1 City of Laguna Hills
City Council / Planning Agency
Regular Meeting Agenda
Tuesday, February 24, 2026 - 6:00 PM
(Closed Session at 5:00 p.m. when scheduled)
City Council Chamber
24035 El Toro Road
Laguna Hills, CA 92653
Don Caskey
Mayor
Jared Mathis
Mayor Pro Tempore
Erica Pezold
Council Member
Joshua Sweeney
Council Member
Dave Wheeler
Council Member
In Person Public Comments: Any person wishing to address the City Council/Planning Agency on any matter, whether or not it appears on this Agenda, is asked to complete a pink “Request to Speak” form available on the table at the back of the Chamber and submit the form to the City Clerk. The Request to Speak form assists the Mayor in ensuring that all persons wishing to address the City Council are recognized and ensures accurate identification of meeting participants in the City Council/Planning Agency Minutes. Completion of the form is voluntary. It is City policy to limit public testimony to up to three minutes per person, as determined by the Mayor, for Public Comments. If you are commenting on an Agenda item, your comments will be heard at the time that item is scheduled on the Agenda. If you are addressing the City Council on an item not listed on the Agenda, the City Council is prohibited by law from discussing or taking any action on that item.
Submission of Electronic Public Comments: Those wishing to make electronic public comments may submit their comments by email to the City Clerk no later than 2 hours prior to the meeting on Tuesday, February 24, 2026. In the subject line of the email, please state your name and the item number you are commenting on. Any public comment received that does not specify a particular agenda item number will be announced during the general public comment portion of the agenda.
All comments received by the deadline on the date of the meeting will be provided to the City Council and will be provided for public inspection at the meeting. During the applicable agenda item, the City Clerk will announce the name of the sender and subject matter of all electronic comments received by the deadline on Tuesday, February 24, 2026. Email comments will NOT be read by the City Clerk during the meeting. Electronic public comments may only be submitted via email and comments via text and social media (Facebook, X (formerly Twitter), etc.) will not be accepted.
For questions or assistance, please contact the City Clerk’s Office at (949) 707-2635 or via email.
City Council/Planning Agency Regular Meeting Agenda
Tuesday, February 24, 2026
2 General Business Convening at 6:00 PM
Call to Order
Resolution No. 96-04-09-1 established rules of decorum for public meetings held by the City of Laguna Hills. Resolution No. 96-04-09-1 is available on the table at the back of the City Council Chamber.
Invocation: Elder Tom Munson of Christ Community Church Pledge of Allegiance: Council Member Wheeler
Roll Call of City Council Members
1. Presentations and Proclamations
1.1 Laguna Hills High School Student Liaison Report
Recommendation: That the City Council receive a report from Laguna Hills High School Student Liaison Katherine Armstrong.
1.2 American Red Cross Month Proclamation
Recommendation: That the City Council issue a Proclamation declaring March 2026 as "American Red Cross Month" and that Mayor Caskey present the Proclamation to American Red Cross Southern California Orange County Representative Ross Chun.
1.3 2025 Laguna Hills Deputy of the Year
Recommendation: That Mayor Caskey present a Certificate of Recognition to Deputy Dylan Stephenson, 2025 Laguna Hills Deputy of the Year
2. Schedule of Future Events
2.1 Schedule of Future Events
Recommendation: That the Community Services Director announce the upcoming meetings and events.
3. Public Comments
This is the time to address the City Council on any matter not listed on this Agenda that is within the subject matter jurisdiction of the City Council. Public Comments are limited to three minutes per person, as determined by the Mayor.
City Council/Planning Agency Regular Meeting Agenda
Tuesday, February 24, 2026
3 4. Consent Calendar
All matters listed under “CONSENT CALENDAR” are considered to be routine and will be enacted by one motion approving the recommendation listed on the Agenda. There will be no separate discussion unless Members of the City Council or City staff request specific items be removed from the Consent Calendar.
4.1 Waive Reading in Full of all Ordinances and Resolutions on the Agenda Recommendation: That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.
4.2 Approval of Minutes for February 10, 2026, Special Meeting Recommendation: That the City Council approve the City Council/Planning Agency Minutes for the February 10, 2026, Special Meeting.
4.3 Approval of Minutes for February 10, 2026, Regular Meeting Recommendation: That the City Council approve the City Council/Planning Agency Minutes for the February 10, 2026, Regular Meeting.
4.4 Ratification of February 24, 2026 Warrant Register
Recommendation: That the City Council ratify the accompanying Warrant Register for the period from January 30, 2026, to February 12, 2026, in the amount of $1,303,066.31.
4.5 Treasurer's Investment Report for January 2026
Recommendation: That the City Council receive and file the Treasurer's Investment Report for the month of January 2026.
4.6 Award of Professional Services Agreement to Psomas for Paseo de Valencia and Cabot Road Active Transportation Enhancements, CIP 191 Recommendation: That the City Council: 1. Award a Professional Services Agreement to Psomas for Paseo de Valencia and Cabot Road Active Transportation Enhancements in amount of $817,298; and 2. Authorize the City Manager to execute the Agreement.
4.7 Proposed Installation of Parking Space Markings on Via Lomas Recommendation: That the City Council authorize the City Engineer to install painted parallel parking space markings on Via Lomas.
City Council/Planning Agency Regular Meeting Agenda
Tuesday, February 24, 2026
4 4.8 Proposed License Agreements for 24031 El Toro Road, Suites 250A, 250B, 250C, and 250E, Laguna Hills, California
Recommendation: That the City Council: 1. Approve the proposed license agreements for 24031 El Toro Road, Suites 250A, 250B, 250C, and 250E, Laguna Hills, California; and 2. Authorize the City Manager to make minor modifications, as necessary, to the license agreements and to execute the agreements.
4.9 Development Application Status Report
Recommendation: That the City Council receive and file the report.
Items Removed from the Consent Calendar
5. Planning Agency
5.1 Roll Call of Planning Agency Members
5.2 Public Comments
5.3 Approval of Minutes
5.4 Administrative Reports
5.5 Planning Agency Public Hearings
5.5.1 Vesting Tentative Tract Map/Site Development Permit/Precise Plan/Conditional Use Permit/Parking Use Permit No. 0209-2025 (Terravita)
Recommendation: That the Planning Agency:
1. Conduct a public hearing;
2. Find and determine that the proposed project is exempt from the California Environmental Quality Act as an infill development housing project pursuant to Assembly Bill 130 (Public Resources Code Section 21080.66); and
3. Adopt a Resolution entitled: A Resolution of the Planning Agency of the City of Laguna Hills, California, conditionally approving Vesting Tentative Tract Map / Site Development Permit / Precise Plan / Conditional Use Permit / Parking Use Permit No. 0209-2025, a request by John Stack, on behalf of Kingsbarn Capital and Development, LLC, to permit a project that consists of: the subdivision of an existing 18.5-acre parcel located at 23272, 23282, 23332, 24411, and 23422 Mill Creek Drive and 24461 and 24411 Ridge Route Drive (APN 588-161-06, 588-161-07 588-161-08 588- 161-09 588-161-10, 588-161-11, 588-161-12, and 588-161-13);
City Council/Planning Agency Regular Meeting Agenda
Tuesday, February 24, 2026
5 demolition of seven existing office buildings and surface parking and the construction of a new 480-unit residential development consisting of 259 attached single family units, 221 multi-family units, including 24 affordable units for very low income households, waivers of development standards per State Density Bonus Law, and a 6-story, 380- stall parking structure on Lot 4; and finding the Project exempt from the California Environmental Quality Act as an infill development housing project pursuant to Assembly Bill 130 (Public Resources Code section 21080.66).
5.6 Planning Agency Adjournment
6. City Council Public Hearings
7. Administrative Reports
7.1 City Manager
8. Matters Agendized and Presented by City Council Members
9. City Council Member Committee Reports
9.1 Committee Assignment Report
Recommendation: That the City Council receive reports from the City Council Members on the City Council Committee Assignments listed on the staff report.
10. City Council Member Comments
Adjournment
The next Regular Meeting of the City Council/Planning Agency will be March 10, 2026, at 6:00p.m., in the City Council Chamber, located at 24035 El Toro Road, Laguna Hills, California.
CERTIFICATION
I, JENNIFER LEE, City Clerk of the City of Laguna Hills, do hereby certify that a copy of the foregoing Agenda was posted at Laguna Hills City Hall, Laguna Hills Community Center, and Knotty Pine Park by February 20, 2026, at 5:00p.m.
City Council/Planning Agency Regular Meeting Agenda
Tuesday, February 24, 2026
6 It is the intention of the City of Laguna Hills to comply with the Americans with Disabilities Act in all respects. If as an attendee or a participant at this meeting you will need special assistance beyond what is normally provided, the City of Laguna Hills will attempt to accommodate you in every reasonable manner. Please contact the office of the City Clerk at (949) 707-2635. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at 24035 El Toro Road, Laguna Hills, California, during normal business hours. In addition, such writings or documents will be made available for public review on the Agenda and Minutes public portal website and at the respective public meeting.
City Council Members receive no additional compensation or stipend as a result of simultaneously convening meetings of the Laguna Hills Planning Agency.
Item No. 1.2
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: February 24, 2026
To: Mayor and Council Members
From: Kayle McDonald, Deputy City Clerk
Issue: American Red Cross Month Proclamation
Recommendation: That the City Council issue a Proclamation declaring March 2026 as "American Red Cross Month" and that Mayor Caskey present the Proclamation to American Red Cross Southern California Orange County Representative Ross Chun.
Background:
March is annually recognized nationally as "American Red Cross Month." Staff is recommending that the City Council issue the Proclamation to be presented to American Red Cross Orange County Representative Ross Chun at the February 24, 2026, City Council meeting.
Fiscal Impact:
There is no fiscal impact associated with the issuance of the Proclamation.
Attachments:
1. Proclamation- American Red Cross Month March 2026
CITY OF LAGUNA HILLS
PROCLAMATION
AMERICAN RED CROSS MONTH
MARCH2026
WHEREAS, during American Red Cross Month in March, we recognize t compassion of people in Orange County and reaffirm our commitment to care for one another in time of crisis.
WHEREAS, this generous spirit is woven into the fabric of our community and advances the humanitarian legacy of American Red Cross founder Clara Bartonone of the most honored women in our country's history-who nobly dedicated herself to alleviating suffering.
WHEREAS, today, kindhearted individuals in our community exemplify Barton's commitment as they step up through the American Red Cross of Orange County to provide a beacon of hope for out neighbors in need. Through their voluntary and selfless contributions, they make a lifesaving difference in people's darkest hourswhether its delivering shelter, food and comfort during disasters; providing critical blood donati_ons for hospital patients; supporting military families, veterans and caregivers through the unique challenges of service; saving lives with first aid, CPR and other skills; or delivering aid and reconnecting loved ones separated by global crisis.
WHEREAS, we hereby recognize this month of March in honor of all those who lead with their hearts to serve people in need, and we ask everyone to join in this commitment to strengthen our community.
NOW, THEREFORE, I, Don Cas,key, Mayor, on behalf of the City Council of the City of Laguna Hills, California, do hereby proclaim the month of March 2026, as "America1i Red Cross Month" and encourage all residents of Laguna Hills to reach out and support its humanitarian missio'f1.,
Dated this 24th day af February 2026.
DON CASKEY, MAYOR
Item No. 1.3
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: February 24, 2026
To: Mayor and Council Members
From: Bill Burk, Chief of Police Services
Issue: 2025 Laguna Hills Deputy of the Year
Recommendation: That Mayor Caskey present a Certificate of Recognition to Deputy Dylan Stephenson, 2025 Laguna Hills Deputy of the Year
Background:
The Orange County Sheriff’s Department, Laguna Hills Police Services is considered among the best and most professional law enforcement departments in the state. Each year, a Deputy of the Year is selected. This selection is based on exemplary performance, team cohesiveness, and dedication to the community of Laguna Hills.
Deputy of the Year is an honor and a significant accomplishment. Deputy Dylan Stephenson has been chosen as Deputy of the Year for 2025.
Deputy Stephenson was selected as the 2025 Deputy of the Year in recognition of his exceptional performance, dedication, and unwavering commitment to public safety and community service in the City of Laguna Hills. Throughout the year, Deputy Stephenson consistently distinguished himself as a top performer in arrests, proactive enforcement stops, and contraband recovery, making a measurable impact on crime reduction effort s citywide.
Deputy Dylan Stephenson demonstrated outstanding leadership during a highly successful pre–July 4th gang suppression operation, helping ensure a safe and secure community celebration during a high-visibility holiday period. His proactive enforcement strategies played a critical role in deterring criminal activity and maintaining public safety throughout the city.
Item No. 1.3
One of the most important responsibilities within the Orange County Sheriff’s Department is serving as a Field Training Officer. Deputy Stephenson fulfills this role with professionalism and dedication, mentoring new deputies and leading by example through accountability, strong work ethic, and teamwork. His ability to guide and develop new personnel reflects his extensive job knowledge and commitment to the success of the department.
Deputy Stephenson has also been instrumental in the recovery of dozens of stolen ebikes within Laguna Hills. Working closely with our department's regional Direct Enforcement Team, he helped identify offenders, facilitate arrests, and return stolen property to community members. His collaborative efforts strengthened investigative outcomes and reinforced partnerships within the department.
In addition to his enforcement accomplishments, Deputy Stephenson serves as the station’s Behavioral Health Liaison. In this role, he balances proactive policing with compassionate, service-oriented outreach by connecting homeless individuals and those experiencing mental health crises with appropriate resources and support services. His work demonstrates a commitment not only to enforcement but also to long-term community wellbeing.
Deputy Stephenson understands the importance of teamwork and collaboration. His professionalism and reliability make him a valued partner among patrol deputies, investigators, and specialized teams. He consistently steps forward to support department initiatives and community events, always prioritizing the safety and quality of life of Laguna Hills residents.
Professional, proactive, and mission-focused, Deputy Dylan Stephenson embodies the core values of Laguna Hills Police Services. His leadership, dedication, and service make him exceptionally deserving of the 2025 Deputy of the Year honor.
Congratulations to Deputy Dylan Stephenson on this well-earned recognition.
Fiscal Impact:
There is no fiscal impact associated with this item.
Attachments:
1. Certificate of Recognition-Deputy of the Year 2025 Dylan Stephenson
CITY OF LAGUNA HILLS
CERTIFICATE OF RECOGNITION
DYLAN STEPHENSON
Deputy Sheriff
City of Laguna Hills
2025 Deputy of the Year
Orange County Sheriff's Department
WHEREAS, Deputy Dylan Stephenson has faithfully, professionally, and diligently served as a Deputy Sheriff for the City of Laguna Hills since April 2023; and
WHEREAS, Deputy Stephenson has performed in an exemplary manner, expanding his knowledge as a Behavioral Health Liaison, where he balances proactive policing with compassionate, service-oriented outreach by connecting unhoused individuals and those experiencing mental health crises with appropriate resources. He also serves as a Field Training Officer, mentoring new deputies and leading by example through professionalism, accountability, and teamwork.
WHEREAS, Deputy Stephenson ~as fostered a strong partnership between the Orange County Sheriffs Department, the City of Laguna Hills, city staff, our contracted homeless outreach workers and our Community; and WHEREAS, Deputy Stephenson was overwhelmingly selected by his peers and supervisors to be recognized for his dedication to duty by being named the 025 Laguna Hills Deputy of the Year.
NOW, THEREFORE, I,. Donald Caskey, Mayor, on behalf of the City Council of the City of Laguna Hills, California, do hereby recognize, commend, and thank Deputy Dylan Stephenson for his distinguished and dedicated service to the City of Laguna Hills and urge all Laguna Hills citizens to join the City in this expression of our appreciation for his dedication to duty.
Dated this 24th day of February 2026.
DONALDCAS , MAYOR
Item No. 2.1
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: February 24, 2026
To: Mayor and Council Members
From: Holland Gannon, Community Services Director
Issue: Schedule of Future Events
Recommendation: That the Community Services Director announce the upcoming meetings and events.
Meetings:
City Council/Planning Agency Regular Meetings
Tuesday, March 10th, 6:00 p.m., Laguna Hills Civic Center Council Chamber Tuesday, March 24th, 6:00 p.m., Laguna Hills Civic Center Council Chamber Events, Communication, & Beautification Committee Regular Meeting Monday, March 9th, 10:00 a.m., Laguna Hills Civic Center Admin Conference Room Traffic Commission Regular Meeting
Wednesday, March 18th, 6:00 p.m., Laguna Hills Civic Center Council Chamber Events:
Book to Movie Club
Wednesday, February 4th, 5:30 p.m., Laguna Hills Community Center Heritage Room C Storytime Adventures
Thursday, February 5th, 10:30 a.m., Laguna Hills Community Center Heritage Room A Excursion to Cherry Blossom Festival
Friday, March 13th, 2:00 p.m. – 10:00 p.m., meet at the Laguna Hills Community Center Hoppin’ Hills
Saturday, March 28th, 9:00 a.m. – 11:00 a.m., Laguna Hills Community Center Town Green
Item No. 2.1
Attachments:
1. Event and Activities Flyer(s)
Enjoy the harmony and elegance of traditional Japanese landscapes that features koi ponds, winding paths, stone lanterns, and carefully pruned trees that invite quiet reflection and appreciation of nature. During the Cherry Blossom Festival the garden comes alive with performances, food vendors, and hundreds of blooming cherry trees with sakura petals framing the pathways and water features. Please note: Admission tickets are not included, and additional costs will apply. Participants are encouraged to bring plenty of water, snacks, and a sack lunch—or enjoy meals at nearby eateries. Participants meet at the Laguna Hills Community Center where City staff will provide transportation. Call (949) 707-2680 for more information. No refunds or transfers for this event.
Class# 2109
3/13 2:00PM-10:00PM Sunday
Fee: Resident $20, Non-Resident $25
Like us on at www.facebook.com/lagunahillscc
To register or for more information, please call (949) 707-2680 or visit www.lagunahillsca.gov
1 City of Laguna Hills
City Council
Special Meeting
Minutes
Tuesday, February 10, 2026
Call to Order
The meeting was called to order at 4:00 p.m. by Mayor Caskey.
Roll Call of City Council Members
Present:
Mayor Don Caskey
Mayor Pro Tempore Jared Mathis
Council Member Erica Pezold
Council Member Joshua Sweeney
Council Member Dave Wheeler
Absent:
Announcement of Closed Session Item(s)
A. Conference with Legal Counsel - Anticipated Litigation Pursuant to Government Code Section 54956.9
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9 and paragraph (1) of subdivision (e) of Government Code Section 54956.9: (2 potential cases).
Public Comments
There were no public comments on the closed session item.
Convene into Closed Session
Reconvene
The City Council reconvened in the City Council Chamber at 6:19 p.m.
Closed Session Report
A. Conference with Legal Counsel - Anticipated Litigation Pursuant to Government Code Section 54956.9
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9 and paragraph (1) of subdivision (e) of Government Code Section 54956.9: (2 potential cases).
Mayor Caskey stated that the City Council convened into Closed Session pursuant to the authorities listed on the Agenda with no reportable action.
City Council Special Meeting Minutes
Tuesday, February 10, 2026
Adjournment
There being no further business before the City Council at this session, Mayor Caskey declared the meeting adjourned at 6:20 p.m.
____________________________________
Jennifer Lee, City Clerk
ATTEST:
____________________________________
Don Caskey, Mayor
Approved at meeting of February 24, 2026.
1 City of Laguna Hills
City Council / Planning Agency
Regular Meeting
Minutes
Tuesday, February 10, 2026
General Business Convening at 6:00 PM
Call to Order
The meeting was called to order at 6:20 p.m. by Mayor Caskey.
Invocation: Council Member Sweeney
Pledge of Allegiance: Council Member Sweeney
Roll Call of City Council Members
Present:
Mayor Don Caskey
Mayor Pro Tempore Jared Mathis
Council Member Erica Pezold
Council Member Joshua Sweeney
Council Member Dave Wheeler
Absent:
1. Presentations and Proclamations
1.1 Appointment of Laguna Hills High School Student Liaisons Katherine Armstrong and Peyton Edberg
Mayor Pro Tempore Mathis presented Certificates of Appointment to Laguna Hills High School Student Liaisons, Katherine Armstrong and Peyton Edberg.
1.2 Laguna Hills High School Student Liaison Report
The City Council received a report from Laguna Hills High School Student Liaison Peyton Edberg.
2. Schedule of Future Events
2.1 Schedule of Future Events
Community Services Director Gannon announced the upcoming meetings and events.
City Council/Planning Agency Regular Meeting Minutes
Tuesday, February 10, 2026
2 3. Public Comments
The following individual(s) provided public comments on non-agendized items:
Katherine Armstrong, District Intern, Supervisor Katrina Foley's Office Curtis Van Buskirk
Danny MacNar
4. Consent Calendar
A motion to approve the Consent Calendar was moved by Mayor Pro Tempore Mathis, seconded by Council Member Sweeney.
Roll Call Vote Result: Passed
Yes 5, No 0, Abstained 0
Ayes: Mayor Caskey, Mayor Pro Tempore Mathis, Council Member Pezold, Council Member Sweeney, Council Member Wheeler
Nays: None
Abstain: None
4.1 Waive Reading in Full of all Ordinances and Resolutions on the Agenda Recommendation: That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.
4.2 Approval of Minutes for January 27, 2026, Regular Meeting Recommendation: That the City Council approve the City Council/Planning Agency Minutes for the January 27, 2026, Regular Meeting.
4.3 Ratification of February 10, 2026 Warrant Register
Recommendation: That the City Council ratify the accompanying Warrant Register for the period from January 16, 2026, to January 29, 2026, in the amount of $954,423.41.
Items Removed from the Consent Calendar
There were no items removed from the Consent Calendar.
5. Planning Agency
Mayor Caskey recessed the City Council Meeting, and acting in capacity as Chair, called the Regular Meeting of the Planning Agency of the City of Laguna Hills, California, to order at 6:52 p.m.
City Council/Planning Agency Regular Meeting Minutes
Tuesday, February 10, 2026
3 5.1 Roll Call of Planning Agency Members
Present:
Chair Don Caskey
Vice Chair Jared Mathis
Agency Member Erica Pezold
Agency Member Joshua Sweeney
Agency Member Dave Wheeler
Absent:
5.2 Public Comments
There were no public comments for the Planning Agency on non-agendized items.
5.3 Approval of Minutes
The Planning Agency Minutes are approved by the City Council.
5.4 Administrative Reports
There were no Planning Agency administrative reports.
5.5 Planning Agency Public Hearings
5.5.1 Vesting Tentative Tract Map (VTTM)/Site Development Permit (SDP) No. USE-0211-2025 (23161 Mill Creek Drive/Toll Brothers/Khoshbin) Recommendation: That the Planning Agency:
1. Conduct a public hearing;
2. Find and determine that the proposed Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to the Class 32 Exemption applicable to infill development projects (14 Cal.Code.Regs. Section 15332); and
3. Adopt a Resolution entitled: “A Resolution of the Planning Agency of the City of Laguna Hills, California, approving Vesting Tentative Tract Map (VTTM)/Site Development Permit (SDP) No. USE-0211-2025, a request by Toll West Coast, LLC (Toll Brothers) for approval of a 36-unit residential development on an approximately 2.44 acre parcel located at 23161 Mill Creek Drive (APN 588-142-07), and finding that the project is Categorically Exempt from the California Environmental Quality Act pursuant to the Class 32 exemption applicable to infill development projects (14 Cal. Code. Regs. Section 15332).”
City Council/Planning Agency Regular Meeting Minutes
Tuesday, February 10, 2026
4 Contract Assistant Planner Blumenthal reviewed the information provided in the staff report, provided a visual presentation, and responded to Agency Member requests for additional information.
Community Development Director Lowe responded to Agency Member requests for additional information.
Assistant City Attorney Eggart responded to Agency Member requests for additional information.
Chair Caskey opened the public hearing.
Project applicant Eric Everhart, Senior Land Entitlement Manager, Toll Brothers, provided a visual presentation, responded to Agency Member requests for additional information and agreed to abide by the proposed conditions of approval on the project.
Project applicant, Aylene Chu, P.E., Director of Land Entitlements, Toll Brothers, responded to Agency Member requests for additional information.
The following individuals submitted an electronic public comment on Item No.
5.5.1 that was received, forwarded to the Planning Agency prior to the meeting, posted on the City's website, and announced into the record by Deputy City Clerk McDonald:
Ana Gromis on behalf of Building Industry Association (BIA) of Southern California, Inc.
James Llyod on behalf of California Housing Defense Fund (CalHDF) The following individual(s) provided public comments on Item No. 5.5.1.:
Cathy Udovch
Project Applicant, Eric Everhart, Senior Land Entitlement Manager, Toll Brothers, provided final remarks.
Chair Caskey closed the public hearing.
A motion to approve staff's recommendation was moved by Agency Member Sweeney, seconded by Vice Chair Mathis.
Vote Result: Passed
Yes 4, No 1, Abstained 0
Ayes: Chair Caskey, Vice Chair Mathis, Agency Member Pezold, Agency Member Sweeney
Nays: Agency Member Wheeler
Abstain: None
City Council/Planning Agency Regular Meeting Minutes
Tuesday, February 10, 2026
5 5.6 Planning Agency Adjournment
Chair Caskey adjourned the Planning Agency Meeting at 8:14 p.m. and convened the Public Improvement Corporation (PIC) Meeting.
Mayor Caskey reconvened the City Council meeting at 8:17 p.m. All City Council Members were present in Chamber.
6. City Council Public Hearings
There were no City Council public hearings.
7. Administrative Reports
7.1 City Manager
The City Manager provided no administrative reports.
7.2 Community Services Director
7.2.1 2026 4th of July Fireworks Display
Recommendation: That the City Council:
1. Review proposed options and select and approve either Option 1, Option 2, or Option 3;
2. Direct the City Attorney’s office to draft an Amendment No. 1 to the previously approved 2026 4th of July Celebration Fireworks Display Agreement with Garden State Fireworks, Inc. (GSF), reflecting the Council-selected option and any other changes to the Scope of Work;
3. Authorize the City Manager to approve and execute the Amendment;
4. Authorize and direct the Finance Director to amend the budget, accordingly; and
5. Discuss and provide direction for the firework display soundtrack.
Community Services Director Gannon reviewed the information provided in the staff report and responded to Council Member requests for additional information.
City Manager Wingenroth responded to Council Member requests for additional information.
City Council/Planning Agency Regular Meeting Minutes
Tuesday, February 10, 2026
6 A motion to approve staff's recommendation with Option 3 was moved by Mayor Pro Tempore Mathis, seconded by Council Member Wheeler.
Vote Result: Passed
Yes 5, No 0, Abstained 0
Ayes: Mayor Caskey, Mayor Pro Tempore Mathis, Council
Member Pezold, Council Member Sweeney, Council
Member Wheeler
Nays: None
Abstain: None
7.2.2 2026-2028 Half Marathon, 5k and 10k Honoring USMC Dark Horse Battalion Medal Series
Recommendation: That the City Council discuss and provide direction for the 2026-2028 Half Marathon, 5k and 10k Honoring USMC Dark Horse Battalion Medal Series design.
Community Services Director Gannon reviewed the information provided in the staff report and responded to Council Member requests for additional information.
The City Council provided direction to staff.
8. Matters Agendized and Presented by City Council Members There were no matters agendized by City Council Members.
9. City Council Member Committee Reports
9.1 Committee Assignment Report
There were no reports from City Council Members on City Council Committee Assignments.
10. City Council Member Comments
Council Member Wheeler
Council Member Wheeler requested a discussion regarding a request from Carl Heft, OC Business Council, on the adoption of a resolution against human trafficking and received a second from Council Member Pezold.
Council Member Wheeler expressed his desire to have a discussion amongst the City Council regarding confidential sales tax information and his frustration that the Brown Act prevents it.
City Council/Planning Agency Regular Meeting Minutes
Tuesday, February 10, 2026
7 Council Member Pezold
Council Member Pezold highlighted the Laguna Hills Little League and their efforts in the community.
Adjournment
There being no further business before the City Council at this session, Mayor Caskey declared the meeting adjourned at 8:52 pm
____________________________________
Jennifer Lee, City Clerk
ATTEST:
____________________________________
Don Caskey, Mayor
Approved at meeting of February 24, 2026.
Item No. 4.4
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: February 24, 2026
To: Mayor and Council Members
From: Eric Hendrickson, Finance Director
Issue: Ratification of February 24, 2026 Warrant Register Recommendation: That the City Council ratify the accompanying Warrant Register for the period from January 30, 2026, to February 12, 2026, in the amount of $1,303,066.31.
Background:
The City issues accounts payable disbursements on a regular basis and presents it to the City Council for ratification at its next regularly scheduled City Council Meeting. The attached Warrant Register containing checks and electronic funds transfers for the period from January 30, 2026, to February 12, 2026, is being presented for ratification by the City Council. Payments have been reviewed and approved by the appropriate departmental staff. The Finance Director certifies to the accuracy of the attached register and to the availability of monies for payment thereof.
Fiscal Impact:
Ratification of the accompanying Warrant Register includes disbursements totaling $1,303,066.31.
Attachments:
1. Warrant Register - February 24, 2026
2. Payables Detail Report - February 24, 2026
2/12/2026 5:48:18 PM Page 1 of 3
Total Regular: 278,242.44
6225 T-2712 TOTAL SOURCE OFFICEWORKS 02/12/2026 1,184.44 6226 V-2251 VIZUAL SYMPHONY, INC. 02/12/2026 960.00
6223 S-2332 SANTA MARGARITA PLUMBING AND AIR 02/12/2026 1,335.00 6224 S-2308 SPECTRUM SPORTS MANAGEMENT, INC. 02/12/2026 10,000.00 6221 C-1003 ORANGE COUNTY TREASURER-TAX COLLECTOR 02/12/2026 3,127.50 6222 P-1839 PAPER DEPOT 02/12/2026 45.00
6219 O-1617 OCY MANAGEMENT, LLC 02/12/2026 5,115.00
6220 O-1613 ONTARIO REFRIGERATION SERVICE, INC. 02/12/2026 1,211.00 6217 M-1388 MOBILE MINI, INC. 02/12/2026 341.83
6218 M-1606 MTM YEE CORP 02/12/2026 400.00
6215 Z-CS-0520 HANZHEN LIANG 02/12/2026 50.00
6216 J-1071 JCTEES.COM CORPORATION 02/12/2026 1,367.13
6213 C-0324 CITY OF MISSION VIEJO 02/12/2026 86,569.19
6214 C-1190 COUNTY OF ORANGE 02/12/2026 908.00
6211 A-0327 ASSOCIATION OF CA CITIES -OC 02/12/2026 8,250.74 6212 B-0460 BLUETRITON BRANDS INC 02/12/2026 29.66
6209 U-2165 UNDERGROUND SERVICE ALERT OF SO CALIFORNIA 02/05/2026 235.64 6210 A-0392 AQUATICO 02/12/2026 795.00
6207 T-2698 TPX COMMUNICATIONS 02/05/2026 786.86
6208 T-2720 TURBO SPORTS ALLIANCE LLC 02/05/2026 75.60
6205 S-2319 SCA OF CA, LLC 02/05/2026 15,933.99
6206 T-2712 TOTAL SOURCE OFFICEWORKS 02/05/2026 413.00
6203 G-0874 ROBERTA GEIER 02/05/2026 147.00
6204 S-2332 SANTA MARGARITA PLUMBING AND AIR 02/05/2026 3,257.54 6201 Q-1717 QUADIENT FINANCE USA, INC. 02/05/2026 999.03 6202 R-1977 RJ ELECTRIC 02/05/2026 330.00
6199 Z-CD-0542 PARKSIDE INDUSTRIES INC 02/05/2026 690.00 6200 P-1739 PRO LINE GYM FLOORS 02/05/2026 8,450.00
6197 O-1613 ONTARIO REFRIGERATION SERVICE, INC. 02/05/2026 461.00 6198 P-1856 PARADISE DRINKING WATER 02/05/2026 396.65
6195 L-1395 LIVING INTERIORS 02/05/2026 159.00
6196 L-1397 LYONS SECURITY SERVICE, INC. 02/05/2026 187.50 6193 J-1057 JAMEY CLARK, INC. 02/05/2026 864.00
6194 H-0959 JOHN HABASH 02/05/2026 66.50
6191 K-1206 FARROKH MOSHFEGH 02/05/2026 1,295.00
6192 H-0960 HR GREEN PACIFIC, INC. 02/05/2026 19,480.38 6189 D-0561 DOCU-TRUST 02/05/2026 121.30
6190 E-0504 EL TORO WATER DISTRICT 02/05/2026 14,815.95 6187 C-1231 CSG CONSULTANTS, INC 02/05/2026 5,558.50
6188 D-0583 DMS FACILITY SERVICES, LLC 02/05/2026 27,082.00 6185 C-1181 CIVICPLUS, LLC 02/05/2026 34,914.21
6186 C-1122 CROSSTOWN ELECTRICAL AND DATA, INC. 02/05/2026 3,644.70 6183 W-2453 CAROLYN WOJCIECHOWSKI 02/05/2026 483.00
6184 C-1021 CIVIC SOLUTIONS, INC. 02/05/2026 6,303.00
Payment Type: Regular
6182 A-0138 ALL CITY MANAGEMENT, INC. 02/05/2026 9,401.60 Warrant Register - February 24, 2026
City of Laguna Hills, CA By Check Number
Date Range: 01/30/2026 - 02/12/2026
Check Number Vendor Number Vendor Name Payment Date Payment Amount
2/12/2026 5:48:18 PM Page 2 of 3
EFT's 0 0 0.00 0.00
70 48 0.00 1,303,066.31
Voided Checks 0 0 0.00 -
Bank Drafts 3 3 0.00 1,024,823.87
Regular Checks 67 45 0.00 278,242.44
Manual Checks 0 0 0.00 0.00
DFT0003318 H-0966 HIGH LEVEL SECURITY SOLUTIONS, INC. 02/12/2026 7,308.00 Total Bank Draft: 1,024,823.87
Bank Code 1 - General Summary
Payable
Count
Payment
Payment Type Count Discount Payment
Payment Type: Bank Draft
DFT0003314 C-1007 OCSD LAW ENFORCEMENT CONTRACT, OC TREASURER-TAX COLLECTOR 02/05/2026 1,009,219.12 DFT0003317 M-1614 MERIDIAN RAPID DEFENSE GROUP RENTALS LLC 02/06/2026 8,296.75 Warrant Register - February 24, 2026 Date Range: 01/30/2026 - 02/12/2026 Check Number Vendor Number Vendor Name Payment Date Payment Amount
1,303,066.31
2/12/2026 5:48:18 PM Page 3 of 3
Fund Summary
Fund Name Period Amount
998 Pooled Cash & Investments 2/2026 1,303,066.31
EFT's 0 0 0.00 0.00
70 48 0.00 1,303,066.31
Voided Checks 0 0 0.00 0
Bank Drafts 3 3 0.00 1,024,823.87
Regular Checks 67 45 0.00 278,242.44
Manual Checks 0 0 0.00 0.00
Warrant Register - February 24, 2026 Date Range: 01/30/2026 - 02/12/2026 All Bank Codes Check Summary
Payable
Count
Payment
Payment Type Count Discount Payment
Amount
02/05/2026 JAMEY CLARK, INC. 77414 Graffiti Removal, Jan '26 100-355-720500 576.00 2/12/2026 5:49:29 PM Page 1 of 5
02/05/2026 SANTA MARGARITA PLUMBING AND
AIR
76 Faucet Sensor Repair, Jan '26 100-310-645500 1,117.23 02/05/2026 JAMEY CLARK, INC. 77236 Park Repairs, Public Works, Dec '25 100-355-720701 288.00 02/05/2026 RJ ELECTRIC 64521 Electric Repairs, Costeau Park, Jan '26 100-355-720701 330.00 02/05/2026 SANTA MARGARITA PLUMBING AND
AIR
75 Urinal Repair, Jan '26 100-310-645500 875.17
02/05/2026 SANTA MARGARITA PLUMBING AND
AIR
51 Install Shut Off Valve, Suite 230, Jan
'26
100-355-645500 1,265.14
02/05/2026 CSG CONSULTANTS, INC 64367 Professional Svcs, USE-0239-2025, 11/29 - 12/26/25
100-000-223000 5,558.50
02/05/2026 TOTAL SOURCE OFFICEWORKS 40933.1 Operating Supplies, Feb '26 100-195-622000 40.64 02/05/2026 CROSSTOWN ELECTRICAL AND DATA,
INC.
4296-26-001 Traffic Signal Maintenance, Jan '26 100-356-720420 3,644.70 02/05/2026 TOTAL SOURCE OFFICEWORKS 40873 Operating Supplies, Jan '26 100-310-622000 128.38 02/05/2026 TOTAL SOURCE OFFICEWORKS 40933 Operating Supplies, Feb '26 100-195-622000 243.98 02/05/2026 PARADISE DRINKING WATER 374823 Operating Supplies, 1/10/26 - 100-195-622000 194.35 02/05/2026 LYONS SECURITY SERVICE, INC. 40314 Event Security, Permit #4676, 100-310-690501 187.50 02/05/2026 CIVICPLUS, LLC 355169 CivicRec Annual Fees & Maint, 1/18/26 - 6/30/26
100-195-700090 9,337.03
02/05/2026 PARADISE DRINKING WATER 365437 Operating Supplies, 12/24/25 - 100-195-622000 202.30 02/05/2026 CIVICPLUS, LLC 352252 Website Annual Fee, 12/15/25 - 6/30/26
100-195-700090 7,877.19
02/05/2026 CIVICPLUS, LLC 355169 CivicRec Annual Fees & Maint, 7/1/26 - 1/17/27
100-000-140000 11,034.67
02/05/2026 PRO LINE GYM FLOORS 3366 Community Center Wood Flooring Repairs, Jan '26
100-310-645500 8,450.00
02/05/2026 CIVICPLUS, LLC 352252 Website Annual Fee, 7/1/26 - 12/14/26
100-000-140000 6,665.32
02/05/2026 HR GREEN PACIFIC, INC. 198140 Electrical Upgrades, CIP #520, Dec '25 100-000-790600 2,590.00 02/05/2026 UNDERGROUND SERVICE ALERT OF
SO CALIFORNIA
25-262492 State Fee for Regulatory Costs, Jan 100-355-720401 47.19 02/05/2026 TPX COMMUNICATIONS 189008030-0 Communications Expense, 1/23/26 - 2/22/26
100-195-630000 786.86
02/05/2026 HR GREEN PACIFIC, INC. 198137 Public Works Permit Inspections, Dec '25
100-355-700255 9,536.63
02/05/2026 UNDERGROUND SERVICE ALERT OF
SO CALIFORNIA
120260396 Ticket Charges, Jan '26 100-355-720401 188.45 02/05/2026 EL TORO WATER DISTRICT 123125 Water Usage, Public Works, Dec '25 100-355-635000 14,815.95 02/05/2026 CIVIC SOLUTIONS, INC. 107595 Consultant Services, USE-0216-2025, Dec '25
100-000-223000 858.00
02/05/2026 CIVIC SOLUTIONS, INC. 107596 Consultant Services, USE-0209-2025, Dec '25
100-000-223000 2,988.00
02/05/2026 CIVIC SOLUTIONS, INC. 107593 Contract Staffing Services, Dec '25 100-225-720512 156.00 02/05/2026 CIVIC SOLUTIONS, INC. 107594 Consultant Services, USE-0231-2025, Dec '25
100-000-223000 585.00
02/05/2026 FARROKH MOSHFEGH 020226 Karate, Jan '26 100-310-721500 1,295.00 02/05/2026 CIVIC SOLUTIONS, INC. 107592 Consultant Services, USE-0166-2023, Dec '25
100-000-223000 1,716.00
02/05/2026 ROBERTA GEIER 020226 Ballroom Dancing, Jan '26 100-310-721500 147.00 02/05/2026 TURBO SPORTS ALLIANCE LLC 020226 Volleyball, Jan '26 100-310-721500 75.60 02/05/2026 JOHN HABASH 020226 Clogging Instruction, Jan '26 100-310-721500 66.50 02/05/2026 CAROLYN WOJCIECHOWSKI 020226 Line Dancing Instruction, Jan '26 100-310-721500 483.00 Fund: 100 - General Fund
02/05/2026 DOCU-TRUST 0057630 Offsite Data Storage, Feb '26 100-155-700030 121.30 02/05/2026 QUADIENT FINANCE USA, INC. 012726 Postage Replenishment, Jan '26 100-195-623000 999.03 Payables Detail Report
City of Laguna Hills, CA By Fund
Payment Dates 01/30/2026 - 02/12/2026
Payment Date Vendor Name Payable Number Description (Item) Account Number
Amount
2/12/2026 5:49:29 PM Page 2 of 5
02/12/2026 OCY MANAGEMENT, LLC 1406026 Senior Mobility Program, Jan '26 221-310-720000 5,115.00 Fund 221 - Senior Mobility Program Fund Total: 5,115.00 02/05/2026 SCA OF CA, LLC CA25005844 Street Sweeping Services, Jan '26 212-355-720410 15,430.55 Fund 212 - Measure M2 Fund Total: 15,430.55
Fund: 221 - Senior Mobility Program Fund
02/12/2026 COUNTY OF ORANGE SH 73596 Fingerprint ID System Charges, Jan 100-420-720835 908.00 Fund 100 - General Fund Total: 1,275,167.01
Fund: 212 - Measure M2 Fund
02/12/2026 PAPER DEPOT IN22552-8483 Destruction Bin, Jan '26 100-310-622000 45.00 02/12/2026 ORANGE COUNTY TREASURER-TAX
COLLECTOR
JAN 26 Parking Fee Surcharge, Jan '26 100-420-720823 3,127.50 02/12/2026 MOBILE MINI, INC. 9025494429 Storage Rental, Community Center, 1/29/26-2/25/26
100-310-641000 341.83
02/12/2026 ONTARIO REFRIGERATION SERVICE,
INC.
CM48207 Ice Machine Deep Clean, Jan '26 100-310-646000 1,211.00 02/12/2026 HIGH LEVEL SECURITY SOLUTIONS,
INC.
6040 Private Security Patrol, 1/26/26 -
2/8/26
100-420-720850 7,308.00
02/12/2026 SANTA MARGARITA PLUMBING AND
AIR
71 Restroom Repairs, Jan '26 100-310-645500 920.00
02/12/2026 ASSOCIATION OF CA CITIES -OC 4173 ACC-OC Membership, 7/1/26 - 12/31/26
100-000-140000 4,125.37
02/12/2026 ASSOCIATION OF CA CITIES -OC 4173 ACC-OC Membership, 1/1/26 - 6/30/26
100-155-610002 4,125.37
02/12/2026 TOTAL SOURCE OFFICEWORKS 40958 Operating Supplies, Feb '26 100-155-622000 483.96 02/12/2026 TOTAL SOURCE OFFICEWORKS 40958.1 Operating Supplies, Feb '26 100-155-622000 340.45 02/12/2026 TOTAL SOURCE OFFICEWORKS 40957 Operating Supplies, Feb '26 100-195-622000 135.94 02/12/2026 TOTAL SOURCE OFFICEWORKS 40957.1 Operating Supplies, Feb '26 100-195-622000 224.09 02/12/2026 SANTA MARGARITA PLUMBING AND
AIR
26 Gym Restroom Repair, Jan '26 100-310-645500 415.00
02/12/2026 AQUATICO 372-293 Fountains/Water Features
Maintenance, Feb '26
100-310-645500 795.00
02/12/2026 CITY OF MISSION VIEJO 21585 Animal Care Services, Jan - Mar '26 100-420-720401 87,426.00 02/12/2026 CITY OF MISSION VIEJO 21592 Homelessness Outreach, Jan '26 100-310-720302 7,549.85 02/12/2026 SPECTRUM SPORTS MANAGEMENT,
INC.
2026-015 Event Mgmt Services, 1/2 Marathon,
2nd Billing
100-310-695507 10,000.00
02/12/2026 CITY OF MISSION VIEJO 21549 Animal Care Services True Up Adjustment, FY 24/25
100-420-720401 (8,406.66)
02/12/2026 MTM YEE CORP 11853 Advertising-Program Services, Feb '26 100-310-624500 400.00 02/12/2026 VIZUAL SYMPHONY, INC. 14405 Reconfigure Existing Mics, Feb '26 100-195-700090 960.00 02/12/2026 HANZHEN LIANG 100720271 Refund, Sports Membership, R #100047161
100-000-451000 50.00
02/12/2026 JCTEES.COM CORPORATION 10913 Staff Uniforms, Jan '26 100-310-622000 1,367.13 02/06/2026 MERIDIAN RAPID DEFENSE GROUP
RENTALS LLC
INV-R-5858 (2) Barrier Rental, 1/2 Marathon, Final 100-310-695507 8,296.75 02/12/2026 BLUETRITON BRANDS INC 06A8710008221 Operating Supplies, Comm Ctr, 12/25/25 - 1/24/26
100-310-622000 29.66
02/05/2026 DMS FACILITY SERVICES, LLC STL-005160 Landscape Services, Jan '26 100-355-720700 21,012.00 02/05/2026 LIVING INTERIORS T88909 Interior Plantscape Services, Nov '25 100-310-645500 159.00 02/05/2026 DMS FACILITY SERVICES, LLC STL-005081 Landscape Services, Jan '26 100-355-720700 5,920.00 02/05/2026 DMS FACILITY SERVICES, LLC STL-005159 Landscape Services, Jan '26 100-355-720700 150.00 02/05/2026 ALL CITY MANAGEMENT, INC. PS-INV103215 Crossing Guard Services, 1/4/26 - 1/17/26
100-420-720822 9,401.60
02/05/2026 OCSD LAW ENFORCEMENT
CONTRACT, OC TREASURER-TAX
SH 73334 Law Enforcement Services, Feb '26 100-420-720800 1,009,219.12 02/05/2026 SCA OF CA, LLC CA25005844 Street Sweeping Services, Jan '26 100-355-720401 503.44 02/05/2026 ONTARIO REFRIGERATION SERVICE,
INC.
CM48214 HVAC Inspection, Jan '26 100-355-645500 461.00
Payables Detail Report Payment Dates: 01/30/2026 - 02/12/2026 Payment Date Vendor Name Payable Number Description (Item) Account Number 02/05/2026 PARKSIDE INDUSTRIES INC BLDR-0353-2025 BLDR-0353-2025, C&D Refund, REC015788-2025100-000-227001 690.00
Amount
Fund 600 - Capital Improvement Projects Fund Total: -
Grand Total: 1,303,066.31
2/12/2026 5:49:29 PM Page 3 of 5
02/05/2026 HR GREEN PACIFIC, INC. 198141 Curb Ramp Improvement, CIP #170, Dec '25
600-000-490302 (7,353.75)
02/05/2026 HR GREEN PACIFIC, INC. 198141 Curb Ramp Improvement, CIP #170, Dec '25
600-251-950170 7,353.75
Fund: 600 - Capital Improvement Projects Fund
02/05/2026 HR GREEN PACIFIC, INC. 198140 Electrical Upgrades, CIP #520, Dec '25 600-000-490100 (2,590.00) 02/05/2026 HR GREEN PACIFIC, INC. 198140 Electrical Upgrades, CIP #520, Dec '25 600-255-950520 2,590.00 Fund: 302 - CDBG Grant Fund
02/05/2026 HR GREEN PACIFIC, INC. 198141 Curb Ramp Improvement, CIP #170, Dec '25
302-000-790600 7,353.75
Fund 302 - CDBG Grant Fund Total: 7,353.75
Payables Detail Report Payment Dates: 01/30/2026 - 02/12/2026 Payment Date Vendor Name Payable Number Description (Item) Account Number
600-255-950520 Community Center Electrical 2,590.00
Grand Total: 1,303,066.31
2/12/2026 5:49:29 PM Page 4 of 5
600-000-490100 Transfers In from General Fund (2,590.00) 600-000-490302 Transfers In from CDBG Grant (7,353.75)
600-251-950170 Access Ramps 7,353.75
212-355-720410 Street Sweeping 15,430.55
221-310-720000 Contract Services 5,115.00
302-000-790600 Transfers Out to Capital 7,353.75
100-420-720823 Parking Citation Processing 3,127.50
100-420-720835 Fingerprint Identification Services 908.00 100-420-720850 Private Security Patrol 7,308.00
100-420-720401 Animal Care & Shelter Services 79,019.34 100-420-720800 Law Enforcement Contract 1,009,219.12
100-420-720822 Crossing Guard Services 9,401.60
100-355-720700 Landscape Maintenance 27,082.00
100-355-720701 Parks Maintenance & Repairs 618.00
100-356-720420 MOE - Traffic Signal Maintenance 3,644.70 100-355-700255 Improvement Inspections 9,536.63
100-355-720401 Other Public Works Maintenance 739.08
100-355-720500 Graffiti Removal 576.00
100-310-721500 Contract Services - Programs 2,067.10
100-355-635000 Utilities - Water 14,815.95
100-355-645500 Facility Maintenance & Repairs 1,726.14
100-310-690501 Facility Rentals - 187.50
100-310-695507 Marathon 5k 18,296.75
100-310-720302 Contract Services - Homelessness 7,549.85 100-310-641000 Equipment Rentals & Leases 341.83
100-310-645500 Facility Maintenance & Repairs 12,731.40 100-310-646000 Equipment Maintenance & 1,211.00
100-225-720512 Contract Services 156.00
100-310-622000 Operating Supplies 1,570.17
100-310-624500 Printing & Advertising 400.00
100-195-623000 Printing & Mailing 999.03
100-195-630000 Communications 786.86
100-195-700090 IT Contract Services & Support 18,174.22 100-155-622000 Operating Supplies 824.41
100-155-700030 Professional Services - City Clerk 121.30 100-195-622000 Operating Supplies 1,041.30
100-000-451000 Recreation Fees 50.00
100-000-790600 Transfers Out to Capital 2,590.00
100-155-610002 Memberships - ACC-OC 4,125.37
100-000-140000 Prepaid Items 21,825.36
100-000-223000 Plan Application Deposit 11,705.50
100-000-227001 Security Deposit - Waste 690.00
302 - CDBG Grant Fund 7,353.75
600 - Capital Improvement Projects Fund -
Grand Total: 1,303,066.31
Account Summary
Account Number Account Name Payment Amount
Report Summary
Fund Summary
Fund Payment Amount
100 - General Fund 1,275,167.01
212 - Measure M2 Fund 15,430.55
221 - Senior Mobility Program Fund 5,115.00
Payables Detail Report Payment Dates: 01/30/2026 - 02/12/2026
Project Account Summary
Project Account Key Payment Amount
**None** 1,303,066.31
Grand Total: 1,303,066.31
2/12/2026 5:49:29 PM Page 5 of 5
Payables Detail Report Payment Dates: 01/30/2026 - 02/12/2026
Item No. 4.5
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: February 24, 2026
To: Mayor and Council Members
From: Eric Hendrickson, Finance Director
Issue: Treasurer's Investment Report for January 2026
Recommendation: That the City Council receive and file the Treasurer's Investment Report for the month of January 2026.
Background:
The Treasurer’s Investment Report for the month of January 2026 is submitted herewith. The City’s total portfolio as of January 31, 2026, was $29,510,241. The pooled cash portfolio managed by the City Treasurer consisted of cash on hand, demand deposits, State Local Agency Investment Fund (LAIF) and Investment Trust of California (CalTRUST) investments and totaled $29,455,596. Restricted cash and investments totaled $54,644, and is composed of fiscal agent funds for Civic Center property management purposes.
Interest income for the month of January was $94,063. Fiscal Year 2025/2026 year-todate pooled cash interest earnings of $656,986 are 79% of the annual budget of $828,600.
The average yield on the City’s total portfolio for the month of January was 3.84%, compared to the prior month of 3.90%. The slightly declining yield in January, as compared to the past few months, reflects a cautious approach by the Federal Reserve to continue rate cuts given the current status of the economy. The City has budgeted conservatively in its expectation of interest earnings, and has built slight rate reductions into the revenue forecast.
Item No. 4.5
Fiscal Impact:
There is no fiscal impact to receive and file this report.
Attachments:
1. Treasurer's Report January 2026
Pooled Cash & Investments
Current Month
Market Value
Current Month
Book Value
Prior Month
Book Value
Current
Month %
of
Portfolio
Maximum
Policy Limit
Yield to
Maturity for
Month
(Annualized)
BMO Checking & Money Market Accounts $ 7,620,760 $ 7,620,760 $ 6,685,304 26% 50% 3.56% Petty Cash (City Hall) 500 500 500 0% n/a 0.00%
Fiscal Agent Cash - Employee FSA 13,497 13,497 797 0% n/a 0.00% State Local Agency Investment Fund (LAIF) 101,324 101,103 100,045 0% 100% 3.93% Investment Trust of California (CalTRUST) 21,719,736 21,719,736 21,649,516 74% 100% 3.95% 29,455,817 29,455,596 28,436,163 100% 3.85%
Restricted & Designated Cash
Fiscal Agent Cash - Essex Civic Center Mgmt 54,644 54,644 43,771 n/a n/a 0.00% 54,644 54,644 43,771 0.00%
Totals $ 29,510,461 $ 29,510,241 $ 28,479,934 3.84%
For the month of January 2026 $ 94,063
FY 2025-26 to Date 656,986
FY 2025-26 Budget 828,600
Certification:
Eric Hendrickson
Finance Director/Deputy City Treasurer
City of Laguna Hills
Treasurer's Investment Report
January 2026
Pooled Cash & Investment - Interest Earnings
I hereby certify that the above investment report includes all cash and investments of the City and is in conformance with all State laws and the City's investment policy approved by the City Council on October 14, 2025. At the time of the report, there is sufficient liquidity and anticipated revenues available to meet the City's budgeted expenditure requirements for the next six months.
Reconciling items (outstanding checks and deposits in transit):
Pooled Cash & Investments Book Value:
Fund Balance Type
Nonspendable
Assigned
Unassigned
Total
Pooled Cash Report
City of Laguna Hills, CA
For the Period Ending 1/31/2026
BEGINNING
BALANCE
CURRENT
ACTIVITY
CURRENT
BALANCE ACCOUNT # ACCOUNT NAME
CLAIM ON CASH
100-000-101100 Claim on Cash - General Fund 19,484,628.54 739,599.88 20,224,228.42 210-000-101210 Claim on Cash - Gas Tax (HUTA) 1,310,350.77 59,069.04 1,369,419.81 211-000-101211 Claim on Cash - Gas Tax (RMRA) 1,425,875.30 68,545.27 1,494,420.57 212-000-101212 Claim on Cash - Measure M2 211,698.58 53,781.61 265,480.19 214-000-101214 Claim on Cash - AB 2766 138,422.25 - 138,422.25 221-000-101221 Claim on Cash - Senior Mobility Program 300,048.75 (1,386.67) 298,662.08 301-000-101301 Claim on Cash - CARITS Road Fee Program 1,280,608.99 (68,184.23) 1,212,424.76 302-000-101302 Claim on Cash - CDBG Grant - (144,260.00) (144,260.00) 305-000-101305 Claim on Cash - Beverage Recycling 13,994.54 - 13,994.54 306-000-101306 Claim on Cash - Waste & Recycling Fee 70,499.97 (28,463.83) 42,036.14 307-000-101307 Claim on Cash - C&D Forfeited Deposits 436,530.18 - 436,530.18 311-000-101310 Claim on Cash - Quimby Act Park In-Lieu Fee (VALH 1,867,969.24 (74,521.95) 1,793,447.29 312-000-101312 Claim on Cash - CASp Fee 38,133.94 165.60 38,299.54 322-000-101322 Claim on Cash - Water Conservation 396,886.60 - 396,886.60 401-000-101401 Claim on Cash - Public Art 510,253.13 (50,000.00) 460,253.13 421-000-101421 Claim on Cash - SLESF 173,056.53 26,016.82 199,073.35 451-000-101451 Claim on Cash - Liability Self-Insurance 161,300.18 (40,125.35) 121,174.83 452-000-101452 Claim on Cash - Parks Equipment Maintenance 309,213.00 - 309,213.00 454-000-101454 Claim on Cash - Sports Complex Equipment Maint 66,200.46 - 66,200.46 455-000-101455 Claim on Cash - Community Center Equipment Ma 46,761.87 - 46,761.87 23,153,859
29,455,596.00
GENERAL FUND RESERVES (as of most recent audited year end 6/30/2025) 284,567
612,572
22,256,720
643,829.95
456-000-101456 Claim on Cash - Storm Drain / Slope Repair Reserv 29,097.04 - 29,097.04 TOTAL CLAIM ON CASH 28,271,529.86 540,236.19 28,811,766.05
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
February 03, 2026
LAIF Home
PMIA Average Monthly
Yields
CITY OF LAGUNA HILLS
CITY MANAGER
24035 EL TORO ROAD
LAGUNA HILLS, CA 92653
Account Number:
January 2026 Statement
Tran Type Definitions
Effective
Date
Transaction
Date
Tran
Type Confirm
Number
Web
Confirm
Number Authorized Caller Amount
1/15/2026 1/15/2026 QRD 1793353 N/A SYSTEM 1,057.84
Account Summary
Total Deposit: 1,057.84 Beginning Balance: 100,045.32
Total Withdrawal: 0.00 Ending Balance: 101,103.16
2/3/26, 9:12 AM LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1
Corporate Class
Invesco Treasury Portfolio
Short-Term Investments Trust
Data as of January 31, 2026
NOT A DEPOSIT | NOT FDIC-INSURED | NOT GUARANTEED BY THE BANK | MAY LOSE VALUE | NOT INSURED BY ANY FEDERAL GOVERNMENT AGENCY invesco.com CM-FFTSY-2-E 02/26 Invesco Distributors, Inc.
This report must be accompanied or preceded by a currently effective fund prospectus, which contains more complete information, including fees and expenses. Read it carefully before investing.
The fund pursues its objective by investing primarily in short-term, high-credit-quality money market instruments. These instruments are direct obligations of the US Treasury and repurchase agreements backed by Treasury obligations.
Investment Objective
Provide current income consistent with preservation of capital and liquidity.
Permissible Investments
Fund Highlights
n The portfolio management team follows a conservative investment process with respect to minimal credit risk, interest rate risk and liquidity.
n The fund is designed for short- to medium-term cash investments, operating cash, cash sweeps and the liquidity components of investment portfolios.
n The fund aims to preserve capital, maintain liquidity and produce a competitive yield.
Yields (%)
The performance data quoted represents past performance. Past performance does not guarantee future results and current performance may be lower or higher than the performance data quoted above. The investment return and principal value of your investment will fluctuate so that your shares, when redeemed, may be worth more or less than their original cost. You may obtain performance data current to the most recent month-end by visiting invesco.com. The SEC yield listed reflects fee waivers and/or expense reimbursements in effect for the period. Had the Adviser not waived fees and/or reimbursed expenses, your 7-day SEC yield would have been 3.51%. Average annual total returns reflect reinvested distributions, net of expenses for the periods. The 7-day SEC yield more closely reflects the current earnings of the fund than the total returns shown. 30-day simple and simple monthly yield are the sum of
the distribution rates for the number of days in the yield period annualized by 365 and divided by net asset value (NAV).
This does not constitute a recommendation of any
investment strategy or product for a particular investor. Investors should consult a financial professional before making any investment decisions.
Maturity Schedule (%)
3.54 3.41 3.56 3.43
7-Day SEC 30-Day Simple
as of January 31, 2026 Average Annual Total Returns (%) Period (%)
as of January 31, 2026
Inception 1.66
10 Years 2.10
5 Years 3.22
3 Years 4.76
1 Year 4.10
Invesco Treasury Portfolio
iMoneyNet U.S. Treasury & Repo Institutional Category1
Portfolio Composition (%) 3
SEC Investment Category (%)
U.S. Treasury Debt 51.7
U.S. Treasury Repurchase Agreement 48.3
Simple Monthly Yields
Period (%)
as of January 31, 2026
January 2026 3.56
December 3.66
November 3.81
October 3.94
September 4.04
August 4.15
July 4.19
June 4.17
May 4.19
April 5.14
March 4.21
February 2025 4.24
g 1-7
g 8-30
g 31-60
g 61-90
g 91-180
g 181+
Maturity schedule is based on weighted average maturity and is subject to change.
g 42.5
g 10.0
g 7.0
g 7.2
g 10.1
g 23.2
Days to
maturity (%)
NAIC Requirements
National Association of Insurance Commissioners (NAIC)
Meets NAIC requirement of a 0% capital reserve for a
purchase by insurance companies.
Management Team
Laurie Brignac, Joe Madrid, Brandon Maitre, Justin Mandeville, Marques Mercier, Wesley Rager, Jennifer Brown, Ripal Tilara, and Bryn Zinser
All data provided by Invesco unless otherwise stated. 1 iMoneyNet, Inc. is an independent mutual fund performance monitor. The U.S. Treasury & Repo Institutional Category is an unmanaged group of money market funds with similar invest- ment objectives and pricing structures as the Corporate Class of the Invesco Treasury Portfolio. iMoneyNet performance figures represent the category average. An investment cannot be made into the category. 2 A credit rating is an assessment provided by Nationally Recognized Statistical Ratings Organization (NRSRO) of the cred- itworthiness of an issuer with respect to debt obligations, includ- ing specific securities, money market instruments or other debts. Fund ratings are subject to change and are based on sev- eral factors, including an analysis of a portfolio's overall credit quality, market price exposure and management. Fund ratings are provided to indicate the creditworthiness of the underlying holdings in the portfolio and offer a forward-looking opinion about fixed income funds' capacity to maintain stable principal (net asset value). The ratings will generally range from AAA (highest) to D (lowest). For more information on rating method- ologies, please visit the following NRSRO websites: www.standar- dandpoors.com and select "Understanding Ratings" under Rating Resources on the homepage; www.moodys.com and select "Rating Methodologies" under Research and Ratings on the homepage; www.fitchratings.com and select "Ratings Definitions" on the homepage.@FSIA_CashDisclosureLeft: 3 Portfolio composition is subject to change. An investment cate- gory listed with "other" in the name indicates that the underly- ing holdings did not fall into the SEC's more narrowly defined investment categories.
You could lose money by investing in the Fund.
Although the Fund seeks to preserve your
investment at $1.00 per share, it cannot
guarantee it will do so. An investment in the
Fund is not a bank account and is not insured or
guaranteed by the Federal Deposit Insurance
Corporation or any other government agency.
The Fund’s sponsor is not required to reimburse
the Fund for losses, and you should not expect
that the sponsor will provide financial support to
the Fund at any time, including during periods of
market stress.
Fund Information
Inception August 01, 2005
CUSIP 825252570
NASDAQ TYCXX
Total Net Assets $34.33 billion
Reflects all classes of the portfolio.
Weighted Average Maturity (WAM) 38 days
Weighted Average Life (WAL) 110 days
SEC Portfolio Liquidity Requirements (%)
1-day 70.96
7-day 95.54
Ratings²
Standard & Poor's AAAm
Moody's Aaa-mf
Fitch Ratings AAAmmf
January 3.931
December 4.025
November 4.096
October 4.150
September 4.212
August 4.251
PMIA Average Life(1): 244
LAIF Fair Value Factor(1): 1.002181483
PMIA Daily(1): 3.97
PMIA Quarter to Date(1): 4.09
LAIF Apportionment Rate(2): 4.20
LAIF Earnings Ratio(2): 0.00011512010685708
LAIF Administrative Cost(1)*: 0.27
Treasuries
56.48%
Agencies
24.93%
Certificates of
Deposit/Bank Notes
9.22%
Time
Deposits
3.25%
Commercial
Paper
5.38%
Corporate
Bonds
0.58%
Loans
0.16%
Notes: The apportionment rate includes interest earned on the CalPERS Supplemental Pension Payment pursuant to Government Code 20825 (c)(1) .
*The percentage of administrative cost equals the total administrative cost divided by the quarterly interest earnings. The law provides that administrative costs are not to exceed 5% of quarterly EARNINGS of the fund. However, if the 13-week Daily Treasury Bill Rate on the last day of the fiscal year is below 1%, then administrative costs shall not exceed 8% of quarterly EARNINGS of the fund for the subsequent fiscal year.
Source:
(1) State of California, Office of the Treasurer
(2) State of California, Office of the Controller
PMIA Average Monthly
Effective Yields(1)
PMIA/LAIF Performance Report
as of 02/05/26
Daily rates are now available here. View PMIA Daily Rates Quarterly Performance
Quarter Ended 12/31/25
Chart does not include $910,000.00 in mortgages, which equates to 0.001%. Percentages may not total 100% due to rounding.
Pooled Money Investment Account
Monthly Portfolio Composition (1)
12/31/25
$162.6 billion
Item No. 4.6
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: February 24, 2026
To: Mayor and Council Members
From: Joe Ames, Assistant City Manager
Issue: Award of Professional Services Agreement to Psomas for Paseo de Valencia and Cabot Road Active Transportation Enhancements, CIP 191 Recommendation: That the City Council: 1. Award a Professional Services Agreement to Psomas for Paseo de Valencia and Cabot Road Active Transportation Enhancements in amount of $817,298; and 2. Authorize the City Manager to execute the Agreement.
Background:
On October 5, 2023, an application was submitted to the Orange County Transportation Authority's Complete Streets Program for the Paseo de Valencia and Cabot Road Active Transportation Enhancements Project. At the time of application, this project proposed to construct Class IV Bikeways on Paseo de Valencia between Laguna Hills Drive and Cabot Road, and on Cabot Road between Paseo de Valencia and El Paseo. Additional proposed features of the proposed project included new landscaped parkways, landscaped medians, pedestrian crossings, and a "road diet" to reduce both Paseo de Valencia and Cabot Road from a 4-lane arterial highway (2 through lanes in each direction) to a 2-lane collector arterial (1 through lane in each direction).
In March 2024, City staff informed City Council of the award of $4,998,000 from the Orange County Complete Streets Program for the proposed Paseo de Valencia and Cabot Road Active Transportation Enhancements Project. The award was conditioned on the City adopting a Mobility Element amendment to the Laguna Hills General Plan that would reclassify Paseo de Valencia and Cabot Road within the project limits from a 4-lane arterial highway to a 2-lane collector arterial.
Item No. 4.6
Subsequently, City staff held a public workshop to garner feedback from the public on the proposed project. The first public workshop was held on May 14, 2025. At that public workshop, City staff presented "Conceptual Plan #1" and "Conceptual Plan #2." Both concepts showed Paseo de Valencia and Cabot Road within the project limits as being reconfigured into a 2-lane collector arterial with wide landscaped parkways, a Class IV Bikeway, and landscaped medians. The public in attendance overwhelmingly indicated they were in favor of a Class IV Bikeway construction project that included landscaped parkway improvements, although they were opposed to a "road diet" concept that reduced the number of through travel lanes on Paseo de Valencia and Cabot Road.
Because the grant funding was conditioned on the adoption of a Mobility Element reclassifying segments of Paseo de Valencia and Cabot Road, on June 24, 2025, City staff brought the Mobility Element update to City Council for approval. After discussion, City Council directed City staff to conduct a second public workshop that included the presentation of a conceptual plan that preserved 4 lanes on Paseo de Valencia and Cabot Road and to return to City Council in September to revisit the Mobility Element update.
The second public workshop was held on August 19, 2025. City staff presented "Conceptual Plan #3", which preserved a 4-lane arterial highway by constructing a widened, shared sidewalk and Class IV Bikeway concept to fit within the available public right-of-way. The public in attendance overwhelmingly indicated they were in favor of Conceptual Plan #3.
On September 9, 2025, City Council revisited the proposed Mobility Element amendment and approved the Mobility Element amendment with the understanding that City staff would design the proposed project using Conceptual Plan #3 as the basis of the design.
On November 4, 2025, City staff released a Request for Proposals for professional services for the development of Project Approval and Environmental Documentation (PAED) and Plans, Specifications and Estimates (PS&E). The scope of work in Phase 1, the PAED phase, includes the development of refined conceptual plans within the grant award budget, environmental documentation, and additional public outreach. The scope of work in Phase 2, the PS&E phase, uses the preferred, refined conceptual plan as the basis for developing final construction plans, specifications, and engineering cost estimate.
Item No. 4.6
Five firms submitted proposals for these design and environmental services:
• HR Green, Inc.
• Minager & Associates
• Onward Engineering
• Psomas
• W.G. Zimmerman Engineering
The corresponding fee schedules were submitted in separate sealed envelopes.
As required, consultant services for this project must be selected through a competitive, qualifications-based procurement process in accordance with Section 3-
08.150 of the Laguna Hills Municipal Code and in accordance with Federal regulations, specifically Chapter 10 of the Caltrans Local Assistance Procedures Manual (LAPM).
LAPM Chapter 10 was adopted by City Council Resolution on February 11, 2025, for the procurement and administration of engineering and design contracts paid using federal funds.
Following proposal evaluations and consultant interviews, Psomas was determined to be the most qualified based on their relevant experience, project understanding, and team qualifications. Therefore, City staff is recommending the award of a Professional Services Agreement to Psomas for PAED and PS&E work in the not-to-exceed amount of $817,298.
If the City Council awards the Professional Services Agreement, Psomas will first develop conceptual alternatives within the grant budget as part of the Phase 1, PAED scope of work. Unfortunately, Conceptual Plan #3, as currently presented, is not projected to be within the estimated grant construction budget of $4,178,000 due to the required quantity of sidewalk, curb, and gutter that will need to be reconstructed to construct the shared sidewalk/Class IV Bikeway concept. City staff expects that a conceptual alternative could be developed in the PAED phase that is within the grant budget. However, if a conceptual plan can not be developed, the project would not progress to the PS&E phase. Caltrans has assured City staff in writing that all efforts under the PAED phase will be reimbursed.
Fiscal Impact:
Based on the $4,998,000 grant award through the Orange County Transportation Authority's Complete Streets Program (funded by Federal Transportation Improvement Program grant funds and administered jointly by OCTA and Caltrans), the overall project
Item No. 4.6
budget is as follows:
Project Approval and Environmental Documentation (PAED): $159,000 Plans, Specifications and Estimates (PS&E): $661,000
Subtotal: $820,000
Construction (including contingencies): $4,178,000
Total Project Budget/Grant Funding Available: $4,998,000 The proposed Professional Services Agreement's not-to-exceed amount is within the $820,000 budget for PAED and PS&E work.
Attachments:
1. Professional Services Agreement - Psomas - Paseo de Valencia and Cabot Road
2. Conceptual Plan No. 3
4936-0319-1675 v.1
1 PROFESSIONAL SERVICES AGREEMENT
Psomas
Paseo de Valencia and Cabot Road Active Transportation Enhancements Project THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into, to be effective the 24th day of February, 2026, by and between the CITY OF LAGUNA HILLS, a municipal corporation organized and existing under the laws of the State of California, (hereinafter referred to as “City”) and PSOMAS, a California corporation (hereinafter referred to as “Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has determined that there is a need to retain the professional services of a qualified licensed civil engineering firm to provide Project Approval and Environmental Documentation (PAED) and, if requested by City after the completion of PAED, the Plans, Specifications and Estimates (PS&E) for the Paseo De Valencia and Cabot Road Active Transportation Enhancements Project, as well to provide the City with other as-needed civil engineering, project management, and consulting services, that may be required on an as-needed, on-call basis (the “Project”).
B. In response to City’s Request for Proposals (RFP), dated November 4, 2025, Consultant has submitted to City a proposal, dated December 18, 2025, to provide the City with professional civil engineering and/or traffic engineering consulting services for the Project pursuant to the terms of this Agreement.
C. Consultant represents and maintains that it is uniquely qualified by virtue of its experience, training, education, reputation, and technical expertise to provide the professional civil engineering and/or traffic engineering consulting services to City for the Project and has agreed to provide such services as provided herein. City does not have the personnel, training, certification, specialized equipment, or technical expertise necessary to perform the work and services contracted for herein.
D. City desires to retain Consultant to provide such professional civil engineering and/or traffic engineering consulting services for the Project.
E. The Project is funded in whole, or in part, with federal funding administered through Caltrans. Italicized words set forth herein reflect certain requirements by Caltrans and/or state or federal laws and regulations, including the Caltrans Local Assistance Procurement Manual (LAPM).
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
4936-0319-1675 v.1
2 AGREEMENT
1. SERVICES OF CONSULTANT
1.1 Scope of Services and Standard of Performance. In compliance with all terms and conditions of this Agreement, Consultant agrees to provide and perform the professional civil engineering consulting services for the Project as set forth in the Proposal/Scope of Work, dated December 18, 2025, and as set forth in City’s Request for Proposal/Project Specifications, which are both attached hereto as Exhibit “A” and Exhibit “B” respectively and are incorporated herein by reference (hereinafter referred to as the “Scope of Services,” the “Services” or “Work”). As a material inducement to the City entering into this Agreement, Consultant acknowledges and understands that the Services and Work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant’s Services and Work shall be performed in a skillful and competent manner and shall be held to a standard of quality and workmanship prevalent in the industry for such Services and Work and with the standards recognized as being employed by professionals in the same discipline in the State of California.
Consultant represents and warrants that it is skilled in the professional discipline necessary to perform the Services and Work and that it holds the necessary skills and abilities to satisfy the standard of work as set forth in this Agreement. Consultant represents and warrants that it and all of its employees, subconsultants and subcontractors providing any Work or Services under this Agreement shall have sufficient skill and experience to perform the Services and Work assigned to them. All Services and Work shall be completed to the reasonable satisfaction of the City.
1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; and, (2) the Consultant’s signed, original Proposal/Scope of Work dated December 18, 2025 submitted to the City (“Consultant’s Proposal”), and (3) City’s Request for Proposals/Project Specifications, which shall all three be referred to collectively hereinafter as the “Contract Documents.” The Consultant’s Proposal/Scope of Work is attached hereto as Exhibit “A” and the City’s Request for Proposals/Project Specifications is attached hereto as Exhibit “B” and are both hereby incorporated by reference and made a part of this Agreement. All provisions of the Contract Documents shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the terms and conditions of this Agreement; (2nd) terms, conditions, provisions and project requirements set forth in the City’s Request for Proposals/Project Specifications (Exhibit “B”); and (3rd) the provisions of the Consultant’s Proposal (Exhibit “A”).
1.3 Compliance with Law. Consultant shall comply at all times during the term of this Agreement with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder, including without limitation all applicable fair labor standards and Cal/OSHA requirements. Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of the Work and Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with performing the Work and Services. If Consultant performs any Work or Services in violation of such laws, rules, and regulations, Consultant shall be solely responsible for all penalties and costs arising therefrom. Consultant shall defend,
4936-0319-1675 v.1
3 indemnify, and hold City, its elected and appointed officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules, or regulations.
1.4 Licenses, Permits, Fees, and Assessments. Prior to performing any Services or Work hereunder Consultant shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement and any extension, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and Services under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work and Services required by this Agreement, and shall defend, indemnify, and hold the City, its elected and appointed officials, officers, employees, agents and volunteers, free and harmless from and against any claim or liability arising out of any failure or alleged failure to obtain such license, permits, and approvals of whatever nature that are legally required to perform the Work or Services.
1.5 Familiarity with Work. By executing this Agreement, Consultant represents and warrants that it (a) has thoroughly investigated and considered the Scope of Work or Services to be performed, (b) has carefully considered how the Services should be performed and has carefully examined the location or locations at or with respect to where such Services or Work is to be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant represents and maintains that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City.
1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.
1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement.
1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Consultant's Proposal/Scope of Services (Exhibit “A”) or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is
4936-0319-1675 v.1
4 first given by the City to the Consultant, incorporating therein any adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement, which adjustments are subject to the written approval of the Consultant. It is expressly understood by Consultant that the provisions of this section shall not apply to the Work and Services specifically set forth in the Scope of Services or reasonably contemplated therein, regardless of whether the time or materials required to complete any Work or Service identified in the Scope of Services exceeds any time or material amounts or estimates provided therein.
1.9 Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other contractors, consultants, or vendors for services similar to the services that are the subject of this Agreement. Consultant further acknowledges that City may have its own employees perform services similar to the services that are the subject of this Agreement.
1.10 Debarment and Suspension Certification.
A. Consultant’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant or any person associated therewith in the capacity of owner, partner, director, officer, or manager; (1) is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; (2) has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; (3) does not have a proposed debarment pending; and (4) has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.
B. Any exceptions to this certification must be disclosed to City. Exceptions will not necessarily result in denial of recommendation for award but will be considered in determining Consultant responsibility. Disclosures must indicate the party to whom exceptions apply, the initiating agency, and the dates of agency action.
C. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by the Federal Highway Administration (FHWA).
2. COMPENSATION
2.1 Maximum Contract Amount. For the Services and Work rendered pursuant to this Agreement, Consultant shall be compensated by City for the services performed, including authorized reimbursements, on a time and materials basis in accordance with the professional hourly rates and charges set forth in the Schedule of Compensation/Fees, which is attached hereto as Exhibit “A” and is incorporated herein by reference, but not exceeding the total maximum contract amount of Eight Hundred Seventeen Thousand Two Hundred Ninety Eight Dollars ($817,298) (hereinafter referred to as the "Maximum Contract Amount"). The Maximum Contract Amount shall include the attendance of Consultant at all Project meetings deemed reasonably necessary by the City. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the
4936-0319-1675 v.1
5 Contract Officer designated pursuant to Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation/Fees. The maximum amount of City’s payment obligation under this Agreement is the amount specified in this section.
2.2. Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation/Fees (Exhibit “A”), in any month in which Consultant wishes to receive payment, no later than the tenth (10th) working day of such month, Consultant shall submit to the City, in a form approved by the City’s Finance Director, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or a soon thereafter as is reasonably practical.
1. The method of payment for this Agreement will be based on lump sum. The total lump sum price paid to Consultant will include compensation for all work and deliverables, including travel and equipment described in the Scope of Services. No additional compensation will be paid to Consultant unless there is a change in the Scope of Services. In the instance of a change in the Scope of Services, adjustment to the total lump sum compensation will be negotiated between Consultant and City. Adjustment in the total lump sum compensation will not be effective until authorized by an Agreement amendment and approved by City.
2. Progress payments may be made monthly in arrears based on the percentage of work completed by Consultant. If Consultant fails to submit the required deliverable items according to the schedule set forth in the Scope of Services, City shall have the right to delay payment or terminate this Agreement in accordance with the Section 8.3, Termination.
3. Consultant shall not commence performance of Work or Services until this Agreement has been approved by City and notification to proceed has been issued by City’s Contract Officer. No payment will be made prior to approval of any work, or for any work performed prior to approval of this Agreement.
4. Consultant will be reimbursed within thirty (30) days upon receipt by City’s Contract Officer of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which Consultant is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated Section 2.2 and shall reference this Agreement number and project title.
Final invoice must contain the final cost and all credits due City that include any equipment purchased under the provisions of Section 4.7 Equipment Purchase. The final invoice must be submitted within sixty (60) calendar days after completion of Consultant’s work unless a later date is approved by City. Invoices shall be mailed to City’s Contract Officer at the address specified in Section 10.2, Notices.
5. The total amount payable by City shall not exceed the amount specified in Section 2.1.
2.3 Intentionally omitted.
4936-0319-1675 v.1
6 2.4 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant’s profession.
2.5 Appropriations.
A. This Agreement is subject to and contingent upon funds being appropriated therefore by the Laguna Hills City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.
B. It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made.
C. This Agreement is valid and enforceable only if sufficient funds are made available to City for the purpose of this Agreement. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or City Council that may affect the provisions, terms, or funding of this Agreement in any manner.
D. It is mutually agreed that if sufficient funds are not appropriated, this Agreement may be amended to reflect any reduction in funds.
E. City has the option to terminate the Agreement pursuant to Section 8.3 or by mutual agreement to amend the Agreement to reflect any reduction of funds.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance.
3.2 Schedule of Performance. Consultant shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed, or on each task order, if applicable, and shall perform all Services within the time period(s) established in the Schedule of Performance, which is attached hereto as Exhibit “A” and is incorporated herein by reference.
When requested by Consultant, extensions to the time period(s) specified in the Schedule of
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7 Performance may be approved in writing by the Contract Officer; however, the City shall not be obligated to grant such an extension.
3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, pandemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Consultant, within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section.
3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the effective date of this Agreement and shall continue in full force and effect for a period of one (1) year, commencing on July 1, 2025, and ending on June 30, 2026.
3.5 Task Orders. Consultant hereby agrees and acknowledges that any and all Services or Work performed pursuant to this Agreement shall be based upon the prior issuance of a written project task order by the City. Furthermore, Consultant hereby agrees and acknowledges that execution of this Agreement by the City does not in any way guarantee that a task order will be issued to Consultant. Moreover, execution of this Agreement by the City shall not entitle Consultant to any form of payment or compensation from the City without City first having issued a project task order.
4. COORDINATION OF WORK
4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and to make all decisions in connection therewith: Tom Herbel, Vice President/Project Manager. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Work or Services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress
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8 of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
1.3 Prohibition Against Subcontracting or Assignments.
A. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Consultant shall not contract with any other entity to perform the Services required without prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of City.
B. Nothing contained in this Agreement or otherwise, shall create any contractual relation between City and any subconsultant(s) or subcontractor(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultant(s), subcontractor(s), and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant’s obligation to pay its subconsultant(s) and subcontractor(s) is an independent obligation from City’s obligation to make payments to the Consultant.
C. Consultant shall perform the Work contemplated with resources available within its own organization and no portion of the Work shall be subcontracted without written authorization by City’s Contract Officer, except that, which is expressly identified in the approved Schedule of Compensation/Fees.
D. Consultant shall pay its subconsultants and subcontractors within fifteen (15) calendar days from receipt of each payment made to Consultant by City.
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9 E. All subcontracts entered into as a result of this Agreement shall contain all the provisions stipulated in this entire Agreement to be applicable to subconsultants and subcontractors unless otherwise noted.
F. Any substitution of subconsultant(s) and subcontractor(s) must be approved in writing by City’s Contract Officer in advance of assigning work to a substitute subconsultant or subcontractor.
G. Consultant or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed Consultant on account of the Work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from Consultant or subconsultant to a subconsultant, Consultant or subconsultant may withhold no more than one hundred fifty percent (150%) of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of two percent (2%) of the amount due per month for every month that payment is not made. In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorneys’ fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.
H. No retainage will be held by the City from progress payments due to Consultant. Any retainage kept by Consultant or by a subconsultant must be paid in full to the earning subconsultant within fifteen (15) days after the subconsultant’s work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the City’s prior written approval. Any violation of these provisions shall subject the violating Consultant or subconsultant to the penalties, sanctions, and remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by Consultant, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.
I. Any violation of these provisions shall subject the violating Consultant or subconsultant to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by Consultant, deficient subcontract performance, or noncompliance by a subconsultant.
4.4 Independent Contractor.
A. The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make Consultant a City employee. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an
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10 independent capacity and shall not act as City officers or employees. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement.
Consultant, its officers, employees or agents, shall not maintain a permanent office or fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant’s officers, employees, representatives or agents or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with the performance of Services under this Agreement as required by law and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant.
B. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.
C. No City benefits shall be available to Consultant, its officers, employees, or agents, in connection with the performance of any Work or Services under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of any Work or Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing any Work or Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Consultant’s officers, employees, representatives, agents, or subconsultants or subcontractors, Consultant shall defend, indemnify, and hold harmless City from and against all such financial obligations.
4.5 PERS Eligibility & Indemnification.
A. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing any Work or Services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employee 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 the City.
B. 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 any Work or Services 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
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11 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 employer contribution and/or employee contributions for PERS benefits.
4.6 Cost Principles and Administrative Requirements.
A. Consultant agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.
B. Consultant also agrees to comply with federal procedures in accordance with 2 CFR Part 200, Cost Principles, and Audit Requirements for Federal Awards.
C. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 2 CFR Part 200 or 48 CFR Part 31 are subject to repayment by Consultant to City.
D. When Consultant or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200 shall apply.
4.7 Equipment Purchase.
A. Prior authorization in writing by City’s Contract Officer shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or Consultant Services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs.
B. For purchase of any item, service or consulting work not covered in Consultant’s Schedule of Compensation/Fees and exceeding five thousand dollars ($5,000), with prior authorization by City’s Contract Officer, three competitive quotations must be submitted with the request, or the absence of proposals must be adequately justified.
C. Any equipment purchased with funds provided under the terms of this Agreement is subject to the following:
1. Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two (2) years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures, and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City.
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12 2. Regulation 2 CFR Part 200 requires a credit to federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the Project.
4.8 Inspection of Work. Consultant, subconsultant(s), and subcontractor(s) shall permit City, the State, and the FHWA, if federal participating funds are used in this Agreement, to review and inspect the Project activities and files at all reasonable times during the performance period of this Agreement.
4.9 Safety.
A. Consultant shall comply with OSHA regulations applicable to Consultant regarding necessary safety equipment or procedures. Consultant shall comply with safety instructions issued by City’s Public Works Director/City Engineer and other City representatives.
Consultant’s personnel shall wear hard hats and safety vests at all times while working on the construction Project site.
B. Pursuant to the authority contained in Section 591 of the Vehicle Code, City has determined that such areas are within the limits of the Project and are open to public traffic.
Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Consultant shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.
C. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Section.
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13 5. INSURANCE
5.1 Compliance with Insurance Requirements. Consultant shall obtain, maintain, and keep in full force and effect during the term of this Agreement, at its sole cost and expense, and in a form and content satisfactory to City, all insurance required under this section. Consultant shall not commence any Work or Services under this Agreement unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Consultant’s existing insurance policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
5.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement, and without limiting the indemnity provisions set forth in this Agreement, Consultant shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:
A. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance written on an occurrence basis with limits of at least one million dollars ($1,000,000.00) per occurrence, two million dollars ($2,000,000.00) in the general aggregate, and one million dollars ($1,000,000.00) for products and completed operations. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
B. Automobile Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Automobile Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) combined limit for each occurrence covering bodily injury and property damage.
The policy shall specifically include coverage for owned, non-owned, leased, and hired automobiles.
C. Workers’ Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers’ Compensation Insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers’ compensation insurer waiving all subrogation rights under its workers’ compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subconsultants and subcontractors, if any, to do likewise under their workers’ compensation insurance policies. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Employer’s Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) per accident for bodily injury or disease.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, a policy of Professional Liability or Errors and Omissions Insurance appropriate to Consultant’s profession with limits of at least two million dollars ($2,000,000.00). Covered professional services shall specifically include all Work or Services to be performed under the Agreement and delete any exclusions that may potentially affect the Work or Services to be performed under this Agreement.
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14 1. Intentionally omitted.
2. If the policy of insurance is written on a “claims-made” basis, the City may require that the policy be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Work or Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing the Work or Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City.
3. In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Work or Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Work or Services under the terms of this Agreement.
5.3 Acceptability of Insurers. Insurance required by this section shall be issued by a licensed company authorized to transact business in the state by the Department of Insurance for the State of California with a current rating of A-:VII or better (if an admitted carrier), or a current rating of A:X or better (if offered by a non-admitted insurer listed on the State of California List of Approved Surplus Lines Insurers (LASLI), by the latest edition of A.M. Best’s Key Rating Guide, except that the City will accept workers’ compensation insurance from the State Compensation Fund. In the event the City determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. Consultant shall immediately substitute any insurer whose A.M.
Best rating drops below the levels specified herein.
5.4 Insurance Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
A. The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to provide the following:
1. Additional Insured: The City, its officials, officers, employees, agents and volunteers, shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement; and
2. Additional Insured Endorsements: Additional insured endorsements shall not (1) be restricted to “ongoing operations”, (2) exclude “contractual liability”, (3) restrict
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15 coverage to “sole” liability of Consultant, or (4) contain any other exclusions contrary to the Agreement; and, the coverage shall contain no special limitations on the scope of protection afforded to additional insureds.
3. Notice: The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty (30) days prior written notice by First Class U.S. Mail, postage-prepaid, has been provided to the City. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Consultant’s failure to pay the insurance premium, the notice provided to City shall be by ten (10) days prior written notice.
B. For all policies of Commercial General Liability Insurance, Consultant shall provide endorsements for ongoing operations and completed operations to effectuate this requirement.
5.5 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City in advance and shall protect the City, its officials, officers, employees, agents and volunteers, in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
5.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability Insurance and Automobile Liability Insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers, shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
5.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability Insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents and volunteers, or shall specifically allow Consultant or others providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. Consultant hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Consultant hereby agrees to require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.
5.8 Evidence of Coverage. Concurrently with the execution of the Agreement, Consultant shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. The certificates of insurance and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City.
If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such
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16 cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. Consultant shall promptly furnish, at City’s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City requires to verify coverage.
5.9 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. 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.
5.10 Enforcement of Agreement (Non-Estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of any noncompliance with any of the insurance requirements set forth in this section imposes no additional obligation on the City nor does it waive any rights hereunder.
5.11 Insurance for Subconsultants. Consultant shall either: (1) include all subconsultants or subcontractors engaged in any Work or Services for Consultant relating to this Agreement as additional named insureds under the Consultant’s insurance policies, or (2) Consultant shall be responsible for causing its subconsultants or subcontractors to procure and maintain the appropriate insurance in compliance with the terms of the insurance requirements set forth in this section, including adding the City, its officials, officers, employees, agents and volunteers, as additional insureds to their respective policies. All policies of Commercial General Liability Insurance provided by Consultant’s subconsultants or subcontractors performing any Work or Services related to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers, as additional insureds. Consultant shall not allow any subconsultant or subcontractor to commence any Work or Services relating to this Agreement unless and until it has provided evidence satisfactory to City that the subconsultant or subcontractor has secured all insurance required under this section.
5.12 Other Insurance Requirements. The following terms and conditions shall apply to the insurance policies required of Consultant pursuant to this Agreement:
A. Consultant shall provide immediate written notice to City if (1) any of the insurance policies required herein are terminated, cancelled or suspended, (2) the limits of any of the insurance coverages required herein are reduced, or (3) the deductible or self-insured retention is increased.
B. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.
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17 C. None of the insurance coverages required herein will be in compliance with the requirements of this section if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City and approved in writing.
D. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.
E. Consultant agrees to ensure that subconsultants and subcontractors, if any, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review.
F. Consultant agrees to provide immediate written notice to City of any claim, demand or loss against Consultant arising out of the Work or Services performed under this Agreement and for any other claim, demand or loss which may reduce the insurance available to pay claims, demands or losses arising out of this Agreement.
6. INDEMNIFICATION
To the fullest extent permitted by law, Consultant shall defend (at Consultant’s sole cost and expense with legal counsel reasonably acceptable to City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents and volunteers, free and harmless from any and all claims, demands, orders, causes of action, costs, expenses, liabilities, losses, penalties, judgments, arbitration awards, settlements, damages or injuries of any kind, in law or in equity, including but not limited to property or persons, including wrongful death, (collectively “Claims”) in any manner arising out of, pertaining to, related to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officers, directors, employees, subcontractors, consultants or agents, in connection with Consultant’s performance under this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent that the Work or Services performed by Consultant are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant’s indemnification obligation or other liability hereunder. Notwithstanding the foregoing, such obligation to defend, hold harmless, and indemnify the City, its elected and appointed officials, officers, employees, agents, and volunteers, shall not apply to such claims or liabilities arising from the sole or active negligence or willful misconduct of City.
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18 7. REPORTS AND RECORDS
7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.
Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work or Services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subconsultants, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all of its subconsultants and subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.
7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization.
7.5 Audit and Inspection of Records.
A. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and
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19 inspect all accounting books, records, work data, documents, and activities directly related to Consultant’s performance under this Agreement.
B. For the purpose of determining compliance with Government Code Section 8546.7, Consultant, subconsultants, subcontractors, and City shall maintain all books, documents, papers, accounting records, Independent certified public accountants (CPA) Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the Agreement, including, but not limited to, the costs of administering the Agreement. All parties, including the Consultant’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the Agreement period and for three (3) years from the date of final payment under the Agreement, and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. City, State of California, California State Auditor, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal Government having jurisdiction under federal laws or regulations (including the basis of federal funding in whole or in part) shall have access to any books, records, and documents of Consultant, subconsultants, and the Consultant’s Independent CPA, that are pertinent to the Agreement for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.
7.6 Audit Review Procedures.
A. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by agreement, shall be reviewed by the City Public Works Director/City Engineer and the City Finance Director.
B. Not later than thirty (30) calendar days after issuance of the final audit report, Consultant may request a review by the City Manager or City Finance Director of unresolved audit issues. The request for review will be submitted in writing.
C. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance, in accordance with the terms of this Agreement.
D. Consultant, subcontractor, and subconsultant agreements, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an Agreement audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the Agreement, Schedule of Compensation/Fees, and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review, it is Consultant’s responsibility to ensure federal, City, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The Agreement, cost proposal, and ICR shall be adjusted by Consultant and approved by City’s Contract Officer to conform to the audit or review recommendations. Consultant agrees that individual terms of costs identified in the audit report shall be incorporated into the agreement by this reference if directed by City at its sole discretion. Refusal by Consultant to incorporate audit or review recommendations, or to ensure that the federal, City, or local governments have access to CPA work papers, will be considered a breach of this Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs.
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20 E. Consultant’s Schedule of Compensation/Fees may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Schedule of Compensation/Fees shall be adjusted by the Consultant and approved by City’s Contract Officer to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the Consultant to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs.
1. During IOAI’s review of the ICR audit work papers created by the Consultant’s independent CPA, IOAI will work with the CPA and/or Consultant toward a resolution of issues that arise during the review. Each Party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, City will reimburse the Consultant at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR (e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards)); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI. Accepted Rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%), the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%), the accepted rate will be eighty-five percent (85%) of the proposed rate.
c. If the proposed rate is greater than two hundred percent (200%), the accepted rate will be seventy-five percent (75%) of the proposed rate.
2. If IOAI is unable to issue a cognizant letter per subsection E.1. above, IOAI may require Consultant to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the Consultant’s and/or the independent CPA’s revisions.
3. If Consultant fails to comply with the provisions of this subsection E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in subsection E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this Agreement.
4. Consultant may submit to City final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent
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21 CPA audited ICR; (2) all work under this Agreement has been completed to the satisfaction of City; and (3) IOAI has issued its final ICR review letter. The Consultant must submit its final invoice to City no later than sixty (60) calendar days after occurrence of the last of these items.
The accepted ICR will apply to this Agreement and all other agreements executed between City and the Consultant, either as a prime or subconsultant, with the same fiscal period ICR.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
8.3 Termination. City may terminate this Agreement for any reason, with or without cause, upon giving Consultant thirty (30) days written notice. Upon such notice, City shall pay Consultant for Services performed through the date of termination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Consultant shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Consultant shall submit to the City an invoice for work and services performed prior to the date of termination. In addition, Consultant reserves the right to terminate this Agreement at any time upon sixty (60) days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Consultant may determine.
8.4 Default of Consultant.
A. Consultant’s failure to comply with any provision of this Agreement shall constitute a default.
B. If the City Manager, or City Manager’s designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law,
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22 in equity, or under this Agreement. Consultant shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to Section 8.3.
C. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.4(B), take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant’s liability for completion of the Services as provided herein.
8.5 Waiver. 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. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof.
8.6 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
8.7 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.8 Attorneys’ Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.
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23 9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest.
A. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his or her financial interest or the financial interest of any corporation, partnership, or association in which they are, directly or indirectly, interested in violation of any state statute or regulation. Consultant represents and warrants that it has not paid or given and will not pay or give any third party any money or other consideration in exchange for obtaining this Agreement.
B. During the term of this Agreement, Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Agreement, or any ensuing City construction project. Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement, or any ensuing City construction project, which will follow.
C. Consultant certifies that it has disclosed to City any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this Agreement. Consultant agrees to advise City of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this Agreement. Consultant further agrees to complete any statements of economic interest if required by either City ordinance or State law.
D. Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of Work or Services under this Agreement.
E. Consultant hereby certifies that Consultant or any subconsultant and any firm affiliated with Consultant or subconsultant that bids on any construction contract or on any agreement to provide construction inspection for any construction project resulting from this Agreement, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.
9.3 Covenant Against Discrimination.
A. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, disability, medical condition, religion, color, sex, sexual orientation, age, marital status, ancestry, or national origin. Consultant shall ensure that applicants are employed, and that employees are treated during
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24 their employment, without regard to their race, disability, medical condition, religion, color, sex, sexual orientation, age, marital status, ancestry, or national origin. 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.
B. During the performance of this Agreement, Consultant and its subconsultants and subcontractors shall not deny the Agreement’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, color, ancestry, religious creed, national origin, physical disability, mental disability, medical condition, age, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Consultant, subconsultants, and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
C. Consultant, subconsultants, and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12990 et seq.), applicable regulations promulgated thereunder (2 CCR Section 7285 et seq.), the provisions of Government Code Sections 11135–11139.5, and any regulations or standards adopted by City to implement such articles. The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a)–(f) are set forth in 2 CCR Sections 8100–8504 and are incorporated into this Agreement by reference and made a part hereof as if set forth in full.
D. Consultant shall permit access by representatives of the Department of Fair Employment and Housing and City upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause.
E. Consultant and its subconsultants and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
F. Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.
G. Consultant, with regard to the work performed under this Agreement, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. Section 2000d et seq.).
Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
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25 H. Consultant shall comply with regulations relative to nondiscrimination in federally-assisted programs of the U.S. Department of Transportation (DOT) (49 CFR Part 21 – Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, Consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR Section 21.5, including employment practices and the selection and retention of subconsultants and subcontractors.
I. Consultant, subrecipient, or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR Part 26 on the basis of race, color, sex, or national origin. In administering the City components of the DBE Program Plan, Consultant, subrecipient, or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.
J. Consultant agrees to comply with the Title VI Assurances, attached hereto as Exhibit “C”, which is hereby incorporated by reference and is made a part of this Agreement, and to include these assurances in all subcontracts at any tier.
9.4 Rebates, Kickbacks or Other Unlawful Consideration. Consultant warrants that this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right, in its discretion, to terminate the Agreement without liability, to pay only for the value of the work actually performed, or to deduct from the Agreement price, or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.
9.5 Contingent Fee. Consultant warrants, by execution of this Agreement, that no person or selling agency has been employed, or retained, to solicit or secure this Agreement upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by Consultant for the purpose of securing business. For breach or violation of this warranty, City has the right to annul this Agreement without liability, pay only for the value of the Work actually performed, or in its discretion to deduct from the Maximum Contract Amount or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyright Infringement.
A. To the fullest extent permitted by law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the
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26 performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant’s expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the alleged negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City’s alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright.
B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof, Consultant shall not be obligated to indemnify City under any settlement made without Consultant’s consent or in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant’s expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto.
10.2 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Notices or other communications shall be addressed as follows:
To City: City of Laguna Hills
Attention: City Manager
24035 El Toro Road
Laguna Hills, California 92653
Telephone: (949) 707-2600
To Consultant: Psomas
Attention: Tom Herbel, Project Manager
5 Hutton Centre Drive, Suite 300
Santa Ana, CA 92707
Telephone: (714) 751-7373
10.3 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
10.4 Severability. Whenever possible, each provision of this Agreement shall be
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27 interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
10.6 Third Party Beneficiary. Nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto.
10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he/she is executing this Agreement is duly authorized and existing, (ii) he/she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he/she is signing, (iii) by so executing this Agreement, the Party for which he/she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he/she is signing is bound.
10.9 Prevailing Wages. The City has determined that the Work and Services under this Agreement requires work of labor categories which are subject to Prevailing Wage Laws identified in the State of California Labor Code. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects.
Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, the Prevailing Wage Laws). It is agreed by the Parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.
Consultant understands and agrees to comply with the following California Labor Code compliance conditions [Labor Code Sections 1720 et seq., 1813, 1860, 1861, 3700]:
A. Neither Consultant nor any subconsultant may be awarded an agreement containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1725.5. Registration with DIR must be maintained throughout the entire term of this Agreement, including any subsequent amendments.
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28 B. The Consultant shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this Agreement are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this Agreement by reference pursuant to Labor Code Section 1773.2 and will be applicable to Work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at City’s construction sites, at City facilities, and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve City projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.
C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.
D. Payroll Records
1. Consultant and all subconsultants shall keep accurate certified payroll records and supporting documents as mandated by Labor Code Section 1776 and as defined in 8 CCR Section 16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Consultant or subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct.
b. The employer has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project.
2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the Consultant under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by City representatives at all reasonable hours at the principal office of the Consultant. The Consultant shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request.
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29 b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of City, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to City, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards shall not be altered or obliterated by the Consultant. c. The public shall not be given access to certified payroll records by the Consultant, except as permitted by law. The Consultant is required to forward any requests for certified payrolls to the City’s Contract Officer by both email and regular mail on the business day following receipt of the request.
3. Each Consultant shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.
4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by City shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number, unless fewer redactions are permitted by law. The name and address of the Consultant or Subconsultant performing the Work shall not be marked or obliterated.
5. The Consultant shall inform the City of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.
6. The Consultant or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the Consultant or subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to City, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by City from payments then due. Consultant is not subject to a penalty assessment pursuant to this section due to the failure of a subconsultant to comply with this section.
E. When prevailing wage rates apply, the Consultant is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the City’s Contract Officer.
F. Penalty.
1. The Consultant and any of its subconsultants shall comply with Labor Code Sections 1774 and 1775. Pursuant to Labor Code Section 1775, the Consultant and any subconsultant shall forfeit to the City a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the Agreement by the Consultant or by its Subconsultant in violation of
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30 the requirements of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive.
2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the Consultant or subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the Consultant or subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the Consultant or subconsultant had knowledge of the obligations under the Labor Code. The Consultant is responsible for paying the appropriate rate, including any escalations that take place during the term of the Agreement.
3. In addition to the penalty and pursuant to Labor Code Section 1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Consultant or subconsultant.
4. If a worker employed by a subconsultant on a public works project is not paid the general prevailing per diem wages by the subconsultant, the Consultant of the project is not liable for the penalties described above unless the Consultant had knowledge of that failure of the subconsultant to pay the specified prevailing rate of wages to those workers or unless the Consultant fails to comply with all of the following requirements:
a. The agreement executed between the Consultant and the subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The Consultant shall monitor the payment of the specified general prevailing rate of per diem wages by the subconsultant to the employees by periodic review of the certified payroll records of the subconsultant.
c. Upon becoming aware of the subconsultant’s failure to pay the specified prevailing rate of wages to the subconsultant’s workers, the Consultant shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the subconsultant for work performed on the public works project. d. Prior to making final payment to the subconsultant for work performed on the public works project, the Consultant shall obtain an affidavit signed under penalty of perjury from the subconsultant that the subconsultant had paid the specified general prevailing rate of per diem wages to the subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code Section 1813.
5. Pursuant to Labor Code Section 1775, the City shall notify the Consultant on a public works project within fifteen (15) calendar days of receipt of a complaint that a subconsultant has failed to pay workers the general prevailing rate of per diem wages.
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31 6. If the City determines that employees of a subconsultant were not paid the general prevailing rate of per diem wages and if the City did not retain sufficient money under the Agreement to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the Consultant shall withhold an amount of moneys due the subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by City.
G. Hours of Labor. Eight (8) hours labor constitutes a legal day's work. The Consultant shall forfeit, as a penalty to the City, twenty-five dollars ($25) for each worker employed in the execution of the Agreement by the Consultant or any of its subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular Sections 1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in Section 1815.
H. Employment of Apprentices.
1. Where either this Agreement or any subagreement exceeds thirty thousand dollars ($30,000), the Consultant and any subconsultants under him or her shall comply with all applicable requirements of Labor Code Sections 1777.5, 1777.6 and 1777.7 in the employment of apprentices.
2. Consultant and all subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, Consultant and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to-apprentice ratios for the Agreement work. The Consultant is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code Section 1777.7.
I. Pursuant to California Labor Code Sections 1860 and 3700, Consultant will be required to secure the payment of compensation to its employees. By signing this Agreement, Consultant hereby certifies as follows:
“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 Agreement.” J. Pursuant to California Labor Code Section 1771.1, Consultant and any subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the California Public Contract Code, or engage in the performance of any contract for public work on a public works project unless registered with the DIR and qualified to
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32 perform public work pursuant to California Labor Code Section 1725.2. It is not a violation of California Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by California Business and Professions Code Section 7029.1 or by California Public Contract Code Section 10164 or 20103.5, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Consultant shall not perform any work under this Agreement with any subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
10.10 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
10.11 Lobbying. Consultant shall comply with the lobbying requirements of 31 U.S.C.
Section 1352. If the Maximum Contract Amount exceeds $150,000, Consultant certifies the following:
A. The Consultant certifies, to the best of his or her knowledge and belief, that:
1. No State, Federal, or City appropriated funds have been paid or will be paid, by or on behalf of the Consultant, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this Agreement, or with the extension, continuation, renewal, amendment, or modification of this Agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Agreement, the Consultant shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.
C. The Consultant also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.
10.12 Disadvantaged Business Enterprises (DBE) Participation.
A. Consultant, City, and any subconsultant(s) shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR
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33 Part 26). To ensure equal participation of DBEs provided in 49 CFR Section 26.5, the City shows a contract goal for DBEs. Consultant shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.
1. Consultant shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that it has made adequate good faith efforts to meet this goal.
It is Consultant’s responsibility to verify at date of proposal opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes or work code applicable to the type of work the firm will perform on the contract. Additionally, Consultant is responsible to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civilrights/dbe-search.
2. All DBE participation will count toward the Caltrans’ federally mandated statewide overall DBE goal. Credit for materials or supplies Consultant purchases from DBEs counts towards the goal in the following manner:
a. One hundred percent (100%) counts if the materials or supplies are obtained from a DBE manufacturer.
b. Sixty percent (60%) counts if the materials or supplies are purchased from a DBE regular dealer.
c. Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer norregular dealer. 49 CFR Section 26.55 defines "manufacturer" and "regular dealer."
3. This Agreement is subject to 49 CFR Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.” Consultants who enter into a federally-funded Agreement will assist City in a good faith effort to achieve California’s statewide overall DBE goal.
B. There is no DBE goal for this Agreement. If a DBE subconsultant or subcontractor is unable to perform, Consultant must make a good faith effort to replace him/her with another DBE subconsultant or subcontractor, if the goal is not otherwise met.
C. Reserved.
D. Contract Assurance. Under 49 CFR Section 26.13(b), City, Consultant, subconsultants, or subcontractors shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. Consultant shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of federal-aid agreements.
Failure by Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as City deems
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34 appropriate, which may include, but is not limited to: (1) withholding monthly progress payments; (2) assessing sanctions; (3) liquidated damages; and/or (4) disqualifying Consultant from future bidding as non-responsible.
E. Termination and Replacement of DBE Subconsultants. Consultant shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless Consultant or DBE subconsultant obtains the City’s written consent. Consultant shall not terminate or replace a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the City.
1. Termination of DBE Subconsultants. After execution of the Agreement, termination of a DBE may be allowed for the following, but not limited to, justifiable reasons with prior written authorization from the City:
a. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the Project.
b. The City stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the City’s bond requirements.
c. Work requires a contractor’s license and listed DBE does not have a valid license under Contractors License Law. d. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).
e. Listed DBE's work is unsatisfactory and not in compliance with the contract.
f. Listed DBE is ineligible to work on the project because of suspension or debarment.
g. Listed DBE becomes bankrupt or insolvent or exhibits credit unworthiness.
h. Listed DBE voluntarily withdraws with written notice from the contract.
i. Listed DBE is ineligible to receive credit for the type of work required.
j. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the contract.
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35 k. The City determines other documented good cause.
2. Consultant must use the following procedures to request the termination of a DBE or portion of a DBE’s work:
a. Send a written notice to the DBE of the Consultant’s intent to use other forces or material sources and include one or more justifiable reasons listed above. Simultaneously send a copy of this written notice to the City. The written notice to the DBE must request they provide any response within five (5) business days to both the Consultant and the City by either acknowledging their agreement or documenting their reasoning as to why the use of other forces or sources of materials should not occur. b. If the DBE does not respond within five (5) business days, Consultant may move forward with the request as if the DBE had agreed to Consultant’s written notice.
c. Submit Consultant’s DBE termination request by written letter to the City and include:
i. One or more above listed justifiable reasons along with supporting documentation.
ii. Consultant’s written notice to the DBE regarding the request, including proof of transmission and tracking
documentation of Consultant’s written notice.
iii. The DBE's response to Consultant’s written notice, if received. If a written response was not provided, provide a statement to that effect.
3. The City shall respond in writing to Consultant’s DBE termination request within five (5) business days.
4. Replacement of DBE Subconsultants. After receiving the City’s written authorization of DBE termination request, Consultant must obtain the City’s written agreement for DBE replacement. Consultant must find or demonstrate Good Faith Efforts (GFEs) to find qualified DBE replacement firms to perform the work to the extent needed to meet the DBE commitment. The following procedures shall be followed to request authorization to replace a DBE firm:
a. Submit a request to replace a DBE with other forces or material sources in writing to the City which must include:
4936-0319-1675 v.1
36 i. Description of remaining uncommitted work
item made available for replacement DBE
solicitation and participation.
ii. The proposed DBE replacement firm's business
information, the work they have agreed to
perform, and the following:
1. Description of scope of work and cost
proposal
2. Proposed subcontract agreement and
written confirmation of agreement to
perform on the Contract
3. Reserved.
b. If Consultant has not identified a DBE replacement firm, submit documentation of Consultant’s GFEs to use DBE
replacement firms within seven (7) days of City's authorization to terminate the DBE. Consultant may request the City's approval to extend this submittal period to a total of fourteen (14) days. Submit documentation of actions taken to find a DBE replacement firm, such as:
i. Search results of certified DBEs available to
perform the original DBE work identified and or
other work Consultant had intended to selfperform, to the extent needed to meet DBE commitment.
ii. Solicitations of DBEs for performance of work
identified.
iii. Correspondence with interested DBEs that may
have included contract details and requirements.
iv. Negotiation efforts with DBEs that reflect why an
agreement was not reached.
v. If a DBE's quote was rejected, provide reasoning
for the rejection, such as why the DBE was
unqualified for the work, or why the price quote
was unreasonable or excessive.
vi. Copies of each DBE's and non-DBE's price
quotes for work identified, as the City may
contact the firms to verify solicitation efforts and
determine if the DBE quotes are substantially
higher.
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37 vii. Additional documentation that supports
Consultant’s GFE.
c. The City shall respond in writing to Consultant’s DBE replacement request within five (5) business days.
F. Commitment and Utilization.
1. The City’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.
2. The City shall request Consultant to:
a. Notify the City’s Contract Officer, or designee, of any changes to its anticipated DBE participation;
b. Provide this notification before starting affected work; and c. Maintain records including: (1) name and business address of each first-tier subconsultant; (2) name and business address of each DBE subconsultant, DBE vendor, and DBE trucking
company, regardless of tier; and (3) date of payment and total amount paid to each business (see Caltrans Exhibit 9-P: Prompt Payment Certification, which is attached hereto as Exhibit “D” and incorporated herein by this reference).
3. If Consultant is a DBE consultant, then Consultant shall include the date of work performed by Consultant’s own forces and the corresponding value of the work.
4. If a DBE is decertified before completing its work, the DBE must notify Consultant in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify Consultant in writing of the certification date.
Consultant shall submit the notifications to the City.
5. Reserved.
6. In the City’s reports of DBE participation to Caltrans, the City must display both commitments and attainments.
H. Commercially Useful Function.
1. DBEs must perform a Commercially Useful Function (CUF) under 49 CFR Section 26.55 when performing work or supplying materials listed on the DBE Commitment Form. The DBE value of work will only count toward the DBE commitment if the DBE performs a CUF. A DBE performs a CUF when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible with respect
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38 to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable), and paying for the material itself.
2. Consultant must perform CUF evaluation for each DBE working on a federal-aid contract, with or without a DBE goal. Perform a CUF evaluation at the beginning of the DBE’s work and continue to monitor the performance of CUF for the duration of the project.
3. Consultant must provide written notification to the City at least fifteen (15) days in advance of each DBE's initial performance of work or supplying materials for the Contract. The notification must include the DBE's name, work the DBE will perform on the contract, and the location, date, and time of where their work will take place.
4. Within ten (10) days of a DBE initially performing work or supplying materials on the Contract, Consultant shall contact the LPA. Include the following information with the submittal:
a. Subcontract agreement with the DBE
b. Purchase orders
c. Bills of lading
d. Invoices
e. Proof of payment
5. Consultant must monitor all DBE’s performance of CUF by conducting quarterly evaluations and validations throughout their duration of work on the Contract. Consultant must submit to the City these quarterly evaluations and validations by the fifth (5th) of the month for the previous three months of work.
6. Consultant must notify the City immediately if they believe the DBE may not be performing a CUF.
7. The City will verify DBEs performance of CUF by reviewing Consultant’s submissions, submitted supporting information, field observations, and through any additional City evaluations. The City must evaluate DBEs and their CUF performance throughout the duration of a contract. The City will provide written notice to the Consultant and the DBE at least two (2) business days prior to any evaluation. The Consultant and the DBE must participate in the evaluation. Upon completing the evaluation, the City must share the evaluation results with the Consultant and the DBE. An evaluation could include items that must be remedied upon receipt. If the City determines the DBE is not performing a CUF, the Consultant must suspend performance of the noncompliant work.
8. Consultant and DBEs must submit any additional CUF related records and documents within five (5) business days of City’s request such as:
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39 a. Proof of ownership or lease and rental agreements for equipment
b. Tax records
c. Employee rosters
d. Certified payroll records
e. Inventory rosters
9. Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE.
10. If Consultant and/or the City determine that a listed DBE is not performing a CUF in performance of their DBE committed work, Consultant must immediately suspend performance of the noncompliant portion of the work. City may deny payment for the noncompliant portion of the work. City will ask the Consultant to submit a corrective action plan (CAP) to the City within five (5) days of the noncompliant CUF determination. The CAP must identify how the Consultant will correct the noncompliance findings for the remaining portion of the DBE's work. City has five (5) days to review the CAP in conjunction with the Consultant’s review. The Consultant must implement the CAP within five (5) days of the City's approval. The City will then authorize the prior noncompliant portion of work for the DBE's committed work.
11. If corrective actions cannot be accomplished to ensure the DBE performs a commercially useful function on the Contract, Consultant may have good cause to request termination of the DBE.
H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.
I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of the contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.
J. Consultant shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.
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40 K. If a DBE subconsultant or subcontractor is decertified during the life of the Agreement, the decertified subconsultant/subcontractor shall notify Consultant in writing with the date of decertification. If a subconsultant or subcontractor becomes a certified DBE during the life of the Agreement, the subconsultant/subcontractor shall notify Consultant in writing with the date of certification. Any changes should be reported to City’s Contract Officer within thirty (30) days.
L. After submitting an invoice for reimbursement that includes a payment to a DBE, but no laterthan the then (10th) day of the following month, Consultant shall complete and email Caltrans Exhibit 9-P: Prompt Payment Certification (Exhibit “D”) to [email protected] with a copy to the City.
M. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section.
N. Consultant acknowledges and agrees that at the time of contract award, the U.S. Department of Transportation issued an Interim Final Rule making significant changes to the DBE Regulations set forth in 49 CFR Part 26, and, as such, City and Consultant may be required to further revise this Agreement to comply with the DBE Regulations.
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41 10.13 Claims Filed by City’s Construction Contractor A. If claims are filed by City’s construction contractor relating to work performed by Consultant’s personnel, and additional information or assistance from Consultant’s personnel is required in order to evaluate or defend against such claims; City’s construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.
B. Consultant’s personnel that City considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from City.
Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for Consultant’s personnel services under this Agreement.
C. Services of Consultant’s personnel in connection with City’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this Agreement in order to resolve the construction claims.
10.14 National Labor Relations Board Certification. In accordance with Public Contract Code Section 10296, Consultant hereby states under penalty of perjury that no more than one (1) final unappealable finding of contempt of court by a federal court has been issued against Consultant within the immediately preceding two (2)-year period, because of Consultant’s failure to comply with an order of a federal court that orders Consultant to comply with an order of the National Labor Relations Board.
10.15 Prompt Payment.
A. Prompt Payment from City to Consultant. City shall make all project progress payment within thirty (30) days after receipt of an undisputed and properly submitted payment request from Consultant. If the City fails to pay promptly, the City shall pay interest to the Consultant, which accrues at the rate of ten percent (10%) per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the City shall act in accordance with both of the following:
1. The City shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.
2. The City must return any payment request deemed improper by the City to the Consultant as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this section shall include documentation setting forth in writing the reasons why it is an improper payment request.
B. Prompt Payment Certification. Consultant shall submit Caltrans Exhibit 9- P: Prompt Payment Certification (Exhibit “D”) to the City by the fifteenth (15th) of the month following the month of any payment(s). If Consultant does not make any payments to subconsultants, supplier(s), and/or manufacturers, Consultant must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit “D”.
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42 C. City must verify all Caltrans Exhibit 9-P: Prompt Payment Certification (Exhibit “D”) information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfalls to the DBE commitment and prompt payment issues until the end of the Project. City must email a copy of Caltrans Exhibit 9-P: Prompt Payment Certification (Exhibit “D”) to [email protected] before the end of the month after receiving the Exhibit 9-P from the Consultant.
10.16 Clean Air Act and Clean Water Act. If the Maximum Contract Amount exceeds $150,000, Consultant shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, Title 42 of the United States Code (U.S.C.) Section 7401 et seq., and the Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251 et seq.
Consultant shall report any violations of use of prohibited facilities to the United States Environmental Protection Agency. Consultant agrees to include this requirement in each subcontract exceeding $150,000.
10.17 Recycled Products. If the Maximum Contract Amount exceeds $150,000, Consultant shall comply with all requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended, 42 U.S.C. Section 6962, including, but not limited to, the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in subpart B of 40 CFR Part 247. Consultant agrees to include this requirement in all of its subcontracts.
10.18 Contract Work Hours and Safety Standards Act. If the Maximum Contract Amount exceeds $100,000, Consultant agrees to comply with the Federal Contract Work Hours and Safety Standards Act, 40 U.S.C. Section 3701 et seq., as supplemented by Department of Labor regulations, 29 CFR Part 5. Under 40 U.S.C. Section 3702, Consultant shall compute the wages of every mechanic and laborer, including watchmen and guards, on the basis of a standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times (1.5x) the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. The requirements of 40 U.S.C. Section 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
10.19 Prohibition on contracting for certain telecommunications and video surveillance services or equipment.
A. Pursuant to Subsections 889(a)(l)(A)-(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232), Federal funds may not be used to procure or obtain, or to enter into a contract or extend or renew a contract with an entity that uses, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, as defined. Consultant is prohibited from providing to City or the Federal Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system,
4936-0319-1675 v.1
43 unless an exception applies or the covered telecommunication equipment or services are covered by a waiver described in FAR §4.2104. As described in Section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
1. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
2. Telecommunications or video surveillance services provided by such entities or using such equipment.
3. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
10.20 Disputes; Questions of Fact.
A. Prior to either Party commencing any legal action under this Agreement, the Parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either Party may commence legal action against the other.
B. Any dispute, other than audit, concerning only a question of fact arising under this Agreement that is not disposed of by agreement shall be decided by a committee consisting of City’s Contract Officer and City Manager, who may consider written or verbal information submitted by Consultant.
C. Not later than thirty (30) days after completion of all deliverables necessary to complete the plans, specifications and estimate, Consultant may request review by the City Council of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.
D. Neither the pendency of a dispute nor its consideration by the committee will excuse Consultant from full and timely performance in accordance with the terms of this Agreement.
10.21 Caltrans Master Agreement and Program Supplement. Consultant acknowledges and agrees that the City and Consultant must comply with the Caltrans Master Agreement and Program Supplement applicable to the Project. Both the Master Agreement and Program Supplement contain requirements for all subcontractors and subconsultants performing services on this Project. As such, Consultant agrees to comply with all provisions applicable to
4936-0319-1675 v.1
44 subcontractors and subconsultants in the Master Agreement and Program Supplement, which are attached hereto as Exhibit “E” and hereby incorporated by reference and made part of this Agreement. This includes, but is not limited to, Master Agreement Article VI, Fiscal Provisions, and Article V, Audits, Third Party Contracting, Records Retention and Reports. Consultant shall also assist the City in complying with all Master Agreement and Program Supplement provisions applicable to the Services performed under this Agreement. [SIGNATURES ON NEXT PAGE]
4936-0319-1675 v.1
45 IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
“CITY”
City of Laguna Hills,
a California municipal corporation
BOB WINGENROTH,
City Manager
ATTEST:
(SEAL)
JENNIFER LEE,
City Clerk
APPROVED AS TO FORM:
GREGORY E. SIMONIAN,
City Attorney
“CONSULTANT”
By:
Nick Tarditti,
CFO/Assistant Secretary
By:
Arief Naftali,
Vice President
4936-0319-1675 v.1
59 EXHIBIT “A”
CONSULTANT’S PROPOSAL/ SCOPE OF WORK
FOR
PROJECT NAME
DATED: December 18, 2025
SCOPE OF SERVICES FOR PROJECT
INCLUDING,
SCHEDULE OF PERFORMANCE
AND
SCHEDULE OF COMPENSATION/ FEES
Proposal | 12.18.2025
PASEO DE VALENCIA AND CABOT ROAD
ACTIVE TRANSPORTATION PROJECT
CITY OF LAGUNA HILLS
1 A COVER LETTER2
B COMPANY DATA 3
C RESUMES AND QUALIFICATIONS 5
D ORGANIZATIONAL CHART 12 E EXPERIENCE AND REFERENCES 13 F PROJECT UNDERSTANDING, OVERVIEW, AND APPROACH 19
G COMMUNICATION PLAN 30 H COST PROPOSAL 30
APPENDIX A-31 I NON-COLLUSION AFFIDAVIT A-1 J COMPLIANCE WITH INSURANCE REQUIREMENTS A-2
K CERTIFICATION OF PROPOSAL A-3 L CALTRANS EXHIBIT 10-Q A-5 RESUMES A-6
Table of Contents
Psomas | Paseo De Valencia and Cabot Road Active Transportation — City of Laguna Hills
December 18, 2025
City of Laguna Hills
Attention: Joe Ames, Public Works Director
24035 El Toro Road
Laguna Hills, CA 92653
Subject: Request for Proposals | Paseo de Valencia and Cabot Road - Active Transportation Project Dear Mr. Ames:
Psomas is committed to partnering with the City of Laguna Hills and is pleased to submit our proposal to support the successful delivery of the Paseo de Valencia and Cabot Road Active Transportation Project. This corridor connecting Paseo de Valencia and Cabot Road with existing and future trails on each end will create a vital link for residents, schools, shopping centers, and parks, and is central to the City’s vision for enhanced mobility and safety.
Our team understands the City’s goals to modernize this corridor, close gaps in high-quality bikeways, and improve pedestrian and bicycle safety for all users. We propose context-sensitive solutions that address ADA compliance, bicycle infrastructure, and crossing enhancements, in alignment with the RFP’s requirements for Project Approval and Environmental Documentation (PAED) and Plans, Specifications, and Estimate (PS&E) phases. Our approach includes upgraded signals, high-visibility crosswalks, ADA-compliant ramps, and integration of Class IV bike lanes, designed to balance community needs and future growth.
Psomas will coordinate closely with City staff and stakeholders to ensure seamless integration with ongoing and future projects, and to incorporate feedback from public outreach and community engagement events as outlined in the RFP. Our multidisciplinary team brings proven experience in federally funded active transportation projects, stakeholder engagement, and local delivery. We have successfully completed at least three PAED projects in the past five years, demonstrating our capacity to meet the City’s requirements.
As Vice President, I am authorized to make representations for Psomas, a California S corporation. Psomas has reviewed and is ready to execute the City's standard form draft Professional Services Agreement, as amended to incorporate Federal regulations. Our team is also open to discussing our final fee to fit the City's available budget and move this project forward.
Thank you for considering our proposal. We look forward to partnering with the City of Laguna Hills to deliver a safer, more accessible Paseo de Valencia and Cabot Road corridor.
Sincerely,
Tom Herbel, PE, QSD Arief Naftali, PE, TE
Vice President/Project Manager Vice President/Principal-in-Charge T: 714.481.8014 T: 714.481.7956
E: [email protected] E: [email protected] 5 Hutton Centre Drive Suite #300
Santa Ana, CA 92707
Tel 714.751.7373
Fax 714.545.8883
www.Psomas.com
Balancing the Natural and Built Environment
3 B Company Data
1. Official Name and Address
Psomas
5 Hutton Centre Drive
Suite 300
Santa Ana, CA
2. Primary Contact Information
Contact: Tom Herbel, PE, QSD
Title: Project Manager
Phone: 714.481.8014
Email: [email protected]
Address:
5 Hutton Centre Drive, Suite 300
Santa Ana, CA
3/4. Entity Information
Psomas is a California corporation, established in 1946.
Documentation such as Articles of Incorporation and
corporate resolutions granting signatory authority are
available in the following pages.
CA Secretary of State Entity Number: C0705477
Federal Employer I.D. Number: 95-2863554
5. Financial Management
System
The firm maintains a robust financial management and
accounting system in full compliance with 48 CFR Part
16.301-3, 2 CFR Part 200, and 48 CFR Part 31, applying
Generally Accepted Accounting Principles (GAAP). This
system enables segregation and tracking of project costs, internal controls for audit compliance, and timely reporting in line with federal and state requirements.
6. Firm Locations and Contacts
Psomas operates offices throughout California (Auburn,
Los Angeles, Pasadena, Riverside, Roseville, Sacramento, San Diego, Santa Ana, Santa Clarita, Santa Fe Springs,
Walnut Creek), and is also established in Arizona, Utah, and Washington. Each office is equipped with appropriate technical and managerial contacts to support and deliver projects of any scale. Office contact information is available on the following page.
7. Ownership and Experience
Psomas is fully owned by its employee shareholders. With nearly 80 years in continuous operation and since 1999
under only the Psomas name, the firm delivers full-service consulting, including civil engineering, environmental
planning and resource management, survey and geospatial services, and, construction and project management.
8/9. Years in Business providing
Similar Services for Similar
Projects
79 years
10. Comparable Contracts
within the Last 5 Years
Comparable Contracts within the Last 5 Years
Please refer to the Appendix for a list of comparable
contracts entered into during the last five years, completed or not.
11. Contract Failures/Refusals
Psomas has no failures or refusals to report.
12. Individuals/Firms who own
an interest of 10% or greater in
the proposing firm.
ESOP owns more than 10% but is not a person
13. Financial interests in other
lines of business.
Psomas has no financial interests in other lines of business.
14. Litigation and Termination
History
Psomas demonstrates transparency by disclosing all
litigation or adverse judgments related to professional services within the past five years. There have been no contract terminations for cause in the last five years. Further information and supporting documentation can be promptly provided upon request to maintain full compliance and
transparency.
15. Termination of Contract “For
Cause” History.
Psomas has no termination of contract "for cause" history.
Psomas | Paseo De Valencia and Cabot Road Active Transportation — City of Laguna Hills
4 California
Auburn
11661 Blocker Drive
Suite 200
Auburn, CA 95603
530.885.7072
Los Angeles
865 S. Figueroa Street
Suite 3200
Los Angeles, CA 90017
213.223.1400
Pasadena
150 South Arroyo Parkway
Suite 102
Pasadena, CA 91105
626.351.2000
Riverside
1650 Spruce Street
Suite 400
Riverside, CA 92507
951.787.8421
Roseville
1410 Rocky Ridge Drive
Suite 300
Roseville, CA 95661
916.788.8122
Sacramento
3550 Watt Avenue
Suite 140
Sacramento, CA 95821
916.979.7640
San Diego
401 B St. Suite 1600
Wells Fargo Plaza
San Diego, CA 92101
619.961.2800
Santa Ana
5 Hutton Centre Drive
Suite 300
Santa Ana, CA 92707
714.751.7373
Santa Clarita
27200 Tourney Road
Suite 400
Santa Clarita, CA 91355
661.219.6000
Santa Fe Springs
10032 Pioneer Boulevard
Santa Fe Springs, CA 90670
909.993.5800
Walnut Creek
1660 Olympic Boulevard
Suite 300
Walnut Creek, CA 94596
925.933.2300
Arizona
Tucson
1745 E. River Road
Suite 245
Tucson, AZ 85718
520.292.2300
Utah
Salt Lake City
11456 South Temple Drive
Suite 200
South Jordan, UT 84095
801.270.5777
Washington
Seattle
3131 Elliott Ave.
Suite 400
Seattle, WA 98121
206.286.1640
Tacoma
2502 Jefferson Ave.
Tacoma, WA 984021
253.627.0720
Wenatchee
23 S. Wenatchee Ave.Suite
223
Wenatchee, WA 98801
509.663.2711
Office Locations
Professionals from our
local Santa Ana office
will be serving the City
of Laguna Hills on this
project.
Psomas | Paseo De Valencia and Cabot Road Active Transportation — City of Laguna Hills
5 C Resumes and Qualifications
Personnel Staffing Plan
The Psomas team is dedicated to providing quality professional services, underpinned by a personnel staffing plan structured to deliver the utmost competence and experience for the Paseo de Valencia and Cabot Road Active Transportation Project.
We strive to present a team that meets and exceeds the City’s expectations for this multi-phase undertaking.
The staffing plan for this project is meticulously developed to reflect the specific requirements of the RFP, focusing on a thoughtful allocation of resources. It details the precise roles and responsibilities of each team member, striving for a cohesive and efficient project execution. We prioritize completeness and clarity in our team composition, aiming to provide a clear description of how our collective skills will contribute to the project’s success.
Project Leadership and Client Liaison
We recognize the critical importance of having skilled professionals in key roles. Our team includes Tom Herbel, PE, QSD as Project Manager and Management Contact (representative authorized to sign an agreement and act as the primary point of contact) and Arief Naftali PE, TE, EE, RSP1, ENV SP, as Principal-in-Charge, each of whom bring substantial experience to their respective positions. Their professional credentials and track records demonstrate their ability to manage and execute the complex tasks involved in the Project Approval and Environmental Documentation (PAED) and Plans, Specifications, & Estimate (PS&E) phases.
Our firm understands and accepts the restriction on changing the Management Contact, staff, and specialists without prior written permission from the City, underscoring our commitment to team stability throughout the agreement’s term. In the event of unforeseen circumstances requiring personnel changes, a clear transition plan will be presented to minimize any disruption to the project schedule or quality of work.
Our Trusted Advisors
To meet the diverse technical and community-focused requirements of the Paseo de Valencia and Cabot Road Active Transportation Project, our team includes a group of subconsultants selected for their specialized capabilities and familiarity with the project’s scope. These firms— Alta, CirclePoint, and GMU—bring targeted experience in transportation planning, community outreach, traffic engineering, geotechnical analysis, landscape architecture, and multimodal design. Each subconsultant contributes to a collaborative delivery model that supports the City’s goals for corridor modernization, regulatory compliance, and stakeholder engagement, while maintaining continuity across all phases of design and implementation.
The Psomas Staffing Approach
Our approach to staffing reflects our firm’s dedication to assembling a skilled and cohesive team capable of addressing all facets of the Paseo de Valencia and Cabot Road Active Transportation Project. We are confident that our proposed personnel possess the necessary experience, technical ability, and collaborative spirit to deliver quality outcomes for the City of Laguna Hills.
Our commitment to transparent reporting and consistent communication further supports our ability to manage this project to a successful conclusion. We continually strive to adapt and refine our staffing strategies to meet the evolving needs of complex projects like this one, always with an eye toward improving project delivery and client satisfaction.
Our team’s collective experience spans a broad spectrum of civil engineering and transportation planning, providing a robust foundation for this multi-phase project. Our Principal-in-Charge and Project Manager, with their extensive backgrounds in working for and with public agencies, will Tom Herbel,
Psomas'
Project
Manager
Arief Naftali,
Psomas'
Principal-inCharge
Psomas | Paseo De Valencia and Cabot Road Active Transportation — City of Laguna Hills
6 provide consistent leadership from the initial PAED studies through the detailed PS&E development. This continuity is crucial for maintaining project knowledge and momentum
across phases. We understand that the project’s success hinges on adherence to Caltrans Highway Design Manual
(HDM) standards, federal funding requirements, and local City codes.
Our personnel are not only experienced in these areas but also committed to continuous professional development,
regularly updating their knowledge to reflect the latest industry practices and regulatory changes. This dedication confirms that our solutions are current, compliant, and forward-thinking.
Collaborative Approach
Collaboration is central to our approach. Tom Herbel,
our designated Management Contact will, work in close
partnership with the City’s Project Manager, establishing clear communication protocols and regular progress
meetings. This collaborative framework is designed to
facilitate timely decision-making, address challenges
proactively, and endeavor that the City is consistently informed of project status. We believe that open and
frequent dialogue is essential for aligning our efforts with the City’s vision and objectives.
Team of QA/QC Professionals
Our firm’s quality assurance and quality control (QA/QC) processes are integral to our staffing plan. Each team
member is trained in our rigorous QA/QC procedures, which are applied at every stage of the project, from data collection and preliminary design to environmental documentation and final plan preparation. This systematic approach, coupled with the experience of our personnel, helps to identify and mitigate potential risks, striving for quality deliverables that meet all project specifications and City standards.
We are particularly mindful of the community engagement aspect of this project, and our team includes individuals with proven experience in public outreach, capable of
soliciting and integrating stakeholder feedback effectively into the design process. This comprehensive staffing
strategy is designed to provide the City of Laguna Hills with a professional and reliable partner for this significant active transportation initiative.
Resumes
Comprehensive one-page resumes for all assigned staff
members are provided in an appendix to our proposal.
Psomas' Santa Ana office on Hutton Centre where
professionals dedicated to this project will serve the City Psomas | Paseo De Valencia and Cabot Road Active Transportation — City of Laguna Hills
7 Project Team
Tom Herbel, PE, QSD will serve as the Project Manager
and is dedicated to the successful delivery of the Paseo de Valencia and Cabot Road Active Transportation Project.
As a public works leader, Tom upholds high standards of professionalism, project performance, and consistent
collaboration with multidisciplinary teams. He brings an unwavering commitment to quality management and
compliance, aligning project objectives with municipal and state requirements.
Tom directs all phases of project development, from early scoping to close-out. He leverages extensive industry
knowledge in tasking and schedule management for multiphase assignments, and excels at overseeing production, resource assignment, and communications. His leadership style prioritizes clear deliverables, diligent oversight, and a responsive approach to client and stakeholder needs. Having served as Deputy Public Works Director/City Engineer
at the City of Huntington Beach for 13 years, Tom, along with our proposed team, will bring their experiences and knowledge facilitate successful delivery of the design of the Paseo de Valencia and Cabot Road Active Transportation
Project.
Staff Introductions and Availability
The following pages include descriptions and availability of key staff who will aid in accomplishing the scope of work.
One-page resumes are available in the appendix.
Tom Herbel, PE, QSD
PROJECT MANAGER
Tom has 37 years of experience
in public works and project
management, including 13 years
as the Deputy Director of Public
Works and City Engineer for the
City of Huntington Beach with a
proven track record of directing,
administering, and strategically planning large-scale capital improvement programs. While at the City of Huntington
Beach, Tom was in charge of building over half a billion dollars in infrastructure. He excels in overseeing infrastructure projects involving street construction, sewer and drainage systems, water facilities, and public building rehabilitation.
Thomas is highly skilled in coordinating civil engineering reviews, managing multidisciplinary teams, and ensuring compliance with regulatory standards. His expertise includes budget development, process optimization, and stakeholder negotiation, consistently delivering successful outcomes for complex municipal and public works initiatives.
Relevant Project Experience:
Utica Bicycle Boulevard, Huntington Beach, CA
Banning Avenue Mobility Enhancements, Huntington
Beach, CA
BluffTop Class IV Multi-Use Trail, Huntington Beach, CA Delaware Street Class IV Bike Lanes, Huntington Beach, CA Arief Naftali, PE, TE, EE, RSP1,
ENV SP
PRINCIPAL-IN-CHARGE
Arief Naftali is a licensed civil, traffic,
and electrical engineer in California
with 25 years of hands-on professional
experience in the design and
management of various road, traffic,
civil, site, highway, and engineering
projects serving multiple local and regional agencies in Southern California, including Caltrans. Arief is adept in roadway infrastructure, site development, active transportation, traffic engineering, outdoor electrical, and transportation planning projects, delivering improvement needs to local and regional communities alike. His extensive experience in Complete Streets projects and alignment with the City of Pasadena's project requirements make Arief the most qualified candidate to lead the Columbia Street Multimodal Improvements Project. His proven abilities in project management, engineering design, and community engagement make him an ideal choice to fulfill the City’s goal of developing a comprehensive, safe, and multi-modal transportation network for the City.
Relevant Project Experience:
Cordova Street Complete Streets Project, Pasadena, CA Eastern Avenue Multi-Modal Transportation Improvement Project, Los Angeles, CA
Hyperion Avenue and Glendale Boulevard Intersection
Improvements (TOS 004E),
Los Angeles, CA
Madison Avenue Safety Improvements, El Cajon, CA
Alejandro Angel, PhD, PE, PTOE,
RSP2I
QA/QC MANAGER
Alejandro is the Director of Engineering
for Psomas, holds a PhD degree in traffic
engineering from the University of
Arizona, and is a Registered Professional
Engineer in Arizona, California, New
Mexico, and Utah. Alejandro is a certified Professional Traffic Operations Engineer (PTOE) and one of the few consultants nationwide to be certified as a Level 2 Road Safety Professional (RSP2i). Alejandro's experience includes numerous traffic engineering studies for public and private projects, safety evaluations, the development of engineering standards and policies, and the planning and design of roadway and active transportation projects, roundabouts, traffic signal systems, and Intelligent Transportation Systems. Alejandro and his team have completed projects in Arizona, Utah, California, Washington, the 60% Availability
50% Availability
55% Availability
Psomas | Paseo De Valencia and Cabot Road Active Transportation — City of Laguna Hills
8 Middle East, and South America; and his research has been presented by ASCE, ITE, TRB, and IEEE.
Relevant Project Experience:
Cordova Street Complete Streets Project,
Pasadena, CA
Eastern Avenue Multi-Modal Transportation
Improvement Project, Los Angeles, CA
Hyperion Avenue and Glendale Boulevard Intersection
Improvements (TOS 004E), Los Angeles, CA
Madison Avenue Safety Improvements, El Cajon, CA
Brandon Pence, PE, ENV SP
TASK 1 ENGINEERING LEAD
Brandon Pence has eight years
of civil engineering experience
designing transportation and
multi-modal improvement projects
in Southern California. Brandon
has experience with a variety of
transportation elements such
as signal design, signing and striping, signal modification, traffic control, bicycle and pedestrian facilities, and other street improvement components. Brandon is proficient in AutoCAD, Civil 3D, and MicroStation. Brandon is also wellversed in a multitude of local design standards and guidelines.
Relevant Project Experience:
Cordova Street Complete Streets Project,
Pasadena, CA
Eastern Avenue Multi-Modal Transportation
Improvement Project, Los Angeles, CA
Hyperion Avenue and Glendale Boulevard Intersection
Improvements (TOS 004E),
Los Angeles, CA
Madison Avenue Safety Improvements,
El Cajon, CA
Tom Krizenesky, PE
TASK 2 ENGINEERING LEAD
Tom Krizenesky brings over
28 years of robust experience in
civil engineering, with a specialized
focus on street and highway
design and construction. His
expertise spans the full lifecycle of
transportation projects—from scoping and bwudgeting
to design, construction, and post-construction evaluation.
He has successfully designed and developed scopes,
schedules, budgets for approximately 40 highway projects annually. His approach integrates life-cycle cost analysis, multimodal improvements, and long-range corridor planning, demonstrating a strategic mindset and commitment to
sustainable and cost-effective solutions.
Relevant Project Experience:
Crown Valley Parkway Westbound Widening
(Amendment 5), Laguna Niguel, CA
Orangewood Complete Streets, Stanton, CA
PN 906 Avenue T Street Improvement Project,
Palmdale, CA
West Santa Ana Branch Bikeway Phase 2, Paramount, CA
Tim Hayes, PE, QSD
FEDERAL FUNDING SUPPORT
(NEPA/E-76)
Tim Hayes has 32 years of experience
and is adept at problem-solving
and building consensus as a Project
Manager of time-sensitive projects.
His experience includes the planning
and design of infrastructure and transportation improvements, including work on numerous planning strategies; preliminary design reports; project reports; project study reports; and final plans, specifications, and estimates (PS&Es) for various agencies and municipalities throughout California.
Relevant Project Experience:
Cordova Street Complete Streets Project, Pasadena, CA Eastern Avenue Multi-Modal Transportation
Improvement Project, Los Angeles, CA
Hyperion Avenue and Glendale Boulevard Intersection
Improvements (TOS 004E), Los Angeles, CA
Eastern Avenue Multi-Modal Transportation
Improvement Project, Los Angeles, CA
Madison Avenue Safety Improvements, El Cajon, CA
Additional Staff Bios
Descriptions of other professionals, as well as those of our subconsultants, are provided on the next few pages.
65% Availability
65% Availability
65% Availability
Psomas | Paseo De Valencia and Cabot Road Active Transportation — City of Laguna Hills
9 Meet Our Project Team Staff
Shayesteh Vafai, EIT, ENV SP | TASK 1, PAED PHASE: CONCEPT/PRELIMINARY ENGINEERING DOCS - Psomas Shayesteh Vafai is a civil transportation engineer with 14 years of experience in design, development, and task management of transportation projects. As a relationship builder, she excels at collaborating with clients, contractors, and government agencies to meet or exceed design, quality, timeline, and budget expectations.
Tim Chan, PE | TRAFFIC ENGINEERING AND ITS - Psomas
Tim Chan is a registered civil engineer with 13 years of experience specializing in transportation planning and traffic engineering design. He manages planning and design tasks, developing complex staging, traffic control, and traffic signal plans while coordinating with multiple parties. He has extensive knowledge of design guidelines established by the California Manual on Uniform Traffic Control Devices (CA MUTCD), Caltrans, and local jurisdictions.
Nam Nguyen, EIT, ENV SP | TRAFFIC ENGINEERING AND ITS - Psomas With more than 11 years of experience, Nam has been responsible for various design and drafting assignments focusing on public works and transportation projects. Having successfully developed many traffic engineering construction documents, he is well-versed in the guidelines and standards that govern the making of geometric/signing, striping, traffic control, signal modification, and street improvement plans.
Steve Price, PLS | TOPOGRAPHIC SURVEY - Psomas
Steve Price has 34 years of experience in providing surveying and mapping services for public agencies. He has been responsible for generating boundary, ALTA, topographical, and construction surveys; scheduling field crews; and preparing work proposals and estimates, property calculations, legal descriptions, Records of Survey, and plats.
Robert Salit, PLS | RIGHT-OF-WAY - Psomas
Robert Salit has 46 years of professional land surveying experience, specializing in boundary determinations, deed analysis, topographic surveying, ALTA surveys, subdivision mapping, and Record of Surveys. As a Senior Project Surveyor with Psomas, Robert is responsible for planning and coordinating ALTA, design, and as-built, architectural, utility, topographic, and right-of-way surveys.
With Psomas for 4 years; with other firms for 10 years
55%
AVAILABILITY
65%
With Psomas for 1 year; with other firms for 12 years
AVAILABILITY
60%
With Psomas for 11 years
AVAILABILITY
AVAILABILITY
55%
With Psomas for 10 years; with other firms for 24 years
AVAILABILITY
75%
With Psomas for 17 years; with other firms for 29 years Psomas | Paseo De Valencia and Cabot Road Active Transportation — City of Laguna Hills
10 Meet Our Project Team Staff
Darlene Yellowhair, PE, TE, PTOE, RSP2I, ENV SP | SAFETY ANALYSIS - Psomas Darlene has extensive experience with a variety of traffic engineering projects, including traffic impact studies, traffic reports, safety studies, signal warrant studies, corridor studies, signal timing and coordination, signing and striping design, and traffic signal design. Darlene is well-versed in Synchro, SimTraffic, HCS, SIDRA, and InRoads.
Alia Hokuki, AICP | ENVIRONMENTAL - Psomas
Alia brings over 30 years of experience in the environmental and policy planning field with a focus on environmental impact assessments for public and private sector clients. Alia's capabilities include the preparation and management of environmental compliance documents pursuant to the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA).
Sean Noonan | ENVIRONMENTAL - Psomas
Sean Noonan is an Environmental Planner and Project Manager with 15 years of experience preparing environmental documents pursuant to the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). Sean is also experienced in coordinating with regulatory agencies to obtain regulatory permits.
Vincent Hellens, ENV SP, QSD/P | TRAFFIC ENGINEERING - Alta Vincent has extensive experience with a variety of traffic engineering projects, including traffic impact studies, traffic reports, safety studies, signal warrant studies, corridor studies, signal timing and coordination, signing and striping design, and traffic signal design. Vincent is well-versed in Synchro, SimTraffic, HCS, SIDRA, and InRoads.
Sasha Fox, PE | TRAFFIC ENGINEERING - Alta
Sasha is a licensed Civil Engineer in California with a decade of experience in transportation projects. She has successfully delivered projects in roadway rehabilitation and improvements, pedestrian accessibility (ADA) improvements, new and improved transportation hubs, railroad crossings, and Complete Streets design.
65%
With Psomas for 10 years; with other firms for 20 years
AVAILABILITY
60%
AVAILABILITY
AVAILABILITY
55%
With Alta for 10 years; with other firms for 20 years
AVAILABILITY
75%
With Alta for 1 year; with other firms for 10 years
65%
With Psomas for 20 years
AVAILABILITY
with Psomas for 7 years; with other firms for 8 years
Psomas | Paseo De Valencia and Cabot Road Active Transportation — City of Laguna Hills
11 Meet Our Project Team Staff
Ryan Booth, PLA | LANDSCAPE DESIGN - Alta
Ryan draws on 16 years of multidisciplinary consulting practice to plan, design and build active transportation facilities that move people. He excels at developing innovative design strategies, handling project details, and leading teams. Ryan’s well-rounded understanding of transportation, landscape architecture, and placemaking brings a multi-benefit lens to his project work.
Susan Harden, FAICP, CNU-A | COMMUNITY OUTREACH - Circlepoint Susan J. Harden, FAICP, CNU-A, LEED AP, has a broad background in community development, engagement, and planning. For close to thirty years, she has built her career around community-based planning and visioning, striving to create a network of healthier, more livable communities.
She has provided community engagement and planning services to public and private sector clients across the country.
Roger Schlierkamp, MSc, PE | PAVEMENT ENGINEERING - GMU Roger possesses over 15 years of experience in pavement engineering and leads GMU’s comprehensive range of pavement engineering services, including pavement evaluations/designs, PS&E development, construction management, observation and testing, mix design development, and pavement management planning.
Amina Mannan, PhD, PE | PAVEMENT ENGINEERING - GMU
Amina is a highly experienced senior pavement and geotechnical engineer with 15 years of experience in pavement engineering and 5 years of experience in geotechnical engineering projects. Her expertise includes pavement condition assessment, material testing, pavement evaluation/ design, pavement condition index, specification development, and mix design development projects.
Michel El Sebaaly, MSc, EIT | PAVEMENT ENGINEERING - GMU Michel has been involved in a wide variety of projects that are related to pavement designs, laboratory testing, data analysis, pavement rehabilitation and preservation. Michel’s his current work includes supporting a wide-range of pavement construction projects for multiple cities and private communities, and pavement engineering projects, including pavement evaluations, pavement field explorations, proposals and cost estimates preparation, and network-level pavement management plans.
With Circlepoint for 5 years; with other firms for 24 years 60%
AVAILABILITY
With Alta for 8 years; with other firms for 8 years
AVAILABILITY
80%
With GMU for 12 years; with other firms for 3 years
60%
AVAILABILITY
With GMU for 2 years; with other firms for 13 years
60%
AVAILABILITY
60%
AVAILABILITY
With GMU for 4 years
Psomas | Paseo De Valencia and Cabot Road Active Transportation — City of Laguna Hills
12 D Organizational Chart
Capable and
Available Staff
Dedicated professionals at Psomas, Alta, Circlepoint,
and GMU are prepared to undertake this project
immediately. The organization chart below showcases
the names and responsibilities of our proposed key
leads that will work on this project:
CITY OF
LAGUNA HILLS
Joe Ames, PE
Public Works Director
CONCEPT/PRELIMINARY
ENGINEERING DOCS
*Brandon Pence,PE, ENV SP
Shayesteh Vafai, EIT, ENV SP
PSOMAS
FEDERAL FUNDING SUPPORT
(NEPA/E-76)
Tim Hayes, PE, QSD
PSOMAS
TRAFFIC ENGINEERING
Tim Chan,PE
Nam Nguyen,EIT, ENV SP
PSOMAS
Vincent Hellens, ENV SP
Sasha Fox, PE ALTA
TOPOGRAPHIC SURVEY,
RIGHT-OF-WAY
Steve Price, PLS
Robert Salit, PLS
PSOMAS
SAFETY ANALYSIS
Darlene Yellowhair, PE, TE, PTOE,
RSP2I, ENV SP
PSOMAS
ENVIRONMENTAL
Alia Hokuki,AICP
Sean Noonan
PSOMAS
COMMUNITY OUTREACH
Susan Harden
CIRCLEPOINT
Task 1: PAED Phase
BID/CONSTRUCTION SUPPORT
Tom Herbel, PE, QSD
Brandon Pence, PE,ENV SP
PSOMAS
Task 2a: Bid Support and
Construction Phase Services
LEGEND
* = Key leads
Alejandro Angel, PhD, PE, PTOE,
RSP2I
PSOMAS
QA/QC Manager
*Tom Herbel, PE, QSD
PSOMAS
Project Manager
*Arief Naftali, PE, TE, EE, RSP1,
ENV SP
PSOMAS
Principal-in-Charge
ROADWAY/COMPLETE STREET
Brandon Pence, PE, ENV SP
Tom Krizenesky, PE
PSOMAS
TRAFFIC ENGINEERING AND ITS
Signal, Signing/Striping, Lighting, Stage
Construction
Tim Chan, PE
Nam Nguyen, EIT, ENV SP
PSOMAS
Signal Timing
Darlene Yellowhair, TE, PTOE,
RSP2I, ENV SP
PSOMAS
LANDSCAPE DESIGN
Ryan Booth, PLA
Kathleen McKernin, PLA
ALTA
COMMUNITY OUTREACH
Susan Harden, FAICP, CNU-A
Jonathan Winslow
Simon Stahl
CIRCLEPOINT
PAVEMENT ENGINEERING
Roger Schlierkamp, MSc, PE
Amina Mannan, PhD, PE
Michel El Sebaaly, MSc, EIT
GMU
Task 2: PS&E Final Engineering
(Plans, Specs, and Estimates)
Key Staff Roles and
Responsibilities
Each key staff member is assigned
duties aligned with their expertise and
will remain throughout the contract
term. The Project Manager serves
as the primary point of contact,
coordinating schedule, deliverables,
and communication with City staff.
The team’s collective experience
supports robust decision-making and
timely issue resolution.
Transition Plan for Key
Personnel
Should unforeseen changes in key
personnel arise, the firm will promptly
consult with the City, recommend
qualified replacements, and provide
transition support to maintain
project continuity and uphold quality
standards.
Psomas | Paseo De Valencia and Cabot Road Active Transportation — City of Laguna Hills
13 E Experience and References
Demonstrating Varied
Experience and Unique Value
for Laguna Hills
Tom's Varied Experience Across
Public and Private Sectors
With over 35 years of progressively responsible leadership in civil engineering, Tom brings a rare blend of expertise from both private engineering firms and public agency
service. His career began in the private sector, where he held senior management roles at respected firms such as URS
Corporation and Psomas. There, he led multidisciplinary teams, managed complex municipal projects, and developed best-in-class standards for quality assurance and project delivery. His work spanned street rehabilitation, water and sewer facilities, storm drain systems, and traffic
engineering—serving cities and agencies throughout
Southern California.
Transitioning to public service, he has spent the last 13 years as Deputy Director of Public Works/City Engineer for the City of Huntington Beach. In this role, he has directed, managed, and strategically planned the City’s Capital Improvement Program (CIP), overseeing the design and construction of critical infrastructure: streets, water, sewer, and storm drain pump stations, potable water systems, public buildings, and more. His responsibilities included coordinating
private development review, entitlement processes, and
construction administration for all client departments. Proven Delivery: Over $500 Million in CIP Infrastructure Tom's tenure at Huntington Beach is marked by the
successful delivery of over half a billion dollars in CIP infrastructure. This includes major street construction and rehabilitation, flood control, water production and distribution, and public facility upgrades. Tom has personally managed or designed over 40 public works projects,
consistently delivering on time and within budget. His
refined negotiation skills and consensus-building approach have enabled him to reach agreements among diverse
stakeholders, including Federal, State, and local agencies.
WHY THIS MATTERS FOR LAGUNA HILLS
The City of Laguna Hills is seeking a consultant who not only understands the technical requirements of the Paseo de Valencia and Cabot Road Active Transportation Project, but who also brings the strategic vision and operational experience to deliver federally funded, multi-phase
infrastructure projects. Tom's background aligns perfectly with these needs:
Federal and State Compliance: Extensive experience
managing projects funded by CMAQ, STBG, and other
federal sources, ensuring strict adherence to Caltrans
LAPM, NEPA, CEQA, and local requirements.
Project Management Excellence: Demonstrated
ability to lead large teams, manage complex schedules,
and maintain robust project controls and financial
management systems.
Community Engagement: Proven track record in public
outreach, stakeholder engagement, and consensusbuilding—essential for projects requiring broad community support and input.
Technical Mastery: Deep knowledge of city challenges, environmental compliance, utility coordination, and
sustainable design, as evidenced by my leadership on the APWA National Center for Sustainability Committee.
“Knowing Your Business”—Immediate Value for
Laguna Hills
Tom understands the business of municipal public works
from every angle—having worked as both a consultant and a City Engineer. He knows what it takes to move projects from concept to completion, navigating regulatory hurdles, public concerns, and technical complexities. Tom's experience with Huntington Beach’s CIP program is directly relevant to Laguna Hills’ goals for mobility, safety, and sustainable infrastructure.
Tom is ready to deliver the same level of excellence and innovation for Laguna Hills, leveraging my proven methods and relationships to maximize grant funding, accelerate project delivery, and ensure long-term community benefit.
With over 35 years of leadership in civil engineering across both private firms and public agencies, Tom offers a unique blend of technical expertise and strategic vision. His experience spans senior management roles at URS Corporation and
Psomas, where he delivered complex municipal projects, and 13 years as Deputy Director of Public Works/City Engineer for Huntington Beach, overseeing more than $500 million in Capital Improvement Program infrastructure. Tom brings
proven success in managing federally funded, multi-phase projects with strict compliance to Caltrans LAPM, NEPA, and CEQA, while leading large teams, engaging communities, and building consensus among diverse stakeholders. This depth of experience—combined with his mastery of city challenges, sustainability practices, and grant optimization—positions Tom to deliver the Paseo de Valencia and Cabot Road Active Transportation Project with excellence, efficiency, and longterm community benefit.
Psomas | Paseo De Valencia and Cabot Road Active Transportation — City of Laguna Hills
14 Transportation and Traffic Engineering Strengths
Psomas has a long-standing history of delivering transportation solutions that support mobility, safety, and community connectivity. Over the past decade, the firm has provided engineering, surveying, planning, environmental, construction , and program management services for State, Federal, and locally funded bridge, roadway, and highway projects.
Repeat clients include the City of Laguna Beach, City of Huntington Beach, City of Irvine, Los Angeles Bureau of Engineering (BOE), City of Pasadena, City of Inglewood, Caltrans, and the Ports of Long Beach and Los Angeles. Primary services for transportation-related projects include:
Roadway and Highway Planning and Engineering Design
Program Management Services
Active Transportation Planning and Engineering
Environmental Planning and Documentation
Design Surveys and Right-of-Way Engineering and Mapping Construction Observation and Contract Administration
Constructability Reviews
Structures and Bridge Engineering
Over the past five years, Psomas has completed more than 30 Complete Streets and Active Transportation projects similar to the Paseo de Valencia and Cabot Road Active Transportation Project. Those projects are located throughout California with many completed in Southern California, illustrated on the following page.
Psomas' Recent Complete Streets and Active Transportation Projects Psomas | Paseo De Valencia and Cabot Road Active Transportation — City of Laguna Hills
15 Public Agency References
Psomas brings over three decades of proven experience in delivering comprehensive multi-disciplined services to public agencies throughout California. Our extensive portfolio showcases our relevant project experience and provides
references that highlight our capabilities in Project Approval and Environmental Documentation (PAED) development,
public outreach programs, and preliminary engineering design work.
Our track record speaks to our ability to navigate complex regulatory environments while maintaining strong
relationships with stakeholders at all levels. From complete streets improvements and active transportation projects to environmental compliance and infrastructure development, Psomas has consistently delivered projects that meet
technical requirements, budget constraints, and schedule commitments.
The projects presented on the following pages represent our most relevant experience over the past five years,
demonstrating our proficiency in managing multifaceted
transportation and infrastructure projects similar in scope and complexity to the Paseo de Valencia and Cabot Road
Active Transportation Project.
Our approach to project delivery emphasizes collaboration and transparency. We work closely with our clients to
understand their unique challenges and objectives,
developing tailored solutions that address both immediate needs and long-term goals. Our experienced project
managers endeavor to maintain open lines of communication throughout the project lifecycle, providing regular updates and proactively addressing potential issues before they impact project schedules or budgets.
The Eastern Avenue MultiModal Transportation
Improvement Project is a
1.5-mile Complete Streets
corridor located east of
downtown Los Angeles. The
project will provide street and
infrastructure improvements
to increase safety and mobility,
pedestrian and bike facilities, transit accessibility
improvements, and other traffic safety enhancements.
The project is also intended to increase transit services, connectivity to significant destinations, transit ridership, and improve access to employment centers, educational facilities, health care facilities, parks and recreational centers. Coordination with the neighborhood community and understanding their wants and needs is a critical component of the project. Additionally, identification, consideration, and application of future transportation technologies is a City directive for the project.
Technologies considered and benefits to the corridor include: interconnected traffic signals with ATSAC system to allow for optimization of traffic flows by LADOT. As more vehicles become autonomous, the system can be modified and evolve with the technology; modernization of traffic signal equipment including intelligent controllers, power over ethernet (POE) network switches for video recognition of bikes and peds, and upgrades to the poles to allow for additional technology to be added, such as Metro's NextGen radio service for buses. These upgrades will prepare the corridor for the future and will increase bike and ped safety; micro-trenching for broadband service so transit shelters can be fed with internet service. This service will inform users of expected arrival times, and allow for digital advertisement panels which are just starting to be rolled out by StreetsLA and Metro; space planning for potential use of micro mobility
CLIENT CONTACT
Kevin Avila
City of Los Angeles
213.485.1169
[email protected]
PSOMAS SERVICE DATES
February 2021 - September 2025
(Complete Design)
Eastern Avenue Multi-Modal
Transportation Improvement
Project – Psomas
Los Angeles, CA | City of Los Angeles
Relevance to Project
Multimodal
improvements
Complete Street safety
improvements
Sidewalk, ADA, and
bicycle improvements
Public engagement
Constrained right-of-way
Psomas | Paseo De Valencia and Cabot Road Active Transportation — City of Laguna Hills
16 services such as electric scooters and bicycles. These first mile/last mile solutions will help improve regional and local connectivity with the improved transit systems along redeveloped Huntington Drive and Valley Boulevard corridors; as project lead, Psomas proposed these innovations to the City of Los Angeles Bureau of Engineering, and met with multiple technical stakeholders including Metro, 710 North Mobility Hubs Plan - Steering Committee, LADOT Complete Streets Committee, LADWP, and StreetsLA.
Extensive community engagement with local schools, senior center, historical society, and community groups led to consensus on a 4-3 roadway conversion to improve neighborhood safety and implement community amenities. The preliminary engineering phase, including two community meetings, was delivered in 12 months, followed by an approximate 9-month environmental approval phase. Psomas provided project management, surveying, civil engineering, and environmental services.
Relevance to Project
Multimodal improvements
Focus on transit stations
Complete Street safety
improvements
Sidewalk and ADA improvements
Public engagement
Constrained right-of-way
Eastern Avenue Multi-Modal Transportation
Improvement Project – Psomas (Cont.)
Los Angeles, CA | City of Los Angeles
The City of
Pasadena led
the way in
developing
balanced
policies
involving
the mobility
choices
of all. The
City retained Psomas to develop preliminary
engineering design alternatives to provide
recommendations for the project scope,
followed by final construction PS&E for the
Cordova Street Complete Streets Project. The project improved safety along Cordova Street with Class II buffered bike lanes, bicycle detection, street resurfacing, pedestrian ADA accessibility upgrades, and water quality improvements. This project created a Complete Streets environment and promotes a livable community where people can circulate without cars. Cordova Street between Hill Avenue and Marengo Avenue was reconfigured from two lanes in each direction to one lane in each direction, adding fivefoot bicycle lanes adjacent to an eight-foot parking lane (where practical). In addition, Psomas supported the City's community outreach efforts as they continue to gather input from the businesses and residents along Cordova Street. Traffic engineering and ITS works were also essential elements with fiber optic interconnect and signal modifications involved.
CLIENT CONTACT
Richard K. Yee
City of Pasadena
626.744.4643
[email protected]
PSOMAS SERVICE DATES
August 2018 - August 2023
Cordova Street Complete
Streets Project – Psomas
Pasadena, CA | City of Pasadena
Psomas | Paseo De Valencia and Cabot Road Active Transportation — City of Laguna Hills
17 Funded by LA Metro’s
Call for Projects,
intersection and corridor
improvements are located
at four intersections
encompassing an area that
is located between Atwater
Village in the northeast
side and Silverlake
neighborhood in the
southwest side, connected
by the Glendale-Hyperion
Complex of Bridges. They
are Glendale Boulevard/
Glenfeliz-Glenhurst,
Hyperion Avenue/Rowena, and Glendale Boulevard/
Riverside to Rowena, and Glendale Boulevard at Lane
Reconfiguration from Riverside Drive to Rowena Avenue.
The scope of services involved widening of the sidewalk along Glendale Boulevard to provide room for Class II buffered bike lanes; a new staggered crosswalk across a median to facilitate safe pedestrian passage; a series of ramps and stairs that provide access to the north side of the LA River from southbound Glendale Boulevard; traffic signal improvements; pedestrian hybrid beacon; and improving the drainage system and infiltration basins.
Psomas prepared the Initial Study based on the CEQA Environmental Checklist Form and developed the pre-design report which included sustainable design elements.
Psomas finalized design plans, specifications, and estimates for the intersection improvements.
PROJECT MANAGER
Andrew Asfour
City of Los Angeles
213.485.5096
[email protected]
PSOMAS SERVICE DATES
July 2019 - May 2025
Hyperion Avenue and Glendale Boulevard
Intersection Improvements – Psomas
Los Angeles, CA | City of Los Angeles
Relevance to Project
Multi-Modal, Lane
Reconfiguration,
Intersection
Improvements
CEQA Categorical
Exemption (CE)
Multi-Disciplinary
Design Services; Civil
(with Raised Median),
Drainage, Traffic
Engineering, Lighting,
Landscape Architecture
Public outreach/
engagement
Psomas | Paseo De Valencia and Cabot Road Active Transportation — City of Laguna Hills
18 The approximately 2.95
miles long Inglewood
Crenshaw Boulevard
Transportation
Improvement Project
provides infrastructure
improvements, including
street improvements
to increase safety and
mobility and pedestrian
improvements, transit accessibility improvements, traffic signal modifications, upgrades, streetscape improvements and landscaping, and other traffic safety enhancements. The project intends to increase connectivity to significant destinations and transit ridership; and improve access to employment centers, educational facilities, healthcare facilities, parks, and recreational centers. Scope of work includes: implementing intersection improvements (e.g., curb extensions, ADA curb ramps, new pedestrian lighting), install bus shelters and signage, plant new trees, and provide maintenance of existing infrastructure (e.g., repair sidewalks, repave/repair roadways, and construct new medians).
Curb extensions involved the reconstruction of many curb ramps, realignment and refresh of various crosswalks. Notable traffic/electrical engineering and intelligent transportation system (ITS) elements included the modification of 13 existing signal systems throughout the corridor, fiber optic interconnect design and installation as well as up-lights design for the many new palm trees that are 17 to 26-foot high, expected to line the median. Pavement reconstruction and rehabilitation is also a major component with grind, overlay, and resurfacing of existing PCC with asphalt pavement overlay, across the roadbed.
The project will comply with all applicable design requirements, which would verify compatibility with the existing setting. Psomas’ Certified Arborist assessed the condition of all trees in the public right-of-way and prepared an inventory report detailing the condition. To facilitate construction, the project corridor was divided into two (2) separate phases, with first phase containing Caltrans' Encroachment permit so that it can be prioritized, and the second extending the last two (2) miles of the corridor.
PROJECT AWARDS
ASCE Region 9 Outstanding
Bikeways & Trails Project - 2025
ASCE Region 9
CLIENT CONTACT
Hung Nguyen
City of Inglewood
714.468.7319
[email protected]
PSOMAS SERVICE DATES
May 2022 – Dec. 2024
Crenshaw Boulevard
Transportation Improvement
Project – Psomas
Inglewood, CA | City of Inglewood
Relevance to Project
Safety and Traffic
Calming Improvements
Traffic Engineering and
ITS
Interdisciplinary
Technical Disciplines
Required
Psomas | Paseo De Valencia and Cabot Road Active Transportation — City of Laguna Hills
19 Project Understanding,
Overview, and Approach
F
Project Understanding
and Overview
The Paseo de Valencia and Cabot Road Active Transportation Project is a transformative initiative designed to enhance safety, mobility, and connectivity for everyone—
pedestrians, cyclists, and motorists—along two key
corridors in Laguna Hills.
Key Project Components
Paseo de Valencia (Laguna Hills Drive to Alicia
Parkway): Upgrade a 1,500-foot segment of the
existing off-street trail to meet Caltrans standards,
integrating with the Aliso Creek Bikeway Trail.
Paseo de Valencia (Alicia Parkway to Cabot Road):
Develop a new Class IV bike facility, pedestrian
enhancements, improved traffic circulation, and new
landscaped medians and parkways along a 1.5-mile
stretch.
Cabot Road (Paseo de Valencia to El Paseo): Enhance
a 2,800-foot segment with similar improvements,
connecting to the Mission Viejo Quad Cities Trail
Project.
This initiative exemplifies a Complete Streets and mobility project, transforming major corridors into vibrant, safe, and accessible routes for all users. Psomas is excited to build upon previous efforts, especially Alternative 3, and will develop two new alternatives that reflect public input and the City’s vision.
Complete Streets & Mobility Vision
The project embraces the principles of Active
Transportation, aiming to create corridors that serve people of all ages and abilities, regardless of travel mode.
KEY ELEMENTS:
Class IV Separated Bikeways: Comfortable, protected
bike lanes connecting neighborhoods, schools, parks,
and shopping centers.
Pedestrian Safety Enhancements: Improved crossings,
ADA-compliant sidewalks, and traffic calming measures
to foster walkability and reduce conflicts.
Traffic Circulation Improvements: Intersection and
roadway modifications to balance mobility, maintain
efficient vehicle flow, and enhance safety.
Aesthetic Enhancements: Additional landscaped
parkways and medians for a more attractive
environment.
Psomas recognizes the importance of regional connectivity and will actively coordinate with adjacent initiatives, such as the Mission Viejo Quad Cities North-South Bike Trail, to create a seamless network for active transportation.
This supports healthier lifestyles and reduces reliance on single-occupancy vehicles.
Benefits of Complete Streets &
Mobility Projects
Implementing Complete Streets delivers significant, lasting benefits:
Safety: Reduces collisions and injuries for all users, especially children and seniors.
Accessibility: Ensures equitable access to
transportation options, supporting underserved and
disadvantaged communities.
Health & Environment: Encourages walking and cycling, improving public health and reducing greenhouse gas
emissions.
Economic Vitality: Enhances access to local businesses, increases property values, and supports economic
development.
Community Cohesion: Fosters a sense of place and
pride by creating attractive, functional transportation systems.
Project Approach
Psomas brings a proven legacy of delivering innovative, high-impact infrastructure solutions to complex urban
environments. For the Paseo de Valencia and Cabot Road
improvements, our team leverages deep local expertise,
rigorous site analysis, and a commitment to excellence that sets us apart in the industry. We approach this project with a strategic vision—prioritizing safety, accessibility, and constructability—while drawing on our successful track
record with similar corridor enhancements.
Our methodology is informed by comprehensive
reconnaissance and a thorough review of city planning
documents, including the Mobility Element Update and
previous public outreach efforts. By integrating community input and best practices, Psomas is prepared to deliver context-sensitive alternatives that address the unique
challenges of this corridor and advance the City’s goals for connectivity, sustainability, and quality of life.
With Psomas, the City of Laguna Hills gains a partner
dedicated to proactive problem-solving, seamless multiagency coordination, and meticulous attention to detail. We are ready to transform Paseo de Valencia and Cabot Road into a model of safe, efficient, and attractive urban mobility.
Psomas | Paseo De Valencia and Cabot Road Active Transportation — City of Laguna Hills
20 Leadership and Expertise
TOM HERBEL, PE, QSD - PROJECT MANAGER
As mentioned previously, Tom brings immediate value to
Laguna Hills, understanding municipal public works from every angle. With experience as both a consultant and
a Deputy Director/City Engineer, Tom excels at moving
projects from concept to completion, navigating regulatory hurdles, public concerns, and technical complexities. His leadership on Huntington Beach’s CIP program directly aligns with Laguna Hills’ goals for mobility, safety, and sustainable infrastructure. Tom is ready to deliver excellence and
innovation, leveraging proven methods and relationships to maximize grant funding, accelerate project delivery, and ensure long-term community benefit.
Next Steps
The Psomas team has thoroughly reviewed the RFP materials and conducted field visits to identify project opportunities and challenges. We are prepared to present practical and innovative solutions in the “Approach” and “Work Approach” sections, ensuring a successful outcome for Laguna Hills.
Psomas Approach
Psomas has conducted several site visits and a thorough review of existing conditions. Drawing on recent successes and deep experience, our approach centers on two essential criteria: safe access connections and context-sensitive, constructible improvements. We have carefully examined
the RFQ documents and the City’s “Mobility Element
Update,” which includes valuable public input and previous alternatives—culminating in Alternative 3 as the preferred option. This foundation will guide our future Alternatives Analysis.
Key Challenges, Considerations and
Solutions or Approach
The table below and in the following pages outlines the primary challenges identified for this project, along with Psomas’ proposed solutions and approaches. Each challenge has been carefully considered to ensure the project’s
success, with strategies designed to maximize safety,
efficiency, and community benefit.
Challenges/Considerations Solution/Approach
PROJECT SCHEDULE/ ENVIRONMENTAL CLEARENCE (NEPA/CEQA)
For the PAED phase, obtaining Caltrans approval of
the environmental document within 6 (six) months.
Based on our experience working with Caltrans District 12 recently on similar projects, and given that the project would not result in any obvious environmental impacts, we believe that six months will be more than sufficient to obtain a Categorical Exclusion approval for this project. Given the lack of environmental impacts, we do not believe that Caltrans will request any technical studies be prepared for the project following their review of the Preliminary Environmental Study (PES).
PROJECT BUDGET FOR PHASE 1
Psomas recognizes the budget constraints for Task 1
which is $159,000 given the scope of work in the RFP.
Survey and geotechnical work needed for PA/ED can be deferred to Phase 2.
Phase 1 will include aerial photography and ROW mapping only; all field survey and geotechnical studies shift to Phase 2. In addition, if selected Psomas is committed to working with the City on the Scope of Work and Fee to address the project budget.
ENHANCED PEDESTRIAN EXPERIENCE
Creating a welcoming pedestrian environment along
an arterial highway.
After reviewing community-driven exhibits, Psomas recommends swapping sidewalk and landscaping on the north side of Paseo de Valencia (Sections A A and C C) to create a landscaped buffer between vehicles and pedestrians.
Provide improvements to the existing street lighting
infrastructure along the project area to improve
pedestrian, vehicle, and bicycle visibility and safety.
A street light photometric assessment will be conducted to determine illumination and uniformity levels needed to meet local and national lighting standards.
MULTI-AGENCY COORDINATION
Coordinating connections to existing and planned
pedestrian/bicycle facilities.
Hold coordination meetings with agencies such as the City of Mission Viejo (Quad Cities bikeway) and the County of Orange to ensure unified multimodal connections.
Psomas | Paseo De Valencia and Cabot Road Active Transportation — City of Laguna Hills
21 Challenges/Considerations Solution/Approach
FEDERAL AND STATE REGULATORY COMPLIANCE
Hiring a consultant that knows “your business” and
the Federal process
The Psomas team is experienced in following State and Federal guidelines which is key to remaining eligible for future funding programs and a successful project. The PS&E must follow Caltrans’ standards and FHWA requirements to obtain the E-76 approvals as well as compliance with NEPA and Chapters 6 and 11 of the LAPM.
Psomas will bring its expertise and proven track record, which is demonstrated in our relevant project experience, in compliance with State and Federal procedures.
As shown below, Psomas knows this process and has executed it successfully many times on previous projects.
PUBLIC OUTREACH/ENGAGEMENT
Ensuring that a broad and diverse cross-section of
the community participates in the outreach process.
Our Team will develop a comprehensive outreach plan that identifies the best methods and timing to reach community members, leveraging tools that worked well in past efforts and identifying potential new ones, including email blasts, social media, flyers, project website, and communication toolkits.
Ensuring that the community clearly understands
the alternatives and is meaningfully and fully
engaged in selecting the final design.
Our Team will build upon prior engagement and use that feedback in this new round of engagement. We will use plain language and clear visuals so choices are clear and use interactive tools both in person and online to allow for ranking, evaluation, and prioritization.
ALTERNATIVES ANALYSIS - USER EXPERIENCE FOR ALL
Designing safe transitions where facility types
change especially at non-signalized intersections.
The Psomas team will develop two alternatives with a variety of practical and useful choices for a comfortable and low-stress biking and walking experience along Paseo de Valencia and Cabot Road accessible to people of all ages and abilities. As it relates to the areas and places the corridor should serve, the team will create project design principles that are in line with project objectives and identify the most beneficial outcomes. Our alternatives analysis will measure how well the corridor alternatives fulfill project goals and objectives.
PROJECT DEVELOPMENT
WORK FLOW CHART
Record
Drawings
& Project
Close Out
Perform
Preliminary
Engineering
Studies &
Prepare Draft
Project Report
Perform
Environmental
Studies
Conceptual
Design
Draft
PS&E
Contract
Documents Developed
PID
Final
PS&E
Advertise,
Open Bids,
Award &
Approve
Contracts
Obtain Right-of-Way Interests
for R/W Certification
Right-of-Way Engineering
Project Management
Construction
Final
Structures
PS&E
END OF
PROJECT
START
Obtain
Permits,
Agreements
& Route
Adoptions
CEQA/NERA
Environmental
Document
Approval
Structures
Plans, Design
and Draft PS&E
E-76
E-76
E-76
RFA for Construction
on Fed/State Funded
Projects
RFA for Right-of-Way
Proceeding Fed
Funded Projects
Request for
Authorization
(RFA) for “PE”
on Fed/State
Funded Project
RIGHT OF WAY
PS&E APPROVE CONTRACT CONSTRUCT PROJECT
PROJECT INITIATION PA&ED
Phases 1 & 2 Phase 3 Phase 4
PM Activities Right-of-Way
Activities
Design Activities Construction
Environmental
Activities
Fed Authorization to
Proceed on Project Milestone
Structures
LEGEND
E-76
TYPICAL WORKFLOW
AND AUTHORIZATIONS OF
FEDERALLY-FUNDED PROJECTS
Psomas | Paseo De Valencia and Cabot Road Active Transportation — City of Laguna Hills
22 Challenges/Considerations Solution/Approach
Psomas has included on our team Alta Planning, with whom Psomas has teamed before and they will augment Psomas’ experience. Alta Team's experience includes leading LA Metro through alternatives analysis providing safe and efficient bike and pedestrian connections from the A Line (Blue) and the LA River. This work included identifying opportunities and constraints for selecting active transportation route options, coordinating with LA Metro and outreach partners, and evaluating alternatives to determine the locally preferred alternative.
QUALITY ASSURANCE & RISK MANAGEMENT
Providing a thorough and well structured QA/QC
process.
QA/QC Manager, Alejandro Angel, PE, will lead early planning and coordination, including internal kickoff meetings to clarify roles, responsibilities, and quality procedures. Psomas’ process includes rigorous checking, reviewing, and independent quality reviews at multiple project stages.
BUDGET APPROPRIATION, MARKET-BASED COST OPINION, AND FUNDING ADMINISTRATION Accurate cost estimates are crucial for designing a
project within already established funding limits.
Psomas will apply recent Complete Streets experience (e.g., Cordova Street) to develop realistic estimates. Key considerations include appropriate escalation to 2027, 20–25% contingency for concept‑level unknowns, careful review of high‑value items, and identification of potential subsurface conflicts such as underdrains or pull boxes affected by sidewalk reconstruction.
The following Key Challenges and other issues are summarized in the plan view exhibit following this table in addition to highlighting operational considerations.
INTERSECTION TREATMENTS FOR CROSSINGS
Paseo de Valencia currently functions as a multi-lane
arterial with wide travel lanes (60–90 feet curbto-curb) but minimal dedicated bicycle facilities.
A challenge for the corridor is accommodating
motorist turns at intersections, particularly where
Class I/ IV protected bike lanes are proposed.
Many existing Class II bike lanes terminate before
intersections, forcing bicyclists to merge with
turning vehicles. This is a common location for
crashes. Intersections, combined with residential
driveways, school access points, and relatively
high vehicle speeds, represent the highest-risk
points along the corridor. Maintaining continuous
bikeway separation through intersections is critical
to protecting bicyclists and pedestrians while
minimizing motorist conflicts.
The proposed alternative design addresses these challenges by extending the existing curb into the street to create a raised Class I/ IV bikeway, reducing travel lanes and maintaining continuous separation between bicyclists and vehicles through intersections. Protected intersection treatments including corner refuge islands, dedicated bike crossing zones, and channelized turning movements can further minimize the bike/ ped and vehicular conflict points. Coordinated bike traffic signals, reconfiguration of right-turn lanes, and advanced warning signs can also enhance safety and reduce conflict points. High-visibility crosswalks, such as those Alta implemented on CVAG’s CV Link project in the Coachella Valley, is a proven example where we improved pedestrian safety and awareness with wider crosswalks. Lessons from the CV Link project demonstrate how wider high-visibility crossings and multimodal accommodation including NEVs can enhance safety and usability for all users.
Drivers on minor street approaches along Paseo de
Valencia currently experience limitations to sight
distance due to the curvature of the roadway. This
results in potential impacts to safety for roadway
users, pedestrians, and cyclists.
The proposed project design will evaluate alternatives to install traffic control at existing unsignalized intersections along Paseo de Valencia in the form of traffic signalization or the implementation of all-way stop-control. Traffic signal warrants will be conducted to evaluate individual locations.
ATTENTION TO DETAIL AND CONTEXTUALIZED AESTHETICS
The completion of this trail system also involves a
review of the surrounding infrastructure which may
need reconstruction or enhancement to make the
project complete.
Psomas will conduct a detailed field review to identify necessary improvements while maintaining budget discipline. Items include repairing an eroding wall, reconstructing catch basins and drainage structures, reconnecting storm drain laterals and protecting existing perimeter walls and slopes.
LANDSCAPING
Steep slopes behind the sidewalk complicate
planting, irrigation, and maintenance.
Psomas recommends placing planting between the sidewalk and roadway to create a vegetated buffer that improves pedestrian comfort, provides shade, reduces heat, and allows integration of green infrastructure. This approach has been successful on projects such as the Merced Avenue Greenway and the Pershing Bikeway, where landscaped buffers and stormwater features were incorporated despite right‑of‑way constraints.
Select challenges-solutions, highlights and considerations described above are illustrated on figures over the next three (3) pages.
Psomas | Paseo De Valencia and Cabot Road Active Transportation — City of Laguna Hills
23 Optimize left-turn queuing
space via traffic analysis (TYP)
Add “Signal Ahead;” with warning beacon
ahead of La Paz signalized intersection
Paseo De Valencia Improvements Two-Way Class IV Bike Trail
IMPROVEMENT HIGHLIGHTS & CONSIDERATIONS
Intersection treatments for crossings
Alternative
treatments
for crossings
This wall will need to be reviewed
for stability and aesthetics
Psomas recommends exchanging landscape
and sidewalk placements, as shown, to
create a buffer space from vehicular lanes
Psomas | Paseo De Valencia and Cabot Road Active Transportation — City of Laguna Hills
24 Transitional bicycle
facilities to the north side
of Cabot Road are needed
Examine horizontal and vertical sight
distances and set red curb extents to
facilitate ingress/egress safety (TYP)
Consider installing
Rapid Rectangular
flashing beacon
& speed table
ahead of it to calm
approach speed
Add “Yield to
Pedestrian;” with
warning beacon
ahead of free-right
turn channelization
Cross-gutter
reconstruction
required
Add signal indication
pointing westbound at 17’
high to increase visibility
to incoming traffic
Transitional crossing from bidirection to uni-directional protected bike lane is required
here for optional layout
Consider
installing raised
median to prevent
jaywalking
and U-turns
Consider
installing
raised median
to prevent
jaywalking
and U-turns Catch basins will have to be
reviewed and relocated to the new
curb location if needed (Typ)
OPTIONAL: 1-WAY CLASS IV IN EACH DIRECTION
Consider installation of HAWK
signal for peds with solar power
Reconstruction of Crossgutter with flow line outside
cycling paths (Typ)
Paseo De Valencia Improvements Two-Way Class IV Bike Trail
IMPROVEMENT HIGHLIGHTS & CONSIDERATIONS
Psomas | Paseo De Valencia and Cabot Road Active Transportation — City of Laguna Hills
25 Attention to Transitional
crossings for bicyclists
Start merge earlier, immediately
after the crossing. Between
500 to 600 feet is required.
Consider installing raised median
for beautification purposes,
and illegal U-turn prevention
Proposed City of
Mission Viejo Quad
Cities Bikeway Project
Cabot Road Improvements Two-Way Class IV Bike Trail
IMPROVEMENT HIGHLIGHTS & CONSIDERATIONS
Psomas | Paseo De Valencia and Cabot Road Active Transportation — City of Laguna Hills
26 Work Approach/Scope of
Services
Psomas acknowledges the Scope of Work contained in the
RFP. While pledging the scope of work for Tasks 1 and 2, the team offers the following supplements, ideas, modifications, and assumptions for further discussion as needed.
Task 1 – PAED Phase (6 Months)
1) PROJECT MANAGEMENT AND
COORDINATION
Psomas understands that the success of any project starts with a strong foundation that fosters open communication and collaboration. As Project Manager, Tom Herbel, PE, will be a single point of contact for the City. Tom will be coordinating and checking-in on a regular basis with key discipline leads during both Phases 1 and 2, which is understood to be under a different authorization.
Psomas subscribes to Microsoft 365 and can use its
SharePoint capabilities for file transfer and sharing as needed.
While pledging to account for the number of meetings listed in the RFP, Psomas recommends to use workshop or designcharette style meetings with stakeholders involved to reach consensus on a conceptual design, when a layout is available.
DELIVERABLES
One (1) Project Kick-Off meeting
Five (5) monthly project progress meetings, agendas,
minutes, scope and schedule updates (2 in-person and 3
virtual meetings assumed)
One (1) City Council Meetings
One (1) Traffic Commission meetings
2) PRELIMINARY ENGINEERING
a) Research and Review Available Data
Psomas accepts the scope and deliverables.
b) Utility Research and Notification
Psomas accepts the scope and deliverables.
c) GIS & Geospatial Plainimetrics
The Psomas team will establish preliminary GIS Right-ofWay linework from County of Orange records and provide planimetrics using NearMap.
DELIVERABLES
CAD topo base map (DWG, AutoCAD Civil 3D) at 1”=20’
scale, including curbs and striping.
Preliminary Right-of-Way lines based on GIS data
(provided by city)
d) Site Evaluation
Psomas accepts the scope and deliverables.
e) Environmental Study Area
Psomas accepts the scope and deliverables.
f) Geotechnical Investigation
To stay within the PAED phase budget, Psomas is proposing to shift this to Task 2, otherwise, Psomas accepts the scope and deliverables.
g) Alternatives Analysis
In conjunction with producing the support and content
for the environmental document, Psomas is prepared to
develop up to two (2) concept designs for City staff review and developed based upon community feedback as well
as a context sensitive design. Concept design drawings
will consist of cross-sections, full-plan view concepts with preliminary roadway geometry, curb return radii
modifications as required, pavement marking and signing/ striping, proposed streetscape enhancements, crosswalks, sidewalk improvements for conveying design intent. No
specific call-outs or stationing other than fundamental dimensioning and lengths will be provided.
DELIVERABLES
Two (2) Alternatives/Concept Design Layouts & Typical Cross Sections on high-resolution Aerial map
Cost-Benefit and Risk Analysis of two (2) alternatives h) Develop 35% Design Plans
Psomas accepts the scope and deliverables with the
following clarification to stay within the PAED phase budget.
Psomas is proposing to shift this scope of work to Task 2 and forgo the 35% Design Plans and jump right into the 65% Plans for Task 2. Psomas will develop the chosen preferred alternative to support the PAED phase.
3) COMMUNITY ENGAGEMENT
Our Team understands that community and stakeholder
engagement is critical to the success of the Project. In consultation with the City Team, we will use relevant and comprehensive strategies to receive feedback residents and local businesses and maintain an ongoing dialogue with the stakeholders throughout the process.
Task 3.1: Public Outreach Plan
Our Team will prepare a Public Outreach Plan that clarifies the project messaging, identifies the community stakeholders, outlines the communication strategies to engage and notify the public, describes the outreach events, and lays out the implementation plan. Discussion and clarification on outreach strategy will be discussed in the project kick-off meeting.
Psomas | Paseo De Valencia and Cabot Road Active Transportation — City of Laguna Hills
27 Task 3.2: Project Webpage
To learn about the alternatives and promote opportunities to provide input into the selection of a preferred design, our team will provide project content for the City’s website. We recommend linking to the current Mobility Element page
for history, but potentially developing a new robust page for this phase of the project to include project description, previous engagement, an FAQ, timeline, opportunities for engagement, and alternatives under consideration. Periodic updates to the content would be provided at key junctures in the project.
Task 3.3: In-person Open House Workshops
Our Team will plan, organize and host two (2) interactive open-house style community workshops to allow community members and businesses to explore alternatives and provide input and opinions. We envision the open houses including a number of “stations” each hosted by project team members with detailed concept graphics, informative boards, and illustrative renderings and an additional board or exercise to capture feedback and preferences. Materials will be placed on the project webpage after each event to allow continued community review and input.
DELIVERABLES
Public Outreach Plan – draft and final
Open House Summary Reports
Content for project webpage – draft and final plus two (2) updates
In-person meeting attendance and materials at two (2) community open houses
4) PAED REPORT
Psomas will prepare a Project Approval Memorandum that
will include the following along with the summary of the opportunities and constraints analysis.
a) Environmental
Preliminary Environmental Study (PES) Form: Once
a project description is prepared and the engineering
team has defined the project’s limits of disturbance,
Psomas will prepare and submit an electronic version
of a PES form to determine what type of NEPA
documentation is appropriate and whether technical
studies will be required for the project.
Psomas will prepare an Initial Site Assessment (ISA)
Questionnaire, which will be submitted for Caltrans
review as an attachment to the PES.
Psomas will submit the PES package to the City for
submittal to Caltrans Local Assistance. Psomas will
revise the PES package based on two (2) rounds of
Caltrans comments and will subsequently prepare a
project Environmental Commitments Record (ECR) that
documents any avoidance or minimization measures
that are required by Caltrans for the project.
It is anticipated that Caltrans will determine the project qualifies for a NEPA Categorical Exclusion pursuant to
NEPA. If this is the case, Caltrans will sign the PES and a Categorical Exclusion form completing the NEPA
process for the project. No stand-alone technical
studies or reports are assumed as part of this scope
of services; however, there is a potential that Caltrans could request additional technical analysis to approve
the project, which will be determined by Caltrans during their review of the PES form.
Categorical Exemption Memorandum: Related to the
California Environmental Quality Act (CEQA), Psomas
believes the project would qualify for a Class 1 (existing facilities) categorical exemption from CEQA.
To document that the project is categorically exempt
from CEQA, Psomas will prepare a Categorical
Exemption Memorandum (Memorandum), which will
be submitted to the City for review. The Memorandum
will include: an introduction to the project; a qualitative review of each CEQA environmental resource topics;
and discussion of the applicability of a categorical
exemption to the project.
Upon completion, the first draft of the Memorandum
will be submitted electronically to the City for review.
Following the City’s review of the Memorandum,
Psomas will revise the document and submit a final
draft for the City’s review and approval. Once the
Memorandum is approved by the City, Psomas will
prepare and file a Notice of Exemption (NOE) form with
the County Clerk for the project and will subsequently
file the NOE form with the State Clearinghouse via
CEQAnet for the project.
b) Traffic and Alternatives Analysis
Psomas accepts the scope and deliverables in the RFP.
Psomas will conduct a Vehicle Miles Traveled (VMT) screening assessment per the City of Laguna Hills VMT Guidelines
(August 2025). Based on the City’s guidelines for evaluating VMT on transportation projects subject to CEQA review,
the project is not expected to cause a substantial increase in vehicle travel. As a result, it is assumed that a quantitative VMT analysis is not included in this scope.
Psomas will collect morning peak hour (7:00AM-9:00AM)
and evening peak hour (4:00PM-6:00PM) vehicle, pedestrian, and bicycle turning movement counts at up to twelve
intersections along Paseo de Valencia and Cabot Road.
Additionally, Psomas will collect 24-hour vehicle counts at up to 12 roadway segments. Psomas will prepare an intersection vehicular Level of Service (LOS) analysis along Paseo de Valencia and Cabot Road, using the Intersection Capacity Utilization (ICU) and Highway Capacity Manual (HCM)
Methodologies for signalized and unsignalized intersections, respectively. Additionally, Psomas will conduct a roadway LOS analysis along Paseo de Valencia and Cabot Road based on the roadway analysis methodology outlined in the City of Laguna Hills Traffic Study Guidelines (2025).
Psomas | Paseo De Valencia and Cabot Road Active Transportation — City of Laguna Hills