Pico Rivera City Council
April 26, 2022

WHEREAS, while a request to adjust residential refuse rates was approved by the City Council through Resolution No. 7024 on July 9, 2019, to account for extraordinary disposal cost increases, at that time, the rates were not increased to account for the implementation of SB 1383; and
WHEREAS, its is now therefore necessary to approve a request to adjust rates to implement state-mandated programs for the benefit of the health and safety of the residents of the City.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pico Rivera as follows:

SECTION 1. The preceding recitals are true and correct.

SECTION 2. The adjustment of the new residential refuse and recycling rate is accurate and appropriate. The adjustment of the new residential refuse and recycling rate will be increased by $3.77—for a new total amount of $27.75 per month.

SECTION 3. That Exhibit A represents the updated residential rates schedules and supersedes all other residential rate schedules currently in effect; SECTION 4. The commercial rates are not impacted by the increase to the residential refuse and recycling rates.

SECTION 5. That the residential rate schedule (Exhibit A) will take effect as of July 1, 2022 through June 30, 2023.

SECTION 6. The City Council hereby declares its intention to allow the County Tax Assessor to collect charges and fees for municipal solid waste collection, recycling and disposal services provided to all record owners within the City for Fiscal Years (FY) 2022- 23 through and including FY 2027-28.

SECTION 7. The City Clerk shall attest to the passage of this resolution and it shall thereupon be in full force and effect.

APPROVED AND PASSED this 26th day of April, 2022.
____________________________
Dr. Monica Sanchez, Mayor
RESOLUTION NO. ____

ATTEST: APPROVED AS TO FORM:
____________________________ _______________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES:

NOES:

ABSENT:

ABSTAIN:

Following are effective July 1, 2022
Cart Service - one each refuse, recycling and green waste ONLY cart $ 27.75 Additional Refuse Cart $ 10.09
Additional Recycling Cart $ -
Additional Green Waste Cart (above two) $ 5.98
Additional Special Overage Pickup for Automated Cart Customers (in excess of two pickups per year) $ 7.47
Additional Bulky Item pickups (in excess of 10 annual free pickups for Residential Cart Customers, and 1 annual pickup per unit for Residential Bin Customers) $ 37.37 Returned Check ("NSF") Fee (applicable to all customers) $ 37.37 Credit Card Declined Fee (applicable to all customers) $ 37.37 * Including all fees retained by, or paid to, City.

EXHIBIT 2

CITY OF PICO RIVERA RATE SCHEDULE (CONTINUED)
Residential Cart Service Rate/Month*
Exhibit 2-1
To: Mayor and City Council
From: City Manager
Meeting Date: April 26, 2022
Subject: REVIEW AND APPROVE A RESOLUTION RATIFYING
THE CITY’S INVESTMENT POLICY FOR FISCAL YEAR
2022-2023
Recommendation:

1. Review and approve a resolution ratifying the City of Pico Rivera (City) Investment Policy for fiscal year (FY) 2022-23 governing investments for the City and the Successor Agency.

Fiscal Impact:

There is no cost associated with the adoption of this policy.

Background:

The City’s and Successor Agency’s Investment Policy is intended to provide guidelines for the prudent investment of the City's available resources and outline the policies for maximizing the efficiency of the City's cash management process. The ultimate goal of an Investment Policy is to enhance the City’s economic status while protecting its pooled cash. In accordance with California Government Code Section 53646(a), an annual rendering of the City’s Investment Policy (Policy) shall be presented to the City Council for consideration at a public meeting. Additionally, the investment policy for the City and Successor Agency states that it will be reviewed at least annually and presented to the City Council for review and approval.

Discussion:

The primary objective of the Policy is to provide a framework of approved securities in which the City can legally invest. The Policy drives the cash, treasury and investment management functions of the City, and serves as a guide for setting and achieving program objectives, defining rules, establishing benchmarks and reducing exposure to risk. It is also important to note that rating agencies pay close attention to a city’s investment policy and portfolio in determining its credit rating, which is a key element when seeking financing options for the City.

CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 26, 2022
REVIEW AND APPROVE A RESOLUTION RATIFYING THE CITY’S INVESTMENT POLICY FOR FISCAL YEAR 2022-2023

The Policy is based on State of California Government Code Sections 53600 through 53609 and 53630 through 53686. These laws, as well as guidelines set forth by the Association of Public Treasurers of the United States and Canada, the California Municipal Treasurers Association (CMTA) and the Government Finance Officers Association (GFOA), have aided City staff in policy development. The state laws and established guidelines encompass a broad array of allowable investments and investment standards to suit the different needs of California's local agencies. The City's Policy is more conservative than what is allowed by state law as it further restricts the percentage of allowable credit investments. The Policy applies to the City's Pooled Investment Portfolio, Bond Proceeds Portfolio and the Special Districts Portfolio. These portfolios encompass all funds under the oversight of the City Treasurer or approved designee.

Currently, the City utilizes the services of Chandler Asset Management, the City’s investment adviser, to invest and manage $26 million of the City’s idle cash, which ranges from $50-$53 million. The remaining funds are invested in the Local Agency Investment Fund (LAIF) operated by the State Treasurer.

To ensure the portfolio’s safety, the City only selects investments with the highest credit quality. The Chandler Managed Portfolio is comprised primarily of Treasury Securities and Federal Government-sponsored entity debt, otherwise known as federal agency securities. Federal agency securities, such as Federal National Mortgage Association (Fannie Mae) and Federal Home Loan Mortgage Corporation (Freddie Mac), are regarded as among the safest securities in the global market.

Utilizing CMTA guidelines as well as the expertise of Chandler Asset Management, the investment policy is presented in Enclosure 2. State Government Code allows for a limited scope of investments since public funds are being invested, and the overall goal is the preservation of these funds. It is in the City’s best interest to fully avail itself of the investments allowed per Government Code Section 53600, et seq.

The City submitted the attached investment policy to the CMTA after the City Council adopted it on June 22, 2021. It was independently evaluated by three (3) raters and was given a passing score by each rater. The passing score earned the City a “Certified” distinction.

Since then, neither the CMTA nor the California Government Code has updated their best practices recommendations. Chandler Asset Management also reviewed the policy and made no recommendations for any changes as the policy is still in line with best practices to ensure security, maintain liquidity, and seek yield where appropriate.

Therefore, the City will keep the same policy, which adheres to CMTA’s best practices and demonstrates to external rating agencies that the City is committed to safeguarding taxpayer dollars and taking full advantage of investments, as allowed per Government Code Section 53600, et seq.

CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 26, 2022
REVIEW AND APPROVE A RESOLUTION RATIFYING THE CITY’S INVESTMENT POLICY FOR FISCAL YEAR 2022-2023

The Administrative Services Department presents the monthly investment transaction report and the quarterly investment report to the City Council in line with the recommendations and requirements set by the CMTA and the State of California. City staff will continue reviewing the investment policy on an annual basis and present the investment transaction report monthly and the Schedule of Investment quarterly to the City Council.

Conclusion:

The City Council will consider adopting a resolution (Enclosure 1) ratifying the City’s Investment Policy for FY 2022-23 to help ensure the safety and liquidity of the City’s idle cash. The enclosed Investment Policy conforms to the State of California Government Code Sections 53600 through 53609 and 53630 through 53686. All permitted investment types are also represented within (Enclosure 2).

Steve Carmona
SC:AG:JG:ep
Enclosures: 1) Resolution
2) Investment Policy
RESOLUTION NO. ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA,

CALIFORNIA, AND THE SUCCESSOR AGENCY TO THE DISSOLVED

REDEVELOPMENT AGENCY OF THE CITY OF PICO RIVERA,
CALIFORNIA, RATIFYING THE “INVESTMENT POLICY” FOR FISCAL YEAR 2022-23
WHEREAS, the City of Pico Rivera and the Successor Agency to the Dissolved Redevelopment Agency of the City of Pico Rivera (Successor Agency) have funds not required to satisfy immediate financial obligations; and WHEREAS, the subject funds should be wisely and prudently invested in approved investment instruments; and
WHEREAS, the City and Successor Agency’s “Investment Policy” (the “Policy”), attached hereto as Enclosure (2) and made part of this Resolution, states it should be reviewed and approved by the City Council at least annually at a public meeting; and WHEREAS, the City and Successor Agency’s Treasurer/Director of Administrative Services and the City’s outside investment advisor, Chandler Asset Management, have determined that the existing and amended Policy adequately complies with California Government Code Section 53600, et seq., government investment requirements; and WHEREAS, the Policy was presented and considered by the City and Successor Agency for ratification at a duly noticed public meeting as required under Government Code Section 53646(a).

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pico Rivera as follows:

SECTION 1. The Policy is hereby ratified and adopted for FY 2022-23 pursuant to the requirements outlined in Government Code Section 53600, et seq.

SECTION 2. The City Clerk shall attest to the passage of this resolution and it shall thereupon be in full force and effect.

APPROVED AND PASSED this 26th, day of April, 2022.
________________________________
Dr. Monica Sanchez, Mayor
RESOLUTION NO. ____

ATTEST: APPROVED AS TO FORM:
_____________________________ ________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES:

NOES:

ABSENT:

ABSTAIN:

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CITY OF PICO RIVERA
Administrative Services Department
Investment Policy for
the City of Pico Rivera
and Successor
City of Pico Rivera
Investment Policy

Page | ii

TABLE OF CONTENTS

1.0 Policy ..............................................................................3

2.0 Scope..............................................................................3

3.0 Prudence.........................................................................4

4.0 Objective ........................................................................5

5.0 Delegation of Authority ...................................................6

6.0 Ethics and Conflicts of Interest .......................................7

7.0 Authorized Financial Dealers and Institutions .................8

8.0 Authorized and Suitable Investments..............................8

9.0 Review of Investment Portfolio .....................................13

10.0 Investment Pools/Mutual Funds....................................13

11.0 Collateralization............................................................14

12.0 Safekeeping and Custody.............................................14

13.0 Diversification ...............................................................14

14.0 Maximum Maturities......................................................15

15.0 Internal Controls ...........................................................15

16.0 Cash Management .......................................................16

17.0 Performance Standards................................................17

18.0 Reporting......................................................................17

19.0 Investment Policy Adoption...........................................18

20.0 Glossary .......................................................................19 City of Pico Rivera
Administrative Services Department
6615 Passons Boulevard
Pico Rivera, CA 90660
Phone 562.801.4392 • Fax 562.942.8828
City of Pico Rivera
Investment Policy April 2022
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1.0 Policy
The purpose of this document is to provide guidelines for the prudent investment of the City and Successor Agency’s idle cash and outline policies for maximizing the efficiency of the City/Successor Agency’s cash management system. The ultimate goal is to ensure security, maintain liquidity, and seek yield where appropriate. This investment policy is in accordance with the provisions in Sections 16429.1 and 53600 through 53684 of the California Government Code. (For the purposes of the remainder of this policy, any reference to “City” is inclusive of the Successor Agency.)

2.0 Scope
Included in the scope of the City’s investment policy are the following major guidelines and practices to be used in achieving the City’s primary investment objectives:
• Investment Authority and Responsibilities
• Eligible Financial Institutions
• Authorized Investments
• Investment Parameters
• Cash Management
• Evaluation of Investment Performance
• Investment Reporting
• Investment Policy Review and Adoption
It is intended that this policy cover all funds and investment activities under the direct authority of the City of Pico Rivera, Pico Rivera Successor Agency (formerly known as the Redevelopment Agency), Pico Rivera Housing Assistance Agency, the Pico Rivera Water Authority, and all other funds and investment activities under the direct authority of the Pico Rivera City Treasurer, except for bond proceeds which are governed by their respective indenture agreements.

Subject to the prior written consent and approval of the City Treasurer and City Manager, City of Pico Rivera
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financial assets held and invested by trustees or fiscal agents are excluded from this policy. However, such assets are nevertheless subject to the regulations established by the State of California pertaining to investments by local agencies as well as the related bond indentures.

3.0 Prudence
Pursuant to California Government Code, Section 53600.3, all persons authorized to make investment decisions on behalf of the City are trustees and therefore fiduciaries subject to the Prudent Investor Standard:
“…all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the Agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the Agency.

Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law.” Investment officers and other authorized persons responsible for managing City funds acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security’s credit risk or market price changes provided that the Investment officers or other authorized persons acted in good faith. Deviations from expectations of a security’s credit or market risk should be reported to the governing body in a timely fashion and appropriate action should be taken to control adverse developments.

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4.0 Objective
In accordance with Government Code Section 53600.5, the primary objectives, in priority order, of investment activities shall be safety, liquidity, and yield:

Safety
Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk.

Credit Risk – is the risk of loss due to the failure of an issuer of a security. The City will minimize credit risk by:
o Limiting investments to the safest types of securities o Diversifying the investment portfolio so that potential losses on individual securities will be minimized.

Market Rate Risk – is the risk of market fluctuations due to overall changes in the general level of interest rates. The City will minimize the market rate risk by:
o Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity
o Investing operating funds primarily in shorter-term securities, money market mutual funds, or similar investment pools
Liquidity
The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands (static liquidity). Furthermore, since all possible cash demands cannot be anticipated, the portfolio should consist largely of securities with active secondary or resale markets City of Pico Rivera
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(dynamic liquidity). A portion of the portfolio also will be placed in money market mutual funds or local government investment pools which offer same-day liquidity for short term funds.

Yield
The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives described above. The City will invest in relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. Securities shall not normally be sold prior to maturity with the following exceptions:
o A security with declining credit may be sold early to minimize loss of principal.
o A security swap would improve the quality, yield, or target duration in the portfolio.
o Liquidity needs of the portfolio require that the security be sold.

5.0 Delegation of Authority
The City Council is responsible for the management of the City’s funds, including the administration of this investment policy. Management responsibility for the cash management of the City’s funds is hereby delegated to the Treasurer.

The Treasurer will be responsible for all transactions undertaken and will establish a system of procedures and controls to regulate the activities of subordinate officials and employees. Such procedures will include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Treasurer.

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The City may engage the services of one or more external investment advisers, who are registered under the Investment Advisers Act of 1940, to assist in the management of the City’s investment portfolio in a manner consistent with the City’s objectives. External investment advisers may be granted discretion to purchase and sell investment securities in accordance with this investment policy.

The City's overall investment program shall be designed and managed with a degree of professionalism that is worthy of the public trust. The City recognizes that in a diversified portfolio, occasional measured losses may be inevitable and must be considered within the context of the overall portfolio’s return and the cash flow requirements of the City.

6.0 Ethics and Conflicts of Interest
The City adopts the following policy concerning conflicts of interest:

Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution and management of the investment program, or that could impair their ability to make impartial decisions.

Officers and employees involved in the investment process shall disclose to the City Clerk any material interest in financial institutions that conduct business with the City of Pico Rivera and they shall further disclose any personal financial/investment positions that could be related to the performance of the City’s investment portfolio.

Officers and employees shall not undertake personal investment transactions with the same individual with whom business is conducted on behalf of the City.

If there is an event subject to disclosure that could impair the ability of an officer or employee to make impartial decisions, the officer or employee must notify the City Manager in writing within ten (10) days.

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7.0 Authorized Financial Dealers and Institutions
Pursuant to the State Code, Section 53601.5, the City shall transact business only with issuers, banks, savings and loans and registered investment securities dealers. The purchase of any investment, other than those purchased directly from the issuer, shall be purchased either from an institution licensed by the State of California as a broker/dealer, as defined in Section 25004 of the Corporations Code, who is a member of the National Association of Securities Dealers or a member of a Federally regulated securities exchange, a National or State-Chartered Bank, a Federal or State Association (as defined by Section 5102 of the Financial Code), or a brokerage firm designated as a Primary Government Dealer by the Federal Reserve Bank.

The Director of Finance will maintain a list of financial institutions authorized to provide investment services to the City, will not give full discretionary authority to external investment managers and will not use external investment managers to purchase or sell securities or manage the City’s portfolio unless specifically approved by the City Council with a contract signed by the Mayor and City Attorney.

8.0 Authorized and Suitable Investments
Investment of City funds is governed by the California Government Code Sections 16429.1 and 53601. Investments may not have a term or maturity at the time of investment of longer than that authorized by Section 53601 or five (5) years unless the City Council has granted prior express authority. The percentage limitations shall apply to investments at the time of purchase. This investment policy further restricts the permitted investments to those below:

State Treasurer Local Agency Investment Fund (LAIF)
Government Code Section 16429.1: The City may invest up to the maximum amount pursuant to LAIF policy. LAIF is a diversified investment pool administered by the California State Treasurer. Monies invested with LAIF are pooled with State monies in City of Pico Rivera
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order to earn the maximum rate of return consistent with safe and prudent treasury management. The City, Housing Authority and Successor Agency have separate accounts, so the combined limit is three times the LAIF Policy maximum.

Local Government Investment Pools
Government Code Section 53601(p): The City may invest in a joint powers authority organized pursuant to Section 6509.7 that invests in the securities and obligations authorized in 53601 (a) to (q), inclusive. There is no issuer limitation for Local Government Investment Pools.

US Government and Federal Agency Obligations
Government Code Sections 53601 (b) and (f): There is no limitation on the maximum of the City’s portfolio that may be invested in U.S. government obligations, U.S. government agency obligations, and U.S. government instrumentality obligations, which have a liquid market with a readily determinable market value. The maximum percent of agency callable securities in the portfolio will be 20%.

Bankers Acceptances
Government Code Section 53601 (g): Up to twenty percent (20%) of the City’s portfolio may be invested in Bankers Acceptances which are defined as bills of exchange or time drafts, drawn on and accepted by a commercial bank, which are eligible for purchase by the Federal Reserve System, although no more than 5% of the portfolio may be invested in Bankers Acceptances with any one commercial bank. Additionally, the maturity periods cannot exceed 180 days. Government Code Section 53601(g) allows 40% (30% with one bank).

Municipal SecuritiesGovernment Code Section 53601 (C): Up to 30% of the City’s portfolio may be invested in obligations of the City, the State of California and any local agency within in the State City of Pico Rivera
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of California. The securities must be “A” rated by one NRSRO. No more than 5% per issuer.

Government Code Section 53601 (D): Up to 30% of the City’s portfolio may be invested in obligations of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addition to California. The securities must be “A” rated by one NRSRO. No more than 5% per issuer.

Commercial Paper
Government Code Section 53601 (h): A maximum of twenty-five percent (25%) of the City’s portfolio may be invested in highest tier (e.g. A-1, P-1, F-1 or higher) commercial paper as rated by Moody’s, Standard and Poor’s or Fitch rating service. Issuing corporations must be organized and operating in the United States, have $500 million total assets, and have at least an “A” rating (by Moody’s, Standard and Poor’s or Fitch) on debt other than commercial paper. The maturity period cannot exceed 270 days. No more than 5% of the portfolio may be invested in any single issuer.

Repurchase Agreements
Government Code Section 53601 (j): Although permitted by State Statute, repurchase agreements and reverse repurchase agreements will not be used without prior City Council approval.

Certificates of Deposit and Passbook Savings Accounts
Government Code Section 53601 (i): There is no limit as to the amount of the investment portfolio that may be deposited in passbook savings accounts. Negotiable certificates of deposit are limited to thirty percent (30%) of the City’s monies which may be invested.

For Negotiable certificates of deposits greater than the FDIC insured amount, the issuer City of Pico Rivera
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must be have short term ratings of “A-1” or long term ratings of “A” by a NRSRO. No more than 5% of the portfolio may be invested in any single issuer.

Corporate Medium Term Notes
Government Code Section 53601 (k): A maximum of 30% of the City’s portfolio may be invest in corporate medium term notes. The issuer is a corporation organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. The securities are rated in a rating category of “A” or its equivalent or better by at least one NRSRO. No more than 5% of the portfolio may be invested in any single issuer.

Asset Backed, Mortgage-Backed, Mortgage Pass-Through Securities, and Collateralized Mortgage Obligations.

Government Code Section 53601 (o): A maximum of 20% of the City’s portfolio may be invested in the above mentioned securities from issuers not defined in US Government and Federal Agency Obligations section. The securities must be rated “AA” or better by one NRSRO. No more than 5% of the portfolio may be invested in any single issuer.

Supranational Securities
Government Code Section 53601 (q): A maximum of 20% of the City’s portfolio may be invested in Supranational securities. The City can only purchase US dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank. The securities must be rated “AA” or better by one NRSRO. No more than 10% of the portfolio may be invested in any single issuer.

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Money Market Funds
Government Code Section 53601 (l): Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec 80al et seq.) may be purchased if they meet the requirements of Government Code Section 53601 (l). No more than 20 percent of the total assets of the investments held by a local agency may be invested in mutual funds, and no more than 10 percent in any one mutual fund.

Other Investments
Other investments that are or become legal investments pursuant to State of California Government Code may be purchased only after the specific approval by the City Council.

Prohibited Investments
The City of Pico Rivera shall not invest in any investment instrument/pool/fund unless specifically allowed under the “Investment Types” section of this policy.

The City of Pico Rivera shall comply with Government Code Section 53631.5 which states, “[a] local agency shall not invest any funds pursuant to this article in inverse floaters, range notes, or interest-only strips that are derived from a pool of mortgages” and that “[a] local agency shall not invest any funds pursuant to this article in any security that could result in zero interest accrual if held to maturity.” Under a provision sunsetting on January 1, 2026, securities backed by the U.S. Government that could result in a zeroor negative-interest accrual if held to maturity are permitted.

Legislative Changes
Any State of California legislative action that further restricts allowable maturities, investment types or percentage allocations will be incorporated into the City of Pico Rivera Investment Policy and supersede any and all previous applicable language. If the City of Pico Rivera
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City is holding an investment that is subsequently prohibited by a legislative change, the City may hold that investment, if it is deemed prudent by the Investment Officer, until the maturity date to avoid an unnecessary loss.

9.0 Review of Investment Portfolio
The securities held at the City of Pico Rivera must be in compliance with Section 8.0 Authorized and Suitable Investments at the time of purchase. Because some securities may not comply with Section 8.0 Authorized and Suitable Investments subsequent to the date of purchase, The Treasurer shall at least annually review the portfolio to identify those securities that so not comply. The Treasurer shall establish procedures to report to the City of Pico Rivera and to its oversight committee, should one exist, major and critical incidences of noncompliance identified through the review of the portfolio.

10.0 Investment Pools/Mutual Funds
As stated, a thorough investigation of an investment pool or mutual fund is required prior to investing and on a continual basis. At a minimum, the following information shall be on file for each pool and/or mutual fund:

1. A description of eligible investment securities, and a written statement of investment policy and objectives;

2. A description of interest calculations, how interest is distributed, and how gains and losses are treated;

3. A description of how these securities are safeguarded (including the settlement process), and how often these securities are priced and the program audited;

4. A description of who may invest in the program, how often, and the size of deposits and withdrawals;

5. A schedule for receiving statements and portfolio listings; City of Pico Rivera
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6. Whether reserves, retained earnings, etc. are utilized by the pool/fund;

7. A fee schedule and when and how fees are assessed; and

8. Whether the pool/fund is eligible for bond proceeds and/or will it accept such proceeds.

11.0 Collateralization
California law requires that public funds be collateralized. The depository must secure its public fund accounts by maintaining with the agent of the depository government securities having a market value of at least one hundred ten percent (110%) of the value of the public fund accounts. If a depository uses mortgage-backed securities (i.e., promissory notes secured by first mortgages or first deeds of trust) as collateral for public deposits, the market value of the mortgage-backed securities must be at least one hundred fifty percent (150%) of the value of the public fund accounts.

The collateralization requirement may be waived to the extent that funds are federally insured (currently up to $250,000 per institution). For deposits equivalent to the maximum insured amount, security may also be waived for interest accrued on the deposit provided the interest is computed by the depository on the average daily balance of the deposits, paid monthly and computed on a 360-day basis.

12.0 Safekeeping and Custody
Securities will be held by an independent third-party custodian selected by the City as evidenced by safekeeping receipts in the City’s name and monthly reports from the custodian. All investment transactions shall be conducted on a delivery-versus-payment basis.

13.0 Diversification
The investments shall be diversified by:

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• The diversification requirements included in the “Authorized Investments” section of this policy are designed to mitigate credit risk in the portfolio. No more than 5% of the total portfolio may be deposited with or invested in securities issued by any single issuer unless otherwise specified in this policy. • Avoiding investment in securities that have low ratings • Investing in securities with varying maturities, and
• Continuously investing a portion of the portfolio in readily available funds such as local government investment pools (LAIF), or money market funds to ensure that appropriate liquidity is maintained in order to meet ongoing obligations.

14.0 Maximum Maturities
In order to minimize the impact of market risk, it is intended that all investments will be held to maturity.

To the extent possible, the City shall attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City will not directly invest in securities maturing more than five (5) years from the date of purchase or in accordance with state and local statutes and ordinances.

Investments may be sold prior to maturity for cash flow, appreciation purposes or in order to limit losses; however, no investment shall be made based solely on earnings anticipated from capital gains.

Because of inherent difficulties in accurately forecasting cash flow requirements, a portion of the portfolio should be continuously invested in readily available funds.

15.0 Internal Controls
The Director of Finance is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance City of Pico Rivera
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that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived and (2) the valuation of costs and benefits requires estimates and judgments by management.

Accordingly, the investment officer shall establish a process for an annual independent review by an external auditor to assure compliance with policies and procedures. The internal controls shall address the following points:
• Control of collusion.
• Separation of transaction authority from accounting and recordkeeping. • Custodial safekeeping.
• Avoidance of physical delivery securities.
• Clear delegation of authority to subordinate staff members. • Written confirmation of transactions for investments and wire transfers. • Development of a wire transfer agreement with the lead bank and third party custodian

16.0 Cash Management
To obtain a reasonable return on public funds, the following cash management practices will be followed:
• Maintain maximum investment of all City funds not required to meet immediate cash flow needs.
• Except for cash in certain restricted and special funds, the City will consolidate cash balances from all funds to maximize investment earnings. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles. • Maximize the City’s cash flow through immediate deposit of all receipts, use of direct deposit when available, and appropriate timing of payment to vendors.

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• Maximize cash flow information available through the use of only one operating bank account.

17.0 Performance Standards
The investment portfolio will be designed to obtain a market average rate of return during budgetary and economic cycles, taking into account the City’s investment risk constraints and cash flow needs.

The investment portfolio shall be structured to optimize the return given the risk constraints and cash flow needs.

Investment performance shall be continually monitored and evaluated by the Investment Officer. Investment performance statistics and activity reports shall be generated on a quarterly basis for presentation to the City Council.

The Investment officer shall monitor and evaluate the portfolio’s performance relative to the chosen market benchmark(s), which will be included in the quarterly investment report. The Investment officer shall select an appropriate, readily available index to use as a market benchmark.

18.0 Reporting
Monthly transaction reports will be submitted by the Treasurer to the City Council within 30 days of the end of the reporting period in accordance with California Government Code Section 53607. The City Treasurer shall prepare and submit a quarterly investment report to the City Council. This report will include the following elements relative to the investments held at quarter-end.

1. Face value

2. Security description

3. Coupon rate
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4. Maturity date

5. Investment rating

6. Investment type

7. Purchase date

8. Cost of security

9. Purchase yield

10. Estimated market value

11. Amortized premium/discount

12. Statement relating the report to the Statement of Investment Policy

13. Statement of sufficiency of funds to meet the next six months’ obligations

19.0 Investment Policy Adoption
The Statement of Investment Policy shall be submitted annually to the City Council for adoption. The policy shall be reviewed at least annually to ensure its consistency with the overall objectives of the City and its relevance to current law and financial and economic trends. Any modifications made thereto must be approved by the City Council.

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20.0 Glossary
AGENCIES. Shorthand market terminology for any obligation issued by a governmentsponsored entity (GSE), or a federally related institution. Most obligations of GSEs are not guaranteed by the full faith and credit of the US government. Examples are:

FFCB. The Federal Farm Credit Bank System provides credit and liquidity in the agricultural industry. FFCB issues discount notes and bonds.

FHLB. The Federal Home Loan Bank provides credit and liquidity in the housing market. FHLB issues discount notes and bonds.

FHLMC. Like FHLB, the Federal Home Loan Mortgage Corporation provides credit and liquidity in the housing market. FHLMC, also called “FreddieMac” issues discount notes, bonds and mortgage pass-through securities.

FNMA. Like FHLB and FreddieMac, the Federal National Mortgage Association was established to provide credit and liquidity in the housing market. FNMA, also known as “FannieMae,” issues discount notes, bonds and mortgage passthrough securities.

GNMA. The Government National Mortgage Association, known as “GinnieMae,” issues mortgage pass-through securities, which are guaranteed by the full faith and credit of the US Government.

PEFCO. The Private Export Funding Corporation assists exporters. Obligations of PEFCO are not guaranteed by the full faith and credit of the US government.

TVA. The Tennessee Valley Authority provides flood control and power and promotes development in portions of the Tennessee, Ohio, and Mississippi River valleys. TVA currently issues discount notes and bonds.

ASKED. The price at which a seller offers to sell a security.

ASSET BACKED SECURITIES. Securities supported by pools of installment loans or leases or by pools of revolving lines of credit.

AVERAGE LIFE. In mortgage-related investments, including CMOs, the average time to expected receipt of principal payments, weighted by the amount of principal expected.

BANKER’S ACCEPTANCE. A money market instrument created to facilitate international trade transactions. It is highly liquid and safe because the risk of the trade transaction is transferred to the bank which “accepts” the obligation to pay the investor.

BENCHMARK. A comparison security or portfolio. A performance benchmark is a partial market index, which reflects the mix of securities allowed under a specific investment policy.

BID. The price at which a buyer offers to buy a security.

BROKER. A broker brings buyers and sellers together for a transaction for which the broker receives a commission. A broker does not sell securities from his own position.

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CALLABLE. A callable security gives the issuer the option to call it from the investor prior to its maturity. The main cause of a call is a decline in interest rates. If interest rates decline since an issuer issues securities, it will likely call its current securities and reissue them at a lower rate of interest. Callable securities have reinvestment risk as the investor may receive its principal back when interest rates are lower than when the investment was initially made.

CERTIFICATE OF DEPOSIT (CD). A time deposit with a specific maturity evidenced by a certificate. Large denomination CDs may be marketable.

CERTIFICATE OF DEPOSIT ACCOUNT REGISTRY SYSTEM (CDARS). A private placement service that allows local agencies to purchase more than $250,000 in CDs from a single financial institution (must be a participating institution of CDARS) while still maintaining FDIC insurance coverage. CDARS is currently the only entity providing this service. CDARS facilitates the trading of deposits between the California institution and other participating institutions in amounts that are less than $250,000 each, so that FDIC coverage is maintained.

COLLATERAL. Securities or cash pledged by a borrower to secure repayment of a loan or repurchase agreement. Also, securities pledged by a financial institution to secure deposits of public monies.

COLLATERALIZED MORTGAGE OBLIGATIONS (CMO). Classes of bonds that redistribute the cash flows of mortgage securities (and whole loans) to create securities that have different levels of prepayment risk, as compared to the underlying mortgage securities.

COMMERCIAL PAPER. The short-term unsecured debt of corporations.

COST YIELD. The annual income from an investment divided by the purchase cost.

Because it does not give effect to premiums and discounts which may have been included in the purchase cost, it is an incomplete measure of return.

COUPON. The rate of return at which interest is paid on a bond.

CREDIT RISK. The risk that principal and/or interest on an investment will not be paid in a timely manner due to changes in the condition of the issuer.

CURRENT YIELD. The annual income from an investment divided by the current market value. Since the mathematical calculation relies on the current market value rather than the investor’s cost, current yield is unrelated to the actual return the investor will earn if the security is held to maturity.

DEALER. A dealer acts as a principal in security transactions, selling securities from and buying securities for his own position.

DEBENTURE. A bond secured only by the general credit of the issuer.

DELIVERY VS. PAYMENT (DVP). A securities industry procedure whereby payment for a security must be made at the time the security is delivered to the purchaser’s agent.

DERIVATIVE. Any security that has principal and/or interest payments which are subject to uncertainty (but not for reasons of default or credit risk) as to timing and/or amount, or any security which represents a component of another security which has been separated from other components (“Stripped” coupons and principal). A derivative City of Pico Rivera
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is also defined as a financial instrument the value of which is totally or partially derived from the value of another instrument, interest rate, or index.

DISCOUNT. The difference between the par value of a bond and the cost of the bond, when the cost is below par. Some short-term securities, such as T-bills and banker’s acceptances, are known as discount securities. They sell at a discount from par, and return the par value to the investor at maturity without additional interest. Other securities, which have fixed coupons, trade at a discount when the coupon rate is lower than the current market rate for securities of that maturity and/or quality.

DIVERSIFICATION. Dividing investment funds among a variety of investments to avoid excessive exposure to any one source of risk.

DURATION. The weighted average time to maturity of a bond where the weights are the present values of the future cash flows. Duration measures the price sensitivity of a bond to changes in interest rates. (See modified duration).

FEDERAL FUNDS RATE. The rate of interest charged by banks for short-term loans to other banks. The Federal Reserve Bank through open-market operations establishes it.

FEDERAL OPEN MARKET COMMITTEE. A committee of the Federal Reserve Board that establishes monetary policy and executes it through temporary and permanent changes to the supply of bank reserves.

LEVERAGE. Borrowing funds in order to invest in securities that have the potential to pay earnings at a rate higher than the cost of borrowing.

LIQUIDITY. The speed and ease with which an asset can be converted to cash.

LOCAL AGENCY INVESTMENT FUND (LAIF). A voluntary investment fund open to government entities and certain non-profit organizations in California that is managed by the State Treasurer’s Office.

LOCAL GOVERNMENT INVESTMENT POOL. Investment pools that range from the State Treasurer’s Office Local Agency Investment Fund (LAIF) to county pools, to Joint Powers Authorities (JPAs). These funds are not subject to the same SEC rules applicable to money market mutual funds.

MAKE WHOLE CALL. A type of call provision on a bond that allows the issuer to pay off the remaining debt early. Unlike a call option, with a make whole call provision, the issuer makes a lump sum payment that equals the net present value (NPV) of future coupon payments that will not be paid because of the call. With this type of call, an investor is compensated, or "made whole."
MARGIN. The difference between the market value of a security and the loan a broker makes using that security as collateral.

MARKET RISK. The risk that the value of securities will fluctuate with changes in overall market conditions or interest rates.

MARKET VALUE. The price at which a security can be traded.

MARKING TO MARKET. The process of posting current market values for securities in a portfolio.

MATURITY. The final date upon which the principal of a security becomes due and payable.

MEDIUM TERM NOTES. Unsecured, investment-grade senior debt securities of major corporations which are sold in relatively small amounts on either a continuous or City of Pico Rivera
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an intermittent basis. MTNs are highly flexible debt instruments that can be structured to respond to market opportunities or to investor preferences.

MODIFIED DURATION. The percent change in price for a 100 basis point change in yields.

Modified duration is the best single measure of a portfolio’s or security’s exposure to market risk.

MONEY MARKET. The market in which short-term debt instruments (T-bills, discount notes, commercial paper, and banker’s acceptances) are issued and traded.

MORTGAGE PASS-THROUGH SECURITIES. A securitized participation in the interest and principal cash flows from a specified pool of mortgages. Principal and interest payments made on the mortgages are passed through to the holder of the security.

MUNICIPAL SECURITIES. Securities issued by state and local agencies to finance capital and operating expenses.

MUTUAL FUND. An entity which pools the funds of investors and invests those funds in a set of securities which is specifically defined in the fund’s prospectus. Mutual funds can be invested in various types of domestic and/or international stocks, bonds, and money market instruments, as set forth in the individual fund’s prospectus. For most large, institutional investors, the costs associated with investing in mutual funds are higher than the investor can obtain through an individually managed portfolio.

NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATION (NRSRO).

A credit rating agency that the Securities and Exchange Commission in the United States uses for regulatory purposes. Credit rating agencies provide assessments of an investment's risk. The issuers of investments, especially debt securities, pay credit rating agencies to provide them with ratings. The three most prominent NRSROs are Fitch, S&P, and Moody's.

NEGOTIABLE CD. A short-term debt instrument that pays interest and is issued by a bank, savings or federal association, state or federal credit union, or state-licensed branch of a foreign bank. Negotiable CDs are traded in a secondary market and are payable upon order to the bearer or initial depositor (investor).

PREMIUM. The difference between the par value of a bond and the cost of the bond, when the cost is above par.

PREPAYMENT SPEED. A measure of how quickly principal is repaid to investors in mortgage securities.

PREPAYMENT WINDOW. The time period over which principal repayments will be received on mortgage securities at a specified prepayment speed.

PRIMARY DEALER. A financial institution (1) that is a trading counterparty with the Federal Reserve in its execution of market operations to carry out U.S. monetary policy, and (2) that participates for statistical reporting purposes in compiling data on activity in the U.S. Government securities market.

PRUDENT PERSON (PRUDENT INVESTOR) RULE. A standard of responsibility which applies to fiduciaries. In California, the rule is stated as “Investments shall be managed with the care, skill, prudence and diligence, under the circumstances then prevailing, that a prudent person, acting in a like capacity and familiar with such matters, City of Pico Rivera
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would use in the conduct of an enterprise of like character and with like aims to accomplish similar purposes.”
REALIZED YIELD. The change in value of the portfolio due to interest received and interest earned and realized gains and losses. It does not give effect to changes in market value on securities, which have not been sold from the portfolio.

REGIONAL DEALER. A financial intermediary that buys and sells securities for the benefit of its customers without maintaining substantial inventories of securities and that is not a primary dealer.

REPURCHASE AGREEMENT. Short-term purchases of securities with a simultaneous agreement to sell the securities back at a higher price. From the seller’s point of view, the same transaction is a reverse repurchase agreement.

SAFEKEEPING. A service to bank customers whereby securities are held by the bank in the customer’s name.

STRUCTURED NOTE. A complex, fixed income instrument, which pays interest, based on a formula tied to other interest rates, commodities, or indices. Examples include inverse floating rate notes which have coupons that increase when other interest rates are falling, and which fall when other interest rates are rising, and "dual index floaters," which pay interest based on the relationship between two other interest rates - for example, the yield on the ten-year Treasury note minus the Libor rate.

Issuers of such notes lock in a reduced cost of borrowing by purchasing interest rate swap agreements.

SUPRANATIONAL. A Supranational is a multi-national organization whereby member states transcend national boundaries or interests to share in the decision making to promote economic development in the member countries.

TOTAL RATE OF RETURN. A measure of a portfolio’s performance over time. It is the internal rate of return, which equates the beginning value of the portfolio with the ending value; it includes interest earnings, realized and unrealized gains, and losses in the portfolio.

U.S. TREASURY OBLIGATIONS. Securities issued by the U.S. Treasury and backed by the full faith and credit of the United States. Treasuries are considered to have no credit risk, and are the benchmark for interest rates on all other securities in the US and overseas. The Treasury issues both discounted securities and fixed coupon notes and bonds.

TREASURY BILLS. All securities issued with initial maturities of one year or less are issued as discounted instruments, and are called Treasury bills. The Treasury currently issues three- and six-month T-bills at regular weekly auctions. It also issues “cash management” bills as needed to smooth out cash flows.

TREASURY NOTES. All securities issued with initial maturities of two to ten years are called Treasury notes, and pay interest semi-annually.

TREASURY BONDS. All securities issued with initial maturities greater than ten years are called Treasury bonds. Like Treasury notes, they pay interest semi-annually.

VOLATILITY. The rate at which security prices change with changes in general economic conditions or the general level of interest rates.

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YIELD TO MATURITY. The annualized internal rate of return on an investment which equates the expected cash flows from the investment to its cost.

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APPENDIX 1
The authorized investment officers as stated in accordance with the City of Pico Rivera Investment Policy, are responsible for administering an investment program which:
• Adheres to the Statement of Investment Policy
• Prioritizes safety and liquidity
• Determines risk and optimizes return
• Provides for a system of due diligence in making investment decisions.

Delivery vs. Payment – all trades of marketable securities will be executed by delivery vs. payment to ensure that securities are deposited in an eligible financial institution prior to the release of City funds.

INVESTMENT

PROCESS
To: Mayor and City Council
From: City Manager and City Attorney
Meeting Date: April 26, 2022
Subject: ASSEMBLY BILL 361 FINDINGS
Recommendation:

1. Receive and file this report and make the following findings: (a) The City Council has reconsidered the circumstances of the state of emergency; and (b) the following circumstances exist, (i) the state of emergency continues to directly impact the ability of the members to meet safely in person and (ii) the City Council continues to provide measures such as remote or hybrid meeting participation to promote social distancing; and

2. Take such additional, related, action that may be desirable.

Fiscal Impact:

There is no fiscal impact to the General Fund.

Background:

Recently the Governor signed into law AB 361 which established additional requirements upon local governmental agencies concerning public participation during the COVID -19 pandemic and State of Emergency period. In order to comply with AB 361, on October 26, 2021 the City Council approved a resolution with the appropriate findings.

One of the requirements of AB 361 as found in Government Code Section 54953(e)(3) is if a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without posting or other Brown Act compliance requirements the legislative body/City Council shall every 30 days after approving the initial resolution, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist (i) The state of emergency continues to directly impact the ability of the members to meet safely in person or (ii) State or local CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 26, 2022
ASSEMBLY BILL 361 FINDINGS

officials continue to impose or recommend measures to promote social distancing.

Conclusion:

Based on the foregoing, we recommend that the City Council receive and file the AB 361 report and make the requisite findings by majority vote as described in this report, as required by law every 30 days.

Steve Carmona
Arnold M. Alvarez-Glasman
SC:AMAG
To: Mayor and City Council
From: City Manager
Meeting Date: April 26, 2022
Subject: AWARD AGREEMENT FOR DIAL-A-VAN OPERATION

AND MAINTENANCE SERVICES
Recommendation:

1. Award a three-year Agreement beginning on July 1, 2022 to Southland Transit, Inc. for Dial-A-Van (DAV) Operation and Maintenance Services for a total over three years in an amount not-to exceed $1,289,489; and

2. Authorize City Manager to sign and execute the agreement with Southland Transit, Inc.

Fiscal Impact:

The agreement amount of $418,000 from Fund 205 (Prop A Funds), Account #205.80.8410.54500-9123 for FY 2022-23 will be presented to the City Council with the Proposed FY 2022-23 Budget. The remaining contract amount will be budgeted accordingly in subsequent fiscal years. No additional appropriations are needed at this time. There is no impact to the General Fund.

Background:

The City of Pico Rivera (City) has been operating a DAV program since 1999. DAV is a curb-to-curb paratransit service for resident’s ages 55 years and older, and individuals with disabilities. The current program operates five (5) days per week from 8:00 a.m. – 11:00 a.m. and 12:00 p.m. – 4:00 p.m. Transportation is provided within and up to six (6) miles outside the City limits. The service is free for qualified riders. Since 2018 the contract has been on a month-to-month basis; with the following timeline:
 The original DAV Services contract was executed on August 14, 2012, with an expiration date of June 30, 2015. The contract award was to Southland Transit, Inc.

CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 26, 2022

AWARD AGREMENT FOR DIAL-A-VAN OPERATION AND MAINTENANCE

SERVICES

 From 2015 – 2017, the City experienced a great deal of transition within administration and transit operation oversight, causing the first extension to the current agreement, Agreement No. 12-1333 Amendment No. 1, to be implemented on July 1, 2017, and was backdated from July 1, 2015 to December 31, 2017.
 Agreement No. 12-1333 Amendment No. 2 for Southland Transit, Inc., was extended from January 1, 2018 to June 30, 2018 (6 month extension).  Lastly, on July 1, 2018, the DAV agreement to Southland Transit, Inc., was placed on a month-to-month basis.

Since July 2018, the City has been looking at best ways to manage the Dial A Ride Program. During this time of transition consideration was given as to the best way to provide both DAV and Dial-A-Cab (DAC) Services for the community. There was discussion to bring services in-house. However, for long term cost saving measures, it was determined that best practice would be to continue contracting out each of these services separately. Therefore, staff initiated a Request for Proposal (RFP) for DAV service.

Discussion:

The DAV RFP included goals and objectives geared towards enhancing the current DAV program including an option to extend operating hours Monday – Friday, adding Saturday and Sunday service (a new added bonus for residents), and providing transportation for qualified residents to and from special events.

On August 19, 2021, the DAV RFP was issued and on September 14, 2021 a mandatory pre-proposal conference was conducted for prospective proposers.

On November 15, 2021, three (3) proposals were received by the following vendors:

1. First Transit

2. Southland Transit, Inc

3. On Demand Transportation Solutions
A committee consisting of four (4) Parks and Recreation Department/Transit staff and one (1) Transit consultant reviewed all proposals. As a result, all three (3) written proposals were evaluated. The proposals were scored in the areas of qualifications of contractor and financial stability, qualifications of staff, operations, facility, resources, work plan, and service and cost.

CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 26, 2022

AWARD AGREMENT FOR DIAL-A-VAN OPERATION AND MAINTENANCE

SERVICES

Upon review of the three (3) proposals, only the top two (2) were selected to move forward for interviews and possible selection based on the total percentage score ranking of each proposal. Scores are provided in the matrix below:

On February 9, 2022, Southland Transit (“Southland Transit”) and First Transit, Inc., were invited to in-person interviews at the City of Pico Rivera’s Parks and Recreation Office. The proposers were asked to give a short presentation of their qualifications and to explain their plan to execute the scope of service requested in the RFP. The evaluation committee also asked appropriate transit related questions of the proposers.

In addition to the interview, on March 2, 2022 members of the evaluation committee visited both vendors’ operations facilities to perform a detailed site visit.

Although both proposed vendors are qualified, Southland Transit received the highest percentage score. Southland Transit has over twenty (20) years of experience operating transit systems throughout Southern California, and over forty (40) years of combined transit personnel experience. Southland Transit’s headquarter is located in the San Gabriel Valley; this will allow vehicles to be accessible to operate the City’s needs.

Staff determined Southland Transit, to be the most responsive and responsible proposer. Staff verified Southland Transit’s references and found their past performance on jobs of similar size and scope of work to be of merit. Southland Transit operates for the cities of Los Angeles Metropolitan Transit Authority, Riverside Transit Agency, City of Baldwin Park, City of Temple City, City of La Puente, and the City of Alhambra.

The enclosed agreement is for three (3) years commencing on July 1, 2022, and contains two, (2) one-year extension at the City’s option, and provides the community with enhanced services and technology. If approved, Southland Transit will be responsible for the operation and dispatch functions including real-time dispatching and GPS tracking, administration, personnel management, vehicle maintenance and repair, and operations data collection reporting; specifically with the National Transit Database (NTD). NTD reporting is imperative to the City to determine the amount of riders within a given year, and provides the City data to support funding.

Proposer
Average Evaluation
Percentage Points
Awarded out of 100
possible percentage
points
Southland Transit, Inc. 88%
First Transit, Inc. 75%
On Demand Trans. Svcs. 36%
CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 26, 2022

AWARD AGREMENT FOR DIAL-A-VAN OPERATION AND MAINTENANCE

SERVICES

Southland Transit’s proposal included an operation monitoring console, which will allow the City, transit staff, as well as service provider managers and supervisors to view live statistics for on-time performance (OTP), completed and pending trips, and current alerts. Real-time OTP data for the day’s service provides the percentage of on-time and late trips for any fleet or run(s) and breaks down the late trips by degree of lateness.

This will assist in informing residents where their ride is, and to ensure the operators are within the City boundaries for its service.

Additionally, Southland Transit will ensure the City’s vehicles will be secured at their facility with assigned parking spaces. The City recently purchased three (3) new ninepassenger StarCraft Starlite Ford Transit Cutaway ADA Buses to operate in its DAV program.

The proposed DAV program will operate to ensure qualified residents will be assisted in their paratransit needs to get to and from medical appointments, personal excursions, and special events in a timely manner.

Southland Transit’s total combined three (3) years pricing is the also the most cost effective at $1,289,489, compared to First Transit, Inc., at $1,540,364. This is based off of the total annual cost, annual variable cost, annual fixed cost, revenue hours, monthly fixed rate, and rate per revenue hour.

The Notice of Intent to Award for this project was published on April 6, 2022.

The anticipated project schedule is as follows:

Award Agreement April 26, 2022
Commencement Date July 1, 2022
Project and agreement oversight will be provided by the City staff responsible for overseeing the Transit Division from the Department of Parks and Recreation. In addition to, they will oversee the transition from the current agreement to the new agreement over the next forty-five (45) days.

Conclusion:

Staff recommends that the City Council consider approving and agreement for Dial-AVan operation and maintenance with Southland Transit commencing on the first day of July, 2022 and expiring on June 30, 2025 for the City of Pico Rivera’s DAV paratransit program, and and authorize City Manager to execute the agreement upon final approval and review by the City Attorney’s office.

Steve Carmona
CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 26, 2022

AWARD AGREMENT FOR DIAL-A-VAN OPERATION AND MAINTENANCE

SERVICES

SC:PY:ng
Enclosure: 1) Agreement
ENCLOSURE 1
1 AGREEMENT NO. ___________

BY AND BETWEEN THE CITY OF PICO RIVERA
AND
SOUTHLAND TRANSIT, INC.

FOR TRANSIT SERVICES
DIAL-A-VAN PROGRAM RFP NO. 202108

1. IDENTIFICATION
This agreement for Transit Services (“Agreement”) is entered into by and between the City of Pico Rivera, a California municipal corporation (the “CITY”) and Southland Transit, Inc., a California Corporation (the “CONTRACTOR”). CITY and CONTRACTOR are sometimes hereinafter individually referred to as a “Party” and collectively referred to as “Parties.”

2. RECITALS

2.1 WHEREAS, the CITY does not have the personnel able and/or available to perform the services required under this Agreement.

2.2 WHEREAS, the CITY desires to utilize the services of CONTRACTOR as an independent contractor to render operations for the Dial-A-Ride transit services (“Project”) as more fully described herein.

2.3 WHEREAS, the CONTRACTOR warrants to the CITY that has the qualifications, experience and facilities to properly and timely perform the services required under this Agreement.

2.4 WHEREAS, the CITY desires to contract with the CONTRACTOR to perform the services as set for in this Agreement.

NOW, THEREFORE, for and in consideration of the performance by the Parties of the mutual covenants and conditions herein contained, the CITY and the CONTRACTOR hereto agree as follows:

3. SCOPE OF THE CONTRACTOR’S SERVICES AND WARRANTY

3.1 The CONTRACTOR agrees to provide the services and perform the tasks set forth in the Scope of Work as outlined in Exhibit “A,” attached hereto and incorporated herein by this reference, which may be amended from time to time by way of a written directive from the CITY. The parties acknowledge that changes to the scope may increase or decrease the overall contract cost or levels of service. Changes to service levels will not change the unit cost provided within the proposal. 2 3.2 The CONTRACTOR warrants that it shall perform the services required by this Agreement in compliance with all applicable federal and California employment laws, including but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other federal, state and local laws and ordinances applicable to the services required under this Agreement. The CONTRACTOR shall indemnify and hold harmless the CITY from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against the CITY for, or on account of any liability under the above-mentioned laws, which may be incurred by reasons of the CONTRACTOR’s performance under this Agreement.

4. TERM OF AGREEMENT AND TIME OF PERFORMANCE

4.1 This initial Agreement shall cover a period of three (3) years commencing on the 1st day of July, 2022 (“Effective Date”), and expiring on June 30, 2025 (“Expiration Date”). The CITY reserves the right, at the CITY'S sole discretion, to award two (2), one (1) year extensions upon successful demonstration of exemplary contract performance. The entire contract period will not exceed a five (5) year term and will not extend past June 30, 2027”.The CITY may, with the approval of Pico Rivera City Council (“City Council”), extend the effective termination date of the Agreement, by enacting an amendment to the Agreement that is mutually agreeable to both parties.

4.2 The services to be performed pursuant to this Agreement shall be completed in accordance with the Project schedule (if any) contained in the Scope of Work (Exhibit “A”).

The Project schedule may be amended by mutual Agreement of the parties memorialized in an executed writing. Failure to commence work in a timely manner and/or diligent pursuit of work to completion may be grounds for termination of this Agreement.

4.3 Excusable delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the Party or Parties (except that a force majeure shall not excuse the CITY’s obligation to pay.) Such acts shall include, but are not limited to, acts of God, fire, flood, earthquake, pandemic, epidemic, strikes, labor, shortages, labor disputes, material shortages, communications or power grid disruption, compliance with laws or regulations, riots, acts of war, acts of the government, or any other conditions beyond the reasonable control of a Party.

5. CITY AGENT
The City Manager, or his/her designee, for the purposes of this Agreement, is the agent for the CITY. Whenever approval or authorization is required, the CONTRACTOR understands that the City Manager, or his/her designee, has the authority to provide that approval or authorization.

6. COMPENSATION AND BILLING
3 The CITY shall pay the CONTRACTOR for its professional services rendered and costs incurred pursuant to this Agreement in accordance with the Costs of Service’s fee in Exhibit “B”, attached hereto and incorporated by this reference, and cost of services under this Agreement shall not exceed $1,289,489 for the initial three-year (3-year) term; provided such amount may be adjusted should the CITY exercise its right to extend the Agreement, and/or depending on the budget allocated in Prop A funds for paratransit services, and upon further approval by the City Council (“Transit Budget”). To avoid cost overruns and the possibility of expanding General Funds from the CITY, the CITY shall establish a contingency reserve annually determine by the sole discretion of the City Manager. The CONTRACTOR shall attempt to provide services below the budget less the continuing revenue on a monthly-basis. The CONTRACTOR shall submit to the CITY, by no later than the Fifteenth (15th) of each month, its bill for services itemizing the fees and costs incurred during the previous month. The CITY shall pay the CONTRACTOR all uncontested amounts set forth in the CONTRACTOR’s bill within thirty (30) days after it is received. Invoices can be emailed to Analyst, Natalie Glasman at [email protected] or mailed to: P.O. Box 1016, 6615 Passons Blvd., Pico Rivera, CA 90660, Attn: Natalie Glasman, the designated Project Manager.

7. CONFLICT OF INTEREST
The CONTRACTOR represents that no CITY employee or official has a material financial interest in the CONTRACTOR’s business. During the term of the Agreement and/or as a result of being awarded this Agreement, the CONTRACTOR shall not offer, encourage or accept any financial interest in the CONTRACTOR’s business by any CITY employee or official.

8. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material (“written products”) developed by the CONTRACTOR in the performance of this Agreement shall be and remain the property of the CITY without restriction or limitation upon its use or dissemination by the CITY.

The CONTRACTOR may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by the CONTRACTOR.

9. INDEPENDENT CONTRACTOR
The CONTRACTOR is, and shall at all times remain as to the CITY, a wholly independent contractor. The CONTRACTOR shall have no power to incur any debt, obligation, or liability on behalf of the CITY or otherwise to act on behalf of the CITY as an agent.

Neither the CITY nor any of its officers, employees or agents shall have control over the conduct of the CONTRACTOR or any of the CONTRACTOR’s employees, except as set forth in this Agreement. T h e CONTRACTOR shall not at any time represent that it is, or that any of its agents or employees are, in any manner employees of the CITY.

10. CONFIDENTIALITY
4 All data, documents, discussion, or other information developed or received by the CONTRACTOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by t h e CONTRACTOR without prior written consent by t h e CITY. The CITY shall grant such consent if disclosure is legally required. Upon request, all CITY data and any copies thereof shall be returned to the CITY upon the termination or expiration of this Agreement.

11. INDEMNIFICATION

11.1 The Parties agree that the CITY, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to the CITY. T h e CONTRACTOR acknowledges that the CITY would not enter into this Agreement in the absence of the CONTRACTOR’s commitment to indemnify and protect the CITY as set forth herein.

11.2 To the full extent permitted by law, the CONTRACTOR shall indemnify, hold harmless and defend the CITY, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from or arising out of any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of the CONTRACTOR or any of its officers, employees, servants, agents, or subcontractors in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of the CITY’s choice.

11.3 The CITY shall have the right to offset against the amount of any compensation due CONTRACTOR under this Agreement any amount due CITY from the CONTRACTOR as a result of the CONTRACTOR’s failure to pay CITY promptly any indemnification arising under this Section 11 and related to CONTRACTOR’s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.

11.4 The obligations of the CONTRACTOR under this Section 11 will not be limited by the provisions of any workers’ compensation act or similar act. The CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to the CITY, its officers, agents, employees and volunteers.

11.5 The CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of the CONTRACTOR in the performance of this Agreement. In the event t h e CONTRACTOR fails to obtain such indemnity obligations from others as required herein, the CONTRACTOR agrees to be fully responsible and indemnify, hold harmless and defend the CITY, its officers, agents, elected and appointed officials, employees, 5 affiliated public agencies and volunteers from and against any and all claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from or arising out of any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of the CONTRACTOR’s subcontractors or any other person or entity involved by, for, with or on behalf of the CONTRACTOR in the performance of this Agreement.

Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of the CITY’s choice.

11.6 T h e CITY does not, and shall not, waive any rights that it may possess against the CONTRACTOR because of the acceptance by the CITY, or the deposit with the CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

11.7 PERS ELIGIBILITY INDEMNITY. In the event that the CONTRACTOR or any employee, agent, or subcontractor of the CONTRACTOR providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the CITY, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of the CONTRACTOR 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.

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

12. INSURANCE

12.1 During the term of this Agreement, the CONTRACTOR shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with the CONTRACTOR’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:

12.1.1 Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed operations, personal injury and advertising injury, with limits no less than TWO MLLION DOLLARS ($2,000,000) per occurrence. If a general 6 aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Code 1 (any auto), or if CONTRACTOR has no owned autos, Code 8 (hired) and 9 (nonowned), with limit no less than ONE M I L LION DOL LA RS ( $1,000,000) per accident for bodily injury and property damage.

12.1.2 Business Automobile Liability Insurance: For all vehicles used in relation to taxi based services (defined as vehicles with a capacity of ten (10) passengers including the driver or less) insuring all owned, non- owned and hired automobiles and blanket contractual liability, coverage with a minimum limit of liability of ONE MILLION DOLLARS ($1,000,000) combined single limit per accident for bodily injury and property damage.

12.1.3 Workers’ Compensation: Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit if no less than ONE MILLION DOLLARS ($1,000,000) per accident for bodily injury or disease.
(Not required if CONTRACTOR provides written
verification that it has no employees)

12.1.4 Professional Liability: (Errors and Omissions) Insurance appropriate to the CONTRACTOR’S profession, with limit no less than ONE MILLION DOLLARS $1,000,000 per occurrence or claim, THREE MILLION ($3,000,000) aggregate.

If the awarded Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. The City shall have no responsibility of liability for such insurance coverage.

12.2 CONTRACTOR shall require each of its subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.

12.3 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A: VII in the latest edition of Best’s Insurance Guide.

12.4 CONTRACTOR agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay, at CONTRACTOR’s expense, the premium thereon.

12.5 At all times during the term of this Agreement, the CONTRACTOR shall maintain on file with City’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and, for the general liability and automobile liability policies, naming the CITY as an additional insured. CONTRACTOR shall, prior to commencement of work under this Agreement, 7 file with City’s Risk Manager such certificate(s).

12.6 T h e CONTRACTOR shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. The CONTRACTOR shall provide such proof to CITY at least two weeks prior to the expiration of the coverages.

12.7 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

12.8 The general liability and automobile policies of insurance provided by the CONTRACTOR shall be primary to any coverage available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, employees, agents or volunteers, shall be in excess of the CONTRACTOR’s insurance and shall not contribute with it.

12.9 All insurance coverage provided pursuant to this Agreement shall not prohibit the CONTRACTOR, and the CONTRACTOR’s employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. The CONTRACTOR hereby waives all rights of subrogation against the CITY.

12.10 Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of t h e CITY, t h e CONTRACTOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to the CITY, or the CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.

12.11 Procurement of insurance by the CONTRACTOR shall not be construed as a limitation of CONTRACTOR’s liability or as full performance of CONTRACTOR’s duties to indemnify, hold harmless and defend under Section 11 of this Agreement.

13. MUTUAL COOPERATION

13.1 T h e CITY shall provide the CONTRACTOR with all pertinent data, documents and other requested information as is reasonably available for the proper performance of CONTRACTOR’s services under this Agreement.

13.2 In the event any claim or action is brought against the CITY relating to CONTRACTOR’s performance in connection with this Agreement, the CONTRACTOR shall render any reasonable assistance that the CITY may require.

14. RECORDS AND INSPECTIONS
8 The CONTRACTOR shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. T h e CITY shall have the right to access and examine such records, without charge, during normal business hours. The CITY shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

15. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during t h e CONTRACTOR’s and t h e CITY’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the Parties may, from time to time, designate in writing).

To the CITY:

City of Pico Rivera
Steve Carmona
City Manager
PO Box 1016
6615 Passons Blvd.

Pico Rivera, CA 90660-1016
Facsimile: (562) 801-4765
To the CONTRACTOR:

Southland Transit, Inc.

Jason Snow
Vice President & COO
Cooperate and Operating Facility:
3650 Rockwell Avenue
El Monte, CA 91731
Facsimile: (626) 258-1329
With a Courtesy Copy to:

Alvarez-Glasman & Colvin
Arnold M. Alvarez-Glasman
City Attorney
13181 Crossroads Parkway North
Suite 400 - West Tower
City of Industry, CA 91746
Facsimile: (562) 692-2244

16. SURVIVING COVENANTS
The Parties agree that the covenants contained in Sections 3.2, 11 and 13, of this Agreement shall survive the expiration or termination of this Agreement.

17. TERMINATION
The CITY shall have the right to terminate this Agreement for any reason on thirty (30) calendar days’ written notice to the CONTRACTOR. The CONTRACTOR shall have the right to terminate this Agreement for any reason on sixty (60) calendar days’ written 9 notice to CITY. The effective date of termination shall be upon the date specified in the notice of termination. CONTRACTOR agrees that in the event of such termination, the CITY’s obligation to pay CONTRACTOR shall be limited to payment only for those services satisfactorily rendered prior to the effective date of termination. The CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All CITY data, documents, objects, materials or other tangible things shall be returned to the CITY upon the termination or expiration of this Agreement.

If t h e CITY terminates this Agreement due to no fault or failure of performance by the CONTRACTOR, then the CONTRACTOR shall be paid based on the work satisfactorily performed at the time of termination. In no event shall t h e CONTRACTOR be entitled to receive more than the amount that would be paid to the CONTRACTOR for the full performance of the services required by this Agreement.

18. ASSIGNMENT
The CONTRACTOR shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without the CITY’s prior written consent, and any attempt to do so shall be void and of no effect. T h e CITY shall not be obligated or liable under this Agreement to any Party other than the CONTRACTOR.

19. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY

19.1 In the performance of this Agreement, the CONTRACTOR shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. T h e CONTRACTOR will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

19.2 The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

19.3 The CONTRACTOR will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.

20. CAPTIONS
The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or 10 paragraph thereof at the head of which it appears, the section or paragraph thereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

21. NON-WAIVER

21.1 The waiver by the CITY or the CONTRACTOR of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. In no event shall the making by t h e CITY of any payment to the CONTRACTOR constitute or be construed as a waiver by the CITY of any breach of covenant, or any default which may then exist on the part of CONTRACTOR, and the making of any such payment by the CITY shall in no way impair or prejudice any right or remedy available to the CITY with regard to such breach or default. No term, covenant or condition of this Agreement shall be deemed to have been waived by the CITY or the CONTRACTOR unless in writing.

21.2 T h e CONTRACTOR shall not be liable for any failure to perform if CONTRACTOR presents acceptable evidence, in the CITY’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of the CONTRACTOR.

22. COURT COSTS
Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any Party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such Party of any of all of such other rights, powers or remedies. In the event legal action shall be necessary to enforce any term, covenant or condition herein contained, the Party prevailing in such action, whether reduced to judgment or not, shall be entitled to its reasonable court costs, including accountants’ fees, if any, and attorneys’ fees expended in such action. The venue for any litigation shall be Los Angeles County, California.

23. SEVERABILITY
If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 11 24. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of California.

25. ENTIRE AGREEMENT
All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between t h e CITY and t he CONTRACTOR with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the Parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed by the CITY and the CONTRACTOR. [SIGNATURES ON THE NEXT PAGE]
12 TO EFFECTUATE THIS AGREEMENT, the Parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “CITY” “CONTRACTOR”
CITY OF PICO RIVERA SOUTHLAND TRANSIT, INC.
____________________________ _________________________________ Steve Carmona, City Manager Jason Snow, Vice President & COO Dated: ___________________ Dated: ____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ ____________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney 13 EXHIBIT A

SCOPE OF WORK

SCOPE OF SERVICES
The service shall be the best obtainable utilizing the fleet of vehicles: three (3) ninepassenger Starcraft Starlite Ford Transit Cutaway ADA Bus. The vehicles are already equipped with security cameras, handrails and guards provided by and owned by the City and identified by the City’s unique branding. The price that was quoted and submitted included all items of labor, fuel, materials, tools and any other costs necessary; including vehicle storage, cleaning and maintenance to fully implement the DAV (hereinafter “DialA-Van”) System for Senior Citizens and Disabled Persons.

The Contractor shall coordinate, manage, and control all necessary DAV program activities that shall include: providing vehicle operations; vehicle storage, cleaning, and maintenance and operating personnel; providing vehicle operator and other personnel training; ridership data for NTD purposes; developing administrative procedures, performance statistics, and financial records; and developing methods to maximize service efficiency. The Contractor shall provide a customer service-oriented DAV operation of the highest quality.

The Contractor shall abide by and obey all applicable Federal, State, and City laws and regulations; as well as local air pollution control laws and regulations, including but not limited to the California Air Resources Board and South Coast Air Quality Management District, a p p l ic a b l e to the Contractor. The Contractor shall also fully comply with all provisions of the Americans with Disability Act (“ADA”) requirements; and must certify that they have a drug-free workplace and comply with Government Code Section 8355 (Certification of Drug-Free Workplace). The DAV service parameters are further detailed below.

A. Hours of Operation
The contractor shall provide standard operating transportation services seven (7) days a week, Monday through Sunday, with the first pick-up no earlier than 7:00 a.m. and the last pick-up no later than 6:00 p.m., Monday through Friday, and the first pick-up no earlier than 7:00 a.m. and the last pick-up no later than 4:00 p.m. Saturday through Sunday. In addition, the DAV service shall be available for City wide events and special program outside the specified standard operating transportation services that may include afterhours.

At all times during hours of operation, there shall be sufficient knowledgeable personnel to cover operational and management aspects of the program, including drivers, office personnel, dispatchers and management staff.

All operating hours are subject to change. It is probable that the DAV service shall be adjusted at some future time by the City. Adjustments may include, but are not limited to, 14 expanding or decreasing service hours.

B. Service Area
The Contractor will transport eligible users to and from any location within the City limits, as well as, confirmed satellite points provided by the City. Contractor will also transport DAV program users to a medical appointment at any location within a six-mile (6-mile) radius from Pico Rivera’s City Hall: 6615 Passons Boulevard.

C. Eligible Users
“Eligible Users” will be City residents who are at least fifty-five (55) years of age or disabled persons of any age. The term disabled is intended to include all who are unable to use public transit because of illness, injury, or other permanent disability. The Contractor will provide DAV services to all Eligible Users who have been registered.

The Contractor must allow a registered care attendant to travel with an Eligible User, if indicated on the City of Pico Rivera issued identification card. The Contractor must ensure disabled participants who are under 18 years of age are accompanied by an adult.

The Contractor must allow a service animal to travel with persons with disabilities as indicated on the Eligible User’s profile.

D. Registration and Identification Information
The City of Pico Rivera will register and certify Eligible Users of the DAV Program (hereinafter “DAV participants” or “participant”).

Although the City conducts registration operations, City of Pico Rivera reserves the right to be able to access and/or share the registration service and software program utilized by the Contractor to note or make any changes to participant’s information such as phone number, address, etc.

E. Dedicated Telephone Number
The Contractor will maintain a dedicated telephone number for the exclusive use of the DAV program and all calls answered on the dedicated phone line must be identified as “Pico Rivera Dial-A-Van.”
The Contractor will be responsible for all related phone and fax costs including incoming direct dial phone lines and all other usage costs (long distance charges if applicable) related to the Dial-A-Van program.

F. Radio Equipment Requirements
The Contractor will be responsible equipping two-way radios or other advanced communication devices connecting each vehicle used in the DAV service adequate to the amount of airtime necessary for dispatching the DAV vehicles, and to ensure clear communications throughout the service area and satellite points.

G. Telephone Services Requirements
15 The Contractor will have adequate staffing levels to ensure rapid and accurate response to phone calls from users of the DAV service. The customer should not experience busy signals when contacting the telephone reservation line; and incoming calls should rollover to other available trunk lines, as applicable. Staffing must be sufficient to achieve an average initial hold time for calls of no longer than two (2) minutes. Contractor must resolve a minimum of ninety-five percent (95%) of all calls within five (5) minutes.

The Contractor will have trained staff that is knowledgeable and will ensure that bilingual staff and/or translation services are available to provide information regarding the DAV program. Contractor will provide courteous and professional service to all callers. The goal should be to meet or exceed DAV participant’s expectations for good customer service.

H. Reservation Scheduling
The Contractor will accept requests seven (7) days a week, Monday through Friday from7:00 a.m. – 6:00 p.m., and Saturday and Sunday from 7:00 a.m. – 4:00 p.m.

Reservations made for immediate pick-up are subject to availability, and pre-scheduled trips three (3) days before needed reservation. Subscription trips are available for trips to the Pico Rivera Senior Center and ongoing medical treatments only. In addition, the DAV service will be available for City wide events outside the specified standard operating transportation services that may include after-hours or Saturday/Sunday services.

The Contractor will confirm the user as a registered DAV participant. The Contractor must request participant’s name, DAV identification number, the number of passengers in the party, and the pick-up and drop off locations. If exact address is not available for business locations, the business name and cross streets may be accepted. The Contractor will provide participants a reservation confirmation number.

At the time of reservation, the Contractor is required to ask all DAV participants if special accommodations are needed. Non-ambulatory participants must be provided a wheelchair accessible vehicle. Wheelchair accessible vehicles must be made available to non-ambulatory participants within one hour of the requested pick-up time.

The Contractor will provide an estimated pick-up time that may be within thirty (30) minutes of the requested pick-up time. If the Contractor provides an estimated time that significantly differs from the thirty (30) minute requirement, the Contractor will be held responsible for the estimated time provided. For example, if the Contractor promises a DAV participant an estimated pick-up time of ten (10) to fifteen (15) minutes, this “promise” will be considered the new window of time requirement. The Contractor will be considered late if the vehicle arrives outside of the promised window of time.

I. Reservation Cancellation
Contractor will allow participants to cancel reservations up to one (1) hour prior to a scheduled pick-up appointment. Contractor must log all canceled reservations and provide the log to the City’s Transportation Analyst in a monthly report. 16 J. Fares
Fares for the City of Pico Rivera Dial-A-Van is a free service for City residents who are at least 55 years of age or who are disabled.

K. Complaints and Comments
All customer complaints received by the Contractor must be responded to by the Contractor within three (3) business days of the time the complaint is received. The response will be a written document or form, which specifically addresses the complaint and explains the reason for the events which caused the complaint. A copy of each letter sent by the Contractor responding to complaints, or complaints form, shall be sent to the City’s Analyst within three (3) days.

Copies of all customer comments received and the resolution or disposition of the comments including any action or investigation required for resolution shall be sent to the City’s Parks and Recreation Analyst.

L. Unscheduled Passenger (Flag Downs)
The Contractor will not at any time pick-up any unscheduled passengers who attempt to ‘flag down’ or otherwise request a ride from the vehicle operator without having made an appointment through the established reservation scheduling process.

M. Information and Public Relations
The Contractor will be responsible for producing and maintaining an adequate supply of DAV program informational material. Electronic files must be made available to the City of Pico Rivera in a format that can be posted on the City’s website.

All information or any other material that reflects the City, or the DAV program must be approved by the City’s Parks and Recreation Analyst.

The Contractor s h a l l be required to attend meetings or make presentations as requested by the City’s Parks and Recreation Analyst.

N. Service
The City of Pico Rivera is curb-to-curb for seniors (55+) and person with disabilities of any age living in or traveling within the City of Pico Rivera, or within a six (6) mile radius from Pico Rivera’s City Hall for medical purposes only. Drivers can assist passengers in boarding or exiting the vehicle. If needed, passengers must provide their own escorts if they require more service i.e. assistance from their door to the vehicle; entering facilities; assistance with belongings. Registered escorts ride free of charge.

O. Adjustments to Service
The City reserves the right to adjust its DAV program or DAV services at any time, 17 and the Contractor expressly acknowledges that it is probable that such services will be adjusted at some future time. Adjustments may include, but are not limited to, expanding or decreasing service hours or days of service, or increasing or decreasing service areas, fares changes, or requiring advance reservations.

The Contractor is required to make changes as requested within thirty (30) calendar days of the receipt of notice. If Contractor cannot or elects not to make the changes requested, or costs cannot be agreed on, the City shall have the option of terminating the contract.

P. Service Area
Transportation is provided within the City of Pico Rivera, and within a six (6) mile radius from Pico Rivera’s City Hall for medical purposes only. Confirmed satellite points will be provided by the City. If additional satellite points need to be added, the City can add at any given time.

Q. Hours of Operation
City of Pico Rivera Dial-A-Van operates year-round, seven (7) days per week. In addition, the DAV service shall be available for City wide events outside the specified standard operating transportation services that may include after-hours or Saturday/Sunday services. The City reserves the right to make changes to the operating hours. Within these hours, the contractor will be flexible to schedule the vehicles to best meet the demand for service. A total of three (3) vehicles will be in operation. The contractor will not be able to decrease the number of vehicles operating the DAV service without express written permission from the City.

CONTRACTOR PROJECT AND STAFFING PLAN
The Contractor has provided a plan in the that describes in detail the performance and function of all key personnel. An essential component of this plan is a list of positions necessary to support the provision of the service, including project manager, front line supervision, dispatchers/customer service, operations manager, vehicle operators, pertinent maintenance management, and any other key personnel.

The Contractor also provided a plan in the proposal that describes all supervisory tasks and requirements necessary for the project including supervision, dispatching, schedule adherence checks, complaint investigation and response, report writing, and training. In addition, the plan included a list of all positions necessary to meet those requirements and the percentage of time each position will be devoted to each task.

Since supervision is so critical to the overall efficiency of the DAV program, the Contractor included a detailed plan regarding the duties and responsibilities of the supervisory staff.

The Contractor will be responsible for notifying the City regarding any changes in proposed personnel duties or hours that deviate from the original proposal. The City of Pico Rivera reserves the right to approve any changes in the proposed personnel duties or hours per 18 this project.

A. Personnel
At all times during hours of operation, there will be sufficient knowledgeable personnel to cover operational and management aspects of the program, including drivers, office personnel, dispatchers and management staff.

The Contractor will not discriminate in its recruitment, hiring, promotion, demotion or termination practices on the basis of race, religious creed, color, national origin, ancestry, gender, age or physical disability in the performance of any Agreement with the City, and shall comply with the provisions of the State Fair Employment Practices Act, the Federal Rights Act of 1964 and all amendments thereto, and the Americans with Disabilities Act of 1990.

The Contractor will be solely responsible for payment of all employees’ wages and benefits and sub-contractors’ cost. Without any additional expense to the City, the Contractor will comply with the requirements of employee liability, worker’s compensation, employment insurance and Social Security. The Contractor will hold the City harmless from any liability, damages, claims, costs and expenses of any nature arising from alleged violations of personnel practices. The City will have the right to demand removal from the project, for reasonable cause (to be determined by the City), of any personnel furnished by the Contractor. The City must be notified in writing of new hires or reassignments of project personnel; or hours that deviate from the original proposal. The City reserves the right to approve any changes in the Contractor’s proposed key project staff.

The Contractor will furnish all facilities, equipment, supplies and services required in the operation. Service shall be managed by the Contractor in accordance with City policies and procedures and within the parameters established by the City. The Dial-A-Van Service includes financing from the City’s Proposition A Local Return funds. Therefore, the Contractor shall agree to comply with any conditions required by the City of Pico Rivera or the Los Angeles County Metropolitan Transportation Authority (LACMTA). i. Drivers. All drivers shall hold a California Driver License of the Class required to drive transit vehicles and transport passengers and meet all applicable Federal, State and local requirements.
a. DAV service – Contractor shall describe in the methods of qualifying drivers for a DAV type of service.
b. Be alert, clean, careful, courteous, sober, drug free and competent in their driving skills.
ii. Driver Attire. Drivers will wear a uniform that is clearly distinguishable by the users. The City will not provide uniforms for the DAV drivers. The burden of uniform purchase is the sole responsibility of the Contractor. The uniform choice will be coordinated and approved the City of Pico Rivera. iii. Data Analyst (or equivalent). A Data Analyst employed by the Contractor (or equivalent) is required for this project. The Contractor shall ensure that a person proficient in the use of data and preparation of forms, and/or reports 19 at the highest level of accuracy and reliability is available for this project. The Data Analyst (or equivalent) should have previous experience preparing and submitting National Transit Database (NTD) reports, including Operational Characteristics (e.g., vehicle miles and hours,passenger trips, etc.) and Performance Measures (e.g., service efficiency and service effectiveness).

The information generated will be submitted and approved by the City’s designee prior to uploading NTD data. Prior to the COVID-19 pandemic, DAV was averaging 8,000 trips per year.

B. Project Management
The Contractor shall designate a Project Manager, who will oversee the proper operation of the service. At a minimum, the Project Manager shall be a responsible, caring individual with empathy for the disabled and senior citizens who utilize the services. This person must display strong leadership in their approach to problem solving, self-motivated, and a proven manager in transit or DAV operations.

The Project Manager must be competent in all areas of service provision. The designated individual must be available by telephone during all operating hours to make decisions, supervise staff and provide coordination as necessary. The Project Manager shall be required to attend regular meetings with City staff to determine contract compliance, adherence to performance standards, to troubleshoot problem areas, and to discuss operations, marketing and promotional activities. The City reserves the right to remove the Project Manager, at its discretion, and require that the Contractor replace said individual with another Project Manager who is acceptable to the City. Should Contractor have a need to replace the Project Manager, Contractor shall identify the proposed Project Manager and provide a detailed resume at least thirty (30) days in advance of the replacement date. The City reserves the right to approve any change of the Project Manager for this service.

The Project Manager will provide both front line supervision and management of the project’s accounts and operating records.

1. Project Management shall include but is not limited to the following:
a. Contractor shall be responsible for collection and submission of acceptable National Transit Database (NTD) data and other pertinent ridership information. The Contractor shall submit monthly and annual NTD based reports to the City of Pico Rivera;
b. Maintenance of projects accounts;
c. Preparation of a monthly invoice that will document all charges minus any possible penalties, missed or incomplete service; and d. Responsibility for any operational problems and/or passenger complaints and accurately reporting these problems to the City within three (3) business days or sooner, if required. (See item J above) e. Ensure that drivers are ready and prepared to provide full service for all three (3) vehicle.

2. Front line supervision shall include but is not limited to the following duties:
20 a. Training and scheduling of all regularly assigned project personnel; b. Arranging the assignment of quality back-up personnel whenever necessary;
c. Distribution and collection of operating reports;
d. Daily monitoring of ridership; and
e. Supervision of all project staff to ensure that the quality of the services.

VEHICLE OPERATORS
Vehicle operators will work on a schedule that ensures a consistent and overall high quality of service. Vehicle operators must have a valid California driver’s license and, if required, maintain any additional certification required by applicable Federal, State, and local regulations. All applicable licenses for all drivers working for the City of Pico Rivera DAV program, Pull Notices and / or certificates pertaining to each Driver must be copied and given to the City for their records.

1. The Contractor shall conduct pre-employment DMV checks of all personnel including independent or sub-contracted employees hired for service, and shall check DMV records at least every twelve (12) months for accidents, vehicle code violations, and valid driver’s licenses of its employees whose job requires them to operate vehicles for this project. This information shall be made available for the review by the City upon request. It is the responsibility of the Contractor that driver’s licenses and appropriate certificates are always current.

2. The Contractor shall require vehicle operators to provide assistance to individuals who required mobility aids such as wheelchairs, walkers, canes etc.; or those individuals who have difficulty boarding or exiting the taxi vehicle. Assistance renders may include, but is not limited to: opening and closing vehicle doors for DAV participants; assistance with securing mobility aids; assistance with positioning the vehicle in a manner that facilitates entering and exiting the vehicle; and assistance with carrying small items (weight not to exceed 20 lbs.).

3. The vehicle operator is not required to endanger their own safety in assisting DAV participants but must be able to perform the basic physical demands of performing the services.

4. Vehicle operators must be able to effectively communicate in English. The use of a secondary language that assists in communicating with DAV participants is desirable.

5. Vehicle operators are expected to maintain a professional standard of appearance and must displays the driver’s name or identification number. The Contractor shall provide a copy of their company appearance policy to The City of Pico Rivera for approval. The City reserves the right to add additional requirements if the Contractor’s policies appear inadequate.

TRAINING
21 The Contractor shall provide a program of driver training in vehicle operation, safety, passenger relations, ADA requirements, and on-time performance. The Contractor shall also provide an on-going safety program to ensure a safe operating environment. Vehicle operators must be trained in all operational procedures relating to the DAV program.

Personnel must be trained to proficiency, as appropriate to their duties, so that they operate vehicles and equipment and properly assist and treat individuals with disabilities who use the service in a supportive, empathetic, courteous and respectful way, with appropriate attention to the difference among individuals with disabilities (49 CFR 37.173).

The training will include various topics including the areas of defensive and safe driving, emergency crisis management, understanding work expectations, and other relevant topics, including but not limited to operation and usage of radios and other vehicle equipment, sensitivity training, working with mobility assisted devices, map reading and knowledge of service area frequent destination and street network. The Contractor shall submit a written training schedule with specific topics and objectives upon request to the City’s Designated Representative. The Contractor may also be required to provide training that may be pertinent to the issue at the time or attend training provided by the City of Pico Rivera.

SERVICE VEHICLES
The Contractor will utilize City owned vehicles identified by the City’s unique branding. All vehicles and vehicle equipment used for the DAV program shall be stored and maintained by the Contractor in a state of good repair and in a condition that is satisfactory to the City. The Contractor shall assume all responsibility for the proper maintenance and cleanliness of DAV program vehicles; annual vehicle registration will be the responsibility of the City.

1. Preventive Maintenance Program
All vehicles and vehicle equipment required shall be maintained by the contractor in good repair and in a condition satisfactory to the City. Contractor shall assume all responsibility for the proper maintenance of the vehicles. Proposers shall outline a clear and detailed, ongoing preventive maintenance program appropriate to the Dial-A-Van fleet that meets or exceeds CHP and manufacturer’s standards.

This program shall include a comprehensive file detailing the history of maintenance and repair work performed on each vehicle. At a minimum, if the option to allow the Proposer to conduct the maintenance occurs, the Contractor will perform preventive maintenance on each vehicle every 3,000 miles or 45 days, whichever occurs first.

It shall be the expressed responsibility of the Contractor to assume all coordination with the original manufacturer of the vehicles if necessary to keep the vehicles in safe and good operating condition. This shall include negotiating and processing all vehicle warranty claims through the manufacturer’s own warranty, extended 22 warranties or credits as a result, for the length of time the warranty is in effect.

2. Cleanliness of Vehicles
The Contractor shall ensure that the vehicles are washed not less than one (1) time per week and the interiors cleaned daily, prior to service. Details to include:
a. Vehicle floors shall be free of water, stains, paper, gum or other sticky substances or debris.
b. Interior and exterior windows shall be free of dirt, dust smudges, hand or finger prints.
c. D a s h b o a r d s , wheel wells, rails and ledges shall be kept clean and free of dirt and grease.
d. Seating areas and upholstery shall be vacuumed weekly. e. Adhere to COVID-19 CDC guidelines in sanitizing and cleaning of transit f. vehicles.

3. Operating Equipment and Supplies
Contractor shall at its sole cost and expense maintain stores of fuel, lubricants, tires, and other consumables, repair/replacement parts and supplies required for the maintenance and operation of the vehicles utilized in providing City of Pico Rivera DAV service.

4. Vehicle Repairs
Contractor shall at no time operate a vehicle in revenue service with visible body damage without consent from City of Pico Rivera, and must notify the City immediately. This includes any vehicle that sustains significant damage from any cause, fault or no fault of Contractor. Upon approval from City of Pico Rivera, Contractor shall repair vehicles immediately when it is determined such damage impairs the proper and safe mechanical operation of the vehicle. All other damage shall be repaired in a reasonable amount of time. At no time, will City of Pico Rivera be required to repair, replace or maintain any vehicle required for the operation of the DAV service. In the event, a vehicle is not operable and there are appointments in place for that vehicle, contractor must notify patrons and reschedule their appointments if necessary.

5. Vehicle Breakdown
Should a vehicle operated in the is DAV service experience a mechanical failure with passengers on board, a response time of no more than twenty (20) minutes shall be compliant. A road call to a vehicle in service shall generate a written report to City of Pico Rivera to include time of call, number of passengers on board, location and cause of breakdown and the time vehicle was replaced or placed back in service.

Contractor shall be responsible for the road call. At no time shall a vehicle be left unattended.
23 The City reserves the right at any time to inspect, exam or test any vehicle or equipment used in the performance of DAV services in order to ensure compliance with standards established by the City. The Contractor shall submit maintenance records to the Parks and Recreation Analyst upon request.

COMMUNICATION SYSTEM
The Contractor shall provide a communication system in each service vehicle that will allow for the timely and efficient dispatching, coordination, and responding to necessary service requests, and communicate effectively regarding DAV services.

The Contractor will also be responsible for the costs of the internet, phone/fax lines, cell phones, any on-bus camera system and all radio communications/equipment related to the DAV usage.

APPLICABLE CODES AND REGULATIONS
All vehicles required to be utilized shall be safe for operation on public streets over the term of the agreement, and meet or exceed all applicable codes and laws for operating a public paratransit system on public streets and highways in California.

All parts of the vehicle and all equipment mounted on or in the vehicle shall conform to the California Vehicle Safety standards, if applicable. Particular attention shall be directed to the California Highway Patrol Motor Carrier Safety Regulations. If vehicles are required to be inspected by the California Highway Patrol as it pertains to the California Code of Regulations Title 13, the Parks and Recreation Analyst shall be notified of such inspections. The results of those inspections shall be transmitted to the City immediately, and any applicable signed certification shall be displayed or carried on the vehicles.

If required, the Contractor shall maintain a record of satisfactory California Highway Patrol (CHP) terminal inspections throughout the life of the contract. If the Contractor receives an unsatisfactory rating from the CHP, the Contractor shall notify the City immediately and indicate the plan of action implemented to correct the deficiency. The City reserves the right at its sole discretion to inspect and reject temporarily or permanently, by notice to the contractor, any vehicle the Contractor proposes to use or subsequently utilizes which the City deems unacceptable.

DRUG AND ALCOHOL COMPLIANCE
The Contractor shall have a drug and alcohol testing program which meets all applicable Federal and State standards and include pre-employment testing, test on incident or accident, test on reasonable suspicion, random testing, and training of supervisors to recognize drug and alcohol symptoms.

The Contractor shall comply with the City’s mandatory controlled substance and alcohol testing certification program for taxicab drivers adopted in accordance with the provisions of California Government Code Section 53075.5 (b)(3)(A).

OPERATING PERFORMANCE STANDARDS
24 The Contractor will be held responsible for project management according to specified operating procedures. The City of Pico Rivera may establish additional rules that are reasonable for operation of DAV services after consultation with the Contractor. Vehicles shall be operated with primary regard for the safety, comfort, convenience, and overall satisfaction of passengers and the general public.

The Contractor shall provide service as scheduled or according to any adjusted schedule established by the City, including service modifications required as a result of a declared emergency. The contractor shall strive to maintain on-time performance; however, the Contractor shall not be held responsible for failure to provide on-time service due to unusual weather or traffic conditions, or naturally occurring disasters, if sufficient documentation is provided to the City.

The Contractor shall establish procedures in order to ensure that project management staff are aware of passenger complaints and operational problems. Vehicle operators must report any passenger complaints or operational problems with the vehicle immediately to management staff, who will ensure that appropriate measures are taken by supervisory or maintenance staff to correct the problem and that all complaints are reported to the City.

The Contractor shall establish procedures instructing vehicle operators, supervisors, management or other staff members on the proper method for directing passengers to report customer comments to the City. Contractor shall also establish procedures for monitoring of service quality, including on-time performance, missed trips, preventive maintenance of vehicles, vehicle cleaning, vehicle operator courtesy, etc.

PERSONNEL PERFORMANCE STANDARDS
The Contractor shall describe how the performance of the vehicle operators, dispatchers and supervisory personnel will be monitored and evaluated.

Regularly assigned vehicle operators or a fully trained back up must be available and on time, at all times, to ensure consistent and reliable service. All personnel are responsible for knowledge of the DAV program, service boundaries and ADA requirements. DAV program personnel must maintain a courteous attitude, answering to the best of their ability any passenger questions regarding the provision of service. Personnel must also report all passenger complaints and operational problems to project management staff.

CONTRACTOR REPORTS
A. Billing Reports
For each trip, the Contractor will invoice the rate per mile plus any additional charges established in the Pricing Form submitted by the Contractor. The Contractor shall submit a hard copy cover invoice to the City of Pico Rivera’s Accounts Payable no later than the fifteenth (15) day of the following month for the prior month’s DAV services.

The Contractor shall also submit an electronic and hard copy of each Billing Report and 25 pre-approved supporting documentation to the City of Pico Rivera’s Designated Representative no later than the fifteenth (15) day of the following month of service.

Such Billing/Statistical Reports must include ridership by time of day; and drivers’ logs and dispatch logs for dates requested for the purpose of documenting on-time performance standards, and vehicle maintenance reports. The Reports should include the following documents and forms:

1. A monthly invoice for the amount of the DAV services provided during the stated period;

2. A monthly ridership report showing the total number of trips made for which services were provided. Reports that do not correspond with the service provided will not be eligible for payment. In the case of discrepancy with Billing Reports and/or supporting documentation, the Contactor may be required to submit global positioning system (GPS) reports verifying services provided.

The City reserves the right to withhold payment to Contractor, suspend the contract, provide substitute service with all charges in excess of contract rates to be paid by the Contractor, in the event Contractor fails to meet any of the specifications in regards to vehicle maintenance or service quality as described in this document, until such time as the City determines that Contractor has satisfactorily corrected any deficiencies. Such suspension shall be considered for cause, and the Contractor may not claim any liquidated damages against the City for any action or suspension.

B. Management Reports
The Contractor shall maintain and provide reports which will serve as a database to monitor and evaluate productivity of the service and the performance of the contractor.

Management reporting consists of collecting data on all major system functions, and analyzing that data to provide system managers with indicators of the efficiency and effectiveness of various system processes and policies. As a part of the management and administration of the DAV Service, the Contractor shall be required to maintain all project records for good business practices or as required by the City, the Los Angeles County Metropolitan Transportation Authority (LACMTA) and State and Federal laws and regulations. The Contractor will maintain all required monthly operating data and prepare all reports needed to meet the NTD reporting requirements.

All reporting documents shall be produced accurately and in a timely manner as indicated herein on a monthly basis as required by the City, and at the frequency established by the City. These reports shall be submitted in a form compatible with the existing format. The Contractor shall submit additional written reports as requested by the City for specific purposes. Reports shall include, but are not limited to: monthly statistical reports that include ridership by time of day and drivers‟ logs and dispatch logs for dates requested for the purpose of documenting on-time performance standards.

The City reserves the right to review all of the Contractor’s operational records related to the Dial-A-Van Service.

1. Reservation Log/Ridership Trip Reports
The Contractor shall prepare and submit monthly reports containing information 26 regarding reservation logs, ridership, mileage and trips for the DAV program in a format approved by the City no later than the fifteenth (15) day of the following month of service.

2. Accident Reports
The Contractor shall submit an accident report to the City within twenty-four (24) hours of each accident. Any major accident involving injuries or significant damage to DAV program vehicles shall be immediately reported to the City. If any service is missed as a result of an accident, a report must also be completed.

3. Passenger Comment/Complaint Report
The Contractor shall submit monthly passenger comment/complaint report to the City in a format approved by the City no later than the fifteenth (15) day of the following month of service.

Any customer comments received by the Contractor shall be submitted on a monthly report including all corrective action taken to address the matter. This report shall be completed by the Contractor regardless of whether the comment (verbal or written) was received directly by the Contractor, or was forwarded to the Contractor via the City. The Contractor is required to respond to the comment within three (3) business days after receipt of the comment.

4. Monitoring Customer Satisfaction
Contractor shall design and apply a Customer Survey instrument that will collect information and measure the degree of customer satisfaction with the services being provided. Contractor is encouraged to use internet or web- based instruments to facilitate customer feed-back.

Contractor shall submit a plan and methodology for collecting customer feed- back and measuring satisfaction to the City of Pico Rivera for its approval. Results of the survey shall be reported to the City quarterly by an independent firm retained by the contractor for the purpose of tabulating and reporting the results of the customer service survey.

5. On-Time Performance Report/Miss Trip Report
The Contractor is required to monitor and document the on-time performance of the DAV program. A monthly report documenting any trips missed shall be submitted to the City in a format approved by City no later than the fifteenth (15) day of the following month of service.

6. Operating Performance Penalties
The City shall maintain the right to assess performance penalties against the Contractor, as set forth herein, based on the Contractor’s failure to meet the established standards. Performance penalties applicable thereto, shall include the 27 following performance criteria and be charged based upon non- compliance with the standards reported by: 1) the Contractor; 2) at least three verified customer complaints; or 3) City staff who is knowledgeable of the DAV program requirements. The City reserves the right to modify these performance criteria, as necessary.
a. Missed Trips
A penalty of fifty dollars ($50.00) will be assessed for each missed trip in which a DAV participant is not transported as scheduled.
b. Late Trips
A penalty of twenty-five dollars ($25.00) will be assessed for each late trip in which a DAV participant is not transported within thirty (30) minutes of the requested pickup time; or when the Contractor establishes a shorter window of time and fails to meet their own standards.
c. Submission of Reports
The Contractor shall submit timely, accurate and completed reports as specified by the City. Failure to do so shall result in performance penalties of twenty-five dollars ($25.00) per day for each day a report is due. Additional penalties may be assessed for failure to submit annual performance reports for regulatory compliance and may be cause for contract termination. d. Falsify or Non-Submittal of Reports
A penalty of five hundred dollars ($500.00) per occurrence will be assessed for false representation or non-submittal of performance reports and may be cause for contract termination.
e. Heating and Air Conditioning Performance
A penalty of fifty dollars ($100.00) will be assessed per incident and per vehicle will be assessed for non-functioning of vehicle’s heating and air conditioning units. f. Vehicle Operator/Dispatcher Courtesy
A penalty of one hundred dollars ($100.00) per incident will be assessed for verified discourteous or rude behavior or refusing to comply with DAV program requirements.
g. Failure to Maintain Adequate Staffing Levels
A penalty of one hundred dollars ($500.00) per incident will be assessed for failure to maintain staffing levels necessary to fulfill the requirements of the DAV program.

The Contractor shall be responsible for notifying the City regarding any changes in proposed personnel duties or hours that deviate from the original agreement and that impact the Contractor’s ability to meet established standards as described in 28 the CONTRACTOR PROJECT AND STAFFING PLAN section.

SAFETY AND SECURITY
The Contractor must have an ongoing safety program, including training plan that promotes and rewards safe driving.

The training plan must have a minimum of forty (40) hours of new-hire orientation and driver training in the following areas: vehicle handling and safety; defensive driving techniques; emergency first aid; cardiopulmonary resuscitation; passenger assistance and handling; empathy/sensitivity training, mobility device securement, and customer service training. Drivers must receive this training before assignment to a vehicle or within sixty (60) days of hire. The City also requires ongoing training for office personnel and the Project Manager. This training shall consist of more than just attendance at regularly scheduled safety meetings and corporate management meetings.

The Contractor must ensure that all vehicle operators and DAV participants abide by all Federal, State and City regulations including but not limited to seatbelt usage, mobile communication device usage, operating speed, etc. In addition, the Contractor shall provide a written policy statement in its employee handbook or manual that stresses the important of employee customer service and interaction with patrons (i.e., answering telephone calls promptly, conveying a friendly attitude, and providing a quick response to requests for service or information).

The City’s goal is to not receive any citizen complaints in any given month. Contractor shall provide the name of a person trained and designated as the safety and training coordinator who shall report to the City as requested on safety and training issues and accident statistics as requested.

The primary law enforcement agencies for security and transit-related crimes in contracted service areas are the Los Angeles County Sherriff and other police departments in which the DAV services travel. Local municipal law enforcement agencies will provide police service as necessary and appropriate. The Contractor is responsible for timely and efficient communication with law enforcement agencies, as well as the City.

The City of Pico Rivera’s Park and Recreation Analyst
The City of Pico Rivera Parks and Recreation Analyst or designee will monitor the Contractor’s day-to-day operation to ensure compliance with Scope of Service requirement. 29 EXHIBIT B

FEE SCHEDULE

PROPOSAL FOR CITY OF PICO RIVERA

DIAL-A-VAN OPERATION AND MAINTENANCE
SOUTHLAND TRANSIT, INC.

III. Fee Proposal
City of Pico Rivera Year 1 Year 2 Year 3
Price Proposal 7/1/22 7/1/23 7/1/24
Dial-A-Van Transit and Maintenance 6/30/23 6/30/24 6/30/25 LABOR
Operators Salaries & Wages $ 71,226 $ 73,362 $ 75,563
Maintenance Salaries & Wages $ 29,754 $ 30,647 $ 31,566 Staff Salaries & Wages $ 120,669 $ 124,289 $ 128,017
Fringe Benefits $ 47,149 $ 48,564 $ 50,021
Services $ 1,849 $ 1,904 $ 1,961

MATERIALS & SUPPLIES
Fuel $ 18,268 $ 18,816 $ 19,381
Lubricants, Misc. $ 317 $ 326 $ 336
Tires and Tubes $ 792 $ 816 $ 841
Vehicle Maintenance Parts $ 2,641 $ 2,720 $ 2,802
Other Materials & Supplies $ 330 $ 340 $ 350
Communication & Utilities $ 7,180 $ 7,395 $ 7,617
Casualty & Liability Costs $ 35,888 $ 36,965 $ 38,074
Miscellaneous Expenses $ 28,298 $ 29,147 $ 30,022
Facilities $ 13,800 $ 14,214 $ 14,640
Depreciation & Amortization $ 3,365 $ 3,365 $ 3,365
Management Fee, Profit, etc. $ 35,761 $ 36,834 $ 37,939 TOTAL ANNUAL COST $ 417,288 $ 429,705 $ 442,496
ANNUAL VARIABLE COST $ 142,243 $ 146,510 $ 150,905
ANNUAL FIXED COST $ 275,045 $ 283,196 $ 291,591
REVENUE HOURS $ 2,448 $ 2,448 $ 2,448
MONTHLY FIXED RATE $ 22,920 $ 23,600 $ 24,299
RATE PER REVENUE HOUR $ 58.11 $ 59.85 $ 61.64
TOTAL COMBINED 3 YEARS COST $ 1,289,489
Southland will submit its invoice by the 7th business day following the end of the month.

Our invoice will be in a format approved by City staff and will combine the abovereferenced fixed fee, along with the calculated total of variable cost as determined by the actual number of revenue hours operated for that month. It is our expectation that any requested corrections be submitted by the City timely, as to not delay payment for services within 30 days of the invoice being submitted.

To: Mayor and City Council Members
From: City Manager
Meeting Date: April 26, 2022
Subject: APPROVE AN INCREASE IN THE FISCAL YEAR 2021-22

PURCHASE ORDER WITH FIESTA TAXI INCORPORATED

FOR PARATRANSIT SERVICES
Recommendation:

1. Approve an increase in the fiscal year (FY) 2021-22 purchase order (PO) with Fiesta Taxi Incorporated (Fiesta Taxi) in an amount of $95,000 to be added to the current PO amount of $49,000 for a new total PO amount of $144,000; and

2. Authorize the City Manager to re-appropriate any unused PO amount in FY 2022- 23; and

3. Authorize the City Manager to execute the increased PO.

Fiscal Impact:

The FY 2021-22 Adopted Budget includes $572,000 in appropriations for paratransit services in the Transit Proposition A Fund (Account No. 205.80.8410-54500). These funds are reimbursable and paid for by annual funds received from the Transit Proposition A revenues. There is no impact to the General Fund.

Background:

In September 2012, the Pico Rivera City Council (City Council) approved Agreement No. 12-1318 with Fiesta Taxi to provide Dial-A-Cab (DAC) paratransit service to senior residents aged 55 years and older and individuals with disabilities. The current program operates seven (7) days a week, 24 hours a day. DAC transportation is provided within the City limits and up to six (6) miles outside the City of Pico Rivera (City) limits. The DAC service has a $1.00 co-pay for qualified riders, and riders have a maximum of 20 trips per month.

In June 2016, the City Manager, extended these agreements with a final term ending in August 2018. Subsequently, the then Acting City Manager entered into a month-to-month CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 26, 2022
APPROVE AN INCREASE IN THE FISCAL YEAR 2021-22 PURCHASE ORDER WITH

FIESTA TAXI INCORPORATED FOR PARATRANSIT SERVICES

agreement with Fiesta Taxi. At this time, the City still utilizing the month-to-month agreement. An RFP for contractual services will be released in the upcoming months in an effort to ensure a new contract is formalized and approved by City Council.

The DAC program averages 530 trips per month, and ridership has been increasing due to the ease of coronavirus (COVID-19) pandemic related restrictions and the City’s reopening facilities. Increasing the current PO by an amount of $95,000 is needed to continue operating the City’s DAC service and meet Pico Rivera residents’ transportation needs.

Discussion:

Fiesta Taxi calculates its invoices for the City based on a fee per trip, a cost per mile, and any additional cost for printing new DAC cards for participants. Monthly invoices average $8,400 per month. Due to the anticipated cost to operate the City’s DAC service for the remainder of FY 2021-22, and to cover costs of the first quarter of FY 22-23, an increase of the existing PO of $95,000 is required. At this time, the City’s DAC service is still on a month-to-month contract.

Fiesta Taxi was instrumental in assisting the City with transporting seniors to and from testing and vaccine sites during the height of the COVID-19 pandemic. The City’s DAC service ridership is increasing due to the easing of pandemic-related restrictions, resulting in rising monthly costs. Fiesta Taxi has been a consistent partner with the City for almost ten (10) years, and the DAC program is a complimentary service to the City’s Dial-A-Van (DAV) service. DAC operates seven (7) days a week, 24 hours a day, whereas DAV only operates Monday – Friday from 8:00 a.m. – 4:00 p.m. The DAC service allows more flexibility for riders to ride independently, as opposed to DAV, a shared service.

Pico Rivera Municipal Code 3.20 (Purchasing), it is necessary for City Council to authorize purchases in any amount exceeding $50,000 per vendor. Approval of this additional amount will ensure that paratransit service delivery will continue without disruption.Conclusion:

Approve an increase of $95,000 to the current PO with Fiesta Taxi to cover increased Steve Carmona
SC:PY:ng
Enclosure: 1) Agreement No. 12-1318-3 (Original Agreement with Amendments 1-3)

To: Mayor and City Council
From: City Manager
Meeting Date: April 26, 2022
Subject: LOCAL ROADWAY SAFETY PLAN LRSPL-5351 (039)
(NON-CIP NO. 4700) — AWARD PROFESSIONAL

SERVICES AGREEMENT FOR ENGINEERING SERVICES
Recommendation:

1. Award a Professional Services Agreement to TJKM Transportation Consultants to provide engineering services for the development of a Local Roadway Safety Plan, LRSPL-5351 (039) (Non-CIP No. 4700) for an amount not-to-exceed $114,795 and authorize the City Manager to execute the Agreement in a form approved by the City Attorney; and

2. Amend the fiscal year (FY) 2021-22 Adopted Budget by appropriating $50,000 from Proposition C Funds fund balance.

Fiscal Impact:

The Adopted Budget for FY 2021-22 includes appropriations from matching funds:
$48,000 from Proposition C (Account No. 206.70.7300-54500, Non-CIP No. 4700) and $52,000 from the State Grant fund (Account No. 699.70.7300-54500, Non-CIP No. 4700) for a total project budget of $100,000. An additional $50,000 in Proposition C funds (Account No. 206.70.7300-54500, Non-CIP No. 4700) is needed to cover the full amount of the Professional Services and Public Works Department staff time spent managing the project. The total project budget will be $150,000. There is no impact to the General Fund.

Discussion:

In June 2021, the Public Works Department applied for and was awarded a State grant under the Local Roadway Safety Plan Program (LRSP). The intent of the program is to assist local agencies in performing collision analysis, identifying safety issues on their roadway networks and engage the community to develop a list of systemic countermeasures that will be used to prepare future Highway Safety Improvement Program (HSIP) Federal and/or State grant applications, which is a requirement as part of the grant application.

CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 26, 2022
LOCAL ROADWAY SAFETY PLAN LRSPL-5351 (039) (NON-CIP NO. 4700) —

AWARD PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES

The LRSP will provide a systemic safety approach that will focus on evaluating the entire roadway network using a defined set of criteria. The plan will study accident history on an aggregate basis to identify high-risk roadway characteristics, rather than looking at high-collision concentration locations through site analysis. Systemic analysis acknowledges that crashes alone are not always sufficient to prioritize countermeasures across a system. This is particularly true for many local streets with low volumes where crash densities tend to be low and there are few high crash locations, and in urban areas where vehicles interact with vulnerable road users (i.e., pedestrians, bicyclists, and motorcycles). In addition, a key component to a LRSP is community engagement and requires participation of City roadway stakeholders, which will include El Rancho Unified School District, Los Angeles County Sherriff and Fire Departments as well as the general public, to identify traffic safety concerns in the community.

The developed LRSP will analyze reported collisions from 2015-2020 in the City. The study will analyze existing timing at signalized intersections, sight visibility issues on all approaches, adequate lighting, vertical and horizontal road alignments, community concerns and recommend traffic calming devices and safety countermeasures to enhance roadway safety that are in alignment with the general public and City stakeholders priorities.

The LRSP will primarily address distracted driving, speeding, aggressive driving, roadway departure, and head-on collisions, including collisions with bicycles and pedestrians.

To develop the LRSP, it is necessary to secure an engineering consultant. On January 20, 2022, a Request for Proposals (RFP) was published on the Planet Bids via the City’s website. Services requested consist of project management, data collection, public outreach, roadway analysis, countermeasure selection and development of a LRSP.

On February 17, 2022, four (4) proposals were received. A technical panel consisting of Public Works and Community Development staff ranked the proposals. The technical panel used qualifications-based selection criteria to rank the consultants. The selection criteria weighed a number of factors such as project manager and team qualifications, experience on similar projects, and understanding of technical issues specific to this project funded with State LRSP funds.

A summary of the rankings is provided below:

No. Company Name
1 TJKM Transportation Consultants
2 Willdan Engineering
3 KOA Corporation
4 Minagar & Associates, Inc.

CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 26, 2022
LOCAL ROADWAY SAFETY PLAN LRSPL-5351 (039) (NON-CIP NO. 4700) —

AWARD PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES

TJKM Transportation Consultants received the highest ranking from the panel.

Engineering services funded with State funds, must follow the consultant selection process stated in Chapter 10 of the Caltrans Local Assistance Procedures Manual.

Engineering services must be awarded to the consultant that received the highest ranking in a qualification-based selection process, assuming a reasonable fee is negotiated. The selection of TJKM Transportation Consultants complies with this State requirement. Furthermore, State procedures provide that the agency can negotiate with the highest ranked consultant. Upon the selection of TJKM Transportation Consultants as the highest ranked consultant, staff negotiated a fee of $114,795. Staff believes this is an appropriate fee for the scope of services contemplated.

The total project budget is summarized as follows:

Funding Category Estimated Budget
LRSP State Funds (Fund 699) FY 21-22 $52,000
Proposition C (Fund 206) FY 21-22 $48,000
Additional Proposition C (Fund 206) Appropriation $50,000 TOTAL PROJECT BUDGET: $150,000
Development and completion of the LRSP is anticipated by February 2023. The completed report will be used for future Federal and State funding applications for traffic safety improvements throughout the City.

Conclusion:

Staff recommends an award of a professional services agreement to TJKM Transportation Consultants to provide engineering services for the preparation of a LRSP for an amount not-to-exceed $114,795 and an amendment to the FY 2021-22 Budget of $50,000.

Steve Carmona
SC:TR:KG:ll
Enclosure: 1) Professional Services Agreement
Task Description Amount
Design $114,795
Project Management and Staff Time $35,205
Total Estimated Task Cost $150,000
AGREEMENT NO. ____

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF PICO RIVERA AND

TJKM TRANSPORTATION CONSULTANTS

1. IDENTIFICATION
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Pico Rivera, a California municipal corporation (“City”) and TJKM Transportation Consultants, (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as a “Party” and collectively referred to as “Parties.”

2. RECITALS

2.1 City has determined that it requires professional services from a consultant to provide engineering services to develop a Local Roadway Safety Plan, LRSPL5351(039), Non-Capital Improvement Project No. 4700..

2.2 Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

NOW, THEREFORE, for and in consideration of the performance by the Parties of the mutual covenants and conditions herein contained, the Parties hereto agree as follows:

3. DEFINITIONS

3.1 “Scope of Services”: Such professional services as are set forth in the Consultant’s February 17, 2022 proposal to City attached hereto as Exhibit “A” and incorporated herein by this reference.

3.2 “Approved Fee Schedule”: Such compensation rates as are set forth in the Consultant’s February 17, 2022 proposal to City attached hereto as Exhibit “B.”

3.3 “Commencement Date”: April 26, 2022

3.4 “Expiration Date”: June 30, 2023

4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Expiration Date unless extended by written agreement of the Parties or terminated in accordance with Section 22 below.

5. CONSULTANT’S SERVICES

5.1 Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such Enclosure 1
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changes mutually agreed upon by the Parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In no event shall the total compensation and costs payable to Consultant under this Agreement exceed the sum One Hundred Fourteen Thousand Seven Hundred Ninety-Five Dollars and Sixteen Cents ($114,795.16) unless specifically approved in advance, in writing, by City.

5.2 Consultant shall perform all work to the highest professional standards of Consultant’s profession and in a manner reasonably satisfactory to City.

6. COMPENSATION

6.1 City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept in full satisfaction for such services, payment in accordance with the Approved Fee Schedule.

6.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within ten (10) business days of receipt of each invoice, City shall notify Consultant in writing of any disputed amounts included on the invoice. Within thirty (30) calendar days of receipt of each invoice, City shall pay all undisputed amounts included on the invoice. City shall not withhold applicable taxes or other authorized deductions from payments made to Consultant.

6.3 Payments for any services requested in writing by City and not included in the Scope of Services shall be made to Consultant by City on a time-and-materials basis using Consultant’s standard fee schedule. Fees for such additional services shall be paid within sixty (60) days of the date Consultant issues an invoice to City for such services.

7. BUSINESS LICENSE
Consultant shall obtain a City business license prior to commencing performance under this Agreement.

8. COMPLIANCE WITH LAWS
Consultant shall keep informed of State, Federal and Local laws, ordinances, codes and regulations that in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Consultant shall at all times comply with such laws, ordinances, codes and regulations. Without limiting the generality of the foregoing, if Consultant is an out-of-state corporation or LLC, it must be qualified and registered to do business in the State of California pursuant to sections 2105 and 17708.02 of the California Corporations Code. The City, its officers and employees Professional Services Agreement

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shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.

9. CONFLICT OF INTEREST
Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if both: (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute; and (ii) City has not consented in writing prior to Consultant’s performance of such work.

10. PERSONNEL
Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant’s services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City’s premises. Corey Peterson, Project Manager shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement.

No change shall be made in Consultant’s project administrator without City’s prior written consent.

11. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material (“written products”) developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant. If any state, federal, or local law requires mandatory copyright protection for Consultant’s work product, City shall comply with such laws to the extent feasible.

12. INDEPENDENT CONTRACTOR

12.1 Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not at Professional Services Agreement

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any time represent that it is, or that any of its agents or employees are, in any manner employees of City. 12.2The Parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship, joint-employer relationship, or any other relationship between Consultant or Consultant’s employees except as set forth in this Agreement.

12.3 City shall have no direct or indirect control over Consultant’s employees or sub-consultants with respect to wages, hours, and working conditions. In addition, City shall not deduct from the Compensation paid to Consultant any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to Consultant, Consultant’s employees or subconsultants. City shall have no responsibility to provide Consultant, its employees or subconsultants with workers’ compensation insurance or any other insurance.

12.4 The Parties further acknowledges the following: (i) that Consultant shall provide the services outlined in the Scope of Services directly to City; (ii) Consultant maintains a business location at the address listed under Section 20 that is separate and distinct from the City; (iii) Consultant contracts with other businesses to provide the same or similar services and maintains a clientele without restriction from the City; (iv) Consultant advertises and holds itself out to the public as available to provide the same or similar services; (v) unless otherwise specified in this Agreement, Consultant provides its own tools, vehicles, and equipment necessary for performing the Scope of Services; (vi) Consultant has proposed and negotiated its own rates; and (vii) consistent with the nature and demands of the project and the City’s business hours, Consultant may set its own hours and location of work.

13. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data and any copies thereof shall be returned to City upon the termination or expiration of this Agreement.

14. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES
No official or employee of the City shall be personally liable to Consultant in the event of any default or breach by City, or for any amount which may become due to Consultant.

15. INDEMNIFICATION

15.1 The Parties agree that City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, Professional Services Agreement

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expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to City. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to indemnify and protect City as set forth herein. Notwithstanding the foregoing, to the extent Consultant's services 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.

15.2 To the full extent permitted by law, Consultant shall indemnify, hold harmless and defend City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from or arising out of any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant or any of its officers, employees, servants, agents, or subconsultants in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice and expert witness fees and consultant fees. Notwithstanding the foregoing, to the extent Consultant's Services 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.

15.3 City shall have the right to offset against the amount of any compensation due Consultant under this Agreement any amount due City from Consultant as a result of Consultant’s failure to pay City promptly any indemnification arising under this Section 15 or related to Consultant’s failure to either: (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.

15.4 The obligations of Consultant under this Section 15 will not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

15.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 15 from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible and indemnify, hold harmless and defend City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and Professional Services Agreement

TJKM TRANSPORTATION CONSULTANTS

all claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from or arising out of any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subconsultants or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice and expert witness fees and consultant fees.

15.6 City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

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

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

16. INSURANCE

16.1 During the term of this Agreement, Consultant shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Consultant’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:

16.1.1 Comprehensive general liability, and Umbrella or Excess Liability Insurance covering all operations by or on behalf of Consultant providing insurance for bodily injury liability and property damage liability for the following and including coverage for:

Professional Services Agreement

TJKM TRANSPORTATION CONSULTANTS

16.1.1.1 Premises, operations, and mobile equipment

16.1.1.2 Products and completed operations

16.1.1.3 Broad form property damage (including completed operations)

16.1.1.4 Explosion, collapse, and underground hazards

16.1.1.5 Personal Injury

16.1.1.6 Contractual liability
in the amount of One Million Dollars ($1,000,000) per occurrence combined single limit; Two Million Dollars ($2,000,000) aggregate for products/completed operation; Two Million Dollars ($2,000,000) general aggregate (General aggregate must apply separately to Consultant’s work under this Agreement.); and Five Million Dollars ($5,000,000) umbrella or excess liability.

16.1.2 Automobile Liability Insurance for owned, hired and non-owned vehicles utilized by Consultant, its employees or subconsultants, in the amount of One Million Dollars ($1,000,000) per accident for bodily injury and property damage.

16.1.3 Worker’s Compensation Insurance as required by the laws of the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One Million Dollars ($1,000,000) per accident for bodily injury or disease.

16.1.4 Professional Liability Insurance against errors and omissions in the performance of the work under this Agreement with coverage limits of not less than One Million Dollars ($1,000,000) per occurrence of claim/ Two Million Dollars ($2,000,000) in the aggregate.

16.2 Consultant shall require each of its subconsultants, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.

16.3 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide.

16.4 Consultant agrees that if it does not keep the aforesaid insurance in full force and effect City may either: (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.

16.5 At all times during the term of this Agreement, Consultant shall maintain on file with City’s Risk Manager a certificate or certificates of insurance showing that the Professional Services Agreement

TJKM TRANSPORTATION CONSULTANTS

aforesaid policies are in effect in the required amounts and, for the general liability and automobile liability policies, naming the City as an additional insured. Consultant shall, prior to commencement of work under this Agreement, file with City’s Risk Manager such certificate(s).

16.6 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall provide such proof to City at least two weeks prior to the expiration of the coverages.

16.7 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to City. Consultant agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

16.8 The general liability and automobile policies of insurance provided by Consultant shall be primary to any coverage available to City. Any insurance or selfinsurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

16.9 All insurance coverage provided pursuant to this Agreement shall not prohibit Consultant, and Consultant’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against the City.

16.10 Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.

16.11 Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duties to indemnify, hold harmless and defend under Section 15 of this Agreement.

16.12 If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

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17. MUTUAL COOPERATION

17.1 City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available to City for the proper performance of Consultant’s services under this Agreement.

17.2 In the event any claim or action is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require.

18. RECORDS AND INSPECTIONS
Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three years after the expiration or termination of this Agreement. City shall have the right to access and examine such records, without charge, during normal business hours. City shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

19. PERMITS AND APPROVALS
Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary in the performance of this Agreement. This includes, but shall not be limited to, encroachment permits and building and safety permits and inspections.

20.NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile, email, or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the Parties may, from time to time, designate in writing).

If to City: If to Consultant:

Steve Carmona, City Manager
City of Pico Rivera
PO Box 1016
6615 Passons Blvd.

Pico Rivera, California 90660-1016
Facsimile: (562) 801-4765
Nayan Amin, President
TJKM Transportation Consultants
4305 Hacienda Dr. Suite 550
Pleasanton California, 94588
Professional Services Agreement

TJKM TRANSPORTATION CONSULTANTS

With a courtesy copy to:

Arnold M. Alvarez-Glasman, City Attorney
13181 Crossroads Parkway North
Suite 400 - West Tower
City of Industry, CA 91746
Facsimile: (562) 692-2244

21. SURVIVING COVENANTS
The Parties agree that the covenants contained in Sections 13, 15 and Paragraph

17.2 of Section 17, of this Agreement shall survive the expiration or termination of this Agreement.

22. TERMINATION

22.1. City shall have the right to terminate this Agreement for any reason on five (5) calendar days’ written notice to Consultant. Consultant shall have the right to terminate this Agreement for any reason on sixty (60) calendar days’ written notice to City. The effective date of termination shall be upon the date specified in the notice of termination. Consultant agrees that in the event of such termination, City’s obligation to pay Consultant shall be limited to payment only for those services satisfactorily rendered, as solely determined by the City, prior to the effective date of termination. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.

22.2 If City terminates this Agreement due to no fault or failure of performance by Consultant, then Consultant shall be paid based on the work satisfactorily performed, as solely determined by the City, at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.

23. ASSIGNMENT
Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any Party other than Consultant.

24. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY

24.1 In the performance of this Agreement, Consultant shall not discriminate against any employee, subconsultant, or employment applicant because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. Consultant will take affirmative action Professional Services Agreement

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to ensure that subconsultants, employees, and employment applicants are treated without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

24.2 Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

24.3 Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.

25. WARRANTIES

25.1 Each Party has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement, or been provided with an opportunity to receive independent legal advice and has freely and voluntarily waived and relinquished the right to do so. Each Party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such Party’s failure to perform under this Agreement.

25.2 In executing this Agreement, each Party has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever.

25.3 It is agreed that each Party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either Party has the full right and authority to fully commit and bind such Party to the provisions of this Agreement.

26. CAPTIONS

26.1 The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the section or paragraph thereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement.

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26.2 Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

27. NON-WAIVER

27.1 The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing.

27.2 Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any Party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such Party of any of all of such other rights, powers or remedies.

27.3 Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.

28. COURT COSTS AND ATTORNEY FEES
In the event legal action shall be necessary to enforce any term, covenant or condition herein contained, the Party prevailing in such action, whether reduced to judgment or not, shall be entitled to its reasonable court costs, including accountants’ fees and expert witness fees, if any, and attorneys’ fees expended in such action. The venue for any litigation shall be Los Angeles County, California.

29. SEVERABILITY
If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not Professional Services Agreement

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be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

30. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of California.

31. COUNTERPARTS
This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile or email transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the Party whose signature appears in the facsimile or email and shall be binding upon such Party in the same manner as though an originally signed copy had been delivered.

32. ENTIRE AGREEMENT
All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the Parties.

Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed by City and Consultant.

33. MANDATORY FISCAL AND FEDERAL PROVISIONS
Consultant acknowledges that the funding associated with the Scope of Services under this agreement requires compliance with the provisions the California Department of Transportation Local Assistance Procedures Manual (“LAPM”). Consultant agrees that it will be responsible for ensuring that all required fiscal and federal requirements under the LAPM, including but not limited to those listed under Exhibit D, which are incorporated here by reference. Should any conflict arise between the requirements of Exhibit E and this Agreement, the provisions of Exhibit D shall control to the minimum extent required to resolve such conflict.
(signatures on following page)
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TO EFFECTUATE THIS AGREEMENT, the Parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “CITY” “CONSULTANT”

CITY OF PICO RIVERA TJKM TRANSPORTATION CONSULTANTS
______________________________ ___________________________________ Steve Carmona, City Manager Nayan Amin, President
Dated: ________________________ Dated: _____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ ___________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney Professional Services Agreement

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EXHIBIT A

SCOPE OF SERVICES
Professional Services Agreement

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EXHIBIT B

APPROVED FEE SCHEDULE
Professional Services Agreement

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EXHIBIT C

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works”, Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subconsultant that is not registered with DIR pursuant to Section 1725.5. Consultant and subconsultants shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Consultant or any subconsultant ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.

6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subconsultant.

7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to: keep accurate Professional Services Agreement

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payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.

8. Consultant shall comply with and be bound by the provisions of Labor Code seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. The Consultant shall not perform Work with any Subconsultant that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of consultants from public works. The Consultant and Subconsultants shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of consultants from public works. If the Consultant or any subconsultant becomes debarred or suspended during the duration of the project, the Consultant shall immediately notify City.

10. Consultant acknowledges that eight hours labor constitutes a legal day’s work. Consultant shall comply with and be bound by Labor Code Section 1810.

Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Consultant or by any subconsultant for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, 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 contract.” Professional Services Agreement

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12. For every subconsultant who will perform work on the project, Consultant shall be responsible for such subconsultant’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subconsultant a copy of those statutory provisions and a requirement that each subconsultant shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subconsultant’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subconsultant and upon becoming aware of the failure of the subconsultant to pay his or her workers the specified prevailing rate of wages.

Consultant shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent consultants serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subconsultants, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement.

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EXHIBIT D

FEDERAL PROVISIONS AND FORMS
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Required Fiscal and Federal Provisions
ARTICLE I. CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the LOCAL AGENCY’s Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator, as needed, to discuss progress on the AGREEMENT.

ARTICLE II. ALLOWABLE COSTS AND PAYMENTS
A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee.

CITY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds CITY’s approved overhead rate set forth in the Cost Proposal. In the event, that CITY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by CITY shall be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by AGREEMENT amendment.

B. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT. CONSULTANT’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or AGREEMENT award.

C. In addition to the allowable incurred costs, CITY will pay CONSULTANT a fixed fee of $114,795.16. The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.

D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.

E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.

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F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT’s fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, CITY shall have the right to delay payment or terminate this AGREEMENT.

G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.

H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by CITY’s Contract Administrator 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 and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due CITY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to CITY’s Contract Administrator at the following address:

Steve Carmona, City Manager
City of Pico Rivera
PO Box 1016
6615 Passons Blvd.

Pico Rivera, California 90660-1016
Facsimile: (562) 801-4765
I.The total amount payable by CITY including the fixed fee shall not exceed $114,795.16.

J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.

ARTICLE. III TERMINATION
This AGREEMENT may be terminated by CITY, provided that CITY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, CITY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

B. CITY may temporarily suspend this AGREEMENT, at no additional cost to CITY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If CITY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.

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C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to CITY for damages sustained by City by virtue of any breach of this AGREEMENT by CONSULTANT, and City may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due City from CONSULTANT is determined.

D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT. Upon termination, CITY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

ARTICLE IV. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The 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. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the CONSULTANT to CITY.

D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

ARTICLE V. RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and CITY shall maintain all books, documents, papers, accounting records, Independent 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. CITY, 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 the 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.

ARTICLE VI. AUDIT REVIEW PROCEDURES
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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 CITY’S Chief Finance Director.

B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by CITY’S 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 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, cost proposal 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 Contract Administrator 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 AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

E. CONSULTANT’s Cost Proposal 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 Cost Proposal shall be adjusted by the CONSULTANT and approved by the CITY Contract Administrator 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.

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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 paragraph 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 the CONSULTANT fails to comply with the provisions of this paragraph 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 paragraph 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 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.

ARTICLE VII. SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the CITY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the CITY for the acts and omissions of its Subconsultants 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 the CONSULTANT. The CONSULTANT's obligation to pay its Subconsultants is an independent obligation from the CITY's obligation to make payments to the CONSULTANT.

B. The 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 the CITY Contract Administrator, except that which is expressly identified in the CONSULTANT’s approved Cost Proposal.

C. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.

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D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the CITY.

E. Any substitution of Subconsultants must be approved in writing by the CITY Contract Administrator in advance of assigning work to a substitute Subconsultant.

F. Prompt Progress Payment
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 150 percent 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 2 percent 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 attorney’s 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.

G. Prompt Payment of Withheld Funds to Subconsultants
The CITY may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the CITY, of the contract work, and pay retainage to CONSULTANT based on these acceptances. The CITY shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by CONSULTANT or subconsultant to a subconsultant
Method 1: No retainage will be held by the CITY from progress payments due to CONSULTANT. CONSULTANTS and subconsultants are prohibited from holding retainage from subconsultants. 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 other 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.

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.

ARTICLE VIII. EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES Professional Services Agreement

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A. Prior authorization in writing by CITY’s Contract Administrator 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 approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by CITY’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal 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 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.

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.

ARTICLE IX. STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.

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 §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 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.

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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. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §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 §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. 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. The CONSULTANT is required to forward any requests for certified payrolls to the CITY Contract Administrator 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. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.

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5. The CONSULTANT shall inform 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 Contract Administrator.

F. Penalty

1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §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 the requirements of the Labor Code and in particular, Labor Code §§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 §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 prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements:

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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 §§ 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 §1813.

5. Pursuant to Labor Code §1775, 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.

6. If CITY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if 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 §§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 §1815.

H. Employment of Apprentices

1. Where either the prime AGREEMENT or the 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 §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.

2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey Professional Services Agreement

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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 §1777.7.

ARTICLE X. CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the 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. The 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.

B. 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.

C. The 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 services under this AGREEMENT.

D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the 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.

ARTICLE XI. REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The 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 this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

ARTICLE XII. NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless Professional Services Agreement

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exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants 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, 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. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by CITY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, 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 the 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 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. The 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. §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 Professional Services Agreement

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benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

H. The CONSULTANT shall comply with regulations relative to non-discrimination in federallyassisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.

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 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.

ARTICLE XIII. DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the 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 responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

C. Exceptions to the Federal Government Excluded Parties List System maintained by the U.S.

General Services Administration are to be determined by FHWA.

ARTICLE XIV. DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. CONSULTANT, subrecipient (CITY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To Professional Services Agreement

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ensure equal participation of DBEs provided in 49 CFR 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.

CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal. It is CONSULTANT’s responsibility to verify that the DBE firm is certified as DBE at date of proposal opening and document the record by printing out the California Unified Certification Program (CUCP) data for each DBE firm. A list of DBEs certified by the CUCP can be found at the website https://dot.ca.gov/programs/civil-rights/dbe-search.

All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts toward the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are purchased from a DBE regular dealer. • 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 nor regular dealer. 49CFR26.55 defines "manufacturer" and "regular dealer." This AGREEMENT is subject to 49 CFR Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”.

CONSULTANTs who enter into a federally-funded agreement will assist the CITY in a good faith effort to achieve California's statewide overall DBE goal.

B. The goal for DBE participation for this AGREEMENT is 8% Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10-O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: DBE Information – Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR Part 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.

D. Contract Assurance
Under 49 CFR 26.13(b):

CONSULTANT, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.

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Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems 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 proposing as non-responsible E. Termination and Substitution 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 substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the CITY. Unless the CITY’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE Commitment form, included in the Bid.

The CITY authorizes a request to use other forces or sources of materials if CONSULTANT shows any of the following justifications:

1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.

2. 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.

3. Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law.

4. 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).

5. Listed DBE's work is unsatisfactory and not in compliance with the contract.

6. Listed DBE is ineligible to work on the project because of suspension or debarment.

7. Listed DBE becomes bankrupt or insolvent.

8. Listed DBE voluntarily withdraws with written notice from the Contract

9. Listed DBE is ineligible to receive credit for the type of work required.

10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.

11. The CITY determines other documented good cause.

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CONSULTANT shall notify the original DBE of the intent to use other forces or material sources and provide the reasons and provide the DBE with 5 days to respond to the notice and advise CONSULTANT and the CITY of the reasons why the use of other forces or sources of materials should not occur.

CONSULTANT’s request to use other forces or material sources must include:

1. One or more of the reasons listed in the preceding paragraph.

2. Notices from CONSULTANT to the DBE regarding the request.

3. Notices from the DBEs to CONSULTANT regarding the request.

If a listed DBE is terminated or substituted, CONSULTANT must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal.

F. Commitment and Utilization
The CITY’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.

The CITY shall request CONSULTANT to:

1. Notify the CITY’s contract administrator or designated representative of any changes to its anticipated DBE participation

2. Provide this notification before starting the affected work

3. Maintain records including:
• Name and business address of each 1st-tier subconsultant • Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
• Date of payment and total amount paid to each business (see Exhibit 9-F Monthly Disadvantaged Business Enterprise Payment)
If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work.

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. On work completion, CONSULTANT shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form to the CITY within 30 days of contract acceptance.

Upon work completion, CONSULTANT shall complete Exhibit 17-F Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the CITY within 90 days of contract acceptance. The CITY will withhold $10,000 until the form is submitted. The CITY will release the withhold upon submission of the completed form.

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In the CITY’s reports of DBE participation to Caltrans, the CITY must display both commitments and attainments.

G. A DBE is only eligible to be counted toward the AGREEMENT goal if it performs a commercially useful function (CUF) on the AGREEMENT. CUF must be evaluated on an agreement by agreement basis. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the AGREEMENT 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 to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the AGREEMENT is commensurate with the work it is actually performing, and other relevant factors.

H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, AGREEMENT, 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 AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT 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 CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

K. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to CITY’s Contract Administrator within thirty (30) calendar days.

L. After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant shall complete and email the Exhibit 9- F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to the Agency.

M. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section.

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ARTICLE XV. FUNDING REQUIREMENTS
A. 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.

B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to LOCAL AGENCY 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 LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.

D. LOCAL AGENCY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.

ARTICLE XVI. CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties.

B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL AGENCY’s Contract Administrator.

C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by LOCAL AGENCY’s Contract Administrator.

ARTICLE XVII. 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, LOCAL AGENCY 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 AGREEMENT price Professional Services Agreement

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or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

ARTICLE XVIII. DISPUTES
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.

A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY’s Contract Administrator and (Insert Department Head or Official), who may consider written or verbal information submitted by CONSULTANT.

B. Not later than thirty (30) calendar days after completion of all work under the AGREEMENT, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

C. 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.

ARTICLE XIX. INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit LOCAL AGENCY, 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.

ARTICLE XX. 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 LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives. CONSULTANT 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 Vehicle Code §591, LOCAL AGENCY 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.

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ARTICLE XXI. OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of City, and CONSULTANT shall have no property right therein whatsoever. Immediately upon termination, City shall be entitled to, and CONSULTANT shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to City which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by City.

B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.

C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract. Any reuse by City for another project or project location shall be at City’s sole risk.

D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts).

E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

ARTICLE XXII. CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR A. If claims are filed by LOCAL AGENCY’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; CONSULTANT agrees to make its personnel available for consultation with LOCAL AGENCY’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

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B. CONSULTANT’s personnel that LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from LOCAL AGENCY. 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 LOCAL AGENCY’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.

ARTICLE XXIII. CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY’s operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.

B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.

C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or LOCAL AGENCY’s actions on the same, except to LOCAL AGENCY’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.

D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY’S written permission.

E. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than LOCAL AGENCY, Caltrans, and/or FHWA. All of the materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, City has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.

ARTICLE XXIV. NATIONAL LABOR RELATIONS BOARD CERTIFICATION Professional Services Agreement

TJKM TRANSPORTATION CONSULTANTS

In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-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.

ARTICLE XXV. EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.

Professional Engineering Services
to Develop a
Local Roadway Safety Plan
Non-CIP No. 4700
LRSPL-5351(039)

PROPOSAL FOR
FEBRUARY 17, 2022
CALIFORNIA | FLORIDA | TEXAS
Corporate Office 4305 Hacienda Drive, Suite 550, Pleasanton, CA 94588 925.463.0611 www.TJKM.com
February 17, 2022
City of Pico Rivera
Department of Public Works
6615 Passons Boulevard
Pico Rivera, CA 90660*
Subject: Proposal for Professional Engineering Services to Develop a Local Roadway Safety Plan, Non-CIP NO. 4700, LRSPL-5351(039)
Dear Selection Committee:

TJKM Transportation Consultants (TJKM) is pleased to submit our Proposal for the Local Roadway Safety Plan for the City of Pico Rivera. We are confident that the TJKM Team will meet the goals and objectives for this project, all while exceeding your expectations within budget and on schedule.

TJKM provides transportation planning, traffic design, traffic operations, traffic safety studies, and multimodal planning and design services throughout California, Florida, and Texas. Founded in 1974, TJKM currently has a staff of 40 employees with key offices in Pleasanton, San Jose, Sacramento, Santa Rosa, Fresno, and Inglewood California; as well as St. Petersburg and Tampa, Florida; and Austin, Texas. Our projects range in size from short-term engagements developing meaningful safe mobility solutions for all for a wide range of transportation issues to long-term planning for new developments, communities, and transportation systems. TJKM has been involved in more than 8,000 transportation projects, and averages over 240 new projects each year. We have assembled a dedicated team of inhouse experts who have the demonstrated capabilities to meet the technical, managerial, and schedule challenges to be encountered on this project.

To meet the specific needs of the City, we are pleased to propose Mr. Cory Peterson as the Project Manager for this contract. Mr. Peterson has six years of experience in transportation planning and Geographic Information Systems work, specializing in Local Roadway Safety Plans, bicycle and pedestrian planning, safety studies, long-range transportation plans and studies, and grant writing/administration. He serves as a Senior Transportation Planner for TJKM. The TJKM Team brings current knowledge and experience to the City and is ready to “hit the ground running”.

Mr. Peterson will be supported by our proposed Principal-In-Charge, Ms. Jariwala and Mr. Mark Doty, Deputy Project Manager. Deputy Project Manager, Mr. Doty is located in our Inglewood office and is an authorized alternate individual to respond to this Request for Proposal and for the City to contact.

Project Understanding
TJKM understands that the City is seeking transportation planning and engineering services to prepare a Local Roadway Safety Plan (LRSP). We understand that the LRSP will be a required document to apply for HSIP funding, starting with Cycle 11 in Spring 2022. Tasks on this project will include a review of the City’s planning documents/upcoming projects, gathering collision data, performing a systemic collision analysis and identifying highrisk roadway networks, selecting emphasis areas, developing a countermeasure toolbox, and creating safety projects with cost estimates and benefit/cost ratios. Our team has completed (or is currently working on), more than 30 LRSPs across California. We are confident that we will be able to perform this project with proficiency, on-time, and within budget.

Statements
TJKM has reviewed the sample agreement for consulting services and is willing to accept the terms and conditions set forth in the agreement.

TJKM’s Proposal is valid for a period of 90 days from the due date.

Professional Engineering Services to Develop a Local Road Safety Plan | i

TABLE OF CONTENTS
Understanding of Scope of Services .................................................................................................................................................... 1 Project Understanding ................................................................................................................................................................... 1 Project Approach ........................................................................................................................................................................... 1 Methodology .................................................................................................................................................................................. 2 Methodology & Work Plan..................................................................................................................................................................... 3 Project Management............................................................................................................................................................................. 7 Key Personnel....................................................................................................................................................................................... 9 Organizational Chart...................................................................................................................................................................... 9 Resumes........................................................................................................................................................................................ 9 Statement of Qualifications.......................................................................................................................................................... 16 TJKM Overview........................................................................................................................................................................... 18 Relevant Experience........................................................................................................................................................................... 21 Schedule.............................................................................................................................................................................................. 26 Fee Proposal....................................................................................................................................................................................... 27 Certifications........................................................................................................................................................................................ 28 Understanding Scope of Services
Professional Engineering Services to Develop a Local Road Safety Plan | 1 TJKM Transportation Consultants (TJKM) is pleased to submit our Proposal for Professional Engineering Services to Develop a Local Road Safety Plan for the City of Pico Rivera.

UNDERSTANDING OF SCOPE OF SERVICES
Project Understanding
TJKM understands that the City of Pico Rivera is seeking comprehensive services to develop a LRSP to follow up the City’s 2020 Systemic Safety Analysis Report. We understand that, based on Caltrans Highway Safety Improvement Program (HSIP) guidelines, a LRSP will be required for applying to grants in the Cycle 11 call-for-projects and in future cycles. The overarching goal of a LRSP is to reduce fatal and severe injury traffic collisions. The LRSP will include at a minimum: literature review, safety (collision) analysis, countermeasure toolbox, viable safety projects, and an implementation plan. The LRSP is implemented through a holistic approach incorporating the 5 E’s of traffic safety (Education, Engineering, Enforcement, Equity, and Emergency Medical Services) that will enhance safety for all modes of transportation. A successful LRSP will also identify viable safety projects with reasonable cost estimates and phasing.

It will contain a monitoring mechanism to evaluate effectiveness of the plan itself. The following flow chart details our approach to complete the LRSP:

Project Approach
The LRSP will be tailored to the local protocols, needs, issues and will fully comply with Federal and State guidelines and directives. With our extensive experience in successfully delivering safety programs, the TJKM Team has identified the following key highlights:
 Determining Visions and Goals - Thorough document review and stakeholder discussions to finalize LRSP vision statement and goals.
 Analyzing Collision Trend - Conducting comprehensive and systemic collision analysis, which further helps develop lists of risk factors and define Emphasis Areas.
 Identifying Countermeasures and Non-Engineering Strategies - Identifying appropriate countermeasures that are consistent with local and regional planning directions, design guidelines, and fund-eligible; identifying nonengineering strategies that can be engaged by local communities.  Engaging and Integrating Stakeholder Input - The process to foster communication with stakeholders and general public, gathering valuable input/concerns related to road safety; incorporating concerns into 5 E’s strategies such that all concerns are addressed.
 Prioritizing Actions and Identifying Funding Strategies - Develop a detailed implementation matrix containing timeline, responsible agencies, required cost, and potential funding opportunities.

Professional Engineering Services to Develop a Local Road Safety Plan | 2 Methodology
This section describes the proposed methodologies to be used in different stages of the project.

IDENTIFY HIGH-RISK NETWORK
Collision Data
One of the most critical steps in developing an LRSP is to collect complete and accurate collision data. TJKM will obtain and consolidate the latest five years of collision data from Transportation Injury Mapping System (TIMS), the Statewide Integrated Transportation Records System (SWITRS), and any locally maintained collision databases. These sources will be cross referenced to ensure that all available collision data is captured. In addition, we will, as needed, reference supplemental information from City records, such as complaint database, local police reports if available.

Location Ranking: Equivalent Property Damage Only (EPDO) TJKM proposes to use the EPDO methodology from the Highway Safety Manual (HSM), to identify and rank the locations from most needing safety improvement to the least.

We will rank all the intersections and roadway segments by collision frequency and EPDO scores, which generally reflect the order of magnitude difference between the societal costs of fatal and severe injury crashes versus non-severe injury crashes. This practice helps our planners and engineers to identify prioritized locations for field review. The goal is to identify high-concentration collision locations and similar intersections/roadways that may not have the same collision history but share similar risk factors.

GIS Coding and Processing
TJKM will identify collisions within 250 feet of an intersection for calculating EPDO scores. For roadway segments, we will employ the Sliding Window Algorithm as per the HSM to partition a city’s roadway system into equal segments (0.3 mile).

A 0.3-mile “window” then slides by an increment of 0.1 mile to identify the segments of roadways for safety improvements.

GIS coding allows us to mine the collision databases and evaluate complex queries to determine more detailed clues as to when and where the most frequent and severe collisions of a specific type, or involving a particular road user, have occurred. This will help our field staff visit the roadway locations with the highest potential crash risk and observe crashsusceptible conditions in the field where they are likely to occur and investigate the various physical aspects that are contributing to these risks.

SELECT COUNTERMEASURES
HSIP-Eligible Countermeasures
TJKM will focus on finding the ideal balance between collision analyses on a systemic basis and addressing highconcentration collision locations. The engineering countermeasures will be systemically applied, if applicable. We will use our experience in working with other Southern California cities to address safety issues on their streets to find appropriate countermeasures that fit the context. The countermeasures will be categorized by facility type, (i.e., Signalized Intersection, Non-signalized Intersection, and Roadway Segments). The following factors will be considered for prioritizing countermeasures:
 CMF applicability
 Estimates of crash reduction benefits based on EPDO values by collision severity  Equitably mitigating safety issues for all modes of transportation  Applicability to multiple locations
 Consistency with City's standard practices
 Implementation cost
 Right of way requirements
 Federal funding eligibility
 Public acceptance
Countermeasures will then be grouped together to form safety projects. TJKM will work with City staff to develop projects with appropriate Benefit/Cost Ratios (BCR) that can be used to apply for HSIP funding.

Methodology & Work Plan
Professional Engineering Services to Develop a Local Road Safety Plan | 3

METHODOLOGY & WORK PLAN
The scope TJKM proposes builds on and has expanded the scope outlined in the Request for Proposal (RFP) based on our extensive experience developing numerous LRSPs.

TASK 1. PROJECT MANAGEMENT
Subtask 1.1 Kick-Off Meeting
Within a week of notice-to-proceed, TJKM will facilitate a virtual project Kick-off meeting with the City’s Project Manager (PM) and others suggested departmental staff. The purpose of the meeting will be to:
 Discuss and define specific goals of the LRSP with respect to crash reduction  Discuss and finalize the tasks to perform, timeline, and project milestones  Discuss critical data needs and data analysis
 Discuss potential list of stakeholders
 Establish a Project Development Team (PDT) of City staff TJKM will prepare meeting materials including agenda, sign-in sheets, and related handouts, PowerPoint presentations (if necessary), and summarize meeting notes and action items.

Subtask 1.2 Monthly Meetings and Schedule Updates
TJKM expects constant correspondence with City’s PM during the development of the LRSP. We will also facilitate monthly meetings with the City’s PDT to ensure the project is on track and within budget. Meetings will be held via Zoom virtual conferencing. For each meeting, TJKM will prepare an Agenda, updated the schedule, prepare meeting minutes, and action items.

Task 1 Deliverables
 Meeting Agendas and Minutes for all meetings (up to nine meetings)  Project schedule and updates
TASK 2. IDENTIFY & ENGAGE STAKEHOLDERS
Subtask 2.1 Stakeholder Meetings
This task includes identifying and meeting with stakeholders whom should be involved in the development of the LRSP.

At the Kick-Off Meeting, TJKM will work with City’s PM to obtain a roster of potential stakeholders and begin the recruitment process of the stakeholder group. This could include community residents, businesses, schools, transportation providers, law enforcement, and first responders.

The intent of the meetings and ongoing interactions is to solicit input with regard to transportation safety concerns associated with the 5 E’s. It also ensures the vision of the LRSP aligns across departments and community members.

TJKM proposes to meet with the group twice:
 Virtual Meeting #1: Meet with stakeholders to establish LRSP vision and goals, express traffic safety concerns; report results of collision analysis, and high-risk locations. Depending on COVID-19 pandemic conditions, this meeting could optionally be held in-person.
 Virtual Meeting #2: Provide feedback and input on emphasis areas and the potential countermeasures and prioritize safety projects for implementation. Review and comment on the draft LRSP.

A TJKM staff member (Ana Dominguez) will be present at both meetings to provide Spanish translation as needed.

Subtask 2.2 Community Outreach
Our team understands that the key to a successful LRSP is to ensure that community input informs the subsequent recommendations of the LRSP. We propose to center the community engagement process around a project website with an interactive map input tool. The project website will consist of: 1) project overview; 2) progress update; 3) upcoming events; and 4) interactive map input. We will generate city specific URLs, e.g., Picoriverasafestreets.com.

We will work with City staff to promote the project website on the City’s official website and social media (e.g., Facebook, Instagram, Next Door, and Twitter) pages with graphics and verbiages. The website and all social media posts will be translated into Spanish. We will maintain and frequently update the website with latest project information.

Professional Engineering Services to Develop a Local Road Safety Plan | 4 Task 2 Deliverables
 Stakeholder meetings (up to two meetings), meeting agendas, and minutes for all meetings  Project website and social media outreach materials (English and Spanish) TASK 3. DATA COLLECTION & FIELD REVIEW
Subtask 3.1 Document Review
The purpose of this task is to ensure the LRSP vision and goals are aligned with prior planning efforts and that the potential E’s strategies are consistent with local and regional policies, guidelines, and programs. TJKM will first collect and review documents pertaining to the LRSP, such as the City’s General Plan, any bicycle/pedestrian plans, neighborhood plans SCAG’s Regional Transportation Plan, etc. We will summarize contents and key transportation projects and efforts to address traffic safety of the aforementioned documents in a Technical Memorandum. Based on our firm’s experience, we will ensure the LRSP is developed in consistence with the following documents:

Subtask 3.2 Data Collection
Collision Data. TJKM will obtain the latest five years of collision data from the Transportation Injury Mapping System (TIMS) and the Statewide Integrated Traffic Records System (SWITRS) for crosschecking. We will reference additional supplemental information from the City or LA County Sheriff’s Department, such as additional collision data or a complaint database, if available.

Volume Data. We will work closely with City staff to obtain Average Daily Traffic (ADT) volumes, roadway data, and intersection turning movement counts available from City’s recent studies, e.g., Engineering and Traffic Survey, traffic impact studies, etc.
 Multimodal activity, demand, and behavior
 Right of way information, including number of lanes,
lane width, median type and width, shoulder type and
width (if any)
 Pavement markings and signage
 Horizontal and vertical curvature, super-elevation,
delineation or advance warning devices
 Presence of lighting
 Sight Distance
 Intersection traffic control device, including number of signal heads vs. number of lanes, presence of back
plates, etc.
 Intersection skew angle
 Intersection located in or near horizontal curve
 Presence of left-turn or right-turn lanes
 Left-turn phasing
 Allowance of right-turn-on-red
 Overhead versus pedestal mounted signal heads
 Pedestrian crosswalk presence, crossing distance,
signal head type
 Posted speed limit or operating speed
 Presence of nearby railroad crossing
 Location and presence of bus stops
Field Observation. TJKM will conduct field reconnaissance at high-risk locations for verifying roadway configurations and infrastructure deficiencies and opportunities for improvements. We will identify major risk factors attributed to historical collisions. The following are roadway features that we will record:

Task 3 Deliverables
 Draft and Final Memorandum summarizing Task 3
 GIS shapefiles and Excel sheets of the collision database and high-risk network database  Caltrans LRSM (4-2020)
 National Association of County Engineers (NACE) - A
Template for Local Roadway Safety Plan
 FHWA - Local and Rural Road Safety Briefing Sheets:

Local Road Safety Plans
 FHWA - Developing Safety Plans: A Manual for Local
and Rural Road (2012)
 FHWA - Systemic Safety Project Selection Tool (2013)
 FHWA - Local and Rural Road Safety Program
 California’s Strategic Highway Safety Plan (SHSP)
 Highway Safety Manual
 NACTO, American Association of State Highway and
Transportation Officials, California Manual on Uniform
Traffic Control Devices (MUTCD)
 California Vehicle Code (CVC)
 California Highway Design Manual (HDM)
 Caltrans Local Assistance Manual and Program
Guidelines
Professional Engineering Services to Develop a Local Road Safety Plan | 5 TASK 4. SAFETY ANALYSIS
Subtask 4.1 Systemic Safety Analysis and Trend Analysis TJKM will conduct a citywide collision analysis with an emphasis on Fatal and Severe Injury (F+SI) collisions. This will be a data-driven process including the following steps:
 Collision Trend: Analyzing and summarizing collision distribution including severity, travel mode, trend over time, lighting conditions, weather conditions, time of day, demographics of the victims and parties at-fault, collision type and violation category. We will identify trends that are increasing and which ones are receding and evaluate measures the City has taken thus far to address collision trends, including comparing collision trends with the City’s 2020 Systemic Safety Analysis Report.
 Collision Profile: Combining collision factors to identify prominent collision types.  Bicycle/Pedestrian Collisions: We will separately examine bicycle and pedestrian involved collisions to understand the factors leading to these collisions.

We will produce GIS-based mappings, charts, and other visualizations to help inform decision-making. We will summarize the collision analysis and maps in a Technical Memorandum.

Subtask 4.2 Identify High-Risk Network
This is a critical step to identify collision-prone locations throughout the City so that future incidents can be prevented.

Primarily, TJKM will identify a high-risk network, which will include a list of the top 10 high-risk intersections and top 10 roadway segments in Pico Rivera.
 Location Ranking/EPDO: TJKM proposes to use the Equivalent Property Damage Only (EPDO) methodology from the Highway Safety Manual (HSM), to identify and rank the locations from most needing safety improvement to the least.
 GIS Coding and Processing: TJKM will identify collisions within 250 feet of an intersection for calculating EPDO rate as described in the Project Approach. For roadway segments, we will employ the Sliding Window Algorithm as per the HSM to partition the city’s roadway system into equal segments (0.3 mile). A 0.3-mile “window” then slides by an increment of 0.1 mile to identify the segments of roadways for safety improvements.

Task 4 Deliverables
 Collision Analysis Memorandum with High Risk Network
TASK 5. COUNTERMEASURES & SOLUTIONS
Subtask 5.1 Emphasis Areas
Based on the collision history analyzed, high-risk network identified, and stakeholder input, TJKM will identify up to 10 emphasis areas. The emphasis areas could include infrastructure deficiencies, collision types, and human factors. Each emphasis area will include a description, objective, target outcome, the potential 5 E’s strategies and performance indicators. The emphasis areas will be developed in consultation with the stakeholder group.

Subtask 5.2 Countermeasure Toolbox
As we determine emphasis areas for enhancing safety for all roadway users in the City, TJKM will build a toolbox of E’s strategies for each of the aforementioned emphasis areas. This toolbox will inform City engineers, other staff, elected officials, and the general public about measures to address traffic safety issues in the City.

TJKM will leverage our expertise in traffic calming, complete streets, active transportation, and traffic operations. We will also consider the safety improvements identified as part of other studies within the City at high-risk locations, and will review the effectiveness of any improvements that have previously been implemented by comparing collision trends.

TJKM will select feasible and HSIP eligible countermeasures based on numerous data attributes, e.g., roadway characteristics, number of lanes, pavement conditions, traffic control types, collision information: collision types/collision locations, and primary collision factors. We will use the FHWA Crash Modification Factor Clearinghouse and other published research papers to evaluate the Crash Reduction Factor and effectiveness of each countermeasure.

Subtask 5.3 Safety Projects, Cost Estimate, and BCR Analysis Based on previously completed tasks, TJKM will identify viable safety projects (engineering) in accordance with Caltrans LRSM. This will include combinations of HSIP-eligible countermeasures identified in previous tasks. We will first develop detailed cost estimates for the identified projects. At the time, we will submit the first draft of projects for City review. Upon receiving comments, TJKM will finalize the list of projects and conduct a BCR analysis on all the identified projects for Professional Engineering Services to Develop a Local Road Safety Plan | 6 ranking. We will utilize LRSM approved BCR formula, crash costs in 2021 dollars, as well as the HSIP BCR Analyzer for verification purposes. Our design team and planners have extensive experience in preparing safety programs and design plan cost estimates. The team will develop a robust cost estimate sheet per project in construction, design, environmental, mobility, administrative, and with reasonable contingency.

Subtask 5.4 Implementation Plan
The implementation program will phase safety strategies and engineering projects in a five to 10-year span. It will also categorize projects into maintenance versus capital improvements with associated timing and responsible departments, which will inform budgeting of the City’s Capital Improvement Program. It will include a template by which the City can continuously update the LRSP as needs arise and the resources necessary to do so are available. It will recommend the necessary resources to continue to move the City towards a sustained and successful effort in addressing traffic safety.

Ultimately, TJKM wishes to leave the City with an implementable plan that assists in meeting traffic safety and Vision Zero goals.

TJKM can assist in writing a Vision Zero policy and its associated goals/performance metrics, if desired by the City. The LRSP overlaps with Vision Zero policy and metrics, and as such could benefit from consolidated efforts. The goals will be structured in a way that provides action items for City staff and help to work towards a goal of zero traffic fatalities in the City of Pico Rivera.

Potential funding sources for each project depend on types of improvements and travel modes. TJKM will develop a matrix of pursuable Federal and State grant fact sheets that instructs City staff with materials and timeline for each funding opportunity.

Task 5 Deliverables
 Emphasis Areas Memorandum
 Countermeasure Toolbox
 Safety Projects Memorandum with cost estimates and benefit/cost ratios  Implementation Program
 Vision Zero Policy (if desired)
TASK 6. LOCAL ROADWAY SAFETY PLAN
Subtask 6.1 LRSP Report
Based on the work completed under previous tasks, TJKM will prepare the City of Pico Rivera LRSP report, first in draft format for review by City’s PM and stakeholders and, after receiving comments, a final report. The LRSP report will contain at a minimum the following sections (subject to adjustments):
 Executive Summary
 Introduction, Vision, Goals, and Objectives
 Safety Partners and Community Outreach
 Collision Data, Systemic Safety Analysis, and Results  Emphasis Areas, Existing Efforts, 5 E Strategies, and Performance Measures
 Countermeasure Toolbox
 Safety Projects, Cost Estimate, and BCR
 Prioritization and Implementation Action Plan
 Monitoring and Ongoing Coordination
We will prepare a PDF version of the report for City staff comment. Once comments are received, we will address them and produce a digital PDF and Word version of the Final Report.

Subtask 6.2 City Council Adoption
As requested, TJKM will be present at a meeting of the Pico Rivera City Council to present the final LRSP for adoption.

We will work with City staff to prepare any presentation materials, if necessary.

Task 6 Deliverables
 Draft and Final LRSP
 Attendance at one City Council meeting
Project Management
Professional Engineering Services to Develop a Local Road Safety Plan | 7

PROJECT MANAGEMENT
The TJKM Project Management plan that will be used on these projects is based on proven management, lessons learned and administrative systems developed to enhance communication among the City of Pico Rivera, the TJKM Project Manager and team members, and other affected agencies. This management approach has been used successfully on numerous projects throughout California. The TJKM Project Management plan has the following elements:

Work Plan - It is a TJKM policy to prepare a Work Plan for all projects, large and small. Upon receipt of a Notice-toProceed, we will prepare, in consultation with the City and other local jurisdictions, an overall project work plan that includes detailed work elements for each team specialty. A TJKM work plan typically includes definition of the project purpose, task objectives, scope of services, staffing, coordination requirements, deliverables, budget; schedule; and monitoring and reporting procedures.

Coordination and Communication - Frequent and effective communication between the City, other local jurisdictions, and the TJKM Team is needed to maintain the project schedule and ensure a quality product. The key to our success is an
integrated team approach. Our goal is "no surprises" and a partnership that has common understanding and expectations every step of the way. Mr. Peterson will maintain close communication with the City’s Project Manager by personal contact, telephone, written communications, and meetings. Our project manager strongly believes in the necessity and benefit of scheduled monthly progress meetings. Mr. Peterson, as well as other key team members, will meet with the City’s Project Manager monthly to discuss project issues, status, schedule, budget and invoicing items. This will ensure that our "no surprises" goal is maintained and the City is thoroughly aware of all aspects of the project. The TJKM Team will maintain regular contact with City staff to ensure clear communication on project tasks, products, meetings and schedule.

Specifically we will:
 Hold scheduled conference calls to review project status and discuss key issues. During these calls, we will discuss various project deliverables including workshop agendas, workshop summaries, proposed alternatives, preferred alternative, draft plan and final plan documents.
 Participate in additional calls and meet with City staff, as needed at key stages during the planning effort to review key ideas, products, deliverables, project status and overall project direction and budget.  Manage all aspects of the project to maintain project schedule and budget, maintain continuous liaison with the City and other stakeholders.
 Prepare and submit monthly progress status updates to the City. The reports will include progress of work; status of public involvement; updated project schedule; information/decisions required to maintain schedule and complete deliverables; problems encountered that may affect schedule; budget or work products and anticipated work products for the following month.

Cost Control - Control of project costs will be accomplished by monitoring on a task level basis. This detailed task level will roll up into milestone summaries and a project summary. Our cost accounting system is a "live" database that the project manager can access to determine the financial status of the project at any time. Cost control reporting to TJKM’s Project Manager will be implemented through the invoicing process. Progress reports will also be included to relay information on project progress and critical issues.

Schedule Control - Establishing a schedule that meets the project objectives is relatively easy. Maintaining this schedule during changing project priorities, unforeseen conditions, public consensus building, etc., is a challenge. The project work scope will be broken down by function and separated into defined tasks. Tasks will be linked logically and will be sufficiently detailed to allow for realistic representation of the project. Project progress will also be monitored by percent complete for each task.

Professional Engineering Services to Develop a Local Road Safety Plan | 8 QA/QC Procedures - TJKM’s Design Quality Assurance (QA) Procedures are utilized throughout the life of the Project.

Quality Control (QC) starts at the proposal and scope definition stage and continues through the completion of all assignments. To assure that errors, omissions and ambiguities in submittals and drawings are limited to an absolute minimum, the responsibilities for technical review, peer review/coordination checking, and technical audit functions are assigned to the appropriate TJKM Team members. TJKM’s approach integrates the work of our subconsultants into the quality control system through the use of established procedures and our peer review/independent checking capability augmented with technical audits.

QC Program - TJKM’s Quality Control Program provides quality services and products that meet or exceed the expectations of our clients. Quality Control is an integral part of TJKM’s entire professional service process, which is integrated into our work plan, and CADD design and drafting processes. The formal Quality Control Reviews consist of "Constructability Reviews" and "Project Manager and Project Engineer Reviews". All formal Quality Control Reviews will result in comments recorded on Comment Sheets. TJKM’s
established Quality Control Plan ensures that TJKM will receive thorough and accurate design documents and reports that are prepared in formats consistent with local agency and Caltrans guidelines. Our Project Manager has responsibility for implementation of the Quality Control Plan.

Key Personnel
Professional Engineering Services to Develop a Local Road Safety Plan | 9

KEY PERSONNEL
Organizational Chart
Our Team Organization Chart illustrates our proven “chain of command” for performance on similar projects. The proposed organization is a fully integrated team under the direction of Ms. Ruta Jariwala, PE, TE, Principal-In-Charge, Mr. Cory Peterson, Project Manager, and Mr. Mark Doty, Deputy Project Manager. Work will be conducted under the direct supervision/direction of our Project Manager, Mr. Peterson and Deputy Project Manager, Mr. Doty. They will be responsible for overall coordination on this contract, maintaining the effectiveness and efficiency of the work, schedule, and ensuring the work products are to the satisfaction of the City and stakeholders. We anticipate working closely with the City staff to ensure understanding of project objectives from start to project completion. Mr. Peterson and Mr. Doty will be responsible for day-to-day coordination and activities and will be the single point of contact. They will be available to the City and stakeholders at a short notice. Our proposed team members will be made available to the City for the duration of the project, and will not be substituted without approval from the City.

Resumes
On the following pages are resumes of our key staff.

Professional Engineering Services to Develop a Local Road Safety Plan | 10 Ms. Jariwala has 23 years of professional experience in the areas of traffic safety, traffic operations, transportation planning, freeway and arterial management studies, signal coordination, traffic signal systems, traffic impact studies/EIRs and ITS planning, design and construction oversight. She has extensive experience in macro and microscopic model development and application for analysis of traffic operations for express lane studies as well as multimodal operations, light-rail, bus rapid transit, pedestrian, bicyclists, and traffic safety studies.

Local Roadway Safety Plan, Glendale, CA: Task Lead on team assisting the City to prepare the LRSP. The LRSP will be a living document including systemic safety analysis, identification of high-risk roadway segments and intersections, emphasis areas and 4 E’s strategies, a countermeasure toolbox, and priority safety projects viable to be phased in short, near, and long-term implementation. Wewill prepare and submit three HSIP applications for Cycle 11 on behalf of the City.

Local Road Safety Plan, Culver City, CA: Project Manager responsible for conducting a LRSP for enhancing safety on city roadways for all travel modes. The Team will be customizing effective measures under various E’s, including Engineering, Education, Encouragement, Enforcement, Emerging Technologies, and Evaluation. We will also be preparing HSIP applications on behalf of the city aiming for Cycle 10 submission.

Local Roadway Safety Plan, Yorba Linda, CA: Task Lead assisting the City of Yorba Linda in preparing their LRSP to identify and address traffic safety issues on Yorba Linda streets. Tasks on this project will include a review of the transportation system, systemic collision analysis, identification of the top 10 high risk intersections and 10 roadway segments, emphasis areas with 4 E’s strategies, a countermeasure toolbox, and safety projects. TJKM will be preparing two HSIP Cycle 11 grant applications on behalf of the City.

Countywide Local Roads Safety Plan, Santa Clara County, CA: Project Manager that will analyze traffic collisions on local roads throughout Santa Clara County, in coordination with the 15 cities and unincorporated county. The project will include collision analysis and recommended solutions from a countywide level, and for each local jurisdiction. The purpose of the plan is to develop high-level solutions to address fatal and severe injury collisions, and to prepare Santa Clara County’s Cities and Towns to apply for HSIP Cycle 11 funding. The project is in the beginning stages.

Local Roadway Safety Plan, Napa, CA: Project Manager for the Napa LRSP, which will analyze traffic collisions on the City’s roadways and recommend solutions with a particular emphasis on multimodal travel. Tasks include document review, stakeholder outreach, systemic safety analysis, emphasis areas, countermeasure selection, and safety projects.

It also includes grant application preparation for the HSIP Cycle 11 call for projects. The project is in the beginning stages.

Local Roadway Safety Plan, Kern County, CA: Project Manager responsible for preparing LRSP’s for nine cities in Kern County as one single contract, including the Cities of Arvin, Bakersfield, California City, Delano, Maricopa, Shafter, Taft, Tehachapi, and Wasco. The scope includes two HSIP application preparations for each City.

Local Roadway Safety Plans, Mendocino County, CA: Project Manager preparing LRSP’s for four local agencies in the County as one single contract, including the Cities of Ukiah, Willits, Fort Bragg, Point Arena, and the unincorporated County area. The scope includes HSIP application preparations for each local agency and a joint online interactive safety platform for ongoing data sharing and public outreach.

Local Road Safety Plan, Folsom, CA: Task Lead preparing the LRSP comprised of data- and community-driven decision-making process, with the overarching goal of reducing the number of fatal and severe injury collisions in the city using the four E’s of traffic safety.

Local Road Safety Plan, Farmersville, CA: Principal-In-Charge. The Team has identified the high-risk intersections and roadway segments for determining the most feasible countermeasures. Some of the next steps include identification of countermeasures, priority safety projects, and emphasis areas.

Local Roadway Safety Plan, Dinuba, CA: Principal-In-Charge for a LRSP, which analyzes traffic collisions on the City’s roadways, develops emphasis areas, recommends countermeasures, and develops safety projects. The report will also include the preparation of HSIP Cycle 11 grant ready materials.

Ruta Jariwala, PE, TE | Principal-In-Charge
Years of Experience: 23 Years
Registration: CA CE 73840 | CA TE 2465 | TX CE 135281
Education: M.S., Civil Engineering, San Jose State University, San Jose, CA B.S., Civil Engineering, Bombay University, Mumbai, Maharashtra, India Professional Engineering Services to Develop a Local Road Safety Plan | 11 Mr. Peterson serves as a Senior Transportation Planner for TJKM in the Austin, Texas area. He has eight years of experience in transportation planning and GIS work, specializing in Local Road Safety Plans, bicycle and pedestrian planning, safety studies, long-range transportation plans and studies, and grant writing/administration. Mr. Peterson comes to TJKM from the public sector, where he served nearly two years as a Planning Assistant for the Solano Transportation Authority in the San Francisco Bay Area. Prior to that, he held two GIS internships while in college; one in the private sector and the other with the California Department of Transportation.

Countywide Local Roads Safety Plan, Santa Clara County, CA: Deputy Project Manager for Santa Clara Valley Transportation Authority Countywide LRSP, which will analyze traffic collisions on local roads throughout Santa Clara County, in coordination with the 15 cities and unincorporated county. The project will include collision analysis and recommended solutions from a countywide level, and for each local jurisdiction. The purpose of the plan is to develop high-level solutions to address fatal and severe injury collisions, and to prepare Santa Clara County’s Cities and Towns to apply for HSIP Cycle 11 funding. The project is in the beginning stages.

Local Roadway Safety Plan, Napa, CA: Deputy Project Manager for the Napa LRSP, which will analyze traffic collisions on the City’s roadways and recommend solutions with a particular emphasis on multimodal travel. Tasks include document review, stakeholder outreach, systemic safety analysis, emphasis areas, countermeasure selection, and safety projects.

It also includes grant application preparation for the HSIP Cycle 11 call for projects. The project is in the beginning stages.

Local Roadway Safety Plan, Williams, CA: Project Manager for the Williams LRSP, which will analyze traffic collisions on the City’s roadways and recommend solutions. Tasks include document review, stakeholder outreach, systemic safety analysis, emphasis areas, countermeasure selection, and safety projects. It also includes grant application preparation for the HSIP Cycle 11 call for projects.

Local Road Safety Plan, Solano County, CA: Project Manager for the Solano County LRSP, which will analyze traffic collisions on the county’s rural roads. Tasks include literature review, systemic safety analysis, and identification of highrisk locations, countermeasure selection, and safety project development. Additional analysis will occur on rural corridors that are used as reliever routes for nearby congested freeways. The project will also include the preparation of HSIP Cycle 11 grant ready materials.

Local Road Safety Plan, Isleton, CA: Project Manager for the Isleton LRSP, which will analyze traffic collisions on city streets and State Route 160. Tasks include literature review, systemic safety analysis, and identification of high-risk locations, countermeasure selection, and safety project development. The project will also include the preparation of HSIP Cycle 11 grant ready materials.

Local Roadway Safety Plan, Dinuba, CA: Project Manager for a LRSP, which analyzes traffic collisions on the City’s roadways, develops emphasis areas, recommends countermeasures, and develops safety projects. The final report was adopted in September 2021. Project will also include the preparation of HSIP Cycle 11 grant ready materials.

Systemic Safety Analysis Report and HSIP Cycle 10 Grant Applications, Yuba City, CA: Project Planner for Yuba City’s SSAR, which analyzed traffic collisions citywide and recommended engineering countermeasures. While the plan was Citywide, it also had a focus on 10 arterials/collectors throughout the City. Tasks included collision analysis, countermeasure selection, and safety projects. At the end of the report’s completion, three HSIP Cycle 10 applications were prepared for the City, all of which were successful.

Local Roadway Safety Plan, Farmersville, CA: Project Planner for the development of Farmersville’s LRSP. Tasks include collision data analysis, stakeholder outreach, development of emphasis areas, countermeasure selection, and development of safety projects.

Cory Peterson | Project Manager
Years of Experience: 8 Years
Education: B.A., Geography & Metropolitan Planning, California State University, Sacramento, CA Professional Engineering Services to Develop a Local Road Safety Plan | 12 Mr. Doty has over 22 years of experience in both the private and public sector with the majority of that time served as a planner or director for major cities in North Texas.

Mr. Doty is an accomplished senior-level planner and project manager with broad stakeholder, community and government relation expertise, team leadership, strategic development and media outreach experience in the public and private sectors.Among the many initiatives and projects Mark has worked on include; monthly commission and board meetings, stakeholder and other community outreach, parking management, wayfinding signage, impact fee studies, downtown place making, economic development fund review and administration, historic designation, code writing and review.

Local Road Safety Plan, Pittsburg, CA: Task Lead assisting the City of Pittsburg in developing a LRSP. The Pittsburg LRSP will be a living document including systemic safety analysis, identification of high-risk roadway segments and intersections, emphasis areas and 4 E’s strategies, a countermeasure toolbox, and priority safety projects viable to be phased in short, near, and long-term implementation.

Local Road Safety Plan, San Bruno, CA: Task Lead assisting the City of San Bruno in developing a LRSP. The San Bruno LRSP will be a living document including systemic safety analysis, identification of high-risk roadway segments and intersections, emphasis areas and 4 E’s strategies, a countermeasure toolbox, and priority safety projects viable to be phased in short, near, and long-term implementation.

Local Road Safety Plan, Albany, CA: Task Lead assisting the City of Albany in developing a LRSP. The Albany LRSP will be a living document including systemic safety analysis, identification of high-risk roadway segments and intersections, emphasis areas and 4 E’s strategies, a countermeasure toolbox, and priority safety projects viable to be phased in short, near, and long-term implementation.

Local Road Safety Plan, Kern County, CA: Task Lead assisting Kern County Council of Governments (COG) in developing a countywide LRSP. The Kern County LRSP encompasses the cities of Bakersfield, Delano, Maricopa, Shafter, Taft, and Wasco and each community will have a living document including systemic safety analysis, identification of highrisk roadway segments and intersections, emphasis areas and 4 E’s strategies, a countermeasure toolbox, and priority safety projects viable to be phased in short, near, and long-term implementation.

Old Town and Downtown Parking Study, Eureka, CA: Project Manager responsible for assisting the City of Eureka on conducting a parking availability and suitability analysis to analyze existing and potential parking capacity in the Old Town and Downtown area, and to provide implementable strategies that balance parking utilizations for all users, including residents, business owners, business employees, and visitors. This study contains extensive data collection and analysis in downtown as well as stakeholder outreach meetings. The team is in progress of reviewing Stakeholder feedback from recommendations will be formulated for additional feedback.

Mark Doty | Deputy Project Manager
Years of Experience: 22 Years
Education: B.A., Architecture, Texas Tech University, Lubbock, TX Professional Engineering Services to Develop a Local Road Safety Plan | 13 Mr. Fakhry has over 35 years of experience in civil and transportation engineering working for public sector. He has worked in different capacities for the City of Santa Ana, County of Orange, City of Santa Clara and City of Mountain View. Before joining TJKM Transportation Consultants, he worked as City Traffic Engineer for City of Mountain View. His experience is in highway design, traffic safety, transportation/traffic studies, signal design, land development reviews, pedestrian and bike improvements and complete street projects. He has worked closely with neighborhood groups, City Council, and Council Committees and Sub-committees. He also served as adjunct professor at San Jose State University for over 17 years.

Countywide Local Roads Safety Plan, Santa Clara County, CA:QA/QC for Santa Clara Valley Transportation Authority Countywide LRSP, which will analyze traffic collisions on local roads throughout Santa Clara County, in coordination with the 15 cities and unincorporated county. The project will include collision analysis and recommended solutions from a countywide level, and for each local jurisdiction. The purpose of the plan is to develop high-level solutions to address fatal and severe injury collisions, and to prepare Santa Clara County’s Cities and Towns to apply for HSIP Cycle 11 funding.

The project is in the beginning stages.

Local Roadway Safety Plan, Napa, CA: QA/QC for the Napa LRSP, which will analyze traffic collisions on the City’s roadways and recommend solutions with a particular emphasis on multimodal travel. Tasks include document review, stakeholder outreach, systemic safety analysis, emphasis areas, countermeasure selection, and safety projects. It also includes grant application preparation for the HSIP Cycle 11 call for projects. The project is in the beginning stages.

Local Roadway Safety Plan, Kern County, CA: QA/QC. The Team is preparing LRSP’s for nine cities in Kern County as one single contract, including the Cities of Arvin, Bakersfield, California City, Delano, Maricopa, Shafter, Taft, Tehachapi, and Wasco. The scope includes two HSIP application preparations for each city.

Local Roadway Safety Plans, Mendocino County, CA: QA/QC. The Team is preparing LRSP’s for four local agencies in Mendocino County as one single contract, including Cities of Ukiah, Willits, Fort Bragg, Point Arena, and the unincorporated County area. The scope includes HSIP application preparations for each local agency and a joint online interactive safety platform for ongoing data sharing and public outreach.

Local Roadway Safety Plan, Glendale, CA: QA/QC. The Glendale LRSP will be a living document including systemic safety analysis, identification of high-risk roadway segments and intersections, emphasis areas and 4 E’s strategies, a countermeasure toolbox, and priority safety projects viable to be phased in short, near, and long-term implementation. As part of the scope, will prepare and submit three HSIP applications for Cycle 11 on behalf of the City.

Local Road Safety Plan, Folsom, CA:QA/QC. The LRSP is comprised of data- and community-driven decision-making process, with the overarching goal of reducing the number of fatal and severe injury collisions in the city using the 4 E’s of traffic safety: Education, Engineering, Enforcement, and Emergency Medical Services (EMS).

Local Road Safety Plan, Culver City, CA:QA/QC. The Team will be customizing effective measures under various E’s, including Engineering, Education, Encouragement, Enforcement, Emerging Technologies, and Evaluation. Also will be preparing HSIP applications on behalf of the city aiming for Cycle 10 submission.

Local Road Safety Plan, Antioch, CA: QA/QC on project to assist the City of Antioch in developing a LRSP. The project is currently in progress of public and stakeholder outreach in order to gather public input with regard to traffic safety concerns the citizen encounters on a daily basis.

Sayed Fakhry, PE, TE | QA/QC Manager
Years of Experience: 35 Years
Registration: CA TE 2237 | CA CE 48249
Education: M.S. Transportation Engineering San Jose State University, San Jose, CA M.S. Civil Engineering Hydraulics University of Newcastle upon Tyne, UK Professional Engineering Services to Develop a Local Road Safety Plan | 14 Mr. Patel has 15 years of professional experience in transportation/traffic engineering and design. He has provided support on traffic impact studies, highway operation analysis, signal coordination projects and highway design PS&E packages.

Mr. Patel has worked on various electrical design projects, which include street lighting, traffic signal, and intelligent transportation system design plans, as well as the preparation of traffic handling, signage, and striping plans. Mr. Patel has worked with various jurisdictions in the San Francisco Bay Area, Tri-Valley, Central Valley, and Northern California and is very familiar with their different standards and requirements. This knowledge often leads to minimal need for plan check comments during the design phase. He has extensive experience in traffic engineering design, traffic safety, transportation/traffic studies, signal design, pedestrian/bike improvements and complete street projects. For all projects, Mr. Patel has developed project estimates and specifications to accompany the full plan set.

Local Road Safety Plan, Glendale, CA: Task Lead. The Glendale LRSP will be a living document including systemic safety analysis, identification of high-risk roadway segments and intersections, emphasis areas and 4 E’s strategies, a countermeasure toolbox, and priority safety projects viable to be phased in short, near, and long-term implementation. As part of the scope, will prepare and submit three HSIP applications for Cycle 11 on behalf of the City.

Local Road Safety Plan, Culver City, CA: Task Lead. We will be customizing effective measures under various E’s, including Engineering, Education, Encouragement, Enforcement, Emerging Technologies, and Evaluation. He will also be assisting with the preparation of the HSIP applications on behalf of the city aiming for Cycle 10 submission.

Local Roadway Safety Plan, Kern County, CA: Task Lead assisting in preparing LRSP’s for nine cities in Kern County as one single contract, including Cities of Arvin, Bakersfield, California City, Delano, Maricopa, Shafter, Taft, Tehachapi, and Wasco. The scope includes two HSIP application preparations for each city.

Countywide Local Roads Safety Plan, Santa Clara County, CA: Task Lead for Santa Clara Valley Transportation Authority Countywide LRSP, which will analyze traffic collisions on local roads throughout Santa Clara County, in coordination with the 15 cities and unincorporated county. The project will include collision analysis and recommended solutions from a countywide level, and for each local jurisdiction. The purpose of the plan is to develop high-level solutions to address fatal and severe injury collisions, and to prepare Santa Clara County’s Cities and Towns to apply for HSIP Cycle 11 funding. The project is in the beginning stages.

Local Roadway Safety Plan, Napa, CA: Task Lead for the Napa LRSP, which will analyze traffic collisions on the City’s roadways and recommend solutions with a particular emphasis on multimodal travel. Tasks include document review, stakeholder outreach, systemic safety analysis, emphasis areas, countermeasure selection, and safety projects. It also includes grant application preparation for the HSIP Cycle 11 call for projects. The project is in the beginning stages.

Local Roadway Safety Plans, Mendocino County, CA: Task Lead assisting in preparing LRSP’s for four local agencies in Mendocino County as one single contract, including Cities of Ukiah, Willits, Fort Bragg, Point Arena, and the unincorporated County area. The scope includes HSIP application preparations for each local agency and a joint online interactive safety platform for ongoing data sharing and public outreach.

Local Road Safety Plan, Folsom, CA: Task Lead on project for assisting the City of Folsom’s LRSP comprised of data and community-driven decision-making process, with the overarching goal of reducing the number of fatal and severe injury collisions in the city using the 4 E’s of traffic safety: Education, Engineering, Enforcement, and EMS.

Local Road Safety Plan, Antioch, CA: Task Lead. The project is currently in progress of public and stakeholder outreach in order to gather public input with regard to traffic safety concerns the citizen encounters on a daily basis.

Local Road Safety Plan, Farmersville, CA: Task Lead. We have identified the high-risk intersections and roadway segments for determining the most feasible countermeasures. Some of the next steps include identification of countermeasures, priority safety projects, and emphasis areas.

Rutvij Patel, EIT | Countermeasures, Safety Projects, & BCR Analysis Task Lead Years of Experience: 15 Years
Registration: CA EIT 154117
Education: B.S., Civil Engineering, San Jose State University, San Jose, CA Professional Engineering Services to Develop a Local Road Safety Plan | 15 Ms. Gandhi is a Transportation Planner at TJKM with five years of professional experience in the development of various systemic safety studies, transit studies, bike and pedestrian plans, complete street programs, neighborhood traffic calming programs and parking studies. She is also involved in organizing and conducting public outreach events, which were key to the planning projects she was working on.

Local Road Safety Plan, Culver City, CA: Transportation Planner. We will be customizing effective measures under various E’s, including Engineering, Education, Encouragement, Enforcement, Emerging Technologies, and Evaluation.

Also, will be preparing HSIP applications on behalf of the city aiming for Cycle 10 submission.

Local Road Safety Plan, Glendale, CA: Transportation Planner. The LRSP will be a living document including systemic safety analysis, identification of high-risk roadway segments and intersections, emphasis areas and 4 E’s strategies, a countermeasure toolbox, and priority safety projects viable to be phased in short, near, and long-term implementation. As part of the scope, will prepare and submit three HSIP applications for Cycle 11 on behalf of the City.

Local Roadway Safety Plan, Yorba Linda, CA: Task Lead assisting the City of Yorba Linda in preparing their LRSP to identify and address traffic safety issues on Yorba Linda streets. Tasks on this project will include a review of the transportation system, systemic collision analysis, identification of the top 10 high risk intersections and 10 roadway segments, emphasis areas with 4 E’s strategies, a countermeasure toolbox, and safety projects. TJKM will be preparing two HSIP Cycle 11 grant applications on behalf of the City.

Countywide Local Roads Safety Plan, Santa Clara County, CA: Task Lead which will analyze traffic collisions on local roads throughout Santa Clara County, in coordination with the 15 cities and unincorporated county. The project will include collision analysis and recommended solutions from a countywide level, and for each local jurisdiction. The purpose of the plan is to develop high-level solutions to address fatal and severe injury collisions, and to prepare Santa Clara County’s Cities and Towns to apply for HSIP Cycle 11 funding. The project is in the beginning stages.

Local Roadway Safety Plan, Napa, CA: Task Lead for the Napa LRSP, which will analyze traffic collisions on the City’s roadways and recommend solutions with a particular emphasis on multimodal travel. Tasks include document review, stakeholder outreach, systemic safety analysis, emphasis areas, countermeasure selection, and safety projects. It also includes grant application preparation for the HSIP Cycle 11 call for projects. The project is in the beginning stages.

Local Roadway SafetyPlan, Kern County, CA: Task Lead assisting in preparing LRSPs for nine cities in Kern County as one single contract, including Cities of Arvin, Bakersfield, California City, Delano, Maricopa, Shafter, Taft, Tehachapi, and Wasco. The scope includes two HSIP application preparations for each city.

Local Roadway Safety Plans, Mendocino County, CA: Task Lead assisting in preparing LRSPs for four local agencies in Mendocino County as one single contract, including Cities of Ukiah, Willits, Fort Bragg, Point Arena, and the unincorporated County area. The scope includes HSIP application preparations for each local agency and a joint online interactive safety platform for ongoing data sharing and public outreach.

Local Road Safety Plan, Antioch, CA: Task Lead. The project is currently in progress of public and stakeholder outreach in order to gather public input with regard to traffic safety concerns the citizen encounters on a daily basis.

Local Road Safety Plan, Farmersville, CA: Task Lead. We have identified the high-risk intersections and roadway segments for determining the most feasible countermeasures. Some of the next steps include identification of countermeasures, priority safety projects, and emphasis areas.

Divya Gandhi, PTP | Systemic Safety Analysis/High-Risk & Emphasis Areas Task Lead Years of Experience: 5 Years
Registration: CA PTP 787
Education: M.S., Environmental Policy & Planning, Tufts University, Medford, MA B.S., Urban & Regional Planning, Center for Environmental Planning & Technology University, Ahmedabad, Gujarat, India
Professional Engineering Services to Develop a Local Road Safety Plan | 16 Statement of Qualifications

KEY STAFF QUALIFICATIONS
Nearly 85 percent of our clients are repeat clients. Prompt service, attention to details, strict adherence to schedule requirements, and commitment to our clients’ goals are among the reasons for this steady client base. Our objective on every assignment is to provide the most cost-effective product that meets the specific needs and criteria of each client within the planned schedule and budget. We encourage the City to contact our references to learn about our performance.

We are confident that you will be pleased with what our clients have to say about us.

Due to page limit, we have only included three references for each key staff. Additional references are provided in the Relevant Projects section of this proposal.

Name & Project Role Qualifications Similar Projects
Ruta Jariwala
Principal-In-Charge
 Safety Studies
 Transportation Planning
 Project Management
 Traffic Engineering
 Traffic Operations
 Local Roadway Safety Plans for the Cities of Antioch, Culver City,Cupertino, Chowchilla, Dinuba, Farmersville, Folsom, Glendale, Millbrae, Napa, Isleton, Pinole, San
Bruno, Williams, & Yorba Linda; & Counties of Kern,
Mendocino & Santa Clara
 Systemic Safety Analysis Report Program for the Cities of Dinuba, Pittsburg, & Yuba City; & Counties of Del
Norte, San Luis Obispo, & Yuba
 Citywide Safety Audit & Sign Upgrade HSIPL, Manteca
Reference: Santa Clara Valley Transportation Authority (VTA) | Eugene Maeda, Senior Transportation Planner | (408) 952-4298 | [email protected]
Reference: City of Millbrae | Andrew Yang, Senior Civil Engineer | (650) 259-2393 | [email protected] Reference: City of Antioch | Junming Li, Assistant Engineer | (925) 779-7025 | [email protected] Cory Peterson
Project Manager
 Safety Studies
 Transportation Planning
 Complete Streets
 Bicycle & Pedestrian
Planning
 Grant Writing &
Administration
 Local Roadway Safety Plans for the Cities of Cupertino, Dinuba, Farmersville, Isleton, Napa, Pinole, San Bruno, Williams; & Counties of Santa Clara & Solano
 Systemic Safety Analysis Report Program for Yuba City Reference: City of Dinuba | Ismael Hernandez, Public Works Superintendent | (559) 591-5900 | [email protected] Reference: Santa Clara Valley Transportation Authority | Eugene Maeda, Senior Transportation Planner| (408) 952-4298 | [email protected]
Reference: City of Yuba City | William Jow, AssistantEngineer | (530) 822-4635 | [email protected] Mark Doty
Deputy Project Manager
 Stakeholder Engagement
 Transportation Planning
 Government & Community
Relations
 Urban & Community Design,
& Long Range Planning
 Local Roadway Safety Plans for the Cities of Albany,
Pittsburg, & San Bruno; & County of Kern
Reference: City of Pittsburg | Nhat Phan, Senior Civil Engineer | (925) 252-4857 | [email protected] Reference: City of Eureka | Scott Ellsmore, Traffic Project Manager | (707) 441-4181 | [email protected] Reference: City of McKinney | Kim Flom, Assistant City Manager| (972) 547-7501 | [email protected] Sayed Fakhry
QA/QC Manager
 Roadway Safety & Complete
Street
 Pedestrian & Bicycle Safety
Improvements
 Neighborhood Traffic
Management Plan/Traffic
Calming Program
 Local Roadway Safety Plans for the Cities of Antioch, Culver City, Cupertino, Folsom, Glendale, Isleton,
Millbrae, Napa, Pinole, San Bruno, & Williams; &
Counties of Kern, Santa Clara, & Mendocino
Reference: City of San Bruno| David Wong, Principal Engineer | (650) 616-7157| [email protected] Reference: City of South San Francisco | Eunejune Kim, PE, TE, PLS, Public Works Director/City Engineer | (650) 877-8551 | [email protected]
Reference: City of Mountain View | Tim Cheng, PE, TE, Associate Civil Engineer | (650) 903-6511 | [email protected]
Professional Engineering Services to Develop a Local Road Safety Plan | 17 Name & Project Role Qualifications Similar Projects
Rutvij Patel
Countermeasures, Safety
Projects & BCR Analysis
Task Lead
 Safe Routes to School
 Bicycle & Pedestrian
Implementation
 Complete Streets
 Traffic Operations
 Traffic Handling
 Signage Plans
 Traffic Signal Design
 Intelligent Transportation
Design
 ITS Planning
 Local Roadway Safety Plans for the Cities of Antioch, Chowchilla, Cupertino, Culver City, Dinuba, Farmersville, Folsom, Glendale, Millbrae, Napa, Pinole, San Bruno,
Williams, & Isleton; & Counties of Kern, Mendocino, &
Santa Clara
 Systemic Safety Analysis Report Program for the Cities of Dinuba, Pittsburg, San Luis Obispo, & Yuba City; &
Counties of Del Norte, San Luis Obispo, & Yuba
 Citywide Safety Audit & Sign Upgrade HSIPL, Manteca
Reference: City of Dinuba | Ismael Hernandez, Public Works Superintendent | (559) 591-5900 | [email protected] Reference: City of Fremont | Victoria Walker PE, Transportation Engineer | (510) 494-4756 | [email protected] Reference: City of Oakley | Billilee Saengchalern, PE, Associate Civil Engineer | (925) 625-7154 | [email protected] Divya Gandhi
Systemic Safety Analysis
Task Lead & High-Risk &
Emphasis Areas Task Lead
 Safety Studies
 Transportation Planning
 Active Transportation Plans
 Complete Streets
 Local Road Safety Plan for the Cites of Antioch, Culver City, Farmersville, Glendale, & Yorba Linda; Kern COG;
&Mendocino COG
 Systemic Safety Analysis Report Program for the Cities of Del Norte, Pittsburg, San Luis Obispo & Yuba City &
County of Yuba County
Reference: Mendocino Council of Governments | Loretta Ellard, Deputy Planner| (707) 234-3434 | [email protected] Reference: City of Millbrae | Andrew Yang, Senior Civil Engineer | (650) 259-2393 | [email protected] Reference: City of Antioch | Junming Li, Assistant Engineer | (925) 779-7025 | [email protected]

COMMITMENT
The proposed key individuals for the TJKM Team are the most qualified professionals in their respective areas of specialization. The majority of our key individuals for this project have a long tenure with the company as demonstrated in their resumes. We can confidently state that our key staff will be fully available for this project from beginning to end. In addition, we have a vast base of highly qualified technical members who will be made fully available to the project as required based on the project needs. The TJKM Team has been carefully crafted to provide the City of Pico Rivera with the full range of expertise. We form an integrated team that can enhance the City’s resources, work in close cooperation with your staff, and deliver a successful LRSP project. Our proposed team members will be made available to the City as needed for the duration of the project, and will not be substituted without approval from the City.

Professional Engineering Services to Develop a Local Road Safety Plan | 18 TJKM Overview
TJKM, founded in 1974, is a traffic operations, transportation planning, and traffic engineering firm that provides professional services throughout California, Texas, and Florida with offices in Pleasanton, San Jose, Fresno, Sacramento, and Santa Rosa, CA; St. Petersburg and Austin, TX; and Tampa, FL. For over 47 years, more than 3,500 satisfied clients have entrusted TJKM with their critical work. We serve a full-range of clients, including municipalities, congestion management agencies, metropolitan planning organizations, transportation agencies, private developers, other consulting firms, and attorneys. TJKM has been involved in more than 8,000 transportation projects throughout California, and averages about 240 new projects each year. TJKM’s primary service categories include transportation planning, traffic safety, traffic engineering design (including PS&E), traffic operations, corridor studies, Intelligent Transportation Systems (ITS), and multimodal studies. Our motivation comes from satisfying clients’ objectives and improving communities. TJKM has a strong roster of both public and private sector clients and continually builds upon this base.

Our project managers, engineers, and planners have “hands on” experience and understand the latest requirements, technologies, trends, and standards. Our experience with local agency processes keeps projects moving faster; and expertise from thousands of engagements helps us complete projects on time and within budget to our Client’s satisfaction.

TJKM is a disadvantaged and small business enterprise, DBE #40772 and SBE #38780.

EXPERIENCE OF FIRM
Local Roadway Safety Plans and Systemic Safety Analysis Reports Experience TJKM has extensive experience in developing safety programs and viable safety projects for small, medium, and large cities and counties across California. TJKM’s team has successfully delivered Systemic Safety Analysis Reports (SSARs) for the Cities of Crescent City, Pittsburg, Yuba City, Concord, Dinuba, and Counties of Del Norte, San Luis Obispo, and Yuba. We have also completed Local Roadway Safety Plans (LRSPs) for the Cities of Folsom, Dinuba, and Farmersville.

Our team is currently conducting LRSPs for the Cities of Culver City, Glendale, Yorba Linda, Antioch, Patterson, San Bruno, Pinole, Isleton, Chowchilla, Williams, Cupertino, Napa, Pittsburg, and the Counties of Solano, Merced, and Tulare.

TJKM is also conducting multi-jurisdictional LRSPs in the Counties of Kern, Mendocino, and Santa Clara. Recently, the City of Albany, Town of Danville and the County of Yuba also awarded their LRSPs to TJKM. The map below shows our relevant safety project experience across California.

Professional Engineering Services to Develop a Local Road Safety Plan | 19 Engineering Design
TJKM has designed numerous pedestrian, bicycle, and vehicular safety improvements that were recommendations from SSAR or LRSP reports. We have designed the projects using the latest Caltrans standard plans and specifications as well as local guidelines. The projects have involved pedestrian crossing improvements, traffic signal modifications, signing and striping improvements, minor civil improvements, landscape and irrigation improvements, and environmental clearance documentation.

In recent years, safety analysis on a systemic basis has become a routine element of our work. In addition, TJKM has successfully delivered numerous safety improvements, many of which include Federal and State Active Transportation Program (ATP), and/or Highway Safety Improvement Program (HSIP) projects. The map below is showing our relevant HSIP projects with locations.

Familiarity with City, County, State, and Federal Procedures and Processes TJKM has completed numerous projects that have followed State and Federal procedures and processes. Some of these projects included state and federal ATP funds, Congestion Mitigation and Air Quality (CMAQ), HSIP, and Section 130 funding. All of these projects required coordination with Caltrans Local Assistance Program for E-76 permit approval. The level of TJKM’s involvement has varied depending on the client. On some of these projects, TJKM has assisted the local agency with the completion of the Request for Authorization (RFA) to Proceed package to Caltrans Local Assistance for Preliminary Engineering, National Environmental Policy Act (NEPA) clearance, and E-76 permit authorization for construction funds. We are familiar with the processes used to satisfy a variety of funding sources, and will draw upon our background and extensive experience to satisfy all City, County, State and Federal procedures and processes.

Professional Engineering Services to Develop a Local Road Safety Plan | 20 Caltrans Experience
Having worked with Caltrans Districts 1, 4, 5, 6, 10, and the headquarters on various traffic design including traffic safety, Plans, Specifications and Estimates (PS&E) projects, traffic operations, and travel demand modeling projects we have developed strong working relationship with Caltrans staff and have unmatched understanding of Caltrans delivery process and design standards. Due to our working relationship, we have opportunity to talk to Caltrans staff proactively about the challenges on the project, which increases our chances of attaining funds. We are also aware of the funding constraints and can assist the County to manage the funds and deliver a successful project.

Grant Writing
Since 2017, we have successfully delivered safety
programs/plans for numerous cities and counties. In addition, in 2018, we also assisted local agencies with preparing and submitting HSIP applications with a total grant award of $6.3 million (M) dollars out of $8M total amount applied (78% success rate). This includes Cities of Dinuba ($1.6M), Pittsburg ($1.1M), Concord ($2.4M), and Eureka ($1.2M).

During 2020, we had a growing demand from local agencies requesting us for preparing numerous grant applications. We supported local agencies by preparing the grant applications that included nearly 30 HSIP applications for Contra Costa County, Solano Transportation Authority, City of Folsom, City of Pittsburg, City of Yuba City, City of Culver City, and Active Transportation Program Grant for Cities of Millbrae, Dinuba, East Palo Alto, and more. Through these applications, we were able to help secure over $25M in HSIP funds for our clients, including:
 City of Culver City ($5.0M)
 City of Pittsburg ($3.3M)
 Contra Costa County ($1.1M)
 Solano Transportation Authority ($4.7M)
 City of Folsom ($2.2M)
 City of Yuba City ($2.6M)
 City of East Palo Alto ($1.2M)
 City of Stockton ($721K)
Relevant Experience
Professional Engineering Services to Develop a Local Road Safety Plan | 21

RELEVANT EXPERIENCE
Below are recent and relevant projects for which similar services were provided by the TJKM Team.

LOCAL ROADWAY SAFETY PLAN, GLENDALE | 2020-ONGOING | $72K Reference: Pastor Casanova | City of Glendale | 633 East Broadway, Room 205, Glendale, CA 91206 | (818) 548-3945 | [email protected]
The Glendale LRSP will be a living document that includes systemic safety analysis, identification of high-risk roadway segments and intersections, emphasis areas and 4 E’s strategies, a countermeasure toolbox, and priority safety projects viable to be phased in short, near, and long-term implementation. As part of the scope, TJKM will prepare and submit three HSIP applications for Cycle 11 on behalf of the City.

LOCAL ROADWAY SAFETY PLAN, CULVER CITY | 2020-ONGOING | $66K Reference: Heba El-Guindy | City of Culver City | 9770 Culver Boulevard, Culver City, CA 90230 | (650) 508-6476 | [email protected] (formerly with City of Culver City) TJKM is assisting the City of Culver City with a LRSP for enhancing safety on city roadways for all travel modes. Wide signalized intersections without protected left-turn phases were identified as one of the emphasis areas for E’s improvements. A Draft Report is currently under review by City staff. TJKM also prepared and submitted three successful HSIP Cycle 10 applications on behalf of the city.

LOCAL ROADWAY SAFETY PLAN, YORBA LINDA | 2021-ONGOING | $63K Reference: Tony Wang | City of Yorba Linda | 4845 Casa Loma Avenue, Yorba Linda, CA 92886 | (714) 961-7170 | [email protected]
TJKM is assisting the City of Yorba Linda in preparing their LRSP to identify and address traffic safety issues on Yorba Linda streets. Tasks on this project will include a review of the transportation system, systemic collision analysis, identification of the top 10 high risk intersections and 10 roadway segments, emphasis areas with 4 E’s strategies, a countermeasure toolbox, and safety projects. TJKM will be preparing two HSIP Cycle 11 grant applications on behalf of the City.

LOCAL ROADWAY SAFETY PLANS, KERN COUNTY | 2021-ONGOING | $562K Reference: Joseph Stramaglia | Kern Council of Governments | 1401 19th Street, Bakersfield, CA 93301 | (661) 635-2914 | [email protected]
TJKM is preparing an LRSP for nine cities in Kern County as one single contract, including Cities of Arvin, Bakersfield, California City, Delano, Maricopa, Shafter, Taft, Tehachapi, and Wasco. Each LRSP under the contract includes a system review, collision analysis, identification of high-risk locations, emphasis areas with 4 E’s strategies, community/stakeholder outreach, countermeasure selection, and safety projects. The scope includes the preparation of two HSIP application for each city.

Professional Engineering Services to Develop a Local Road Safety Plan | 22 LOCAL ROADWAY SAFETY PLAN, DINUBA | 2021 | $44K
Reference: Ismael Hernandez | City of Dinuba | 1088 E. Kamm Avenue, Dinuba, CA 93618 | (559) 591-5924 | [email protected]
TJKM assisted the City in preparing their LRSP, building upon our previous work with the City on their SSAR. The overarching goals of the LRSP were to identify and analyze traffic safety issues and recommend improvements, foster coordination among stakeholders, and to set the City up for future funding opportunities. Tasks on this project included document review, stakeholder outreach, collision analysis, development of emphasis areas, countermeasure selection, and the development of safety projects. TJKM also prepare HSIP Cycle 11 grant applications for the City, including narratives, exhibits, and cost estimates.

LOCAL ROADWAY SAFETY PLAN, FARMERSVILLE | 2020-2021 | $72K Reference: Jennifer Gomez | City of Farmersville | 9009 West Visalia Road, Farmersville, CA 93223 | (559) 747-0458 | [email protected]
TJKM assisted the City of Farmersville in developing its first LRSP. Our team analyzed five years of collision data on Farmersville streets to determine collision hot spots and identify feasible solutions through the lens of the 4 E’s of traffic safety (Education, Engineering, Enforcement, and EMS).Other tasks included convening a group of stakeholders twice, development of emphasis areas, countermeasures, and safety projects. The project also included the preparation of HSIP Cycle 11 grants on behalf of the City. The LRSP was adopted by the Farmersville City Council in August 2021.

VALLEY TRANSPORTATION AUTHORITYCOUNTYWIDE LOCAL ROADS SAFETY PLAN,SANTA CLARA COUNTY | 2021-ONGOING | $117K
Reference: Eugene Maeda | Santa Clara Valley Transportation Authority | 3331 N. First Street, San Jose, CA 95134 | (408) 952-4298 | [email protected]
TJKM is assisting Santa Clara Valley Transportation Authority (VTA) in preparing a multi-jurisdictional LRSP for the local agencies in Santa Clara County. The purpose is to provide high-level solutions to address traffic safety on a countywide basis, and prepare Santa Clara County’s local agencies to apply for HSIP Cycle 11 funding. Tasks on the project include document review, collision analysis countywide and for each city, systemic countermeasures, and emphasis areas. TJKM will be working with the cities that are already preparing LRSPs and incorporating their findings into the countywide plan to ensure it reflects the needs of all cities within the county.

LOCAL ROADWAY SAFETY PLAN, CUPERTINO | 2021-ONGOING | $86K Reference: Prashanth Dullu | City of Cupertino | 10300 Torre Avenue, Cupertino, CA 95014 | (408) 777-3190 | [email protected]
The City of Cupertino’s LRSP is a comprehensive plan that creates a framework to systematically identify and analyze traffic safety-related issues and recommend safety projects and countermeasures. The LRSP aims to reduce fatal and severe injury collisions through a prioritized list of improvements that can enhance safety on local roadways. The LRSP is viewed as a guidance document that will be continuously reviewed and revised to reflect evolving collision trends and community needs and priorities.

With the LRSP as a guide, the City would be able to apply for necessary safety funds, such as the HSIP.

LOCAL ROAD SAFETY PLAN, ANTIOCH | 2020-ONGOING | $72K
Reference: Junming Li | City of Antioch | 200 H Street, Antioch, CA 94509 | (925) 779-7025 | [email protected] TJKM is assisting the City of Antioch in developing a LRSP. The project is currently in progress and expected to be complete in late 2021. A key component of this project is public and stakeholder outreach to solicit input with regard to traffic safety concerns residents encounter on a daily basis.

Professional Engineering Services to Develop a Local Road Safety Plan | 23 LOCAL ROADWAY SAFETY PLAN, SAN BRUNO | 2021-ONGOING | $80K Reference: David Wong | City of San Bruno | 567 El Camino Real, San Bruno, CA 94066 | (650) 616-7157 | [email protected]
The City of San Bruno initiated the LRSP in 2021 to identify potential traffic safety projects, educational programs, and enforcement measures to reduce fatal and severe injury collisions. The identified traffic safety projects are responsive to the City’s needs and concerns and adhere to Federal and State funding requirements. The LRSP’s objective is to develop a successful safety plan for the City’s local roadways by utilizing the City’s existing collision database. The LRSP also aims to establish a collaborative decision-making process with stakeholders, including the public, and develop countermeasures using the 5 Es of traffic safety: Education, Engineering, Enforcement, Equity, and EMS.

LOCAL ROADWAY SAFETY PLAN, MILLBRAE | 2021-ONGOING | $45K Reference: Andrew Yang | City of Millbrae | 621 Magnolia Avenue, Millbrae, CA 94030 | (650) 259-2393 | [email protected]
TJKM is assisting the City of Millbrae in preparing its first LRSP. Tasks on the project include document review, systemic safety analysis, identification of high-risk locations, countermeasure selection, emphasis areas with 4 Es strategies, stakeholder outreach, and safety projects. As part of the scope, we will prepare and submit HSIP applications for Cycle 11 on behalf of the City.

LOCAL ROADWAY SAFETY PLAN, PINOLE | 2021-ONGOING | $40K Reference: Misha Kaur | City of Pinole | 2131 Pear Street, Pinole, CA 94564 | (510) 724-9839 | [email protected] TJKM is developing the City of Pinole’s first LRSP aiming at enhancing traffic safety on local roads for all modes of transportation. The project is currently in progress of data collection and reviewing prior and ongoing projects, programs, and policies pertinent to the LRSP.

LOCAL ROADWAY SAFETY PLAN, SOLANO COUNTY | 2021-ONGOING | $95K Reference: Pejman Mehrfar | County of Solano | 675 Texas Street, Suite 5500, Fairfield, CA 94533 | (707) 784-6073 | [email protected]
TJKM is assisting the County of Solano with preparing a LRSP, focusing on the County’s unincorporated rural roadways. Tasks will include document review, stakeholder outreach, systemic safety analysis, selection of rural road countermeasures, and safety projects with cost estimates. The LRSP will also address areas of the county where rural roads are experiencing high volumes of cut-through traffic from nearby congested freeways. The project is in the beginning stages and expected to be complete in early 2022.

LOCAL ROADWAY SAFETY PLANS, MENDOCINO COUNTY | 2021-ONGOING | $309K Reference: Loretta Ellard | Mendocino Council of Governments | 525 South Main Street, Ukiah, CA 95482 | (707) 234-3434 | [email protected]
TJKM is preparing an LRSP for four local agencies in Mendocino County as one single contract, including Cities of Ukiah, Willits, Fort Bragg, Point Arena, and the unincorporated County area. Each LRSP under this contract includes system review, collision analysis, identification of high-risk locations, emphasis areas with 4 E’s strategies, countermeasure selection, and safety projects.

The scope includes HSIP application preparations for each local agency and a joint online interactive safety platform for ongoing data sharing and public outreach.

Professional Engineering Services to Develop a Local Road Safety Plan | 24 LOCAL ROADWAY SAFETY PLAN, FOLSOM | 2020-2021 | $71K
Reference: Mark Rackovan | City of Folsom | 50 Natoma Street, Folsom, CA 95630 | (916) 461-6711 | [email protected]
The City of Folsom is a community of approximately 78,000 residents and 34 square miles in the Sacramento Metropolitan Area. TJKM prepared its LRSP comprised of data and community-driven decision-making process, with the overarching goal of reducing the number of fatal and severe injury collisions in the City. TJKM prepared three successful HSIP Cycle 10 applications as part of the scope.

RURAL ROAD SYSTEMIC SAFETY ANALYSIS REPORT PROGRAM, SAN LUIS OBISPO COUNTY | 2018-2020 | $90K
Reference: Jan Devera | County of San Luis Obispo | 1055 Monterey Street, San Luis Obispo, CA 93408 | (805) 781-5211 | [email protected]
TJKM assisted the County of San Luis Obispo on the SSAR that aimed at enhancing County roadway safety and identifying projects eligible for the HSIP grant. Primary tasks included collision analysis, collision rate calculation, countermeasure selection, high-risk corridor identification, capital project development, project cost estimate, and phasing. As part of the agreed scope, we conducted a curve rating analysis on County's pre-identified corridors, totaling 200 miles, for advisory sign update and larger capital improvements such as horizontal alignment.

LOCAL ROAD SAFETY PLAN, WILLIAMS | 2021-ONGOING | $39K
Reference: Colt Esenwein, PE | City of Williams | P.O. Box 310, Williams, CA 95987 | (530) 473-2519 | [email protected]
The City of Williams is a small city located in Colusa County, approximately one hour north of Sacramento on Interstate

5. TJKM is assisting the City in preparing its first Local Road Safety Plan to analyze traffic collisions on City roadways, as well as State Route 20 and the ramps with Interstate 5. The team will be conducting a literature review, analyzing 10 years’ worth of collision data, proposing countermeasures, developing safety projects, and providing an implementation plan.

The project also includes one stakeholder meeting. The project is currently in progress.

LOCAL ROADWAY SAFETY PLAN, ISLETON | 2021-ONGOING | $75K Reference: Diana O’Brien | City of Isleton | 101 2nd Street, Isleton, CA 95641 | (916) 777-7771 | [email protected]
TJKM is assisting the City of Isleton in preparing their first LRSP. Isleton is a small community located in the heart of the Delta region on the Sacramento River. It experiences a high amount of recreational traffic on State Route 160, which serves as the main thoroughfare in Isleton. Tasks on this project include a review of the transportation system, systemic collision analysis, identification of high-risk locations, emphasis areas development, countermeasure selection (including 4 E’s strategies), and safety project development. It will also include stakeholder/community outreach, as well as a project website with an interactive mapping tool.

LOCAL ROADWAY SAFETY PLAN, CHOWCHILLA | 2021-ONGOING | $45K Reference: Jason Rogers | City of Chowchilla | 130 S 2nd Street, Chowchilla, CA 93610 | (559) 665-8615 | [email protected]
TJKM is currently assisting the City of Chowchilla in developing the City’s first LRSP. State Route 233 is a major thoroughfare through its downtown and carries local traffic. Tasks on the project include document review, systemic safety analysis, identification of high-risk locations, countermeasure selection, emphasis areas with 4 E’s strategies, stakeholder outreach, and safety projects. As part of the scope, we will prepare and submit HSIP applications for Cycle 11 on behalf of the City.

Professional Engineering Services to Develop a Local Road Safety Plan | 25 SYSTEMIC SAFETY ANALYSIS REPORT PROGRAM, YUBA CITY | 2020 | $139K Reference: William Jow | City of Yuba City | 1201 Civic Center Boulevard, Yuba City, CA 95993 | (530) 822-4635 | [email protected]
TJKM assisted the City in conducting a SSAR, which in addition to analyzing collisions citywide also emphasized 10 of the City’s arterials and collectors.

Tasks included collision analysis, identification of high-risk locations, citywide and corridor specific countermeasures, citywide and corridor specific safety projects, and community/stakeholder outreach. In addition to providing a full scope SSAR, TJKM helped the City in prepare three HSIP grant applications for Cycle 10, all of which were successful. The project was completed on an accelerated timeframe to meet the City’s grant deadline.

SYSTEMIC SAFETY ANALYSIS REPORT PROGRAM, PITTSBURG | 2018 | $50K Reference: Nhat Phan | City of Pittsburg | 65Civic Avenue, Pittsburg, CA 94565 | (925) 252-4857 | [email protected] TJKM conducted a safety analysis to develop the SSAR for the City, which was funded through the statewide Systemic Safety Analysis Report Program (SSARP). SSARP aims to assist local agencies in performing collision analyses, identifying hot spots with safety issues, and developing lists of systemic low-cost countermeasures that can be used to prepare a future HSIP.

The Team finalized a list of identified risk factors and safety countermeasures for locations where severe collisions have occurred in the past. Next, TJKM developed safety projects based on the identified countermeasures and prioritized them through benefit-cost analysis. Thirty percent concept drawings were developed for the top three ranked projects and were submitted by the City for HSIP Cycle 9 grant applications.

In addition, TJKM developed a toolkit that documented the correlation between facility characteristics and potential countermeasures so that the City could use it for planning citywide systemic roadway network safety enhancement. Based on the study completed, the City of Pittsburg applied for a HSIP grant and was successful in receiving $1 million in funding.

SYSTEMIC SAFETY ANALYSIS REPORT PROGRAM, DINUBA | 2018 | $25K Reference: Ismael Hernandez | City of Dinuba | 1088 East Kamm Avenue, Dinuba, CA, 93618 | (559) 591-5924 | [email protected]
TJKM conducted a SSAR for the City of Dinuba funded under the statewide SSAR in 2018. In the same year, the City received funding approval for HSIP Cycle 9 with the amount of $1.6M with the support of the SSAR analysis. In addition, TJKM developed a toolkit to document the correlation between facility characteristics and potential countermeasures so that the City can use it for daily city operations. In 2020, TJKM has helped the City secure funding for conducting a LRSP.

SYSTEMIC SAFETY ANALYSIS REPORT PROGRAM, YUBA COUNTY | 2018-2020 | $155K Reference: Mike Lee | County of Yuba | 915 8th Street, Marysville, CA 95901 | (530) 749-5420 | [email protected] TJKM assisted the County of Yuba on the SSAR aimed at enhancing County roadway safety and identifying projects eligible for the HSIP grant. Primary tasks included collision analysis, collision rate calculation, countermeasure selection, capital project development, high-risk corridor identification, project cost estimate, and phasing. As part of the agreed scope, we conducted an inventory and retro reflectivity of the existing warning/regulatory signs and a pavement delineation analysis on the County's rural corridors of 100 miles. These analyses played a vital role in implementing projects on proactive basis for reducing future occurrence of fatal and severity collisions.

Schedule
Professional Engineering Services to Develop a Local Road Safety Plan | 26

SCHEDULE
Our proposed team is an experienced team with specific strengths in each of the areas required to deliver this project on schedule and within budget to the satisfaction of the City of Pico Rivera. Our proposed team has a proven record of accomplishment of successful similar projects and is dedicated to providing high-quality products. With our available resources and experience, TJKM is equipped to provide the level of responsiveness required by the City, all while providing professional and quality services. We have developed an individualized approach for each task, combined with an active project management and team-oriented approach will ensure the delivery of timely, high-quality services.

The personnel listed in our organization chart are available to work on the project for the entire duration of the project. Our proposed staff has the availability to accept and complete this key project on schedule and within budget.

TJKM will complete this project in accordance with the schedule shown below.

Month
Week 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Task 1. Project Management
Subtask 1.1 Kick-Off Meeting M
Subtask 1.2 Monthly Meetings & Schedule Updates M M M M M M M Task 2. Identify & Engage Stakeholders
Subtask 2.1 Stakeholder Meetings M M R R
Subtask 2.2 Community Outreach
Task 3. Data Collection & Field Review
Subtask 3.1 Document Review
Subtask 3.2 Data Collection
Task 4. Safety Analysis
Subtask 4.1 Systemic Safety Analysis & Trend Analysis
Subtask 4.2 Identify High-Risk Network D1 R R F
Task 5. Countermeasures & Solutions
Subtask 5.1 Emphasis Areas
Subtask 5.2 Countermeasure Toolbox
Subtask 5.3 Safety Projects, Cost Estimate, & BCR Analysis D2 R R F Subtask 5.4 Implementation Plan
Task 6. Local Roadway Safety Plan
Subtask 6.1 LRSP Report D3 R R R R F
Subtask 6.1 City Council Adoption
Notes: D: Draft, R: County Review, F: Final, M: Meeting D1 = System Review, Systemic Safety Analysis, & High Risk Locations D2 - Emphasis Areas, Countermeasure Toolbox, & Safety Projects D3 - Draft LRSP
August September October November
Task
March April May June July
Fee Proposal
Professional Engineering Services to Develop a Local Road Safety Plan | 27

FEE PROPOSAL
TJKM truly understands the importance of good project management. We use state-of-the-art technology and software to maintain superior quality control, to control costs, and to maximize the efficiency of resource utilization. Our proposed Project Manager, Mr. Peterson, will utilize a number of project management tools to ensure the budget and schedule compliance, including:
 Internal, Kick-Off Meeting with the project team to review goals of the project, to identify deadlines for deliverables, and to assign tasks for each staff member.
 Weekly meetings to maintain communication with the project team, and to review anticipated hours necessary for completing project work.
 Weekly status reviews of billing system reports to track labor and cost expenditures, ensuring budget compliance.  Regular monthly reports provided to the City’s PM discussing progress and any outstanding issues or concerns, allowing for an open line of communication.
 Documentation of work performed to date in a status report accompanying each invoice, at City’s request.

Timeliness and quality are essential to maintaining good business relationships and a solid reputation. TJKM is committed to preparing high quality deliverables for our Clients, while maintaining schedule and budget compliance, and to meeting deadlines that will be associated with this contract.

As per the RFP, we have provided our Fee Proposal in a separate, sealed envelope.

Certifications
Professional Engineering Services to Develop a Local Road Safety Plan | 28

CERTIFICATIONS
TJKM has included the requested forms on the following pages. • Non-Collusion Affidavit
• Consultant’s Acknowledgment of Compliance with Insurance Requirements for Agreement for Professional/Consultant Services
• Certification of Proposal
• Exhibit 10-H Cost Proposal (Sealed Envelope)
• Exhibit 10-K, Consultant Annual Certification of Indirect Costs and Financial Management System • Exhibit 10-Q, Disclosure of Lobbying Activities

CALIFORNIA | FLORIDA | TEXAS
Corporate Oce 4305 Hacienda Drive, Suite 550, Pleasanton, CA 94588 925.463.0611 | www.TJKM.com
TJKM

PICO RIVERA LRSP SCOPE OF WORK
The scope TJKM proposes builds on and has expanded the scope outlined in the Request for Proposal (RFP) based on our extensive experience developing numerous LRSPs.

TASK 1. PROJECT MANAGEMENT
Subtask 1.1 Kick-Off Meeting
Within a week of notice-to-proceed, TJKM will facilitate a virtual project Kick-off meeting with the City’s Project Manager (PM) and others suggested departmental staff. The purpose of the meeting will be to:
• Discuss and define specific goals of the LRSP with respect to crash reduction • Discuss and finalize the tasks to perform, timeline, and project milestones • Discuss critical data needs and data analysis
• Discuss potential list of stakeholders
• Establish a Project Development Team (PDT) of City staff TJKM will prepare meeting materials including agenda, sign-in sheets, and related handouts, PowerPoint presentations (if necessary), and summarize meeting notes and action items.

Subtask 1.2 Monthly Meetings and Schedule Updates
TJKM expects constant correspondence with City’s PM during the development of the LRSP. We will also facilitate monthly meetings with the City’s PDT to ensure the project is on track and within budget. Meetings will be held via Zoom virtual conferencing. For each meeting, TJKM will prepare an Agenda, updated the schedule, prepare meeting minutes, and action items.

Task 1 Deliverables
 Meeting Agendas and Minutes for all meetings (up to nine meetings)  Project schedule and updates
TASK 2. IDENTIFY & ENGAGE STAKEHOLDERS
Subtask 2.1 Stakeholder Meetings
This task includes identifying and meeting with stakeholders whom should be involved in the development of the LRSP.

At the Kick-Off Meeting, TJKM will work with City’s PM to obtain a roster of potential stakeholders and begin the recruitment process of the stakeholder group. This could include community residents, businesses, schools, transportation providers, law enforcement, and first responders.

The intent of the meetings and ongoing interactions is to solicit input with regard to transportation safety concerns associated with the 5 E’s. It also ensures the vision of the LRSP aligns across departments and community members.

TJKM proposes to meet with the group twice:
• Virtual Meeting #1: Meet with stakeholders to establish LRSP vision and goals, express traffic safety concerns; report results of collision analysis, and high-risk locations. • Virtual Meeting #2: Provide feedback and input on emphasis areas and the potential countermeasures and prioritize safety projects for implementation. Review and comment on the draft LRSP.

A TJKM staff member (Ana Dominguez) will be present at both meetings to provide Spanish translation as needed.

Subtask 2.2 Community Outreach
Our team understands that the key to a successful LRSP is to ensure that community input informs the subsequent recommendations of the LRSP. We propose to center the community engagement process around a project website with an interactive map input tool. The project website will consist of: 1) project overview; 2) progress update; 3) upcoming events; and 4) interactive map input. We will generate city specific URLs, e.g., Picoriverasafestreets.com.

We will work with City staff to promote the project website on the City’s official website and social media (e.g., Facebook, Instagram, Next Door, and Twitter) pages with graphics and verbiages. The website and all social media posts will be translated into Spanish. We will maintain and frequently update the website with latest project information. Toward the end of the project, TJKM will also prepare a short survey to gauge the community’s input on proposed improvements. The survey is assumed to be electronic through a service such as Survey Monkey.

Task 2 Deliverables
 Stakeholder meetings (up to two meetings), meeting agendas, and minutes for all meetings  Project website and social media outreach materials (English and Spanish) TASK 3. DATA COLLECTION & FIELD REVIEW
Subtask 3.1 Document Review
The purpose of this task is to ensure the LRSP vision and goals are aligned with prior planning efforts and that the potential E’s strategies are consistent with local and regional policies, guidelines, and programs. TJKM will first collect and review documents pertaining to the LRSP, such as the City’s General Plan, any bicycle/pedestrian plans, neighborhood plans SCAG’s Regional Transportation Plan, etc. We will summarize contents and key transportation projects and efforts to address traffic safety of the aforementioned documents in a Technical Memorandum. Based on our firm’s experience, we will ensure the LRSP is developed in consistence with the following documents:

Subtask 3.2 Data Collection
Collision Data. TJKM will obtain the latest five years of collision data from the Transportation Injury Mapping System (TIMS) and the Statewide Integrated Traffic Records System (SWITRS) for crosschecking. We will reference additional supplemental information from the City or LA County Sheriff’s Department, such as additional collision data or a complaint database, if available.

Volume Data. We will work closely with City staff to obtain Average Daily Traffic (ADT) volumes, roadway data, and intersection turning movement counts available from City’s recent studies, e.g., Engineering and Traffic Survey, traffic impact studies, etc.
• Multimodal activity, demand, and behavior
• Right of way information, including number of lanes,
lane width, median type and width, shoulder type and
width (if any)
• Pavement markings and signage
• Horizontal and vertical curvature, super-elevation,
delineation or advance warning devices
• Presence of lighting
• Sight Distance
• Intersection traffic control device, including number of signal heads vs. number of lanes, presence of back
plates, etc.
• Intersection skew angle
• Intersection located in or near horizontal curve
• Presence of left-turn or right-turn lanes
• Left-turn phasing
• Allowance of right-turn-on-red
• Overhead versus pedestal mounted signal heads
• Pedestrian crosswalk presence, crossing distance,
signal head type
• Posted speed limit or operating speed
• Presence of nearby railroad crossing
• Location and presence of bus stops
Field Observation. TJKM will conduct field reconnaissance at high-risk locations for verifying roadway configurations and infrastructure deficiencies and opportunities for improvements. We will identify major risk factors attributed to historical collisions. The following are roadway features that we will record:
• Caltrans LRSM (4-2020)
• National Association of County Engineers (NACE) - A
Template for Local Roadway Safety Plan
• FHWA - Local and Rural Road Safety Briefing Sheets:

Local Road Safety Plans
• FHWA - Developing Safety Plans: A Manual for Local
and Rural Road (2012)
• FHWA - Systemic Safety Project Selection Tool (2013)
• FHWA - Local and Rural Road Safety Program
• California’s Strategic Highway Safety Plan (SHSP)
• Highway Safety Manual
• NACTO, American Association of State Highway and
Transportation Officials, California Manual on Uniform
Traffic Control Devices (MUTCD)
• California Vehicle Code (CVC)
• California Highway Design Manual (HDM)
• Caltrans Local Assistance Manual and Program
Guidelines
Task 3 Deliverables
 Draft and Final Memorandum summarizing Task 3
 GIS shapefiles and Excel sheets of the collision database and high-risk network database TASK 4. SAFETY ANALYSIS
Subtask 4.1 Systemic Safety Analysis and Trend Analysis TJKM will conduct a citywide collision analysis with an emphasis on Fatal and Severe Injury (F+SI) collisions. This will be a data-driven process including the following steps:
• Collision Trend: Analyzing and summarizing collision distribution including severity, travel mode, trend over time, lighting conditions, weather conditions, time of day, demographics of the victims and parties at-fault, collision type and violation category. We will identify trends that are increasing and which ones are receding and evaluate measures the City has taken thus far to address collision trends, including comparing collision trends with the City’s 2020 Systemic Safety Analysis Report.
• Collision Profile: Combining collision factors to identify prominent collision types. • Bicycle/Pedestrian Collisions: We will separately examine bicycle and pedestrian involved collisions to understand the factors leading to these collisions.

We will produce GIS-based mappings, charts, and other visualizations to help inform decision-making. We will summarize the collision analysis and maps in a Technical Memorandum.

Subtask 4.2 Identify High-Risk Network
This is a critical step to identify collision-prone locations throughout the City so that future incidents can be prevented.

Primarily, TJKM will identify a high-risk network, which will include a list of the top 10 high-risk intersections and top 10 roadway segments in Pico Rivera.
• Location Ranking/EPDO: TJKM proposes to use the Equivalent Property Damage Only (EPDO) methodology from the Highway Safety Manual (HSM), to identify and rank the locations from most needing safety improvement to the least.
• GIS Coding and Processing: TJKM will identify collisions within 250 feet of an intersection for calculating EPDO rate as described in the Project Approach. For roadway segments, we will employ the Sliding Window Algorithm as per the HSM to partition the city’s roadway system into equal segments (0.3 mile). A 0.3-mile “window” then slides by an increment of 0.1 mile to identify the segments of roadways for safety improvements.

Task 4 Deliverables
 Collision Analysis Memorandum with High Risk Network
TASK 5. COUNTERMEASURES & SOLUTIONS
Subtask 5.1 Emphasis Areas
Based on the collision history analyzed, high-risk network identified, and stakeholder input, TJKM will identify up to 10 emphasis areas. The emphasis areas could include infrastructure deficiencies, collision types, and human factors. Each emphasis area will include a description, objective, target outcome, the potential 5 E’s strategies and performance indicators. The emphasis areas will be developed in consultation with the stakeholder group.

Subtask 5.2 Countermeasure Toolbox
As we determine emphasis areas for enhancing safety for all roadway users in the City, TJKM will build a toolbox of E’s strategies for each of the aforementioned emphasis areas. This toolbox will inform City engineers, other staff, elected officials, and the general public about measures to address traffic safety issues in the City.

TJKM will leverage our expertise in traffic calming, complete streets, active transportation, and traffic operations. We will also consider the safety improvements identified as part of other studies within the City at high-risk locations, and will review the effectiveness of any improvements that have previously been implemented by comparing collision trends.

TJKM will select feasible and HSIP eligible countermeasures based on numerous data attributes, e.g., roadway characteristics, number of lanes, pavement conditions, traffic control types, collision information: collision types/collision locations, and primary collision factors. We will use the FHWA Crash Modification Factor Clearinghouse and other published research papers to evaluate the Crash Reduction Factor and effectiveness of each countermeasure.

Subtask 5.3 Safety Projects, Cost Estimate, and BCR Analysis Based on previously completed tasks, TJKM will identify viable safety projects (engineering) in accordance with Caltrans LRSM. This will include combinations of HSIP-eligible countermeasures identified in previous tasks. We will first develop detailed cost estimates for the identified projects. At the time, we will submit the first draft of projects for City review. Upon receiving comments, TJKM will finalize the list of projects and conduct a BCR analysis on all the identified projects for ranking. We will utilize LRSM approved BCR formula, crash costs in 2021 dollars, as well as the HSIP BCR Analyzer for verification purposes. Our design team and planners have extensive experience in preparing safety programs and design plan cost estimates. The team will develop a robust cost estimate sheet per project in construction, design, environmental, mobility, administrative, and with reasonable contingency.

Subtask 5.4 Implementation Plan
The implementation program will phase safety strategies and engineering projects in a five to 10-year span. It will also categorize projects into maintenance versus capital improvements with associated timing and responsible departments, which will inform budgeting of the City’s Capital Improvement Program. It will include a template by which the City can continuously update the LRSP as needs arise and the resources necessary to do so are available. It will recommend the necessary resources to continue to move the City towards a sustained and successful effort in addressing traffic safety.

Ultimately, TJKM wishes to leave the City with an implementable plan that assists in meeting traffic safety and Vision Zero goals.

TJKM can assist in writing a Vision Zero policy and its associated goals/performance metrics, if desired by the City. The LRSP overlaps with Vision Zero policy and metrics, and as such could benefit from consolidated efforts. The goals will be structured in a way that provides action items for City staff and help to work towards a goal of zero traffic fatalities in the City of Pico Rivera.

Potential funding sources for each project depend on types of improvements and travel modes. TJKM will develop a matrix of pursuable Federal and State grant fact sheets that instructs City staff with materials and timeline for each funding opportunity.

Subtask 5.5 Transportation Subcommittee
TJKM will attend one virtual meeting of the City’s Transportation Subcommittee during the development of Task 5. The purpose will be to solicit feedback from the committee members on proposed emphasis areas and countermeasures, as well as discuss Vision Zero.

Task 5 Deliverables
 Emphasis Areas Memorandum
 Countermeasure Toolbox
 Safety Projects Memorandum with cost estimates and benefit/cost ratios  Implementation Program
 Vision Zero Policy (if desired)
 Attendance at one virtual Transportation subcommittee meeting TASK 6. LOCAL ROADWAY SAFETY PLAN
Subtask 6.1 LRSP Report
Based on the work completed under previous tasks, TJKM will prepare the City of Pico Rivera LRSP report, first in draft format for review by City’s PM and stakeholders and, after receiving comments, a final report. The LRSP report will contain at a minimum the following sections (subject to adjustments):
• Executive Summary
• Introduction, Vision, Goals, and Objectives
• Safety Partners and Community Outreach
• Collision Data, Systemic Safety Analysis, and Results • Countermeasure Toolbox
• Safety Projects, Cost Estimate, and BCR
• Prioritization and Implementation Action Plan
• Emphasis Areas, Existing Efforts, 5 E Strategies, and Performance Measures
• Monitoring and Ongoing Coordination
We will prepare a PDF version of the report for City staff comment. Once comments are received, we will address them and produce a digital PDF and Word version of the Final Report.

Subtask 6.2 City Council Adoption
As requested, TJKM will be present in-person at a meeting of the Pico Rivera City Council to present the final LRSP for adoption. We will work with City staff to prepare any presentation materials, if necessary.

Subtask 6.3 HSIP Cycle 12 Applications
TJKM will prepare for the City up to two viable HSIP Cycle 12 grant applications. This could include narrative, collision list, collision diagrams, existing/proposed plan (cross-sections, plan views, and 3D renderings or photo simulations), BCR Analyzer, etc.

Task 6 Deliverables
 Draft and Final LRSP
 Attendance at one in-person City Council meeting
 Up to two HSIP Cycle 12 grant applications
City of Pico Rivera
Cost Proposal for Local Roadway Safety Plan
Prepared by TJKM Transportation Consultants
Ruta
Jariwala
Cory
Peterson Mark Doty Sayed Fakhry
Divya
Gandhi
Rutvij
Patel Anna Highsmith Riya Debnath Utsav Domadia
Ana
Dominguez
PIC Project
Manager
Deputy
Project
Manager
QA/QC Task Lead Task Lead Transportation
Engineer
Transportation
Planner
Assistant
Engineer
Spanish
Translation
Billing Rate $242.87 $123.72 $159.46 $223.35 $102.63 $190.00 $117.72 $102.44 $81.27 $102.49 Task 1. Meeting and Consultation 3 10 10 0 10 0 0 0 0 0 33 $ 4,586.64 Subtask 1.1 Kick-Off Meeting 1 2 2 2 7 $ 1,014.48
Subtask 1.2 Monthly Meetings & Schedule Updates 2 8 8 8 26 $ 3,572.16 Task 2. Identify & Engage Stakeholders 4 24 20 2 16 0 0 20 0 24 110 $ 13,727.23 Subtask 2.1. Identify Stakeholders 2 20 20 12 12 66 $ 8,610.70 Subtask 2.2 Community Outreach 2 4 2 4 20 12 44 $ 5,116.54 Task 3. Data Collection and Field Review 3 5 0 1 8 0 16 26 8 0 67 $ 7,588.71 Subtask 3.1 System Review 2 4 1 10 8 25 $ 2,878.51
Subtask 3.2 Data Collection 1 1 8 16 16 42 $ 4,710.20
Task 4. Safety Analysis 6 24 0 5 28 0 0 46 50 0 159 $ 17,192.36 Subtask 4.1 Systemic Safety Analysis & Trend Analysis 4 12 4 12 30 30 92 $ 10,092.24 Subtask 4.2 Identify High-Risk Network 2 12 1 16 16 20 67 $ 7,100.12 Task 5. Countermeasures & Solutions 7 48 20 11 33 18 110 49 78 0 374 $ 44,399.05 Subtask 5.1 Emphasis Areas 1 12 1 10 25 25 74 $ 7,569.79 Subtask 5.2 Countermeasure Toolbox 1 12 8 4 8 8 50 8 25 124 $ 14,974.85 Subtask 5.3 Safety Projects, Cost Estimate, & BCR Analysis 3 8 8 5 10 60 20 114 $ 14,699.42 Subtask 5.4 Implementation Plan 1 12 2 1 15 16 8 55 $ 6,098.33 Subtask 5.5 Transportation Subcommittee 1 4 2 7 $ 1,056.66 Task 6. Local Roadway Safety Plan 1 48 12 17 25 4 28 33 45 0 213 $ 25,551.17 Subtask 6.1 LRSP Report 1 20 6 12 15 2 10 25 25 116 $ 14,043.44 Subtask 6.2 City Council Adoption 16 6 22 $ 2,936.24
Subtask 6.3 HSIP Cycle 12 Applications 12 5 10 2 18 8 20 75 $ 8,571.48 Sub-Total 24 159 62 36 120 22 154 174 181 24 956 $ 113,045.16 Mileage/Travel $ 1,750.00
Total $ 114,795.16
Direct Cost
Task Cost by
Task Cost by Task
Local Assistance Procedures Manual Exhibit 10-H1
Cost Proposal
Consultant
Project No. LRSPL-5351(039) Contract No. Date 4/7/2022

DIRECT LABOR
hours Actual Hourly Rate Total
159 $46.63 $7,414.17
62 $60.10 $3,726.20
24 $91.54 $2,196.96
36 $84.18 $3,030.48
120 $38.68 $4,641.60
22 $71.61 $1,575.42
154 $44.37 $6,832.98
174 $38.61 $6,718.14
181 $30.63 $5,544.03
24 $38.63 $927.12

LABOR COSTS
a) Subtotal Direct Labor Costs $42,607.10
b) Anticipated Salary Increases (see page 2 for sample) $0.00 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $42,607.10

INDIRECT COSTS
d) Fringe Benefits (Rate: 32.71% ) e) Total Fringe Benefits 13936.78241 f) Overhead (Rate: 108.49% g) Overhead [(c)x(f)] 46224.44279 h) General and Administrative (Rate: 0.00% i) Gen & Admin [(c) x (h)] 0 j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $60,161.23
FIXED FEE k) TOTAL FIXED PROFIT [(c) + (j)] x fixed fee 10% $10,276.83 1) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary Description of Item Quantity Unit(s) Unit Cost Total
Mileage Costs 0 $0.560 $1,750.00
Equipment Rental and Supplies $0.00
Permit Fees $0.00
Plan Sheets $18.00 $0.00
Test $0.00
1) TOTAL OTHER DIRECT COSTS $1,750.00
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) Subconsultant 1: $0.00
Subconsultant 2: $0.00
Subconsultant 3: $0.00
Subconsultant 4: $0.00
m) TOTAL SUBCONSULTANTS' COSTS: $0.00
$1,750.00
TOTAL COST [(c) + (j) + (k) + (n)] $114,795.16
NOTES:
1 Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**).

All costs must comply with the Federal cost principals. Subconsultants will provide their own cost proposals. 2 The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. 3 Anticipated salary increases calculation (page 2) must accompany.

Assistant Transportation Planner Utsav Domadia
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l)+(m)] Project Manager Cory Peterson*
Deputy Project Manager Mark Doty*
QA/QC Sayed Fakhry, PE, TE*
Spanish Translation Ana Dominguez
Transportation Planner Riya Debnath
PIC Ruta Jariwala, PE, TE*
Task Lead
EXHIBIT 10-H1 COST PROPOSAL PAGE 1 OF 3

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
TJKM Transportation Consultants
Classification/Title Name
Note: Mark-ups are Not Allowed X Prime Consultant  Subconsultant  2nd Tier Subconsultant Task Lead
Divya Gandhi*
Rutvij Patel, EIT*
Transportation Engineer Anna Highsmith
January 2020
Local Assistance Procedures Manual Exhibit 10-H1
Cost Proposal

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hou Avg Hourly 5 Year Contract
Rate Duration
$42,607.10 = $44.57 Year 1 Avg Hourly Rate

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Avg Hourly Rate
Year 1 $44.57 + = $44.57 Year 2 Avg Hourly Rate
Year 2 $44.57 + = $44.57 Year 3 Avg Hourly Rate
Year 3 $44.57 + = $44.57 Year 4 Avg Hourly Rate
Year 4 $44.57 + = $44.57 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 100.00% * = 956.0 Estimated Hours Year 1
Year 2 0.00% * = 0.0 Estimated Hours Year 2
Year 3 0.00% * = 0.0 Estimated Hours Year 3
Year 4 0.00% * = 0.0 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Total 100% = 956.0
Year 1 $44.57 *= $42,607.10 Estimated Hours Year 1
Year 2 $44.57 *= $0.00 Estimated Hours Year 2
Year 3 $44.57 *= $0.00 Estimated Hours Year 3
Year 4 $44.57 *= $0.00 Estimated Hours Year 4
= $42,607.10
= $42,607.10
= $0.00 Transfer to Page 1
NOTES:
 This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.  An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology)  This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.  Calculations for anticipated salary escalation must be approved. 0 0

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) 956.0
956.0
0%
0%
Total Hours
Completed Each Year per Cost Proposal
Estimated %
956.0
956.0
Cost per Year
Total Direct Labor Cost with Escalation

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) 956.0
Total
Estimated total of Direct Labor Salary Increase
(calculated above)
Avg Hourly Rate
(calculated above)
956
0 Estimated hours
Direct Labor Subtotal before Escalation
(CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
0%
Direct Labor Subtotal
per Cost Proposal per Cost Proposal
Total Hours
956
Proposed Escalation
0%
EXHIBIT 10-H1 COST PROPOSAL PAGE 2 OF 2

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS January 2020
Local Assistance Procedures Manual Exhibit 10-H1
Cost Proposal Certification of Direct Costs:

I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principals (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contract

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principals and Procedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Services

6. 48 Code of Federal Regulations Part 9904 - Cost Accouting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).

Prime Consultant or Subconsultant Certifying:

Name: Title:

Signature: Date of Certification (mm/dd/yyyy):

Email: Phone Number:

Address:
*An individual executive or financial officer of the consultant’s or subconsultant’s organization at a levelno lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

List of services the consultant is providing under the proposed contract:

Traffic Engineering & Transportation Planning
Nayan Amin
[email protected]
4305 Hacienda Drive, Suite 550, Pleansanton, CA 94588
President
4/7/2022
925.463.0611
January 2020
To: Mayor and City Council
From: City Manager
Meeting Date: April 26, 2022
Subject: ANNUAL SIDEWALK IMPROVEMENTS PROJECT (CIP
NO. 50038) – NOTICE OF COMPLETION
Recommendation:

1. Accept the work as completed for the Annual Sidewalk Improvements Project, CIP No. 50038 constructed by Vido Samarzich, Inc. and authorize the City Clerk to file the Notice of Completion with the Los Angeles County Registrar-Recorder; and

2. Authorize the City Manager to release the retention payment totaling $18,722.87 to Vido Samarzich, Inc. following the mandatory waiting period from the date the Notice of Completion is recorded.

Fiscal Impact:

Funding for this project in the amount of $432,000 (Measure R Funds - Account No. 207.70.7300.54500-50038) was appropriated as part of the fiscal year (FY) 2021-22 Adopted Budget. The project was completed for a total cost of $413,000. The unused balance in Measure R Funds will be unencumbered and made available to the Measure R Fund balance (Fund 207) for future projects.

Discussion:

The Capital Improvement Program (CIP) includes a budget for hardscape improvements on an annual basis which consist of repairs and replacement of damaged sidewalks, ramps, curb and gutter, tree removals and other miscellaneous related improvements. In addition, in order to address noise and vibration concerns from residents and to provide a safer environment for both pedestrians and motorists within the City’s roadway network, utility trench repairs were completed at 4101 and 6131 Rosemead Boulevard, and along Paramount Boulevard northbound lanes (approximately 240 feet north of Mines Avenue).

On August 10, 2021, the City Council authorized the City Clerk to advertise the Notice Inviting Bids for construction. On August 31, 2021 four (4) bids were received and opened by the City Clerk in a public forum. The bids ranged from $284,006 to $438,237. On September 14, 2021, City Council rejected the lowest non-responsive bid CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 26, 2022
ANNUAL SIDEWALK IMPROVEMENTS PROJECT (CIP NO. 50038) – NOTICE OF

COMPLETION