Agenda packet — Pico Rivera City Council, September 27, 2022 (part 4 of 7)

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: September 27, 2022
Subject: ON-CALL PANEL FOR LOBBYING, ADVOCACY, AND

GRANT SUPPORT SERVICES
Recommendation:

1. Authorize the City Manager to establish an on-call, task order-based panel for lobbying, advocacy, and grant support services with Actum, LLC, Kiley & Associates, MNS Engineering, Ollin Strategies, Thorn Run Partners, and Townsend Public Affairs for a performance period of three (3) base years and two (2), one-year options to extend as authorized by the City Manager; and

2. Authorize the City Manager to issue individual task orders and execute professional service agreements as needed for a not-to-exceed amount of $250,000 for each firm designated to serve as part of the panel of on-call consultants and used for task requested projects.

Fiscal Impact:

This action is consistent with the City Council-adopted fiscal year (FY) 2022-2023 Adopted Budget, which includes a dedicated not-to-exceed amount of $250,000 in the General Fund (Fund 100) Account No. 100.11.1110-54400 for lobbying, advocacy, and grant support services. No additional appropriation is required at this time. The Administration Department will process Task Orders on an as-needed basis.

Background:

Advancing City Priorities
In response to the COVID-19 pandemic and the impacts of Whittier Narrows Dam Safety Modification Project (WND), the City of Pico Rivera developed and is aggressively advancing Pico Rivera 2035 (PR 2035), a holistic community revitalization program that is designed to stimulate smart, equitable and sustained long-term community development and economic growth. The City of Pico Rivera has also adopted a 5-year Strategic Plan to help align and advance the 5-year Capital Infrastructure Program (CIP). Collectively, these programs seek to leverage existing resources to attract significant investments while aligning legislative support for capital infrastructure and innovative projects that will transform the City and region alike.
7 CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 27, 2022

ON-CALL PROFESSIONAL SERVICE AGREEMENTS FOR LOBBYING, ADVOCACY,

AND GRANT SUPPORT SERVICES

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Within the past year and a half, the City has secured over $50 million in competitive grants and direct legislative funding appropriations to enhance existing parks, acquire, and develop new open spaces, rehabilitate vital infrastructure, develop master plans, to revitalize priority corridors in the City. The City has also worked directly with legislators to secure regulatory relief, supportive language in federal law, and state and regional policies.

Staff will continue to seek and secure funding and legislative relief to ultimately offset the expense and further justify the value of such services.

The City’s CIP and PR 2035 are comprised of diverse plans, programs, and projects, each of which are complex, dynamic, and at different stages in development. Some projects are very localized but have a direct correlation to the WND project, thereby requiring relationships with key Congressional members, Congressional Committees (Natural Resources, Transportation & Infrastructure, Water Resources & Environment), and federal agencies such as the U.S. Army Corps of Engineers. Other projects are more regionally significant therefore requiring strategic partnerships, cross-jurisdictional collaboration, and coordinated action with State and regional government entities such as Los Angeles County, LA Metro, South Coast Air Quality Management District (SCAQMD), Southern California Association of Governments (SCAG), Southern California Edison (SCE), California High-Speed Rail (CAHSR), and Gateway Cities and San Gabriel Valley Councils of Governments and others.

The fluid nature of the political arena, the bureaucratic nuances of each government agency, and the increasingly competitive state of funding opportunities require a nimble bench of on-call consultants that provide a range of lobbying, advocacy, and grant writing services. The on-call bench will augment staff capacity and help maneuver and influence regional, state, and federal political landscapes to advance the City’s adopted Strategic Plan, CIP, Legislative Platform, and PR 2035. As needs arise across the various levels of government, individual task orders will provide greater detail with respect to specific goals, tasks, deliverables, and timelines. Task orders and subsequent professional service agreements will be awarded to the most appropriate consultant firm according to need, qualifications, experience, and likelihood of delivering successful outcomes.

Discussion:

Procurement Process
A Request for Proposals (RFP) for lobbying, advocacy services, and grant services were published on Thursday, June 23, 2022. A total of 11 proposals were submitted by the deadline on Thursday, July 14, 2022. Proposals were then reviewed and evaluated by a diverse panel of staff and identified six (6) firms with the most ideal qualifications and experience that aligned with the goals, objectives, and needs articulated in the RFP. Staff also evaluated proposals with the goal of ensuring primary coverage and backup coverage at each level of government, including federal, state, and local/regional levels. The recommended firms provide coverage in the following areas:

CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 27, 2022

ON-CALL PROFESSIONAL SERVICE AGREEMENTS FOR LOBBYING, ADVOCACY,

AND GRANT SUPPORT SERVICES

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Consulting Firm Local &
Regional
State Federal Grant
Support
Actum LLC P B B B
Kiley & Associates P B
MNS Engineers Inc. B P
Ollin Strategies P
Thorn Run Partners P B
Townsend Public Affairs B P P
P = Primary coverage B = Backup coverage
Consulting Firms
Actum, LLC
Actum is a minority-owned global consultancy firm built to deliver highly meaningful and measurable outcomes for their clients around the world. Actum takes an integrated approach that combines “shoe leather” advocacy that directly engages policymakers with effective lobbying and government relations to prime the environment and builds support for their client’s priorities.

In Los Angeles County, with the Board of Supervisors and Departments, Actum’s experience and relationships allow them to identify and execute on meaningful policy change and grant funding opportunities at the local level. John Eck, and the Actum team have been working with the Los Angeles County Board of Supervisors for over 25 years.

Actum has strong relationships with the heads of major county departments and will develop a detailed strategy to serve Pico Rivera’s objectives.

Kiley & Associates
Kiley & Associates is a Veteran owned LLC headquartered in Washington, D.C., that has represented a variety of organizations across various industry sectors, including local governments, states, businesses, nonprofits, and trade associations. Kiley & Associates specialized in providing lobbying and advocacy services at the Federal level and has built close and robust relationships within the United States Congress, Senior White House Officials, and leadership within key administrative departments and agencies, notably the U.S. Army Corps of Engineers.

Kiley & Associates has a proven track record of success advancing legislative solutions, elevating local city priorities at the Legislative and Executive branches of government, and securing funding resources for local governments.

MNS Engineers, Inc.

MNS provides quality infrastructure consulting services to the federal, state, and local government markets throughout California. MNS specializes in the core services of civil engineering, construction management and inspection, land surveying, and specialty services such as grant writing. MNS is particularly skilled and experienced in providing CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 27, 2022

ON-CALL PROFESSIONAL SERVICE AGREEMENTS FOR LOBBYING, ADVOCACY,

AND GRANT SUPPORT SERVICES

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grant writing services in the areas of parks and recreation, transportation planning and safety, emergency preparedness and hazard mitigation, environmental sustainability, stormwater management, energy efficiency and sustainability.

The MNS Grant writing team includes staff with PhD credentials, licensed engineers, and experts in their fields. The MNS grant writing team possesses an expert-level ability to support the city beyond grant writing tasks by providing planning, engineering, and economic analysis support, in addition to special studies and project concepts.

Ollin Strategies
Ollin Strategies is a lobbyist, and advocacy firm focused on the State of California. Ollin Strategies possess intimate knowledge of the state legislature, budget processes, extensive and strong relationships with key decision-makers in the Governor’s Office, State Senate, and Assembly, as well as a robust understanding of how to navigate grant awarding state agencies.

Ollin Strategies will build and maintain strong relationships with key state entities, including the California State Assembly and Senate, Governor’s office, and state agencies. Ollin Strategies will form robust relationships between the City and key stakeholders that represent labor, housing, economic development, transportation, and local government.

Ollin Strategies seeks to raise the City’s bottom line by securing financial resources for Pico Rivera 2035, as well as helping the City to compete for resources.

Thorn Run Partners
Thorn Run Partners (TRP) offers first-in-class bi-partisan government relations and strategic communications practice with extensive experience representing clients on Capitol Hill and before the Executive Branch. TRP has helped local government clients secure more than $3 billion for their needs as well as deliver policy wins, that in some cases dwarf the value of funded projects. With the return of Congressional Earmarks in 2021, TRP secured $115 million in earmarked funding for their clients for a variety of projects and initiatives. TRP has helped their clients secure more than $630 million from the federal infrastructure bill despite its infancy.

Townsend Public Affairs
Townsend Public Affairs (TPA) is well-versed at maneuvering and influencing the regional, state, and federal political landscapes to implement client priorities. Regarding the City’s priorities, TPA understands the connections between infrastructure, rehabilitation of existing structures, and creation of more open-air space will become legacy projects that the city and its residents will utilize for generations.

TPA has developed an extensive network with members and staff of the California State Legislature and California Congressional Delegation, which allows TPA to provide its clients with the most up-to-date information on state and federal legislative and regulatory activities.

CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 27, 2022

ON-CALL PROFESSIONAL SERVICE AGREEMENTS FOR LOBBYING, ADVOCACY,

AND GRANT SUPPORT SERVICES

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Performance Evaluation
City staff will monitor each contractor’s performance throughout the term of the agreement and will assess and reevaluate Council’s position on issues, consider changes, improvements, updates to the Legislative Platform, or areas that may require ongoing focus throughout each legislative session.

Conclusion:

Staff recommends that the City Council approve the panel of firms designated and authorize the City Manager to issue individual task orders and subsequent Professional Service Agreement(s) as needed with any of the firms recommended above. Staff will report back to City Council upon issuing task orders to ensure transparency and consistency with stated goals and objectives.

Steve Carmona
SC:JH:smc
Enclosure: 1) Example Professional Services Agreement
AGREEMENT NO. _______

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF PICO RIVERA AND
INSERT CONSULTANT’S NAME

1. IDENTIFICATION
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Pico Rivera, a California municipal corporation (“City”) and INSERT CONSULTANT’S NAME, (“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 Federal, State and Regional Advocacy, Lobbying and Grant Support on an oncall basis.

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 INSERT PROPOSAL DATE 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 INSERT PROPOSAL DATE proposal to City attached hereto as Exhibit “B.”

3.3 “Commencement Date”: INSERT DATE

3.4 “Expiration Date”: INSERT DATE

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. 7a
Enclosure 1

5. CONSULTANT’S SERVICES

5.1 Consultant shall perform the services identified in the Scope of Services as more specifically described in any task orders issued by the City. City shall have the right to request, in writing, changes in the Scope of Services. Any such 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 of INSERT COMPENSATION AMOUNT. WRITE OUT AMOUNT IN WORDS AND ALSO INCLUDE AMOUNT IN DIGITS 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 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.

INSERT NAME AND TITLE OF CONSULTANT’S PROJECT ADMINISTRATOR 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 CONSULTANT

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 any time represent that it is, or that any of its agents or employees are, in any manner employees of City.

12.2 The 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, 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 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:

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 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.

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

NAME, TITLE
INSERT CONSULTANT’S NAME

ADDRESS

CITY, STATE, ZIP

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 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.

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 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.

______________________________ ___________________________________ Brent A. Tercero, Mayor INSERT NAME, TITLE
Dated: ________________________ Dated: _____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ ___________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney

EXHIBIT A

SCOPE OF SERVICES

EXHIBIT B

APPROVED FEE SCHEDULE

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 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.”

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.

To: Mayor and City Council
From: City Manager
Meeting Date: September 27, 2022
Subject: APPROVE AMENDMENT NO. 4 TO AGREEMENT NO.15-
1615 TO RENEW THE TYLER TECHNOLOGIES (NEW

WORLD SYSTEMS SOFTWARE LICENSE, MAINTENANCE

AND SUPPORT) AGREEMENT FOR THE CITY OF PICO
RIVERA’S FINANCIAL SYSTEM
Recommendation:

1. Authorize the City Manager to execute the renewal clause in the maintenance and support agreement with Tyler Technologies, the parent company of New World Systems, Inc. (NWS), for the continued maintenance and support of the City of Pico Rivera’s (City) financial system, for an amount not-to-exceed $88,200 for fiscal year (FY) 2022-23 and $92,610 for FY 2023-24 by executing Amendment No. 4 (Enclosure 1) to the original software license and service Agreement No. 15- 1615, dated August 10, 2015 (Enclosure 5).

Fiscal Impact:

Costs associated with the annual maintenance and support agreement are estimated at $88,200 for FY 2022-23 and $92,610 for FY 2023-24 to support and maintain the City’s financial system. The renewal amount of $88,200 has been included in the FY 2022-23 adopted budget within the General Fund (Account No. 100.20.6040-52805), software licensing. Adequate funding will be budgeted in FY 2023-24 to cover the renewal amount of $92,610.

Discussion:

In July 2015, the City Council approved $820,000 for the implementation and software maintenance costs of the NWS software, which included $300,000 for four (4) years of maintenance and support fees. The original contract expired at the end of August 2020 (Enclosure 5). The City Council then approved the first and second amendments of the Tyler Technologies agreement for the annual maintenance and support of NWS in September 2020 and August 2021 (Enclosures 3 and 4). The City Council also approved the third amendment for the Accounts Payable Import Process in March 2022 (Enclosure 2).
8 CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 27, 2022 APPROVE AMENDMENT NO. 4 TO AGREEMENT NO.15-1615 TO RENEW THE

TYLER TECHNOLOGIES (NEW WORLD SYSTEMS SOFTWARE LICENSE, MAINTENANCE AND SERVICES) AGREEMENT FOR THE CITY OF PICO RIVERA’S

FINANCIAL SYSTEM

Page 2 of 2 ends

Tyler Technologies and the City desire to renew the maintenance and support services agreement expiring on August 31, 2022. NWS software has been an effective and efficient Enterprise Resource Planning (ERP) system and has been utilized citywide since September 2016. This includes licensing for all modules required for the various workflows in the Finance and Human Resources departments, such as accounts receivable, payment processing, purchase orders, payroll processing, generating reports such as internal audits and required state and federal reports, and more. NWS software is an all-encompassing system maintaining the financial record-keeping for the City.

Therefore, staff recommends a two-year extension of the current contract, with an option to reassess future years’ needs. The annual maintenance renewal fee for the proposed period has seen a modest increase of 5% over the prior year, going from $84,000 to $88,200 in FY 2022-23 and $92,610 in FY 2023-24.

Conclusion:

Staff recommends the approval of the Tyler Technologies, NWS software license, maintenance, and service agreement renewal for the City’s financial system through August 31, 2024. Awarding this agreement will ensure the City’s financial systems are properly maintained and supported.

Steve Carmona
SC:AG:JG:ep
Enclosures: 1) Amendment No. 4/Exhibit A, B, C, and D
2) Amendment No. 3
3) Amendment No. 2
4) Amendment No. 1
5) Agreement No. 15-1615
AMENDMENT NO. 4

TO THE STANDARD SOFTWARE LICENSE AND SERVICES
AGREEMENT WITH TYLER TECHNOLOGIES, INC., (NEW WORLD
SYSTEMS), AGREEMENT NO. 15-1615
THIS AMENDMENT NO. 4 TO AGREEMENT NO. 15-1615 FOR STANDARD

SOFTWARE LICENSE AND SERVICES AGREEMENT WITH TYLER
TECHNOLOGIES, INC., (NEW WORLD SYSTEMS), (“Amendment No. 4"), effective as of the date specified in paragraph 4 hereof, is made and entered into by and between the CITY OF PICO RIVERA, a California municipal corporation (“CITY”), and TYLER TECHNOLOGIES, INC., parent company of NEW WORLD SYSTEMS CORPORTION (“CONTRACTOR”).

RECITALS
A. CITY and CONTRACTOR (collectively referred to as the “PARTIES”) have previously executed that certain Software License and Services Agreement No. 15-1615 (“Agreement”) relating to services in the City of Pico Rivera.

B. The PARTIES have previously executed that certain Amendment Nos. 1, 2 and 3 to the Software License and Services Agreement with Tyler Technologies, Inc., New World Systems Agreement No. 15-1615, (“Amendment Nos. 1, 2, and 3, respectively”) amending the Agreement.

C. The PARTIES desire to amend said Agreement as set forth herein, pursuant to the following sections:
• Section 1 “SSMA Period” of Exhibit C – “STANDARD SOFTWARE MAINTENANCE AGREEMENT (SSMA)”;
• Section I, paragraph (A) and Section II, paragraph (A) of Exhibit AA – TOTAL COST SUMMARY AND PAYMENT SCHEDULE (and the “Total Software License Fee” described in Exhibit A – “LICENSED STANDARD SOFTWARE AND FEES”); and
• Section 7 “Maintenance Cost for licensed Standard Software Package Covered for “.NET Server(s)” of Exhibit C – “STANDARD SOFTWARE
MAINTENANCE AGREEMENT (SSMA) of the Agreement as set forth herein.

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. EXTENSION OF TERM PERIOD
• Section 1, “SSMA Period” of Exhibit C – “STANDARD SOFTWARE MAINTENANCE AGREEMENT (SSMA)” of the Agreement shall be stricken and modified as follows:

Tyler Technologies shall provide maintenance and support services on the Licensed Standard Software according to the terms of Exhibit A of Enclosure 1 (“Support Amendment”) of this Amendment No. 4 on a term to expire on August Enclosure 1
8a
Amendment No. 4
Tyler Technologies, Inc., New World Systems Agreement No. 15-1615

Page 2 of 3 ends

31, 2024 (“Term Period”), unless sooner terminated as provided in the Agreement.

2. COMPENSATION.
• Section I, paragraph (A) and Section II, paragraph (A) of Exhibit AA – “TOTAL COST SUMMARY AND PAYMENT SCHEDULE” (and the
“Total Software License Fee” described in Exhibit A – “LICENSE STANDARD SOFTWARE FEES”); and
• Section 7 “Maintenance Cost for licensed Standard Software Package Covered for “.NET Server(s)” of Exhibit C – “STANDARD SOFTWARE MAINTENANCE AGREEMENT [SSMA]”) of the Agreement shall be stricken and modified as follows:

Compensation Amount and Future Increases: CONTRACTOR shall provide the services described in Exhibit A to Enclosure 1 of this Amendment No. 4 regarding accounting services for contemplated in this Amendment No. 4 (as further described in Section 1 “Extension of Term Period,” above) in the following amounts:
• An amount not-to-exceed $88,200 for Fiscal Year 2022-23; and • An amount not-to-exceed $92,610 for Fiscal Year 2023-24.

Additionally, CONTRACTOR hereby agrees that any future increase in the annual maintenance fees shall not exceed 5% per year for existing modules, over the prior year for the next two (2) annual maintenance renewals.

3. EFFECT OF AMENDMENTS.

Except as modified herein, either expressly or by necessary implication, the terms and provisions of the Agreement between the CITY and CONTRACTOR shall remain in full force and effect. If there is conflict between this Amendment No. 4 and the Agreement, the terms of this Amendment No. 4 will prevail.

4. EFFECTIVE DATE.

Unless otherwise specified herein, this Amendment No. 4 shall become effective as of the date set forth below on which the last of the PARTIES, whether CITY or CONTRACTOR, executes this Amendment No.4.
[End of Amendment No.4. Signatures to follow.]
Amendment No. 4
Tyler Technologies, Inc., New World Systems Agreement No. 15-1615

Page 3 of 3 ends

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 4 to be executed and attested by their respective officers hereunto duly authorized. “CITY” “CONTRACTOR”
CITY OF PICO RIVERA TYLER TECHNOLOGIES, INC.
______________________________ _________________________________ Steve Carmona, City Manager
Title: _____________________________
Dated: ________________________ Dated: ____________________________ ATTEST: APPROVED AS TO FORM
___________________________ _________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney

Enclosure 2
8b

Enclosure 3
8c

Enclosure 4
8d

Enclosure 5
8e

To: Mayor and City Council
From: City Manager
Meeting Date: September 27, 2022
Subject: APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. 12-
1361 WITH THE CITY OF DOWNEY FOR TRAFFIC SIGNAL

MAINTENANCE SERVICES AT VARIOUS SHARED

SIGNALIZED INTERSECTIONS ON TELEGRAPH ROAD
Recommendations:

1. Approve Amendment No. 2 to Agreement No. 12-1361 with the City of Downey for Traffic Signal Maintenance Services at various shared signalized intersections on Telegraph Road; and

2. Authorize the City Manager to execute the Amendment in a form approved by the City Attorney.

Fiscal Impact:

Pico Rivera’s pro-rata share of the traffic signal preventative and extraordinary maintenance services and electricity for the five (5) shared intersections is 50%. The costs are a pass-through reimbursement to the City of Downey for actual costs incurred.

The costs cannot be accurately estimated, because while part of the work is routine maintenance monthly, part of the costs is associated with extraordinary maintenance which occurs when there is an accident or malfunction at one of the signals. The fiscal year (FY) 2022-23 Adopted Budget (Accounts No. 100.40.4030-54655, “Street Lights/Signals” and 100.40.4030-54200 “Utilities”) include an estimate for funding for services and utilities provided under this contract. No additional funding is needed at this time.

Background:

On November 14, 2012, the City executed Agreement No.12-1361 with the City of Downey for traffic signal maintenance services at five (5) shared signalized intersections on Telegraph Road. The term of the agreement was for five (5) years which expired in November 2017. On November 15, 2017, the City executed Amendment No.1 to Agreement No.12-1361 extending the term to November 14, 2022.

The five (5) shared intersections include signalized intersections on Telegraph Road at Paramount Boulevard, Birchbark Avenue, Serapis Avenue, Passons Boulevard and True Avenue. Each agency owns 50% of each intersection and the City of Downey maintains 9 COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 27, 2022 APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. 12-1361 WITH THE CITY OF

DOWNEY FOR TRAFFIC SIGNAL MAINTENANCE SERVICES AT VARIOUS

SHARED SIGNALIZED INTERSECTIONS ON TELEGRAPH ROAD

Page 2 of 2 ends

the traffic signals at each of the five (5) shared signalized intersections. The cost of the routine and extraordinary maintenance as well as the power costs are shared equally by both jurisdictions. Crosstown Electric provides the maintenance of these traffic signals under contract for the City of Downey.

The execution of the attached amendment No.2 will extend the terms and conditions of the original Agreement No.12-1361 and amendment No.1, between the City of Downey and the City of Pico Rivera, pertaining to the maintenance of the traffic signals for another five (5) years through 2027. The 50% cost sharing remains unchanged.

Conclusion:

Staff recommends approving Amendment No.2 to Agreement No.12-1361 with the City of Downey for traffic signal maintenance of shared intersections. This action will provide for continued high quality traffic signal maintenance services and safety at the shared intersections.

Steve Carmona
SC:TR:np
Enclosures: 1) Amendment No. 2 to Agreement No. 12-1361 2) Amendment No. 1 to Agreement No. 12-1361
3) Agreement No. 12-1361
4) Agreement for Crosstown Electrical and Data, Inc.
1 AMENDMENT NO. 2 TO

AGREEMENT BY AND BETWEEN

CITY OF DOWNEY AND CITY OF PICO RIVERA FOR TRAFFIC

SIGNAL MAINTENANCE SERVICES AT THE INTERSECTIONS OF

TELEGRAPH ROAD AT PARAMOUNT BOULEBARD, TELEGRAPH

ROAD AT BIRCHBARK AVENUE, TELEGRAPH ROAD AT SERAPIS

AVENUE, TELEGRAPH ROAD AT PASSONS BOULEVARD AND

TELEGRAPH ROAD AT TRUE AVENUE
THIS AMENDMENT No. 2 (“Amendment”) is entered into this ____ day of _________ 2022, by and between the City of Downey, a California municipal corporation and charter city (“City”) with its principal place of business at 11111 Brookshire Avenue, Downey, CA 90241 and City of Pico Rivera, a Municipal Corporation (“Pico Rivera”) with its principal place of business at 6615 Passons Boulevard, Pico Rivera, CA 90660. City of Downey and City of Pico Rivera are sometimes individually referred to as the “Party” and collectively as the “Parties”.

WHEREAS, City of Downey and City of Pico Rivera entered into an Agreement (“Agreement”) on November 6, 2012 for Traffic Signal Maintenance Services as more specifically described in the Agreement; and
WHEREAS, City of Downey and City of Pico Rivera executed Amendment No. 1 (“Agreement”) on November 15, 2017 to extend the term of the original agreement for a period of five (5) years commencing November 15, 2017 and ending November 14, 2022; and WHEREAS, the Parties desire to amend the Agreement to further extend the term of the Agreement; and
WHEREAS, the Parties intend to be bound by the terms and provisions of the Agreement as it is amended herein.

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

Section 1. AMENDMENTS.

A. City of Downey and City of Pico Rivera hereby amend Section 1 of the Agreement to read as follows:
“This Agreement shall be extended for the period commencing November 15, 2022 and ending November 14, 2027, unless sooner terminated pursuant to the provisions of this Agreement.”
Section 2. The rights, obligations and fees of the Parties under the Agreement shall not otherwise be amended, altered or revised except as expressly provided for herein and all other terms of the Agreement shall remain in full force and effect.

Section 3. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.

TO EFFECTUATE THIS AMENDMENT, the Parties have caused their duly authorized representatives to execute this Amendment to the Agreement on the dates set forth below.

ENCLOSURE 1
9a
2 City: City of Downey City of Pico Rivera
By: By: ___
Mark Scott, Interim City Manager Steve Carmona, City Manager Date: _________________________ Date: ____________________________ ATTEST: ATTEST:

By: ___________________________________ By: ___________________________________ Maria Alicia Duarte, CMC, City Clerk Anna M. Jerome, City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM:

By: ________________________________ By: _________________________________ Lauren Langer, Interim City Attorney Arnold M. Alvarez-Glasman, City Attorney ENCLOSURE 2
9b

ENCLOSURE 3
9c

CITY OF DOWNEY

PROFESSIONAL SERVICES AGREEMENT WITH CROSSTOWN
ELECTRICAL AND DATA, INC. FOR ON -CALL TRAFFIC

SIGNAL, FLASHING BEACON AND FIBEROPTIC

COMMUNICATIONS MAINTENANCE SERVICES
This Agreement is made and entered into 28th day of November, 2020, by and between the City of Downey, a California municipal corporation and charter city with its principal place of business at 11111 Brookshire Avenue, Downey California 90241 and Crosstown Electrical And Data, Inc., a California Corporation, with its principal place of business at 5454 Diaz Street, Irwindale, CA 91706. City and Contractor are sometimes individually referred to as the " Party" and collectively as the " Parties".

2. RECITALS.

Contractor desires to perform and assume responsibility for the provision of traffic signal, flashing beacon and fiberoptic communications maintenance services required by City on the terms and conditions set forth in this Agreement. Contractor represents that it has demonstrated competence and experience in traffic signal, flashing beacon and fiberoptic communications maintenance services to public clients, is licensed in the State of California, and is famar with the standards of City.

2. 2 Services.

City desires to engage Contractor to render such services on an On -Call basis to assist the City with the maintenance of its traffic signals, flashing beacons and fiberoptic communications assets as set forth in this Agreement.

3. TERMS.

3. 1. 1 General Scope of Services. Contractor promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately provide the professional traffic signal, flashing beacon and fiberoptic communications services necessary for the Project (" Services"). The Services are more particularly described in Exhibit " A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

ENCLOSURE 4
9d

to correct errors or omissions which are caused by the Contractor' s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub -Contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner consistent with the standard of care set forth herein, shall be promptly removed from the Project by the Contractor and shall not be re- employed to perform any of the Services or to work on the Project.

3. 2. 9 Laws and elatiors. Contractor shall keep itself fully informed of and in compliance with all applicable local, state and federal laws, rules and regulations in force at the time the Services are performed by Contractor and in any manner affecting the performance of the Project or the Services, including all applicable Cal/ OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the applicable indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. Contractor' s violation of such laws, rules and regulations shall also constitute a material breach of this Agreement.

3. 2. 10 Insurance.

3. 2. 10. 1 Time for Compliance. Contractor shall not commence the Services or the Project under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience with insurer, coverage or other special circumstances.

3. 2. 10. 2 Minimum Realrerner#ts: Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement, the Services or the Project by the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:

A) Minimum Sco a of Insurance. ( 1) Commercial General
Liability ( CGL): Insurance Services Office Form CG 00 01 covering CGL on an " occurrence" basis including products and completed operations, property damage, bodily injury and 4 personal and advertising injury; ( 2) Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 ( any auto) or if Contractor owns no autos, Code 8 ( hired) and 9 ( non -owned); and ( 3) Workers' Compensation: Workers' Compensation insurance as required by the State of California with Statutory Limits; and ( 4) Employer' s Liability Insurance.

B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: ( 1) Commercial General Liability ( CGQ: No less than $ 2, 000, 000 per occurrence for products and completed operations, bodily injury, property damage and personal and advertising injury. If Commercial General Liability Insurance or other form with general aggregate limit applies, either the general aggregate limit shall apply separately to this Agreement/location ( ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit; ( 2) Automobile Liability. No less than $ 2, 000, 000 per accident for bodily injury and property damage; and ( 3) Workers' Compensation: Workers' Compensation limits as required by the Labor Code of the State of California with Statutory Limits; (4) Employer's Liability: Employer's Liability limits of no less than $2, 000,000 per accident for bodily injury or disease. Employer' s Liability coverage may be waived by the City if City receives written verification that Contractor has no employees.

If the Contractor maintains broader coverage and/ or higher limits than the minimum shown in this subdivision 3. 2. 10. 2, the City requires and shall be entitled to the broader coverage and/ or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

3.2. 10. 3 Professional Libilit Errors & Omissions). Contractor shall procure and maintain, and require its sub -Contractors to procure and maintain, for a period of five ( 5) years following completion of the Services or the Project, errors and omissions liability insurance appropriate to its profession. Such insurance shall be in an amount not less than $ 2, 000, 000 per occurrence or claim and $ 2, 000, 000 in the aggregate, and shall be endorsed to include contractual liability. If the Contractor maintains broader coverage and/ or higher limits than the minimum shown in this subdivision 3. 2. 10. 3, the City requires and shall be entitled to the broader coverage and/ or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

3. 2. 10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:

A) Additional Insured Status. The Commercial General
Liability policy shall be endorsed to state that: ( 1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to liability arising from the work, Services, Project or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work, Services. Project or operations; and ( 2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if 5 excess, shall stand in an unbroken chain of coverage excess of the Contractor' s scheduled underlying coverage. Commercial General Liability insurance coverage may be provided in the form of an endorsement to the Contractor' s insurance ( at lease as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33 or CG 20 38; and CG 20 37 forms if later revisions are used).

B) Waiver of Subrogatloh. Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under said insurance policies set forth herein. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

C) AJI Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: ( A) coverage shall not be suspended, voided, reduced or canceled except with written notice by certified mail, return receipt requested to the City; and ( B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers.

3. 2. 10. 5 Frimary Coverage. For any claims related to this Agreement, the Contractor' s insurance coverage shall be primary insurance and primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, its directors, officials, officers, employees, agents and volunteers. Any insurance or self-insurance maintained b,,,,,, the Cit,, its directors- officials- officers. e be excess of the Contractor' s insurance and shall not be called upon to contribute with it in any way.

3. 2. 10. 6 Separaon of Insureft No Special Limitationg. All insurance required by this Section shall contain standard separation of insureds provisions.

In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors officials, officers, employees, agents and volunteers.

3. 2. 10. 7 Peductibles arid Se[Nnsurance Retenfions. Any deductibles or self -insured retentions must be declared to and approved by the City. City may require Contractor to provide proof of ability to pay losses and related investigations, claim administration and defense expenses and costs within the retention. The policy language shall provide or be endorsed to provide that the self -insured retention may be satisfied by either the named insured or City.

3. 2. 10. 8 Acceplabililypf Insurers. Insurance is to be placed wig insurers with a current A. M. Best' s rating no less than A:VII, authorized to do business i California, and satisfactory to the City. I

herein, may be authorized as described below, and if authorized, shall be compensated at the rates and manner set forth in this Agreement.

3. 3. 2 Eft agnt of oMpensafion. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided cince the initial commencement date, or since the start of the subsequent billing periods, as 2ppropriate, through the date of the statement. City shall, within thirty ( 30) days of receiving cuch statement, review the statement and pay all approved charges thereon.

Reimbursementf6r Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3. 3. 4 Egr@ Nork. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, " Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from the City Manager.

3. 3. 5 Liguldated Damages. The Contractor shall respond to all emergency service calls in a timely manner. in the event the City observes the Contractor' s inability to meet its commitments made in relation to the Services, certain damages will incur and shall apply to payments due to the Contractor. The total amount of liquidated damages will be totaled and deducted from the monthly invoice payment. The Contractor shall not be subject to liquidated damages for any occurrences beyond its control, including but not limited to declared or undeclared war, sabotage, insurrection, riot or other acts of civil disobedience, labor disputes, fires, explosions, floods, earthquakes or other acts of God.

Failure to provide preventative maintenance at any given location once every month* 500 per instance.

Repetitive calls for service at a single location for the same problem resulting from the same issue within a two ( 2) week period: $ 500 per repeated call.

Failure to respond to after hour calls for unscheduled or emergency work Work"): i
Call responded to, technician reports to location 2 to 3 hours after notification:
1, 000.

Call responded to, technician reports to location 3 to 4 hours after notification:
2, 500.
0 Treasury Circular 570, and the bond provided must not exceed the surety' s bonding limitations as set forth in Circular 570.

3. 4. 5 No modifications or alterations made in the work to be performed under the Agreement or the time of performance shall operate to release any surety from liability on any bond required to be given herein. The surety shall waive notice of such events.

3. 4. 6 The Notice to Proceed will not be issued until the aforesaid bond been received and approved by City. City' s decision as to the acceptability of all suretiaevsea bond is final. No substitution of the form of the documents will be permitted without the prio written coo fnsent City. I 3.

4. 7 Contractor' sfailure to obtain, pay for, or maintain any required insurance or bonds shall constitute a material breach upon which City may immediately terminate or or part of the premiums. Upon demand, Contractor shall repay City all monies City has paid to obtain or renew the insurance, or City may offset the cost of the premium against any monies due Contractor from City. MWU15 LALVA q0 L-1 V MUMMA
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effective date of such termination. Contractor may only terminate this Agreement for cause upon giving the City not less than seven ( 7) calendar days' written notice.

Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. The City shall within fifteen ( 15) calendar days following termination pay the Contractor for all services adequately rendered and all reimbursable costs incurred by Contractor up to the date of termination, in accordance with the payment provisions of this Agreement.

The following reasons shall constitute " cause" for which either party may terminate this Agreement as provided herein:

Substantial failure by the other party to perform in accordance with the terms of this Agreement and through no fault of the terminating party; Assignment of this Agreement or transfer of the Project by either party to any other entity without the prior written consent of the other party; Suspension of the Project or the Contractor' s Services by the City for more than ninety ( 90) calendar days, consecutive or in the aggregate, without good cause; Material changes in the conditions under which this Agreement was entered into, the Scope of Services or the nature of the Project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes.

3. 6. 1. 2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such Documents and Data and other information within fifteen ( 15) days of the City' s request.

3. 6. 1. 3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3. 6. 2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
r
Crosstown Electrical and Data, Inc.
5454 Diaz Street
Irwindale, CA 91706
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Phone: ( 951) 738- 1444
Fax: ( 626) 962- 2521
Attn: Jerry Davis, Vice President and Director of Operations City of Downey
11111 Brookshire Avenue
Downey, California 90241
Phone: ( 562) 904- 7102
Fax: ( 562) 904- 7296
Attn: Delfino R. Consunji, P. E., Director of PublicWorl City of Downey
City Attorney' s P oo
t fficeIc
11111 Brkshire Aven
Do • j
Such notice shall be deemed made when personally delivered or when mailed, fortyeight (48) hours after deposit in the U. S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. a
A 21161MY Kim

3. 6. 3. 1 Documents & Data, Licensibg of Intellectual Proo ertv. This Agreement creates a non- exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (" Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City' s sole risk.

3. 6. 3. 2 Confidentialfty. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Contractor in 12 connection with the performance of this Agreement shall be held confidential by Contractor.

Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential.

Contractor shall not use City' s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3. 6. 4 C000erationd Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3. 6. 5 Attorneys Fees. In the event of any litigation, whether in a court of law, administrative hearing, arbitration, or otherwise, arising from or related to this Agreement of the services provided under this Agreement, the prevailing party shall be entitled to recover from the non -prevailing party all reasonable costs incurred, including staff time, court costs, attorneys' fees and all other related expenses in such litigation.

3. 6. 6 Indemnification.

3. 6. 6. 1 General Indemnification. Except as provided in subdivision

3. 6. 6. 2 below which is applicable to "design professionals" only, Contractor shall defend ( with counsel acceptable to City), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, errors, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, Contractors and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses. The Contractor' s duty to indemnify shall extend to any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity that Contractor and/ or its personnel are employees of the City, have been misclassified as an independent contractors, or failed to pay any or all necessary state or federal withholdings and/ or taxes. Contractor shall defend, at Contractor' s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/ or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its 13 3. 6. 10 City's Right to Employ Other Contractors. City reserves right to employ r0her Contractors in connection with this Project.

3. 6. 11 Succeg§pMAgdAqg1M. This Agreement shall be binding on the r.uccessors and assigns of the parties.

3. 6. 12AssignmentorTrahsfer. Neither party shall assign, hypothecate, or transfer, either direcFly or by operation of law, this Agreement or any interest herein witho the prior written consent of the other party. Any attempt to do so shall be null and void, a any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. I

3. 6. 14 Amendment: Modification,. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 11 Lq KOJ E I I IM- I A•0J aA9,14141- M, - M61, 1190101 INMO -
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3. 6. 16 No Third Pa[! y Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3. 6. 17 InnIldily; Severabilfty. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remain! provisions shall continue in full force and effect. I

3. 6. 18 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide zmployee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift ir other consideration contingent upon or resulting from the award or making of this 15 1_%A greement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3. 6. 19 Egual Oppoduhily Emplqyffleht. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non- discri mi nation shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of any City Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3. 6.20 Labor Cerfification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker' s Compensation or to undertake selfinsurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

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3. 6.22 Countergarls. -This Agreement may be executed in counterparts, each of which shall constitute one and the same instrument.

3. 6. 23 Effect of Conflict.

In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, any of its exhibits, attachments, purchase order, or notice to proceed, the provisions of this Agreement will govern and control.

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City Attorney
0119. 123859
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EXHIBIT " A"
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And Fiber Optic Communications Maintenance Services
Issued: September 18, 2017
lsz
Mr. Edwin Norris, P. E., T.E.
1,:,Xlyty liractirif PYYIia-V1* rks
City of Downey
11111 Brookshire Avenue
Downey, CA 90241
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4114
Eleciricai s Data, Inc.

W - - 1 . A A 1 11,1111- 11 ' 11iiii iiii, A
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I Ilexeiel LVA I LVA 1, 110 1 Of -All I Lei 0 RLY1 ITI 1011 IQ Q, F-11 0SOMMMIT01 V Crosstown Electrical and Data Inc. (" Crosstown") is pleased to submit this proposal in response to the City of Downey's Request for Proposal No. 17- 005 dated September 18, 2017 and Revised Attachment " B" dated October 3, 2017.

Crosstown is a Southern California based Electrical & General Contractor specializing in Traffi Signal Maintenance, installation of Electrical and ITS Infrastructure, fiber optics, copper, wireless, communications, closed circuit television systems, traffic signal installations and modifications. Crosstown recently acquired Computer Service Company (CSC) which has been in the Traffic Signal Maintenance business for over 40 years. With CSC' s personnel staying in place, that can provide top quality traffic signal maintenance services as well as provide any and all necessary traffic signal related construction should the need arise.

Crosstown' s Traffic Signal Maintenance division currently employs professional IMSA certified traffi* signal/ street light electricians and an operational staff consisting of dispatchers, billing specialists, customer service representatives, purchasing agent, and management team. Crosstown intends to use in- house personnel and equipment required to service the City of Downey's traffic signal systems outlined in the Scope of Work.

Our firm is very confident that we can provide superior service and meet all of the requirements set forth in this request for proposals. Thank you for your time and consideration and we look forward to working with the city of Downey.

MA u
a ermiance esident
5454 Diaz St.

Irwindale, CA 91706
Phone: ( 626) 813-6693
Email: dave@gMssWwnd4W. com
P a - C 11

City of Downey
Request for Proposals No. 17- 005 for Traffic Signal, Flashing Beacon And Fiber Optic Communications Maintenance Services E c r c—al I Data, Inc,_ Issued: September 18, 2017
Crosstown Electrical & Data, Inc. was incorporated in 1998 and has been providing Electrical, ITS and traffic signal services successfully for the past 22 years and we are proud to now offer a Traffic Signal Maintenance Division with the acquisition of the former Computer Services Company that has been continuously providing Traffic Signal Maintenance services over the past 40 years.

Our firm is financially strong and bondable and we have an excellent reputation for providing quality service to various cities and government agencies throughout Southern California. We currently have 128 employees with the qualified staff necessary to perform the tasks and services required of this request for proposal. 0 0 9 1 do M I I ISM Is I I
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all of our technicians obtaining advanced certification through in house training and participation in IMSA certification courses. The specialized experience and professional competence of Crosstown' s personnel identified as part of this RFP is reflected in the personnel section of this response.

Crosstown is currently implementing a comprehensive PC, Web -based Maintenance the Traffic Signal industryformanyyears. The MMSwill include intersections, assets, repair/ replacement parts, service/ emergency calls, web based reporting, Graphical Us Interface( GUI).
a I I I L81 I 11 N 0 owd V-41W I

Page 31 ends

City ofDowney
Request for Proposals No. 17- 005 for Traffic Signal, Flashing Beacon And Fiber Optic Communications Maintenance Services Ffectric'.61 kat n, Inc, Issued: September 18, 2017
Company Name: Crosstown Electrical & D. Inc.

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Project Contact:
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EST aST-a-0r7r, V, T-TIT-1TL MW11 VPM_
711
Jerry Davis: Senior Operations Manager
951) 738- 1444
951) 260- 3694
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W&9 nM.GM.

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Crosstown will maintain adequate level of labor resources as required by the Scope of Work. The designated manager will have full involvement of the work effort and conversant in its details on a day-to- day basis. The following key personnel and support team will be associated with the fulfillment of this Scope of Work and performance of specified tasks.

11. Galt Grotke — Maintenance Technician / IMSA Field Technician Level III: Galt came to us from the United States Air Force with an extensive electrical background. He is a level 11 IMSA technician and has five years of experience as a technician. He also performs State Certification Testing on Traffic Signal Controller Assemblies. Galt is responsible for running Crosstown' s bench repair, as well as doing our Conflict Monitor Testing. Mr. Grotke is also IMSA Work safety certified, has up to date training on Econolite controller and software, as well as McCain 2070 controller and software training, has taken Iteris VDS training courses and is Bucket truck certified. 1111. Michael Lundin- Maintenance ElectricianCertified / IMSA Field Electrician Level III: Michael has an Associate Degree in Electronics Technology and has his Level III IMSA Field certification. He has over 25 years of experience as a certified technician. Mr. Linden is also IMSA Work safety certified, has up to date training on Econolite controller and software, as well as McCain 2070 controller and software training, has taken Iteris VDS training courses and is Bucket truck certified. He began working in the traffic signal maintenance field in 1985 and has worked for the cities of Concord, CA and

Page 41 ends

City of Downey
Request IT - for Proposals No. 17- 005 for Traffic Signal, Flashing Beacon And Fiber Optic Communications Maintenance Services Electrical [ Data, Inc.

Issued: September 18, 2017
Everett, WA as well as for Gray Electric Company and Cal Signal Corp. for Traffic Signal Maintenance. Most recently before coming to us he had worked with the City of Long Beach, CA from Oct 2018 to Apr 2019 and the City of Burlingame, CA Apr 2010 to Oct 2018 as a traffic signal maintenance tec, f icia-F.
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1. David Heerimance, President - Mr. Heermance is the President and CEO of Crosstown Electrical & Data, Inc. which has been providing Electrical and communication services since 1998. He holds a General Construction Class A license as well as an Electrical Class C- 10 License and has led Crosstown to experience continual growth and success each year. Mr. Heermance brings over 40 years of overall experience in the installation, operation, maintenance and management of electronic equipment, communications, traffic signals and fiber optic systems to his team. He has in- depth knowledge and understanding of data communications, fiber optics, video, and their application to traffic signals and Intelligent Transportation Systems. Furthermore, Mr. Heermance has developed exceptional management skills in relation to construction and maintenance and ensures that each project is completed successfully and with a satisfied customer. 1111. Jerry Davis — Senior Traffic Signal Maintenance Operations Manager: As Senior Operations Manager Jerry is also the Contact Compliant Manager for this contract. He is responsible for providing strong strategic leadership for the company by working with other management staff and ownership to establish longrange goals, strategies, plans and policies. As well as plan, develop, organize, implement, direct and evaluate the organization' s fiscal function and performance, Jerry works closely with our entire team as well as our clients. He is responsible for the day-to-day direction, oversight and quality control of and delivery of service on this contract. Jerry has over 35 years of experience in traffic signal construction, maintenance and service operations, many of those years have been spent in high profile leadership roles. Jerry worked many of his years in this industry as an IBEW Union journeymen electrician, foreman, and general foremen and as a Project Engineer for Steiny & Co. Jerry came to CSC in early 2013 to oversee all aspects of the company' s operations and now manages all Traffic Signal Maintenance operations at Crosstown. He is an active IMSA Member and holds his IMSA Work Zone Safety, Level I and Level 11 Traffic Signal Field Technician Certcations.

Chris Zell
1938 E. Katella Avenue
Orange, CA 92867

Page 51 ends

City of Downey
Request for Proposals No. 17- 005 for Traffic Signal, Flashing Beacon And Fiber Optic Communications Maintenance Services ( AA6 Issued: September 18, 2017
Tarry Seadd Bryan Hood
General Foreman foreman Spiker Network Engineer
P&MAM
G
Journeyman Electrician
Foreman
Splicer
Foreman
a + Foreman, 6 r Journeyman Fiber
Journeyman, Laborer,
Optic Technicians
and Operating Ei ineers
r
m .

JO+ Foreman,
Journeyman and
Network Engineers
IMSA Field Electrician
Level III
sksagnww
IMSA Field Technician
Level I
Calvin FJansen
Project Manager
Michael Lundin
IMSA Field Electrician
Level III
Gradw
IMSA Field Technician
Level II
IS += Foreman,
Journeyman, Laborers
and Qperating Engineers
ANUA Sate
IMSA Field Electrician
Level III
City of Downey
Request for Proposals No. 17- 005 for Traffic Signal, Flashing Beacon And Fiber Optic Communications Maintenance Services Electric 1<' Datn, Inc.

Issued: September 18, 2017
City of Monterey Park
320 W. Newmark Avenue
Monterey Park, CA 91754
626) 307- 1330
ralfonso@montereypark ca. gov
City of Mission Viejo
Brett Caned. Transportation Analyst
200 Civic Center
Mission Viejo, CA 92691
949) 470- 8422
edy@cityofmissionviejo. org
City of Laguna Hills
24035 El Toro Road
Laguna Hills, CA 92653
949) 707- 2655
kronsenfield@ci. laguna- hills. ca. us
Past Contract Agencies
City of Laguna Niguel
EI,pr A!?i
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
949) 362- 4338
eabrencia@cityoflagunaniguel. org
City of Covina
layiI Gifteer 125
East College Street Covina,
CA 91723 626)
384- 5491 dgilbertson@covinaca.
gov City
of Huntington Park Michael
Ackerman, City Engineer 6542
Miles Avenue Huntington
Park, CA 90255 323)
584- 6253 mackerman@hpca.
gov Page
71 6
a . 3/
1/ 17 10/
11/ 15 7/
1/ 14 9117KII
95- Nuffm End
Contract Reason 10/
31/ 16 Out to Bid K171M

City ofDowney
Request for Proposals No. 17- 005 for Traffic Signal, Flashing Beacon And
Issued:

Fiber
September
Optic Communications
18, 2017
Maintenance Services m
Crosstown maintains a quality assurance program for quality control and identification of continual service improvement opportunities. Methods include the review for accuracy of all service reports and invoices, periodic independent site evaluation and review sessions with assigned personal.
apapaw
7Xere is AiiAeg? tiveXist" ttreX,rtXwitX resAect2lleN- 1 sigAific?-At A1rii& tr* A- S,tiAg c* At1;2ct failures, civil or criminal litigation or pending investigation involving Crosstown. service that provides value through care and accountability to delivery of quality Work. As a result, technicians consider each City, "their City" and its care a source of personal pride. This is evidenced by the longevity of Crosstown and former CSC in the Traffic Signal System maintenance industry and the quality Work provided to our customers.

Crosstown maintains a " C- 1 0" / " A" license. Crosstown and all its subcontractors will obtain and pay for all permits and licenses as required underthis contract.

CnTRACTORS
a3 ' STAfE LICENSE BOARD
ACIIVt UCENSE 4
756309

CROSSTOWN ELECTRICAL& DATA
ILIC ,
C 10 A
11/ 3012022 www. c-sib, ca, gov alu, 4

Page 111 ends

City of Downey
Request
Se
1 1for Traffic Signal, Flashing Beacon
Fiber Optic Communications Maintenance Services
0 cApkl
ATTACHMENT'® "
i
r - r, •
i.. ventative maintenanceof
Routine preventative maintenance of
flashing beacons per location per month
6, 715. 00
safety lighting per intersection
Y •
QUANTITY50
Replace10 Replacement of inoperable internally
illuminated street name si
traffic signal• r'- •- 24 or
15, 500. 00 r 31, 000. 00
Replace' iium traffic signal r• sReplace•. pole( Type or 1'
5, 250. 00 1 11 1' 1'
lead- inR
of standard loop detector with
Type " E" 6' diameter traffic loop, including
and cable splicing with hot -
melt I EA . 11$ 4, 750. 00
Replace pedestrian pushbu•. • •.... :
11 rl
19 ITEM CONTRACT ITEM ESTMATED UNIT UNIT TOTAL
O. DESCRIPTION QUANTITY TYPE PRICE PRICE

14. Replacement of lamp assembly LED Type I
module Red, Yellow, Green Arrow 10 EA 90. 00 900. 00
Replacement Walkman/ Hand ( countdown

15. and non -countdown) pedestrian LED signal
to include LED module 10 EA 345. 00 3, 450. 00

16. Replacement of Pedestrian LED Module 10 EA 315. 00 3, 150. 00 17 New P. P. B. symbol sign current per State
standard 10 EA 20. 00 200. 00
18 Replace pedestrian pushbutton assembly
ADA- compliant) 10 EA 95. 00 950. 00
19 Painting of each pedestrian head and
w ..

Framework 150 EA 65. 00 9, 750. 00
20 Painting of vehicle signal head., backplate
and framework 500 EA 75. 00 37, 500. 00
21 Painting of pedestrian button including 150 EA 30. 00 4, 500. 00 Framework
Painting of traffic signal controller cabinet

22. including Type II or III electric service
cabinet per signalized intersection 5 EA 640. 00 3, 200. 00 Complete testing of new traffic signal
23, controller cabinet including all internal
equipment & written certification 2 EA 950. 00 1, 900. 00

24. Annual Conflict Monitoring Testing 110 EA 60. 00 6, 600 00

25. Underground Service Alert ( USA) 25 EA 165. 001 4, 125 00 Extraordinary Work Total Item Nos. 5 throe Jh 22
I'll,
191, 025 00
Operations Superintendent ( Per Hour -
Straight time) HR 100. 00 100. 00
27 Operations Superintendent ( Per HourO rtme) HR 100. 00 100. 00

28. Operations O er Superintendent ( Per HourDouble time)* HR 100. 00 100. 00 29 Engineering Technician ( Per Hour -Straight
time HR 95. 00 95. 00
Engineering Technician (Per Hour -
Overtime) HR 95. 00 95. 00

31. Engineering Technician ( Per Hour -Double
time)* HR 95. 00 95. 00

32. Crew Leader (Per Hour -Straight time) HR 90. 00 90. 00

33. Crew Leader ( Per Hour -Overtime) HR 126. 00 126. 00 Crew Leader ( Per Hour -Double time) HR 162. 00 162. 00

35. Traffic Signal Technician -Field ( Per Hour- HR 85. 00 85. 00 Straight time)
3 Traffic Signal Technician -Field ( Per Hour- HR 119. 00 119. 00

37. Overtime)
Traffic Signal Technician - Field ( Per Hour- HR 153. 00 153. 00 Double time)*

CONTRACT ITEM ESTMATED UNIT

DESCRIPTION QUANTITY PRICE
Traffic Signal Technician- Laboratory
Per Hour -Straight time) 95. 00 95. 00
Traffic Signal Technician- Laboratory
Traffic Signal Person ( Per Hour -Straight $
Traffic Signal Person ( Per Hour -Overtime) fiqm f'1' 9. dd Traffic Signal Person ( Per Hour -Double 153. 00 153. 00 Traffic Signal Laborer ( Per Hour -Straight kob 80. 00
time
Traffic Signal Laborer ( Per Hour -Overtime)
Traffic Signal Laborer ( Per Hour -Double
Personnel Vehicle 10. 00
Pick- up Truck

25. TT
ry, Work
GRAND TOTAL " A" AND $ 271, 605. 00
Material Mark- up Rate: 15%
1 The quantities listed in the above Bid Form are estimates shown for bid comparison only.

Payment will be made at the Contract Unit Price for the actual quantities constructed or completed, based upon field measurements where appropriated. The City does not, expressly or by implication, agree that the actual amount of work will correspond therewith, and reserves the right to increase or decrease the amount of any class or portion of the work, or to omit portions of the work, as may be deemed necessary or advisable by the City Traffic Engineer. In case of variation between the unit cost and amount shown by bidder, the unit cost will be considered to be tis/ Wer bid.
4 This bond was issued in two ( 2'
original counterparts
FINAL CONTRACT AMOUNT ATTACHMENT " C"
Bond No. 766546

PERFORMANCE BOND
Premium: $ 2, 612.. 1
Annual Maintenance Services for
Citywide Traffic Signal, Flashing Beacon and Fiberoptic Communications Maintenanc WHEREAS the City ofDowney, California ("City"), has awarded/" Contraof1iu (" for the Traffic Signal, Flashing Beacon and Fiberoptic Communications Maintenance Services. WHEREAS, Principal iSrequired under the terms Qfthe Contract { ofurnish abond for the faithful performance ofthe Contract. NOW, THEREFORE, we, the undersignedPhmi | and duly admitted surety insurer under the laws
of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Two Hundred Seventy - One Thousand Six Hundred Five and 00/100 _ Dollars 271,605. 00 J, this amount being not less than the total Contract price, inlawful money ofthe United States of America, for the payment of which sum well and truly to be m@dg, we hind ourselves, our heirs, *xoouhuno, administrators, uunneomonn. and 8mSignS' jointly and severally, firmly by these presents. THE CONDITION

OF THIS OBLIGATION IS
SUCH THAT, ifthe hereby bounded Prinu| mal, or his/ her h3i0, exeoUtorS, administrators, successors or assigns, shall in all things stand toand abide by, and well and truly keep and perform all the undertakings, tennS' covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on the Principal' s part to be kept and p* rfonned, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless the City, its officers, agents, and others as therein provided, then this obligation Sh8U b8CO0g null and void; otherwise, it shall be and remain infull force and In case suit is brought upon this bond, Surety further agrees as part of the obligation secured hereby and in addition to the face 8mQurd specified therefore, there shall be included costs and reasonable expenses and fees, including reeunnable8ttO[ Oev'sfees, incurred by theCityinsuccessfully enforcing such obligation, all tobe treated ascost and included in any resolution. FURTHER, the Surety, for value received, hereby stipulates and agrees that nochange, extension oftime, alteration, addition or modification to the terms of the Contract, or of the work to beperformed thereunder, orthe Specifications for the same, shall inany way affect its QbUg8UOnS under this bond, and it dO8S hereby waive notice of any such change, extension of time, IN WITNESS WHEREOF, two ( 2) identical counterparts of this instrument, each of which shall for all purposes be deemed n original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative( s) pursuant to 2uthority of its governing body.

March 26th, 2021
M01TOM.

Crosstown Electrical & Data, Inc.

Its
IM sm
IBM
777 South Figueroa Street, Suite 3900
Los
Dwight Reilly Its Attorney -in -Fact
Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. 0 A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validitv of that document.

State of California
County of
On 3/ 26/ 2021 before me, Melissa Ann Vaccaro, Notary Public insert name and title of the officer)
personally appeared Dwight Reilly
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/their authorized capacity( ies), and that by his/ her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

ME-LISSA ANN VACCARO
WITNESS my hand and official seal, COMM. # 2241394
Notary Public -California

ORANGE COUNTY IL
cf: lnm. Expires 1` 0 yyV, 202212,
Signature' ( Seal)
x x .

FIDELITYNAMi,

POWER OF
KNOW ALL MEN •' Y T14ESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY i, SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY r DEPOSIT COMPANY OF MARYLAND - e
D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof_ hereby certified to be in full force and effect on the date hereof, hereby` constitute, and appoint Daniel HUCKABAY, Dwight REILLY, Arturo AYALA, Shannon ROZELLE OSTROM, Frank MORONES, Ben STONG, Michael D. STONG . and R. NAPPI, all of Orange, California, EACH its true and lawful agent and Aftorney- m- Fact, to make, execute, sea] r deliver, for, and on its behalf as surety, and as its act and deed:
undertakings in pursuance of these presents, shall be as binding upon f Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly, elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected offipers of the COLONIAL AMERICAN CASUALTY i SURETY COMPANY at its office in Owings Mills, Maryland., w the regularly elected officers of the FIDELITYDEPOSIT MARYLAND at its office in Owings
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section S, of the By -Laws of said Companies, and is now in force,
qia { Bqy
rel
arm
a*
By: Robert D. Murray
Vice President
By: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore

ZURICH AMERICAN INSURANCE COMPANY
On this 15th day of January, A D, 2020, before the subscriber, a Notary Public of the State of Maryland, duly coin missioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/ she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations,
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written„ ao A 10,
e ,, ,
1 y i N '
y
e
on> f Constance A, Dunn, Notary Public
My Commission Expires: July 9, 2023
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 Moar" Pillizillayj WTY 11mmullwagmull
State of C ifornia
County ofroz)
0n -? M (jyr4l 2q. 2 C, 1),( before me, \ L-A - Z__f, y)qn 4yyvfo Na4nm Pa Date
I
Here Insert Name and Title'& the Officer
personally appeared Dom R deermnyim
Almnim/ gI
J to me on tho basis of
I certify under PENALTY OF PERJURY under the laws
if the State of California that the foregoing paragraph is true and correct.

L:6-mmfim Tmmmmim mmm,
Signature 21,
Place Notary Seal Above

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. 674 MM, T I =I. r I =L, TIM, I DTOT9 n 1-1r-TIT1
Title or Type of Document:

Document Date: Number of Pages:

Signer( s) Other Than Named Above:

Capacity( ies) Claimed by Signer( s)
Signer' s Name:
0 Corporate Officer — Title( s):
0 Partner — El Limited El General
0 Individual 0 Attorney in Fact
0 Trustee El Guardian or Conservator
0 Other:

Signer Is Representing:

Signer' s Name: . ... ..... .
0 Corporate Officer — Title( s),i
El Partner — El Limited 0 General
0 Individual El Attorney in Fact
0 Trustee El Guardian or Conservator
0 Other:

Signer Is Representing:

NOW " a Offilw- 11110 an a . to Rill M4
A4C" Rff CERTIFICATE OF LIABILITY INSURANCE

DATE ( MMMDIYYYY)
11 03/ 26/ 2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy( les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsomnt s.

PRODUCER CONTAC LICENSE NO. 0637431 NAMO•
T

PATRICK MCRAE
PATRICK MCRAE INSURANCE SERVICES PHONE 714) 779-6999 10J71 79- 6903 1265 N. MANASSERO ST. SUITE 303 MAIL
AQDRgM. certrequest@mcraeinsu rance. insure
ANAHEIM HILLS, CA 92807 INSURERIS) AFFORDING COVERAGE NAIL IfINSURIERA: NAVIGATORS SPECIALTY INSURANCE CO, 36056 INSURED INSURER B: INSURANCE COMPANY OFTHE WEST 27847 CROSSTOWN ELECTRICAL & DATA, INC. INSURER
C: INTEGON NATIONAL INSURANCE COMPANN 29742 INSURER
D: ATLANTIC SPECIALTY INSURANCE COMPAN 27154 5454
DIAZ STREET INSURER E: GREAT AMERICANINSURANCE CO. 116691 IRWINDALE CA 91706 INSURER F:

I COVERAGES CERTIFICATE
NUMBER: REVISION NUMBER: THIS IS
TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING

ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY

BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. QN—SR — -_ ADD sU POLICY EFF POLICY EXP LTR TYPE
OF INSURANCE JNSD . POLICY NUMBER JR02Lrm - MMI- 00=1LIMITS A X
COMMERCIAL GENERAL LIABILITY X X LA20CGLZ04TPM 09/ 03/ 2020 09/03/2021 EACH OCCURRENCE $ 1,000, 000 6__01— f6' R_NT` EU_ CLAIMS -MADE
1x:1 DEDUCTIBLE $5, 000 PER OCCUR OCCURENCEPREMISES (
Ea
Eoccurrence).—, $ 100,
000

XCU MED EXP (
Any one person) $ 5,000 k- - 6- cp
PERSONAL & ADV INJURY S 1,000, 000 GEN' L AGGREGATE
LIMIT APPLIES PER: GENERAL AGGREGATE $ 2, 000,000 RO- POLICY EP XI
JECT LOC PRODUCTS - COMP/ OP AGG S 2,000, 000 OTHER: EBL $ 11000000 C

AUTOMOBILE LIABILITY X
X 2005675448 11/ 05/ 202011/ 05/ 2021 COMBINED SINGLE LIM IT $ 1,000, 000 fka accident) X ANY AUTO BODILY INJURY ( Per person) $ - ALL OWSCHED AUTOS NED
fX AUTOSULED BODILY

INJURY (
Per accident) $ X NON -OWNED PROPERTY DAMAGE
HIRED AUTOS AUTOS $ E UMBRELLA

LIAR X OCCUR
TUE 2572052 02 06/ 0312020 06/03/2021 EACH OCCURRENCE $ 10, 000, 000 EXCESS LIAB UNDERLYING LIMITS: I CLAIMS- MMADADE GL; AL; EL POLICIES AGGREGATE $ 10, 000, 000X DIED RETENTION$ 0 Is -
13 WORKERS COMPENSATION x WVE
5030354- 05 0610312020, 06/ 03/2021 1 OT H- 1 AND EMPLOYERS' LIABILITY YIN AISTATUTE L_1 I= ANY
PROPRIETOR/ PARTNER/ EXECUTIVE E.

L. EACH ACCIDENT is 1, 000, 000 OFFICER/ MEMBER EXCLUDED? NIA Mandatory In NH) E. L.

DISEASE - EA EMPLOYEE $ 1, 000, 000 Ify' s, describe under DfiCRIPTION OFOPERATIONSbelow E. L. DISEASE -
POLICY LIMITS 1, 000, 000 D PROPERTY & CONTRACTORS 3941 1,000 DEDUCTIBLE EQUIPMENT COV. INCL.
2020, THEFT 105/10/
05/ 10/2021 DESCRIPTION OF OPEMTIONSILOCATIONS I VEHICLES rCORD1101 Additional Remarks Schedule m be attached Ifmore scalste Irod C THE CITY OF DOWNEY, ALONG CERS, OFFICIALS, AGENTS, EMPLMIA AND VOLUNTMERS, W! AR NAMED AS ADDITIONAL INSURED WITH RESPECTS TO THE ABOVE MENTIONED POLICIES PER ATTACHED ENDORSEMENT( S). COVERAGE IS PRIMARY & NONCONTRIBUTORY AS REQUIRED BY WRITTEN CONTRACT, PER ATTACHED ENDORSEMENT FORMS. WAIVER OF SUBROGATION APPLIES, IF REQUIRED BY WRITTEN CONTRACT. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, A30 DAY WRITTEN NOTICE WILL BE ISSUED. RE: PROJECT: TRAFFIC SIGNAL, FLASHING BEACON 7 FIBER- OPTIC COMMUNICATION MAINTENANCE SERVICES, PROJECT NO.: 17-005, LOCATION: CITY OF DOWNEY, JOB NO.: 4350 CERTIFIC" E HOLDER CANtkLLAT] ION ShOiLD

AAT OF THE ABOVE DESCRIBED
POLICIES BE CANCELLED BEFORE 11111 BROOKSHIRE AVE. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. DOWNEY, 1988- 2014 ACORD CA. 90241 AUTHORIZED REPRESENTATIVE C
CORPORATION. All
rights reserved. ACORD 25 (2014/01) The ACORD
name and logo are registered marks of ACORD

COMMERCIAL
CG f 37 1
it •• f • '•' i i' • i .'

SCHEDULE
Name Of Additional Insured PePerson( s)
r Organization(s) Location Andcri i It eris
Any person or organization for whom you are
performing " commercial construction" during the period of this policy and have agreed in a written contract to add as an additional insured for products -completed
operations. " Commercial construction" does not
include any hbitationl or residential construction
other than hotels or apartments.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

I ' i •': .. i • i :: ' i i! •, ' is

1. The insurance afforded to such additional
insured only i• ` to the extent permitted by
i
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
B. With respect i the insurance afforded to these
additional '•: following added is
SectionOf
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of additional `• is the
amountof .'

1. Required by
s
the contractor agreement; or
Available under the applicable Limits of
Insurance i
whichever is less.

This endorsement shall not increase the applicable
Limits of Insurance shownDeclarations.

CG 20 37 04 13 © Insurance Services Office,
ZE-096
CG 21 37 04 13 @ Insurance Services • Inc., 2012 Page 2 ofE CG 20 01 04 13
I' M1TIMMIM, INMMM71= 10100-ITEMM, 1

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance ( 2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be primary contrary: and would not seek contribution from any other Primary And Noncontributory Insurance insurance available to the additional insured.

This insurance is • to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
1) The additional insured is a Named Insured
under such • insurance; and
CG 20 11 04 13 @ Insurance Services Office, Inc., 2012 Page I •;

COMMERCIAL GENERAL LIABILITY
CG I 10 I
191111111--rlror= zum=
ilarne Of Additional Insur• 1 a
Or Organization( s) Location(s) Of Covered Ope ations
Any person or organization for whom you are
performing operations during the policy period when
you and such person or organization have agreed in
writing in a contract or agreement that such person or
policy; and any other person or organization you are
required to add as an additional insur- f under
contract or agreement described above.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section 11 - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person( s) •' additional insureds, the following additional organization( s) shown in the Schedule, but only exclusions apply:
with respect to liability for "bodily injury", " property This insurance does not apply to " bodily injury" or damage" or " personal and advertising injury" property damage" occurring after:
caused, in whole or in part, by:

1. Your acts or omissions; or
I . All work, including materials, parts or equipment
furnished in connection with such work, on the

2. -' acts or omissions of those•. on yourproject other than service, maintenance or behalf; repairs) to be performed by or on behalf of the in the performance of your ongoing operations for additional insured( s) at the location of the covered the additional insured( s) at the location( s) operations has been completed; or designated above. 2. That portion of "youroa • '.: of '. injury damage arises has been put to its intended use
However: by any person or organization other than another

1. The insurance afforded to such additional contractor or subcontractor engaged in performing insuredor onlyapplies • the extent permitted by operations for .: principal .: part •,. the same it
coverage provided • the additionalinsured is
required by a contract or agreement, the
10 04Office, 2012r'-
will not be broader than that which yo
eqed by oogu are ruirthe cntract•
r areement
to provide for such additional insured.

IC. With respect to the
insurance afforded to these 2. Available under the applicable Limits ofInsurance additional insureds, the following is added to shown inthe Declarations; Section III - Limits Of Insurance:
whichever is less. If coverage provided to the
additional insured is This endorsement shall not increase the applicable required byacontract or agreement, the most we Limits of Insurance shown in the Declarations. will pay on behalf of the additional insured is the amount ofinsurance: R= • CG 21 10 14
13 @ Insurance Services Office, Inc., 2012 Page 2WE
F " 014VAIMIMM-1 "; W-1114-116MOXIMM10 CG 24 04 05 09

WAIVER OF TRANSFER OF RIGHTS OF REGOVERY

AGAINST OTHERS TO US
I N No] 1191" M16161 AA 1 : 114 Q I M DX* J N q U-1 111 Lai 04 6114 T-11 1-114 1 W, III III III 111 111111 11ma tM.,
ajqt: 1: 3111: q Biel 1-. 1w
I I I
Asil RTA I I Kygg I mg; I IVA I I$ I a Igo i i11AN141MMINer- 1 I A 0 6 a 6 1, M
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV - Condons:

We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
your work" done under a contract with that person
or organization and included in the " products -
completed operations hazard". This waiver applies
only to the person or organization shown in the
Sc( edule above.

CG 24 04 05 09 @ Insurance Services Office, Inc., 2008 Page I of I NPC 711 08 11
I'll 0 . A . , , : 0 . ,
0 11. 8 1 - 6 E•r i • 11
as applicable to this endorsement.)
A. For all sums which the insured becomes legally
obligated to pay as damages caused by " occurrences" under COVERAGE A ( SECTION 1), and for all medical expenses caused by accidents
under COVERAGE C ( SECTION 1), which can be
attributed only to ongoing operations at a single
designated construction project shown in the
Schedule above:

1. A separate Designated Construction Project
General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate
Limit shown in the Declarations. Subject to
the application of the General Aggregate Limit
to each of your projects, the maximum
amount we will pay under the General Aggregate Limit for all claims arising from all projects is the Overall General Aggregate Cap
shown in the Schedule above.

2. The Designated Construction Project General
Aggregate Limit is the most we will pay for the
sum of all damages under COVERAGE A,
except damages because of " bodily injury' or
1 property damage" included in the " products -
completed operations hazard", and for medical expenses under COVERAGE C regardless of fte• e -. a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing " suits".

3. Any payments made under COVERAGE A for
damages or under COVERAGE C for medical
expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such
payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project
shown in the Schedule above.
dtol matawl; 1A lZin K& Spitzle r. ty-A 011 1111
NPC 711 08 11 Page 1 of 2
MI. For all sums which the insured becomes legally
obligated to pay as damages caused by " occurrences" under COVERAGE A ( SECTION 1), and for all medical expenses caused by accidents
under COVERAGE C ( SECTION 1), which cannot
be attributed only to ongoing operations at a
gle designated construction project shown in the
Schedule above:

1. Any payments made under COVERAGE A for
damages or under COVERAGE C for medical
expenses shall reduce the amount available
under the General Aggregate Limit or the
Prod ucts- Completed Operations Aggregate
Limit, whichever is applicable; and

2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit.

C. When coverage for liability arising out of the 11
prod ucts-completed operations hazard" is provided, any payments for damages because of bodily injury" or " property damage" included in
the " prod ucts- completed operations hazard" will
reduce the Prod ucts- Com pleted Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit.

D. If the applicable designated construction project
has been abandoned, delayed, or abandoned
and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction
project.

E. The provisions of Limits Of Insurance ( SECTION
111) not otherwise modified by this endorsement
shall continue to if as stipulated.

Page 2 of 2 ends

COM

D EMPLOYERS LIABILITY INSURANCEPOLICY
We hao the right to recover our f
ft an injury covered by policy.
our orgadialob banVid t f '. . freen* nt applies only r the extent that you perform work under a written contract that requires you to obtain this agreement from us).

The additional prernium for this endorsement shall be 3 % of the total California Workers' Compensation premium otherwise # Job • #
ALL CA
r
The Information below Is required only when this endorsement is issued subsequent to preparation of the policy.) Insured CROSSTOWN
Com
ELECTRICAL DATA Premium $ INCL.

Countersigneh" By
t:'
1i1•
Policy No.: 2005675448
This Endorsement Applies Only If
Form Number 10141 ( 01012014) Appears on the Declarations Page.

All the provisions of this Policy apply except as modified by this endorsement.

Any coverage afforded under PART A > LIABILITY COVERAGE of this Policy for a covered auto shall also apply to the individual or organization listed on the Declarations Page as an additional insured subject to the following provisions:
e will pay compensatory damages for which the additional insured is legally liable due to bodily injury or property damage caused by an accident arising out of the operation of an auto covered under PART A > LIABILITY COVERAGE. We will pay under this endorsement only if those damages arise out of the acts or omissions of an insured as defined under PART A and then only to the extent of that liability.

2. The designation of an additional insured on the Declarations Page shall not increase our limits of liability under PART A of this Policy.

3. We also agree with you that insurance provided by this agreement will be excess insurance over any other applicable insurance, self-insurance or bond.

4. All language in the LIMITS OF LIABILITY section of this Policy referencing a permissive operator is deleted.

Integon National Insurance Company
This Endorsement Applies Only If
Form Number 10379 ( 01012014) Appears on the Declarations Page.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

TSUAM
Policy No.: 2005675448 Effective: 11/ 05/ 2021
This endorsement is issued to: CROSSTOWN ELECTRICAL & DATA 10 : 1 I = I;?_, I 1111: 2 nielyl Ri
pill] ; j;!jp:!j: jJj • lp 111 1, 11 11 11 111 fe Tli
To: Mayor and City Council
From: City Manager
Meeting Date: September 27, 2022
Subject: PICO RIVERA – MAJOR CORRIDORS MEDIAN AND
PARKWAY BEAUTIFICATION PROJECT (CIP NO. 50075);
CCL-5351(041) - AWARD PROFESSIONAL AGREEMENT

FOR DESIGN AND CONSTRUCTION SUPPORT

SERVICES
Recommendation:

1. Award a Professional Services Agreement to Moore Iacofano Goltsman, Inc. (MIG Inc.) to provide design and construction support services for the Pico Rivera-Major Corridors Median and Parkway Beautification Project (CIP No. 50075); CCL-5351(041) for an amount not-to-exceed $301,703; and

2. Authorize the City Manager to execute the agreement in a form approved by the City Attorney.

Fiscal Impact:

The total project cost is estimated at $5,621,557 including design, construction, and construction management. The Clean California Local Grant Funds (Fund 699 – Account No. 699.70.7300.54500-50075) will contribute a maximum of $4,216,167 to the project. The City’s local match will be $1,405,390, including $920,000 from Proposition C (Fund 206 – Account No. 206.70.7300.54500-50075) and $485,390 in General Funds (Fund 400 – Account No. 400.70.7300.54500-50075) as part of the FY 2022-23 Approved Budget. No budget adjustment is needed.

Discussion:

The California Department of Transportation (Caltrans) developed the Clean California Local Grant Program (CCLGP) to provide approximately $296 million to beautify and improve local streets and roads, tribal lands, parks, pathways, transit centers, and other public spaces. The goal is to reduce the amount of waste and debris within public rights-of-ways, parks, transit centers, and other public spaces; enhance, rehabilitate, restore, or install measures to beautify and improve public spaces and mitigate the urban heat island effect; enhance public health, cultural connection, and community placemaking by improving spaces for walking and recreation; and advance equity for underserved communities.
10 CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 27, 2022 PICO RIVERA – MAJOR CORRIDORS MEDIAN AND PARKWAY BEAUTIFICATION PROJECT (CIP NO. 50075); CCL-5351(041) - AWARD PROFESSIONAL

AGREEMENT FOR DESIGN AND CONSTRUCTION SUPPORT SERVICES

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The competitive statewide program called for projects in December 2021, to which the State received approximately 329 applications. Subsequently, on March 1, 2022, the Governor’s Office announced the award of 105 local projects approved statewide. The list of awarded projects included two (2) projects in the City of Pico Rivera including the Major Corridors Median and Parkway Beautification Project submitted by the City for an estimated total cost of $5,621,557, which includes a $4,216,167 million in grant funds and a 25% local match of $1,405,390.

On June 28, 2022, City Council approved a resolution authorizing the Director of Public Works to execute agreements with the California Department of Transportation (Caltrans) for the Major Corridors Median and Parkway Beautification Project.

Subsequent to the execution of the agreement with Caltrans on July 27, 2022, staff formally requested proposals for design and construction support services through the Planet Bids portal on the City’s website. On August 18, 2022, Staff received and reviewed five (5) proposals by a panel of four (4) from the Public Works Department.

Based on the qualifications and evaluation/selection outlined in the RFP, the consultant rankings are summarized below:

Ranking Consulting Firm
1 MIG Inc.
2 DVD Landscape Architects
3 RHA Landscape Architects-Planners, Inc.
4 Nuvis
5 Kimley-Horn and Associates, Inc.

Staff evaluated and negotiated the cost proposal with the top ranked consultant, MIG Inc., per the Caltrans Local Assistance Procedures Manual. The negotiations concluded a fair and reasonable cost to provide professional services for the Major Corridors Median and Parkway Beautification Project. The services to be provided include project management, utility coordination, design, cost estimates, specifications, bidding support, construction support and preparation of record drawings.

The anticipated project milestones are:
• Design Phase ..………………….September 2022- December 2022
• Bid and Construction Phase ..…January 2023 – June 2024 • Closeout Phase …………………June 2024 – December 2024
The Major Corridors Median and Parkways Beautification Project will beautify the corridor, reduce urban heat island effect, prevent debris from building up, and provide cultural connections and placemaking to the community. The improvements included in the project consist of installation of drought tolerant plants and trees, irrigation systems, CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 27, 2022 PICO RIVERA – MAJOR CORRIDORS MEDIAN AND PARKWAY BEAUTIFICATION PROJECT (CIP NO. 50075); CCL-5351(041) - AWARD PROFESSIONAL

AGREEMENT FOR DESIGN AND CONSTRUCTION SUPPORT SERVICES

Page 3 of 3 ends

decomposed granite, boulders, cobble stone, anti-litter signs, artistic elements, historical markers, trash containers, iron bus benches where needed, and wayfinding signage.

Additionally, the City will be launching monthly social media campaigns to educate residents about litter abatement, proper waste disposal, and annual community cleanup events. The projects must be completed, and all funds expended by June 30, 2024, with final reports and invoices to be submitted by November 1, 2024.

Conclusion:

Staff recommends awarding a Professional Services Agreement to MIG Inc. for the Major Corridors Median and Parkways Beautification Project, CIP No. 50075, for an amount not-to-exceed $301,703 for design and construction support services.

Steve Carmona
SC:TR:NC:np
Enclosure: 1) Professional Services Agreement
AGREEMENT NO. _______

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF PICO RIVERA AND
MOORE IACOFANO GOLTSMAN, INC.

1. IDENTIFICATION
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Pico Rivera, a California municipal corporation (“City”) and Moore Iacofano Goltsman, Inc. (a.k.a. MIG, Inc.), a California Corporation (“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 professional design services including project management, utility coordination, design, cost estimates, specification, bidding support, construction support and preparation of record drawings for the Pico-Rivera Major Corridors Median Beautification Project (CIP No. 50075); CCL-5351(041).

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 August 18, 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 September 12, 2022 proposal to City attached hereto as Exhibit “B.”

3.3 “Commencement Date”: September 27, 2022

3.4 “Expiration Date”: December 31, 2024

ENCLOSURE 1
10a
Professional Services Agreement
MIG, INC. – PICO RIVERA MAJOR CORRIDORS MEDIAN BEAUTIFICATION PROJECT (CIP NO. 50075); CCL-53351 (041)

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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 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 of Three Hundred One Thousand Seven Hundred Three dollars ($301,703.00) 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

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 Professional Services Agreement
MIG, INC. – PICO RIVERA MAJOR CORRIDORS MEDIAN BEAUTIFICATION PROJECT (CIP NO. 50075); CCL-53351 (041)

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and 17708.02 of the California Corporations Code. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.

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. Steve Lang, Principal-In-Charge 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.

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 Professional Services Agreement
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Consultant’s employees, except as set forth in this Agreement. Consultant shall not at any time represent that it is, or that any of its agents or employees are, in any manner employees of City.

Professional Services Agreement
MIG, INC. – PICO RIVERA MAJOR CORRIDORS MEDIAN BEAUTIFICATION PROJECT (CIP NO. 50075); CCL-53351 (041)

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15. INDEMNIFICATION

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 Professional Services Agreement
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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 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.

16. INSURANCE

Professional Services Agreement
MIG, INC. – PICO RIVERA MAJOR CORRIDORS MEDIAN BEAUTIFICATION PROJECT (CIP NO. 50075); CCL-53351 (041)

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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

16.1.4 Professional Liability Insurance against errors and omissions in the performance of the work under this Agreement with coverage limits of not less than Two Million Dollars ($2,000,000) per occurrence of claim/ Four Million Dollars ($4,000,000) 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.

16.4 Consultant agrees that if it does not keep the aforesaid insurance in full Professional Services Agreement
MIG, INC. – PICO RIVERA MAJOR CORRIDORS MEDIAN BEAUTIFICATION PROJECT (CIP NO. 50075); CCL-53351 (041)

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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.

Professional Services Agreement
MIG, INC. – PICO RIVERA MAJOR CORRIDORS MEDIAN BEAUTIFICATION PROJECT (CIP NO. 50075); CCL-53351 (041)

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17. MUTUAL COOPERATION

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
Steve Lang, Principal
MIG, Inc.
109 W. Union Avenue
Fullerton, CA 92832
Professional Services Agreement
MIG, INC. – PICO RIVERA MAJOR CORRIDORS MEDIAN BEAUTIFICATION PROJECT (CIP NO. 50075); CCL-53351 (041)

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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

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.

25. WARRANTIES

26. CAPTIONS

Professional Services Agreement
MIG, INC. – PICO RIVERA MAJOR CORRIDORS MEDIAN BEAUTIFICATION PROJECT (CIP NO. 50075); CCL-53351 (041)

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27. NON-WAIVER

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.

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’s 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 attached hereto and incorporated here by reference. Should any conflict arise between the requirements of Exhibit D and this Agreement, the provisions of Exhibit D shall control to the minimum extent required to resolve such conflict.

Professional Services Agreement
MIG, INC. – PICO RIVERA MAJOR CORRIDORS MEDIAN BEAUTIFICATION PROJECT (CIP NO. 50075); CCL-53351 (041)

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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 Moore Iacofano Goltsman, Inc.
______________________________ ___________________________________ Steve Carmona, City Manager Steve Lang, Principal
Dated: ________________________ Dated: _____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ ___________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney

EXHIBIT A

SCOPE OF WORK
109 W. Union Avenue | Fullerton, CA 92832
(714) 871-3638 | www.migcom.com
In association with:

JMDiaz, Inc. | LRA Engineers
Proposal | August 18, 2022
Major Corridors
Median and Parkway
Beautification
Design and Construction
Support Services

CITY OF PICO RIVERA
EXHIBIT "A"

PLANNING / DESIGN / COMMUNICATIONS / MANAGEMENT / TECHNOLOGY / SCIENCE 109 W. Union Avenue
Fullerton, CA 92832
P (714) 871-3638
F (714) 871-1188
www.migcom.com

CALIFORNIA

BERKELEY, FULLERTON,

LOS ANGELES, PASADENA,

RIVERSIDE, SACRAMENTO,

SAN DIEGO, SAN JOSE,

AND SONOMA

COLORADO
DENVER
OREGON

PORTLAND
TEXAS

SAN ANTONIO

WASHINGTON

SEATTLE
August 18, 2022
Michael Ackerman
Department of Public Works
Engineering Division
City of Pico Rivera
6615 Passons Blvd
Pico Rivera, CA 90660
Re: Proposal to Provide Design and Construction Support Services for Major Corridors Median and Parkway Beautification
Dear Mr. Ackerman and Selection Committee Members:

MIG, Inc., is pleased to submit our proposal for design and construction support services for landscape improvements of median islands and some parkway areas along Slauson Avenue, Washington Boulevard, Whittier Boulevard, and Paramount Boulevard in the City of Pico Rivera. Our proposal is based on careful examination of the RFP, addenda for clarifications, and additional information provided by the City.

MIG believes we are well suited to provide these services based on our successful collaboration with the City on previous projects such as Pico Park, the frontage medians along Beverly Boulevard, your City monument sign, and a campground conceptual study for the potential renovation of the Sports Arena Campground. I was principal-in-charge and Oscar Johnson was project manager on these previous projects.

With over 40 years in business and $1 billion worth of public improvement design projects in the ground, we offer Pico Rivera a significant breadth of experience and expertise. Our Fullerton office is 17 miles from City Hall, facilitating convenient and prompt access during the design process.

I have been a principal with the firm since 1991 and will be the contact regarding this proposal throughout the evaluation period. I am authorized to represent the firm with contractual responsibility and bind the firm to the terms of the agreement. I can be reached by telephone at (714) 871-3638, ext. 4040, and (714) 600-0817 (cell), or by email at [email protected].

We welcome the opportunity to discuss our qualifications and firmwide team expertise with you in further detail. Should you have any questions about our proposal, please do not hesitate to contact me. Thank you for the opportunity to build upon our successful working relationship with Pico Rivera.

Sincerely,
Steve Lang, PLA, ASLA
Landscape Architect #1771 CA, #461 NV
Steve Lang, PLA, ASLA

TABLE OF CONTENTS

1. Corporate Documentation 3

2. Qualification and Experience 5
Key Personnel, Organization, and Capacity 5
Relevant Experience and References 11
Understanding 24
Approach 24
Quality Assurance/Quality Control 28

3. Fee Proposal under separate submission

4. Required Forms A.1
City of Pico Rivera | Major Corridors Median and Parkway Beautification 3 About MIG
MIG, Inc., improves, adapts, and creates organizations, environments, and tools for human development. We are
a community of designers, planners, engineers, scientists, and storytellers who engage people in creative problemsolving and collective action. We believe that the physical and social environment around us have a profound
impact on our lives, and this belief shapes the principles that guide our work:
» Communities can plan their own futures.
» The world needs an ecological perspective.
» Great projects work for everyone.
» Elegant design inspires new thinking.
» Every project presents an opportunity to advance racial and social equity.
» All work must be context driven.

MIG is at the forefront of innovation. We are leading local, regional, and national planning and design initiatives
to ensure accessibility and equity; engage, educate,
and empower people through participatory processes;
facilitate strategy development for social change; create playful and inclusive communities; reimagine streets
and repurpose infrastructure; revitalize cities and restore ecosystems; and promote environmental stewardship by
recognizing that the health of the natural and built world is mutually dependent.

1. Corporate Documentation
For four decades, MIG has worked with public,
private, and nonprofit agencies and their constituents
worldwide to craft outdoor spaces where people walk,
drive, gather, play, explore, work, learn, and live. Our landscape architecture practice integrates natural and
built environments to connect people to place, nature,
and each other. Existing site features, topography, and history inform our designs as we work with clients and
communities to develop a specific program of functions
and uses—creating a powerful sense of place that not
only pleases the eye but also protects ecological and
cultural resources and enhances community livability.

AREAS OF EXPERTISE
With a core competency in landscape architecture, MIG
offers a full range of services including site assessment, programming, concept and schematic design, feasibility
analysis, irrigation and planting design, construction
documentation and administration, and site maintenance
manuals. Our approach is cross-generational, inclusive, and universal—allowing all ages and abilities to share
in the experience; integrated—considering all aspects
of a project from vision to construction to ongoing
maintenance; collaborative—partnering with clients and
communities to foster ownership and advocacy; and
creative—striving for innovation in design, programming, and implementation.

Expertise areas include:
» Streetscapes, Corridors, and Complete Streets
» Urban Design and Placemaking
» Green Infrastructure and Stormwater Engineering
» Irrigation Design/Water Auditing/Water Ordinances
» Universal Design and Accessibility
4 City of Pico Rivera | Major Corridors Median and Parkway Beautification » Construction Documentation and Administration
» On-Site Construction Review/Inspection
» Community Outreach and Engagement
» Strategic Communications and Graphic Design
» Environmental Graphics and Wayfinding

ORGANIZATIONAL STABILITY AND STRENGTH
MIG, Inc., a California Corporation, has no debt and has current assets 3.6 times over current liabilities. MIG can provide financial statements if requested.

About Our Subconsultant
MIG has selected subconsultants based on their
proven expertise and knowledge and our successful
collaboration over the years on many streetscape design and landscape architectural projects.

JMDIAZ, INC.

JMDiaz, Inc. (JMD), a California corporation, offers a full range of transportation planning and civil engineering
covering highways, roadways, land development, traffic, and rail and transit projects for local agencies, schools, railroads, and private entities in California. Originally founded by Juan M. Diaz in 2001, JMD is serving clients from its office in Industry, California. Currently, JMD has a staff of 24 professionals and administrators. Through the proven experience of its professionals and technical staff, JMD has earned a reputation of quality, commitment, and responsiveness by providing innovative and timely design solutions on projects sponsored by private developers
and public agencies. In addition to its comprehensive
qualifications, JMD is also certified with local agencies as a Community Business Enterprise (CBE), Disadvantaged
Business Enterprise (DBE), and Minority Business
Enterprise (MBE).

JMD offers a wide range of services, detailed below,
covering planning, engineering, and management for
public- and private-sector clients. These services cover all phases of project development from conceptual design
through construction. Such depth of services is one of
JMD’s unique and distinguishing characteristics that have contributed to its success.

Transportation Planning
» Civil: Master Plans; Concept Design; Feasibility Studies » Highways: Project Study Reports; Project Reports
» Traffic/Transit: Traffic Impact Studies; Warrant Analysis; Safe Routes to Schools Studies; Highway/Rail Safety
Studies
» Rail: Rail Corridor/Feasibility Studies; Rail Safety Studies/ Grade Crossing Analysis; Quiet Zones
» Structures: Grade Separation Feasibility Studies
Civil and Traffic Engineering
» Highway/Roadway Design: Mainlines/Ramps/
Interchanges; Roadway Rehabilitation/Streetscapes;
Bikeways/Trails
» Rail Design (HSR, Light, Commuter & Freight): Mainline/ Industry/Shoofly Alignment; Grade Crossings/Stations;
Quiet Zones
» Structures: Rail/Highway Grade Separations; Pedestrian Bridges
» Traffic/Transit Design: Signing and Striping; Traffic Signals/Lighting/Traffic Control; Rail/Bus Rapid Transit Corridors; Stations/Parking Facilities
JMD's notable streetscape projects include:
» City of Compton: Compton Boulevard, HSIP Cycles 7
and 8 Safety Enhancement Projects (with MIG); Central
Avenue Transportation Study; and Central Avenue
Rehabilitation, Phases 1 and 2
» City of Commerce: Telegraph Road Citywide
Rehabilitation
» City of Los Angeles Department of Public Works Bureau of Engineering (LABOE): LABOE TOS 119 Alameda Street
Widening from 300’ South of Pacific Coast Highway to
200’ north of Anaheim Street

LRA ENGINEERS
LRA Engineers (LRA) provides complete electrical
engineering and design services including analysis and
cost estimates, field investigations, energy compliance calculations, and preparation of specifications, reports, and construction documents. LRA’s professional staff
has extensive combined working experience in electrical engineering and design, from street improvements,
parks, and recreational facilities to office and commercial buildings. A long-time project partner with MIG, LRA will provide electrical engineering, analysis, cost estimates, field investigations, energy compliance calculations, and preparation of specifications, and construction documents.

Notable project experience includes the Beverly Boulevard monument sign lighting in Pico Rivera; Firestone Boulevard pedestrian lighting and monument sign lighting in Downey; Del Amo Boulevard in Carson; and South Anaheim and
Lincoln Boulevards in Anaheim.

City of Pico Rivera | Major Corridors Median and Parkway Beautification 5

2. Qualification and Experience
Key Personnel, Organization, and Capacity
MIG has assembled a team of local, proven
professionals who are directly knowledgeable and
experienced working with the City of Pico Rivera, as
well as a variety of technical areas, such as streetscape design; infrastructure, civil, and transportation
engineering; and electrical engineering and lighting
design, that will collectively contribute to the success of the projects’ implementation. Additionally, our team has successfully worked together for years on a wide
range of streetscape design and implementation
projects that have resulted in transformative, activated, vibrant streets that support high-quality and sustainable development and respect the historic and cultural
context of the area in which they are located.

PROJECT MANAGEMENT
With 40 years of experience in landscape architecture,
Steve Lang, PLA, ASLA, CPRS, as Principal-In-Charge
and Principal Landscape Architect, will ensure adequate resources are allocated to these projects and that
contractual requirements are met. Steve will provide
overall project direction, oversight, and quality control.

As Project Manager, Oscar Johnson, PLA, ASLA,
has successfully managed complex multidisciplinary
projects that range from streetscape improvements
and public realm spaces to parks and trails. Having
worked together for over 20 years, Steve and Oscar
have designed many award-winning projects throughout
Southern California.

Steve Lang, Principal-in-Charge
Oscar Johnson, Project Manager

PROJECT MANAGEMENT

STREETSCAPE DESIGN/

LANDSCAPE ARCHITECTURE
Steve Lang
Oscar Johnson
Donna Yeung-Gutierrez
Melissa Butler
Dino Viale
Algis J. Marciuska, JMD, Civil/Survey
Deepak Solanki, Civil/Survey
Cirilo Regalado, LRA, Electrical

INFRASTRUCTURE/ENGINEERING

ORGANIZATION CHART

TECHNICAL EXPERTISE
Identified in the organizational chart below, the MIG
Team is composed of highly qualified streetscape
designers, landscape architects, irrigation and lighting designers, and infrastructure and roadway engineers.

Detailed resumes with relevant education, registrations, and experience are provided on the following pages.
6 City of Pico Rivera | Major Corridors Median and Parkway Beautification

EDUCATION
» BA, Landscape Architecture,
University of California,
Berkeley

REGISTRATIONS
» Landscape Architect:

CA #1771, NV #461
AWARDS
» Anaheim Coves – 2014 SCC/
ASLA Quality of Life Merit
Award
» South Beach Promenade –
2007 SCC/ASLA Merit Award
in Landscape Art
» West San Gabriel River
Parkway Nature Trail, Phases
I and II – 2003 and 2007
APWA Project of the Year;
2003 ASLA Merit Award; 2003
APWA Project of the Year
» Long Beach Transit Mall –
McGraw-Hill/ENR Merit Award
Winner - 2011 Best Projects
California
Steve Lang, PLA, ASLA
PRINCIPAL-IN-CHARGE | MIG
Steve Lang is an award-winning landscape architect who has dedicated his career to creating outdoor environments that offer memorable, positive human connections with each other and with nature. His early artistic talents converged with his love for the spaces beyond building walls to forge a 40-year vocation. Licensed in two states, Steve’s work can be found around schools and sports fields, in forests and downtowns, through plazas and parks, and along streets and waterways. He believes there is a deeper story to every project and he strives to bring it to the surface through interpretation, education, and art. Steve also recognizes and values the lasting impact of his designs. Time is the added dimension that brings out the full potential of his landscapes. A scattering of sycamores transforms into a giant grove. A sand dredging pit becomes a nature park and multi-use trail. A transit corridor turns into an ocean shoreline-themed outdoor art gallery and entertainment destination. Steve has taken hundreds of projects from a concept on paper to a reality on the ground. His creativity, communication skills, and attentive listening elicit ideas and visions that he translates into conceptual studies, master plans, and construction drawings. Steve has provided on-call and as-needed services for the cities of Long Beach, Pasadena, Anaheim, Fullerton, Palm Springs, Downey, and Westlake Village, among many others.

SELECTED PROJECT EXPERIENCE
» Beverly Boulevard Streetscape Improvements, Pico Rivera, CA » Firestone Boulevard, Downey, CA
» Del Amo Boulevard Medians, Carson, CA
» Landscape Maintenance Assessment District Services, Yorba Linda, CA » Compton Boulevard Enhancement Projects, Compton, CA
» Long Beach Transit Mall and Pine Avenue Improvements, Long Beach, CA » Anaheim Coves Phase I and II, Anaheim, CA
» Angeles National Forest Supervisor’s Office, Arcadia, CA » Apollo, Golden, Dennis-The-Menace, and Wilderness Parks Renovation, Downey, CA
» Big League Dreams Parks, Perris Valley, Chino Hills, and Manteca, CA » Compton Creek Natural Park, Compton, CA
» Desiderio Neighborhood Park, Pasadena, CA
» Mendez Tribute Monument Park, Westminster CA
» Pedestrian, Bicycle, and Equestrian Master Plan, Big Bear Lake, CA » Pier Plaza and South Beach Renovation, Huntington Beach, CA » Veterans Sports Park at Tustin Legacy, Tustin, CA
» Westlake Village Community Park and Canyon Oaks Park, Westlake Village, CA
» Westminster 25 Parks Project, Westminster, CA
City of Pico Rivera | Major Corridors Median and Parkway Beautification 7

EDUCATION
» BS, Landscape Architecture,
California State Polytechnic
University, Pomona

REGISTRATIONS
» Landscape Architect:

CA #6481
AWARDS
» Anaheim Coves - 2014 SCC/
ASLA Quality of Life Merit
Award
» South Beach Promenade -
2007 SCC/ASLA Merit Award
in Landscape Art
Oscar Johnson, PLA
SENIOR PROJECT MANAGER | MIG
Oscar Johnson has always had a passion for drawing and creating, and he has been fulfilling it as a landscape designer and project manager for over two decades. From multimillion dollar sports facilities to intimate neighborhood parks, Oscar has designed and managed construction for a variety of public and private projects throughout California. With his meticulous attention to detail and his dedication to longevity, he develops construction details and design specifications that are cost-effective and can be built to last. He is adept in establishing a camaraderie with clients, colleagues, and contractors to shepherd projects from design to ribbon-cutting. Oscar is proactive in reducing risks and applying new technologies and materials to his designs. He describes himself as “a build-a-better-mousetrap type of person,” who takes the Big Picture and fills in the fine lines. While his work has benefited people in many communities, Oscar particularly appreciates providing physical, mental, and emotional stimulation to children with disabilities through his projects— enabling them to interact with nature and with others.

SELECTED PROJECT EXPERIENCE
» Beverly Boulevard Streetscape Improvements, Pico Rivera, CA » Firestone Boulevard, Downey, CA
» Del Amo Boulevard Medians, Carson, CA
» Landscape Maintenance Assessment District Services, Yorba Linda, CA » Compton Boulevard Enhancement Projects, Compton, CA
» Long Beach Pine Avenue Improvements, Long Beach, CA
» Pico Park Renovation, Pico Rivera, CA
» Anaheim Coves, Phases 1 and 2, Anaheim, CA
» Adlena, Byerrum, and Valencia Parks Renovation, Fullerton, CA » Apollo, Wilderness, Golden, and Dennis-the-Menace Parks, Downey, CA » Deer Canyon Park Preserve, Anaheim, CA
» Dills Park Renovation/Expansion, Paramount, CA
» Grace Park, Long Beach, CA
» Lambert Park, El Monte, CA
» Liberty Park Renovation, Cerritos, CA
» Mendez Tribute Monument Park, Westminster, CA
» Mesa Marin Sports Park, Bakersfield, CA
» Veterans Sports Park at Tustin Legacy, Tustin, CA
» Westlake Village Community Park, Westlake Village, CA » Westminster 25 Parks Sites Improvements, Westminster, CA » Wishing Tree Park, West Carson, CA
8 City of Pico Rivera | Major Corridors Median and Parkway Beautification Donna Yeung-Guttierez

DEPUTY PROJECT MANAGER/LANDSCAPE
DESIGNER | MIG
Donna Yeung-Gutierrez has over 10 years of landscape
design experience in a variety of public works projects.

Since joining MIG, Donna has contributed to a wide
range of projects with design and production support
from schematic design through construction documents.

She also provides innovative and engaging graphic
support using 3D modeling and programs such as
Sketchup and Adobe Suite to create images to assist the client in clearly seeing the design intent of the project.

She understands the importance of using water-wise
planting and has worked with various agencies to
establish drought-tolerant, California native planting
palettes to assist in water conservation and to comply
with the Water Conservation Act of 2006 (AB 1881) and
Governor’s Executive Order 29-15. Donna received
the American Society of Landscape Architects Student
Award of Excellence in Community Service in 2007.

EDUCATION
» BS, Landscape Architecture, California State
Polytechnic University, Pomona

SELECTED PROJECT EXPERIENCE
» Firestone Boulevard, Downey, CA
» Landscape Maintenance Assessment District
Services, Yorba Linda, CA
» Compton Boulevard Enhancement Projects,
Compton, CA
» I-5 Landscape Frontage, Downey, CA
» Hoover Street Ped/Bike Trail Improvements,
Westminster, CA
» Anaheim Coves Multipurpose Trail Phase II and Grant
Application, Anaheim, CA
» Compton Seven Parks, Compton, CA
» Lambert Park, El Monte, CA
» Ponderosa Park and Family Center, Anaheim, CA
» Rancho Del Rio Master HOA, San Clemente, CA
» South Park, Hermosa Beach, CA
» Westlake Village Community Park,
Westlake Village, CA
» Westminster 25 Parks, Westminster, CA
Melissa Butler, PLA
LANDSCAPE DESIGNER | MIG
Melissa Butler is an experienced landscape architect,
having worked on a variety of design projects ranging
from parks and trails to urban and regional planning
projects. Melissa is passionate about helping create rich public spaces intended to connect people to one another.

Strong in both graphic and written communication skills, she understands the importance of developing a solid
vision, as well as executable design. With a background in ecological sciences, coupled with a diverse design
and planning portfolio, Melissa harnesses a robust
understanding of the role of natural resources in park
planning and design. With this expertise, she is thoughtful during the inventory and evaluation of parks and facilities, landscape, and natural assets to identify necessary
improvements, as well as opportunities for enhancement.

Her unique perspective supports the development of
strong recommendations, identifying capital projects and maintenance needs, and concepts for
new parks.

EDUCATION
» MLA, California State Polytechnic University, Pomona
» AA, Landscape Architecture, Mira Costa College,
Oceanside CA
» BS, Biology, University of Georgia, Athens

REGISTRATIONS
» Landscape Architect: CA #6410

SELECTED PROJECT EXPERIENCE
» Firestone Boulevard, Downey, CA
» Yorba Linda Landscape Maintenance Assessment
District Landscape Transition, Yorba Linda, CA
» Downey Civic Center Pedestrian Corridor, Downey, CA
» Anaheim Coves Phase II, Anaheim, CA
» Anaheim Urban Greening, Anaheim, CA
» Area H Fitness Loop at Rose Bowl, Pasadena, CA
» Compton Creek Nature Park Phase II, Compton, CA
» Cudahy Water Conservation Plan, Cudahy, CA
» Desiderio Park, Pasadena, CA
» Tustin Legacy Veterans Sports Park, Tustin, CA
» Westminster 25 Parks Projects, Westminster, CA
City of Pico Rivera | Major Corridors Median and Parkway Beautification 9 Dino Viale, ASIC
IRRIGATION SPECIALIST | MIG
Dino Viale is a detail-oriented professional with over 20 years of experience in landscape and irrigation design.

He possesses strong design and construction skills
bringing planning and construction together seamlessly.

Dino has a passion for water conservation and is
constantly striving to create irrigation design solutions that seamlessly fit the unique needs of his projects,
creating lasting and cost-effective systems.

EDUCATION
» BS, Landscape Architecture, Polytechnic State
University, San Luis Obispo

REGISTRATIONS
» American Society of Irrigation Consultants (ASIC),
Professional Member, Northern CA Chapter

SELECTED PROJECT EXPERIENCE
» Landscape Maintenance Assessment District
Services, Yorba Linda, CA
» 14th Street Promenade, San Diego, CA
» Santana Row, San Jose, CA
» Del Amo Park, Los Angeles County, CA
» Desiderio Park, Pasadena, CA
» Lambert Park - Phase 1 and 2, El Monte, CA
» Wilderness Park, Downey, CA
Algis J. Marciuska, MBA, PE
SENIOR CIVIL ENGINEER | JMD
Algis Marciuska has over 36 years of professional
engineering experience in the civil engineering
profession. He has extensive experience in the
design of streets and highways, drainage systems,
bridges, culverts, public works facilities, institutional projects, signalization projects, geometric design,
land development projects, subdivision mapping,
construction surveys, construction engineering, and
project management. He has prepared many plans,
specifications, estimates, and studies for the County of San Bernardino, San Gabriel Valley cities, County of Los Angeles, County of Orange, and City of San Diego.

EDUCATION
» MBA, Business Administration, and BS, Civil
Engineering, California State Polytechnic University,
Pomona

REGISTRATIONS
» Civil Engineer: CA #44846

AFFILIATIONS
» Member, American Society of Civil Engineers
» Member, Institute of Transportation Engineers
» Member, American Public Works Association
» Member, Urban Land Institute

SELECTED PROJECT EXPERIENCE
» TOS 19 - Alameda Street Widening, Los Angeles, CA
» Compton Boulevard Safety Enhancement Projects,
Compton, CA
» Design, Construction Management, and Inspection for
Local Streets Rehabilitation Program, Norwalk, CA
» Alameda Corridor East San Gabriel Trench Grade
Separation Project, San Gabriel, CA
» Local Streets Rehabilitation Program, Norwalk, CA
» On-Call Engineering Services, Glendora, CA
Deepak Solanki, EIT
SENIOR PROJECT ENGINEER | JMD
Deepak Solanki has over 30 years of experience
assisting local agencies with numerous Capital
Improvement Projects for public works departments.

He has extensive experience in the design and plan
review of diverse civil engineering projects, such as
street, sewer, grading, flood control projects, backbone utility layout, and utility relocation. As Project Engineer and Project Manager, he has prepared design plans
for streetscapes/roadways, residential subdivisions,
and commercial, industrial, and educational facilities, including underground utilities. He is familiar with rightof-way acquisition research, temporary construction easement documents, legal descriptions/plats,
surveying, cost estimates, and quantity take-offs.

EDUCATION
» BS, Civil Engineering, MS University, Faculty of
Technology and Engineering

REGISTRATIONS
» Engineer-in-Training, #113733

AFFILIATIONS
» Member, American Society of Civil Engineers
» Member, American Railway Engineering and
Maintenance of Way Association
10 City of Pico Rivera | Major Corridors Median and Parkway Beautification

SELECTED PROJECT EXPERIENCE
» Compton Boulevard Safety Enhancement Projects,
Compton, CA
» Design, Construction Management, and Inspection for
Local Streets Rehabilitation Program, Norwalk, CA
» TOS 19 - Alameda Street Widening, Los Angeles, CA
» Local Streets Rehabilitation Program, Norwalk, CA
» FY 16-17 Annual Pavement Rehabilitation,
Manhattan Beach, CA
» Zone D Street Rehabilitation, San Dimas, CA
» County of Los Angeles Accelerated Road
Construction Program, Los Angeles County, CA
Cirilo C. Regalado, Jr., PE
ELECTRICAL ENGINEER | LRA
Cirilo “Reg” Regalado has over 30 years of active
practice in electrical engineering design and project
management. Cirilo has extensive electrical engineering design experience for projects such as public schools,
commercial and industrial buildings, community and
senior centers, parks, recreational facilities, and street improvements.

EDUCATION
» BS, Electrical Engineering, Mapua Institute of
Technology, Manila, Philippines

REGISTRATIONS
» Professional Engineer: CA #E16914
» PEE: Republic of the Philippines #1044

SELECTED PROJECT EXPERIENCE
» Beverly Boulevard Monument Sign Lighting,
Pico Rivera, CA (with MIG)
» Firestone Boulevard Pedestrian Lighting and
Monument Sign Lighting, Downey, CA (with MIG)
» Del Amo Boulevard Streetscape, Carson, CA
(with MIG)
» South Anaheim and Lincoln Boulevards, Anaheim CA
(with MIG)
» Anaheim Coves Multipurpose Trail, Anaheim, CA
(with MIG)
» Compton Greenleaf Parkway, Compton, CA (with MIG)
» Admiral Kidd Park, Long Beach, CA (with MIG)
» Big League Dreams, Chino Hills, CA (with MIG)
» Singer Park Walkway Lighting Improvements,
Pasadena, CA

CURRENT WORKLOAD & CAPACITY
With over 270 staff experienced in a breadth of services, MIG’s internal team has ample capacity to perform the
services required. Our team members were selected
based on their expertise, passion for the project, and
capacity. Each team member is committed for the
duration of the project and their current workload will not impact their availability to successfully complete
this assignment. Current workload and availability is
provided as percentages in the table below.

STAFF / ROLE WORKLOAD AVAILABILITY
MIG, Inc.

Steve Lang, Principal 50% 50%
Oscar Johnson,
Landscape Architect/
Sr. Project Manager
65% 35%
Donna Gutierrez, Deputy
Project Manager 50% 50%
Melissa Butler, Landscape
Architect 75% 25%
Dino Viale, Irrigation
Designer 65% 35%
JMDiaz, Inc.

Algis Marciuska, Civil
Engineer/Project Manager 30% 70%
Deepak Solanki, Civil
Project Engineer 50% 70%
Principal/Civil Engineer 50% 50%
Civil Engineer/
QA/QC Manager 30% 70%
Civil Designer 30% 70%
LRA
Reg Regalado, Principal/
Electrical Engineer 40% 60%
Project Engineer 60% 40%
City of Pico Rivera | Major Corridors Median and Parkway Beautification 11 Relevant Experience and References
As a multidisciplinary firm that specializes in
landscape architecture, streetscape and urban design,
placemaking, green infrastructure engineering, and
public engagement, MIG has worked extensively with
public agencies locally and nationally on design and
planning for future change.

We believe a community’s public realm spaces and
infrastructure are a cornerstone of livability. We
approach projects from a contextual perspective that
involves integrating existing site features with a specific program of functions and uses. For us, each project
offers new opportunities to develop innovative solutions to the complex design challenges of today’s world.

PROJECT EXPERIENCE
The relevant experience provided on the following
pages highlights MIG’s ability to successfully plan,
design, and implement dynamic and transformative
streets, corridors, and public realm spaces utilizing
varied levels of community engagement and graphic
visualization tools. Through all of these projects, our team exhibits a dedication to quality and creativity,
technical resources and innovation, a flexible approach, a dedication to working with diverse communities
to develop design consensus, and a commitment to
providing deliverables, and completing projects on time and within budget.

REFERENCES
We invite you to contact the following clients regarding our team’s ability to provide streetscape design, landscape architecture, and infrastructure engineering services while engaging diverse communities in these efforts.

Yorba Linda Landscape Maintenance Assessment
District Services (MIG)
Michael Wolfe, Former City of Yorba Linda Director of
Public Works, Current City of Oxnard Director of Public Works; (805) 385-8280 | [email protected]
City of Westminster Design and Construction
Services, Various Projects (MIG)
Jake Ngo, Principal Civil Engineer
City of Westminster
(714) 548-3459 | [email protected]
Compton Boulevard Streetscape Enhancements
(JMD and MIG)
John Strickland, Project Manager
City of Compton
(310) 605-5505 | [email protected]
Alameda Street Widening (JMD)
Michael Haddadin, Senior Project Manager
City of Los Angeles Department of Public Works, BOE
(213) 485-4642 | [email protected]
Yorba Linda Medians
12 City of Pico Rivera | Major Corridors Median and Parkway Beautification

PROJECT DETAILS
Firm: MIG
Client: City of Pico Rivera
Location: Pico Rivera, CA
In conjunction with the renovation of Pico Park in the City of Pico Rivera, MIG staff designed streetscape enhancements for Beverly Boulevard, which fronts the community park and serves as the main entrance to the facility.

Street improvements included additional raised landscape medians, enhanced landscaped parkways, and frontage road medians. Plant materials are all California-friendly and drought tolerant with subsurface irrigation and sweeps of rock cobble groundcover and decomposed granite. In addition, lighted City gateway monument signs celebrating entry into the City and the improved Pico Park are at either end of the one mile reach of Beverly Boulevard, which is a main arterial through the City.

Key features include:
» Unique street identity
» Median landscape improvements
» Low-water/low-maintenance landscaping
» Irrigation system retrofit
» Gateway monument signs
Beverly Boulevard
City of Pico Rivera | Major Corridors Median and Parkway Beautification 13 14 City of Pico Rivera | Major Corridors Median and Parkway Beautification

PROJECT DETAILS
Firm: MIG
Client: City of Downey
Location: Downey, CA
The City of Downey initiated a project to revitalize approximately 1.25 miles of Firestone Boulevard from Old River School Road to Brookshire Avenue.

MIG staff prepared design development plans and construction documents for the landscape, hardscape, and irrigation in October of 2013. The landscape design consisted of water-wise median planting and pockets of parkway planting and tree wells. The hardscape design consisted of interlocking pavers, colored concrete, and new concrete walkways as well as ADA ramps at intersections. We also coordinated with the City’s electrical engineer for vehicular and pedestrian lighting.

The design took business storefront access and pedestrian flow into account.

Custom concrete walls with hardwood seating with pockets of planting were incorporated to provide gathering and resting spots along the downtown sidewalk while providing a buffering affect from vehicular traffic. Various fields of interlocking pavers were used to define the seating areas and main pedestrian walkway. Planted pots and street furniture were also included to blend the design elements from the hardscape.

Inspirational quotes were used in the custom walls with seating as well as the City’s new logo. Custom bike racks also incorporated the City’s logo.

Firestone Boulevard
City of Pico Rivera | Major Corridors Median and Parkway Beautification 15 16 City of Pico Rivera | Major Corridors Median and Parkway Beautification

PROJECT DETAILS
Firm: MIG
Client: City of Sacramento
Location: Sacramento, CA
MIG led a team of urban designers, landscape architects, transportation planners, and civil engineers to design and create construction documents for the first “Green Street” in Sacramento. Envisioned by the community as the ‘main street’ of the Dixieanne Neighborhood, this six-block streetscape improvement project connects the multimodal Swanston Light Rail transit station of North Sacramento to the Central Neighborhood Park.

Streetscape improvements in this narrow ROW included tree-lined sidewalks, Class III bike facilities, and iconic art that reflects community values. The key element of the “Green Street” minimizes impervious surfaces and urban runoff through the use of stormwater planters along separated sidewalks, bioswales in midblock bulbouts, pervious paving in a traffic circle and pocket plaza, and context-sensitive planting palette. This cost-effective, integrated stormwater management drainage solution helped minimize the demand on the area’s overloaded CSS system and improved the overall water quality before it drained into the nearby American River. Construction was completed in September 2009.

The streetscape concept was developed by MIG through an extensive community engagement program that included workshops and stakeholder listening sessions. MIG worked with the City, neighborhood community, and individual property owners to resolve conflicts between the proposed landscaping, existing utilities, and private encroachments in the public rightof-way in order to create a streetscape amenity that has become a great source of community pride and identity.

Dixieanne Avenue Green Street
City of Pico Rivera | Major Corridors Median and Parkway Beautification 17 18 City of Pico Rivera | Major Corridors Median and Parkway Beautification

PROJECT DETAILS
Firm: MIG
Client: City of Paso Robles
Location: Paso Robles, CA
Award: 2014 USGBC Green
Innovation Award
21st Street Complete Green Street
21st Street is a commercial and residential street near the Paso Robles Event Center, home of the California Mid-State Fair. The street, one of four railroad crossings in town, was established decades ago in a natural drainageway.

Working for the City and the Central Coast Water Board, MIG’s civil engineers and landscape architects prepared a concept plan and vision for five contiguous blocks of 21st Street, between Vine Street and Riverside Avenue, transforming them into a unified green, complete street that meets several objectives, including:
» Containing the 10-year storm within the street section » Increasing groundwater recharge
» Improving pedestrian and bicyclist mobility
» Reducing sediment into the Salinas River
MIG continued to provide support for the City and CannonCorp, the local firm that completed the design, by reviewing the plans as they were developed.

Green stormwater facilities have contributed to less frequent and severe street flooding as well as increased sediment removal and improved water quality discharging into the Salinas River. Six months after completion, the 85th percentile speed along 21st Street had dropped 7 mph and the street has had no traffic accidents.

City of Pico Rivera | Major Corridors Median and Parkway Beautification 19 20 City of Pico Rivera | Major Corridors Median and Parkway Beautification

PROJECT DETAILS
Firm: MIG
Client: City of West Sacramento
Location: West Sacramento, CA
West Capitol Avenue is a major east-west, 3.5-mile long arterial and commercial spine running through West Sacramento. The Complete Streets Plan focused on creating a Complete Street to serve as the heart of the community. MIG’s urban planners and designers led a team of architects, planners, traffic engineers, environmental planners, and economic analysts on the project. The Team developed a new vision, implementation plan, and construction drawings that set the stage for long-awaited redevelopment along the corridor. As part of the Complete Streets Plan, MIG created a unique street identity to foster a sense of place and support economic development along the Avenue. This involved redesign of the public-private interface, signage and wayfinding, traffic and circulation, infrastructure, financing strategies, and overall streetscape standards. Sustainable infrastructure plans were developed to assure underground utilities like sewer, water, and storm drainage are adequate for new development.

The extensive community participation program included a series of stakeholder interviews and community workshops. It entailed intensive working sessions with City Council, Planning Commission, and various departments of the City of West Sacramento to implement the plan recommendations.

Since Phase One improvements, the city has seen investment by a hotelier, bank, and small businesses, and the street has welcomed a college, community center, an updated library, and remodeled transit centers.

West Capitol Avenue
City of Pico Rivera | Major Corridors Median and Parkway Beautification 21 22 City of Pico Rivera | Major Corridors Median and Parkway Beautification

PROJECT DETAILS
Firm: MIG
Client: City of San Diego
Location: San Diego, CA
Award: 2017 Urban Design Award,
San Diego Section APA
MIG prepared the Master Plan to create a north-south pedestrian- and bicyclefriendly linkage in the heart of the East Village neighborhood of Downtown San Diego, through the reclamation of under-utilized public right-of-way. This promenade will feature a comprehensive and sustainable streetscape design that emphasizes non-motorized methods of circulation, increases pedestrian use of the public realm, and helps meet the social and recreation needs of this growing downtown community. It is also the first of six interconnected “greenway” corridors planned for Downtown.

The 14th Street corridor has several challenges addressed in the Master Plan, including the existence of underground utilities in the proposed promenade area, the need to enhance the stormwater management capabilities of the corridor, and the presence of a fairly large transient population near one end of the corridor. The Promenade is a first of its kind for the City’s right-of-way, so establishing a sustainable maintenance mechanism was critical, as well as ensuring that each relevant department’s comments were addressed.

Additionally, MIG utilized a thorough internal QA/QC process to minimize the potential for costly change orders during construction.

Coordination and community engagement were an important component of the project. As part of the effort, MIG designed a pop-up demonstration project and participated in CicloSDias, an event that temporarily closes the streets to cars so they can be used by all for healthy and fun physical activities. MIG also completed construction documents for the first block of the promenade, which was completed in March 2021.
14th Street Promenade
City of Pico Rivera | Major Corridors Median and Parkway Beautification 23

MIG SELECT STREETSCAPE DESIGN AND

OTHER RELEVANT PROJECTS

STREETSCAPE DESIGN

MEDIANS

LANDSCAPE DESIGN

CONSTRUCTION DOCUMENTS
& ADMINISTRATION

MULTIMODAL CONNECTIVITY

AND COMPLETE STREET

ENHANCEMENTS

CATALYST FOR ECONOMIC

DEVELOPMENT

SAFETY/TRAFFIC CALMING

SUSTAINABILITY & WATER

CONSERVATION

GREEN INFRASTRUCTURE

ACCESSIBILITY/

UNIVERSAL DESIGN

NATIVE PLANTING

SIGNAGE

SEATING & AMENITIES

LIGHTING

COMMUNITY OUTREACH
Beverly Boulevard Streetscape Median, Pico Rivera zzz z z z z z z Firestone Boulevard Streetscape and Median, Downey zzz z z z z z z z z z Dixieanne Avenue Green Street Plan, Sacramento zzz z z z z z z z z z z 21st Street Complete Street, Paso Robles zzz z z z z z z z z z z West Capitol Avenue, West Sacramento zzz z z z z z z z z z z z z 14th Street Promenade, San Diego z z z z z z z z z zzzzz Lincoln Boulevard Beautification, Santa Monica zzz z z z z z z z z z z Washington-National Boulevard Streetscape Master Plan,
Culver City
z z z z z z z z zzzzz
Long Beach Transit Gallery and Downtown Streets z z z z z z z z zzzz South Park Streetscape, Los Angeles z z z z z z z z z zzz 20th Street and Cloverfield Boulevard Pedestrian
Improvements, Santa Monica
z z z z z z z z z zzzz
1st and Central Station Improvements, Los Angeles z z z z z z z zzzzz Monrovia Station Square Transit Village & Streetscape z z z z z z z z zzzzz Bell Street, Seattle, WA z z z z z z z z z zzzzz
Great Streets Planning Initiative & DIY Manual, Los Angeles zzz z z z z z z z z z z z Great Streets Challenge & Vision Zero Evaluation,
Los Angeles
zzz z z z z z z z z z z z
Metro Gold Line Boyle Heights Transit-Oriented Urban
Design Plan, Los Angeles
z z zzz z z
Manchester/Broadway Equitable Streetscape,
Los Angeles
zzz z z z z z z z z z z z z
Wilmington Re:Imagined, Watts, Los Angeles zzz z z z z z z z z z z z Rancho Mirage Highway 111 Community Landscape
Design and Enhancement
zzz z z z z z z z z z z z
Winslow Way Complete Street, Bainbridge Island, WA z z z z z z z z z z zz Euclid and National Avenues Master Plan, San Diego zzz z z z z z z z z z z z F Street Promenade Master Plan, Chula Vista zzz z z z z z z z z z z z Palm Avenue Master Plan, Imperial Beach zzz z z z z z z z z z z z O Street, Sacramento zzz z z z z z z z z z z z
R Street Urban Design and Development Plan, Sacramento zz z z z z zzz Sacramento River District Placemaking Plan zz z z z z z z z zzzzz Franklin Boulevard Complete Street, Sacramento zzz z z z z z z z z z z Upper Market Street Streetscape Plan, San Francisco zz z z z z z z zzz Urban Village Corridors Streetscape Plan, San Jose z z z z z z z zzzzz Dallas Complete Streets Design Manual, TX z z z zz z z
Hemisfair Complete Streets, San Antonio, TX z z z z z z z z z zzzzz Market Street Realignment, San Antonio, TX z z z z z z z z z zzzzz re:Streets Planning Initiative, US Cities zzz z z z z z z z z z z z 24 City of Pico Rivera | Major Corridors Median and Parkway Beautification Understanding
MIG understands and appreciates Pico Rivera’s desire
to beautify and enhance the medians and parkways of
your major arterials. They provide a strong impression
of the health and vitality of your city. Slausen Avenue, Washington Boulevard, Whittier Boulevard, and
Paramount Boulevard represent significant gateways
into your community as well as the main paths of travel for residents, commerce, businesses and visitors.

Street corridors’ appearance and environmental and
social impacts are evolving concerns and opportunities.

As we face water shortages, climate change, heat island effect, and more outdoor use during the pandemic, as
well as increased multimodal use, streets are becoming
multifunctional. They offer opportunities to increase the urban forest canopy, capture and percolate stormwater,
and encourage biodiversity. The challenge is to
re-envision these major streetscapes and transition
them to sustainable landscapes that are successful,
healthy, flexible, and contribute more to the quality of life in Pico Rivera.

Applying for and winning the highly competitive Clean
California Local Grant deserves kudos for the City’s
foresight and follow through. It is paramount now to
produce successful median and parkway enhancements
that are transformative and promote community pride
and support. They must be both beautiful and resourceconscious streets that make a perceived and real difference. With community involvement in the design
process and the sense of ownership that it fosters,
your “Keep Our Streets Clean” campaign will also be a
success.

Approach
The improvement of the existing medians and some
parkway areas along the City’s major arterials of Slauson Avenue, Washington Boulevard, Whittier Boulevard, and
Paramount Boulevard will demonstrate Pico Rivera’s
commitment to enhancing the aesthetics of these key
arterials, while conserving natural and human resources with sustainable landscape solutions. We will bring
the City’s vision into reality with over eight miles of attractive and functional landscape medians and
re-constituted parkways that will significantly add to the character of Pico Rivera.

MIG will begin the design process with a thorough
evaluation of existing median conditions. We will carefully assess the existing trees and irrigation systems and
propose design modifications that better address the
revised drought-tolerant planting as well as maintaining the health of existing viable trees where applicable. As optional services, the MIG Team will perform agronomic
and percolation tests to confirm soil fertility, water
infiltration, and recommended soil amendments. We
believe these optional services are a good investment as the soil is the basis for a successful landscape.

MIG is grounded in regenerative landscape principles
that consider soil health and drainage conditions in the median planters as well as appropriate drought-tolerant, California-friendly plants that require less water and
less on-going maintenance. New plantings will be
carefully selected and orchestrated to enhance safety
by increasing the visibility of street identification signage at key intersections, railroad crossings, and pedestrian crossings. Shrubs and groundcovers will be selected that do not require side pruning adjacent to streets. We will City of Pico Rivera | Major Corridors Median and Parkway Beautification 25 avoid contributing to the heat island effect by minimizing the use of heat-retaining materials and maximizing
shade trees with high canopies that accommodate
bus and truck circulation. We intend to implement a
high-efficiency irrigation system that will incorporate state-of-the-art weather-based controllers that can
be monitored and adjusted from a central control as
necessary. We will work with maintenance staff to
select irrigation equipment that eliminates runoff using low-flow, deep-watering bubblers at trees and drip
emitter or micro-sprays for shrub and groundcover areas eliminating wasteful overspray. We will also incorporate inorganic materials in the design, such as decomposed
granite, cobbles, and rock boulders, to reduce water and maintenance requirements. The non-organic materials
accentuate plants and allow low open views through the
enhanced landscape, similar to our successful median
design and City monument sign at Beverly Boulevard
adjacent to Pico Park.

If there are opportunities for art enhancements, we will identify places to showcase art elements that reflect the Pico Rivera community. Our leaf sculptures at Dixieanne Green Street in Sacramento are an example of providing
a signature element for that street and neighborhood,
which sets it apart from others.

We understand that there will be multiple departments
that will be part of the review and approval process.

It is our intent to meet with these department
representatives early in the design process to confirm
their expectations and requirements. At design
milestones, we will continue to solicit input from City staff to efficiently produce construction documents that meet their requirements.

The success of the design can be greatly influenced by
the quality of the installation during construction. MIG offers bid and construction support services to review
material submittals, respond to requests for information (RFIs), and prepare clarifications as necessary. We
participate in construction site meetings and review the irrigation and planting at key milestones in the project schedule to ensure that the construction conforms to
the design. We participate in the final walkthrough and prepare a punch list of items to be completed by the
Contractor prior to acceptance by the City.

A detailed breakdown of tasks follows:

TASK 1 – PROJECT MANAGEMENT

1. Attend a kick-off meeting with City staff to review
the project in detail and determine the City’s specific requirements concerning design, schedule, potential
concerns, and budgets.

2. Maintain continuous communication with the
City’s project manager throughout the design and
construction process.

3. Provide project meeting agendas and meeting
minutes listing action items.

4. Provide a detailed project schedule with updates on a biweekly basis.

5. Maintain awareness of tasks and key issues as project proceeds.

6. Proactively initiate communications between design
team and City staff throughout the design process to
address key issues in a timely manner.

7. Present to the Planning Commission and City Council
a PowerPoint presentation of concepts, plans, and
drawings and answer questions for Commissioners
and Council members.
26 City of Pico Rivera | Major Corridors Median and Parkway Beautification Deliverables:
» Meeting Schedules and PS&E Development Schedule
Updates
» Meeting Agendas and Minutes
» Public Outreach Materials
TASK 2 – AGENCY AND UTILITY COORDINATION

1. Coordinate with the affected utility companies within the project limits and adjacent agencies as necessary.

2. Prepare an initial request for utility information such as atlas sheets, mapping, or as-built plans, and notify the affected utility companies and adjacent agencies of
the need to install planned facilities in the project area.

3. Coordinate with utility companies to implement
upgrades to their facilities as needed.

4. Review utility information to determine the impact of the project on the various utilities.

5. Make contact with each affected utility company
to determine profiles of high-hazard/high-pressure
facilities that may interfere with proposed construction.

6. Lead efforts to identify ownership of unknown utility liens.

7. Submit 30%, 60%, 90%, and 100% completion plans
to the utility companies for review and comment,
including notification of the date that construction is planned to start.

8. Maintain a utility contact matrix documenting contacts, issues, etc., with utility companies.

Deliverables:
» Meeting Agendas and Minutes
» Utility notification letters
» Utility Matrix
TASK 3 – PRELIMINARY ENGINEERING

1. Research and review base data documents including
as-built improvement plans, utility information, existing pavement, water services, irrigation, soils information, and other available record data. As an Optional Task,
perform field survey consisting of aerial survey and
spot survey depending on the extent of the proposed
improvements.

2. Prepare field Condition Assessment Memo with photodocumented existing conditions and identification of special conditions that might create conflicts or change orders during construction. Identify how issues will be resolved.

3. Conduct a Design Review field meeting with City staff at 30%, 60%, 90%, and 100% design completion to evaluate
design recommendations against existing conditions.

4. The project shall comply with the Clean California Local Grant Program (CCLGP). Prepare a CCLGP Compliance
Memo documenting compliance. Program elements that
do not qualify for CCLGP funding will be identified.

5. Coordinate with the City to prepare a design-level
concept plan and participate in meetings to obtain
stakeholder approval.

6. Prepare plans, median sections, renderings, photosimulations, and exhibits for presentation to stakeholders, advisory committee, commissions, and City Council.

7. Prepare opinion of probable costs (OPC) of draft
concepts.

8. Present concepts at public outreach meeting for review and comments.

9. Incorporate input from public, City Commissions, and City Council into refined concept plans.

10. Present final conceptual plans to City Commissions
and City Council for approval to proceed with Final
Engineering plans.

Deliverables:
» Six (6) copies of a Field Condition Assessment Memo and electronic PDF and editable versions
» Six (6) copies of the CCLGP Compliance Memo and
electronic PDF and editable version
City of Pico Rivera | Major Corridors Median and Parkway Beautification 27 » Stakeholder Meeting Minutes with list of interested
stakeholders and comments
» Six (6) copies of Technical Memo with Key Issues and
electronic PDF version and editable versions
» Six (6) copies of Draft Landscape Median Concept Plans » Six (6) copies of renderings, photo-simulations, and
exhibits and electronic PDF version and editable
versions
» Six (6) copies of Opinion of Probable Costs and
electronic PDF version and editable versions
» Six (6) copies of Final Median Concept Plans and
electronic PDF version and editable versions
TASK 4 – FINAL ENGINEERING

1. Provide plans, specifications, and opinion of probable costs at 30%, 60%, 90%, and 100% for City review
and input. Plans will comply with City of Pico Rivera
standards and will be prepared using AutoCAD software
at 1” = 20’. Civil design plans will include removals,
existing and proposed improvements, utility base
mapping, and median improvements. Where necessary,
the plans will define limits of repairs to pavement,
curb, gutter, sidewalk, and ADA upgrades. Drainage
issues resulting from uplifted curbs and gutters will be addressed. Construction documents will be adequate
and sufficient for the City of Pico Rivera to solicit bids for the award of the construction contract for said work.

Plans will include:
» Demolition plans
» Civil plans (Title sheet, typical sections and details, roadway plans, erosion control plans, and details)
» Planting plans and details
» Irrigation plans and details
» Construction details
Documentation will be provided as necessary to comply
with the City’s Water-Efficient Landscape Ordinance.

Design elements will be provided to comply with the
NPDES program and CCLGP Grant Project Outcomes and
technical documents as necessary for the SWPPP, BMP,
and NOI.

Deliverables:
» Six (6) sets and electronic PDF and editable versions of plan submittals at 30%, 60%, 90%, and 100% completion
milestones
» Six (6) full-size of 100% drawings and electronic PDF and DWG versions
TASK 5 – OPINION OF PROBABLE COSTS

1. Prepare quantity calculations and final construction opinion of probable costs in accordance with City
requirements to meet established project budget.

Deliverables:
» OPC at 65%, 95%, and 100% completion milestones
TASK 6 – SPECIFICATIONS

1. Prepare technical special provisions per City of Pico Rivera requirements for bidding by the City. The
City will provide boilerplate specifications. The base
specifications will be the Standard Specifications for
Public Works Construction (Greenbook) latest edition
and forms including Bid Forms, Notice to Bidders,
Contract Forms, and other Public Works Forms
prepared and approved by the City of Pico Rivera for
Public Works Contracts.

2. Provide Special Provisions at 95% and 100%
completion milestones.

3. Provide electronic files at 100% specs in PDF and MS Word formats.

Deliverables:
» Special Provisions at the 95% and 100% completion
milestones
» Electronic files of 100% specifications in PDF and MS Word formats
28 City of Pico Rivera | Major Corridors Median and Parkway Beautification TASK 7 – PROJECT ADVERTISEMENT SERVICES

1. Respond to Requests for Information (RFIs).

2. Prepare project addenda at the direction of the City (assume three).

Deliverables:
» Tabulated response to RFI’s
» Addenda as necessary
TASK 8 – CONSTRUCTION SUPPORT SERVICES

1. Attend the pre-construction meeting, job walk, and
job-site meetings over the course of construction.

2. Provide response to Contractor’s requests for
information (RFIs).

3. Review and approve shop drawings.

4. Prepare punchlist from final walkthrough for
Contractor’s completion prior to City project
acceptance.

TASK 9 – RECORD DRAWINGS

1. Provide City with a complete set of revised original tracings showing as-built conditions based on as-built
record drawings provide by the Contractor and City’s
construction manager.

Deliverables:
» Complete set of revised original record drawings

EXCLUSIONS
» Reproduction and delivery beyond the deliverables
indicated within the Scope of Services.
» City processing and/or permit fees
» Water and electrical service plans for irrigation
(assumed water and electrical service lines are
existing and available near the existing medians
and parkways for irrigation system and controller
connections)
» Geotechnical services
Quality Assurance/Quality Control
MIG places a strong emphasis on Quality Assurance/
Quality Control (QA/QC) for all our work. Quality
deliverables that are backed up by clear and accurate
data are critical to the success of a project. For this project, we will develop and implement a rigorous QA/
QC program to ensure the integrity of deliverables.

At the start of the project, we will develop a Quality
Management Plan (QMP). The QMP will be applied to
each deliverable, addressing known and anticipated
project issues and potential concerns, as well as the
overall goals for the project. We will distribute the
QMP to our subconsultants and brief them on these
procedures during initial project meetings so everyone
on the team is following the same policies for review,
documentation, and edits.

Our QMP process will include internal reviews
and independent qualified technical reviews with
procedures to define the following key elements:
» Roles and responsibilities
» QA/QC expectations and procedures
» Production standards and style guides to provide
consistency across the project’s deliverables
» Retention procedures for review documents via
a Documentation Retention Policy as part of the
Communications Plan
» Procedures for assuring the free-flow of information
between team members and City staff, including
notification of project changes and issues via project
logs such as the Decision Log, Action Log, and
Change Log
» Independent Technical Reviews, Discipline Lead
Reviews, and Project Manager reviews of all work
products prior to submittal to the City to confirm
overall project accuracy and coordination
» Maintenance of project schedule including QA/QC
review intervals along with deliverable revision to
address QA/QC comments
» Procedures for consulting with QA/QC leaders
not only at submittal milestones, but also during
plan development and initiation of complex design
calculations
» Regular review of the QMP with the project team to
identify where refinements can be made to improve
the process
While all staff are held responsible for the quality of their work, we will also utilize QA/QC reviewers. Our QA/QC
reviewers will be provided supporting documentation
and deliverables for their use in confirming elements are coordinated across disciplines and for constructability review. Once the QA/QC reviewer completes their
review, they will meet with team members responsible
for preparing the deliverable.

City of Pico Rivera | Major Corridors Median and Parkway Beautification A.1

APPENDIX B
NONǦCOLLUSION AFFIDAVIT
The undersigned declares states and certifies that:

1. This Proposal is not made in the interest of, or on behalf of any undisclosed person, partnership, company, association, organization or corporation. This Proposal is genuine and not collusive or sham.

2. I have not directly or indirectly induced or solicited any other Proposer to put in a false or sham proposal and I have not directly or indirectly colluded, conspired, connived, or agreed with any other Proposer or anyone else to put in sham proposal or to refrain from submitting to this RFP.

3. I have not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price or to fix any overhead, profit or cost element of the proposal price or to secure any advantage against the City of Pico Rivera or of anyone interested in the proposed contract.

4. All statements contained in the Proposal and related documents are true.

5. I have not directly or indirectly submitted the proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay any fee to any person, corporation, partnership, company, association, organization, RFP depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

6. I have not entered into any arrangement or agreement with any City of Pico Rivera public officer in connection with this proposal.

7. I understand collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards.

Signature of Authorized Representative
Name of Authorized Representative Title of Authorized Representative Signature of Authorized Repr
Steve Lang, PLA, ASLA Principal, MIG, Inc.

A.2 City of Pico Rivera | Major Corridors Median and Parkway Beautification

APPENDIX C
CONSULTANT’S ACKNOWLEDGEMENT OF COMPLIANCE WITH

INSURANCE REQUIREMENTS FOR AGREEMENT FOR

PROFESSIONAL/CONSULTANT SERVICES
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This executed form must be submitted with Scope of Work proposal.
Moore Iacofano Goltsman, Inc. (MIG, Inc.)
August 18, 2022
City of Pico Rivera | Major Corridors Median and Parkway Beautification A.3

APPENDIX D

CERTIFICATION OF PROPOSAL
The undersigned hereby submits its proposal and agrees to be bound by the terms and conditions of this Request for Proposal (RFP).
1) Proposer declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or any work connected with this proposal. Should any agreement be approved in connection with this Request for Proposal, Proposer declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom.
2) By submitting the response to this request, Proposer agrees, if selected to furnish services to the City in accordance with this RFP. 3) Proposer has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the Proposer and that the Proposer is responsible for them.
4) It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City.
5) The proposal response includes all of the commentary, figures and data required by the Request for Proposal
6) The proposal shall be valid for 90 days from the date of submittal.

Name of Proposer:

By:
(Authorized Signature)
Type Name:

Title:

Date:

(Authorized Signatur
Steve Lang, PLA, ASLA, Principal
August 18, 2022

EXHIBIT B

APPROVED FEE SCHEDULE
City of Pico Rivera I MAJOR CORRIDORS MEDIAN & PARKWAY BEAUTIFICATION PROJECT 9/12/2022
Hrs@ $184 Hrs@ $160 Hrs@ $103 Hrs@ $109 Hrs@ $148 Hrs@ $148 Hrs@ $89 Phase 1: Project Management

1.1 Attend kick-off meeting to review scope, schedule, specific requirements 3 $552 4 $640 $0 $0 $0 $0 $0 7 $1,192 $858 $858 $40 $2,090

1.2 Maintain continuous communication with City project manager throughout the design and construction process $0 60 $9,600 $0 $0 $0 $0 $0 60 $9,600 $0 $9,600

1.3 Provide agendas and meeting minutes $0 30 $4,800 $0 $0 $0 $0 10 $890 40 $5,690 $0 $5,690

1.4 Provide detailed project schedule with bi-weekly updates $0 20 $3,200 $0 $0 $0 $0 $0 20 $3,200 $0 $3,200

1.5 Maintain awareness of tasks as project proceeds, along with key issues 6 $1,104 30 $4,800 $0 $0 $0 $0 $0 36 $5,904 $0 $5,904

1.6 Proactively iniitate communications between design team and City staff throughout the design process $0 35 $5,600 $0 $0 $0 6 $888 $0 41 $6,488 $0 $6,488

1.7 Present Power Point presentation of concepts, plans and dwgs to City Council 3 $552 8 $1,280 10 $1,030 $0 $0 $0 $0 21 $2,862 $0 $40 $2,902 Subtotal 12 $2,208 187 $29,920 10 $1,030 0 $0 0 $0 6 $888 10 $890 225 $34,936 $858 $0 $858 $80 $35,874 Phase 2: Agency and Utility Coordination

2.1 Coordinate with utility companies 2 $368 4 $640 $0 $0 4 $592 $0 $0 10 $1,600 $271 $271 $1,871

2.2 Prepare initial request for utility information 1 $184 2 $320 $0 $0 $0 $0 $0 3 $504 $271 $271 $775

2.3 Coordinate with utilities to implement upgrades to facilities $0 4 $640 $0 $0 $0 $0 $0 4 $640 $271 $271 $911

2.4 Review utility information to determine impact of project 2 $368 4 $640 $0 $0 $0 $0 $0 6 $1,008 $271 $271 $1,279

2.5 Review any high hazard/high pressure utilities for project impacts $0 4 $640 $0 $0 $0 $0 $0 4 $640 $271 $271 $911

2.6 Lead efforts to identify ownership of unknown utility line $0 2 $320 $0 $0 $0 $0 $0 2 $320 $271 $271 $591

2.7 Submit 30%, 60%, 90% & 100% completion plans to utility companies $0 18 $2,880 $0 $0 $0 $0 $0 18 $2,880 $271 $271 $2,415 $5,566

2.8 Maintain a utility contact matrix documenting contact, issues, etc. $0 2 $320 $0 $0 $0 $0 $0 2 $320 $271 $271 $591 Subtotal 5 $920 40 $6,400 0 $0 0 $0 4 $592 0 $0 0 $0 49 $7,912 $2,168 $0 $2,168 $2,415 $12,495 Phase 3: Preliminary Engineering

3.1 Records Research and Field Reviews of Water Services, Irrigation, Soils $0 4 $640 8 $824 $0 9 $1,332 $0 $0 21 $2,796 $0 $2,796

3.2 Prepare Field Condition Assessment Memo 4 $736 8 $1,280 $0 16 $1,744 4 $592 $0 2 $178 34 $4,530 $0 $40 $4,570

3.3 Design Review field mtgs. w/ City staff to review existing conditions and technical issues $0 6 $960 8 $824 $0 6 $888 $0 $0 20 $2,672 $0 $40 $2,712

3.4 Prepare Clean CA Local Grant Program CCLGP Compliance memo 1 $184 4 $640 $0 $0 4 $592 $0 2 $178 11 $1,594 $0 $1,594

3.5 Draft Median Concept Plans and CCLGP Project Outcomes 3 $552 6 $960 30 $3,090 16 $1,744 $0 $0 $0 55 $6,346 $0 $6,346

3.6 Prepare plans, median sections, renderings, photo simulations and exhibits for presentation to stakeholders, advisory committee , comissions, and Ctiy Council
4 $736 26 $4,160 106 $10,918 30 $3,270 $0 $0 4 $356 170 $19,440 $0 $660 $20,100

3.7 Prepare initial opinion of probable costs (OPC) of draft concepts 1 $184 2 $320 18 $1,854 $0 $0 4 $592 $0 25 $2,950 $0 $40 $2,990

3.8 Present concepts at public outreach meeting 3 $552 4 $640 12 $1,236 10 $1,090 $0 $0 $0 29 $3,518 $0 $3,518

3.9 Incorporate input from public, City comissions and Council into refined concept plans. 4 $736 6 $960 38 $3,914 $0 $0 $0 2 $178 50 $5,788 $0 $5,788

3.10 Present final conceptual plans to City comissions and City Council for approval to proceed with Final Engineering plans 2 $368 4 $640 12 $1,236 $0 $0 $0 $0 18 $2,244 $0 $40 $2,284 Subtotal 22 $4,048 70 $11,200 232 $23,896 72 $7,848 23 $3,404 4 $592 10 $890 433 $51,878 $0 $0 $0 $820 $52,698 Phase 4: Final Engineering including CCLGP Project Outcomes

4.1 Provide plans at completion of 30%, 60%, 90% & 100% completion for City review and input. Civil Eng. up to 11 hardscape repair locations. 8 $1,472 56 $8,960 190 $19,570 24 $2,616 300 $44,400 3 $444 12 $1,068 593 $78,530 $11,353 $11,160 $22,513 $2,880 $103,923

4.2 Provide NPDES program compliance and erosion control plans 1 $184 2 $320 $0 $0 $0 $0 $0 3 $504 $9,477 $9,477 $9,981

4.3 Provide NOI, SWPPP, BMP design if applicabale 1 $184 2 $320 $0 $0 $0 $0 $0 3 $504 $16,323 $16,323 $16,827

4.4 Confirm CCLGP Project outcomes 2 $368 6 $960 $0 $0 12 $1,776 $0 $0 20 $3,104 $0 $3,104

4.5 Provide 100% plans including electronic files in City-approved format 1 $184 14 $2,240 24 $2,472 6 $654 36 $5,328 2 $296 2 $178 85 $11,352 $351 $1,240 $1,591 $240 $13,183 Dino Viale Direct
Costs
Professional
Fees
Totals MIG
Totals JMDiaz Sub
Totals
Lauren Salas
Project Administrator
p r o j e c t c o s t
MIG, Inc. Subconsultants
Principal-in-Charge
Donna Gutierrez Melissa Butler
Deputy Project
Manager
Landscape Architect Irrigation Designer Project Accountant Steven Lang Sharyn Tanner
LRA
Oscar Johnson
Project Manager
MIG, Inc. City of Pico Rivera - Major Corridors Median Parkway Beautification Project | Fee Proposal EXHIBIT "B"
City of Pico Rivera I MAJOR CORRIDORS MEDIAN & PARKWAY BEAUTIFICATION PROJECT 9/12/2022
Dino Viale Direct
Costs
Professional
Fees
Totals MIG
Totals JMDiaz Sub
Totals
Lauren Salas
Project Administrator
p r o j e c t c o s t
MIG, Inc. Subconsultants
Principal-in-Charge
Donna Gutierrez Melissa Butler
Deputy Project
Manager
Landscape Architect Irrigation Designer Project Accountant Steven Lang Sharyn Tanner
LRA
Oscar Johnson
Project Manager
Subtotal 13 $2,392 80 $12,800 214 $22,042 30 $3,270 348 $51,504 5 $740 14 $1,246 704 $93,994 $37,504 $12,400 $49,904 $3,120 $147,018 Phase 5: Cost Estimates

5.1 Prepare cost estimate at concept, 65%, 95% and 100% completion milestone 3 $552 10 $1,600 23 $2,369 5 $545 9 $1,332 4 $592 2 $178 56 $7,168 $0 $7,168 Subtotal 3 $552 10 $1,600 23 $2,369 5 $545 9 $1,332 4 $592 2 $178 56 $7,168 $0 $0 $0 $0 $7,168 Phase 6: Specifications

6.1 Prepare Technical Special Provisions per City's requirements for bidding 1 $184 4 $640 5 $515 5 $545 7 $1,036 $0 3 $267 25 $3,187 $948 $948 $4,135

6.2 Special Provisions at 95% and 100% completion milestone 1 $184 2 $320 $0 $0 2 $296 $0 2 $178 7 $978 $948 $948 $1,926

6.3 Provide electronic files of 100% specs in PDF and MS Word formats $0 2 $320 2 $206 $0 2 $296 $0 2 $178 8 $1,000 $0 $1,000 Subtotal 2 $368 8 $1,280 7 $721 5 $545 11 $1,628 0 $0 7 $623 40 $5,165 $1,896 $0 $1,896 $0 $7,061 Phase 7: Project Advertisement Services

7.1 Respond to Request for Information (RFI's) $0 10 $1,600 4 $412 $0 3 $444 $0 $0 17 $2,456 $500 $500 $2,956

7.2 Prepare project addenda at the direction of the City (3) $0 9 $1,440 4 $412 $0 $0 $0 $0 13 $1,852 $0 $1,852 Subtotal 0 $0 19 $3,040 8 $824 0 $0 3 $444 0 $0 0 $0 30 $4,308 $0 $500 $500 $0 $4,808 Phase 8: Construction Support Services

8.1 Attend the pre-construction meeting, job walk and job-site meetings $0 56 $8,960 6 $618 $0 10 $1,480 $0 $0 72 $11,058 $300 $300 $520 $11,878

8.2 Provide response to contractor's request for information (RFI's) 5 $920 14 $2,240 15 $1,545 $0 12 $1,776 2 $296 4 $356 52 $7,133 $500 $500 $7,633

8.3 Review and approve shop drawings $0 10 $1,600 14 $1,442 $0 14 $2,072 $0 $0 38 $5,114 $1,000 $1,000 $6,114

8.4 Prepare punchlist from final walkthrough for Contractor's completion $0 8 $1,280 $0 $0 8 $1,184 $0 $0 16 $2,464 $0 $40 $2,504 Subtotal 5 $920 88 $14,080 35 $3,605 0 $0 44 $6,512 2 $296 4 $356 178 $25,769 $300 $1,500 $1,800 $560 $28,129 Phase 9: Prepare Record Drawings (As-Builts)

9.1 Provide City with a complete set of revised original tracings showing asbuilt conditions based on As built record drawings provided by the contractor and City's construction manager.
$0 2 $320 $0 $0 18 $2,664 $0 $0 20 $2,984 $2,768 $2,768 $700 $6,452 Subtotal 0 $0 2 $320 0 $0 0 $0 18 $2,664 0 $0 0 $0 20 $2,984 $2,768 $0 $2,768 $700 $6,452 62 $11,408 504 $80,640 529 $54,487 112 $12,208 460 $68,080 21 $3,108 47 $4,183 1735 $234,114 $45,494 $14,400 $59,894 $7,695 $301,703 $301,703

SUBTOTAL

TOTAL PROJECT COSTS
MIG, Inc. City of Pico Rivera - Major Corridors Median Parkway Beautification Project | Fee Proposal

EXHIBIT C

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

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.

EXHIBIT D

MANDATORY FISCAL AND FEDERAL PROVISIONS

ARTICLE I INTRODUCTION
(Deleted)
ARTICLE II CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the CITY’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 CITY’s Contract Administrator, as needed, to discuss progress on the AGREEMENT.

ARTICLE III STATEMENT OF WORK
A. CONSULTANT Services
See Exhibit A of Agreement

ARTICLE IV PERFORMANCE PERIOD
A. See Section 3 of the Agreement

ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. CONSULTANT will be reimbursed for hours worked at the hourly rates specified in the CONSULTANT’s approved Cost Proposal. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this AGREEMENT. CONSULTANT will be reimbursed within thirty (30) days upon receipt by CITY’s Contract Administrator of itemized invoices in duplicate.

B. In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved Cost Proposal and identified in the approved Cost Proposal and in the executed Task Order.

C. Specific projects will be assigned to CONSULTANT through issuance of Task Orders.

D. After a project to be performed under this AGREEMENT is identified by CITY, CITY will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a LOCAL AGENCY Project Coordinator. The draft Task Order will be delivered to CONSULTANT for review. CONSULTANT shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount.

After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both LOCAL AGENCY and CONSULTANT.

E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in CONSULTANT’s approved Cost Proposal. CONSULTANT shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. CONSULTANT is responsible for paying the appropriate rate, including escalations that take place during the term of the AGREEMENT.

F. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. CONSULTANT will be responsible for transportation and subsistence costs in excess of State rates.

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

H. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred.

I. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY’S Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this AGREEMENT.

J. A Task Order is of no force or effect until returned to LOCAL AGENCY and signed by an authorized representative of LOCAL AGENCY. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by LOCAL AGENCY.

K. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number, project title and Task Order number. Credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase, must be reimbursed by CONSULTANT prior to the expiration or termination of this AGREEMENT. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:

City of Pico Rivera
Contract Administrator, Assistant Engineer
6615 Passons Blvd.

Pico Rivera, California 90660
L. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this AGREEMENT.

M. The total amount payable by LOCAL AGENCY for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by amendment.

N. If CONSULTANT fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.

O. Task Orders may not be used to amend the language (or the terms) of this AGREEMENT nor to exceed the scope of work under this AGREEMENT.

P. The total amount payable by LOCAL AGENCY for all Task Orders resulting from this AGREEMENT shall not exceed $ (301,703.00). It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this AGREEMENT through Task Orders.

Q. VI TERMINATION
A. See Section 22 of the Agreement.

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.

C. In addition to right to terminate or suspend the AGREEMENT contained herein, if CONSULTANT fails to perform any of the obligations under this AGREEMENT, CITY may, in its sole discretion, require CONSULTANT to cure any deficiencies in its performance by providing a Notice of Cure in compliance with Section 20 of the AGREEMENT, specifying the applicable cure period to perform the requested cure items. If CONSULTANT does not provide such a cure prior to the expiration of the cure period, CONSULTANT shall be liable for the cost and expense incurred by CITY as a result of such default, including but not limited to the costs and expense associated with obtain a replacement CONSULTANT to complete the Statement of Work. This provision shall not be interpreted to limit any administrative or civil penalties, sanctions, or remedies CITY may have under the CITY’s municipal code or under any applicable laws.

ARTICLE VII 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 VIII 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 and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. 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 IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by CITY’S Director of Finance.

B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by CITY’S Director of Finance 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.

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 X 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.

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.

ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES 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 XII 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.

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.

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:
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 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 XIII 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 XIV 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 XV PROHIBITION OF EXPENDING CITY, STATE, OR FEDERAL FUNDS FOR

LOBBYING
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:

1. No State, Federal, or CITY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

ARTICLE XVI 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 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 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 XVII 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 (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.

ARTICLE XVIII 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 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 at date of proposal opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes or work code applicable to the type of work the firm will perform on the contract. Additionally, the CONSULTANT is responsible to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civil-rights/dbesearch.

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 towards 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 0%. 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.

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.

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.

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.

ARTICLE XIX INSURANCE
A. See Section 16 of the Agreement

ARTICLE XX 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 CITY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or CITY 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. CITY 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 XXI CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties unless otherwise provided for in the Agreement.

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

ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, CITY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

ARTICLE XXIII 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 fortyfive (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 CITY’s Contract Administrator and Public Works Director, who may consider written or verbal information submitted by CONSULTANT.

B. Not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review by CITY 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 XXIV INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit CITY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.

ARTICLE XXV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by CITY Safety Officer and other CITY 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, CITY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code.

CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.

ARTICLE XXVI 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. CITY 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 XXVII CLAIMS FILED BY CITY’s CONSTRUCTION CONTRACTOR A. If claims are filed by CITY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with CITY’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

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

Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.

C. Services of CONSULTANT’s personnel in connection with CITY’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.

ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to CITY’s operations, which are designated confidential by CITY 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 CITY 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 CITY’s actions on the same, except to CITY’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 CITY, and receipt of CITY’S written permission.

E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.

F. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than CITY, 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 XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION 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 XXX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by CITY. 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.

ARTICLE XXXI PROMPT PAYMENT FROM THE CITY TO CONSULTANT The CITY shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the CITY fails to pay promptly, the CITY shall pay interest to the contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, the CITY shall act in accordance with both of the following:
(1) Each payment request shall be reviewed by the CITY as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request. (2) Any payment request determined not to be a proper payment request suitable for payment shall be returned to CONSULTANT as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.

ARTICLE XXXII TITLE VI ASSURANCES
APPENDICES A - E of the TITLE VI ASSURANCES
The U.S. Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation contracts between an agency and a consultant to contain Appendices A and E of the Title VI Assurances. Include Appendices B, C, and D if appliable as shown below. In addition, the consultant must include the Title VI Assurances Appendices A and E, and if applicable Appendices B, C, and D in all subcontracts to perform work under the contract.

The clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a CITY.

The clauses set forth in Appendix C and Appendix D of this Assurance shall be included as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the CITY with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information.
e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement
sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONSULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.

APPENDIX B

CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
(Not Applicable)

APPENDIX C

CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE

ACTIVITY, FACILITY, OR PROGRAM
(Not Applicable)

APPENDIX D

CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE

ACTIVITY, FACILITY OR PROGRAM
(Not Applicable)

APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:

Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part

21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

ARTICLE XXXIII COMPLIANCE WITH LAWS
CONSULTANT agrees that it shall perform all duties and obligations under this AGREEMENT in compliance with all applicable laws including, but not limited to, all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387) as applicable. Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

To: Mayor and City Council
From: City Manager
Meeting Date: September 27, 2022
Subject: ROSEMEAD BOULEVARD MEDIAN AND PARKWAY
BEAUTIFICATION PROJECT (CIP NO. 50076); CCL5351(042) - AWARD PROFESSIONAL AGREEMENT FOR

DESIGN AND CONSTRUCTION SUPPORT SERVICES
Recommendation:

1. Award a Professional Services Agreement to Moore Iacofano Goltsman, Inc. (MIG Inc.) to provide design and construction support services for the Rosemead Boulevard Median and Parkway Beautification Project (CIP No. 50076); CCL5351(042) for an amount not-to-exceed $247,032; and

2. Authorize the City Manager to execute the agreement in a form approved by the City Attorney.

Fiscal Impact:

The total project cost is estimated at $5,221,557 including design, construction, and construction management. The Clean California Local Grant Funds (Fund 699 – Account No. 699.70.7300.54500-50076) will contribute a maximum of $3,916,167 to the project. The City’s local match will be $1,305,390, including $850,000 from Proposition C (Fund 206 – Account No. 206.70.7300.54500-50076) and $455,390 in General Funds (Fund 400 – Account No. 400.70.7300.54500-50076) as part of the FY 2022-23 Approved Budget. No budget adjustment is needed.

Discussion:

The California Department of Transportation (Caltrans) developed the Clean California Local Grant Program (CCLGP) to provide approximately $296 million to beautify and improve local streets and roads, tribal lands, parks, pathways, transit centers, and other public spaces. The goal is to reduce the amount of waste and debris within public rights-of-ways, parks, transit centers, and other public spaces; enhance, rehabilitate, restore, or install measures to beautify and improve public spaces and mitigate the urban heat island effect; enhance public health, cultural connection, and community placemaking by improving spaces for walking and recreation; and advance equity for underserved communities.
11 CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 27, 2022

ROSEMEAD BOULEVARD MEDIAN AND PARKWAY BEAUTIFICATION PROJECT (CIP NO. 50076); CCL-5351(042) - AWARD PROFESSIONAL AGREEMENT FOR

DESIGN AND CONSTRUCTION SUPPORT SERVICES

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Pico Rivera City CouncilSeptember 27, 2022

Pico Rivera City Council
September 27, 2022