial (non-retail) cannabis permits within the City of Baldwin Park for the immediate preservation of the public health, safety and welfare. Based on the findings set forth in the Recitals and incorporated herein in Section 1, if the City were to continue to issue permits for commercial (non-retail) cannabis operations, there would be an immediate threat to the public health, safety and welfare based on the following findings:
a) The present state of Chapter 127 and current disorder in commercial cannabis approvals poses a variety of potential known and unknown adverse impacts, such as offensive odors, gases, and other discharges related to commercial scale processing of cannabis products, unsafe or disapproved use of volatile and nonvolatile solvents intended to be regulated by State regulations, excess or dangerous waste, water, and electricity usage, and theft, fire, or other crime or dangers related to the storage and commercial distribution of commercial-scale quantities of cannabis, all of which pose a threat to the public health, safety and welfare to the citizens of the City.

b) The establishment or creation of such commercial cannabis activity businesses without appropriate regulation might conflict with or be inconsistent with surrounding uses, businesses and intended zoning requirements, and if such new operations are allowed to proceed under current BPMC regulations, commercial cannabis activity could conflict with, and defeat the purpose of, the proposal to study and adopt new regulations, consistent with State law, regarding commercial cannabis activity.

SECTION 3. Interim Ordinance No. 1521 and all terms thereof is hereby extended to November 4, 2026, or until the City enacts an amendment to Chapter 127, zoning ordinances or another applicable regulation adopted by City Council, whichever is earlier.

The issuance of any permit or applicable entitlement for any new or extended commercial (non-retail) cannabis operations shall not be approved or issued during the pendency of this Ordinance or any modification thereof.

SECTION 4. This Ordinance shall become effective immediately upon adoption if adopted by at least four-fifths vote of the City Council and shall remain in full force and effect until November 4, 2026, or an amendment to Chapter 127, the zoning ordinance or another applicable regulation adopted by City Council, whichever is earlier, unless earlier terminated by the City Council.

SECTION 5. The City Council has reviewed the matter and, based upon the facts and information contained in the staff reports, administrative record, and written and oral testimony, hereby finds that this Ordinance is not subject to CEQA pursuant to Sections 15060(c)(2), 15060(c)(3), 15061(b)(3) and/or Section 15308 of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, in that it will not result in a direct or reasonably foreseeable indirect physical change in the environment nor have a significant impact on the environment.

SECTION 6. If any provision of this Ordinance or the application thereof to any person or circumstance is held to be to be unconstitutional or otherwise invalid by a court

3 Ordinance 1523

of competent jurisdiction, such invalidity shall not affect other provisions or applications of this Ordinance which can be implemented without the invalid provision or application and to this end the provisions of this Ordinance are declared to be severable.

SECTION 7. For the term of this Ordinance, or any extension thereof, the provisions of this Ordinance shall govern over any conflicting provisions of any other City code, ordinance resolution or policy.

Passed, approved, and adopted this 3rd day of December 2025.

______________________________

ALEJANDRA AVILA,
MAYOR

ATTEST:

__________________________

CHRISTOPHER SAENZ

CITY CLERK

4 Ordinance 1523

STATE OF CALIFORNIA

COUNTY OF LOS

ANGELES

CITY OF BALDWIN PARK

I, CHRISTOPHER SAENZ, City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. 1523 was introduced at a regular meeting of the City Council held on December 3, 2025 and was adopted by the City Council at its regular meeting held on ________, by the following vote of the Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

_______________________________

CHRISTOPHER SAENZ

CITY CLERK

ITEM NO: 9.

STAFF REPORT

TO: Honorable Mayor and Members of the City Council
FROM: Manuel Carrillo Jr, Chief Executive Officer
PREPARED BY: Shirley Quinones, Chief Deputy City Clerk
DATE: December 3, 2025

SUBJECT: Open Meeting and Teleconference Requirements and Approval of Policy on Distributions to Public Participation During Remote or Hybrid Meetings

SUMMARY:

The City is required by Senate Bill (SB) 707, (Durazo) Open Meetings: Meeting and Teleconference Requirements to adopt a policy on disruptions to telephonic or internet service at a noticed public meeting in open session

RECOMMENDED ACTION:

It is recommended that the City Council approve the Policy on Distributions to Public Participation During Remote or Hybrid Meetings.

FISCAL IMPACT:

There is no fiscal impact associated with this item at this time.

BACKGROUND:

The Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body, as defined, of a local agency be open and public and that all persons be permitted to attend and participate. Senate Bill (SB) 707, (Durazo) Open Meetings: Meeting and Teleconference Requirements would, until January 1, 2030, require a City Council or a County Board of Supervisors to comply with additional meeting requirements, including that all open and public meetings include an opportunity for members of the public to attend either via a two-way telephonic service or a two-way audiovisual platform (hybrid meetings), and a live webcasting of the meeting. Additionally, for all legislative bodies, the bill requires that agendas must be provided in English and any other language spoken by 20 percent or more of the population in the City, especially for those who have difficulty with speaking English.

The bill also requires that the City Council on or before July 1, 2026, approve a “policy regarding disruption of telephonic or internet service occurring during meetings. The policy “shall address the procedures for recessing and reconvening a meeting in the event of disruption and the efforts that the eligible legislative body shall make to attempt to restore the service." If the agency’s phone or internet service fails and the public cannot participate as a result, the meeting must recess, and the agency must “make a good faith attempt to restore the service.” The City Council shall not reconvene the open session of the meeting until at least one hour following the disruption, or until telephonic or internet service is restored, whichever is earlier. In other words, if it takes only five minutes to fix, the meeting can reconvene at the five-minute mark. The legislative body “may meet in closed session during this period. If the service is not fixed by the end of one hour, the meeting may be resumed at that time if the eligible legislative body adopts a finding by rollcall vote that good faith efforts to restore the telephonic or internet service have been made.

DISCUSSION:

None

ALTERNATIVES:

None

CEQA REVIEW:

None

LEGAL REVIEW:

This report has been reviewed and approved by the City Attorney as to legal form and content.

ATTACHMENTS:

1. City of Baldwin Park Policy on Disruptions to Public Participation During Remote or Hybrid Meetings

1. Recess Upon Disruption
If a disruption prevents public participation through two-way telephonic or audiovisual platforms, the legislative or governing body shall recess the open session and make good faith efforts to restore public access and participation.

2. Closed Session During Recess
During the recess, the body may meet in closed session to address matters lawfully permitted under applicable open meeting laws.

3. Reconvening Open Session
The open session may not reconvene until at least one hour has elapsed or public access has been restored, whichever occurs first.

4. Continuing Without Restored Access
If public access cannot be restored after good faith efforts, the body may resume the meeting only after adopting, by roll call vote, formal findings that:
o Good faith efforts were made to restore access; and
o Continuing the meeting is necessary and that the public interest in proceeding outweighs the public’s interest in remote participation.

5. Decorum and Order
In accordance with Chapter 39 of the Baldwin Park Municipal Code, Speakers must address the City Council as a whole and refrain from making impertinent, slanderous, or profane remarks or disrupt the peace of the meeting.

The presiding officer of the meeting may remove a participant from a telephonic or audiovisual platform who are willfully disrupting the meeting.

Individuals not responsible for disturbance of the orderly conduct of the meeting, will be allowed to remain on the telephonic or audiovisual platform of the meeting.

6. Enforcement of Decorum
• Warning. The presiding officer shall request that a person who is participating through telephonic or audiovisual platform and is breaching the rules of decorum be orderly and silent. If, after receiving a warning from the presiding officer, a person persists in disturbing the meeting, the presiding officer shall order him or her, to leave the telephonic or audiovisual platform.
• Removal. If such person does not remove himself or herself, the presiding officer may order IT Department, who is on duty at the meeting remove that person from the telephonic or audiovisual platform.

City of Baldwin Park
Policy on Disruptions to Public Participation During
Remote or Hybrid Meetings