Pico Rivera City Council
September 27, 2022

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 Rosemead Boulevard Median and Parkway Beautification Project for an estimated total cost of $5,221,557, which includes $3,916,167 million in grant funds and a 25% local match of $1,305,390.

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 Rosemead Boulevard Median and Parkway Beautification Project. 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 four (4) 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
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 Rosemead Boulevard 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 Rosemead Boulevard 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

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

DESIGN AND CONSTRUCTION SUPPORT SERVICES

decomposed granite, boulders, cobble stone, iron fence, 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 Rosemead Boulevard Median and Parkways Beautification Project, CIP No. 50076, for an amount not-to-exceed of $247,032 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 Rosemead Boulevard Median Beautification Project (CIP No. 50076); CCL-5351(042).

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 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

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.

ENCLOSURE 1
11a
Professional Services Agreement
MIG, INC., - ROSEMEAD BOULEVARD MEDIAN BEUTIFICATION PROJECT (CIP NO. 50076); CCL-5351(042)

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 Two Hundred Forty-Seven Thousand Thirty Two dollars ($247,032.00) 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

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 Professional Services Agreement
MIG, INC.,- ROSEMEAD BOULEVARD MEDIAN BEUTIFICATION PROJECT (CIP NO. 50076); CCL-5351(042)

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.

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.

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

12. INDEPENDENT CONTRACTOR

12.1 Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its Professional Services Agreement
MIG, INC.,- ROSEMEAD BOULEVARD MEDIAN BEUTIFICATION PROJECT (CIP NO. 50076); CCL-5351(042)

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.

Professional Services Agreement
MIG, INC.,- ROSEMEAD BOULEVARD MEDIAN BEUTIFICATION PROJECT (CIP NO. 50076); CCL-5351(042)

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 Professional Services Agreement
MIG, INC.,- ROSEMEAD BOULEVARD MEDIAN BEUTIFICATION PROJECT (CIP NO. 50076); CCL-5351(042)

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:

Professional Services Agreement
MIG, INC.,- ROSEMEAD BOULEVARD MEDIAN BEUTIFICATION PROJECT (CIP NO. 50076); CCL-5351(042)

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 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.

16.3 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.

Professional Services Agreement
MIG, INC.,- ROSEMEAD BOULEVARD MEDIAN BEUTIFICATION PROJECT (CIP NO. 50076); CCL-5351(042)

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 Professional Services Agreement
MIG, INC.,- ROSEMEAD BOULEVARD MEDIAN BEUTIFICATION PROJECT (CIP NO. 50076); CCL-5351(042)

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
Steve Lang, Principal
MIG, Inc.
109 W. Union Avenue
Fullerton, CA 92832
Professional Services Agreement
MIG, INC.,- ROSEMEAD BOULEVARD MEDIAN BEUTIFICATION PROJECT (CIP NO. 50076); CCL-5351(042)

With a courtesy copy to:

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

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

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

22. TERMINATION

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

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

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

24. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY

24.1 In the performance of this Agreement, Consultant shall not discriminate against any employee, subconsultant, or employment applicant because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. Consultant will take affirmative action Professional Services Agreement
MIG, INC.,- ROSEMEAD BOULEVARD MEDIAN BEUTIFICATION PROJECT (CIP NO. 50076); CCL-5351(042)

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.

Professional Services Agreement
MIG, INC.,- ROSEMEAD BOULEVARD MEDIAN BEUTIFICATION PROJECT (CIP NO. 50076); CCL-5351(042)

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

27. NON-WAIVER

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

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

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

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

29. SEVERABILITY
If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not Professional Services Agreement
MIG, INC.,- ROSEMEAD BOULEVARD MEDIAN BEUTIFICATION PROJECT (CIP NO. 50076); CCL-5351(042)

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

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

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

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

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

33. MANDATORY FISCAL AND FEDERAL PROVISIONS
Consultant acknowledges that the funding associated with the Scope of Services under this Agreement requires compliance with the provisions the California Department of Transportation’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.,- ROSEMEAD BOULEVARD MEDIAN BEUTIFICATION PROJECT (CIP NO. 50076); CCL-5351(042)

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.

Proposal | August 18, 2022
Rosemead Boulevard
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 Rosemead Boulevard Median and Parkway Beautification
Dear Mr. Ackerman and Selection Committee Members:

With the Rosemead Boulevard Beautification Project, Pico Rivera is reinvesting in this significant gateway and arterial that passes through the middle of the City. The enhanced street medians and parkways will have a major effect on the character and quality of the public realm associated with this corridor.

The MIG Team is ideally suited for this project. We bring proven, in-depth experience in urban and landscape design, dynamic in-house graphic design, and communication capabilities to the project. Our passion is to create public spaces that capture the community’s spirit and have a special resonance by connecting people to people and people to place. Our 40 years in business and $1 billion worth of public improvements in the ground will be an asset to the City. We consider ourselves an extension of your staff.

Our Fullerton office that is 17 miles from City Hall, facilitating convenient and prompt access during the design process.

We know Pico Rivera. MIG has previously provided landscape design services to the City of Pico Rivera at Pico Park, the Park frontage medians along Beverly Boulevard, City monument sign, and a campground conceptual study for a potential re-envisioned Sports Arena campground.

As a principal with the firm since 1991, I 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 be considered for this transformative Rosemead Boulevard enhancement project and further 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 | Rosemead Boulevard 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 problem-solving 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 crossgenerational, 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
4 City of Pico Rivera | Rosemead Boulevard Median and Parkway Beautification » Irrigation Design/Water Auditing/Water Ordinances
» Universal Design and Accessibility
» 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 JMDiaz to provide engineering and
survey services based on the firm's 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
City of Pico Rivera | Rosemead Boulevard 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 and infrastructure, civil, and transportation
engineering, that will collectively contribute to the
success of the project’s 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 this project 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
Deepak Solanki, JMD

INFRASTRUCTURE ENGINEERING/
SURVEY

ORGANIZATION CHART

TECHNICAL EXPERTISE
Identified in the organizational chart below, the MIG
Team is composed of highly qualified streetscape
designers, landscape architects, irrigation 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 | Rosemead Boulevard 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 | Rosemead Boulevard 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 | Rosemead Boulevard 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 | Rosemead Boulevard Median and Parkway Beautification 9 Dino Viale, ASIC
IRRIGATION SPECIALIST | MIG
Dino Viale is a detail-oriented, self-motivated
professional in the landscape and irrigation industry.

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 that save
water.

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
» Alderwood Mall, Lynnwood, WA
» Asian Art Museum, San Francisco, CA
» Cherryland Community Center, Alameda, CA
» CHP Crescent City, Crescent City CA
» Chrissy Field Restoration, San Francisco, CA
» Gamma Street Park, San Diego, CA
» Laguna Niguel Regional Park, Orange County, CA
» Lambert Park - Phase 1 and 2, El Monte, CA
» Orion Park, Chula Vista, CA
» Salinas Public Safety Center, Salinas, CA
» Skyline Hill Park, San Diego, CA
» Ventura Community Park, Ventura, CA
» Villa Monserate Park ADA Improvements,
San Diego, 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, California State
Polytechnic University, Pomona
» 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 from 300’ South of
Pacific Coast Highway to Anaheim Street,
Los Angeles, CA
» Compton Boulevard, HSIP Cycles 7 and 8 Safety
Enhancement Projects, Compton, CA
» Design, Construction Management, and Inspection for
Local Streets Rehabilitation Program – Phase I, Zone
24 and Miscellaneous Streets, Norwalk, CA
» Alameda Corridor East San Gabriel Trench Grade
Separation Project, San Gabriel, CA
» Local Streets Rehabilitation Program – Phase 2, Zone
3, Norwalk, CA
» City of Glendora On-Call Engineering Services,
Glendora, CA
10 City of Pico Rivera | Rosemead Boulevard Median and Parkway Beautification 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

SELECTED PROJECT EXPERIENCE
» Compton Boulevard, HSIP Cycles 7 and 8 Safety
Enhancement Projects, Compton, CA
» Design, Construction Management, and Inspection for
Local Streets Rehabilitation Program – Phase I, Zone
24 and Miscellaneous Streets, Norwalk, CA
» TOS 19 - Alameda Street Widening from 300’ South of
Pacific Coast Highway to Anaheim Street,
Los Angeles, CA
» Local Streets Rehabilitation Program – Phase 2, Zone
3, 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

CURRENT WORKLOAD & CAPACITY
With over 250 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%
City of Pico Rivera | Rosemead Boulevard 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 | Rosemead Boulevard 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 | Rosemead Boulevard Median and Parkway Beautification 13 14 City of Pico Rivera | Rosemead Boulevard 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 | Rosemead Boulevard Median and Parkway Beautification 15 16 City of Pico Rivera | Rosemead Boulevard 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 | Rosemead Boulevard Median and Parkway Beautification 17 18 City of Pico Rivera | Rosemead Boulevard 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 | Rosemead Boulevard Median and Parkway Beautification 19 20 City of Pico Rivera | Rosemead Boulevard 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 | Rosemead Boulevard Median and Parkway Beautification 21 22 City of Pico Rivera | Rosemead Boulevard 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 | Rosemead Boulevard 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
West Capitol Avenue, West Sacramento zzz z z z z z z z z z z z z Firestone Boulevard Streetscape and Median, Downey zzz z z z z z z z z z Beverly Boulevard Streetscape Median, Pico Rivera zzz 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 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 | Rosemead Boulevard Median and Parkway Beautification Understanding
MIG understands and appreciates Pico Rivera’s desire
to beautify and enhance the medians and parkways of
your longest major arterial, Rosemead Boulevard. As the central north – south travel corridor through the city, the boulevard provides a strong impression of the health
and vitality of your city. It is a main path 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 this major streetscape and transition it into a sustainable landscape that is successful, healthy, flexible, and contributes more to the quality of life in your city.

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
along Rosemead Boulevard that are transformative
and promote community pride and support. Rosemead
Boulevard landscape enhancements must be both
beautiful and resource-conscious, making a perceived
and real difference. With community involvement in the
design process and the sense of ownership 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 Rosemead Boulevard, as well
as the Major Corridors project, will demonstrate Pico
Rivera’s commitment to enhancing the aesthetics of
the City's major arterials, while conserving natural and human resources with sustainable landscape solutions.

We will bring your vision into reality with 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 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. The MIG Team will perform agronomic and
percolation tests to confirm soil fertility, water infiltration, and recommended soil amendments.

MIG is grounded in regenerative landscape principles
that consider soil health and drainage conditions in
the median planters as well as appropriate droughttolerant, 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 avoid contributing to the heat island effect by minimizing the use of heat-retaining materials City of Pico Rivera | Rosemead Boulevard Median and Parkway Beautification 25 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
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 locations to showcase art elements that
reflect the Pico Rivera community. Our leaf sculptures
at Dixieanne Green Street in Sacramento exemplify
providing a signature element for that street and
neighborhood, which sets it apart from others.

We understand that there will be multiple departments
involved in 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 (RFI’s) 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 is as designed.

We participate in the final walkthrough and prepare a
punchlist 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 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 the MIG
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 | Rosemead Boulevard 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 affected utility companies and adjacent agencies of
the need to install planned facilities in the area of the project.

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 of when 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 | Rosemead Boulevard 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 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. 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% specifications 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 | Rosemead Boulevard Median and Parkway Beautification TASK 7 – PROJECT ADVERTISEMENT SERVICES

1. Respond to Requests for Information (RFI’s)

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 provided 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
We place a strong emphasis on 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.

Your credibility with stakeholders and the public
depends upon timely, high-quality products. 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 subconsultant 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 | Rosemead Boulevard 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 | Rosemead Boulevard 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 | Rosemead Boulevard 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 ROSEMEAD BOULEVARD
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 $727 $727 $40 $1,959

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 16 $1,648 $0 $0 $0 $0 52 $7,552 $0 $7,552

1.6 Proactively iniitate communications between design team and City staff throughout the design process $0 30 $4,800 $0 $0 $0 6 $888 $0 36 $5,688 $0 $5,688

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 $2,208 182 $29,120 26 $2,678 0 $0 0 $0 6 $888 10 $890 236 $35,784 $727 $727 $80 $36,591 Phase 2: Agency and Utility Coordination

2.1 Coordinate with utility companies 2 $368 8 $1,280 $0 $0 2 $296 $0 $0 12 $1,944 $271 $271 $2,215

2.2 Prepare initial request for utility information $0 3 $480 $0 $0 $0 $0 $0 3 $480 $271 $271 $751

2.3 Coordinate with utilities to implement upgrades to facilities $0 6 $960 $0 $0 $0 $0 $0 6 $960 $271 $271 $1,231

2.4 Review utility information to determine impact of project 3 $552 6 $960 $0 $0 $0 $0 $0 9 $1,512 $271 $271 $1,783

2.5 Review any high hazard/high pressure utilities for project impacts $0 6 $960 $0 $0 $0 $0 $0 6 $960 $271 $271 $1,231

2.6 Lead efforts to identify ownership of unknown utility line $0 4 $640 $0 $0 $0 $0 $0 4 $640 $271 $271 $911

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 $2,250 $5,401

2.8 Maintain a utility contact matrix documenting contact, issues, etc. $0 5 $800 $0 $0 $0 $0 $0 5 $800 $271 $271 $1,071 Subtotal 5 $920 56 $8,960 0 $0 0 $0 2 $296 0 $0 0 $0 63 $10,176 $2,168 $2,168 $2,250 $14,594 Phase 3: Preliminary Engineering

3.1 Records Research and Field Reviews of Water Services, Irrigation, Soils $0 8 $1,280 12 $1,236 4 $436 6 $888 $0 $0 30 $3,840 $0 $6,982 $10,822

3.2 Prepare Field Condition Assessment Memo 2 $368 8 $1,280 $0 8 $872 2 $296 $0 2 $178 22 $2,994 $0 $40 $3,034

3.3 Design Review field mtgs. w/ City staff to review existing conditions and technical issues $0 4 $640 6 $618 $0 4 $592 $0 $0 14 $1,850 $0 $40 $1,890

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 1 $184 6 $960 24 $2,472 8 $872 $0 $0 $0 39 $4,488 $0 $4,488

3.6 Prepare, plans, median sections, renderings, photo simulations and exhibits for presentation to stakeholders, advisory committee, comissions, and City Council
2 $368 20 $3,200 56 $5,768 28 $3,052 $0 $0 2 $178 108 $12,566 $0 $560 $13,126

3.7 Prepare initial opinion of probable costs (OPC) of draft concepts 1 $184 3 $480 10 $1,030 $0 $0 2 $296 $0 16 $1,990 $0 $40 $2,030

3.8 Present concepts at public outreach meeting 2 $368 4 $640 8 $824 6 $654 $0 $0 $0 20 $2,486 $0 $100 $2,586

3.9 Incorporate input from public, City comissions and Council into refined concept plans. 3 $552 8 $1,280 20 $2,060 12 $1,308 $0 $0 2 $178 45 $5,378 $0 $5,378

3.10 Present final conceptual plans to City comissions and City Council for approval to proceed with Final Engineering plans 3 $552 6 $960 10 $1,030 $0 $0 $0 $0 19 $2,542 $0 $1,000 $3,542 Subtotal 15 $2,760 71 $11,360 146 $15,038 66 $7,194 16 $2,368 2 $296 8 $712 324 $39,728 $0 $0 $8,762 $48,490 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. 6 $1,104 38 $6,080 146 $15,038 24 $2,616 160 $23,680 2 $296 8 $712 384 $49,526 $16,323 $16,323 $2,250 $68,099 p r o j e c t c o s t
MIG, Inc. Subconsultants
Dino Viale Direct
Costs
Steven Lang Sharyn Tanner
Deputy Project Landscape Architect Irrigation Designer Project Accountant Manager
Donna Gutierrez Professional
Fees
Totals MIG
Totals
JMDiaz
Civil Eng
Sub
Totals
Lauren Salas
Project Manager Administratve Ass't
Oscar Johnson Melissa Butler
Principal-in-Charge
MIG, Inc. City of Pico Rivera - Rosemead Boulevard | Fee Proposal EXHIBIT "B"
City of Pico Rivera I ROSEMEAD BOULEVARD
9/12/2022
p r o j e c t c o s t
MIG, Inc. Subconsultants
Dino Viale Direct
Costs
Steven Lang Sharyn Tanner
Deputy Project Landscape Architect Irrigation Designer Project Accountant Manager
Donna Gutierrez Professional
Fees
Totals MIG
Totals
JMDiaz
Civil Eng
Sub
Totals
Lauren Salas
Project Manager Administratve Ass't
Oscar Johnson Melissa Butler
Principal-in-Charge

4.2 Provide NPDES program compliance and erosion control plans 1 $184 2 $320 $0 $0 $0 $0 $0 3 $504 $5,790 $5,790 $6,294

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 2 $320 $0 $0 4 $592 $0 $0 8 $1,280 $0 $0 $1,280

4.5 Provide 100% plans including electronic files in City-approved format 1 $184 14 $2,240 24 $2,472 $0 21 $3,108 1 $148 1 $89 62 $8,241 $248 $248 $520 $9,009 Subtotal 11 $2,024 58 $9,280 170 $17,510 24 $2,616 185 $27,380 3 $444 9 $801 460 $60,055 $38,684 $38,684 $2,770 $101,509 Phase 5: Cost Estimates

5.1 Prepare cost estimate at concept, 65%, 95% and 100% completion milestone 4 $736 7 $1,120 15 $1,545 $0 6 $888 3 $444 1 $89 36 $4,822 $0 $4,822 Subtotal 4 $736 7 $1,120 15 $1,545 0 $0 6 $888 3 $444 1 $89 36 $4,822 $0 $0 $0 $4,822 Phase 6: Specifications

6.1 Prepare Technical Special Provisions per City's requirements for bidding 1 $184 2 $320 4 $412 3 $327 7 $1,036 $0 3 $267 20 $2,546 $948 $948 $3,494

6.2 Special Provisions at 95% and 100% completion milestone 1 $184 2 $320 2 $206 $0 2 $296 $0 2 $178 9 $1,184 $948 $948 $2,132

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 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0
Subtotal 2 $368 6 $960 8 $824 3 $327 11 $1,628 0 $0 7 $623 37 $4,730 $1,896 $1,896 $0 $6,626 Phase 7: Project Advertisement Services

7.1 Respond to Request for Information (RFI's) $0 7 $1,120 4 $412 $0 3 $444 $0 $0 14 $1,976 $0 $1,976

7.2 Prepare project addenda at the direction of the City (3) $0 7 $1,120 2 $206 $0 2 $296 $0 $0 11 $1,622 $0 $1,622 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0
Subtotal 0 $0 14 $2,240 6 $618 0 $0 5 $740 0 $0 0 $0 25 $3,598 $0 $0 $0 $3,598 Phase 8: Construction Support Services ( 1 year)

8.1 Attend the pre-construction meeting, job walk and job-site meetings $0 60 $9,600 6 $618 $0 10 $1,480 $0 $0 76 $11,698 $0 $570 $12,268

8.2 Provide response to contractor's request for information (RFI's) 6 $1,104 14 $2,240 8 $824 $0 12 $1,776 1 $148 2 $178 43 $6,270 $0 $6,270

8.3 Review and approve shop drawings & submittals $0 8 $1,280 16 $1,648 12 $1,308 10 $1,480 $0 $0 46 $5,716 $0 $5,716

8.4 Prepare punchlist from final walkthrough for Contractor's completion 1 $184 5 $800 $0 $0 4 $592 1 $148 $0 11 $1,724 $0 $40 $1,764 Subtotal 7 $1,288 87 $13,920 30 $3,090 12 $1,308 36 $5,328 2 $296 2 $178 176 $25,408 $0 $0 $610 $26,018 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 5 $515 $0 9 $1,332 $0 $0 16 $2,167 $2,117 $2,117 $500 $4,784

9.2 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0
Subtotal 0 $0 2 $320 5 $515 0 $0 9 $1,332 0 $0 0 $0 16 $2,167 $2,117 $2,117 $500 $4,784 56 $10,304 483 $77,280 406 $41,818 105 $11,445 270 $39,960 16 $2,368 37 $3,293 1373 $186,468 $45,592 $45,592 $14,972 $247,032 TOTAL PROJECT COSTS $247,032

SUBTOTAL
MIG, Inc. City of Pico Rivera - Rosemead Boulevard | Fee Proposal

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.

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 $ (247,032.00). 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: URGENT REPAIR OF TELEGRAPH ROAD BRIDGE OVER
RIO HONDO CHANNEL, BRIDGE NO. 53C0156 (0993) –
(CIP NO. 50096)
Recommendation:

1. Authorize the award to complete a Basis of Design Report for the pre-design of needed bridge repairs and report back to City Council with the scope of proposed bridge repairs, including anticipated total project costs and schedule; and

2. Amend the fiscal year (FY) 2022-23 Adopted Budget by appropriating funding in the amount of $30,092 in Measure R Funds (Fund 207) to Account No. 207.70.7300-54500-CIP50096 and appropriate $30,092 in Capital Improvement Fund (Fund 400) to Account No.400.70.7300-54500-CIP50096.

Fiscal Impact:

The FY 2022-23 Adopted Budget will require an appropriation of funds in the amount of $60,184 for the cost of the pre-design of the needed bridge repairs. An appropriation in the amount of $30,092 in in Measure R Funds (Fund 207) to Account No. 207.70.7300- 54500-CIP50096 for our 50% share of the costs and an appropriation of $30,092 in Capital Improvement Funds (Fund 400) to Account No. 400.70.7300-54500-CIP50096 for the remaining 50% that will be reimbursed by the cities of Downey and Commerce.

Discussion:

The Telegraph Road Bridge over the Rio Hondo Channel is within three (3) adjoining jurisdictions: City of Pico Rivera (50%), City of Downey (27%) and City of Commerce (23%). The City of Pico Rivera has met with the adjoining cities and they have agreed to reimburse the City of Pico Rivera, proportionally per their share of ownership, for costs associated with the pre-design of the needed bridge repairs. Additionally, the cities are currently working on a long-term Bridge Maintenance Agreement for future costs associated with repair and maintenance of the bridge.
12 CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 27, 2022

URGENT REPAIR OF TELEGRAPH ROAD BRIDGE OVER RIO HONDO CHANNEL, BRIDGE NO. 53C0156 (0993) – (CIP NO. 50096)

The underside of Abutment No.1 of the Telegraph Road Bridge over the Rio Hondo Channel experienced a fire in March 2022. As a result of the damage, Caltrans has downgraded the Load Permit Rating of this bridge.

The County of Los Angeles Department of Public Works (LACDPW) has informed Public Works that the structural repair of the bridge is the responsibility of the local jurisdictions.

LACDPW recommends that the damaged pile be sawcut/removed and replaced with a reinforced concrete pile (cast in place). The rebars of the new concrete pile would need to be doweled into the pile cap. This may require excavation around the pile and additional excavation/shoring at the embankment in front of the pile. Additional grouted rip-rap for the entire embankment from cap to toe of slope is also recommended by LACDPW to prevent future erosion or loss of fill. Additional maintenance needs identified by the LACDPW inspection include: perform deck seal on entire deck, replace all pourable joint seals, repair all damaged guardrails and handrails, remove dirt and debris from sidewalks, repaint steel girders, remove transient trash and debris from underneath to reduce the risk of future potential fires, pour a concrete slurry backfill at the east abutment.

On June 15, 2022, a Request for Task Proposals (RFTP) to provide engineering services for the Project was issued to all consultants on the City’s engineering services on-call list.

On July 20, 2022, a total of one (1) proposal was received. A technical panel consisting of three (3) City staff engineers reviewed the proposal. The technical panel used qualifications-based selection criteria to evaluate the consultant, as outlined in the RFTP.

The consultant ranking summary is as follows:

Consultant Ranking Score
Willdan Engineering 1
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 27, 2022

URGENT REPAIR OF TELEGRAPH ROAD BRIDGE OVER RIO HONDO CHANNEL, BRIDGE NO. 53C0156 (0993) – (CIP NO. 50096)

Based on qualifications, experience and availability of personnel provided in the proposals, Willdan Engineering was the sole-highest ranked consultant. Willdan Engineering’s proposal is for a total cost not-to-exceed $131,060 and is broken into two (2) parts:
• Task 1 - Investigations and Basis of Design Report ($60,184) • Task 2 – Preparation of Plans, Specifications and Estimates ($70,876 anticipated) In order to advance the needed repairs, staff recommends an initial budget of $60,184 in order to award Task 1 to Willdan Engineering. Once the Basis of Design Report is completed, Public Works will be able to report back to Council with a well-defined scope, budget, and schedule to complete the needed repairs.

Conclusion:

Due to the urgent-need to mitigate safety concerns and prevent further damage to the public bridge, staff recommends the appropriation of $60,184; $30,092 in Measure R Funds (Fund 207) and $30,092 in Capital Improvement Funds (Fund 400), and the authorization to award Task 1 - Investigations and Basis of Design Report to Willdan Engineering, using their existing on-call contract for design services, under Agreement No. 20-1944.

Steve Carmona
SC:TR:GE:np
Enclosure: 1) Proposal
July 20, 2022
City of Pico Rivera
Public Works Department
6615 Passons Boulevard
Pico Rivera, CA 90660
Attention: Gene Edwards, PE, Senior Engineer | Submitted via email: [email protected] Subject: Request for Task Proposal (RFTP) for Design Services Telegraph Avenue Bridge Over Rio Hondo Channel Repairs
Bridge No. 530156 (0993)
Dear Mr. Edwards:

The City of Pico Rivera is seeking consultants to provide Professional Engineering Services for Telegraph Avenue Bridge over Rio Hondo Channel Repairs. Willdan brings the following strengths ƒ Expertise, Experience, and Certifications in the Fields Necessary to Execute the Project. Mr. Tyrone Peter, PE, will serve as Project Manager and the City's main point of contact for this task. His 13 years of comprehensive public works experience is focused on the design, and construction support of civil infrastructure, bridge upgrades, traffic, reconstruction, rehabilitation, landscape architecture, utility relocation, drainage, and wastewater projects. ƒ City of Pico Rivera and County of Los Angeles Knowledge. Willdan has demonstrated strong performance for the City of Pico Rivera for over 28 years. We are highly familiar with the City's policies, procedures, funding resources, guidelines, and standards – enabling us to quickly initiate projects, respond appropriately to City staff input and/or concerns, and comply with County of Los Angeles standards and procedures.
ƒ Superior Bridge Expertise. Willdan is teaming with NRV to deliver specialized expertise from bridge experts – Principal Robert Valentine, PE, commenced his consulting practice in 1986. He has a strong bridge design background and is the designer of the Napa River Bridge and HOV Viaduct No. 2 on I-110 in Los Angeles. Mr. Valentine also has a strong background with Caltrans and is completely versed in their procedures – often serving as an SME on challenging Caltrans bridge projects.

NRV has completed 36 bridge designs in CIP balanced cantilever construction both domestically and abroad. Willdan’s Gary Gordon, PE, our Structural Group Leader, will work closely with Mr. Valentine and provide best practices and state-of-theart methods in structural engineering that will deliver the best solution for the Telegraph Avenue Bridge over Rio Hondo Channel project.
ƒ Project and Implementation Plan and Approach. Willdan will review the site conditions and as-built plans and develop potential repair strategies for the City’s consideration. Willdan will coordinate with City staff to ensure the repair options satisfy the City’s long-term goals and maintenance needs. ƒ Cost-effective Project Delivery. Willdan and NRV have extensive experience developing and delivering cost-effective solutions, as we have documented in our project experience section.

We are confident our highly qualified technical staff, coupled with our City of Pico Rivera project experience, provide the best advantages for the City. We hope we have conveyed our sincere and passionate interest in continuing our working relationship with the City by providing exemplary services for this very important contract. If there are any questions regarding our services or submittal, please contact our proposed Project Manager, Mr. Tyrone Peter, PE, by mail at Willdan Engineering, 13191 Crossroads Parkway North, Suite 405, Industry, CA 91746; by phone at (562) 908-6200, extension 1457; by cell phone at (714) 393-1963; by fax at (562) 695-2120; or by email at [email protected].

Respectfully submitted,
Willdan Engineering
Vanessa Muñoz, PE, TE, PTOE
President/Director of Engineering
ENCLOSURE 1
12a
RFTP for Design Services Telegraph Avenue Bridge
Over Rio Hondo Channel Repairs Bridge No. 530156 (0993) 2 1. Qualifications
a. Expertise of the Fields Necessary to Execute the Proposal Willdan’s Relevant Bridge Experience
Willdan's Project Manager, Mr. Tyrone Peter, PE has chosen bridge engineering contracts that exemplify Willdan's expertise with services similar to the City's needs for the Telegraph Avenue Bridge Over Rio Hondo Channel project. The matrix below summarizes the identified disciplines and represents recent clients Willdan and its subconsultant NRV serves – or has served.

Project Client
Utility Coordination Right-of-Way Engineering and Acquisition Construction Support Grant Administration Structural Engineering Traffic Engineering Drainage Engineering Civil Engineering Materials Testing and Inspection Pavement Engineering Landscape Architecture

WILLDAN
Railroad Avenue Bridge City of Pinole ƒ ƒ ƒ ƒ
Del Obispo Bridge Widening City of San Juan
Capistrano
ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ
Mattole R BR on Briceland County of Mendocino ƒ ƒ ƒ ƒ ƒ ƒ ƒ Stony Creek Bridge Replacement on CR200A County of Glenn ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ County Road Z at Howard Slough Bridge Construction Management ServicesCounty of Glenn ƒ ƒ ƒ ƒ County Road 35 Walker Creek Low-Water
Crossing Bridge Replacement
County of Glenn ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ
County Road 35 Wilson Creek Low-Water
Crossing Replacement
County of Glenn ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ
County Road 67 over Howard Slough Four
Bridge Replacement Project; BR 11C0015 on
CR 67, BR 11C0016 on CR 67, BR 11C0017 on
CR 67, BR 11C0179 on CR 67
County of Glenn ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ
Prune Street Pedestrian Bridge Replacement
over Pinole Creek
City of Pinole ƒ ƒ ƒ ƒ ƒ ƒ ƒ
Hellman Avenue Bridge over Alhambra Wash
Reconstruction
City of Rosemead ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ
Indian Gulch Road Bridge Replacement County of Mariposa ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ Old Toll Road Bridge Replacement County of Mariposa ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ White Rock Road Bridge Replacement County of Mariposa ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ CR305 at Watson Creek Bridge County of Glenn ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ NRV (Structural Engineering |
Construction Support)
East Pine Street Overcrossing Repair RA Nemetz Construction / Caltrans, CA ƒ ƒ
Olivehurst Overcrossing Repair Golden State Bridge / Caltrans, CA ƒ ƒ Mark West Creek Bridge Repair Wikiup CSD, CA ƒ ƒ
County Road R at GCID Canal Repair Glenn County, CA ƒ ƒ RFTP for Design Services Telegraph Avenue Bridge
Over Rio Hondo Channel Repairs Bridge No. 530156 (0993) 3 Project Client
Utility Coordination Right-of-Way Engineering and Acquisition Construction Support Grant Administration Structural Engineering Traffic Engineering Drainage Engineering Civil Engineering Materials Testing and Inspection Pavement Engineering Landscape Architecture Devil’s Slide Bridge Caltrans / Disney Construction ƒ ƒ Galena Creek Bridge CC Meyers / Nevada DOT ƒ ƒ
Harbor Drive Pedestrian Bridge Reyes Construction / City of San Diego, CA ƒ ƒ Little Truckee River Bridge Sierra County, CA ƒ ƒ ƒ ƒ ƒ ƒ Miner’s Ravine Bridge CC Meyers / City of Roseville, CA ƒ ƒ Russian River Bridge CC Meyers / Caltrans ƒ ƒ
S.F. – Oakland Bay Bridge (ETI) TYLin / Caltrans ƒ ƒ
Benecia / Martinez Bridge TYLin / CH2M Hill / Caltrans ƒ ƒ S.F. – Oakland Bay Bridge (Skyway) TYLin / Moffitt Nichol / Caltrans ƒ ƒ Twin Cities Road Bridge Sacramento County, CA ƒ ƒ
Napa River Bridge Napa, CA ƒ ƒ
HOV Viaduct No. 2 on I-110 Los Angeles, CA ƒ ƒ
Gastineau Channel Bridge (620' Main Span) Juneau, AK ƒ ƒ Plymouth Avenue Bridge (320' Main Span) Minneapolis, MN ƒ ƒ Broadway Avenue Bridge (280' Main Span) Minneapolis, MN ƒ ƒ Jamestown Bridge (636' Main Span) Plymouth, RI ƒ ƒ
West Seattle Freeway (650' Main Span) Seattle, WA ƒ ƒ
Columbia River Bridge SR-182 (450' Main
Span)
Richland, WA ƒ ƒ
Columbia River Bridge (660' Main Span) Umatilla, WA ƒ ƒ Lake Washington Approaches (262' Maximum
Clear Span)
Seattle, WA ƒ ƒ
Piney Creek Bridge (350' Main Span) West Virginia ƒ ƒ
Beaver Creek Bridge (240' Main Span) West Virginia ƒ ƒ
Illinois River Bridge (550' Main Span) Illinois ƒ ƒ

RFTP for Design Services Telegraph Avenue Bridge
Over Rio Hondo Channel Repairs Bridge No. 530156 (0993) 4 b. Recent Relevant Experience of Team Members
The reference projects below highlight the services Willdan provides to select representative clientele. In addition, our team members offer extensive expertise with County of Los Angeles standards, guidelines, processes, and procedures. Through working with the County directly or by serving our Los Angeles County clients, our entire team offers strong backgrounds with County codes and regulations.

Cerritos Avenue Bridge over Coyote Creek Channel Rail Repair City of Los Alamitos
3191 Katella Avenue
Los Alamitos, CA 90720
Contact: Chris Kelly, PE
City Engineer
(562) 431-3538 Ext. 110
The Cerritos Avenue Bridge in the City of Los Alamitos had suffered damage to the end of the bridge rail in the median. The bridge is an older structure with dated bridge rails that are no longer available. Mr. Gordon, Mr. Wickman, and Mr. Reyes developed a repair strategy to remove and repair the broken concrete deck and provided details to replace the damaged individual components in-kind to limit the City’s future liability. During construction, due to supply chain issues, the team worked with the contractor to custom fabricate certain elements that were still unavailable.

Proposed Project Team Members Utilized: Gary Gordon, Fred Wickman, and Bernardo Reyes County Road R at GCID Canal Bridge Repair
County of Glenn
777 N. Colusa Street
Willows, CA 95988
Contact: Matt Gomes
Director of Public Works (Ret’d)
(530) 321-4629 (Text First)
Due to corroded and failing fluted steel shell piles, Glenn County was required to close the County Road R bridge over the GCID canal while it was in the PS&E phase of an HBP replacement project. Due to the time constraints of the HBP program, Glenn County needed a way to open the bridge to traffic before the bridge could be replaced. Ideally, the repair needed to be something that County forces could implement in the 4-week window that the canal was dry during the year. Mr. Valentine developed a repair strategy that incorporated 36-inch-diameter CMP pipes placed around the piles and filled with concrete to encase the failing piles and allow the bridge to be reopened to traffic until replacement could commence.

Proposed Project Team Members Utilized: Bob Valentine, Gary Gordon, and Richard Uhlmann County Road Z at Angel Slough Bridge Repair
County of Glenn
777 N. Colusa Street
Willows, CA 95988
Contact: Talia Richardson
Deputy Director of Public Works
(530) 934-6530
Due to a settling bent, Glenn County was required to close the County Road Z bridge over Angel Slough. Due to the route being the primary access to a rice processing plant with heavy truck traffic, Glenn County needed a way to open the bridge to traffic before the harvest season. Ideally, the repair needed to be something that County forces could implement. Mr. Gordon, as the County’s Contract Road Commissioner, worked with the County’s consultant to develop a double wooden pony truss to support the failing bent until the bridge can be programmed in the HBP for replacement.

Proposed Project Team Members Utilized: Gary Gordon
East Pine Street Overcrossing Bridge Repair
RA Nemetz Construction/Caltrans
P.O. Box 5306
Galt, CA 95632
Contact: Robert Nemetz
President
(209) 744-1001
The East Pine Street Overcrossing was damaged by a truck strike to a concrete girder. Working for the contractor, RA Nemetz Construction under a Caltrans construction contract, Mr. Valentine and Mr. Uhlmann developed a cost-effective repair strategy to repair the damaged concrete girder section supporting the falsework from the existing structure, eliminating the need for falsework on the freeway below.

Proposed Project Team Members Utilized: Bob Valentine and Richard Uhlmann RFTP for Design Services Telegraph Avenue Bridge
Over Rio Hondo Channel Repairs Bridge No. 530156 (0993) 5 c. Professional Qualifications and Education of Team
Members
Project Team Organization
Willdan's team members selected for the City's on-call services contract are identified in the organization chart presented to the right. The organization chart identifies the key personnel selected to serve as Project Manager and Technical Leads. Willdan has partnered with California clients on all phases of design and inspection across the full spectrum of bridge types - from design of cast-in-place or precast prestressed concrete girder freeway and river crossings, steel plate girder railroad grade separations, and seismic design and retrofits, to inspection, load rating, and repair of major steel truss, cable-stayed, suspension, and tied-arch river crossings, to design-build project delivery contractor partnerships and construction support engineering, and everything in-between. Willdan’s bridge engineering professionals are dedicated to providing the highest quality solutions for our clients through teamwork and inter-office collaboration that leverages a deep bench of technical knowledge and experience.

Project Management Team
Mr. Tyrone Peter, PE will serve as Project Manager overseeing our project team in meeting the objectives of the entire project while serving as a key liaison with the City. In this role, Mr. Peter will be the City's primary contact and serve as the day-to-day contract administrator. Mr. Peter is an accomplished civil engineer for multi-discipline and multi-agency infrastructure projects and is known for providing innovative, quality engineering services to ensure project delivery within budget and schedule. Brief profiles summarizing our team members' roles, education, registrations, and experience are provided below.

Summary Profile
ƒ BS, Engineering and Civil Engineering, Tamil Nadu College of Engineering ƒ Civil Engineering, Murugappa Polytechnic
ƒ Civil Engineer No. 81888
ƒ 13 Years' Experience
Experience that Benefits City of Pico Rivera
ƒ Project Manager, Rosemead Boulevard and Slauson Avenue Congestion Hot Spot, City of Pico Rivera ƒ Project Manager, Rosemead Boulevard and Whittier Boulevard Congestion Hot Spot, City of Pico Rivera ƒ Project Manager, Firestone Boulevard Corridor Capacity Enhancement, City of South Gate ƒ Project Manager, Placentia MetroLink Station Phases I and II, Orange County Transportation Authority ƒ Project Manager, Urban Greening Bike Trail, City of Lynwood ƒ Civil Engineering Task Manager, Walker Creek Bridge Replacement, County of Glenn ƒ Project Manager, Golden State Water Distribution Network Acquisition and Integration Feasibility Analysis, City of Lakewood Mr. Bob Valentine, PE will serve as the Structural Design Lead. He has a strong bridge design background and is the designer of the Napa River Bridge (a prestressed lightweight concrete bridge constructed by balanced cantilever methods) and HOV Viaduct No. 2 on I-110 in Los Angeles (constructed using a segmental span-by-span method). He has a long-standing relationship with numerous contractors and has many years of experience in segmental bridge design and construction. Mr. Valentine has been particularly innovative in identifying potential cost savings during construction and has successfully performed the engineering for several complicated Cost Reduction Incentive Proposals submitted by different bridge contractors. Having provided construction engineering for many of the state’s leading contractors, he has in-depth experience with construction practices and the solution of construction problems encountered on major bridge projects. Mr. Valentine originally developed the Bridge Design System (BDS) program used by Caltrans and his own time dependency program (STDS) for the design/analysis of segmentally constructed bridges. He has a strong background with Caltrans and is completely versed in their procedures.

Summary Profile
ƒ B.S. Civil Engineering, North Dakota State University ƒ California Professional Engineer, C22466
ƒ Nevada Professional Engineer, 18576
ƒ 56 Years' Experience
Experience that Benefits City of Pico Rivera
ƒ Project Manager and Designer, Dirks Road Bridge in Glenn County RFTP for Design Services Telegraph Avenue Bridge
Over Rio Hondo Channel Repairs Bridge No. 530156 (0993) 6 ƒ Project Manager for Construction Engineering, Yerba Buena Island Connection to the Bay Bridge ƒ Project Manager for Construction Engineering, Two Medicine River Bridge ƒ Project Design Manager for Design and Construction, LaCienega – Venice Outer Separation Bridge ƒ Project Manager and Lead Designer, Redesign of Fender System for the Carquinez Bridge ƒ Project Manager for Construction Engineering, Galena Creek Bridge ƒ Project Manager for Construction Engineering, Pitkins Curve Bridge ƒ Project Manager for Construction Engineering, Devil's Slide Bridge ƒ Engineer for Redesign of University Drive Overcrossing ƒ Engineer for Redesign of a Box Girder Bridge, Colusa County ƒ Engineer for Redesign of 2 bridges in the City of Red Bluff ƒ Engineer for Redesign of Main Street Bridge at Cottonwood Creek ƒ Engineer for Redesign of Franklin Thornton Bridge
ƒ Engineer for Redesign of Upper Oso Reservoir Bridge
ƒ Engineer for Redesign of retrofit projects on the Southern Freeway (South) in San Francisco ƒ Engineer for Redesign of Arroyo Simi Bridge (Left and Right) ƒ Engineer for Redesign of I-110 bridges (HOV #1 and HOV #2) Mr. Fred Wickman, PE, will serve as Civil Design Lead. Mr. Wickman possesses over 31 years of experience providing municipal engineering services and managing public works capital improvement projects. He brings his expertise in city engineering, project management, and supervision of design teams to provide sound engineering to – and economical solutions for – roadway improvement projects. He is familiar with federal, state, county, and local jurisdiction procedures.

Summary Profile
ƒ BS, Civil Engineering, Michigan Technological University ƒ Civil Engineer No. 47979

ƒ 31 Years' Experience
Experience that Benefits City of Pico Rivera
ƒ Quality Assurance Reviewer, Lakewood Boulevard Regional Corridor Capacity, City of Lakewood ƒ Project Manager, Newport Road Median Narrowing and Roadway Widening, City of Menifee ƒ Project Manager, Irvine Business Complex Sidewalk, Phase IV, City of Irvine ƒ Project Manager, 19th Street Roadway and Parkway Improvements, City of Costa Mesa

3. Project and Implementation Plan
a. Methodology for Project Approach
Project Understanding
The City of Pico Rivera is seeking engineering design services to provide engineering services, including site investigation, analysis of alternate repair methods, design and preparation of plans, specifications, and estimates for repair of the existing Telegraph Road over the Rio Hondo River. As the bridge lies within three adjoining jurisdictions, the City of Pico Rivera, the City of Downey, and the City of Commerce, the consultant will need to coordinate among the three stakeholders.

We understand that a fire has damaged an exposed timber pile under the abutment.

The City has a detail from a previous repair, but it is also interested in alternate repair concepts. In addition to repairing the damaged pile, the City also desires to include the following repairs to the bridge at this time:

RFTP for Design Services Telegraph Avenue Bridge
Over Rio Hondo Channel Repairs Bridge No. 530156 (0993) 7 ƒ Pour a Concrete Slurry Backfill at the east abutment where fill was removed ƒ Clean and Repaint Entire Steel Girder System
ƒ Repair all damaged Guardrails and Handrails
ƒ Remove Dirt and Debris from Sidewalks
ƒ Remove Transient Trash and Debris from underneath to reduce the risk of future potential fires We have developed an alternative repair concept for the City’s consideration and have included it in this proposal as Exhibit A. This detail would remove all damaged timber pile sections, and encapsulate the remaining end of the timber pile in a steel casing filled with concrete. Any remnants of the timber pile in the abutment footing would be removed and the void filled with concrete and formed normal to the pile centerline with shear studs extending into the footing void. Once the timber pile has been encapsulated in a steel casing, and a normal surface provide at the footing, hydraulic jacks would preload the pile until a W-Section can be welded into place to take the pile loading. This repair option has the benefit of potentially requiring less excavation, less concrete, and reduced construction time, as well as preloading the pile to limit settlement issues.

Phase 1 Investigation and Basis of Design Report
Task 1.1 – Project Management
Willdan will conduct all tasks necessary to complete the project, including day-to-day project management, meetings, progress reports, project communication and agency follow-up, project scheduling and tracking, invoicing, and overall administration of the project. Willdan's project management approach to manage and control the project is expected to include, but not be limited to:
a. Schedule project kick-off meeting to include City staff and other stakeholders b. Communicate often with City staff throughout various submittal stages c. Prepare and distribute meeting agendas and minutes for all project meetings d. Submit monthly progress reports to City's Project Engineer e. Develop and monitor critical path method project schedule using Microsoft Project software
f. Schedule meetings at the 65% and 90% design milestone submittals g. Prepare and provide City staff with project-specific quality assurance plan to ensure quality control for project duration
Task 1.2 – Field Investigation and Topographical Survey Willdan will establish local horizontal and vertical coordinates on all control points. Willdan will perform a survey to obtain the topographical features for an accurate representation of existing conditions within the public right-of-way as required. Willdan will create a base map from the topographical survey that will be used to create the design of the improvements. Additionally, Willdan will utilize the provided as-built plans to assist with the creation of the base map. Willdan will perform a site visit to inspect all features of the bridge damage. Willdan will observe the area to determine any potential issues contributing to damage so that it may be addressed, if possible.

Task 1.3 – Preliminary Engineering and Basis of Design Report Once the investigations are complete and adequate findings are discovered, Willdan will meet with City Staff during the design and coordinate conceptual design development to address the proposed pile, bridge rail, and abutment improvements, and other necessary design elements to continue with the project. Based on these discussions, Willdan will complete a 30% conceptual design to include within a Basis of Design report for the City’s approval. The conceptual design will show the layout of all the proposed improvements and the associated design standards.

TASK 1.4 – Preliminary Engineer’s Opinion of Probable Cost Preliminary quantities will be determined based upon the approved 30-percent concept plans. As the preliminary design is defined, a preliminary cost estimate of the total project cost will be prepared. Quantity backup calculations will be compiled and submitted upon request. Willdan will develop estimates of probable construction costs based upon cost data compiled by Caltrans, City of Pico Rivera RFTP for Design Services Telegraph Avenue Bridge
Over Rio Hondo Channel Repairs Bridge No. 530156 (0993) 8 and recent bid results maintained by Willdan. The engineer’s opinion of probable costs will be prepared electronically in Microsoft Excel spreadsheets.

Phase 2 Prepare Anticipated Plans, Specifications and Estimates The following scope of services provides a detailed view of our work plan.

Task 2.1 – Project Management
Willdan will conduct all tasks necessary to complete the project, including day-to-day project management, meetings, progress reports, project communication and agency follow-up, project scheduling and tracking, invoicing, and overall administration of the project. Willdan's project management approach to manage and control the project is expected to include, but not be limited to:
a. Communicate often with City staff throughout various submittal stages b. Prepare and distribute meeting agendas and
minutes for all project meetings
c. Submit monthly progress reports to City's
Project Engineer
d. Develop and monitor critical path method
project schedule using Microsoft Project software
e. Prepare and provide City staff with projectspecific quality assurance plan to ensure quality control for project duration
Task 2.2 – Utility Coordination
Willdan will mail notices to the utility companies in accordance with the City's procedures. Documentation of contacts and responses will be copied to the City.

Willdan will prepare the utility notices and deliver
them to the City for mailing under City letterhead. If
so desired by the City, Willdan can transmit these notices under Willdan's letterhead; however, the City will be responsible for any fees assessed to Willdan by the utility companies. In either case, all responses,
questions, and correspondence from the utility companies will be addressed to Willdan's utility coordinator. Willdan will provide utility dispositions identifying existing utility locations above and below ground.

Willdan will be responsible for:
a. Notifying and coordinating with the utility
agencies regarding the project-related modification of their facilities and determining if special requirements for utility facilities, including protection, right-of-way, and construction methods within the vicinity of the utility, are necessary
b. Providing a second utility notification letter
(prepare to relocate) and a third utility notification letter (notice to relocate) c. Providing a fourth utility notification letter (notice to relocate immediately), if necessary d. Submitting a preliminary and final set of plans to each utility company highlighting the location, elevation of the utility, and clouded conflict area
e. Verifying the project's final design is compatible with known utilities in the project area to be installed, relocated, adjusted, or otherwise modified, including adding utility relocation windows into the construction schedule, as necessary Exhibit A. Alternative Repair Concept
RFTP for Design Services Telegraph Avenue Bridge
Over Rio Hondo Channel Repairs Bridge No. 530156 (0993) 9 Task 2.3 – Anticipated Final Plans, Specifications and Estimates Development of the final plans, specifications and estimates will be dependent upon the findings of the field investigation and the results of the Basis of Design Report outlined in Phase 1. Upon the City’s approval of the Basis of Design, the project will proceed with Phase 2 final engineering. The general scope of services for this phase of work consists of preparing 65-percent, 90-percent, and final improvements plans, specifications, and engineer's construction cost estimate. Willdan will prepare final design plans based upon the recommended and approved preliminary concept plans. The final design will expand upon the approved preliminary plans by incorporating appropriate details at appropriate scales and construction notes to clearly define the design. The design plan set will be prepared in accordance with City of Pico Rivera drafting standards, format, and conventions. Final plans will be computerdrafted in AutoCAD format for standard 24-inch by 36-inch plans on City of Pico Rivera title block. The anticipated plan set will include:

Plan Set Number of Sheets
Title sheet with vicinity map, general notes, utility contacts, and typical reference data 1 General Plan Sheet 1
Pile Repair Details 2
RSP and Slurry Details 1
Guardrail Repair Details 3
Erosion Control Plans 1
All necessary construction details will be incorporated into the plan set. b. Resources, Capability and Commitment, to Complete All Tasks Willdan has delivered industry-leading engineering solutions that have transformed government and commerce – implementing over 13,000 projects for 3,400 clients – including nearly 90% of California cities and counties including the City of
Pico Rivera. In addition, our team has completed
more than $550 million worth of successful projects with state and local governments across the United States.

To complete the Design Services Telegraph Avenue Bridge Over Rio Hondo Channel Repairs Bridge project, Willdan’s Project Manager Tyrone
Peter has selected a core staff of professionals
who are highly experienced and credentialed in the City’s scope of work. He has reviewed the utilization of each team member and received their commitment to be available through the completion of this contract.

In addition to these committed staff members, Willdan has an addition 600+ engineering staff in California – and more importantly 137 engineering staff in our local Industry project office, located just 10 miles from the City. This provides Mr. Peter and the City with excellent resources to exceed all of the City’s requirements through a core committed team of highly experienced professionals, supported by seasoned multi-disciplined professionals to maintain consistent and excellent performance throughout the contract term. 4 - Cost Proposal
Willdan proposes to complete the above work for a fixed fee of $131,060, as broken out by phases below and detailed in the attached Fee Schedule. Any additional task not listed here will be under a separate task order.

Phase 1 Investigation and Basis of Design Report $ 60,184 Phase 2 Anticipated PS&E $ 70,876
Total $ 131,060
RFTP For Design Services Telegraph Avenue Bridge
Over Rio Hondo Channel Repairs Bridge No. 530156 (0993) 10 Fee Schedule – Phase 1
Fee Schedule – Phase 2 and Total Cost
Assistant Assistant Project Sr Survey
Engineer II Engineer I Manager III Analyst Markup
$214.00 $210.00 $206.00 $175.00 $144.00 $127.00 $191.00 $210.00 $173.00 15% Total Amount
Task Description Peter Wickman Gordon Uhlmann Crim Gordon Stone Woolley Barrientos Expenses

1.1. Project Management

1.1.1 Project Administration -

1.1.1.1 PDT Meeting (3 total) 3 6 $ - $1,902.00

1.1.1.3 Project Coordination 8 $ - $1,680.00

1.1.4.1 Monthly Progress Reports & Invoices 1 4 $ - $1,054.00

1.1.2 Project Schedule and Deliverables

1.1.2.1 Project Schedule and Deliverables 1 2 2 $ - $1,046.00 Subtotal Hours 5 20 2 - - - - -
Subtotal Cost $ - $ - $ - $ - $ 5,682.00

1.2. Field Investigation and Topographical Survey

1.2.1 Field Investigation 1 4 16 $ 75 $ - $3,285.00

1.2.2 Topographical Survey (3 days Assumed) 2 4 4 16 $ 7,500 $ 1,125 $13,345.00 Subtotal Hours - - 3 8 16 - - 4 16
Subtotal Cost $ 75 $ 7,500 $ - $ 1,125 $ 16,630.00

1.3. Basis of Design Report

1.5.1 Conceptual Design (30%) 1 2 16 80 $ 9,200 $ 1,380 $28,510.00

1.5.2 Basis of Design Report 1 4 24 $ 1,840 $ 276 $8,114.00 Subtotal Hours 2 6 40 80 - - - -
Subtotal Cost $ - $ - $ 11,040 $ 1,656 $ 36,624.00

1.4. Preliminary Engineer's Opinion of Probable Cost

1.6.1 Preliminary Engineer's Opinion of Probable Cost 1 1 4 $ - $1,248.00 Subtotal Hours 1 1 4 - - - - -
Subtotal Cost $ - $ - $ - $ - $ 1,248
Grand Total Hours/Staff 8 27 49 88 16 - - 4 16 - 208
Grand Total Cost - Phase 1 $ 75 $ 7,500 $ 11,040 $ 2,781 $ 60,184 Survey
WILLDAN Subconsultants
Deputy
Director
Principal
Project
Manager
Bridge
Engineer
Senior
Designer 2
Principal
Project
Manager
NRV
Assistant Assistant Project Sr Survey Utility
Coordinator
Engineer II Engineer I Manager III Analyst Markup
$214.00 $210.00 $206.00 $175.00 $144.00 $127.00 $191.00 $210.00 $173.00 $167.00 NRV 15% Total Amount
Task Description Peter Wickman Gordon Uhlmann Crim Gordon Stone Woolley Barrientos Boeltl Expenses

2.1. Project Management

2.1.1 Project Administration -

2.1.1.1 PDT Meeting (3 total) 2 4 $ - $1,268.00

2.1.1.3 Project Coordination 8 $ - $1,680.00

2.1.4.1 Monthly Progress Reports & Invoices 1 4 $ - $1,054.00

2.1.2 Project Schedule and Deliverables

2.1.2.1 Project Schedule and Deliverables 1 2 $ - $634.00 Subtotal Hours 4 18 - - - - - - - -
Subtotal Cost $ - $ - $ - $ - $ 4,636.00

2.2. Agency Coordination

2.2.1 Utility Coordination 1 4 12 $ - $910.00

2.2.2 City Coordination 12 24 $ - $2,520.00
Subtotal Hours - 13 - 4 - - - - - 36
Subtotal Cost $ - $ - $ - $ - $ 3,430.00

2.3. Plans Specifications and Estimates

2.3.1 Plans 2 12 24 120 24 $ 3,680 $ 552 $37,708.00

2.3.1 Specifications 1 4 40 12 6 $ 1,840 $ 276 $14,656.00

2.3.1 Estimates 1 4 32 24 4 $10,446.00
Subtotal Hours 3 17 68 164 - 24 34 - - -
Subtotal Cost $ - $ - $ 5,520 $ 828 $ 62,810.00
Grand Total Staff Hours - Phase 2 7 48 68 168 - 24 34 - - 36 Grand Total Cost - Phase 2 $ - $ - $ 828 $ 70,876.00
Combined Hours and Total Cost 75 15 117 256 16 24 34 4 16 36 $ 131,060 *PRICES TO BE RENEGOTIATED BASED ON PHASE 1 FINDINGS
WILLDAN Subconsultants
Deputy
Director
Principal
Project
Manager
Bridge
Engineer
Survey
Senior
Designer 2
Principal
Project
Manager
To: Mayor and City Council
From: City Manager
Meeting Date: September 27, 2022
Subject: VEHICLE REPLACEMENT- PURCHASE OF NINE (9)

TRUCKS FOR THE STREETS AND PARKS DIVISIONS
Recommendation:

1. Authorize the purchase of eight (8) 2023 Ford F-150 2-wheel drive regular cab pick-up trucks in the aggregate amount of $297,834 from National Auto Fleet Group, a vendor with Sourcewell Contract No.091521-NAF;

2. Authorize the purchase of one (1) 2022 Ford F-250 super cab utility body work pick-up truck in the amount of $62,698 from Rush Truck Center in Whittier using the National Cooperative Purchasing Alliance (NCPA), Contract No.05-47 for heavy equipment, diesel truck, bus parts and related goods and services; and

3. Authorize the City Manager to execute all documents related to the purchase of the recommended vehicles.

Fiscal Impact:

The vehicle replacement fund includes an available budget of $649,265 in Account No.170.40.4033-57300 for the purchase of various replacement vehicles for the Maintenance Division. The purchase price of the requested combined vehicles is $360,532. No additional appropriation is required at this time.

Discussion:

Five (5) out of the eight (8) F-150 pick-up trucks (Enclosures 1, 2, and 3) will replace five (5) 1997 Ford Ranger pick-up trucks, units 204, 240, 258, 265, and 110 with excess of 100,000 miles each. These vehicles are utilized by our Parks Maintenance Division for picking up trash, towing pressure washers and trailers, and hauling related equipment for the maintenance of parks and baseball fields.

The other three (3) F-150 pick-up trucks will be replacing units 211, a 2001 GMC Sierra 2500 pick-up truck, Unit 216 a Ford F-250 pick-up truck, both with over 100,000 miles, and Unit 229, a 2008 Ford F-250 crew cab with engine and transmission problems. Unit 211 is utilized by the parks crew picking up trash, towing pressure washers and other 13 CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 27, 2022 VEHICLE REPLACEMENT- PURCHASE OF NINE (9) TRUCKS FOR THE STREETS

AND PARKS DIVISIONS

equipment as needed to perform maintenance at parks and ball fields. Unit 216 is used for the street maintenance division to remove illegally disposed items on city streets, trim small branches blocking street signs, and planting new trees on parkways. Unit 229 is utilized to tow a trailer by the alley clean-up crew to pick up illegally dumped items on public right-of-way.

The Ford F-250 pick-up truck (Enclosure 4) will replace unit 285, a 2002 Chevy Silverado 2500 utility body pick-up truck with 100,000 miles. This vehicle is utilized by the irrigation crew performing repairs in our city parks, ballfields, and City facilities.

The recommended purchase of the eight (8) 2023 Ford F-150 pick-up trucks will utilize a cooperative contract as authorized by Section 3.20.030 of the Pico Rivera Municipal Code. Purchasing these trucks through the National Auto Fleet Group in conjunction with Sourcewell (Formerly Known as NJPA) meets all the requirements set forth by the City of Pico Rivera Municipal Code regarding regional cooperative purchasing agreements. The Sourcewell Contract No.091521-NAF establishes pre-approved vendors following a nation-wide competitive bid process.

The purchase of the 2022 Ford F-250 utility body pick-up truck will be utilizing the National Cooperative Purchasing Alliance (NCPA) Contract No.05-47 which meets the requirements of Section 3.20.030 of the Pico Rivera Municipal Code and allows staff to secure the most appropriate vehicle. This contract purchases the vehicles through Rush Truck Centers in Whittier which is the only local dealer that carries this vehicle in stock.

The City has utilized both Sourcewell (Formerly Known as NJPA) and NCPA for previous vehicle purchases. Purchasing through these vendors assures that the City receives the lowest available fleet pricing and meets the competitive bid process.

Conclusion:

Staff recommends that the City Council authorize the purchase of eight (8) 2023 Ford F150 pick-up trucks from National Auto Fleet Group in the amount not-to-exceed $297,834, and one (1) Ford F-250 utility body pick-up truck using the National Cooperative Purchasing Alliance (NCPA) through Rush Truck Centers in the amount not-to-exceed $62,698.

Steve Carmona
SC:TR:JG:np
Enclosures: 1) National Auto Fleet Quote ID No. 20890 R2 2) National Auto Fleet Quote ID No. 20838 NC
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 27, 2022 VEHICLE REPLACEMENT- PURCHASE OF NINE (9) TRUCKS FOR THE STREETS

AND PARKS DIVISIONS

3) National Auto Fleet Quote ID No. 20573 NC
4) Rush Truck Center Quote
5) Sourcewell Contract No. 091521-NAF
6) Sourcewell RFP and Addendums
7) National Cooperative Purchasing Alliance (NCPA)
Contract No. 05-47
ENCLOSURE 1
13a

ENCLOSURE 2
13b

ENCLOSURE 3
13c

ENCLOSURE 4
13d
091521-NAF
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Solicitation Number: RFP #091521

CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and 72 Hour LLC dba: National Auto Fleet Group, 490 Auto Center Drive, Watsonville, CA 95076 (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires November 8, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.

C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. 






 





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Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new and the current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be 






 





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returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; 






 





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x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at governmentowned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell 






 





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contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as ecommerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:








 





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x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:
x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased 






 





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by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.

D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.







 





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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS

Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, 






 





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resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws.

5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.







 





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14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract. 






 





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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms 






 





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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is 






 





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primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 






 





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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions. 






 





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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with 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). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names 






 





091521-NAF
Rev. 3/2021 16
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation 






 





091521-NAF
Rev. 3/2021 17
and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.

T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322. 






 





091521-NAF
Rev. 3/2021 18

22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell 72 Hour LLC dba: National Auto
Fleet Group
By: __________________________ By: __________________________ Jeremy Schwartz Jesse Cooper
Title: Chief Procurement Officer Title: Fleet Manager
Date: ________________________ Date: ________________________ Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________







 












 














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Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC







 





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Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC







 





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Rev. 3/2021 Sourcewell RFP #091521
Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories