Agenda packet — Pico Rivera City Council, April 22, 2025 (part 2 of 8)

On November 14, 2023, the City Council conducted a public hearing on the Fee Schedule and approved Resolution No. 7300, establishing a Fee Schedule to reflect the anticipated annual cost increases for the upcoming fiscal year. The resolution included the collection, increase, and adjustment of fees and charges to reflect the changing cost of providing those services due to inflation. The fee adjustments are not automatic; they require an annual review and approval by the City Council. An annual review and update ensure that fees reflect current costs to provide services, allow the addition of fees when applicable for new City services, and provide for the elimination of fees for discontinued services. As such, it is now necessary to amend Resolution No. 7300 by reviewing and amending the Fee Schedule.

Services and Fees Limited by California State Laws
The State of California restricts certain fees and regulates the maximum amount that can be charged. Upon analyzing all fees, staff has noted two (2) fees the State regulates, as follows:

1. The Candidate filing fee and processing an application for an intent to run for a city-elected office, as limited by State Law (Elections Code, Section 10228), is $25 per candidate and, therefore, is not subject to CPI increases, unlike other fees.

2. The Initiative Filing fee and processing an intent to place a local initiative on the ballot are limited by State Law (Elections Code, Section 9202(b)), and is $200 per initiative, fully refundable if the initiative is placed on the ballot.

Discussion:

The California Constitution and State law mandate that municipalities, such as the City of Pico Rivera, charge users only the fees necessary to recover the services provided and prohibit charging fees above and beyond the services rendered.

The goal of the user fee study is to calculate the full cost of providing each feesupported service at 100% cost recovery. It is at the discretion of the City Council to adopt a fee to cover 100% of the cost or an amount below 100%. Fees adopted below 100% cost recovery will require a subsidy from the General Fund. Periodic adjustments are necessary to align fees with the cost-of-service delivery, regulatory changes, and inflationary factors.

The cost-of-living adjustment is derived from the CPI, using the annual percentage from March. For FY 2025-26, the percentage change in the CPI, as measured by the U.S.

Bureau of Labor Statistics (BLS) for the Los Angeles-Long Beach-Anaheim area over the last 12 months was 3.00% as of March 2025.

CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 22, 2025

PUBLIC HEARING - RESOLUTION AMENDING THE FEE SCHEDULE FOR FISCAL YEAR 2025-26

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The detailed schedule of fees, which includes current and proposed fees, as well as the changed amounts for various municipal services, is provided in Enclosure 2. It outlines the proposed increase based on the CPI. The detailed Fee Schedule sets the fees for services such as Building, Planning, Public Works, Water, Parks and Recreation, and City Clerk.

The hourly rates used for each position are “fully burdened,” meaning that they include not only the employee’s salary and benefits but a proportionate share of operating expenses, overhead, and replacement costs for assets involved in the delivery of the services.

Community and Economic Development
Staff reviewed each fee within the department and proposed the fee changes identified in the enclosed Detail Schedule of Fees Current vs. Proposed for FY 2025-26 (Enclosure 2). As part of a comprehensive update to Title 18, Zoning, of the Municipal Code, we are making various process improvements and aligning regulations with recent state legislation. Key changes include renaming the Precise Plan of Design (PPD) to an Administrative Use Permit, eliminating the PPD requirement for certain uses, and streamlining the approval processes. Additionally, new application procedures are being implemented to comply with state laws regarding group homes, sober living homes, microenterprise home kitchens, and Solar Systems permit fees.

Staff has recommended eight (8) existing Building and Planning Fees to be re-named based on the description and actual cost to provide the services, and two (2) fees to be removed. The complexity of development projects has grown, requiring additional plan review and inspection services. The updated fees ensure that the City can continue providing efficient and thorough development reviews and permitting services while maintaining cost recovery. Staff believes that the adoption of these proposed fees by the City Council will enable the City to maintain accurate costing, with the goal of achieving full cost recovery.

Administrative Services Department
Staff reviewed each fee within the department and proposed the fee changes identified in the enclosed Detail Schedule of Fees Current vs. Proposed for FY 2025-26 (Enclosure 2). Staff has identified one (1) existing Water Fee to be re-named based on the description and service.

The existing non-renewal penalty structure applies a flat 10% monthly penalty on the business license fee until the license and penalty are paid in full. To allow for greater flexibility in enforcement, the revised policy grants the City Manager the authority to negotiate and reduce the penalty amount, provided that the total penalty does not exceed 100% of the original business license fee.

CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 22, 2025

PUBLIC HEARING - RESOLUTION AMENDING THE FEE SCHEDULE FOR FISCAL YEAR 2025-26

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Parks and Recreation Department
Staff reviewed each fee within the department and proposed the fee changes identified in the enclosed Current and Proposed Parks and Recreation Fees (Enclosure 3). Staff have identified 35 fees that will not be changed based on the staff’s detailed review of each service. There are 15 existing fees recommended for an increase, and adding non-resident rates, and one (1) fee to be decreased, based on the actual costs of providing the services and facilities.

During the last fee review, two (2) Parks and Recreation field rental fees were not adopted. These fees are now being presented to the City Council for further consideration. These aim to align facility rental costs in accordance with adopted policies rather than a full “100% cost recovery” model. The inclusion of the facility and field rental fees is based on multiple factors, including rising operational and personnel costs, as a comparison to rates in neighboring cities.

Parks and Recreation Non-Resident Fees
A few new non-resident fees have been added to select Parks and Recreation fees to differentiate rental rates for individuals and organizations residing outside of the City.

These fees are intended to prioritize access for local residents and to offer them a cost benefit, while ensuring non-residents contribute equitably to the use of community resources. The non-resident fee applies to select facility rentals that are in high demand across all users. Prioritizing residents for high-demand amenities ensures local families and organizations have equitable access to limited community resources and supports the City’s commitment to serving its residents.

To inform the development of the non-resident fee, staff conducted a comparison of local cities’ fee practices. The table below outlines a sample of non-resident rental fees for comparable facilities:

City Resident Rate Non-Resident Rate
Downey $115-$171 $174-$264
Santa Fe Springs $100-$200 $200-$250
Bellflower $80 $315
Pico Rivera $100-$200 $125-$225
These comparisons confirm that the proposed non-resident fees are consistent with regional practices and remain competitive while maintaining fairness and accessibility for local residents.

The inclusion of the Parks and Recreation field rental fees, along with the introduction of non-resident fees, ensures a comprehensive approach to the City’s fee structure, CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 22, 2025

PUBLIC HEARING - RESOLUTION AMENDING THE FEE SCHEDULE FOR FISCAL YEAR 2025-26

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promoting fiscal responsibility while supporting community access to recreational amenities.

Public Works
Staff reviewed each fee within the department and proposed the fee changes identified in the enclosed Detail Schedule of Fees Current vs. Proposed for FY 2025-26 (Enclosure 2). Staff has recommended increasing twenty-four (24) existing fees based on CPI.

Public Notice Requirement
In accordance with California Government Code Section 66016, a public hearing was properly published in the Los Cerritos Newspaper on April 7, 2025. The City also provided formal notice of its intent to modify user fees to Southern California Edison (SCE), The Gas Company (SoCalGas), and the Building Industry Association of Southern California (BIASC).

On April 10, 2025, these agencies were notified that the estimated user fee costs had been published on the City’s website. Related documents were subsequently made available for online and in-person review at City Hall on April 17, 2025.

Conclusion:

Staff recommends that the City Council consider approving the resolution and amending the Fee Schedule for FY 2025-26. An update to the Fee Schedule is necessary to assist the City in recovering the costs of providing associated services. The updated schedule ensures compliance with state laws that govern the establishment and adjustment of municipal fees.

Steve Carmona
SC:AG:JG:DS:ep
Enclosure(s): 1) Resolution
2) Detail schedule of fees, current vs. proposed for FY 2025-26 3) Current and Proposed Parks and Recreation Fees
4) Public Hearing Notice
RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, RESCINDING RESOLUTION NO. 7300, AND AMENDING THE USER FEES, CHARGES, AND SERVICES FOR FISCAL YEAR 2025- 26 WHEREAS, the City of Pico Rivera (“City”) collects fees for certain services for which there is a relationship between the service provided and the fee charged; and WHEREAS, as required by Article XIII of the California Constitution and State law, cities can only charge rates or fees that are equal to or less than the reasonably anticipated costs of providing the service; and
WHEREAS, it is a routine and standard practice to increase or adjust fees and charges to reflect the changing cost of providing those services because of inflation, staffing reorganization, and other variables which affect the cost of delivering these services; and WHEREAS, the City Council of the City of Pico Rivera (City Council) has established a policy of recovering full cost of fee-supported services, except in the case of certain subsidized services that are deemed to be a priority to the community, such as parks and recreation and other community services; and
WHEREAS, the City does not have the fiscal capacity to subsidize all services which can and should be paid for by users of the service; and WHEREAS, in order to recover the costs of providing services throughout the City, it is necessary to rescind Resolution No. 7300 and adopt the revised Master Fee Schedule for Fiscal Year (FY) 2025-26, reflecting the current changes recommended in the City’s 2023 Cost and Fee Study.

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

SECTION 1. The City Council hereby rescinds Resolution No. 7300.

SECTION 2. The City Council hereby approves this resolution, revising and establishing user fees, charges, and rates for services for all city departments for FY 2025- 26, and as more clearly defined in the attached Exhibit A, made a part hereof by this reference.

SECTION 3. Except as otherwise provided herein, any fees described in the schedule of fees in conflict with the fees established or increased by this Resolution shall be void and of no force and effect.

SECTION 4. The City Clerk shall attest and certify the passage and adoption of this Enclosure 1
2a
RESOLUTION NO. ____

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Resolution, and it shall become effective immediately upon this approval.

APPROVED AND PASSED this 22nd day of April, 2025.

________________________________
John R. Garcia, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ _________________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES:

NOES:

CITY OF PICO RIVERA
USER CHARGES AND FEES, PROPOSED, APRIL 22, 2025
BUILDING CPI Increase* 3.00%
TECHNOLOGY SURCHARGE 3% of applicable fees
REF # SERVICE DESCRIPTION

CURRENT FEE
FY 2024-25

PROPOSED FEE
FY 2025-26
DOLLAR

INCREASE/(DECREASE)
BU-05000 BUILDING PLAN CHECK & PERMITS SEE BUILDING FEES SCHEDULE SEE BUILDING FEES SCHEDULE BU-05100 PLAN CHECK REVISION AFTER APPROVAL
Charge at the Fully Burdened Hourly Rates at the actual time of all City staff involved plus any outside costs, with a minimum of $196 per revision. $ 190.00 $ 196.00 $ 6.00 BU-05200 BUILDING PLAN CHECK EXTENSION $196 per request. $ 190.00 $ 196.00 $ 6.00 BU-05350 MAINTAIN MAND. BUILDING PLAN RECS
Costs based on vendor contract for Services:
$11 per Building Permit with valuation not exceeding $100K for commercial, industrial, and residential projects with three or more units.
$ 11.00 $ 11.00 $ -
$29 per Building Permit with valuation exceeding $100K for commercial, industrial projects and multifamily units. $ 28.00 $ 29.00 $ 1.00
$2 per each separate Electrical, Mechanical and Plumbing Permit for commercial, industrial projects and multifamily projects. $ 2.00 $ 2.00 $ - BU-05400 PERMIT EXTENSION $288 per request. $ 280.00 $ 288.00 $ 8.00 BU-05450 TEMP USE/OCCUPANCY REQ & INSP $427 per permit. $ 415.00 $ 427.00 $ 12.00 BU-05500 CERTIFICATE OF OCCUPANCY INSP/ISSUE $397 per certificate. $ 385.00 $ 397.00 $ 12.00 BU-05600

STOP WORK INVESTIGATION INSPECTION
$216 per residential building
At the option of the Building Official, a deposit based upon estimated fully burdened hourly rates may be required if the non-permitted work requires an undetermined number of inspections. $ 210.00 $ 216.00 $ 6.00

STOP WORK INVESTIGATION INSPECTION
$438 per commercial/industrial building
At the option of the Building Official, a deposit based upon estimated fully burdened hourly rates may be required if the non-permitted work requires an undetermined number of inspections. $ 425.00 $ 438.00 $ 13.00
BU-05650 ADDITIONAL MISCELLANEOUS INSPECTION
For re-inspections, inspections outside of normal City business hours, or inspections for which no fee is specifically designated:

The charge will be for the actual hours required, including travel time, for City staff involved at their Fully Burdened Hourly Rates.

Inspections outside business hours will be charged for a minimum of two hours.

Inspections for which no fee is specifically designated will be charged for a minimum of one-half hour.

FULLY BURDENED RATE + COST
OF MATERIALS No Change $ -
BU-05700 DEMOLITION PERMIT AND INSPECTION
$294 per building
plus $20 each additional sewer cap $ 285.00 $ 294.00 $ 9.00 BU-05900 AUTO BLDG PERMIT & INS SYS SUR MAIN
SURCHARGE TO AUTOMATE THE BUILDING PERMIT SYSTEM 3% of building, electrical, plumbing, and mechanical permit fees $ - $ -
BU-05910 UNREASONABLE HARDSHIP REQUEST
$448 per request plus actual costs for time required beyond the initial 2 hours at the Fully Burdened Hourly Rates of City staff involved. $ 435.00 $ 448.00 $ 13.00 BU-05950 ALT MATLS OR METHODS OF CONST REQ
$809 per request plus actual costs for time required beyond the initial 4 hours at the Fully Burdened Hourly Rates of City staff involved. $ 785.00 $ 809.00 $ 24.00 BU-06000 CHANGE OF CONTRACTOR $139 per application $ 135.00 $ 139.00 $ 4.00 BU-06010 BUILDING JOB CARD REPLACEMENT $129 per job card $ 125.00 $ 129.00 $ 4.00 BU-06020 PLAN DUPLIC. WRITTEN AUTHORIZATION $185 per plan plus cost of copying $ 180.00 $ 185.00 $ 5.00 BU-06030 ADDITIONAL BUILDING PLAN REVIEW
Charge the fully allocated hourly rates for all personnel involved plus any outside costs.

FULLY BURDENED RATE + COST
OF MATERIALS No Change $ -
Enclosure 2 / Exhibit A
2b

CITY OF PICO RIVERA
BUILDING & SAFETY FEE SCHEDULE, PROPOSED, APRIL 22, 2025 BUILDING PERMIT AND PLAN CHECK FEES CPI Increase* 3.00%

TECHNOLOGY

SURCHARGE
3% of applicable fees
REF # SERVICE CURRENT FEE PROPOSED FEE ADD-ONS
DOLLAR

INCREASE/
FY 2024-25 FY 2025-26 (DECREASE)
BUILDING PERMITS:

Permit issuance $61.00 $63.00 $2
Building Permit Under $500 Valuation $28.00 $29.00 $1
Building Permit $501-$2,000 Valuation $28 + $5 for each $100 over $500 $29.00 $5 for each $100 over $500 $1 Building Permit $2,001-$25,000 Valuation $105 + $18 for each $1,000 over $2,000 $108.00 $18 for each $1,000 over $2,000 $3 Building Permit $25,001-$50,000 Valuation $525 + $12 for each $1,000 over $25,000 $541.00 $13.50 for each $1,000 over $25,000 $16 Building Permit $50,001-$100,000 Valuation $867 + $8.50 for each $1,000 over $50,000 $893.00 $9.50 for each $1,000 over $50,000 $26 Building Permit $100,001-$500,000 Valuation $1,351 + $7 for each $1,000 over $100,000 $1,392.00 $8 for each $1,000 over $100,000 $41 Building Permit $500,001-$1,000,000 Valuation $4,551 + $7.50 for each $1,000 over $500,000 $4,688.00 $7.50 for each $1,000 over $500,000 $137 Building Permit Over $1,000,000 Valuation $8,301 + $6 for each $1,000 over $1,000,000 $8,550.00 $6 for each $1,000 over $1,000,000 $249 Building Plan Check - Regular 100% of Bldg. Permit Fee Minimum $400 100% of Bldg. Permit Fee (Minimum $400) $400.00 Building Plan Check - Expedited
100% of Bldg. Permit Fee + 50% Plan Check
Fee
Minimum $400 + 50%
Plan Check Fee
100% of Bldg. Permit Fee + 50% Plan
Check Fee
(Minimum $400 + 50% Plan Check Fee)
Minimum $400 +
50% Plan Check
Fee
Other Inspections not specified Hourly Rate No Change Hourly Rate Overtime Inspection Hourly Rate No Change Hourly Rate
Additional Plan Review After Second Check Hourly Rate or Actual Costs No Change Hourly Rate or Actual Costs AB 717 Training Surcharge $24 per permit $25.00 per permit $1.00 Combo Permits:

Electrical Permit 10% of the Building Permit Fee No Change 10% of the Building Permit Fee Plumbing Permit 10% of the Building Permit Fee No Change 10% of the Building Permit Fee Mechanical Permit 10% of the Building Permit Fee No Change 10% of the Building Permit Fee Note: The Valuation Data Table will be revised annually based on published data by the International Code Council.

CITY OF PICO RIVERA
BUILDING & SAFETY FEE SCHEDULE, PROPOSED, APRIL 22, 2025 MECHANICAL, ELECTRICAL, AND PLUMBING PERMIT FEES INSPECTOR RATE= $196.13 COUNTER SERVICE REP RATE= $180.14
CPI Increase* 3.00%
CURRENT ON-SITE # OF TOTAL TOTAL PROPOSED Dollar
FEES
FY 2024-25 TIME VISITS TIME COST
FEES
FY 2025-26
Increase /
(Change)
Permit Issuance $60 20 $60.05 $62 $ 2
Swimming Pools $82 12.5 2 25 $81.72 $84 $ 2
Branch Circuits of 15 & 20 Amp, 120 & 240V Single Phase 1 - 10 Circuits $16 5 1 5 $16.34 $17.00 $1
11 - 40 Circuits $13 4 1 4 $13.08 $13.00 $0
41 - 100 Circuits $10 3 1 3 $9.81 $10.00 $0
Over 100 Circuits, Per Circuit $7 2 1 2 $6.54 $7.00 $0
Each Appliance Branch Circuit $33 5 2 10 $32.69 $34.00 $1 Each Outlet added to Existing Circuits $13 2 2 4 $13.08 $13.00 $0 Signs - Lighting and Marquees $33 5 2 10 $32.69 $34.00 $1 Each Additional Sign $16 2.5 2 5 $16.34 $17.00 $1
Power Apparatus (Ratings in HP, KW, KVA, or KVAR)
up to 3 $49 15 1 15 $49.03 $51.00 $2
3 - 5 $57 17.5 1 17.5 $57.20 $59.00 $2
5 - 20 $65 20 1 20 $65.38 $67.00 $2
20 - 50 $74 22.5 1 22.5 $73.55 $76.00 $2
50 - 100 $82 25 1 25 $81.72 $84.00 $2
100 + $98 30 1 30 $98.07 $101.00 $3
Temporary Power Pole for Construction Site $49 15 1 15 $49.03 $51.00 $2 Each additional Power Pole $16 5 1 5 $16.34 $17.00 $1
Temporary Generator $33 10 1 10 $32.69 $34.00 $1
Temporary Lighting $33 10 1 10 $32.69 $34.00 $1
Services, Switchboards, Control Centers, & Panels
up to 600 volts
up to 200 amps $49.00 15 1 15 $49.03 $51.00 $2
201 amps - 600 amps $65.00 20 1 20 $65.38 $67.00 $2
601 amps - 1,200 amps $82.00 25 1 25 $81.72 $84.00 $2
Over 1,200 amps $98.00 30 1 30 $98.07 $101.00 $3
greater than 600 volts $131.00 40 1 40 $130.75 $135.00 $4 Electrical Release $65.00 20 1 20 $65.38 $67.00 $2
Solar System
SFR 0-10 kW $196.00 30 2 60 $196.13 $202.00 $6
SFR 10+ kW $294.00 45 2 90 $294.20 $303.00 $9
MFR/Comm/Ind 0-10 kW $588.00 45 4 180 $588.39 $606.00 $18 MFR/Comm/Ind each add'l 10 kW up to 150 kW $196.00 15 4 60 $196.13 $202.00 $6 MFR/Comm/Ind 150+ kW Hourly Rate Hourly No Change
Special Inspector $45.00 15 $45.04 $46.00 $1
Inspections not specified/Miscellaneous (per half hour) $98.00 30 1 30 $98.07 $101.00 $3 Reinspections Hourly Rate Hourly No Change
Stand Alone Electrical Plan Check 100% of permit No Change CURRENT ON-SITE # OF TOTAL TOTAL PROPOSED $
FEES
FY 2024-25 TIME VISITS TIME COST
FEES
FY 2025-26
Increase /
(Change)
Permit Issuance $60.00 20 $60.05 $62.00 $2
Plumbing Fixtures and Vents (per fixture/vent) $33.00 5 2 10 $32.69 $34.00 $1 Repair or Alteration of Drainage or Vent Piping $33.00 5 2 10 $32.69 $34.00 $1 Grease Interceptor
Gravity $147.00 15 3 45 $147.10 $152.00 $5
Grease Trap $65.00 10 2 20 $65.38 $67.00 $2
Repipe (Whole House) $98.00 15 2 30 $98.07 $101.00 $3
Main Line Water/Gas Service $33.00 5 2 10 $32.69 $34.00 $1 Backflow Protection, per Site Sewer $65.00 10 2 20 $65.38 $67.00 $2 Each Additional Connection to Sewer $33.00 5 2 10 $32.69 $34.00 $1 Lawn Sprinkler System on any one meter including backflow $33.00 5 2 10 $32.69 $34.00 $1 Vacuum Breakers or Backflow Protection Dev.
1 - 4 $16.00 5 1 5 $16.34 $17.00 $1
Each additional 5 over 4 $13.00 4 1 4 $13.08 $13.00 $0
Gas Piping System
1-5 Outlets $33.00 5 2 10 $32.69 $34.00 $1
Each additional 5 over 5 $20.00 3 2 6 $19.61 $20.00 $0
Rainwater Systems $65.00 10 2 20 $65.38 $67.00 $2
Water Heater and Vent or Storage Tank $33.00 10 1 10 $32.69 $34.00 $1 Tankless Water Heater $49.00 15 1 15 $49.03 $51.00 $2
Solar Collectors, Per System $82.00 25 1 25 $81.72 $84.00 $2 Fire Sprinkler System
SFR $131.00 20 2 40 $130.75 $135.00 $4
MFR/Comm/Ind
1-20 heads $196.00 20 3 60 $196.13 $202.00 $6
21-50 heads $262.00 20 4 80 $261.51 $269.00 $7
51-100 heads $327.00 20 5 100 $326.88 $337.00 $10
100+ heads Hourly Rate Hourly No Change
Swimming Pool $65.00 10 2 20 $65.38 $67.00 $2
Inspections not specified/Miscellaneous (per half hour) $98.00 30 1 30 $98.07 $101.00 $3 Reinspections Hourly Rate Hourly No Change
Stand Alone Plumbing Plan Check 100% of Permit No Change TECHNOLOGY SURCHARGE 3% of applicable fees

CITY OF PICO RIVERA
USER CHARGES AND FEES, PROPOSED, APRIL 22, 2025 CPI Increase* 3.00%

CITY CLERK

TECHNOLOGY

SURCHARGE
3% of applicable fees
REF # SERVICE Description

CURRENT FEE
FY 2024-25

PROPOSED FEE
FY 2025-26
DOLLAR

INCREASE/(DECREA
SE)
CL-03100 DOCUMENT REPRODUCTION
Copies: $1.00 for first page and $0.20 per page thereafter. (FPPC documents are $0.10 per page) Complete Bound Documents: City Budget; RDA Budget; and CAFR will be produced at actual cost of reproduction.

Blueprints, Maps or Plans: Oversize- $11.00
Size C- $2.00; Size D- $5.00
Document Creation/Compilation - Actual cost of all personnel involved plus any outside costs. $ 1.00 $ 1.00 $ -
Blueprints, Maps, or Plans: Oversize $ 11.00 $ 11.00 $ - Size C $ 2.00 $ 2.00 $ -
Size D $ 5.00 $ 5.00 $ -
CL-03150 CERTIFICATION OF DOCUMENTS $10 per certification. $ 10.00 $ 10.00 $ - CL-03200 SUBPOENAED RECORD $15 PER RECORD REQUEST $ 15.00 $ 15.00 $ - $275 per day (in advance) for testimony under GC68096 $ 275.00 $ 275.00 $ - CL-03350 ELECTRONIC FILE COPY $9 per device, plus the actual cost of the device. $ 9.00 $ 9.00 $ - CL-03400 LOCAL CANDIDATE FILING
$25 filing fee, as set by state law.

Statement preparation will be charged at actual vendor cost.

This is the maximum allowed under State law (Elections Code section 10228). $ 25.00 No Change $ - CL-03500 LOCAL INITIATIVE FILING
$200 per initiative
Fee is to be refunded to the filer if, within one year of the date of filing the notice of intent, the elections official certifies the sufficiency of the petition.

This is the maximum allowed under State law (Elections Code section 9202(b)). $ 200.00 No Change $ - PW-04090 T.U.P.-PARADE/CARNIVAL/GENERAL
$1,571 per application
No application fee for non-profit organizations located in the City or other non-profit organizations with documentation greater than 50% of the members are City residents. $ 1,525.00 $ 1,571.00 $ 46.00

CITY OF PICO RIVERA
USER CHARGES AND FEES, PROPOSED, APRIL 22, 2025
FINANCE - WATER CPI Increase* 3.00%
TECHNOLOGY SURCHARGE 3% of applicable fees
REF # SERVICE Description

CURRENT FEE
FY 2024-25

PROPOSED FEE
FY 2025-26
DOLLAR

INCREASE/(DECREASE)
FN-02000

ANIMAL CONTROL & SHELTER

OPERATION
Annual dog license:
regular- $100;
Spayed or Neutered- $24;
Sr. Citizen (over 62) - regular-$61; Spayed or Neutered- $10 New/Replacement license tag - at actual cost of tag.
regular $ 97.00 $ 100.00 $ 3.00
Spayed/neutered $ 23.00 $ 24.00 $ 1.00
Sr. Citizen regular $ 59.00 $ 61.00 $ 2.00
Sr. Citizen Spayed/neutered $ 10.00 $ 10.00 $ -
FN-02100 NEW/MOVED BUSINESS LICENSE
$149 - Application review processing fee.
$34 - Replacement License
New $ 145.00 $ 149.00 $ 4.00
Replacement $ 33.00 $ 34.00 $ 1.00
FN-02300 SPECIAL BUSINESS PERMIT
$175 per application per permit. Requires a background check by the LA County Sheriff's Department.

Special Permit - Fully Allocated Hourly Rates for all involved personnel plus any outside costs. Requires a Building Plan Check (BU-05000) and a Certificate of Occupancy Inspection (BU-05500) $ 170.00 $ 175.00 $ 5.00 FN-02400 FIREWORKS PERMIT
$314 per application for a Retail Fireworks Permit, plus any costs charged to the City by the L.A. County Fire Department for inspections.
$144 per application for a Wholesale Fireworks Permit.
$411 per Wholesale Admin/Enforcement Fee
$587 Removal Deposit Fee
Application $ 305.00 $ 314.00 $ 9.00
Wholesale application $ 140.00 $ 144.00 $ 4.00
Enforcement fee $ 399.00 $ 411.00 $ 12.00
Removal deposit fee $ 570.00 $ 587.00 $ 17.00
FN-02600 BUSINESS LICENSE RENEWALS
$31 per renewal.
[Non-renewal penalties will be 10% per month until the payment is received, and the City Manager has the authority to negotiate and reduce the penalty to a maximum of 100% of the business license amount. $ 30.00 $ 31.00 $ 1.00 FN-02700 APPEAL TO LICENSE & PERMIT BOARD
$1,030 deposit with actual charges at the Fully Burdened Hourly Rates of all City staff involved. $ 1,000.00 $ 1,030.00 $ 30.00
FN-02800

RETURNED CHECK PROCESS ACH
RETURNS $67 per NSF check returned check $ 65.00 $ 67.00 $ 2.00 FN-02900 FILMING PERMIT
Simple Film Shoot: $515; plus
$100 per day of filming; and
$100 per day of use of City facilities other than streets or sidewalks.

Complex Film Shoot: $1,030; plus
$200 per day of filming; and
$200 per day of use of City facilities other than streets or sidewalks. Baseline permit cost Simple Film Shoot $ 500.00 $ 515.00 $ 15.00
Complex Film Shoot $ 1,000.00 $ 1,030.00 $ 30.00
WA-09100 PROCESS NEW WATER ACCOUNTS Application fee and Deposit fee for Residential and Non-Residential Accounts. $55 application fee plus initial deposit: $ 53.00 $ 55.00 $ 2.00 Resident - $117 per account $ 114.00 $ 117.00 $ 3.00
Other - $352 for first account plus $114 for each additional account $ 342.00 $ 352.00 $ 10.00 WA-09125

PAY WATER BILL BY PHONE
**UPDATED**

PAYMENT BY PHONE
$13 per bill
**UPDATED**
$13 PER PAYMENT MADE OVER THE PHONE $ 13.00 $ 13.00 $ - WA-09210 NEW WATER SERVICE INSTALLATION
5/8" - 1" - $2,029 per service plus the actual cost of parts, supplies, and outside services
1 1/2" - 2" - $4,043 per service plus the actual cost of parts, supplies, and outside services or deposit with actual costs as determined by staff. 5/8-1" - $1,970 $ 1,970.00 $ 2,029.00 $ 59.00

1.5"-2" - $3,925 $ 3,925.00 $ 4,043.00 $ 118.00
WA-09220 NEW FIRE SERVICE INSTALLATION
4" - 6" - $8,070 per service plus the actual cost of parts, supplies, and outside services
8" - 10" - $12,103 per service plus the actual cost of parts, supplies, and outside services or deposit with actual costs as determined by staff. 4-6" - $7,835 $ 7,835.00 $ 8,070.00 $ 235.00
8-10" - $11,750 $ 11,750.00 $ 12,103.00 $ 353.00
WA-09250 INSPECTION OF FIRE HYDRANT INSTALL $592 per inspection $ 575.00 $ 592.00 $ 17.00 WA-09255 FIRE FLOW TEST $376 per test plus actual cost of water used $ 365.00 $ 376.00 $ 11.00

CITY OF PICO RIVERA
USER CHARGES AND FEES, PROPOSED, APRIL 22, 2025
FINANCE - WATER CPI Increase* 3.00%
TECHNOLOGY SURCHARGE 3% of applicable fees
REF # SERVICE Description

CURRENT FEE
FY 2024-25

PROPOSED FEE
FY 2025-26
DOLLAR

INCREASE/(DECREASE)
WA-09300

CONSTRUCT (TEMPORARY) WATER
METER
$330 for the initial installation plus removal fee;
$165 per move if the meter is relocated.

A rental charges prorated in accordance with monthly water rates will also be charged, plus a $1,500 deposit.

Initial installation - $330 plus removal fee $ 320.00 $ 330.00 $ 10.00 Relocation - $165 per move if the meter is relocated $ 160.00 $ 165.00 $ 5.00 WA-09400 DELINQUENT WATER SVC TURN ON/OFF
Delinquent Bill or Short Red Notice:

Residential - $11
All others - 10% of the amount owed.

Turn On (in addition to other charges or penalties):
$93 if requested prior to 4:00 PM to be performed on regular working days or on next working day.
$412 if on same day restoration is requested after 4:00 PM or at any other time.

Delinquent bill residential - $11 $ 11.00 $ 11.00
All others - 10% of the amount owed No Change No Change Turn On (in addition to other charges or penalties):
$93 if requested prior to 4:00 PM to be performed on regular working days or on next working day. $ 90.00 $ 93.00 $ 3.00
$412 if on same day restoration is requested after 4:00 PM or at any other time. $ 400.00 $ 412.00 $ 12.00 WA-09500 DAMAGE TO WATER METER/LOCK
Charge the actual costs at the fully allocated hourly rates for all personnel involved plus any parts, supplies, or outside costs.

RATE + COST OF

MATERIALS
RATE + COST OF

MATERIALS
WA-09600

WATER RE-READING SERVICE ON
REQUEST $103 if prior reading was correct. $ 100.00 $ 103.00 $ 3.00 WA-09700 WATER METER TESTING $350 per test to be refunded if the meter was running fast (all size meters). $ 340.00 $ 350.00 $ 10.00 WA-09980

REQUESTED WATER SERVICE TURN
OFF
Courtesy first time turn off for repairs
$82 per second request for turn off
After Hours - $412
first request NO FEE CHARGED
$82 per second request for turn off $ 80.00 $ 82.00 $ 2.00 After Hours - $412 $ 400.00 $ 412.00 $ 12.00
WA-09990

WATER CONSUMPTION HISTORY
REPORT $21 per request. $ 20.00 $ 21.00 $ 1.00

CITY OF PICO RIVERA
USER CHARGES AND FEES, PROPOSED, APRIL 22, 2025
PLANNING - CODE ENFORCEMENT - PARKING CPI Increase* 3.00% TECHNOLOGY SURCHARGE 3% of applicable fees
REF # SERVICE Description

CURRENT FEE
FY 2024-25

PROPOSED FEE
FY 2025-26

DOLLAR INCREASE/
(DECREASE)
PL-07000 PRECISE PLAN OF DESIGN-FENCE $1,050 per application $ 1,050.00 $ - $ (1,050.00) PL-07010
PRECISE PLAN OF DESIGN-1 TO 4 RES'L
**UPDATED**

ADMINISTRATIVE USE PERMIT - SPECIFIED LAND
USES / SB9 PLANNING REVIEW
0-1 unit - $1,845 per application
2-4 units - $3,685 per application.
**UPDATED**
$3,687 PER APPLICATION
1 unit $ 1,845.00 $ - $ (1,845.00)
2-4 units $ 3,685.00 $ - $ (3,685.00)
$3,687 PER APPLICATION $ - $ 3,687.00 $ 3,687.00
PL-07020 PRECISE PLAN OF DESIGN-5+ RES/EXIST COMM
$4,095 per application for 5 or more residential units. $2,500 per application for commercial use in existing building per application for 5 or more residential units $ 4,095.00 $ - $ (4,095.00) per application for Commercial use in existing building $ 2,500.00 $ - $ (2,500.00) PL-07030

PRECISE PLAN OF DESIGN-NEW COMM/IND
**UPDATED**

ADMINISTRATIVE USE PERMIT - NEW COM/IND

MULTI-FAMILY DEVELOPMENT MINISTERIAL REVIEW
$5,608 - Commercial new construction > 500 sq. ft. and < 1,499 sq. ft. $5,608 - Industrial uses and new construction.
per application of Commercial New Construction $ 5,445.00 $ 5,608.00 $ 163.00 per application of Industrial uses and New Construction $ 5,445.00 $ 5,608.00 $ 163.00 PL-07050 COVENANT AGREEMENT/CC&R REVIEW $1,015 per application plus actual attorney cost. $ 985.00 $ 1,015.00 $ 30.00 PL-07060

DEVELOPMENT AGREEMENT/ ARCHITECTURAL

DESIGN REVIEW
Deposit based on the estimated cost with charges based on the Fully Burdened Hourly Rates of all City staff involved plus any outside costs including the contract City Attorney.

FULLY BURDENED RATE +
COST OF MATERIALS No Change $ -
PL-07070 GUEST HOUSE AGREEMENT REVIEW
$263 per application
(Land owner required to record document with County and pay recordation fee). $ 255.00 $ 263.00 $ 8.00 PL-07080 PREPARATION OF SPECIFIC PLAN
Deposit based on the estimated cost with charges based on the fully burdened hourly rates of all staff involved plus any outside costs.

FULLY BURDENED RATE +
COST OF MATERIALS No Change
PL-07090 SPECIFIC PLAN AMENDMENT
Deposit based on the estimated cost with charges based on the Fully Burdened Hourly Rates of all City staff involved plus any outside costs.

FULLY BURDENED RATE +
COST OF MATERIALS No Change
PL-07100 SITE INSPECTION/ JADU COVENANT - PLANNING $170 per inspection. $ 165.00 $ 170.00 $ 5.00 PL-07105

PLANNING EXTRA PLAN CHECK/ PRELIMINARY

REVIEW/REVISIONS/ INSPECT
Deposit based on the estimated cost with charges based on the Fully Burdened Hourly Rates of all City staff involved plus any outside costs.

FULLY BURDENED RATE +
COST OF MATERIALS No Change
PL-07106 PLANNING ATTORNEY EXTRA SERVICES
Deposit based on the estimated cost with charges based on the Fully Burdened Hourly Rates of all City staff involved plus any outside costs.

FULLY BURDENED RATE +
COST OF MATERIALS No Change
PL-07110 ZONING CODE AMENDMENT $7,689 per application or deposit with actual costs as determined by staff. $ 7,465.00 $ 7,689.00 $ 224.00 PL-07120 ZON'G-CONS REV SFD:FEN/WTR HTR/HVAC $170 per application. $ 165.00 $ 170.00 $ 5.00 PL-07125 ZON'G-CONS REV ROLL OFF PRIV PROP $82 per application $ 80.00 $ 82.00 $ 2.00 PL-07130 ZON'G-CONS REV N-SFD:FEN/W-HTR/HVAC $340 per application. $ 330.00 $ 340.00 $ 10.00 PL-07140 ZON'G-CONS REV MINOR RES. ZCR
$170 per application;
[double for code enforcement violations]. $ 165.00 $ 170.00 $ 5.00 PL-07150 ZON'G-CONS REV STAND. RES. ZCR
$340 per application
[double for code enforcement violations.] $ 330.00 $ 340.00 $ 10.00 PL-07170 ZON'G-CONS REVIEW COMM/INDUST
$675 per application
[double for code enforcement violations.] $ 655.00 $ 675.00 $ 20.00 PL-07200 CODE ENFORCEMENT INSPECTION $129 per hour after the third site visit $ 125.00 $ 129.00 $ 4.00 PL-07210 ZONING CODE VIOLATION TIME EXT. $129 per application $ 125.00 $ 129.00 $ 4.00 PL-07220 ZONE RECLASSIFICATION $6,983 per application or deposit with actual costs as determined by staff. $ 6,780.00 $ 6,983.00 $ 203.00 PL-07230 T.U.P.-SEASONAL SALES/PROMO
$561 per application
plus a $300 refundable deposit;
less 10% each day activity extends beyond set time period.

No application fee for non-profit organizations located in the City or other nonprofit organizations with documentation greater than 50% of the members are City residents. $ 545.00 $ 561.00 $ 16.00
PL-07235 T.U.P.-SPEC EVENT ON PRIVATE PROP
$561 per application
plus a $300 refundable deposit;
less 10% each day activity extends beyond set time period.

No application fee for non-profit organizations located in the City or other nonprofit organizations with documentation greater than 50% of the members are City residents. $ 545.00 $ 561.00 $ 16.00
PL-07240 RELOCATION PERMIT & INSPECTION $1,751 - deposit/100% recovery using fully burdened hourly rates. $ 1,700.00 $ 1,751.00 $ 51.00 PL-07250 HOME OCCUPATION PERMIT $196 per application $ 190.00 $ 196.00 $ 6.00 PL-07255

HOME OCCUPATION COTTAGE FOOD PERMIT/

GROUP HOME PERMIT/ SOBER LIVING PERMIT/

MICROENTERPRISE HOME KITCHEN OPERATIONS
(MEHKO) APPLICATION $541 per application $ 525.00 $ 541.00 $ 16.00

CITY OF PICO RIVERA
USER CHARGES AND FEES, PROPOSED, APRIL 22, 2025
PLANNING - CODE ENFORCEMENT - PARKING CPI Increase* 3.00% TECHNOLOGY SURCHARGE 3% of applicable fees
REF # SERVICE Description

CURRENT FEE
FY 2024-25

PROPOSED FEE
FY 2025-26

DOLLAR INCREASE/
(DECREASE)
PL-07260 PLANNING TIME EXTENSION
Residential (SFD) - $67 per application
Non-Residential & Multi-Family Residential - $381 per application Planning Commission Time Extension - $783 per application Residential $ 65.00 $ 67.00 $ 2.00
Non Residential $ 370.00 $ 381.00 $ 11.00
Planning Commission $ 760.00 $ 783.00 $ 23.00
PL-07270 GENERAL PLAN AMEND.REV.& REVISION
Deposit based on the estimated actual revision cost with charges based on the Fully Burdened Hourly Rates of all City staff involved plus any outside costs.

FULLY BURDENED RATE +
COST OF MATERIALS No Change $ -
PL-07280 GENERAL PLAN/ZONING CODE MAINT.

4.5% of building, electrical, plumbing, and mechanical permit fees for 50% cost recovery.

4.5% of building, electrical,
plumbing, and mechanical permit
fees for 50% cost recovery. No Change
PL-07290 ANNEXATION PROCESSING
Deposit based on the estimated actual revision cost with charges based on the fully burdened hourly rates of all staff involved plus any outside costs.

FULLY BURDENED RATE +
COST OF MATERIALS No Change $ -
PL-07300 CONDITIONAL USE PERMIT REVIEW
$6,113 per application or deposit determined by staff with charges based on the fully burdened hourly rates of all staff involved plus any outside costs. $ 5,935.00 $ 6,113.00 $ 178.00 PL-07310 CUP-MINOR MODIF. - ZONING ADMIN. $1,967 per application. $ 1,910.00 $ 1,967.00 $ 57.00 PL-07320 CUP-MINOR MODIF. - PLANNING COMM. $3,487 per application $ 3,385.00 $ 3,487.00 $ 102.00 PL-07340 SIGN PLAN CHECK & INSPECTION $402 per permit $ 390.00 $ 402.00 $ 12.00 PL-07345 MASTER SIGN PLAN REVIEW
Less than 10 signs - $1,154 per application
10 or more Signs - $3,178 per application or a deposit with actual costs as determined by staff.
>10 signs $ 1,120.00 $ 1,154.00 $ 34.00
<10 signs $ 3,085.00 $ 3,178.00 $ 93.00
PL-07350 CERT COMPLIANCE/LOT LINE ADJUSTMENT
Certificate of Compliance - $1,097 per application
Lot Line Adjustment - $2,194 per application or deposit with actual costs as determined by staff.

Certificate of Compliance $ 1,065.00 $ 1,097.00 $ 32.00 Lot Line Adjustment $ 2,130.00 $ 2,194.00 $ 64.00
PL-07360 WINDOW SIGNAGE REVIEW $98 per application. $ 95.00 $ 98.00 $ 3.00 PL-07370 LANDSCAPE & IRRIGATION PLAN CK/INSP
1-500 square feet - $278 per plan
500+ square feet - $690 per plan
1-500 sq. ft. $ 270.00 $ 278.00 $ 8.00
500 + sq. ft. $ 670.00 $ 690.00 $ 20.00
PL-07390 APPEAL TO PLAN COMM/DESIGN REV BRD
$1,030 - Single Family Residential Zone, Owner Occupied $3,868 - all others
Single Family Residential Zone, Owner Occupied $ 1,000.00 $ 1,030.00 $ 30.00 all others $ 3,755.00 $ 3,868.00 $ 113.00
PL-07400 ENVIRONMENTAL CEQA REVIEW
Deposit determined by staff with charges at the fully allocated hourly rate for all personnel involved plus any outside costs.

FULLY BURDENED RATE +

COST OF MATERIALS

FULLY BURDENED
RATE + COST OF
MATERIALS $ -
PL-07410 ENVIRON. CATEGORICAL EXEMPTION
Other - $412 per application
In-Fill - $1,983 per application
Applicant may be required to obtain a consultant at additional cost.

Other $ 400.00 $ 412.00 $ 12.00
In-Fill $ 1,925.00 $ 1,983.00 $ 58.00
PL-07490 APPEAL TO CITY COUNCIL
$1,030 for single family residential zone, owner occupied $4,738 for all others
single family residential zone, owner occupied $ 1,000.00 $ 1,030.00 $ 30.00 all others $ 4,600.00 $ 4,738.00 $ 138.00
PL-07500 TENTATIVE PARCEL MAP REVIEW $5,356 per application or deposit with actual costs as determined by staff. $ 5,200.00 $ 5,356.00 $ 156.00 PL-07550 TENTATIVE TRACT MAP REVIEW $7,787 per application or deposit with actual costs as determined by staff. $ 7,560.00 $ 7,787.00 $ 227.00 PL-07560 VARIANCE REVIEW $4,810 per application or deposit with actual costs as determined by staff. $ 4,670.00 $ 4,810.00 $ 140.00 PL-07600 FINAL PARCEL MAP CHECK
$4,146 per map (includes up to 3 submittals)
Plus $900 for each submittal after the third submittal
or deposit with actual costs as determined by staff. $ 4,025.00 $ 4,146.00 $ 121.00 $ -

CITY OF PICO RIVERA
USER CHARGES AND FEES, PROPOSED, APRIL 22, 2025
PLANNING - CODE ENFORCEMENT - PARKING CPI Increase* 3.00% TECHNOLOGY SURCHARGE 3% of applicable fees
REF # SERVICE Description

CURRENT FEE
FY 2024-25

PROPOSED FEE
FY 2025-26

DOLLAR INCREASE/
(DECREASE)
PL-07650 FINAL TRACT MAP CHECK
Includes up to 3 submittals. Plus $2,000 for each submittal after the third submittal or deposit with actual costs as determined by staff. 5-10 lots $ 5,385.00 $ 5,547.00 $ 162.00
11-25 lots $ 8,320.00 $ 8,570.00 $ 250.00
26-50 lots $ 11,445.00 $ 11,788.00 $ 343.00
51-100 lots $ 15,360.00 $ 15,821.00 $ 461.00
101- 150 lots $ 22,790.00 $ 23,474.00 $ 684.00
150+ lots $ 29,440.00 $ 30,323.00 $ 883.00
PL-07740 MITIGATION/COND OF APPROVAL MONITOR
Deposit determined by staff with charges based on the fully burdened hourly rates of all staff involved plus any outside costs.

Deposit paid annually.

FULLY BURDENED RATE +
COST OF MATERIALS No Change $ -
PL-07770 MINOR VARIANCE REVIEW
Single Family Residential Zone, Owner Occupied - $515 per application Other - $1,823 per application
Single Family Residential $ 500.00 $ 515.00 $ 15.00
Other $ 1,770.00 $ 1,823.00 $ 53.00
PL-07800 WILD ANIMAL PERMIT REVIEW $1,236 per application. $ 1,200.00 $ 1,236.00 $ 36.00 PL-07850 PIGEON PERMIT
$242 per application
$52 per annual renewal of permit
$103 to appeal rejection of application
application $ 235.00 $ 242.00 $ 7.00
renewal $ 50.00 $ 52.00 $ 2.00
appeal $ 100.00 $ 103.00 $ 3.00
PL-07860 ZONING VERIFICATION LETTER
$330 per letter plus actual costs at the fully allocated hourly rates for all personnel involved if over the standard amount of time $ 320.00 $ 330.00 $ 10.00 PL-07990 PROMOTIONAL ADVERTISING PERMIT
Banner/Pennant :
30 day permit - $82 per application
60 day permit - $82 per application
Flag (7 day permit ) - $82 per application
plus $100 refundable deposit
plus 10% each day activity extends beyond set time period. 30 day $ 80.00 $ 82.00 $ 2.00
60 day $ 80.00 $ 82.00 $ 2.00
7 day $ 80.00 $ 82.00 $ 2.00
PL-08000 ENTERTAINMENT PERMIT
Category 1:

New - $1,025
Renewal - $695
Modification - $479
Category 2:

New - $3,229
Renewal - $1,396
Modification - $1,396
Appeal - $1,978
Cat1: new $ 995.00 $ 1,025.00 $ 30.00
Cat1: renewal $ 675.00 $ 695.00 $ 20.00
Cat1: modification $ 465.00 $ 479.00 $ 14.00
Cat2: new $ 3,135.00 $ 3,229.00 $ 94.00
Cat2: renewal $ 1,355.00 $ 1,396.00 $ 41.00
Cat2: modification $ 1,355.00 $ 1,396.00 $ 41.00
Cat2: Appeal $ 1,920.00 $ 1,978.00 $ 58.00
PL-09000 TOBACCO RETAIL PERMIT $536 per permit per year $ 520.00 $ 536.00 $ 16.00 PL-09500 MISCELLANEOUS PLANNING REVIEW
Deposit determined by staff with charges based on the fully burdened hourly rates of all staff involved plus any outside costs.

FULLY BURDENED RATE +

COST OF MATERIALS

FULLY BURDENED
RATE + COST OF
MATERIALS $ -
PS-06400 VEHICLE IMPOUND RELEASE $242 per vehicle prior to release of vehicle, plus towing costs. $ 235.00 $ 242.00 $ 7.00 PS-06410 INOPERATIVE VEHICLE ABATEMENT PROGR $1,164 per vehicle plus towing costs $ 1,130.00 $ 1,164.00 $ 34.00 PS-06420 INOPERATIVE VEHICLE TIME EXT REVIEW $31 per application. $ 30.00 $ 31.00 $ 1.00 PS-06430 INOP VEHICLE REQ FOR ADMIN REVIEW $242 per application. $ 235.00 $ 242.00 $ 7.00 PS-06440 RESIDENT PARKING PERMIT $37 per permit $ 36.00 $ 37.00 $ 1.00

CITY OF PICO RIVERA
USER CHARGES AND FEES, PROPOSED, APRIL 22, 2025
PUBLIC WORKS CPI Increase* 3.00%
TECHNOLOGY SURCHARGE 3% of applicable fees
REF # SERVICE Description

CURRENT FEE
FY 2024-25

PROPOSED FEE
FY 2025-26
DOLLAR

INCREASE/(DECREASE)
PW-04000 PUBLIC IMPROVEMENT PLAN CHECK
Fees based on the valuation of the construction:
$0-$50,000 - $2,127
$50,001-$150,000 - $2,127 plus 0.7% of the amount over $50,000 $150,001-$300,000 - $2,848 plus 1.85% of the amount over $150,000 $300,001-$1,000,000 - $5,629 plus 0.75% of the amount over $300,000 $1,000,001+ = $11,036 plus 0.75% of the amount over $1,000,000 Plus 10% of the original fee for each plan check after the third plan check project value:$0-$50,000 $ 2,065.00 2,127.00 $ 62.00
project value:$50,001-$150,000 $ 2,065.00 2,127.00 $ 62.00 project value:$150,001-$300,000 $ 2,765.00 2,848.00 $ 83.00 project value:$300,001-$1,000,000 $ 5,465.00 5,629.00 $ 164.00 project value: $1,000,001 $ 10,715.00 11,036.00 $ 321.00 PW-04001 PUBLIC IMPROVEMENT INSPECTION
Fees based on the valuation of the construction:
$0-$50,000 - $819
$50,001-$150,000 - $819 plus 1.19% of the amount over $50,000 $150,001-$300,000 - $2,045 plus 1.36% of the amount over $150,000 $300,001-$1,000,000 - $4,146 plus 0.46% of the amount over $300,000 $1,000,001+ = $7,462 plus 0.46% of the amount over $1,000,000 plus actual costs after the standard number of inspections. project value:$0-$50,000 $ 795.00 $ 819.00 $ 24.00
project value:$50,001-$150,000 $ 795.00 $ 819.00 $ 24.00 project value:$150,001-$300,000 $ 1,985.00 $ 2,045.00 $ 60.00 project value:$300,001-$1,000,000 $ 4,025.00 $ 4,146.00 $ 121.00 project value: $1,000,001 $ 7,245.00 $ 7,462.00 $ 217.00 PW-04040

WATER/SEWER/STORM DRAIN IMPROVE

PLAN CHECK
Fees based on the valuation of the construction:
$0-$25,000 - $649
$25,001-$50,000 - $845
$50,001-$100,000 - $1,045
$100,001-$150,000 - $1,241
$150,001 - Actual costs at the fully allocated hourly rates for all personnel involved plus any outside costs
Plus 10% of the original fee for each plan check after the third plan check $0-$25,000 $ 630.00 $ 649.00 $ 19.00
$25,001-$50,000 $ 820.00 $ 845.00 $ 25.00
$50,001-$100,000 $ 1,015.00 $ 1,045.00 $ 30.00
$100,001-$150,000 $ 1,205.00 $ 1,241.00 $ 36.00
$150,001 + - Actual costs at the fully allocated hourly rates for all personnel involved plus any outside costs
FULLY BURDENED RATE +
COST OF MATERIALS No Change
PW-04045

WATER/SEWER/STORM DRAIN IMPROVE

INSPECT
Fees based on the valuation of the construction:
$0-$5,000 - $453
$5,001-$25,000 - $1,354
$25,001-$50,000 - $2,709
$50,001-$100,000 - $3,610
$100,001-$150,000 - $4,511
$150,001 - Actual costs at the fully allocated hourly rates for all personnel involved plus any outside costs
$0-$5,000 $ 440.00 $ 453.00 $ 13.00
$5,001-$25,000 $ 1,315.00 $ 1,354.00 $ 39.00
$25,001-$50,000 $ 2,630.00 $ 2,709.00 $ 79.00
$50,001-$100,00 $ 3,505.00 $ 3,610.00 $ 105.00
$100,001-$150,000 $ 4,380.00 $ 4,511.00 $ 131.00
$150,001 +
FULLY BURDENED RATE +
COST OF MATERIALS No Change
PW-04050

STORM WATER MITIGATION PLAN
REVIEW
$3,646 per plan plus any costs of the NPDES Consultant. $ 3,540.00 $ 3,646.00 $ 106.00
PW-04060

DRAINAGE/SEWER STUDY
REVIEW/APPROV.

Deposit based on the estimated cost with charges based on the Fully Burdened Hourly Rates of all City staff involved plus any outside costs.

FULLY BURDENED RATE +
COST OF MATERIALS No Change
PW-04070

SEWER AREA STUDY

REVIEW/APPROVAL
Deposit based on the estimated cost with charges based on the Fully Burdened Hourly Rates of all City staff involved plus any outside costs.

FULLY BURDENED RATE +
COST OF MATERIALS No Change

CITY OF PICO RIVERA
USER CHARGES AND FEES, PROPOSED, APRIL 22, 2025
PUBLIC WORKS CPI Increase* 3.00%
TECHNOLOGY SURCHARGE 3% of applicable fees
REF # SERVICE Description

CURRENT FEE
FY 2024-25

PROPOSED FEE
FY 2025-26
DOLLAR

INCREASE/(DECREASE)
PW-04080 RIGHT-OF-WAY DEBRIS CLEANUP
$200 minimum charge or 100% of actual costs to the City for cleanup. Charged to the owner and/or operator of the vehicle involved.

FULLY BURDENED RATE +
COST OF MATERIALS No Change
PW-04100

NEW/MODIF TRAFFIC SIGNAL

INSPECTION
Deposit based on the estimated cost with charges based on the Fully Burdened Hourly Rates of all City staff involved plus any outside costs; plus any costs billed to the City by the City of Santa Fe Springs.

FULLY BURDENED RATE +
COST OF MATERIALS No Change
PW-04200

STREET VACATION REQUEST

PROCESSING
Deposit based on the estimated cost with charges based on the Fully Burdened Hourly Rates of all City staff involved plus any outside costs.

FULLY BURDENED RATE +
COST OF MATERIALS No Change
PW-04300 SPECIAL TRAFFIC STUDY
Deposit of the estimated actual cost at the Fully Burdened Hourly Rates of City staff involved plus any remainder upon completion; also plus any outside costs.

FULLY BURDENED RATE +
COST OF MATERIALS No Change
PW-04350 TRAFFIC CONTROL PLAN REVIEW
Residential Street - $299 per plan plus $409 per day after the first day $ 290.00 $ 299.00 $ 9.00
Collector/Arterial Street - $443 per plan $ 430.00 $ 443.00 $ 13.00 Intersection - Charge the fully allocated hourly rates for all personnel involved plus any outside costs.

FULLY BURDENED RATE +
COST OF MATERIALS No Change
PW-04500 EXCAVATION PERMIT ISSUANCE & INSP
Minor = $407 per permit
$ 395.00 $ 407.00 $ 12.00
Other = Actual cost using Fully Burdened Hourly Rates of City staff involved FULLY BURDENED RATE +
COST OF MATERIALS No Change
PW-04550 GRADING PLAN CHECK
Based on cubic yards:

Plus 10% of the original fee for each plan check after the third plan check cubic yards: 0 to 100 - $1,164
cubic yards: 101 to 1,000 - $1,164 + $347 per 100 c.y.
cubic yards: 1,001 to 10,000 - $4,381 + $330 per 1,000 c.y. cubic yards: 10,001+ - Actual costs with charges at the fully allocated hourly rates for all personnel involved plus any outside costs.
cubic yards: 0 to 100 $ 1,130.00 $ 1,164.00 $ 34.00
cubic yards: 101 to 1,000 $ 1,130.00 $ 1,164.00 $ 34.00 cubic yards: 1,001 to 10,000 $ 4,253.00 $ 4,381.00 $ 128.00 cubic yards: 10,001+
FULLY BURDENED RATE +
COST OF MATERIALS No Change
PW-04570 GRADING INSPECTION
Based on cubic yards:

Plus actual costs after the standard number of inspections. cubic yards 0 to 100 - $407
cubic yards 101 to 1,000 - $407 + $83 per 100 c.y.
cubic yards 1,001 to 10,000 - $1,176 + $268 per 1,000 c.y. cubic yards 10,001 + - Actual costs with charges at the fully allocated hourly rates for all personnel involved plus any outside costs.

Plus actual cots after the standard number of inspections. cubic yards 0 to 100 $ 395.00 $ 407.00 $ 12.00
cubic yards 101 to 1,000 $ 395.00 $ 407.00 $ 12.00
cubic yards 1,001 to 10,000 $ 1,142.00 $ 1,176.00 $ 34.00 cubic yards 10,001 +
FULLY BURDENED RATE +
COST OF MATERIALS No Change
PW-04600 EXISTING CURB/GUTTER/SIDEWALK $232 per permit. $ 225.00 $ 232.00 $ 7.00 PW-04700 CONST.PERMIT-NEW CURB,GUTTER,S/W
Up to 50 linear feet - $395 per permit
50 linear feet or more - Deposit as determined by staff with charges at the fully allocated hourly rate for all personnel involved plus any outside costs Up to 50 linear feet - $407 per permit $ 395.00 $ 407.00 $ 12.00 50 linear feet or more - Deposit as determined by staff with charges at the fully allocated hourly rate for all personnel involved plus any outside costs FULLY BURDENED RATE +
COST OF MATERIALS No Change
PW-04710

RE-CONSTRUCT-EXIST DRIVEWAY
APPRCH. $232 per permit. $ 225.00 $ 232.00 $ 7.00
PW-04720

NEW DRIVEWAY APPROACH CONSTR
PERMIT $407 per permit. $ 395.00 $ 407.00 $ 12.00
PW-04740
TEMP. ENCROACH - ROLL-OFF

DUMPSTER/POD
Residents - No Charge
Others - $118 per permit
Residents NO FEE CHARGED
Others - $118 per permit $ 115.00 $ 118.00 $ 3.00
PW-04745

TEMP ENCROACH - CRANE/CHERRY
PICKER $232 per permit $ 225.00 $ 232.00 $ 7.00
PW-04750
PERM ENCROACHMENTWALL/FENCE/ETC $376 per permit. $ 365.00 $ 376.00 $ 11.00 PW-04755

TEMP ENCR-BLOCK PARTY/STRT
CLOSURE $314 per permit $ 305.00 $ 314.00 $ 9.00

CITY OF PICO RIVERA
USER CHARGES AND FEES, PROPOSED, APRIL 22, 2025
PUBLIC WORKS CPI Increase* 3.00%
TECHNOLOGY SURCHARGE 3% of applicable fees
REF # SERVICE Description

CURRENT FEE
FY 2024-25

PROPOSED FEE
FY 2025-26
DOLLAR

INCREASE/(DECREASE)
PW-04800

NEWSRACK/BENCH ENCROACHMENT
REV.
$252 per permit plus $100 per news rack/bench
Impound/Removal - $479 per news rack/bench
Appeal:

Com & Econ Director - $958
City Manager - $613 $ 245.00 $ 252.00 $ 7.00
Impound/Removal - $479 per news rack/bench $ 465.00 $ 479.00 $ 14.00 Appeal: Com & Econ Director - $958 $ 930.00 $ 958.00 $ 28.00 Appeal: City Manager - $613 $ 595.00 $ 613.00 $ 18.00

CITY OF PICO RIVERA
USER CHARGES AND FEES, PROPOSED, APRIL 22, 2025

PLANNING FEES TO BE REMOVED
REF # SERVICE Description

CURRENT FEE
FY 2024-25

PROPOSED FEE
FY 2025-26

DOLLAR INCREASE/
(DECREASE)
PL-07000 PRECISE PLAN OF DESIGN-FENCE $1,050 per application $ 1,050.00 $ - $ - PL-07020
PRECISE PLAN OF DESIGN-5+ RES/EXIST
COMM
$4,095 per application for 5 or more residential units. $2,500 per application for commercial use in existing building per application for 5 or more residential units $ 4,095.00 $ - $ - per application for Commercial use in existing building $ 2,500.00 $ - $ - PARKS REC FEES Proposed FY 2025-26
Enclosure - Proposed Parks & Rec Fees FY 2025-26

DIVISION SERVICE

CURRENT FEE
FY 2024-25

PROPOSED FEE
FY 2025-26 IMPACT DOLLAR INCREASE/ (DECREASE) EXPLANATION

AQUATICS ADAPTIVE ONE-ON-ONE
SWIMMING LESSONS Per class per participant - $20 Per class per participant - $20 NO CHANGE -

AQUATICS
JUNIOR LIFEGUARD CLASS - 16

YEAR & OLDER
$150 per session per participant - CPR certificate fee not included (residents to receive priority registration)
$150 per session per participant - CPR certificate fee not included (residents to receive priority registration) NO CHANGE - AQUATICS POOL RENTAL - ERUSD Lifeguard - $25 per hour per lifeguard (minimum 3 lifeguards, 1 extra lifeguard per every 50 swimmer increment over 75 swimmers) Lifeguard - $25 per hour per lifeguard (minimum 3 lifeguards, 1 extra lifeguard per every 50 swimmer increment over 75
swimmers)

NO CHANGE -
AQUATICS POOL RENTAL - Non--ERUSD
Reservation - $150 per hour (minimum 2 hours)
+ $2 per swimmer or entrant
+ Lifeguard $25 per hour per lifeguard (2 lifeguard minimum) [1 - 50 Swimmers, 2 lifeguard minimum]
[51-100 Swimmers, 3 lifeguard minimum]
[101-150 Swimmers, 4 lifeguard minimum]
[151-200 Swimmers, 5 lifeguard minimum]
Reservation - $150 per hour (minimum 2 hours)
+ $2 per swimmer or entrant
+ Lifeguard $25 per hour per lifeguard (2 lifeguard minimum) [1 - 50 Swimmers, 2 lifeguard minimum]
[51-100 Swimmers, 3 lifeguard minimum]
[101-150 Swimmers, 4 lifeguard minimum]
[151-200 Swimmers, 5 lifeguard minimum]

NO CHANGE -

AQUATICS PRIVATE/ADULT SWIMMING

LESSONS
4 Classes:
$55 per session per participant (residents to receive priority registration) 4 Classes:
$55 per session per participant (residents to receive priority registration)

NO CHANGE -
AQUATICS RECREATIONAL SWIMMING Recreational Swimming - $2 per participant Lap Swimming - $3 per participant
Recreational Swimming - $2 per participant
Lap Swimming - $3 per participant

NO CHANGE -
AQUATICS SWIM TEAM 4 week clinic / 3 days per week:
$65 per session per participant (residents to receive priority registration) 4 week clinic / 3 days per week:
$65 per session per participant (residents to receive priority registration)

NO CHANGE -
AQUATICS SWIMMING LESSONS 2 week session / 4 days per week:
$55 per session per participant (residents to receive priority registration) 2 week session / 4 days per week:
$55 per session per participant (residents to receive priority registration)

NO CHANGE -

BATTING CAGES BATTING CAGES
$2 for 15 pitches
Rental:

Single Cage - $30 per hour
All Cages - $80 per hour
$2 for 15 pitches
Rental:

Single Cage - $30 per hour
All Cages - $80 per hour

NO CHANGE -
CHILD SUPERVISION SEASONAL CHILDCARE CAMPS $120 per week per participant (residents to receive priority registration) Camp T-Shirt - Actual Cost +10%
$140 per week per participant (residents to receive priority registration) Camp T-Shirt- Actual Cost + 10% INCREASE $20.00 High demand for this program has resulted in higher
expenditures. As PT minimum wages and excursion
cost continue to increase the expense to offer
camps greatly increases. The increase will help to
subsidize program costs to ensure the long-term
viability and sustainability of the program.

COMMUNITY GARDENS COMMUNITY GARDENS - 18'x22'
plots
$60 per year per senior resident
60+ years
$85 per year per adult resident
$95 per year per adult Non- resident
$60 per year per senior resident
60+ years
$85 per year per adult resident
$95 per year per adult Non- resident

NO CHANGE -

COMMUNITY GARDENS
COMMUNITY GARDENS - 8.5'x22'
plots
$50 per year per senior resident
$75 per year per adult resident
$85 per year per adult Non--resident
$50 per year per senior resident
$75 per year per adult resident
$85 per year per adult Non--resident

NO CHANGE -
COMMUNITY GARDENS GATE KEY REPLACEMENT FEE $15 per key replaced $15 per key replaced NO CHANGE - Enclosure 3 / Exhibit A
2c
PARKS REC FEES Proposed FY 2025-26

DIVISION SERVICE

CURRENT FEE
FY 2024-25

PROPOSED FEE
FY 2025-26 IMPACT DOLLAR INCREASE/ (DECREASE) EXPLANATION COMMUNITY GARDENS ID REPLACEMENT FEE $10 per ID replaced $10 per ID replaced NO CHANGE - COMMUNITY GARDENS Non--COMMITMENT FEE $25 per missed required clean-up day (4 clean-up days per year) $25 per missed required clean-up day (4 clean-up days per year) NO CHANGE - COMMUNITY GARDENS PLOT MAINTENANCE FEE $50 per notice of Non--compliance with required plot maintenance $50 per notice of Non--compliance with required plot maintenance NO CHANGE -

CONTRACT CLASSES CONTRACT CLASSES
-City 40% and Contract Instructor 60% (if City provides insurance for Contractor)
-City 30% and Contract Instructor 70% (if Contractor provides own insurance)
-City 40% and Contract Instructor 60% (if City provides insurance for Contractor)
-City 30% and Contract Instructor 70% (if Contractor provides own insurance)

NO CHANGE -
GAZEBO RENTALS BOUNCE HOUSE / JUMPER PERMIT $60 Per Bounce House / Jumper Permit $70 Per Bounce House / Jumper Permit INCREASE $10.00 Bounce houses contribute to increased wear on
park grounds, requiring more frequent
maintenance. Staff time is required to process
applications, verify insurance requirements and
coordinate approvals.

GAZEBO RENTALS PICO PARK GAZEBO - 75 PPL. $100 Per Day (9am - dusk) Resident $125 | Non- Resident $150 INCREASE $25/$50 By increasing gazebo rental rates, we can better
account for staffing costs associated with facility
maintenance and event support. Implementing
a Non--resident rate will also allow us to
generate additional revenue while prioritizing
affordable access for local residents
GAZEBO RENTALS RIO HONDO PARK 1/2 GAZEBO - 75
PPL. $100 Per Day (9am - dusk) Resident $125 | Non- Resident $150 INCREASE $25/$50 By increasing gazebo rental rates, we can better
account for staffing costs associated with facility
maintenance and event support. Implementing
a Non--resident rate will also allow us to
generate additional revenue while prioritizing
affordable access for local residents

GAZEBO RENTALS RIO HONDO PARK WHOLE GAZEBO -
150 PPL. $175 Per Day (9am - dusk) Resident $200 | Non- Resident $225 INCREASE $25/$50 By increasing gazebo rental rates, we can better
account for staffing costs associated with facility
maintenance and event support. Implementing
a Non--resident rate will also allow us to
generate additional revenue while prioritizing
affordable access for local residents
GAZEBO RENTALS RIVERA PARK WEST GAZEBO - 75
PPL. $100 Per Day (9am - dusk) Resident $125| Non- Resident $150 INCREASE $25/$50 By increasing gazebo rental rates, we can better
account for staffing costs associated with facility
maintenance and event support. Implementing
a Non--resident rate will also allow us to
generate additional revenue while prioritizing
affordable access for local residents
GAZEBO RENTALS SMITH PARK GAZEBO 1 (LARGE) -
75 PPL. $100 Per Day (9am - dusk) Resident $125| Non- Resident $150 INCREASE $25/$50 By increasing gazebo rental rates, we can better
account for staffing costs associated with facility
maintenance and event support. Implementing
a Non--resident rate will also allow us to
generate additional revenue while prioritizing
affordable access for local residents
PARKS REC FEES Proposed FY 2025-26

DIVISION SERVICE

CURRENT FEE
FY 2024-25

PROPOSED FEE
FY 2025-26 IMPACT DOLLAR INCREASE/ (DECREASE) EXPLANATION GAZEBO RENTALS SMITH PARK GAZEBO 2 (SMALL) -
50 PPL. $75 Per Day (9am - dusk) Resident $100/hr | Non- Resident $125 INCREASE $25/$50 By increasing gazebo rental rates, we can better
account for staffing costs associated with facility
maintenance and event support. Implementing
a Non--resident rate will also allow us to
generate additional revenue while prioritizing
affordable access for local residents
GOLF COURSE BANQUET RENTALS Fair Market Value
Monday-Thursday
Open-1:00pm $150 per hour room rental
1:00pm-Close $200 per hour room rental
Friday-Sunday $300 per hour room rental
$250 Non--Refundable Booking Deposit
INCREASE - New fees went into effect July 2024

GOLF COURSE DRIVING RANGE
Small Bucket - $5
Medium Bucket - $7
Large Bucket - $9
Small Range Key ($60 worth of range balls) - $50
Medium Range Key ($100 worth of range balls) - $75
Large Range Key ($130 worth of range balls) - $100
SCGA Youth Medium Bucket - $2 (must have SCGA card)
Small Bucket - $6
Medium Bucket - $9
Large Bucket - $12
INCREASE $1.00 - 3.00 New fees went into effect July 2024 GOLF COURSE ELECTRIC CART RENTAL $10 per person $20 INCREASE $10.00 New fees went into effect July 2024 GOLF COURSE FOOD & BEVERAGE Fair Market Value Fair Market Value NO CHANGE GOLF COURSE GOLF LESSONS Group Lessons - $30 per 45 minutes per person Private Lessons - $40 per 30 minutes per person
Group Lessons - $40 per 30 minutes per person
Private Lessons - $75 per 50 minutes per person INCREASE $10.00 - 35.00 New fees went into effect July 2024 GOLF COURSE MERCHANDISE Fair Market Value Fair Market Value NO CHANGE - GOLF COURSE PUSH CART RENTAL $5 per cart $8.00 INCREASE $3 New fees went into effect July 2024 GOLF COURSE RENTAL CLUBS - SET $5 per rental $25 per rental INCREASE $20 New fees went into effect July 2024

GOLF COURSE TOURNAMENTS - PER ONE ROUND
Weekend Shotgun - $20 per person
Weekday Shotgun - $18 per person
Weekend Tee Time - $16 per person
Weekday Tee Time - $13 per person
Weekend Shotgun - $20 per person
Weekday Shotgun - $18 per person
Weekend Tee Time - $16 per person
Weekday Tee Time - $13 per person

NO CHANGE -

GOLF COURSE GREEN FEES
WEEKDAY (Mon. - Fri.) -
Resident before 5pm - $9
Resident after 5pm - $11
Non- Resident before 5pm - $13
Non- Resident after 5pm - $14
Replay - $6
Senior (65+ years) - $8
Senior Replay (65+ years) - $5
Youth - $6
SCGA Youth (must have SCGA card) - $2.50
WEEKEND (Sat. - Sun.) -
Resident - $11
Non- Resident - $15
Replay - $10
Youth - $6
*Senior and SCGA Youth Rates Not Applicable on Weekends* WEEKDAY (Mon.-Fri.)- Day Fee- $15
Resident- $12
Replay- $10
Seniors (65+)- $11
Seniors Replay- $7
Youth- $7
Veteran/ First Responder with ID- $12
Spectator-$7
WEEKEND (Sat. - Sun.) –
Resident - $14
Non- Resident - $18
Replay - $12
Youth - $7
Spectator- $7
INCREASE $1-$7 New fees went into effect in July 2024
MISCELLANEOUS ADAPTIVE RECREATION DANCES Cost Recovery Resident- $12 NO CHANGE - PARKS REC FEES Proposed FY 2025-26

DIVISION SERVICE

CURRENT FEE
FY 2024-25

PROPOSED FEE
FY 2025-26 IMPACT DOLLAR INCREASE/ (DECREASE) EXPLANATION MISCELLANEOUS CREDIT CARD DECLINE / Non--
SUFFICIENT FUNDS FEE (NSF) $15 Per Decline / NSF Replay- $10 NO CHANGE - MISCELLANEOUS FAMILY ENGAGEMENT PROGRAMS Cost Recovery plus 10% Seniors (65+)- $11 NO CHANGE - MISCELLANEOUS MEMORIAL BENCH $3,000 Donation Per approved bench Seniors Replay- $7 NO CHANGE - MISCELLANEOUS REACH $40 annual fee per participant Youth- $7 DECREASE ($40) REACH program is free for all participants

MISCELLANEOUS

REGISTRATION SOFTWARE

AND/OR MERCHANT

SERVICE TRANSACTION
FEES
Cost Recovery Veteran/ First Responder with ID- $12 NO CHANGE -

MISCELLANEOUS SENIOR CENTER SPECIAL EVENTS /
ACTIVITIES Cost Recovery Spectator-$7 NO CHANGE -
MISCELLANEOUS SPONSORSHIP RATES $25 Minimum NO CHANGE - MISCELLANEOUS LATE CHILD PICK-UP FEE $10 FOR EVERY 15 MINUTES AFTER PROGRAM END TIME WEEKEND (Sat. - Sun.) - NO CHANGE - SPECIAL EVENTS AMUSEMENT TICKETS $1 - $5 Per Ticket Resident - $14 NO CHANGE -

SPECIAL EVENTS ARTISAN / EXHIBITOR /
COMMUNITY ORG. BOOTH $0 - $100 Per Booth Per Event Non- Resident - $18 NO CHANGE -

SPECIAL EVENTS

COMMERCIAL VENDOR BOOTH OR
TRUCK $200 - $1,500 Per Booth/Truck Per Event Replay - $12 NO CHANGE - SPECIAL EVENTS FOOD VENDOR OR TRUCK $100 - $500 Per Booth/Truck Per Event Youth - $7 NO CHANGE - SPORTS PROGRAMS ADULT SPORTS PROGRAMS Go Getter League Fee - $60 per participant per year Spectator- $7 NO CHANGE - SPORTS PROGRAMS YOUTH SPORTS PROGRAMS $0 - $100 per participant $0 - $100 per participant NO CHANGE - TRIPS & TOURS TRIPS & TOURS Actual Ticket Cost plus $10 per participant Actual Ticket Cost plus $10 per participant NO CHANGE -

VETERAN'S MEMORIAL PLAZA NAME PLAQUES FOR GRANITE
PILLARS $200 Donation Per Approved Name Plaque $200 Donation Per Approved Name Plaque NO CHANGE - PARKS REC FEES Proposed FY 2025-26

DIVISION SERVICE

CURRENT FEE
FY 2024-25

PROPOSED FEE
FY 2025-26 IMPACT DOLLAR INCREASE/ (DECREASE) EXPLANATION

FIELD RENTALS NORMAL FIELD RENTALS
Ballfield Rental - $25 per hour no lights + staff time
Ballfield Rental - $35 per hour with lights + staff time Football/Soccer Field Rental- $45 per hour no lights + staff time Football/Soccer Field Rental- $55 per hour with lights + staff time Staff Time (minimum 2 staff) - $20 per hour per staff
Damage Deposit - $100 per rental
Ballfield Rental - $25 per hour no lights + staff time
Ballfield Rental - $35 per hour with lights + staff time Football/Soccer Field Rental- $45 per hour no lights + staff time Football/Soccer Field Rental- $55 per hour with lights + staff time Staff Time (minimum 2 staff) - $20 per hour per staff
Damage Deposit - $100 per rental
________________________________________
Stadium Field/ Rio Hondo Turf Fields - $100 per hour no lights + staff time
Stadium Field/ Rio Hondo Turf Fields - $110 per hour with lights + staff time
Staff Time (minimum 2 staff) - $25 per hour per staff
Damage Deposit - $200 per rental
New
No Change: Ballfields
______________________
New: Added Stadium Field/
Rio Hondo Turf Fields
$100/$200
When fees were last adopted staff erroneously
left the Turf Fields off of the list. The Turf Field
is being added as it is rentable and is expensive
to maintain and repair.

FIELD RENTALS

RECOGNIZED COMMUNITY SPORTS

ORGANIZATION RENTALS
Field Rentals (Regular Games/Practices) - $0
Tournament Fee - 1st Tournament - $0
2nd Tournament & up
- $25 per hour no lights ballfields
- $35 per hour with lights ballfields
- $45 per hour no lights soccer/football fields
- $55 per hour with lights soccer/football fields
Field Rentals (Regular Games/Practices) - $0
Tournament Fee -
1st Tournament - $0
2nd Tournament & up
-Staff Time (minimum 2 staff) - $25 per hour per staff
- $25 per hour no lights ballfields + staff
time
- $35 per hour with lights ballfields + staff
time
- $45 per hour no lights natural
soccer/football fields + staff time
- $55 per hour with lights natural
soccer/football fields + staff time
-$100 per hour no lights turf fields + staff
New
Added Smith Park Stadium
Added Staff Time
When fees were last adopted staff erroneously
left the Turf Fields off of the list and did not add
staff time. The Turf Fields are expensive to
maintain and repair. Further, it requires a lot of
staff time, include PW staff, to prepare and
maintian fields for CSO Tournament usage.

Enclosure 4
2d
Tuesday, April 8, 2025
A Regular Meeting of the City Council and Successor Agency to the Pico Rivera Dissolved Redevelopment Agency was held in the Council Chamber, Pico Rivera City Hall, 6615 Passons Boulevard, Pico Rivera, California.

Mayor/Chairman Garcia called the regular meeting to order at 6:00 p.m. on behalf of the City Council and Successor Agency to the Pico Rivera Dissolved Redevelopment Agency.

PRESENT: Camacho, Lara, Lutz, Sanchez, Garcia
ABSENT: None
COMMISSIONERS PRESENT:
• Bobbie Tanner, Veterans Commission
INVOCATION: Delivered by Councilmember/Director Lara
PLEDGE OF ALLEGIANCE: Led by Janely I. Plata, 2nd grade student at Montebello Gardens Elementary School
SPECIAL PRESENTATION(S):
• A Proclamation was presented to Sergeant Michael Galvan in recognition of his recent retirement from the Los Angeles County Sheriff’s Department after 34 years of service and to honor the statue dedicated to him in front of the Pico Rivera Sheriff’s Station.
• Presentation – Draft Local Hazard Mitigation Plan Update and Public Review Aaron Pfannenstiel of Atlas Planning Solutions provided an update on the City’s Local Hazard Mitigation Plan (Plan). He outlined the overall scope of the project, explained the purpose and components of the plan, and identified the lead department responsible for its development. He also discussed the reasons behind the Plan’s update, its intended stakeholders and participants, the definition and importance of hazard mitigation, the types of hazards addressed, and the process undertaken to develop the Plan, including public outreach efforts.

Councilmembers inquired about the Plan's effectiveness as a preventative resource and emphasized the importance of including specific events or scenarios such as equine stampedes, power outages, flood evacuations, cyber threats, and evacuation procedures for residents who are bedbound or have disabilities and require assistance.

PUBLIC COMMENTS:
3 4-8-25.CityCouncilMinutes

Page 2 of 5 ends

Lauren Talbott, Pico Rivera Library Manager:
• Addressed the City Council regarding the upcoming events and activities at the Pico Rivera Library and Rivera Library for the month of April.

William Gonzalez:
• Addressed the City Council regarding concerns about an encroachment issue on his property.

Written communication was received by the following:

David Wang:
• Addressed the City Council regarding noise concerns associated with the Pico Rivera Sports Arena after midnight.

CONSENT CALENDAR ITEMS:

City Council:

1. Minutes:
• Approved City Council regular meeting of March 25, 2025 • Received and filed Parks and Recreation Commission regular meeting of November 14, 2024

2. Approved 13th Warrant Register of the 2024-2025 Fiscal Year. (700) Check Numbers: 297194-297323
Special Check Numbers: None

3. Second Reading – Adoption of Ordinance No. 1191 Amending Chapter

18.40, Land Use Regulations of Title 18, Zoning of the Pico Rivera Municipal Code. (1300)

1. Adopted Ordinance No. 1191, amending Chapter 18.40, Land Use Regulations of Title 18, Zoning, of the Pico Rivera Municipal Code; designated herein as Zone Code Amendment No. 197; and

2. Found the ordinance exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15060(c)(2) and 15061(b)(3).

Ordinance No. 1191 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, AMENDING CHAPTER 18.40, LAND USE REGULATIONS OF TITLE 18, ZONING OF THE PICO

RIVERA MUNICIPAL CODE HEREIN REFERRED TO AS ZONE CODE
AMENDMENT NO. 197 (SECOND READING AND ADOPTION)

4. Second Reading – Adoption of Ordinance No. 1192 Amending Sections of Title 18, Zoning, of the Pico Rivera Municipal Code. (1300)

1. Adopted Ordinance No. 1192 amending Sections of Chapter 18.40, Land Use Regulations of Title 18, Zoning of the Pico Rivera Municipal Code; designated herein as Zone Code Amendment No. 199; and
4-8-25.CityCouncilMinutes

Page 3 of 5 ends

2. Found the ordinance exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15060(c)(2) and 15061(b)(3).

Ordinance No. 1192 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, AMENDING CHAPTER 18.40, LAND USE REGULATIONS OF TITLE 18, ZONING OF THE PICO

RIVERA MUNICIPAL CODE HEREIN REFERRED TO AS ZONE CODE
AMENDMENT NO. 199 (SECOND READING AND ADOPTION)

5. Second Reading – Adoption of Ordinance No. 1193 Amending Chapter 3.20 Purchasing, of the Pico Rivera Municipal Code. (700)

1. Adopted Ordinance No. 1193 amending Chapter 3.20 Purchasing, of the Pico Rivera Municipal Code.

Ordinance No. 1193 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, AMENDING CHAPTER 3.20

PURCHASING OF THE PICO RIVERA MUNICIPAL CODE (SECOND

READING AND ADOPTION)

6. Resolution Approving the Investment Policy for the City of Pico Rivera for Fiscal Year 2025-2026. (700)

1. Approved Resolution No. 7396 approving the Investment Policy for the City of Pico Rivera for fiscal year (FY) 2025-26 governing investments for the City.

Resolution No. 7396 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, RATIFYING THE “INVESTMENT POLICY” FOR FISCAL YEAR 2025-26

7. Award a Maintenance Services Agreement for Janitorial Services to General Building Management. (500)

1. Awarded a Maintenance Services Agreement to General Building Management for janitorial services for a term of three (3) years with a one (1) two-year renewal option to extend, for annual amount of $117,350, and a not-to-exceed amount of $352,100 for the three (3) year term of the Agreement; and

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

Agreement No. 25-2434
Successor Agency:

8. Minutes:
• Approved Successor Agency to the Pico Rivera Dissolved Redevelopment Agency regular meeting of December 10, 2024
4-8-25.CityCouncilMinutes

Page 4 of 5 ends

9. Resolution Approving the Investment Policy for the Successor Agency for Fiscal Year 2025-2026. (700)

1. Approved Resolution No. SA-25-30 approving the Investment Policy for the Successor Agency for fiscal year 2025-26 to include Placement Service Funds as permissible investments for the Successor Agency.

Resolution No. SA-25-30 A RESOLUTION OF THE SUCCESSOR

AGENCY TO THE DISSOLVED REDEVELOPMENT AGENCY OF THE

CITY OF PICO RIVERA, CALIFORNIA, APPROVING THE
“INVESTMENT POLICY” FOR FISCAL YEAR 2025-26
Motion by Mayor Pro Tem/Vice Chairman Camacho, seconded by Councilmember/Director Lutz to approve Consent Calendar Item Nos. 1 through 9.

Motion carries by the following roll call vote:

AYES: Camacho, Lara, Lutz, Sanchez, Garcia
NOES: None
CONSENT CALENDAR ITEMS PULLED FOR FURTHER CLARIFICATION: None REGULAR AGENDA: None
CITY MANAGER/STAFF REPORTS:

City Manager Carmona highlighted the upcoming Easter Eggstravaganza event, scheduled for April 12th at Pico Park, as well as the Small Business Workshop, set to take place on April 17th at the same location.

GOOD OF THE ORDER (INTERGOVERNMENTAL AGENCY MEETINGS, AB 1234) Councilmember Lutz highlighted the upcoming Easter Eggstravaganza event.

Councilmember Dr. Sanchez acknowledged Veterans Commissioner Tanner, who was in attendance, and highlighted the availability of Proud Pico Rivera Veteran yard signs for City veterans. She also mentioned the upcoming Water Replenishment District Groundwater Festival, where she is set to receive the Water Ambassador award.

Mayor Pro Tem Camacho reported on a recent meeting with Mayor Bass and fellow city mayors, where discussions focused on public safety, transportation, the upcoming Olympics, and the FIFA World Cup.

Mayor Garcia reported on his attendance at the LA County Sanitation District meeting and highlighted the recent launch of the City’s Farmers Market. Additionally, he established a Park User Fees Ad Hoc Committee, with Councilmember Dr. Sanchez. 4-8-25.CityCouncilMinutes

Page 5 of 5 ends

CLOSED SESSION(S):
a. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency Designated Representative: City Manager Steve Carmona, Assistant City Manager Angelina G. Graves and Human Resources Director Karine Shirinian Employee Organization: Service Employees International Union, Local 721 – FullTime Bargaining Unit This item was pulled from the agenda and continued to the next City Council meeting.

ADJOURNMENT:

Mayor/Chairman Garcia adjourned the City Council and Successor Agency to the Pico Rivera Dissolved Redevelopment Agency regular meeting at 6:46 p.m. in memory of Steve “Steve-O” Rodriguez, former Public Works employee. There being no objection it was so ordered.

AYES: Camacho, Lara, Lutz, Sanchez, Garcia
NOES: None

_____________________________________
John R. Garcia, Mayor/Chairman
ATTEST:
_______________________________
Cynthia Ayala, CMC, City Clerk/Authority Secretary
I hereby certify that the foregoing is a true and correct report of the proceedings of the City Council regular meeting dated April 8, 2025, and approved by the City Council on April 22, 2025.
________________________________
Cynthia Ayala, CMC, City Clerk/Authority Secretary
MEETING DATE: 04/22/25

CHECK DATE STARTING ENDING AMOUNT
CHECK NUMBERS: 03/28/25-04/10/25 297324 297394 $190,042.62 ACH NUMBERS: 03/28/25-04/10/25 15143 15197 $660,835.95
PRE-NOTE: 15193
TOTAL REGISTER AMOUNT: $ 850,878.57
14th WARRANT REGISTER OF THE 2024 - 2025 FISCAL YEAR
SPECIAL CHECKS/EFT:

VOIDED CHECKS
4 Number Date Description
Transaction
Amount
297324 04/02/2025 04/08/2025 $10,235.00
Invoice Amount
2025APRATTYFEES $10,235.00
297325 04/02/2025 $2,999.95
Invoice Amount
5732 $2,999.95
297326 04/02/2025 $629.39
Invoice Amount
W18052270101 $188.57
W18051690101 $440.82
297327 04/02/2025 04/08/2025 $250.00
Invoice Amount
428500 $250.00
297328 04/02/2025 04/08/2025 $562.57
Invoice Amount
25150413 $562.57
CBC GenOpe - CBC General Operating
Check
Accounts Payable Alvarez-Glasman & Colvin
Description
City of Pico Rivera
Warrant Register
From Payment Date: 3/28/2025 - To Payment Date: 4/10/2025 Source Payee Name

REACH SUPPLIES

REACH SUPPLIES
Accounts Payable Empower Trust Company, LLC

SPORTS & ENTERTAINMENT DISTRICT MARKET FEASIBILITY STUDY Accounts Payable DISCOUNT SCHOOL SUPPLY
Description
CITY ATTORNEY RETAINER FEE APRIL 2025
Accounts Payable C.H. JOHNSON CONSULTING, INC.

Description
Description

IRRIGATION & LANDSCAPING SUPPLIES FOR PARK MAINTENANCE
Description
INVESTMENT ACCESS FEE QUARTERLY FEE, 12/16/24-03/15/25
Accounts Payable Ewing Irrigation Products Inc
user: Georgina Maldonado Pages: 1 of 25 Thursday, April 10, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 3/28/2025 - To Payment Date: 4/10/2025 Source Payee Name
297329 04/02/2025 04/08/2025 $2,218.23
Invoice Amount
S28868 $2,218.23
297330 04/02/2025 04/09/2025 $1,450.00
Invoice Amount
1002071 $1,450.00
297331 04/02/2025 $5,363.66
Invoice Amount
0224667-IN $5,363.66
297332 04/02/2025 $6,713.00
Invoice Amount
101-45115 $6,713.00
297333 04/02/2025 04/09/2025 $460.00
Invoice Amount
289254 $90.00
288519 $90.00
289253 $280.00
Description

MAINTENANCE SUPPLIES FOR PICO PARK FITNESS EQUIPMENT
Accounts Payable HELPMATES STAFFING SERVICE,
LLC
Accounts Payable Greenfields Outdoor Fitness, Inc
Description
CANDY FOR 2025 EASTER EVENT, 4/12/25
Accounts Payable Liebert Cassidy Whitmore
Description

ICE MACHINE FOR RIVERA PARK CONCESSION STAND
Accounts Payable Jacks Candy
Description
TEMPORARY EMPLOYEE, TERESA SANCHEZ 3/23/25
Accounts Payable Ice Machine Sales & Service Co
Legal counsel for labor issues
Description

LABOR NEGOTIATIONS/RELATIONS ADVICE AND COUNSEL
Legal counsel for labor issues
user: Georgina Maldonado Pages: 2 of 25 Thursday, April 10, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 3/28/2025 - To Payment Date: 4/10/2025 Source Payee Name
297334 04/02/2025 04/08/2025 $1,875.00
Invoice Amount
2 $1,875.00
297335 04/02/2025 $75.00
Invoice Amount
COMSTP031325-RP $75.00
297336 04/02/2025 04/09/2025 $10,000.00
Invoice Amount
20250053 $10,000.00
297337 04/02/2025 04/08/2025 $35,741.67
Invoice Amount
RETENTION $35,741.67
297338 04/02/2025 $10,815.00
Invoice Amount
121917 $10,815.00
297339 04/02/2025 $3,760.50
MARIACHI TIERRA MIA SVCS 4/2/25, PICO PARK
Accounts Payable PARRA, ROCIO
Description
Accounts Payable MARIACHI TIERRA MIA
Description

PROFESSIONAL SVCS GOLF COURSE FIRE DAMAGE, NOTICE OF COMPLETION Accounts Payable RHA LANDSCAPE ARCHITECTSPLANNERS, INC.

Description
PR CITY CONTRACT QUATER THREE INSTALLMENT, JAN, FEB & MAR 2025 Accounts Payable RESTORATION MANAGEMENT

COMPANY
Description
COMMISSIONER STIPEND FOR MEETING 03/13/25
Accounts Payable PICO RIVERA CHAMBER OF

COMMERCE
Description
PROFESSIONAL SVCS 7/26/24-8/25/24, ALEBRIJI DOG PARK
Accounts Payable SHARED USE MOBILITY CENTER
user: Georgina Maldonado Pages: 3 of 25 Thursday, April 10, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 3/28/2025 - To Payment Date: 4/10/2025 Source Payee Name
Invoice Amount
2025-03-17-112 $3,760.50
297340 04/02/2025 04/08/2025 $12,800.00
Invoice Amount
0056223 $12,800.00
297341 04/02/2025 04/08/2025 $250.00
Invoice Amount
2504001 $250.00
297342 04/02/2025 04/07/2025 $343.69
Invoice Amount
2190319993 $343.69
297343 04/02/2025 04/08/2025 $764.12
Invoice Amount
421458 $137.10
421801 $627.02
297344 04/09/2025 $266.51
Invoice Amount
PROF SVCS FROM 01/01/25-01/31/25, SCHOOL XING IMP-HSIP 5351 Accounts Payable Tri-Cities ROP Educational Foundation
Description
PROF SVCS 02/01/24-02/28/24, ROSEWOOD CORRIDOR
Accounts Payable TJKM Transportation Consultants
Description
Description
Landscaping Materials & Supplies For Park Maintenance
Landscaping Materials & Supplies For Park Maintenance
Accounts Payable Ansafone Contact Center, Labell
Exchange & BTE Com

UNIFORM RENTAL SERVICE
Accounts Payable Whittier Fertilizer Company
Description
1/2 PAGE AD EOE
Accounts Payable UNIFIRST CORPORATION
Description
Description
user: Georgina Maldonado Pages: 4 of 25 Thursday, April 10, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 3/28/2025 - To Payment Date: 4/10/2025 Source Payee Name
250406069101 $144.52
250406025101 $121.99
297345 04/09/2025 $236.21
Invoice Amount
254100500376 $236.21
297346 04/09/2025 $2,200.00
Invoice Amount
248 $2,200.00
297347 04/09/2025 $500.00
Invoice Amount
03/28/25 $500.00
297348 04/09/2025 $2,002.89
Invoice Amount
3-20-25-04 $2,002.89
297349 04/09/2025 $4,099.47
Invoice Amount
8407394635 $323.97
Accounts Payable BAA BAA BARN
Description
PETTING ZOO FOR EASTER EVENT 04/12/25
Accounts Payable Auto-Chlor System
Description
DISHWASHER MAINTENANCE MARCH 2025
AFTER HOURS ANSWERING SVCS FOR WATER DIVISION-MARCH 2025 AFTER HOURS ANSWERING SVCS FOR STREET MAINTENANCE -MARCH 2025 Accounts Payable CINTAS CORP.

Description

REPLENISH AND SERVICE FIRST AID KITS AND AED GOLF COURSE Accounts Payable Catering by Herach & Ara
Description
CATERING SVCS FOR SENIOR EVENT,03/20/25
Accounts Payable Bryan Ramirez (DJ Beatdrop)
Description
DJ SVCS FOR FARMERS MARKET ON 04/09/25
user: Georgina Maldonado Pages: 5 of 25 Thursday, April 10, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 3/28/2025 - To Payment Date: 4/10/2025 Source Payee Name
8407394812 $2,054.94
8407394634 $410.77
8407394633 $1,309.79
297350 04/09/2025 $9,698.70
Invoice Amount
237797 $9,698.70
297351 04/09/2025 $570.07
Invoice Amount
W18340490101 $570.07
297352 04/09/2025 $3,837.66
Invoice Amount
0047779 $2,045.49
0044811-2 $1,792.17
297353 04/09/2025 $681.86
Invoice Amount
0046210-1 $681.86
297354 04/09/2025 $350.00
Accounts Payable DISCOUNT SCHOOL SUPPLY
Description
REACH Meet the Masters Supplies
Accounts Payable City of Downey
Description
LANDSCAPE MAINTENANCE SVCS TELEGRAPH RD-OCTOBER -DECEMBER 2024

REPLENISH AND SERVICE FIRST AID KITS AND AED CITYWIDE

MAINTENANCE SUPPLIES FOR WATER DIVISION
Accounts Payable Flock Safety

MAINTENANCE SUPPLIES FOR WATER DIVISION
Accounts Payable Ferguson Enterprises, Inc
Description
Accounts Payable Ferguson Enterprises, Inc
Description

MAINTENANCE SUPPLIES FOR WATER DIVISION
user: Georgina Maldonado Pages: 6 of 25 Thursday, April 10, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 3/28/2025 - To Payment Date: 4/10/2025 Source Payee Name
Invoice Amount
INV-47386 $350.00
297355 04/09/2025 $1,600.00
Invoice Amount
0510-(2) $1,000.00
0510 $600.00
297356 04/09/2025 $348.39
Invoice Amount
9450838694 $237.91
9450838686 $110.48
297357 04/09/2025 $814.04
Invoice Amount
9460169338 $814.04
297358 04/09/2025 $1,800.00
Invoice Amount
66656 $1,800.00
297359 04/09/2025 $643.97
Description
Description

MAINTENANCE SUPPLIES FOR WATER DIVISION

MAINTENANCE SUPPLIES FOR WATER DIVISION
FACE PAINTING & BALLOON ARTISTS FOR FARMER MARKET 04/02/25 FACE PAINTING & BALLOON ARTISTS FOR FARMER MARKET 04/09/25 Accounts Payable Grainger
#35 TELEGRAPH AT INDUSTRY WB, YEAR 1 OF 12 MONTH TERM
Accounts Payable FUENTES, LILIANA
Description
Accounts Payable Hinderliter, De Llamas & Associates
Accounts Payable Harris & Associates, Inc
Description
PROF SVCS 01/26/25-02/22/25, PR DEVELOMPENT IMPACT FEE UPDATE Accounts Payable Grainger
Description

MAINTENANCE SUPPLIES FOR FACLITIES
user: Georgina Maldonado Pages: 7 of 25 Thursday, April 10, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 3/28/2025 - To Payment Date: 4/10/2025 Source Payee Name
Invoice Amount
SIN048057 $643.97
297360 04/09/2025 $8,265.00
Invoice Amount
3560 $8,265.00
297361 04/09/2025 $1,627.35
Invoice Amount
62996 $1,627.35
297362 04/09/2025 $50.00
Invoice Amount
854883 $50.00
297363 04/09/2025 $1,974.90
Invoice Amount
18145679 $1,387.94
18174823 $586.96
297364 04/09/2025 $489.80
Invoice Amount
Description
CONTRACT SVCS-TRANSACTION TAX JANUARY-MARCH 2025, Q3/2024 Accounts Payable JUAREZ NUNEZ, GUADALUPE
Description
REFUND FOR ZUMBA 04/03/25-04/29/25
Accounts Payable Inland Empire Stages, LTD
Description
BUS TRANSPORATION DODGER STADIUM, 03/29/25
Accounts Payable Infinity Technologies
Description
3DI PERMITTING FEBRUARY 2025
P&R Printer/Copier & Plotter Machine Lease contract
Accounts Payable Magic Jump Rentals Inc
Description
Accounts Payable LEAF CAPITAL FUNDING LLC
Description
P&R Printer/Copier & Plotter Machine Lease contract
user: Georgina Maldonado Pages: 8 of 25 Thursday, April 10, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 3/28/2025 - To Payment Date: 4/10/2025 Source Payee Name
414684 $489.80
297365 04/09/2025 $106.29
Invoice Amount
43391749 $106.29
297366 04/09/2025 $135.45
Invoice Amount
78081 $135.45
297367 04/09/2025 $693.98
Invoice Amount
314152 $693.98
297368 04/09/2025 $1,350.00
Invoice Amount
041225EASTER $1,350.00
297369 04/09/2025 $10,914.75
Invoice Amount
SI4200-22542 $4,961.25
SI4200-22603 $5,953.50
JUMPER RENTAL FOR PICO PARK, 3/25/25
Accounts Payable McMaster-Carr Supply Company
Description

MECHANIC SHOP SUPPLIES
Accounts Payable NETTIES PARTY PALS, INC.

Description
WEEKLY ENROLLMENT NOTICES 3/12/25 & 3/19/25
Accounts Payable Napa Auto Parts
Description

LINE MARKETING PAINT DISPENSER FOR FIELD OPERATIONS
Accounts Payable Minuteman Press
Description
REFERENCE #901896 VIDEO MONITORING SVC, 3260 FAIRWAY-GOLF COURSE REFERENCE #901995 VIDEO MONITORING SVC, 9357 KRUSE RD-TASK FORCE PICTURES WITH PONY FOR EASTER EVENT 04/12/25
Accounts Payable NETWATCH NORTH AMERICA
Description
user: Georgina Maldonado Pages: 9 of 25 Thursday, April 10, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 3/28/2025 - To Payment Date: 4/10/2025 Source Payee Name
297370 04/09/2025 $585.08
Invoice Amount
302222 $585.08
297371 04/09/2025 $100.00
Invoice Amount
1288 $100.00
297372 04/09/2025 $345.60
Invoice Amount
145812-145993 $345.60
297373 04/09/2025 $219.00
Invoice Amount
0425-SHOEREIM-LR $219.00
297374 04/09/2025 $245.83
Invoice Amount
COBRA030125-MR $245.83
297375 04/09/2025 $1,913.00
Description

MAINTENANCE SUPPLIES FOR WATER DIVISION
Accounts Payable Ortiz, Nayleen
Accounts Payable Oromill Lumber, Inc.

Description

REIMBURSEMENT FOR STEEL TOE BOOTS FROM PROXON
Accounts Payable RIOS, MARTIN
Description

INSTRUCTOR FOR BEG BALLROOM DANCING
Accounts Payable Ramos, Luis
Description
BALLOON DECOR FOR EASTER PHOTO SHOOT, 4/2/25
Accounts Payable PORTILLO, EMILY
Description
REIMBURSEMENT FOR THE MONTH OF MARCH 2025, COBRA ENDED ON 03/25 Accounts Payable RIPPLE PLUMBING
user: Georgina Maldonado Pages: 10 of 25 Thursday, April 10, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 3/28/2025 - To Payment Date: 4/10/2025 Source Payee Name
Invoice Amount
2671jk $1,913.00
297376 04/09/2025 $4,801.04
Invoice Amount
5NOVEMBER Q2 $1,605.64
4Q2OCTNOVDEC2024 $1,602.39
6Q2DECEMBER 2024 $1,593.01
297377 04/09/2025 $1,750.73
Invoice Amount
7100033601 $462.07
7100033600 $984.16
7100035517 $304.50
297378 04/09/2025 $2,199.00
Invoice Amount
43842 $2,199.00
297379 04/09/2025 $960.00
Invoice Amount
3232 $960.00
Description
REIMBURSEMENT FOR CDBG EXPENSE FOR NOVEMBER 2024
REIMBURSEMENT FOR CDBG EXPENSE FOR 2Q OCT-DEC 2024
Description

BACKFLOW REPAIR
Accounts Payable SOUTHERN CALIFORNIA HOUSING

RIGHTS CENTER
Accounts Payable TechnoFit
Description

REFURBISHED CONSOLES AND ASSEMBLY FOR TREADMILLS

COMMERCIAL TIRES FOR CITY FLEET & EQUIPMENT

COMMERCIAL TIRE REPAIR FOR TRAILER
COMMERCIAL TIRE REPAIR FOR UNIT #113
REIMBURSEMENT FOR CDBG EXPENSE FOR DECEMBER 2024
Accounts Payable SOUTHERN TIRE MART, LLC
Description
Accounts Payable The EcoHeroShow LLC
Description
Organic Recycle Educational Presentations 3/6/25-3/14/25 user: Georgina Maldonado Pages: 11 of 25 Thursday, April 10, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 3/28/2025 - To Payment Date: 4/10/2025 Source Payee Name
297380 04/09/2025 $820.00
Invoice Amount
1363 $820.00
297381 04/09/2025 $343.69
Invoice Amount
2190323500 $343.69
297382 04/09/2025 $7,424.98
Invoice Amount
10806441975 $7,424.98
297383 04/10/2025 $46.52
297384 04/10/2025 $1,289.13
297385 04/10/2025 $49.90
297386 04/10/2025 $81.55
297387 04/10/2025 $23.90
297388 04/10/2025 $54.82
297389 04/10/2025 $80.69
297390 04/10/2025 $440.16
Invoice Amount
Accounts Payable UNIFIRST CORPORATION
Description

UNIFORM RENTAL SVCS
Accounts Payable TKM ENGINEERING
Description
PROFESSIONAL SVCS 3/6/25-3/24/25, ACTIVE TRANSPORTATION PLAN Utility Management Refund ESTRADA, RODRIGO
Utility Management Refund GRIFFITH COMPANY
Utility Management Refund PEREZ, PRISCILLA
Accounts Payable Dell Marketing L.P.

Description

DELL MOBILE PRECISION WORKSTATION
Utility Management Refund SEGOVIANO, FRANCISCO J.

Accounts Payable BMG Money, Inc
Description
Utility Management Refund PINEDA, SOILA
Utility Management Refund RIVERA PHARMACY
Utility Management Refund SALAZAR, ISAAC
user: Georgina Maldonado Pages: 12 of 25 Thursday, April 10, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 3/28/2025 - To Payment Date: 4/10/2025 Source Payee Name
041025 $440.16
297391 04/10/2025 $372.73
Invoice Amount
040125 $372.73
297392 04/10/2025 $132.00
Invoice Amount
041025 $132.00
297393 04/10/2025 $2,954.08
Invoice Amount
040125 $2,901.92
040125-ADJ $52.16
297394 04/10/2025 $245.12
Invoice Amount
346360 $245.16
346360-ADJ ($0.04)
$190,042.62
COPE FEES FOR P/E 04/04/25
Accounts Payable Standard Insurance Company
Description
SUPPLEMENTAL LIFE INSURANCE FOR APRIL 2025
Accounts Payable SEIU Local 721-COPE
Description
EMPLOYEE DEDUCTION FOR P/E 04/04/25
Accounts Payable NUFIC
Description
Type Check Totals:

EFT
Description
DENTAL SERVICES (DHMO) FOR APRIL 2025
DENTAL SERVICES (DHMO) FOR APRIL 2025-ADJUSTMENTS
VISION SERVICES FOR APRIL 2025
VISION SERVICES FOR APRIL 2025-ADJUSTMENTS & COBRA
Accounts Payable Western Dental Services, Inc.
user: Georgina Maldonado Pages: 13 of 25 Thursday, April 10, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 3/28/2025 - To Payment Date: 4/10/2025 Source Payee Name
15143 04/02/2025 $10,758.36
Invoice Amount
SA33125 $10,758.36
15144 04/02/2025 $1,271.14
Invoice Amount
320751-00 $1,271.14
15145 04/02/2025 $3,735.00
Invoice Amount
11429 $2,085.00
11277 $550.00
11076 $825.00
10944 $275.00
15146 04/02/2025 $90.00
Invoice Amount
SPRGWK2'25 $90.00
15147 04/02/2025 $5,000.00
Invoice Amount
168 $5,000.00
Accounts Payable (Troon) Indigo Sports, LLC
Description
PROF SVCS DECEMBER 2024-FEBRUARY 2025, ADA SIDEWALK IMPROVEMENT PROFESSIONAL SVCS JANUARY 2025, THE PAD PROJECT GRANT MANAGEMENT Description

SUPPLIES FOR THE GOLF COURSE
Accounts Payable Advanced Avant-Garde Corp.

Description
EXPENSE REIMBURSEMENT FOR 03/26/25
Accounts Payable AAA Electrical Supply, Inc.

Description

FEBRUARY-RMC CONCEPT PROPOSALS COMMUNITIES PLANNING
Description
OFFICIATING SVCS 03/27/25
Accounts Payable COLLECTIVE EMERGENCE

CONSULTING
PROFESSIONAL SVCS NOVEMBE 2024, THE PAD PROJECT GRANT MANAGEMENT PROFESSIONAL SVCS OCTOBER 2024, THE PAD PROJECT GRANT MANAGEMENT Accounts Payable Bland, Renee
user: Georgina Maldonado Pages: 14 of 25 Thursday, April 10, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 3/28/2025 - To Payment Date: 4/10/2025 Source Payee Name
15148 04/02/2025 $3,923.65
Invoice Amount
31570 $3,923.65
15149 04/02/2025 $1,779.92
Invoice Amount
855530960 $1,779.92
15150 04/02/2025 $18.19
Invoice Amount
478115 $18.19
15151 04/02/2025 $1,770.00
Invoice Amount
1345549 $1,062.00
1419511 $708.00
15152 04/02/2025 $315,242.17
Invoice Amount
2025APRRBBISHFEE $315,242.17
Accounts Payable DIEGO'S AUTO REPAIR
Description

TONER FOR SMITH PARK
Accounts Payable Interwest Consulting Group
Description
SMALL TOOLS #262
Accounts Payable I Copy, Inc (ibe digital)
Description
MAINTENANCE & REPAIR FOR UNIT #454
Accounts Payable Home Depot
Accounts Payable NASA Services Inc
Description
RUBBISH ASSESSMENT FOR APRIL 2025
Description
PROFESSIONAL SVCS JANUARY 2025, THE PAD PROJECT
PROFESSIONAL SVCS FEBRUARY 2025, THE PAD PROJECT
user: Georgina Maldonado Pages: 15 of 25 Thursday, April 10, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 3/28/2025 - To Payment Date: 4/10/2025 Source Payee Name
15153 04/02/2025 $4,608.99
Invoice Amount
015625 $506.00
016825 $4,102.99
15154 04/02/2025 $950.00
Invoice Amount
2025-000786 $45.00
2025-000785 $65.00
2025-000784 $65.00
2025-000787 $115.00
2025-000782 $65.00
2025-000783 $55.00
2025-000780 $65.00
2025-000779 $240.00
2025-000778 $55.00
2025-000777 $65.00
2025-000776 $115.00
15155 04/02/2025 $1,092.00
Invoice Amount
145903-145909 $1,092.00
Accounts Payable R-Doors, Inc
Description

CHW LOBBY DOOR
PEST CONTROL SVC MARCH 2025 PICO PARK
PEST CONTROL SVC MARCH 2025 RIO VISTA PARK
PEST CONTROL SVC MARCH 2025, NATIVIDAD CENTER
PEST CONTROL SVC MARCH 2025, STREAMLAND PARK
PEST CONTROL SVC MARCH 2025, RIO HONDO PARK
PEST CONTROL SVC MARCH 2025, YOUTH CENTER

IT OFFICE NEW DOOR
Accounts Payable Rousselle Company Inc.

Description
Description
INSTRUCTOR FOR U2-3 TIKI TAKA SOCCER, 03/04/25/03/25/25 PEST CONTROL SVC MARCH 2025, RECREATION OFFICE
PEST CONTROL SVC MARCH 2025, CITY YARD
Accounts Payable Serrano, Leon
PEST CONTROL SVC MARCH 2025, SENIOR CENTER
PEST CONTROL SVC MARCH 2025, CITY HALL
PEST CONTROL SVC MARCH 2025, HISTORICAL MUSEUM
user: Georgina Maldonado Pages: 16 of 25 Thursday, April 10, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 3/28/2025 - To Payment Date: 4/10/2025 Source Payee Name
15156 04/02/2025 $4,125.33
Invoice Amount
121754 $4,125.33
15157 04/02/2025 $3,195.09
Invoice Amount
190774306 $3,195.09
15158 03/28/2025 03/31/2025 $479.38
Invoice Amount
Import - 21819 $479.38
15159 03/28/2025 03/31/2025 $5.38
Invoice Amount
Import - 21820 $5.38
15160 03/28/2025 03/31/2025 $5.52
Invoice Amount
Import - 21821 $5.52
15161 03/31/2025 03/31/2025 $6,115.35
Accounts Payable Tristar Risk Management
Description
Phone Svc for MARCH 2025
Accounts Payable So Calif Edison Company
Description

TRASH CANS USED FOR SPECIAL EVENTS
Accounts Payable Frontier California
Description
CLAIMS ADMIN FEES APRIL 2025
Accounts Payable Uline
Description

INTERNET SVCS
Accounts Payable Lowe's
Description
UTILITIES FOR FEBRUARY 2025
Accounts Payable Time Warner Cable
user: Georgina Maldonado Pages: 17 of 25 Thursday, April 10, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 3/28/2025 - To Payment Date: 4/10/2025 Source Payee Name
Invoice Amount
Import - 21822 $6,115.35
15162 03/28/2025 03/31/2025 $2,959.47
Invoice Amount
Import - 21823 $2,959.47
15163 04/01/2025 $2,003.30
Invoice Amount
Import - 21824 $2,003.30
15164 04/02/2025 $1,159.36
Invoice Amount
Import - 21825 $1,159.36
15165 04/03/2025 $619.86
Invoice Amount
Import - 21826 $619.86
15166 03/31/2025 03/31/2025 $265.69
Invoice Amount
Import - 21828 $265.69
Description

BUILDING MAINTANCE SUPPLIES
Accounts Payable Office Depot
Description
UTILITIES FOR FEBRUARY 2025
Accounts Payable So Calif Edison Company
Description

WATER SVC
Accounts Payable So Calif Edison Company
Description
Office Supplies
Accounts Payable City of Pico Rivera
Description
UTILITIES FOR FEBRUARY 2025
Description
UTILITIES FOR FEBRUARY 2025
Accounts Payable So Calif Edison Company
user: Georgina Maldonado Pages: 18 of 25 Thursday, April 10, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 3/28/2025 - To Payment Date: 4/10/2025 Source Payee Name
15167 04/04/2025 $230.81
Invoice Amount
Import - 21829 $230.81
15168 04/04/2025 $849.00
Invoice Amount
Import - 21830 $849.00
15169 04/07/2025 $592.57
Invoice Amount
Import - 21831 $592.57
15170 04/09/2025 $1,278.87
Invoice Amount
320729-00 $211.06
320780-01 $61.01
320782-00 $1,006.80
15171 04/09/2025 $8,945.00
Invoice Amount
19667944 $8,945.00
Description
Phone Svc for MARCH 2025
Accounts Payable Time Warner Cable
Accounts Payable Frontier California
Description

ELECTRICAL SUPPLIES FOR CITY YARD CHARGING STATION

ELECTRICAL SUPPLIES FOR CITY YARD
Description

RADIO & TELECOMMUNICATION
Accounts Payable AAA Electrical Supply, Inc.

Description

INTERNET SVCS
Accounts Payable Verizon Wireless
HVAC Maintenance Services - March 2025

ELECTRICAL SUPPLIES FOR RIO HONDO PARK
Accounts Payable ABM Building Solutions, LLC
Description
user: Georgina Maldonado Pages: 19 of 25 Thursday, April 10, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 3/28/2025 - To Payment Date: 4/10/2025 Source Payee Name
15172 04/09/2025 $22,535.66
Invoice Amount
1481 $22,535.66
15173 04/09/2025 $6,009.12
Invoice Amount
CL36156 $6,009.12
15174 04/09/2025 $126.83
Invoice Amount
31619 $126.83
15175 04/09/2025 $3,523.50
Invoice Amount
37441 $2,349.00
37453 $1,174.50
15176 04/09/2025 $8,778.77
Invoice Amount
18761 $8,778.77
Chemical Materials/ Supplies For Water Treatment
Accounts Payable Cosby Oil Company
Description
Accounts Payable AUTOMATED WATER TREATMENT
Description
LEGAL AD, CDBG 2025-2029 CONSOLIDATED PLAN 25/26 ACTION PLAN

LEGAL AD, NOTICE OF AVAILABILITY/INTENT ADOPT MITIGATED NEGATIVE Accounts Payable GENERAL BUILDING MANAGEMENT
Maintenance & Repair of Unit # 214
Accounts Payable Eastern County Newspaper Group, Inc.

Description
Fuel For City Fleet - 3/21/25 - 3/31/25
Accounts Payable DIEGO'S AUTO REPAIR
Description
Description
Monthly Janitorial Supplies - March 2025
user: Georgina Maldonado Pages: 20 of 25 Thursday, April 10, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 3/28/2025 - To Payment Date: 4/10/2025 Source Payee Name
15177 04/09/2025 $290.46
Invoice Amount
0523543 $290.46
15178 04/09/2025 $477.66
Invoice Amount
852051986 $477.66
15179 04/09/2025 $18.19
Invoice Amount
478151 $18.19
15180 04/09/2025 $800.00
Invoice Amount
PIC-0045 $800.00
15181 04/09/2025 $337.47
Invoice Amount
128605 $337.47
15182 04/09/2025 $28,036.81
Invoice Amount
Description

JANITORIAL SUPPLIES FOR CITY HALL
Accounts Payable I Copy, Inc (ibe digital)
Description
GRM MONTHLY STORAGE FOR FINANCE, FEBRUARY 2025
Accounts Payable Home Depot
Accounts Payable GRM Information Management Services,
Inc
Description
Traffic Control Signs
Accounts Payable Mariposa Landscapes, Inc
Description
Public Hearing Software & Virtual Website App April 2025 Accounts Payable JCL Traffic Services
Description

TONER FOR CITY YARD
Accounts Payable Jason Sperling DBA People Speak, LLC
Description
user: Georgina Maldonado Pages: 21 of 25 Thursday, April 10, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 3/28/2025 - To Payment Date: 4/10/2025 Source Payee Name
113006 $28,036.81
15183 04/09/2025 $90.00
Invoice Amount
SPRGWK325 $90.00
15184 04/09/2025 $30,802.95
Invoice Amount
34651 $30,802.95
15185 04/09/2025 $1,245.09
Invoice Amount
0082156-IN $249.03
0082157-IN $246.06
0077711-IN $250.00
0082887-IN $250.00
0082841-IN $250.00
15186 04/09/2025 $147,202.88
Invoice Amount
1023445 $55,214.72
1025255 $50,086.08
Description
GRAFFITI ABATEMENT MARCH 2025
Accounts Payable Shoeteria, Inc.

Description
UMPIRE SVCS 4/3/25
Accounts Payable Nationwide Environmental Services
Landscape Maintenance Services- March 2025
Accounts Payable Martinez, Ben
Accounts Payable So Calif Edison Company
Description
POWER VA SALES-09/01/24-09/30/24

SAFETY SHOES FOR IGNACIO SANDOVAL

SAFETY SHOES FOR CARLOS DEL TORO

SAFETY SHOES FOR GARY PANGANIBAN
Description

SAFETY SHOE FOR ENRIQUE BARAJAS

SAFETY SHOE FOR DARROW ATKINS
POWER VA SALES-10/01/24-10/31/24
user: Georgina Maldonado Pages: 22 of 25 Thursday, April 10, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 3/28/2025 - To Payment Date: 4/10/2025 Source Payee Name
1027165 $41,902.08
15187 04/09/2025 $7,950.61
Invoice Amount
1Q2OCTNOVDEC2024 $7,950.61
15188 04/09/2025 $4,395.86
Invoice Amount
70115 $4,395.86
15189 04/09/2025 $483.07
Invoice Amount
5264-1 $63.53
41889188680325 $104.38
51189184420325 $111.80
5275-7 $68.91
5440-7 $102.28
5293-0 $32.17
15190 04/09/2025 $283.60
Invoice Amount
790017233-038 $92.67
Description
Street Light Maintenance & Repairs - March 2025
Accounts Payable The Sherwin-Williams Co.

Description
REIMBURSEMENT FOR CDBG EXPENSE FOR OCT,NOV & DEC 2024
Accounts Payable Tanko Streetlighting, Inc
POWER VA SALES-11/01/24-11/30/24
Accounts Payable Southeast Area Social Services Funding Authority
Paint Supplies For Facilities
Accounts Payable United Rentals (North America), Inc
Description
Paint for Graffiti removal, streets & Facilities

PAINT SUPPLIES FOR FACILITIES

PAINT SUPPLIES FOR FACILITIES DEPARTMENT
Description
Paint for Graffiti removal, streets & Facilities
Paint for Graffiti removal, streets & Facilities

REACH STORAGE
user: Georgina Maldonado Pages: 23 of 25 Thursday, April 10, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 3/28/2025 - To Payment Date: 4/10/2025 Source Payee Name
790017232-040 $87.19
790017234-038 $103.74
15191 04/09/2025 $1,380.00
Invoice Amount
W5C1501 $170.00
W5C1443 $240.00
W5C1518 $60.00
W5C1519 $250.00
W5C1520 $60.00
W5C1522 $60.00
W5C1523 $120.00
W5C1441 $170.00
W5C1442 $250.00
15192 04/09/2025 $2,425.00
Invoice Amount
00421591 $2,425.00
15194 04/10/2025 $6,708.42
Invoice Amount
041025 $6,708.42

WATER QUALITY SAMPLING

WATER QUALITY SAMPLING
Accounts Payable Weck Laboratories Inc.

Description

WATER QUALITY SAMPLING

REACH STORAGE

REACH STORAGE
Description
PROFESSIONAL SVCS THROUGH 2/28/25, PFAS TREATMENT SYSTEM Accounts Payable Nationwide Retirement Solutions

WATER QUALITY SAMPLING

WATER QUALITY SAMPLING
Accounts Payable Willdan Engineering

WATER QUALITY SAMPLING

WATER QUALITY SAMPLING
Description
EMPLOYEE/EMPLOYER CONTRIBUTIONS FOR P/E 04/04/25 (401A) user: Georgina Maldonado Pages: 24 of 25 Thursday, April 10, 2025 Number Date Description
Transaction
Amount
City of Pico Rivera
Warrant Register
From Payment Date: 3/28/2025 - To Payment Date: 4/10/2025 Source Payee Name
15195 04/10/2025 $1,222.66
Invoice Amount
041025 $1,222.66
15196 04/10/2025 $728.00
Invoice Amount
041025 $728.00
15197 04/10/2025 $1,913.94
Invoice Amount
041025 $1,913.94
$660,835.95
Checks
EFTs
All
Description
UNION DUES FOR P/E 04/04/25
Accounts Payable SEIU Local 721
Description
PEHP BENEFIT/DEDUCTION FOR P/E 04/04/25
Accounts Payable PRMPCEA
Accounts Payable Nationwide RS
$850,878.57
Transaction Amount
$660,835.95
$190,042.62
Transaction Amount
Grand Totals:

Transaction Amount
CBC GenOpe - CBC General Operating Totals
Description
UNION DUES FOR P/E 04/04/25
Type EFT Totals:
user: Georgina Maldonado Pages: 25 of 25 Thursday, April 10, 2025 To: Mayor and City Council
From: City Manager
Meeting Date: April 22, 2025
Subject: RESOLUTION FOR THE EASTSIDE TRANSIT CORRIDOR PHASE 2 PROJECT (ESP2 PROJECT) COOPERATIVE AGREEMENT

WITH THE LOS ANGELES COUNTY METROPOLITAN

TRANSPORTATION AUTHORITY
Recommendation:

1. Approve a resolution approving the Master Cooperative Agreement (MCA) by and between the City of Pico Rivera (City) and the Los Angeles County Metropolitan Transportation Authority (LACMTA) related to the Eastside Transit Corridor Phase 2 Project (ESP2 Project); and

2. Authorize the City Manager or his designee to accept and execute the cooperative agreement in a form approved by the City Attorney.

Fiscal Impact:

There is no fiscal impact to the General Fund associated with the execution of this specific agreement.

Background:

The ESP2 Project intends to expand the Metro E Line, a light rail transit line, from its current terminus at the Atlantic Station in the unincorporated community of East Los Angeles to the City of Whittier. The approximate 9-mile extension will run through the Gateway Cities subregion of Los Angeles, including through the cities of Commerce, Montebello, Pico Rivera, Santa Fe Springs, Whittier, and unincorporated communities of East Los Angeles and West Whittier-Los Nietos.

Funded in large part by Measure M, the ESP2 Project requires local jurisdictions to pay 3% of the total project cost of the Measure M rail project (known as the “3% Contribution”). This MCA is not intended to address the City’s 3% Contribution nor meant to address any other in-kind contribution at this time. Further discussions and negotiations with LACMTA regarding the City’s 3% Contribution is expected to take place within the next 18-24 months. This MCA is strictly dedicated to identifying the rights and responsibilities of each of the local participating agencies and LACMTA with respect to the design, construction, operation, and maintenance of the Project. The MCA also addresses the allocation of costs 5 CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 22, 2025 APPROVE A RESOLUTION FOR THE EASTSIDE TRANSIT CORRIDOR PHASE 2 PROJECT (ESP2 PROJECT) COOPERATIVE AGREEMENT WITH THE LOS ANGELES

COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (LACMTA)

Page 2 of 2 ends

and the procedures for the City to be reimbursed for conducting design reviews and construction support services.

If approved by the City Council, the MCA is then expected to be presented to the LACMTA Board of Directors for final execution.

Discussion:

In February 2022, the LACMTA Board directed its staff to reinitiate the National Environmental Policy Act process for federal environmental clearance which will enable LACMTA to seek federal funding opportunities for the project. The MCA provides clear evidence of consensus among the corridor cities and agencies, especially in the pursuit of federal funding.

LACMTA is the lead agency for the ESP2 Project. On May 23, 2024, LACMTA’s Board of Directors approved the certification of the final Environmental Impact Report (EIR) for the Project in accordance with the California Environmental Quality Act (CEQA). The LACMTA Board’s approval finalizes the EIR for the two-phased project. A copy of the EIR, along with other planning and environmental records can be located on LACMTA’s website:
https://boardagendas.metro.net/board-report/2024-0190/
The MCA between the City and LACMTA establishes a framework for collaboration on the ESP2 Project. This agreement outlines the respective roles, responsibilities, and financial commitments of both parties to ensure the successful implementation and delivery.

Specifically, it sets forth provisions for project funding, oversight, and operational coordination, aiming to enhance mobility and transportation services within the City.

Conclusion:

Staff recommend the City Council approve Resolution to approve the MCA between the City and LACMTA related to the ESP2 Project; authorize the City Manager to execute the MCA on the City’s behalf and take any additional steps reasonably necessary to finalize the MCA in a form approved by the City Attorney.

Steve Carmona
SC:JH:smc
Enclosure(s): 1) Resolution
2) ESP2 – Cooperative Agreement – City of Pico Rivera
RESOLUTION NO. ____

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

CALIFORNIA, APPROVING THE EASTSIDE TRANSIT CORRIDOR PHASE 2 PROJECT MASTER COOPERATIVE AGREEMENT (MCA) WITH THE LOS

ANGELES COUNTY METRPOLITAN TRANSPORTATION AUTHORITY
(LACMTA)
WHEREAS, largely funded by Measure M, the City of Pico Rivera (City) is a local jurisdiction participating in the approximate 9-mile expansion of LACMTA’s Metro E Line, a light rail transit line, from its current terminus at the Atlantic Station in the unincorporated community of East Los Angeles, through various cities, including the City, and ending in the City of Pico Rivera (known as the ESP2 project); and
WHEREAS, as a local jurisdiction participating in the ESP2 Project, the City has been presented with a cooperative agreement with LACMTA, hereinafter referred to as the MCA, which addresses the City’s portion of the design, construction, operation, and maintenance of the ESP2 Project; and
WHEREAS, the cooperative agreement is not intended to address the City’s funding contribution, which shall be discussed, negotiated, and memorialized in a further agreement to be considered by the City Council at a later time; and WHEREAS, once fully completed, the ESP2 Project will increase mobility operations for the local participating cities, including the cities of Commerce, Montebello, Santa Fe Springs, Pico Rivera, Whittier, and unincorporated communities of East Los Angeles and West Whittier- Los Nietos; and
WHEREAS, if approved by the City, the MCA will be presented to LACMTA’s Board of Directors for approval; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pico Rivera as follows:

SECTION 1. The City Council of the City of Pico Rivera hereby finds and declares that the foregoing recitals are true and correct and incorporates them herein as findings and as a substantive part of this Resolution.

SECTION 2. The MCA for the Design and Construction of the Eastside Transit Corridor Phase 1 Project by and between the City of Pico Rivera and the Los Angeles County Metropolitan Transportation Authority is hereby approved.

SECTION 3. The Mayor is hereby authorized to execute this Resolution for and on behalf of the City of Pico Rivera.

SECTION 4. The City Manager is hereby authorized to execute the MCA for and on behalf of the City of Pico Rivera and take any additional steps reasonably necessary to finalize the MCA in a form approved by the City Attorney.

Enclosure 1
5a
RESOLUTION NO. _____

Page 2 of 2 ends

SECTION 5. The City Clerk shall attest to the passage of this resolution, and it shall thereupon be in full force and effect.

APPROVED AND PASSED this 22nd day of April 2025.
___________________________
John R. Garcia, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ________________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES:

NOES:

EXECUTION VERSION
1 COOPERATIVE AGREEMENT FOR THE DESIGN AND
CONSTRUCTION OF THE EASTSIDE TRANSIT CORRIDOR PHASE 2

PROJECT

BETWEEN

THE CITY OF PICO RIVERA
AND

THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY _________________ 2025

EFFECTIVE DATE
Enclosure 2
5b

EXECUTION VERSION
2 CONTENTS

ARTICLE PAGE
ARTICLE 1. SCOPE AND DURATION............................................................................................................... 3 ARTICLE 2. GENERAL OBLIGATIONS............................................................................................................. 4 ARTICLE 3. DESIGN........................................................................................................................................ 12 ARTICLE 4. CONSTRUCTION......................................................................................................................... 14 ARTICLE 5. BETTERMENTS........................................................................................................................... 16 ARTICLE 6. OPERATION AND MAINTENANCE............................................................................................. 17 ARTICLE 7. REIMBURSEMENT AND CREDITS............................................................................................. 17 ARTICLE 8. INDEMNITY, WARRANTIES AND INSURANCE ......................................................................... 20 ARTICLE 9. RESOLUTION OF DISPUTES ..................................................................................................... 21 ARTICLE 10. MISCELLANEOUS....................................................................................................................... 22 ARTICLE 11. DEFINITIONS AND INTERPRETATION ...................................................................................... 26 EXHIBIT 1 – PROJECT DESCRIPTION ................................................................................................................ 36 EXHIBIT 2 – PROJECT PHASES AND PROJECT SCHEDULE ........................................................................... 37 EXHIBIT 3 – PROJECT SITE................................................................................................................................. 38 EXHIBIT 4 – ROLES AND RESPONSIBILITIES.................................................................................................... 39 EXHIBIT 5 – UTILITY ADJUSTMENT PROCEDURES.......................................................................................... 43 EXHIBIT 6 – DESIGN REQUIREMENTS............................................................................................................... 47 EXHIBIT 7 – LACMTA SUBMITTAL REVIEW PROCEDURE................................................................................ 49 EXHIBIT 8 – CONSTRUCTION REQUIREMENTS................................................................................................ 51 EXHIBIT 9 – INSPECTION AND ACCEPTANCE PROCEDURE........................................................................... 55 EXHIBIT 10 – OPERATION AND MAINTENANCE PRINCIPLES ......................................................................... 58 EXHIBIT 11 – FORMS ........................................................................................................................................... 59 EXHIBIT 12 – CITY-PERFORMED PROJECT WORK .......................................................................................... 66 EXHIBIT 13 – EARLY INVOLVEMENT.................................................................................................................. 69

EXECUTION VERSION
3 This Agreement is entered into by and between the City of Pico Rivera ("City"), and the Los Angeles County Metropolitan Transportation Authority ("LACMTA").

RECITALS
(A) LACMTA proposes to develop and open an extension of the Metro E (Gold) Line light rail transit line known as the Eastside Transit Corridor Phase 2 Project (as further defined in Section 11.1 (Definitions), "ESP2 Project"). The ESP2 Project is an approximately 9-mile light rail transit extension from the existing Metro E (Gold) Line serving the cities and communities of Commerce, Montebello, Pico Rivera, Santa Fe Springs, Whittier, and unincorporated East Los Angeles and West Whittier-Los Nietos. At the December 2022 Board meeting, the Board approved a 4.6-mile initial operating segment extending the E-Line to Greenwood Station as the locally preferred alternative ("LPA"). The LPA includes design options for Atlantic/Pomona (open underground station) and Greenwood Station (at-grade) and a maintenance and storage facility located in the City of Montebello.
(B) The ESP2 Project will serve various cities and communities including the City and the City intends, by this Agreement, to facilitate the development and implementation of the City Portion of the ESP2 Project. (C) This Agreement does not address, and is not intended to address any terms and conditions with respect to any first/last mile projects. Any terms and conditions with respect to any first/last mile projects will be discussed, negotiated and agreed by LACMTA and the City under a separate agreement. (D) The Measure M ordinance requires local jurisdictions to pay three percent of the total project cost of a major Measure M rail project (known as the "3% Contribution"). The Measure M guidelines reflect provisions adopted by the LACMTA Board (including Motion 14.2 (2016-0451) passed on May 26, 2016) that allow for local jurisdictions, through an agreement with LACMTA, to meet all or a portion of their three-percent local contribution obligation through first/last mile investments (such portion being the "3% Local Funding Contribution Credit"). This Agreement does not address, and is not intended to address any terms and conditions with respect to any 3% Contribution for the ESP2 Project by the City nor any 3% Local Funding Contribution Credit for first/last mile investments. Any terms and conditions with respect to any 3% Contribution for the ESP2 Project, including any terms relating to any 3% Local Funding Contribution Credit or other in-kind contributions, will be discussed, negotiated and agreed by LACMTA and the City under separate agreements.
(E) This Agreement does not address and is not intended to address any terms and conditions with respect to the LACMTA Board’s Land Bank Pilot Partnership with Los Angeles County Motion (June 2022 and any other relevant dates). Any City participation in, and the terms and conditions with respect to any City participation in, any such programs and initiatives will be discussed, negotiated and agreed by responsible parties under a separate agreement.
(F) LACMTA and the City wish to enter into this Agreement in order to identify the rights and obligations between the Parties in connection with the development and implementation of the ESP2 Project.

In consideration of the mutual covenants of the Parties as set out below, the Parties hereby agree as follows:

ARTICLE 1. SCOPE AND DURATION

1.1 Scope of Agreement
(a) The City has acknowledged the ESP2 Project as a high-priority public works project and has agreed to provide LACMTA with expedited review and approval procedures in connection with design, design reviews, permitting, property acquisition, and other authority to be exercised by the City relating to the ESP2 Project. The Parties acknowledge that this Agreement is being entered into while the environmental review and approval process is ongoing and the Final Environmental Documents are being prepared. The signing of this Agreement by the City does not prejudice its right to participate in the environmental review and approval process nor does it predetermine the outcome of that process.

EXECUTION VERSION
4 (b) The Parties have entered into this Agreement to:
(i) acknowledge the intended scope, schedule and site for the ESP2 Project as set out in EXHIBIT 1 (Project Description), EXHIBIT 2 (Project Phases and Project Schedule) and EXHIBIT 3 (Project Site) respectively; and
(ii) define the applicable procedures, manage the interfaces and regulate the roles and responsibilities and allocation of Costs between LACMTA and the City, with respect to the Design, Construction, operation, and maintenance of the ESP2 Project as it relates to the City Portion and any Rearrangements.
(c) As of the date of this Agreement, the contracting and procurement plan for the ESP2 Project is under development by LACMTA. LACMTA may procure the Design, Construction, operation, and maintenance of the ESP2 Project, including the City Portion, under multiple procurements and contract packages, utilizing any delivery method, and may self-perform parts of the Design, Construction, operation, and maintenance of the ESP2 Project, including the City Portion. (d) The City acknowledges and agrees that LACMTA may: (i) engage LACMTA Contractors to carry out the Design, Construction, operation and/or maintenance work with respect to the City Portion including the Design and/or Construction of Rearrangements; and (ii) in each LACMTA Contract, require the applicable LACMTA Contractor to comply with LACMTA obligations under this Agreement provided that nothing in this Agreement will create any contractual relationship between the City and any LACMTA Contractor and, in accordance with Section 10.11 (Limitation on Third Party Beneficiaries), nothing contained in this Agreement is intended or will be construed as creating or conferring any rights, benefits or remedies upon, or creating any obligations of the City toward any LACMTA Contractor.
(e) The City acknowledges that as of the date of this Agreement, the ESP2 Project is currently in the Planning and Advanced Conceptual Engineering Phase and LACMTA may elect: (i) not to proceed with the ESP2 Project; or (ii) to amend the scope of the ESP2 Project, each in its sole discretion. (f) LACMTA shall promptly notify the City of: (i) its contracting and procurement plan, once determined; and (ii) any changes to the scope of the ESP2 Project, in each case to the extent that such plan or changes have or are reasonably likely to have an impact on the scope, schedule or roles and responsibilities for the City Portion or the provisions and procedures set out under this Agreement.

The Parties shall use good faith efforts to agree to any amendments or supplements to this Agreement necessary as a result of any such plan or change notified by LACMTA to the City.

1.2 Duration of Agreement
This Agreement (and all of the rights and obligations under this Agreement) will come into effect on the Effective Date and continue until the first day on which passenger service on the ESP2 Project commences for the City Portion, unless terminated earlier in accordance with the provisions of this Agreement or extended in accordance with Article 6 (Operation and Maintenance).

ARTICLE 2. GENERAL OBLIGATIONS

2.1 Governance
(a) The roles and responsibilities of the City and LACMTA are set out in EXHIBIT 4 (Roles and Responsibilities) and the Parties agree to utilize the issue resolution ladder and decision-making protocols set out in EXHIBIT 4 (Roles and Responsibilities) in implementing this Agreement. (b) The City and LACMTA shall each designate a City Representative and LACMTA Representative, respectively. EXHIBIT 4 (Roles and Responsibilities) provides initial designations. Either Party may change its designated representative by providing seven Days' prior Notice to the other Party.

EXECUTION VERSION
5 (c) The City acknowledges and agrees that any individual assigned by the City to provide support and/or services for the ESP2 Project must attend an LACMTA training session on the terms and conditions of this Agreement prior to performing any work under this Agreement. The participation of City personnel in training under this Section 2.1 is eligible for reimbursement under Section 2.2 (Annual Work Plan), Section 2.3 (Work Orders) and Section 7.1 (Reimbursements to the City). (d) Where a meeting of multiple cities involved in the ESP2 Project may be helpful due to issues, or potential issues, and/or solutions that impact multiple cities or to give an update on the overall status or progress on the ESP2 Project, LACMTA may invite the City to attend meetings together with other cities impacted by the ESP2 Project. On LACMTA's written request, the City shall ensure the attendance (in-person or via videoconference or teleconference) of the City Representative (or a delegate) at any such meeting.
(e) LACMTA may convene Project Meetings in relation to the ESP2 Project or particular aspects of the ESP2 Project for the purposes of providing a non-binding forum for LACMTA, LACMTA Contractors and other attendees to monitor the progress of the ESP2 Project, to consider issues or potential issues, and to present, understand and discuss proposed solutions with respect to the ESP2 Project.

On LACMTA's written request, the City shall ensure the attendance (in person or via videoconference or teleconference) of the City Representative (or a delegate) at any Project Meeting held with respect to the City Portion during normal business hours and upon reasonable notice. The purpose of inviting the City to participate in Project Meetings is to create greater transparency about the status of the ESP2 Project, to discuss potential/issues or concerns involving the City, and to explore solutions to those issues or concerns. Any Project Meeting attended by the City Representative (or a delegate) is consultative and advisory only, and nothing that occurs during any such Project Meeting and no information that is presented during any such Project Meeting will:
(i) affect the rights or obligations of either Party under this Agreement; (ii) entitle a Party to make any claim against the other; (iii) relieve a Party from, or alter or affect, a Party's liabilities or responsibilities whether under this Agreement or otherwise according to Applicable Law; or
(iv) prejudice a Party's rights against the other Party whether under this Agreement or otherwise according to Applicable Law.

Any amendments to the terms of this Agreement discussed during a Project Meeting must be formalized and documented in accordance with the terms of this Agreement to take effect as a contractual obligation. If the City believes that any proposed actions discussed by LACMTA or an LACMTA Contractor during a Project Meeting conflict with the terms of this Agreement, the City shall send a Notice to LACMTA to outline the conflict and the Parties shall address the conflict in accordance with Part C (Issue Resolution Ladder and Decision-Making Protocols) of EXHIBIT 4 (Roles and Responsibilities).

2.2 Annual Work Plan
(a) LACMTA and the City will cooperate to develop an agreed Annual Work Plan for each LACMTA Fiscal Year during the Term, in accordance with the following provisions:
(i) not later than July 31 of each LACMTA Fiscal Year during the Term (or in the case of the first partial LACMTA Fiscal Year during the Term, no later than 30 Days after the date of this Agreement), LACMTA shall provide to the City, Preliminary Projections of anticipated scope activities for the upcoming LACMTA Fiscal Year;
(ii) within 30 Days after the City's receipt of the Preliminary Projections, the City shall submit a preliminary annual work plan to LACMTA for the next LACMTA Fiscal Year, which will include an estimate of the Costs for the anticipated work for which the City is eligible for

EXECUTION VERSION
6 reimbursement, and the personnel resources (including any City Contractor) anticipated to be required to perform the anticipated work. This will include discussions of the ESP2 Project specific training as referenced in Section 2.1 (Governance). (iii) within 15 Days after LACMTA receives the preliminary annual work plan from the City, the City and LACMTA will schedule a meeting to review the preliminary work plan and negotiate in good faith such issues as are necessary. This meeting will include discussions of any additional consultant resources that may be engaged through the use of City Contractors to mitigate the risk of delay in performing the work plan and ensure that the City has sufficient access to any specialized resources required to perform the anticipated work for the ESP2 Project;
(iv) not later than February 1 (or in the case of the first partial LACMTA Fiscal Year applicable to the ESP2 Project, no later than 60 Days following receipt of the preliminary annual work plan submitted by the City), LACMTA shall deliver to the City, updated information regarding the scope of activities and services for the upcoming LACMTA Fiscal Year for the ESP2 Project; (v) not later than March 1 (or in the case of the first partial LACMTA Fiscal Year applicable to the ESP2 Project, no later than 30 Days following receipt of the updated information regarding the scope of activities and services from LACMTA), the City shall submit a Form 60 to LACMTA for all the anticipated work, activities, and services for the upcoming LACMTA Fiscal Year in accordance with Section 2.3 (Work Orders);
(vi) not later than April 1 (or in the case of the first partial LACMTA Fiscal Year applicable to the ESP2 Project, no later than 30 Days following receipt of the applicable Form 60 from the City under Section 2.2(a)(v)), the Parties shall negotiate in good faith and agree (subject to LACMTA Board approval where applicable) to each Form 60 submitted by the City under Section 2.2(a)(v) for all the anticipated work, activities, and services for the upcoming LACMTA Fiscal Year in accordance with Section 2.3 (Work Orders); and (vii) not later than June 1 (or in the case of the first partial LACMTA Fiscal Year applicable to the ESP2 Project, no later than 60 Days following conditional agreement under Section 2.2(a)(vi)), LACMTA will obtain any and all Board approvals required and authorize and issue the Work Order for all the anticipated work, activities, and services for the upcoming LACMTA Fiscal Year in accordance with Section 2.3 (Work Orders). Authorization of such Work Order will be deemed as agreement of the Annual Work Plan for the ESP2 Project for the upcoming LACMTA Fiscal Year.
(b) This Section 2.2 does not limit the ability of the Parties to agree to additional Work Orders during the applicable LACMTA Fiscal Year with respect to any work, activities or services required to be performed by the City under this Agreement that were not anticipated under the Annual Work Plan and not already authorized through a Work Order.
(c) The services performed by the City in preparing Annual Work Plans under the provisions of this Section 2.2, are eligible for reimbursement under this Section 2.2, Section 2.3 (Work Orders) and Section 7.1 (Reimbursements to the City).

2.3 Work Orders
(a) If the City is required to perform work and/or provide support and/or services under the provisions of this Agreement or LACMTA requests that the City perform work and/or provide support and/or services under the provisions of this Agreement, whether under the Annual Work Plan procedures or otherwise, the City shall submit a Form 60 to LACMTA to estimate the total effort and Costs for which the City shall require reimbursement with respect to the scope of work under such Annual Work Plan or other specific scope of work (as applicable).

EXECUTION VERSION
7 (b) If LACMTA approves a Form 60 submitted by the City under Section 2.3(a) without requiring any changes or additions, LACMTA will issue a signed Work Order to the City for the agreed upon Annual Work Plan or specific scope of work (as applicable). Following receipt of a signed Work Order, the City must promptly commence the work authorized under such Work Order. (c) Each Work Order issued by LACMTA to the City in accordance with this Agreement shall specify the work authorized to be performed, any materials or equipment to be acquired, and the amount of money that the City will be reimbursed for the authorized work as agreed under the applicable Form

60. In the case of a Work Order under which the City is to perform the Design and/or Construction of a Rearrangement or for City-Performed Project Work, the Work Order will also specify the schedule, including the estimated start and finish dates for the authorized work. (d) If LACMTA requests changes or additions (including any additional or supplemental provisions) to a Form 60 submitted by the City prior to issuing a Work Order, the Parties shall negotiate such changes or additions in good faith. Upon the Parties' agreement on any such changes or additions (and any necessary City council or LACMTA Board approval for such changes or additions), LACMTA will issue a Work Order to the City for the applicable Annual Work Plan or specific scope of work (as applicable), with the agreed changes or additions and, following receipt of such Work Order, the City must, within ten Days of issuance by LACMTA, accept any agreed changes or additions to the applicable Form 60 by counter-signing the Work Order or otherwise by written acceptance by the City Representative, in each case followed by the prompt commencement of the services and work authorized under the Work Order. If the City fails to accept the Work Order within ten Days, the Work Order will be deemed to be accepted by the City. Nothing in this Section 2.3(d) shall prohibit LACMTA from approving a Form 60 under Section 2.3(b) in part and authorizing the City to commence the approved part of the scope of work.
(e) The City shall not be authorized to do any work and shall not be paid, credited or reimbursed for costs or expenses associated with any work performed in connection with the ESP2 Project or otherwise under the provisions of this Agreement, that is not expressly authorized by a Work Order, as may be amended pursuant to Section 2.3(f).
(f) Except in the case of a change required in response to an emergency, the City may submit proposed changes to a Work Order in writing to LACMTA for Approval. LACMTA shall not unreasonably withhold or delay such Approval. If approved, the City may perform the work in accordance with the authorized change. In the case of a change due to an emergency, the notification may be given orally, but must be confirmed in writing to LACMTA within three Days of commencement of any emergency work.
(g) LACMTA may terminate any Work Order at any time at its sole discretion, provided that the City will be entitled to reimbursement in accordance with this Agreement for Costs, if any, already incurred. (h) The City shall promptly notify LACMTA if at any time it anticipates:
(i) exceeding 75% of the total estimated Costs under any Work Order within the next 60 Days; (ii) that the total Costs under any Work Order will exceed 110% of the previously estimated Costs; or
(iii) that the estimated finish date will be later than the date stated in the Work Order, and shall request an amendment to such Work Order pursuant to Section 2.3(f).

2.4 Project Schedule
(a) The City agrees to cooperate and coordinate with LACMTA in accordance with the provisions of this Agreement for LACMTA to achieve the Project Schedule and, subject to LACMTA agreeing to the reimbursement of the Cost of the applicable resources in accordance with Sections 2.3 (Work Orders)

EXECUTION VERSION
8 and 7.1 (Reimbursements to the City), to allocate sufficient staff and other resources necessary to provide the level of service required to perform the scope of work in accordance with the work schedules, review periods and timelines identified in this Agreement and any Work Orders. If the City determines that, notwithstanding its compliance with its obligations under this Section 2.4(a), additional personnel or other resources (including through the use of City Contractors) are required to mitigate the risk of delay in performing the scope of work within the defined schedule, the City may submit a proposed change to a Work Order in accordance with Section 2.3(f) (Work Orders). (b) To the extent the City fails to carry out any work or obligations for which it is responsible under the provisions of this Agreement and/or any Work Order in accordance with the work schedules, review periods and timelines identified in this Agreement and the applicable Work Order, and such failure is attributable to the City, then, to the extent such delay directly causes: (i) LACMTA to incur additional Costs; or (ii) a delay to the ESP2 Project, the City must reimburse LACMTA for all actual and documented Costs and expenses incurred or arising out of such delay. The City shall pay such Costs to LACMTA within 90 Days of receiving an invoice from LACMTA. If the Parties agree, LACMTA may deduct the amount due from the City to LACMTA pursuant to this Section 2.4(b) from payment due to the City.
(c) Without limiting any other rights under this Section 2.4, if the City fails to carry out any work or obligations for which it is responsible under the provisions of this Agreement in accordance with the work schedules, review periods and timelines identified in this Agreement and the applicable Work Order (in each case, as may be extended under Section 2.4(d)), LACMTA (or a LACMTA Contractor) will issue a Notice to the City referencing the relevant work or obligation (including any anticipated delay and cost impacts to the ESP2 Project) and requesting the City's immediate attention (or, if the Project Schedule allows without causing LACMTA to incur additional costs or a delay to the ESP2 Project, providing an extension of time) and if the delay remains unresolved, LACMTA shall escalate the delay utilizing the issue resolution ladder set out in EXHIBIT 4 (Roles and Responsibilities). Where the delayed obligation relates to Design or Construction work that the City has agreed to perform under the terms of this Agreement or where LACMTA reasonably determines that the City will be unable to timely complete any Design or Construction work that the City has agreed to perform under the terms of this Agreement, LACMTA may by a Notice to the City, suspend the affected element of the City's work and LACMTA may perform the remaining work. If LACMTA takes over work in accordance with this Section 2.4(c), the City shall cooperate and assist LACMTA (or LACMTA Contractor) with the transfer of such work to LACMTA (or LACMTA Contractor) in accordance with the provisions of this Agreement.
(d) To the extent:
(i) a failure by LACMTA to perform its work and obligations in accordance with the work schedules, review periods and timelines identified in this Agreement and/or any Work Order; or
(ii) the rejection by LACMTA of a reasonable request by the City for additional resources under Section 2.4(a),
results in a delay to the performance of the City's work under a Work Order, the City will be entitled to an equivalent extension to the affected deadline and any other relief expressly contemplated under the provisions of the applicable Work Order (including, where the City is performing Design or Construction work, any Costs associated with such delay).

2.5 Permits
(a) The Parties acknowledge that pursuant to Applicable Law, LACMTA is not subject to zoning, building or design review, or construction permitting ordinances of the City when constructing the City Portion. (b) Without prejudice to Section 2.5(a) or the requirements set out in EXHIBIT 8 (Construction Requirements):

EXECUTION VERSION
9 (i) the City will issue a blanket Permit Notification to cover the City Portion; (ii) for those permits and fees set out in the Permit Notification, the City will not exercise or otherwise attempt to assert permitting authority over, and will not require the payment of fees or the posting of bonds for or insurance by LACMTA or any LACMTA Contractor for any work contemplated in the City Portion or otherwise under the provisions of this Agreement; (iii) any processing procedures or timelines specified in the Permit Notification will be aligned with the procedures and timelines specified in this Agreement and will otherwise be streamlined as necessary to assist in the timely delivery of the City Portion in accordance with the Project Schedule; and
(iv) except for Cost reimbursement expressly provided under a Work Order, the City waives the payment of any permit costs for permits identified in the Permit Notification. (c) To the extent any conflicts exist or arise between the provisions of the Permit Notification and the provisions of this Agreement, the provisions of this Agreement shall govern. (d) If requested by LACMTA, the City will provide reasonable assistance to LACMTA and LACMTA Contractors in relation to any application by LACMTA or an LACMTA Contractor for a Governmental Approval or other Governmental Entity or third-party approval relating to or arising from, the Design, Construction, operation or maintenance of the City Portion. (e) Without prejudice to the generality of Section 2.5(d), the City acknowledges and agrees that unless otherwise agreed between LACMTA and the City, LACMTA may prepare for submission to the CPUC, plans and applications for the establishment of street and pedestrian crossings with LACMTA's rail transit tracks, the subsequent maintenance or alteration and the operation, subject to concurrence by the City (which concurrence may not be unreasonably delayed or withheld). To the extent required by Applicable Law, the state fire marshal and the City fire department shall review such plans and specifications and perform inspections as needed throughout the Design and Construction of the City Portion.

2.6 Coordination of Work
(a) Except in the case of Adjacent Work required as a result of an emergency (which notification and coordination shall occur within three Days following the occurrence of the emergency), the City will promptly (and in any case no later than 30 Days) notify LACMTA upon becoming aware of any proposed or planned Adjacent Work and will take all reasonable actions within its powers, to coordinate the Design and performance of any Adjacent Work with LACMTA so that such Adjacent Work shall not pose a safety hazard, or interfere with, disrupt or delay the Design, Construction, operation or maintenance of, or threaten the structural integrity of the City Portion. Such actions shall include:
(i) complying with the provisions of this Section 2.6 and LACMTA's standard procedures for Adjacent Work;
(ii) providing to LACMTA the scope of work and estimated start and finish dates for the Adjacent Work;
(iii) to the extent requested by LACMTA, delivering copies of designs and plans for the Adjacent Work to LACMTA and giving LACMTA the right to review, comment on the final plans and designs and plans for the Adjacent Work; and
(iv) coordinating the Adjacent Work or suspending the Adjacent Work or the relevant part of the Adjacent Work (as applicable).

EXECUTION VERSION
10 (b) The City will (and will take all reasonable actions within its powers to ensure that any City Contractor or third party performing any Adjacent Work, City Construction Work or City Maintenance Work is obligated under contract and/or a permit process to):
(i) fully co-operate and coordinate with LACMTA and the LACMTA Contractors including:
(A) attending coordination meetings upon reasonable request; and (B) providing interface data reasonably requested by LACMTA or the LACMTA Contractors and necessary to complete interface coordination; (ii) perform the Adjacent Work, City Construction Work or City Maintenance Work (as applicable) so as to minimize any interference with or disruption or delay to construction, operation or maintenance of the City Portion or any other part of the ESP2 Project; (iii) comply with LACMTA's or the LACMTA Contractor's site access, track allocation, work permit procedures and work health and safety policies and procedures; and (iv) promptly advise LACMTA of all matters arising out of the Adjacent Work, City Construction Work or City Maintenance Work (as applicable) that may interfere with, disrupt, delay or otherwise have an adverse effect on the City Portion or any other part of the ESP2 Project.

2.7 Utility Adjustments
(a) In accordance with Section 1.1 (Scope of Agreement), the Parties will cooperate and coordinate in performing the steps necessary to ensure that applicable Utility owners implement the Utility Adjustments necessary to address Utility Conflicts that will impact the City Portion of the ESP2 Project, including LACMTA and the City each exchanging information, participating in coordination meetings, coordinating in the issuance of Notices to Utility owners requesting a Utility Adjustment, and performing the other steps and activities set out in EXHIBIT 5 (Utility Adjustment Procedures). (b) The Parties shall cooperate and coordinate in executing the necessary documents for each step set out in EXHIBIT 5 (Utility Adjustment Procedures).
(c) The services performed by the City under the provisions of this Section 2.7, are eligible for reimbursement under Sections 2.2 (Annual Work Plan), 2.3 (Work Orders) and 7.1 (Reimbursements to the City).

2.8 Governmental and Lender Requirements
If the ESP2 Project is subject to financial assistance provided by loan agreements with the U.S. Department of Transportation, the Federal Transit Administration, other federal, state and local Governmental Entities, and/or financial institutions providing grants, funding or financing, the Parties will comply with any prescribed governmental and lender requirements set out in a Work Order or otherwise under the applicable grant, funding or financing agreements notified to the City.

2.9 Access
If, prior to LACMTA's scheduled start of Construction in a part of the City Portion, any Rearrangement is necessary to eliminate a conflict, the City may grant to LACMTA and/or its designee sufficient rights, as necessary, to allow LACMTA to proceed with investigation of existing conditions and the Construction of that part of the City Portion in accordance with the Project Schedule; provided, however, that such grant does not unreasonably and adversely interfere with the provision of City’s services to the public, or affect public health and safety; and provided further, that the City is permitted under Applicable Law to grant such right.

2.10 Early Involvement

EXECUTION VERSION
11 (a) The Parties will cooperate and coordinate during the Planning and Advanced Conceptual Engineering Phase, including performing all steps and activities set out in EXHIBIT 13 (Early Involvement). (b) To commence the Early Involvement Procedures, LACMTA shall deliver a Notice to the City inviting the City to an initial meeting as set out in Part A (Early Involvement Procedures) of EXHIBIT 13 (Early Involvement). Such Notice will include a target date for documenting the Project Definition, LACMTA's anticipated date for issuance of Procurement Documents for the ESP2 Project, and any updates to the ESP2 Project description, Project Schedule, phasing, and other information set out in EXHIBIT 1 (Project Description), EXHIBIT 2 (Project Phases and Project Schedule), and EXHIBIT 3 (Project Site), or otherwise previously notified to the City by LACMTA. (c) The purpose of the Early Involvement Procedures is to:
(i) identify and define the applicable City Standards and other criteria under the Basis of Design for any Rearrangements (with respect to the criteria for the scope elements listed under Part A (Early Involvement Procedures) of EXHIBIT 13 (Early Involvement) as part of establishing the Project Definition, thereby:
(A) provide agreed parameters for Design reviews performed by the City under this Agreement, and minimize the risk of delays, change orders and other unforeseen Costs after award; and
(B) provide the City with the opportunity to identify, notify and agree to the applicable City Standards and other criteria under the Basis of Design for any Rearrangements as contemplated in the exclusions listed in sub-paragraphs (ii) and (iii) of the definition of "Betterment", and therefore to minimize the risk of Betterments arising under paragraph (b) of the definition of "Betterment";
(ii) identify Utility Adjustments arising from the City Portion and enable the Parties to plan for and commence the procedures set out under Section 2.7 (Utility Adjustments); (iii) inform the City of the anticipated Project Schedule, and enable the Parties to plan for resource needs during the Design Phase and Construction Phase to minimize the risk of delays; and (iv) identify, plan for, and coordinate anticipated Adjacent Work in accordance with Section 2.6 (Coordination of Work).
(d) The Parties will finalize and agree to the Project Definition (including the Basis of Design) prior to the end of the Planning and Advanced Conceptual Engineering Phase of the ESP2 Project in accordance with Part A (Early Involvement Procedures) of EXHIBIT 13 (Early Involvement) and in any case prior to issuance of the Procurement Documents for the Design of the Rearrangements provided that:
(i) if any matters remain outstanding at the end of the Planning and Advanced Conceptual Engineering Phase or 30 Days prior to the scheduled issuance of the Procurement Documents for the Design of the Rearrangements (whichever is earlier), the Parties will finalize and agree to the Project Definition to the extent of the agreed matters, subject to identifying those outstanding matters on the Project Definition form in accordance with Part A (Early Involvement Procedures) of EXHIBIT 13 (Early Involvement) and, unless LACMTA has notified the City that such outstanding matters may be agreed at a later stage based on LACMTA’s contracting and procurement plan for the ESP2 Project and/or the Project Schedule, the outstanding matters will be referred to the Level 2 decision makers identified in Part C (Issue Resolution Ladder and Decision-Making Protocols) of EXHIBIT 4 (Roles and Responsibilities) for discussion and prompt resolution; and (ii) if the Procurement Documents applicable to a Rearrangement are advertised more than 24 months after agreement on the Project Definition, LACMTA and the City will review the Project Definition in accordance with this Section 2.10 and Part A (Early Involvement Procedures) of

EXECUTION VERSION
12 EXHIBIT 13 (Early Involvement) and may agree to amend the Project Definition to reflect any impacts to such Rearrangement arising from such delay or from any further Design Development performed since agreement on the Project Definition. (e) The scope of Rearrangements and Basis of Design applicable to the Rearrangements agreed under a Project Definition shall comply with this Agreement.
(f) Subject to this Section 2.10, the City acknowledges and agrees that upon agreement of a Project Definition, LACMTA will rely on the Project Definition to prepare and issue the Procurement Documents for the Design and Construction of the ESP2 Project. (g) Any support and/or services required to be provided by the City under the provisions of this Section

2.10 are eligible for reimbursement under Sections 2.2 (Annual Work Plan), 2.3 (Work Orders) and

7.1 (Reimbursements to the City). No reimbursements to the City will be made for:
(i) performance of its obligations as a responsible agency or cooperating agency (as applicable) for the purposes of the environmental review and approval process; or (ii) unless otherwise agreed by LACMTA, performance of any other activities, work and services performed during the Planning and Advanced Conceptual Engineering Phase falling within any of the categories of activities that are not eligible for reimbursement set out in Part B (Reimbursement for Participation in Early Involvement Procedures) of EXHIBIT 13 (Early Involvement).

2.11 Requests for Information
Either Party may submit to the other a Request for Information or clarification. Upon delivery of any such request, the receiving Party must provide the information requested to the other Party promptly and in any case within 14 Days of delivery of the request (or such longer period as the Parties may agree having regard to the quantum of information requested).

ARTICLE 3. DESIGN

3.1 Design Responsibilities
(a) Except to the extent of any Design work requested to be performed by the City under Section 3.1(b), LACMTA will (directly or through LACMTA Contractors) design all Rearrangements and produce all Design Documentation relevant to those works in accordance with the provisions of this Agreement.

LACMTA shall be responsible for any errors and omissions in the Design Documentation prepared by LACMTA or an LACMTA Contractor.
(b) LACMTA may request and authorize the City to perform:
(i) Design work and/or provide support services with respect to the Design of a Rearrangement pursuant to the procedures set out under Section 2.3 (Work Orders); and (ii) additional Design work with respect to the City Portion that is not part of any Rearrangement pursuant to the procedures and subject to the requirements set out under EXHIBIT 12 (CityPerformed Project Work).

The City shall diligently perform and shall ensure that any City Contractor diligently performs such Design-related activities in accordance with the provisions of the applicable Work Order and this Agreement. The City shall be responsible for any errors and omissions in any Design Documentation prepared by the City or a City Contractor.

EXECUTION VERSION
13 3.2 Design Requirements
Design of the Rearrangements shall comply with the requirements set out in EXHIBIT 6 (Design Requirements).

3.3 Design Review Procedure
(a) LACMTA will submit, and will require that the LACMTA Contractors submit, the Designs for any Rearrangements to the City for review in accordance with the procedures set out in EXHIBIT 7 (LACMTA Submittal Review Procedure), and in accordance with the provisions of this Agreement and any applicable Work Orders.
(b) The City will carry out the review and Approval of the Designs for the Rearrangements in accordance with the procedures and the review periods set out in EXHIBIT 7 (LACMTA Submittal Review Procedure), and in accordance with the provisions of this Agreement and any applicable Work Orders. (c) LACMTA is exempt from submitting any Design for Construction work within the Public Rights-of-Way to the City for the City's review and Approval where:
(i) LACMTA, an LACMTA Contractor, or a tenant or licensee of LACMTA owns and maintains (or will own and maintain) the structure or physical element; or (ii) the work is related to utility trenching and shoring within Occupational Safety and Health Administration (OSHA) guidelines and the relevant LACMTA Contractor is OSHA certified.

For the avoidance of doubt, this exemption does not affect any LACMTA obligation to submit Construction Staging Plans (including Traffic Management Plans) in accordance with EXHIBIT 8 (Construction Requirements).

Without prejudice to the foregoing, the City further acknowledges that as between the Parties, LACMTA has sole discretion to determine whether, and which features or facilities are required in order for LACMTA to comply with its obligations under Applicable Law in connection with the ESP2 Project (whether or not situated within the Public Rights-of-Way) including the ADA and in the case of its obligations under the ADA to determine whether matters are technically infeasible; provided, however, in making such determination, LACMTA shall utilize current rules and regulations promulgated under the ADA, and guidelines issued by federal agencies in accordance with the ADA, including but not limited to The ADA Best Practices Tool Kit for State and Local Governments published by Civil Rights Division of the U.S. Department of Justice.

3.4 Design Development
The Parties acknowledge and agree that:
(a) the Basis of Design will establish the scope, limits of work, specifications and requirements applicable to the Designs for any Rearrangements as at the issuance of Procurement Documents; and (b) the Design Documentation for any Rearrangements will be submitted for review progressively in Packages, and LACMTA and the applicable LACMTA Contractor will retain responsibility for defining the scope and timing of delivery of the Packages at each stage of Design.

3.5 City Standards
(a) The City agrees that it shall not adopt any new City Standards, or otherwise amend or supplement any existing City Standards or its interpretation or application of any existing City Standards, for the sole or primary purpose of affecting the ESP2 Project.
(b) Subject to Sections 3.5(a) and 3.5(c), the Parties acknowledge that the City may adopt new City Standards not listed in EXHIBIT 6 (Design Requirements) or amend or supplement existing City

EXECUTION VERSION
14 Standards listed in EXHIBIT 6 (Design Requirements) during the Term, provided that the City shall promptly (and in any case within 15 Days of adoption) notify LACMTA of any changes or additions to the City Standards adopted during the Term.
(c) Any changes or additions to the City Standards applicable to a Rearrangement after the establishment of the Basis of Design for that Rearrangement shall be considered a "Betterment" for the purposes of this Agreement (except to the extent an exclusion under that definition applies).

3.6 Changes to Design
(a) If LACMTA wishes to amend the Final Design for a Rearrangement for which it is responsible prior to completion of Construction of that Rearrangement, it must submit the amended Design Documentation to the City and EXHIBIT 7 (LACMTA Submittal Review Procedure) will apply as if the Design Documentation is for the Final Design.
(b) LACMTA may use or may allow the relevant LACMTA Contractor to use the amended Final Design for Construction prior to Approval by the City if and only if the amendment to the Final Design: (i) is minor; (ii) does not adversely impact the relevant Rearrangement; and (iii) is necessary to overcome an issue which has arisen or become evident since the Final Design was initially approved.

3.7 Value Engineering
(a) The Parties must work together to create efficiencies to reduce the overall Cost of the ESP2 Project in order to maximize the value of public funds. The City will exercise sound engineering judgment to cooperate and coordinate with LACMTA to identify efficient approaches to the Design of Rearrangements for the ESP2 Project when:
(i) performing the steps and activities under the Early Involvement Procedures including when reviewing the scope, criteria, specifications, and requirements for the Rearrangements that are included in the applicable Procurement Documents; and (ii) performing Design reviews under Section 3.3 (Design Review Procedure); (b) The Parties acknowledge and agree that this will include identifying, and reviewing LACMTA Contractor-identified, recommendations for potential innovations and value engineering opportunities with respect to the Rearrangements that offer value in terms of a reduced capital Cost for the ESP2 Project and/or that will offer value in terms of schedule savings, and/or quality benefits and adopting and applying those recommendations that, following evaluation by the Parties, will reduce the capital cost of the ESP2 Project and/or that will offer value in terms of schedule savings, and/or quality benefits. Any innovation or value engineering recommendations will be evaluated on the basis that any such recommendation should satisfy the required function of the Rearrangement at the lowest total Cost (capital, operating, and maintenance) consistent with the requirements of performance, reliability, maintainability, and safety.

ARTICLE 4. CONSTRUCTION

4.1 Construction Responsibilities
(a) Except to the extent of any Construction work requested to be performed by the City under Section 4.1(b), LACMTA (directly or through the LACMTA Contractors) will be responsible for the Construction of all Rearrangements and shall diligently perform and shall ensure that any LACMTA Contractor diligently performs, all such Construction in accordance with the provisions of this Agreement.
(b) LACMTA may request and authorize the City to perform:

EXECUTION VERSION
15 (i) Construction work with respect to a Rearrangement, and/or provide Construction support services pursuant to the procedures set out under Section 2.3 (Work Orders); and (ii) additional Construction work with respect to the City Portion that is not part of any Rearrangement pursuant to the procedures and subject to the requirements set out under EXHIBIT 12 (City-Performed Project Work).

The City shall diligently perform and shall ensure that any City Contractor diligently performs, all such Construction work and/or support services in accordance with the provisions of the applicable Work Order and this Agreement.

4.2 Construction Requirements
Construction of the Rearrangements and any other Construction work performed in the Public Rights-of-Way in connection with the ESP2 Project shall comply with the requirements set out in EXHIBIT 8 (Construction Requirements).

4.3 Rights-of-Way
(a) The Parties acknowledge that pursuant to Applicable Law, LACMTA is permitted to use Public Rightsof-Way to the same extent those rights and privileges relating to Public Rights-of-Way are granted to the City.
(b) Replacement rights-of-way for the relocation of Conflicting Facilities shall be determined during the Design Phase and, if needed, may be acquired by LACMTA or the City following mutual agreement of the Parties of the location and type of such replacement rights-of-way. When reasonably possible and where the City Facilities being replaced are located in a public right-of-way, a Rearrangement of those City Facilities shall be located in existing public rights-of-way. The required replacement rightsof-way for the relocation of Conflicting Facilities shall be acquired so as not to impact the Project Schedule. If the City cannot acquire any necessary private rights-of-way for the relocation of Conflicting Facilities without out-of-pocket expense to itself, such private rights-of-way may be acquired by LACMTA. Upon acceptance of the applicable Replacement Facility, the City shall convey or relinquish to LACMTA or its designee, if permitted by Applicable Law and agreement, at no cost, all City real property interests being taken out of service by the Rearrangement, and for which replacement real property interests are provided.
(c) Subject to Section 4.3(b), the Parties acknowledge that LACMTA is responsible for the acquisition of any private rights-of-way necessary to Construct and/or operate the ESP2 Project on the Project Right-of-Way, and LACMTA (or LACMTA Contractors) shall be responsible for the acquisition of any temporary construction easements necessary to construct the ESP2 Project. Upon reasonable request by LACMTA, the City shall provide reasonable assistance as may be required for LACMTA to obtain rights-of-way necessary to Construct the City Portion including considering reasonable requests by LACMTA to convey to LACMTA, at no cost to LACMTA, any City-owned street crossings, slivers, surface easements and temporary construction easements that may be required for Construction of the ESP2 Project without requiring LACMTA to go through the appraisal, negotiation, offer, closing and transfer process. Following any such reasonable request, LACMTA will prepare or cause to be prepared the title documents and documents of conveyance, and shall transmit such documents to the City Representative who shall process them through the required departments for execution, and return them to LACMTA within 90 Days after receipt, but in any event in accordance with the Project Schedule.
(d) The City agrees and acknowledges that this Agreement satisfies any LACMTA obligations to the City and otherwise relating to the certification of rights-of-way, and that the City shall cooperate with LACMTA, and assist LACMTA with any right-of-way certification processes involving other entities or agencies.

EXECUTION VERSION
16 (e) If, following a Rearrangement, a City Facility is located within the Project Right-of-Way, LACMTA shall provide the City with a license in a form reasonably acceptable to the City, to operate, maintain, and/or remove such City Facility.

4.4 Hazardous Materials
LACMTA (or LACMTA Contractor) will be responsible for any environmental site assessments, and any remediation of hazardous materials to be performed on the Project Site for the purposes of the ESP2 Project.

LACMTA will not be responsible for any Costs relating to the presence or existence of any environmental hazard on, in, under or about any City Facility, including but not limited to, any "hazardous substance" as that term is defined under the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. § 9601 et seq.), unless LACMTA or an LACMTA Contractor caused the environmental hazard through its actions, or remediation of hazardous materials is required to be performed on the Project Site for the purposes of the ESP2 Project in accordance with the environmental site assessments.

4.5 Inspection and Acceptance
The Parties agree that inspection and acceptance of the Construction of Rearrangements performed under this Agreement will be carried out in accordance with the procedure set out in EXHIBIT 9 (Inspection and Acceptance Procedure).

ARTICLE 5. BETTERMENTS

5.1 Notice of Betterments
(a) The City shall inform LACMTA what Betterments, if any, the City requests be implemented as a Rearrangement or a part of a Rearrangement by submitting a completed City Betterment Request for LACMTA's review and Approval. The City shall submit any City Betterment Request to LACMTA promptly after identifying a potential Betterment and in any event shall, unless later delivery is otherwise agreed by LACMTA or acknowledged under this Article 5, deliver all City Betterment Requests to LACMTA prior to the establishment of the Basis of Design. (b) Any Design furnished by the City under a Work Order shall specifically identify any Betterments included in such Design, and where Betterments are identified that were not previously agreed under this Article 5, any such Design shall be accompanied by a completed City Betterment Request and submitted for LACMTA's review and Approval in accordance with this Article 5. (c) If a City comment to an LACMTA Submittal or any other form of City request with respect to the ESP2 Project constitutes a Betterment, LACMTA will deliver an LACMTA Notice of Potential Betterment to the City and within ten Days of delivery of such Notice, the City will: (i) withdraw the relevant comment; or (ii) submit a request for the applicable Betterment by submitting a completed City Betterment Request for LACMTA's review and Approval. If the City fails to respond within ten Days of a Notice delivered by LACMTA under this Section 5.1(c), the comment will be deemed to be withdrawn. Such deemed withdrawal shall be without prejudice to the City's right to submit the request under a subsequent City Betterment Request under this Article 5.

5.2 Approval of Betterments
If LACMTA approves a Betterment (with or without changes negotiated and agreed by the Parties):
(a) the LACMTA Representative shall counter-sign the City Betterment Request (updated to include any changes negotiated and agreed by the Parties); and
(b) the City will be responsible for the Cost of the Betterment.

5.3 Right to Refuse a Betterment

EXECUTION VERSION
17 No Betterment shall be constructed that is not approved by LACMTA pursuant to this Article 5. LACMTA shall have the right to refuse and withhold Approval for any Betterment, that:
(a) is incompatible with the ESP2 Project;
(b) cannot be performed within the constraints of Applicable Law, any applicable Governmental Approvals, and/or the Project Schedule; or
(c) is requested after establishment of the Basis of Design.

5.4 Cost of Betterments
LACMTA shall not be responsible for the Cost of any Betterment (whether or not the Cost exceeds any estimates provided by LACMTA, and including the Cost of any mitigations included as a result of the Betterment in the Final Environmental Documents). Such Cost will be paid to LACMTA or credited to LACMTA in accordance with Section 7.2 (Reimbursement and Credits to LACMTA).

ARTICLE 6. OPERATION AND MAINTENANCE

6.1 LACMTA may, at any time during the original Term, issue to the City a request to extend the Term to include the Operation and Maintenance Phase, or to enter into a new cooperative agreement with respect to the Operation and Maintenance Phase.

6.2 Following issuance of a request by LACMTA under Section 6.1, the Parties shall use good faith efforts to agree to an amendment or supplement to this Agreement or to agree to a new cooperative agreement to address the Parties’ respective obligations during the Operation and Maintenance of the ESP2 Project, and the procedures and Cost reimbursement principles that shall apply to the coordination and performance of their respective obligations during the Operation and Maintenance of the ESP2 Project.

6.3 The Parties agree that any amendment or supplement to this Agreement or any new agreement entered into in accordance with Section 6.2 shall be on terms that are substantially consistent with:
(a) the provisions set out in this Agreement (to the extent applicable and subject to any necessary amendments to reflect the different phases of the ESP2 Project); and (b) the agreed Operation and Maintenance principles set out in EXHIBIT 10 (Operation and Maintenance Principles).

6.4 Any amendment, or supplement or new agreement agreed by the Parties in accordance with Section 6.2 shall be finalized and documented in accordance with Section 10.7 (Amendments).

ARTICLE 7. REIMBURSEMENT AND CREDITS

7.1 Reimbursements to the City
(a) Except with respect to Betterments, LACMTA will reimburse the City for Costs incurred for work performed by the City or City Contractors under a Work Order in accordance with this Section 7.1 and the provisions of the applicable Work Order.
(b) If a Rearrangement performed under a Work Order is limited to the removal or elimination of a City Facility, LACMTA will only be responsible for any Costs incurred to Abandon such City Facility and will not be required to replace or compensate the City for the replacement of that City Facility. (c) The City shall use the following procedures for submission of its progress billings to LACMTA for work performed by the City under a Work Order:

EXECUTION VERSION
18 (i) the City shall commence its monthly billing within no more than 60 Days following the commencement of work under a specific Work Order, and shall bill monthly thereafter following the City’s standard billing procedures;
(ii) the City shall provide supporting documents to demonstrate the Costs incurred by the City with respect to a Work Order, including a description of the tasks performed by reference to the tasks described in the Work Order, City Contractor invoices, the names of individuals performing the relevant tasks, the time expended on each task, a description and quantity of equipment and materials utilized on each task, the number of hours each piece of equipment was utilized, and any other supporting information required under the terms of the Work Order or otherwise requested by LACMTA;
(iii) each billing statement shall: (A) be noted as either "progress" or "final"; (B) be addressed to the LACMTA Representative; (C) include a certification that the Costs identified in such billing were appropriate and necessary for the performance of the work under the Work Order and have not previously been billed or paid; and (D) reflect any applicable credits due to LACMTA under Article 7;
(iv) the final billing under a Work Order, with a notation that all work covered by that Work Order has been performed, shall be submitted to LACMTA within 60 Days after completion of the work under the applicable Work Order, and shall summarize prior progress billings, show inclusive dates upon which work was performed, and include a certification that the Costs identified in such billing were appropriate and necessary for the performance of the work under the Work Order and have not previously been billed or paid; and (v) after expiration of the 60-Day period described in Section 7.1(c)(iv), LACMTA will notify the City in writing that the 60-Day closing billing period has expired, and upon the City’s receipt of such Notice from LACMTA, the City shall have 30 Days to submit its final invoice. (d) On completion of Construction of the City Portion, LACMTA will issue a Notice of closeout to the City (including Final Acceptance of all Rearrangements for that City Portion). Within 90 Days of receiving such Notice, the City must issue invoices to LACMTA for all services under any Work Order for the Design and/or Construction of the ESP2 Project. Any invoices submitted after the expiration of the 90-Day period may require additional documentation and verification of work performed before LACMTA will process the invoice.

7.2 Reimbursements and Credits to LACMTA
(a) LACMTA shall receive a credit, or payment for:
(i) salvage of items recovered from existing City Facilities that the City intends to re-use in the performance of Construction work performed under the provisions of this Agreement, where the amount of salvage credit or payment, if any, shall equal the depreciated value of like or similar materials as determined by agreement of the Parties, plus storage and transportation costs of such materials salvaged for the City’s use. The sum of credits and/or payments due to LACMTA for salvage shall be agreed by the Parties based on applicable books, records, documents and other data, or an inspection survey of a City Facility conducted by the Parties prior to or during Design Development. LACMTA may request and authorize the City to perform support services with respect to any such inspection survey pursuant to the procedures set out under Section 2.3 (Work Orders);
(ii) all Costs relating to Betterments upon acceptance of physical work where:
(A) the initial amount of the Betterment payment or credit shall be based upon the estimated Cost for the Design and Construction of the Rearrangement with the Betterment less the estimated Cost for Design and Construction of the

EXECUTION VERSION
19 Rearrangement without the Betterment, in each case as set out by LACMTA in its response and Approval to the applicable City Betterment Request; and (B) upon acceptance of the physical work for the Betterment, the initial Betterment payment or credit shall be reconciled by the Parties against the actual Costs of the Betterment; and
(iii) the Expired Service Life Value of each Conflicting Facility being replaced if the Replacement Facility will have an expected period of useful service greater than the expected remaining period of useful service of the existing Conflicting Facility, had the existing Conflicting Facility remained in service and the Rearrangement not been made. The Expired Service Life Value shall be determined by the Parties prior to the commencement of the applicable Rearrangement work and documented in the applicable Work Order. (b) LACMTA shall receive:
(i) a credit (reflected on the applicable invoice submitted by the City) for salvage, Betterments, and Expired Service Life Value of applicable City Facilities against work performed by the City; and
(ii) payment from the City for salvage, Costs of Betterments, and Expired Service Life Value of applicable City Facilities where LACMTA performs the work invoiced. (c) Where LACMTA is due a payment under this Article 7:
(i) LACMTA shall commence its monthly billing within no more than 60 Days following the commencement of the applicable work, and shall bill monthly thereafter following LACMTA's standard billing procedures;
(ii) LACMTA shall provide to the City supporting documents to demonstrate the Costs incurred by LACMTA, including LACMTA Contractor invoices, and other data upon request; (iii) each billing statement for a salvage, Betterment, or Expired Service Life Value with respect to a City Facility shall: (A) be noted as either "progress" or "final"; (B) be addressed to the City Representative; and (C) include a certification that the Costs identified in such billing were appropriate and necessary for the performance of the applicable work and have not previously been billed or paid;
(iv) the final billing for a salvage, Betterment, or Expired Service Life Value with respect to a City Facility, with a notation that all applicable payments due to LACMTA for that salvage, Betterment, or Expired Service Life Value, shall be submitted to the City within 60 Days after completion of the applicable work, and shall summarize prior progress billings, show inclusive dates upon which work was performed, and include a certification that the Costs identified in such billing were calculated in accordance with this Section 7.2 and have not previously been billed or paid; and
(v) after the expiration of the 60-Day period described in Section 7.2(c)(iv), the City may notify LACMTA in writing that the 60-Day closing billing period has expired, and upon LACMTA's receipt of such Notice from the City, LACMTA shall have 30 Days to submit its final invoice.

7.3 Payment of Billings
Payment of each invoice properly submitted pursuant to Section 7.1 (Reimbursements to the City) or 7.2 (Reimbursements and Credits to LACMTA) shall be due within 60 Days of receipt; provided that: (a) all such payments shall be conditional, subject to post-audit adjustments; (b) final payment for a Rearrangement shall be contingent upon final inspection (and acceptance) of the work by the Party billed for such work, which inspection (and acceptance, where applicable), will not be unreasonably withheld or delayed; and (c)

EXECUTION VERSION
20 LACMTA may withhold payments in the amount of any credit amounts due to LACMTA if the City has not posted such credits within 60 Days after submittal of requests for the same by LACMTA.

ARTICLE 8. INDEMNITY, WARRANTIES AND INSURANCE

8.1 Indemnity
(a) Each Party shall release, defend, indemnify, and hold harmless the other Party and its respective officers, agents, representatives, and employees from and against all liabilities, expenses (including legal fees and costs), claims, losses, suits, and actions of any kind, and for damages of any nature, including but not limited to, bodily injury, death, personal injury, or property damage arising from or connected with its performance under this Agreement.
(b) In contemplation of the provisions of Section 895.2 of the California Government Code imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Section 895 of the Government Code, the Parties, as between themselves, pursuant to Sections 895.4 and 895.6 of the Government Code, each assume the full liability imposed on them, or any of their officers, agents or employees, by law for injury caused by negligent or wrongful act or omission occurring in the performance of this Agreement to the same extent that such Party would be responsible under Section 8.1(a). The provisions of California Civil Code Section 2778 are made a part of this Agreement as if fully set out in this Agreement. (c) Each Party agrees to notify the other promptly upon receipt of any third-party claim for which a Party is entitled to indemnity under this Agreement.

8.2 Warranty
(a) In lieu of providing a bond associated with excavations in, or adjacent to, Public Rights-of-Way, LACMTA warrants that any work in connection with the City Portion affecting the structural stability of the Public Rights-of-Way shall be free from defect for a period of two years following Substantial Completion of that part of the work by LACMTA or the applicable LACMTA Contractor. Pursuant to this warranty and for the warranty period only, LACMTA, at its sole expense, shall remedy any damage to the Public Rights-of-Way to the extent caused by a failure of such structural support installed by LACMTA or an LACMTA Contractor.
(b) Solely with respect to Rearrangements performed by LACMTA or LACMTA Contractors and any work performed by the City or the City Contractors, the City and LACMTA each warrant to the other for a period of one year from and after Substantial Completion of that Rearrangement or work (or at such earlier date on which responsibility for the maintenance, loss or damage for that Rearrangement or work passes to the other Party) that such Rearrangement or work performed by them shall be free from defect, provided that in the case of any Punch List items recorded at Substantial Completion (or such earlier date on which the Parties agree that responsibility for maintenance, loss or damage passes), the warranty period shall be for one year from and after completion of that Punch List item.

Subject to Section 8.2(a), the limited warranty given under this Section 8.2(b) is the sole warranty given by the City and/or LACMTA, and, pursuant to this warranty, and for the warranty period only, the City or LACMTA, as the case may be, shall remedy any such discovered defect at its sole expense. (c) In connection with Rearrangements performed by LACMTA or LACMTA Contractors and any work performed by the City or the City Contractors, warranties supplied by LACMTA Contractors and City Contractors to LACMTA or the City (as applicable) shall be made for the benefit of both LACMTA and the City.
(d) If the City discovers a defect or failure of structural support for a City Facility that results from work performed by LACMTA or an LACMTA Contractor after the expiration of the warranty periods set out in this Section 8.2, LACMTA will, in good faith and as promptly as reasonably possible, engage the City to find an equitable remedy to address the subject defect or failure.

EXECUTION VERSION
21 8.3 Insurance
(a) The Parties must ensure that any contract entered into in connection with performance of the work under this Agreement contains:
(i) a provision requiring the general contractor, as part of the liability insurance requirements, to provide an endorsement to each policy of general liability insurance naming the City and LACMTA as additional insureds; and
(ii) unless otherwise mutually agreed by the Parties, the requirement for: (A) construction general contractors to provide evidence of insurance in the following amounts: $2,000,000 in general liability; $1,000,000 in workers' compensation/employer's liability; and $1,000,000 in combined single limit (CSL) in auto liability; and (B) design contractors to provide evidence of insurance in the following amounts: $2,000,000 in general liability; $1,000,000 in workers' compensation/employer's liability; $1,000,000 in CSL in auto liability; and $1,000,000 in professional liability.
(b) Each Party must:
(i) give the other Party 20 Days' Notice prior to any reduction in scope or cancellation or expiration of any insurance procured by it under this Section 8.3; (ii) give the other Party 20 Days' Notice prior to it agreeing to a reduction in scope or the cancellation or expiration of any insurance procured by an LACMTA Contractor or City Contractor (as applicable) under this Section 8.3; and
(iii) notify the other Party within five Days if it receives a Notice from an LACMTA Contractor or City Contractor (as applicable) of the expiration of any insurance procured under this Section

8.3. ARTICLE 9. RESOLUTION OF DISPUTES

9.1 Attempt to Resolve
In the event of a Dispute, the Parties shall make good faith efforts to resolve the Dispute through negotiation.

9.2 Arbitration – No Work Stoppage
(a) If the Parties are unable to resolve a Dispute pursuant to Section 9.1 (Attempt to Resolve), either Party may serve the other Party a demand for arbitration. Within 22 Days (or such longer period as agreed by the Parties) of receipt of such demand, the Parties shall agree on a sole arbitrator. If the Parties are unable to agree to the appointment of a sole arbitrator within the 22 Days (or any longer period as may be agreed), each Party shall select an arbitrator and those arbitrators shall select a Neutral Arbitrator to form a three-person panel. If either Party fails to designate its arbitrator within 22 Days (or any longer period as agreed) of delivery of the demand, or if the two designated arbitrators are unable to select a Neutral Arbitrator within five Days of their appointment, a Neutral Arbitrator shall be designated pursuant to Section 1281.6 of the California Code of Civil Procedure, who shall hear the matter as the sole arbitrator.
(b) The Parties acknowledge that Section 1283.05 of the California Code of Civil Procedure is applicable to those issues not involving work stoppage. A hearing date shall be set as promptly as possible following selection of the arbitrator in accordance with Section 9.2(a). The arbitrator's award shall promptly follow the hearing's conclusion, and shall be supported by law and substantial evidence and the issuance of written findings of fact and conclusions of law. The making of an award that does not comply with such requirements shall be deemed to be in excess of the arbitrator's power and the court shall vacate the award if after review it determines that the award cannot be corrected without affecting the merits of the decision upon the controversy submitted.

EXECUTION VERSION
22 9.3 Arbitration – Work Stoppage
(a) In the event of a Dispute, neither Party is permitted to stop work, except: (i) for reasons of public health or safety; or (ii) where work is prevented from continuing pending resolution of the Dispute. In the event that work is stopped, the provisions of this Section 9.3 shall apply. Upon stoppage of work, either Party may serve the other Party a demand for arbitration. A Neutral Arbitrator who is able to hear the Dispute and render a decision within five Days after being selected shall be immediately designated pursuant to Section 1281.6 of the California Code of Civil Procedure. (b) Notwithstanding Section 1282.2(b) and Section 1282(e) of the California Code of Civil Procedure (regarding postponement of the hearing), where work is stopped, the Neutral Arbitrator may not postpone nor adjourn the hearing except upon the agreement of the Parties. The arbitration may proceed in the absence of a Party who, after due Notice, fails to appear. In addition to all other issues, the Neutral Arbitrator shall also determine whether it was absolutely necessary to stop and await resolution of the Dispute in order to continue the work. If it is determined that the work stoppage was not necessary, the Party that did not stop the work shall be entitled to damages (as determined by the Neutral Arbitrator) arising out of such work stoppage. Section 9.2(b) (Arbitration – No Work Stoppage) shall also apply.

9.4 Impartiality of Arbitrator
Any person who has any material financial or personal interest in the results of the arbitration shall be prohibited from acting as a Neutral Arbitrator. Failure to disclose any such interest or relation shall be grounds for vacating an award handed down under Sections 9.2 (Arbitration – No Work Stoppage) or 9.3 (Arbitration – Work Stoppage).

9.5 Compensation of the Arbitrator
Each Party shall pay the expenses and fees of the arbitrator it selects. The expenses and fees of the Neutral Arbitrator shall be paid in accordance with the provisions of Section 1284.2 of the California Code of Civil Procedure.

9.6 Other Provisions
An arbitrator or panel appointed under this Article 9 shall have only the authority to issue a non-binding award to resolve the dispute of the Parties. Except as otherwise expressly provided in this Agreement, any arbitration under this Article 9 shall be governed by the California Arbitration Act.

9.7 Incorporation of Subcontracts
The City must ensure that any contract entered into in connection with performance of the work under this Agreement includes provisions equivalent to this Article 9.

ARTICLE 10. MISCELLANEOUS

10.1 Force Majeure
No Party may bring a claim for a breach of obligations under this Agreement by the other Party or incur any liability to the other Party for any losses or damages incurred by that other Party if a Force Majeure Event occurs and the affected Party is prevented from carrying out its obligations by that Force Majeure Event.

During the continuation of any Force Majeure Event, the affected Party shall be excused from performing those of its obligations directly affected by such Force Majeure Event provided that the occurrence or continuation of any Force Majeure Event shall not excuse any Party from performing any payment obligations contemplated under this Agreement. If a Force Majeure Event occurs, the City agrees, if requested by LACMTA pursuant to Section 2.3 (Work Orders), and if deemed possible and feasible by the City (acting reasonably), to accelerate the performance of its obligations under this Agreement and any Work Order to

EXECUTION VERSION
23 mitigate any delay arising from the Force Majeure Event provided that LACMTA agrees to reimburse the City for the incremental actual Costs of such acceleration.

10.2 Existing Agreements
This Agreement does not negate or otherwise modify any existing easements, licenses or other use and/or occupancy agreements between the Parties or to which LACMTA has become or does become a successor either by assignment or by operation of law.

10.3 Audit and Inspection; Maintenance of Records
(a) Audit and Inspection. For the period commencing on the Effective Date and ending on the date falling three years after the end of the Term, each Party will have such rights to review and audit the other Party and its books, records and documents as may be deemed necessary for the purposes of verifying compliance with this Agreement, Applicable Law and the City Standards. All such reviews and audits shall be performed during normal business hours, and without charge. Each Party represents and warrants the completeness and accuracy in all material respects of all information it or its agents provide in connection with any audit by the other Party. If an audit shows that a financial adjustment is required, the Parties will use good faith efforts to agree to such adjustment. Examination of a document or record during one review and audit shall not preclude further re-examination of such document or record in a subsequent review and audit. The Parties must ensure that any contract entered into in connection with performance of the work under this Agreement contains provisions acknowledging the rights of the City or LACMTA (as applicable) under this Section 10.3(a). (b) Maintenance of Records. The City shall (and shall ensure that any City Contractor will) keep and maintain its books, records, and documents related to performance of the work under this Agreement (including all Costs incurred) for three years after the end of the Term; except that, all records that relate to Disputes being processed or actions brought under this Agreement must be retained and made available until any later date that such Disputes and actions are finally resolved. The City reserves the right to assert exemptions from disclosure of information that would be exempt under Applicable Law from disclosure or introduction into evidence in legal actions.

10.4 Notices
(a) Each Notice under this Agreement must be in writing and: (i) delivered personally; (ii) sent by certified mail, return receipt requested; (iii) sent by a recognized overnight mail or courier service, with delivery receipt requested; or (iv) sent by email communication followed by a hard copy delivered within two business days, to the following addresses (or to such other address as may from time to time be specified in writing by such person):

To the City:

City Manager (or designee)
City of Pico Rivera
6615 Passons Boulevard
Pico Rivera, CA 90660
Facsimile No.: ____________________
Attn: Steve Carmona
With a copy to:

City Attorney
City of Pico Rivera
Alvarez-Glasman & Colvin
13181 Crossroads Pkwy North, Suite 400 – West Tower
City of Industry, CA 91746
Facsimile No.: 562.692.2244

EXECUTION VERSION
24 Attn: Arnold M. Alvarez-Glasman
With a copy to:

Director of Public Works (and/or the City Engineer)
City of Pico Rivera
6615 Passons Boulevard
Pico Rivera, CA 90660
Facsimile No.: __________________
Attn: Noe Negrete
To LACMTA:

Chief Program Manager
Los Angeles County Metropolitan Transportation Authority One Gateway Plaza, 16th Floor
Los Angeles, California 90012
Facsimile No.: (213) 922-7382
Attn: Eduardo Cervantes or Ferdinand Chan, Third Party Administration With a copy to:

Program Management
Los Angeles County Metropolitan Transportation Authority One Gateway Plaza
Los Angeles, CA 90012
Facsimile No.: (213) 922-7447
Attn: Mohammed Nasim, Project Manager
With a copy to:

County Counsel
Los Angeles County Metropolitan Transportation Authority One Gateway Plaza, 24th Floor
Los Angeles, CA 90012
Facsimile No.: (213) 922-7447
Attn: Elena Eggers, Senior Deputy County Counsel
With a copy to:

Metro Real Estate
Los Angeles County Metropolitan Transportation Authority One Gateway Plaza, 22nd Floor – Real Estate
Los Angeles, CA 90012
Facsimile No.: (213) 922-7447
Attn: Holly Rockwell, Senior Executive Officer
(b) Any Notice sent personally will be deemed delivered upon receipt, and any Notice sent by mail or courier service will be deemed delivered on the date of receipt or on the date receipt at the appropriate address is refused, as shown on the records of the U.S. Postal Service, courier service or other person making the delivery, and any Notice sent by email communication will be deemed delivered on the date of receipt as shown on the received email transmission (provided the hard copy is also delivered pursuant to Section 10.4(a)). All Notices (including by email communication) delivered after 5:00 p.m. PST will be deemed delivered on the first day following delivery that is not a Saturday, Sunday, or federal public holiday.

10.5 Assignment; Successors and Assigns

EXECUTION VERSION
25 A Party cannot assign, novate, or otherwise transfer any of its rights or obligations under this Agreement without the prior consent of the other Party unless this Agreement expressly provides otherwise. This Agreement is binding upon and will inure to the benefit of the Parties and their respective successors and permitted assigns.

10.6 Waiver
(a) No waiver of any term, covenant, or condition of this Agreement will be valid unless in writing and executed by the obligee Party.
(b) Either Party's waiver of any breach or failure to enforce any of the terms, covenants, conditions, or other provisions of this Agreement at any time will not in any way limit or waive that Party's right to subsequently enforce or compel strict compliance with every term, covenant, condition, or other provision of this Agreement, despite any course of dealing or custom of the trade (other than the waived breach or failure in accordance with the provisions of such waivers).

10.7 Amendments
This Agreement can only be amended or replaced by a written instrument duly executed by the Parties.

10.8 Governing Law and Jurisdiction
This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California. The rights and remedies of the Parties for default in performance of this Agreement or any Work Order are in addition to any other rights or remedies provided by law.

10.9 Severability
If any provision of this Agreement is ruled invalid by a court having proper jurisdiction, such invalidity or unenforceability will not affect the validity or enforceability of the balance of this Agreement, which will be construed and enforced as if this Agreement did not contain such invalid or unenforceable clause, provision, Article, Section, subsection or part.

10.10 Counterparts
This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.

10.11 Limitation on Third-Party Beneficiaries
Nothing contained in this Agreement is intended or will be construed as creating or conferring any rights, benefits or remedies upon, or creating any obligations of the Parties toward, any person not a Party to this Agreement.

10.12 Survival
The representations, warranties, indemnities, waivers and any express obligations of the Parties following termination, set out in this Agreement shall survive the expiration or termination, for any reason, of this Agreement.

10.13 Approvals; Further Documents and Actions
(a) Any Approval required or permitted to be given by any Party pursuant to this Agreement or any Work Order shall:
(i) be in writing to be effective (except if deemed granted pursuant to this Agreement);

EXECUTION VERSION
26 (ii) not be unreasonably withheld, conditioned or delayed; and if Approval is withheld, such withholding shall be in writing and shall state with specificity the reasons for withholding such Approval, and every effort shall be made to identify with as much detail as possible the changes or actions that are required for Approval; and
(iii) be deemed granted if no response is provided to the Party requesting an Approval within the time period prescribed by this Agreement or the applicable Work Order or if no time is prescribed by this Agreement or the applicable Work Order, within 30 Days, in each case commencing upon actual receipt by the Party from which an Approval is requested or required, of a request for Approval from the requesting Party.
(b) The Parties agree to execute such further documents, agreements, instruments and notices, and to take such further actions, as may be reasonably necessary or appropriate to give effect to the transactions contemplated by this Agreement.

ARTICLE 11. DEFINITIONS AND INTERPRETATION

11.1 Definitions
Unless the context otherwise requires, capitalized terms and acronyms used in this Agreement have the meanings given in this Section 11.1.
"3% Contribution" means the three percent contribution local jurisdictions are required to pay towards the cost of a major Measure M rail project, as defined in Recital D. "3% Local Funding Contribution Credit" has the meaning given in Recital D. "Abandon" means the permanent termination of service, or the removal of an existing facility or portion of it. "ACE Design Documentation" means the Design Documentation prepared as part of the Advanced Conceptual Engineering phase of the Design process.
"ADA" means the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. "Adjacent Work" means any removal, demolition, repair, restoration, relocation or reconstruction of existing facilities and/or construction of new facilities and/or other physical works by the City or a third party: (a) that is performed or to be performed within 100 feet of the Project Site; or the performance of which has the potential to pose a safety hazard, or impact, disrupt, delay or conflict with the Design, Construction, operation or maintenance of, or threaten the structural integrity of, the City Portion; and (b) in the case of works performed or to be performed by a third party, of which the City is aware or ought to be aware. "Advanced Conceptual Engineering" or "ACE" means the phase of the Design process that advances the project scope from a conceptual state to a level of schematic design that describes the project's technical and architectural approach in order to address environmental and community impacts, significant interfaces and operational characteristics to support environmental approvals. The plan percentage complete ranges generally from the initiation of Design (0%) to 15%.
"Agreement" means this agreement and any schedules, exhibits, attachments and annexures to it. "Annual Work Plan" or "AWP" means an estimate of the City’s Costs and resources needed to perform anticipated work during any given LACMTA Fiscal Year. Such estimate is prepared and agreed to by the Parties on an annual basis in accordance with Section 2.2 (Annual Work Plan). "Applicable Law" means any statute, law, code, regulation, ordinance, rule, common law, judgment, judicial or administrative order, decree, directive, or other requirement having the force of law or other governmental restriction (including those resulting from the initiative or referendum process) or any similar form of decision of or determination by, or any interpretation or administration of any of the foregoing by, any Governmental

EXECUTION VERSION
27 Entity which is applicable to the City Portion, Rearrangements, any work performed under this Agreement or any relevant person, whether taking effect before or after the date of this Agreement. Applicable Law excludes Governmental Approvals, customs, duties and tariffs.
"Approval" means any acceptance, approval, consent, permission, satisfaction, agreement, authorization or any other like action required or permitted to be given by any Party pursuant to this Agreement or any Work Order.
"Basis of Design" means, with respect to a Rearrangement, the scope, criteria, specifications and requirements (including requirements of the Final Environmental Documents) for those Rearrangements agreed by the Parties as at the date of issuance by LACMTA of Procurement Documents for the Design of the Rearrangement.
"Betterment" means work performed in connection with any Rearrangement or as part of a Rearrangement:
(a) comprising an upgrade, change or addition to a City Facility (or a part of a City Facility) requested by the City that provides for greater capacity, capability, durability, appearance, efficiency or function or other upgrades of that City Facility over that which was provided by the City Facility prior to the Rearrangement; or
(b) for which the City Standards applicable to that Rearrangement are changed or added to after the establishment of the Basis of Design for that Rearrangement.

The term "Betterment" shall exclude:
(i) an upgrade, which the Parties agree, will be of direct and principal benefit to the construction, operation and/or maintenance of the ESP2 Project;
(ii) an upgrade resulting from Design or Construction in accordance with the applicable City Standards as set out in EXHIBIT 6 (Design Requirements) and any changes or additions to those City Standards notified to LACMTA prior to the establishment of the Basis of Design for the Rearrangement and that have not been adopted by the City in breach of Section 3.5(a) (City Standards);
(iii) measures to mitigate environmental impacts identified in the ESP2 Project's Final Environmental Documents and any supplemental environmental reports for the ESP2 Project. (iv) replacement of devices or materials no longer regularly manufactured with the next highest grade or size; and
(v) an upgrade that is the consequence of changes made by LACMTA or an LACMTA Contractor after the establishment of the Basis of Design.
"Board" means the Board of Directors for the Los Angeles County Metropolitan Transportation Authority. "City" means the City of Pico Rivera. "City" shall also refer to any City-owned or operated "water" and/or "power" departments.
"City Betterment Request" means a Notice from the City to LACMTA requesting a Betterment in accordance with Article 5 (Betterments) and in the form set out in Part B (City Betterment Request Form) of EXHIBIT 11 (Forms).
"City Construction Work" means any Construction work activities performed or to be performed by the City or a City Contractor pursuant to a Work Order.
"City Contractor" means any contractor, consultant, tradesperson, supplier or other person engaged or authorized by the City to perform any Adjacent Work, City Design Work, City Construction Work or any other

EXECUTION VERSION
28 work to be performed by the City under the provisions of this Agreement or otherwise on or about the Project Site, but excluding LACMTA and LACMTA Contractors.
"City Design Work" means any Design work activities performed or to be performed by the City or a City Contractor pursuant to a Work Order.
"City Facility" means real or personal property located within or near the City Portion, such as structures, improvements, and other properties, which are under the ownership or operating jurisdiction of the City, and shall include, but not be limited to, public streets (any classification), highways, bridges, retaining walls, pedestrian and utility tunnels, alleys, storm drains, sanitary sewers, survey monuments, parking lots, parks, public landscaping and trees, traffic control devices, lighting and communications equipment (cameras, sensors, LTE, microwave receivers, etc.) and public buildings, police and fire department related improvements, as well as any dams or water storage tanks, systems, and appurtenances. City-owned airport and harbor facilities are not included in this definition. "City Inspector" means the City’s designated individual or individuals responsible for overseeing and enforcing plan and code requirements during construction of the Rearrangements in the City Portion. "City Maintenance Work" means any maintenance work activities performed or to be performed by the City or a City Contractor pursuant to a Work Order or under the provisions of this Agreement. "City Municipal Code" means City of Pico Rivera Municipal Code. "City-Performed Project Work" means any Design work and/or Construction work with respect to the City Portion of the ESP2 Project performed by the City at the request of LACMTA. "City Portion" means that portion of the ESP2 Project that will pass in, on, under, over or along public streets, highways, bridges, parks and other public right-of-way within the City, as shown in Part B (City Portion) of EXHIBIT 3 (Project Site).
"City Representative" means an individual or individuals designated by the City to represent the City on matters relating to this Agreement and authorized to make decisions and bind the City on matters relating to this Agreement.
"City Standards" means the City design standards, specifications, and/or ordinances that govern the design, of all Rearrangements, as specified in EXHIBIT 6 (Design Requirements) or adopted by the City and notified to LACMTA in accordance with Section 3.5 (City Standards). "Compliance Comment" means a comment on, objection to or the withholding of Approval to an LACMTA Submittal on the basis of one or more of the following:
(a) the LACMTA Submittal or Design work or Construction work that is the subject of the LACMTA Submittal fails to comply with (or is reasonably likely to fail to comply if implemented in accordance with the LACMTA Submittal) any applicable covenant, condition, requirement, term or provision of this Agreement; or
(b) LACMTA (or the LACMTA Contractor) has not provided all content or information required with respect to the LACMTA Submittal.
"Conflicting Facility" means an existing facility, which the Parties determine requires Rearrangement in order to construct, operate or maintain the ESP2 Project. "Construction" means all construction activities related to the City Portion that are necessary to build, operate and maintain the ESP2 Project including the removal, demolition, replacement, restoration, alteration or realignment of existing facilities, and the procurement, installation, inspection, and testing of new facilities including temporary and permanent materials, equipment, systems, software, and any components of such permanent materials, systems and software.

EXECUTION VERSION
29 "Construction Phase" means the phase of the ESP2 Project that involves build-out and Construction of the City Portion including the steps and activities described in EXHIBIT 2 (Project Phases and Project Schedule). "Cost" means all eligible direct and indirect costs actually incurred for activities or work performed, equipment utilized, or materials acquired in accordance with the provisions of this Agreement, less any credits due to LACMTA as provided in Article 7 (Reimbursement and Credits) where:
(a) eligible direct costs include allowable direct labor costs, equipment and materials costs, and storage and transportation costs of materials salvaged for the City's use in performing the applicable work; (b) eligible indirect costs shall be computed based upon the indirect cost rates approved annually for the City by its cognizant agency, and as noted on the Form 60, for allocation to federally funded or statefunded contracts; and (c) unless the Internal Revenue Service and the CPUC issue regulations or rulings to the contrary, the eligible direct and indirect costs shall not include taxes purportedly arising or resulting from LACMTA's payments to the City under this Agreement.
"CPUC" means the California Public Utilities Commission. "Days" means, unless otherwise stated and whether or not capitalized, calendar days. "Design" means all activities related to the design, redesign, engineering or architecture of any Construction work.
"Design Development" means the phase of the Design process that occurs after Advanced Conceptual Engineering and that develops, on a progressive basis, a clear indication of the design solutions for the applicable requirements and the major features of the architectural and structural design and third-party interfaces that are intended to form the basis for the Final Design. "Design Documentation" means all drawings (including plans, profiles, cross-sections, notes, elevations, typical sections, details and diagrams), specifications, reports, studies, working drawings, shop drawings, calculations, electronic files, records and submittals necessary for, or related to, the design of the Rearrangements.
"Design Phase" means the phase of the ESP2 Project that involves Design Development through Final Design, including Design reviews performed in accordance with this Agreement and the other steps and activities described in Part A (Phases) of EXHIBIT 2 (Project Phases and Project Schedule). "Dispute" means a dispute or difference arising under, out of or in connection with or relating to this Agreement, including any question regarding its existence, validity or termination. "Early Involvement Procedures" means the procedures where the Parties exchange information, participate in coordination meetings, and perform the other steps and activities prior to the release of Procurement Documents set out in Section 2.10 (Early Involvement Procedures) and Part A (Early Involvement) of EXHIBIT 13 (Early Involvement).
"Effective Date" means the date stated as such on the first page of this Agreement, which shall be the date when this Agreement has been fully executed on behalf of the City and LACMTA. "Engineer of Record" means the individual, firm or entity that performs the Design, imprints the engineer's/architect's seal on the drawings, and is responsible and liable for the Final Design. "ESP2 Project" means the Design, Construction, operation, and maintenance of the extension of the Metro E (Gold) Line light rail line known as the Eastside Transit Corridor Phase 2 Project, as more fully described in EXHIBIT 1 (Project Description).

EXECUTION VERSION
30 "Expired Service Life Value" means the amount determined by the Parties during Design Development based upon estimates provided by the City of the depreciated value of the Conflicting Facility (calculated by multiplying the cost of the Replacement Facility by a fraction, the numerator of which is the age of the Conflicting Facility and the denominator of which is the estimated overall service life of the Conflicting Facility). "Final Acceptance" means acceptance that all work for a Rearrangement is complete and all other requirements for completion described under Section 4.1 (Statement of Final Completion) of EXHIBIT 9 (Inspection and Acceptance Procedure) have been satisfied. "Final Design" means the phase of the Design process which provides the detailed Design for all temporary and permanent project facilities and addresses and resolves all Design review Compliance Comments, and finalizes all engineering, architectural and systems Designs necessary for Construction. It ends with an Approved-for-Construction (AFC) plan status and with the Design being signed and sealed by the "Engineer of Record".
"Final Environmental Documents" means the final impact reports, statements, assessments and approvals for the ESP2 Project completed pursuant to the California Environmental Quality Act (CEQA) and/or National Environmental Policy Act (NEPA) (as applicable).
"Final Inspection Correction List" means a list of corrections required to satisfy the requirements for Final Acceptance of a Rearrangement in accordance with the terms of this Agreement. "Force Majeure Event" means the occurrence of any of the following events after the date of this Agreement that directly causes either Party (the "affected Party") to be unable to comply with all or a material part of its obligations under this Agreement:
(a) war, civil war, invasion, violent act of foreign enemy or armed conflict or any act of terrorism; (b) nuclear, chemical or biological contamination unless the source or cause of the contamination is brought to or near the Project Site by the affected Party; (c) ionizing radiation unless the source or cause of the ionizing radiation is brought to or near the Project Site by the affected Party;
(d) any fire, explosion, unusually adverse weather, flood or earthquakes; (e) any named windstorm and ensuing storm surges, including the direct action of wind originating from a named windstorm;
(f) any riot or civil commotion;
(g) any blockade or embargo;
(h) epidemic, pandemic or quarantine; or
(i) any official or unofficial strike, lockout, go-slow or other dispute, generally affecting the construction industry or a significant sector of it,
except, in each case, to the extent attributable to any breach of this Agreement or Applicable Law by, or any negligent act or negligent omission of, the affected Party. "Form 60" means Form 60 (Professional Services Cost/Price Summary) in the form attached as Part A (Form 60) of EXHIBIT 11 (Forms).
"Governmental Approval" means any approval, authorization, certification, consent, license, permit, registration or ruling, issued by any Governmental Entity required to carry out the Rearrangements, the City Portion or any other work to be performed under the provisions of this Agreement.

EXECUTION VERSION
31 "Governmental Entity" means any federal, state, or local government and any political subdivision or any governmental, quasi-governmental, judicial, public or statutory instrumentality, administrative agency, authority, body or entity (including the California Department of Transportation, CPUC and United States Army Corps of Engineers) other than the Parties.
"LACMTA" means the Los Angeles County Metropolitan Transportation Authority. "LACMTA Contract" means any contract, subcontract or other form of agreement between LACMTA and an LACMTA Contractor or between an LACMTA Contractor and its lower tier subcontractor. "LACMTA Contractor" means any contractor, consultant, tradesperson, supplier, private developer, employee, member of staff, engineer, architect, agent, operator, or other person engaged or authorized by LACMTA to carry out works with respect to the City Portion, any Rearrangement or otherwise contemplated under the provisions of this Agreement, and any other person with whom any LACMTA Contractor has further subcontracted part of such works.
"LACMTA Fiscal Year" means each one-year period commencing on July 1 of a calendar year and terminating on June 30 of the following calendar year.
"LACMTA Notice of Potential Betterment" means a Notice from LACMTA to the City notifying the City of a potential Betterment in accordance with Article 5 (Betterments) and in the form set out in Part C (LACMTA Notice of Potential Betterment) of EXHIBIT 11 (Forms).
"LACMTA Representative" means an individual or individuals designated by LACMTA to represent LACMTA on matters relating to this Agreement and authorized to make decisions and bind LACMTA on matters relating to this Agreement.
"LACMTA Submittal Review Period" means, for each LACMTA Submittal, a period of 30 Days from the date of delivery of the LACMTA Submittal to the City under the provisions of this Agreement or such other period as the Parties may agree under the applicable Work Order. "LACMTA Submittals" means:
(a) Design Documentation for a Rearrangement (other than any Design Documentation for which the City is responsible under a Work Order);
(b) Plans for Construction work performed by LACMTA or an LACMTA Contractor within Public Rightsof-Way; and (c) any other documents that LACMTA (or LACMTA Contractor) must submit to the City in accordance with this Agreement.
"Neutral Arbitrator" means a neutral third party qualified to arbitrate with regard to a Dispute. "Notice" means any communication under this Agreement including any notice, consent, approval, request, and demand.
"Operation and Maintenance Phase" means the phase of the ESP2 Project that commences upon operation of passenger service and includes maintenance of the ESP2 Project. "Package" means a collection of Design Documentation submitted by LACMTA or an LACMTA Contractor to the City in accordance with this Agreement.
"Parties" means collectively the City and LACMTA, and each a "Party". "Permit Notification" means a blanket Permitting Process and Waiver of Certain Permit Fees issued by the City.

EXECUTION VERSION
32 "Planning and Advanced Conceptual Engineering Phase" means the phase of the ESP2 Project that involves preparation of the draft environmental documents, certification of the Final Environmental Documents (as applicable), preparation of Advanced Conceptual Engineering, preparation of the contracting and procurement plan, and other steps and activities set out in EXHIBIT 13 (Early Involvement). "Preliminary Projections" means information regarding the scope of activities and services LACMTA anticipates to request from the City during the upcoming LACMTA Fiscal Year to support the ESP2 Project, including the estimated start and finish dates for the anticipated scope of activities and services. "Procurement Documents" means, with respect to a Rearrangement, any advertisement, request for proposal, invitation for bid, or other procurement documents issued or to be issued by LACMTA with respect to the Design and/or Construction of that Rearrangement or a part of the scope for that Rearrangement, including the form of LACMTA Contract and any other documents enclosed with or attached to the request for proposal, invitation for bid, or other procurement document. The term "Procurement Documents" for the purposes of this Agreement shall not include any request for qualification in a two-step procurement process or LACMTA's pre-qualification documents.
"Project Definition" means the scope of Rearrangements and the City Standards applicable to Rearrangements to be performed as part of the ESP2 Project, in the form set out in Part C (Form of Project Definition) of EXHIBIT 13 (Early Involvement) to be agreed or as agreed by the Parties at the end of the Planning and Advanced Conceptual Engineering Phase for the ESP2 Project, and in any case prior to issuance of Procurement Documents for design of the Rearrangements. "Project Meeting" means any meeting, working session, working group meeting, workshop, over-theshoulder review meeting, or other meeting convened by LACMTA or an LACMTA Contractor for the purposes of providing a non-binding forum for LACMTA, the LACMTA Contractor and other attendees to monitor the progress of the ESP2 Project, to consider issues, potential issues, and to present, understand and discuss proposed solutions with respect to the ESP2 Project as described Section 2.1(e) (Governance). "Project Right-of-Way" means the permanent right-of-way for the ESP2 Project, as identified in Part A (ESP2 Project Site) of EXHIBIT 3 (Project Site), or as notified by LACMTA to the City and compliant with the ESP2 Project's Final Environmental Documents and any supplemental environmental reports for the ESP2 Project.
"Project Schedule" means the schedule for the ESP2 Project including the City Portion set out in Part B (Project Schedule) of EXHIBIT 2 (Project Phases and Project Schedule), as may be updated in the Project Definition or otherwise notified by LACMTA in accordance with this Agreement. "Project Site" means, collectively, the Project Right-of-Way and each temporary construction easement for the ESP2 Project, as identified in Part A (ESP2 Project Site) of EXHIBIT 3 (Project Site), as may be updated in the Project Definition or otherwise notified by LACMTA in accordance with this Agreement. "Public Rights-of-Way" means the public streets, highways, bridges, parks and other public lands or properties within the City.
"Punch List" means, with respect to a Rearrangement (or the applicable part of a Rearrangement), the list of work items that remain to be completed after Substantial Completion as agreed by the Parties and listed in the applicable Statement of Substantial Completion, which shall be limited to minor incidental items of work necessary to correct imperfections which would not prevent the safe use or operation of the Rearrangement (or applicable part of the Rearrangement) in accordance with the requirements under this Agreement. "Rearrangement" means the work of:
(a) removal, replacement, restoration, alteration, reconstruction, support, or relocation of all or a portion of a Conflicting Facility, whether permanent or temporary, which LACMTA determines in its sole discretion is necessary in order for the ESP2 Project to comply with Applicable Law or otherwise

EXECUTION VERSION
33 which the Parties mutually agree is necessary in order to construct, operate or maintain the ESP2 Project.
(b) the installation of new and required City Facilities which LACMTA determines in its sole discretion is necessary in order for the ESP2 Project to comply with Applicable Law or otherwise which the Parties mutually agree is necessary as a result of the impact of the construction of the ESP2 Project. "Replacement Facility" means a facility which may be constructed or provided under this Agreement as a consequence of the Rearrangement of a Conflicting Facility or a part of it. "Statement of Final Acceptance" means the formal written acknowledgment from the City to LACMTA that Final Acceptance of a Rearrangement has been achieved.
"Statement of Substantial Completion" means the formal written acknowledgement from the City to LACMTA that Substantial Completion of a Rearrangement has been achieved. "Substantial Completion" means completion of the work for a Rearrangement or applicable part of a Rearrangement (except for Punch List items or outstanding work that is otherwise only required to be performed under this Agreement for the purposes of achieving Final Acceptance), such that the Rearrangement (or applicable part of the Rearrangement) is ready for handover to the City, as more fully described in Section 5 (Responsibility to Complete Work) of EXHIBIT 9 (Inspection and Acceptance Procedure).
"Substantial Completion Correction List" means a list of the corrections required to satisfy the requirements for Substantial Completion of a Rearrangement (or part of a Rearrangement) in accordance with the terms of this Agreement.
"Temporary Facilities" means a facility constructed for the purpose of ensuring continued service while an existing facility is taken out of full or partial service for permanent Rearrangement, and/or any work on an existing facility which will be removed or restored to its original condition after such Construction activities are completed.
"Term" means the duration between the date the Agreement was fully executed by the Parties and the first date of passenger service.
"Traffic Control and Lighting Work" means the removal and reinstallation, modification of existing, or installation of new traffic control devices or lighting systems. "Traffic Management Plan" or "TMP" means a plan that addresses traffic control requirements in construction areas through a worksite traffic control plan and along detour routes through a traffic circulation plan.
"Utility" means a privately, publicly, or cooperatively owned line, facility, or system (including municipal or government lines, facilities, and systems) for transmitting or distributing communications, cable television, power, electricity, gas, oil, crude products, water, steam, waste, or any other similar item, including any fire or police signal, traffic signal, streetlight, or other systems associated with any publicly-owned roadways. "Utility Adjustment" means a relocation (temporary or permanent), abandonment, protection-in-place, removal (of previously abandoned Utilities as well as of newly abandoned Utilities), replacement, reinstallation, rearrangement, or modification of an existing Utility necessary to effect a condition equal to the existing Utility facilities, excluding any Betterments. "Utility Conflict" means an existing Utility which LACMTA determines requires a Utility Adjustment in order to construct, operate or maintain the ESP2 Project in compliance with the Final Environmental Documents and, subject to Section 2.5(a) (Permits), and Applicable Law.

EXECUTION VERSION
34 "Work Order" means a work request submitted by LACMTA to the City authorizing the performance of any work associated with the ESP2 Project and the associated purchase of required materials.

11.2 Interpretation
(a) In this Agreement unless otherwise expressly stated:
(i) headings are for convenience only and do not affect interpretation; (ii) a reference to this Agreement or any other agreement, instrument, or document is to this Agreement or such other agreement, instrument, or document as amended or supplemented from time to time;
(iii) a reference to this Agreement or any other agreement includes all exhibits, schedules, forms, appendices, addenda, attachments, or other documents attached to or otherwise expressly incorporated in this Agreement or any such other agreement (as applicable); (iv) subject to Section 11.2(a)(v), a reference to an Article, Section, subsection, clause, Exhibit, schedule, form or appendix is to the Article, Section, subsection, clause, Exhibit, schedule, form, or appendix in or attached to this Agreement;
(v) a reference in the main body of this Agreement, or in an Exhibit, to an Article, Section, subsection, or clause is to the Article, Section, subsection, or clause of the main body of this Agreement, or of that Exhibit (as applicable);
(vi) a reference to a person includes such person's permitted successors and assigns; (vii) a reference to a singular word includes the plural and vice versa (as the context may require); (viii) the words "including", "includes" and "include" mean "including, without limitation", "includes, without limitation" and "include, without limitation", respectively and the word "or" is not exclusive;
(ix) an obligation to do something "promptly" means an obligation to do so as soon as the circumstances permit, avoiding any delay and "shall" when stated is to be considered mandatory; and
(x) in the computation of periods of time from a specified date to a later specified date, the word "from" means "from and including" and the words "to" and "until" mean "to and including". (b) This Agreement is not to be interpreted or construed against the interests of a Party merely because that Party proposed this Agreement or some provision of it, or because that Party relies on a provision of this Agreement to protect itself.

EXECUTION VERSION
35 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the Effective Date.

APPROVED AS TO FORM

DAWYN R HARRISON,
County Counsel
By:_________________________
Elena Eggers
Senior Deputy County Counsel
"LACMTA"

THE LOS ANGELES COUNTY METROPOLITAN
TRANSPORTATION AUTHORITY, a California county
transportation authority existing under the Authority of §§ 130050.2 et seq. of the California Public Utilities
Code
By: ____________________________
Name: ____________________________
Title: _______________________________

APPROVED AS TO FORM
_________________________,
City Attorney
By:_________________________
Name: Arnold M. Alvarez-Glasman
City Attorney
ATTEST
By:_______________________
Name: Cynthia Ayala
City Clerk
"CITY"

CITY OF PICO RIVERA,
a California municipal corporation
By: _____________________________
Name: Steve Carmona
Title: City Manager (or designee)

EXECUTION VERSION
36 EXHIBIT 1 – PROJECT DESCRIPTION
The ESP2 Project is a contemplated extension of the E (Gold) Line light rail transit line that will extend services from the current terminus at the Atlantic Station in the unincorporated community of East Los Angeles to the city of Whittier within the Gateway Cities subregion of Los Angeles County. The ESP2 Project would extend the existing E (Gold) Line approximately 9.0 miles and include seven new stations and a maintenance and storage facility. The extension would serve the cities of Commerce, Montebello, Pico Rivera, Santa Fe Springs and Whittier, and the unincorporated communities of East Los Angeles and West Whittier-Los Nietos.

As of the date of this Agreement, LACMTA contemplates the ESP2 Project occurring in multiple phases. In December 2022, the LACMTA Board selected an initial operating segment to Greenwood (Atlantic/Pomona Station to Greenwood Station) as the locally preferred alternative with an open-air underground station at the Atlantic/Pomona station, underground stations at Atlantic/Whitter and the Citadel, at-grade guideway in Montebello including the at-grade Greenwood Station and the Montebello Maintenance Storage Facility. The LACMTA Board also approved environmentally clearing through CEQA the full project alignment to Whittier with a terminus at Lambert Station, confirming the LACMTA Board's commitment to the eventual buildout of the ESP2 Project to Whittier. In order to access potential additional funding sources at a federal level, LACMTA will also proceed into the NEPA process.

The ESP2 Project will provide improved and reliable transit service to meet the mobility needs of residents, employees, and visitors who travel within the corridor. In addition to advancing the goals of LACMTA’s Vision 2028 Strategic Plan, objectives of the ESP2 Project include:

1. Enhance regional connectivity and air quality goals by extending the existing Metro E (Gold) Line further east from the East Los Angeles terminus.

2. Provide mobility options to increase accessibility and convenience to and from eastern Los Angeles County.

3. Improve transit access to activity centers and employment within eastern Los Angeles County that would be served by the ESP2 Project.

4. Accommodate future transportation demand resulting from increased population and employment growth.

5. Enable jurisdictions in eastern Los Angeles County to address their transit-oriented community goals, and provide equitable development opportunities.

6. Improve accessibility and connectivity to transit-dependent communities.

EXECUTION VERSION
37 EXHIBIT 2 – PROJECT PHASES AND PROJECT SCHEDULE
Part A: Phases
As of the date of this Agreement, the phasing and time periods for the ESP2 Project are anticipated to be as set out in this Part A. The phases described in this Part A may overlap and the time periods are subject to change.

PHASE KEY ACTIVITIES
Planning and
Advanced Conceptual
Engineering Phase
Key activities include:
• Preparation of the draft environmental documents
• Certification of the Final Environmental Documents (as applicable) • Preparation of Advanced Conceptual Engineering
• Preparation of the contracting and procurement plan
Design Phase Key activities include:
• Agreement by the Parties on Design and/or Construction work to be performed by the City (including any City-Performed Project Work and Adjacent Work) in accordance with Sections 3.1(b) (Design Responsibilities) and 4.1(b) (Construction Responsibilities) of this Agreement
• Procurement of LACMTA Contractor to deliver the ESP2 Project • Development of Engineering and Final Design by LACMTA and its Contractor • Design review and support services provided by the City in accordance with this Agreement
Construction Phase Key activities include:
• Construction of the ESP2 Project (including any Rearrangements and Utility Adjustments)
• Inspection, Substantial Completion, and Final Acceptance Operation and
Maintenance Phase
Key activities include:
• Operation of passenger service
• Maintenance of the ESP2 Project
Part B: Project Schedule
As notified by LACMTA to the City or otherwise incorporated in an amendment to this Agreement.

EXECUTION VERSION
38 EXHIBIT 3 – PROJECT SITE
Part A: ESP2 Project Site
Part B: City Portion
The drawing depicting the City Portion will be as notified by LACMTA to the City or otherwise incorporated in an amendment to this Agreement.

EXECUTION VERSION
39 EXHIBIT 4 – ROLES AND RESPONSIBILITIES
Part A: LACMTA Representative and City Representative
The initial designations of the LACMTA Representative and City Representative are as follows:

LACMTA Representative LACMTA Chief Program Management Officer or such other person, or the holder of a specified office or position, specified, from time to time, by LACMTA’s Chief
Executive Officer, or his/her designee
City Representative City Manager or his/her designee
Part B: Summary of Key Roles and Responsibilities
Phase LACMTA / LACMTA Contractors City
General Performing all LACMTA obligations under
this Agreement and ensuring that LACMTA
Contractors comply with the provisions of
this Agreement
Performing all City obligations under this
Agreement and ensuring that City Contractors
comply with the provisions of this Agreement
Planning and
Advanced
Conceptual
Engineering
Phase
Managing the planning process and
preparing environmental documents
including the Final Environmental
Documents (as applicable)
Preparing Advanced Conceptual
Engineering for the ESP2 Project
Preparing the contracting and procurement
plan for the ESP2 Project
Providing support and assistance to LACMTA in
obtaining Governmental Approvals and dealing
with other third parties with respect to the City
Portion
Design Phase Discussing and identifying any Design
and/or Construction work to be performed
by the City (including any City-Performed
Project Work and/or Adjacent Work)
Preparing Procurement Documents and
managing the procurement of LACMTA
Contractors for the Design and
Construction work
Preparing and submitting Designs for the
City Portion to the City for review and
Approval to the extent required by this
Agreement
Acquiring Right-of-Way as required for the
ESP2 Project
Monitoring performance of LACMTA
Contractors
Discussing and identifying any Design and/or
Construction work to be performed by the City
(including any City-Performed Project Work
and/or Adjacent Work)
Continuing to provide support and assistance to
LACMTA in obtaining Governmental Approvals
and dealing with other third parties with respect
to the City Portion
Reviewing and approving Designs for the City
Portion submitted to the City
Performing other Design-related obligations
under any Work Orders
Providing assistance to LACMTA in procuring
any right-of-way necessary for the City Portion
to the extent set out in this Agreement
Construction
Phase
Performing the Construction Work in
accordance with the Final Designs,
LACMTA Contract, and other requirements,
and provisions of this Agreement
Performing Construction-related obligations
under any Work Orders

EXECUTION VERSION
40 Phase LACMTA / LACMTA Contractors City
Performing inspection on the construction
of Rearrangements within Public Right-ofWay in the City Portion Monitoring performance of LACMTA
Contractors
Performing inspection on the construction of
Rearrangements within Public Right-of-Way in
the City Portion
Coordinating Adjacent Work, City Construction
Work and City Maintenance Work
Operation and
Maintenance
Phase
Operating and maintaining the ESP2
Project, including performing any operation
and maintenance work allocated to
LACMTA under the provisions of this
Agreement.

Performing any operation and maintenance
work allocated to the City under the provisions
of this Agreement.

Coordinating maintenance work and Adjacent
Work with LACMTA and LACMTA Contractors
Part C: Issue Resolution Ladder and Decision-Making Protocols City Team Partial List of Key Functions for Decision or Approval LACMTA Team City Manager,
Director of Public
Works
Spearhead council approvals.

Level 2 decision makers for the purposes of the issue
resolution ladder described below.

LACMTA Deputy Chief
Planning (until approval of
the Final Environmental
Documents) or LACMTA
Deputy Chief Program
Management (following
approval of the Final
Environmental Documents)
Director of Public
Works, City Engineer
Approve all final Construction plans and related documents as required by this Agreement.

Provide overall leadership in timely resolution of Design, Construction, plan review, and related administrative
matters.

CA Professional Engineer Registration
Level 1 decision makers for the purposes of the issue
resolution ladder described below.

LACMTA Senior Executive
Officer or designated
LACMTA Project Manager
City Public Works
Construction
Department Head or
City designated
Project Manager or
equivalent designated
representative(s)
Provide Construction support as specified in this
Agreement.

Manage assigned resources and coordinate interactions
between the City, LACMTA, and LACMTA Contractors as it
relates to Construction support.

Provide independent quality assurance (IQA) functions
where LACMTA performs work within City Right-of-Way
such as street improvement, signal, lighting, and utility work.

LACMTA designated
Project Manager (Executive
Officer or Deputy Executive
Officer) or designated
Construction Manager
(Deputy Executive Officer
or Senior Director)
City Public Works
Permit Division Head
or equivalent
Oversee and coordinate all plan reviews as specified in this Agreement.

LACMTA designated
Project Engineer (Deputy
Executive Officer or Senior
Director levels), consultant

EXECUTION VERSION
41 City Team Partial List of Key Functions for Decision or Approval LACMTA Team designated
representative(s) Manage and coordinate interaction of the City with LACMTA and LACMTA Contractors as it relates to Design
review and comment resolution.

Provide the necessary coordination in planning,
engineering, technical, analytical and administrative
support services with respect to Design approval including fire/life safety, police/public security, access, transportation engineering, civil and structural engineering, street lighting engineering, drainage, sanitation, landscaping, and related maintenance requirements.

Skilled in change management and expedited approvals.
construction manager, and
LACMTA Third Party
Admin Dept Project Lead
(Civil)
City Traffic Engineer
or equivalent
designated
representative(s)
Approve Traffic Management Plan and all worksite traffic control plans, and any Design Documentation for the Final Design pertaining to both permanent and temporary traffic controls (signals, striping, detours, lane closures, MUTCD restrictions, lighting, etc.).

LACMTA designated
Project Engineer (Deputy
Executive Officer or Senior
Director), consultant
construction manager,
LACMTA Third Party
Admin Dept Project Lead
(Civil) and traffic
engineering consultants
Issue Resolution Ladder
Issues between the Parties that arise with respect to the ESP2 Project under this Agreement that cannot be resolved at the working level will be escalated by the Parties for resolution as follows:

1. If the issue is unresolved at the working level for 20 Days commencing on the date when LACMTA or the City first identifies the issue to the other in a meeting (as documented in meeting minutes), or in an email notification to the other marked "Issue for Resolution" in the subject line and describing the issue or difference and the background to it (together with any supporting information), then on the 21st day:
a. the applicable LACMTA team member described in the table above will escalate the issue to the LACMTA Level 1 decision maker identified in the table above; and b. the applicable City team member described in the table above will escalate the issue to the City Level 1 decision maker identified in the table above,
in each case describing the issue and the background to the issue in a position paper (together with any supporting materials). The Level 1 decision maker from the Parties will then meet within ten Days of being notified of the issue to attempt in good faith to resolve the issue.

2. If the Level 1 decision makers are unable to resolve the issue within ten Days of being notified of the issue:
a. the LACMTA Level 1 decision maker will escalate the issue to LACMTA's Level 2 decision maker identified in the table above; and
b. the City Level 1 decision maker will escalate the issue to the City's Level 2 decision maker identified in the table above,
in each case describing the issue and the background to the issue in a position paper (together with any supporting materials). The Level 2 decision makers from the Parties will then meet within ten Days of being notified of the issue to attempt in good faith to resolve the issue.

EXECUTION VERSION
42 3. If the Level 2 decision makers are unable to resolve the issue within 20 Days of being notified of the issue, then either Party may refer the issue to the dispute resolution procedures under Article 9 (Resolution of Disputes).

Any meetings of the Level 1 or Level 2 decision makers may be held in person or via videoconference or teleconference.

Any resolution of an issue agreed by the Parties will be documented by the Parties in writing, and any amendments to this Agreement agreed by the Parties as part of the resolution will be documented in accordance with Section 10.7 (Amendments) of this Agreement. To the extent that the LACMTA Representative or City Representative is not also a Level 1 or Level 2 decision maker, each Party is responsible for ensuring that its representative is notified of any issue, escalation, and any resolution reached.

EXECUTION VERSION
43 EXHIBIT 5 – UTILITY ADJUSTMENT PROCEDURES
LACMTA and the City will perform the following actions and activities with Utilities that conflict with the City Portion:

1. Identification of Utility Conflicts

1.1 The City will coordinate and cooperate with LACMTA in providing any locational data or other information in its possession regarding the existence and location of Utilities within the City Portion.

1.2 LACMTA will identify Utility Conflicts within the City Portion and deliver a list of the identified Utility Conflicts to the City, including:
(a) City-owned Utilities; and
(b) private Utilities.

The list of identified Utility Conflicts will include the anticipated Utility Adjustment to address each Utility Conflict and a schedule defining when such Utility Adjustments should be performed. The City acknowledges and agrees that identification of Utility Conflicts within the City Portion will be an iterative process and that LACMTA may update the list of identified Utility Conflicts during all phases of the ESP2 Project.

2. Interface with Utility Owner

2.1 Within 20 Days (or any other time period agreed by the Parties) following delivery of a Utility Conflict identification list under Section 1.2 (Identification of Utility Conflicts) of this EXHIBIT 5, for each Utility Conflict that has been identified, the City will:
(a) review any applicable franchise agreement and identify in a Notice to LACMTA (attaching any applicable franchise agreements and any other supporting documentation) the following terms under any applicable franchise agreement:
(i) the process to have the Utility owner perform the required Utility Adjustment (including any Notices to be delivered);
(ii) procedures to obtain further locational data or other information regarding the Utility; (iii) responsibility for Costs for the required Utility Adjustment; (iv) timeframes for the required Utility Adjustment; and (v) constraints or limitations on the City’s ability to exercise its franchise rights for the purposes of Utility Adjustments to address a Utility Conflict within the City Portion; and (b) exercise any rights under any applicable franchise agreement or Applicable Law to obtain locational data and other information regarding the Utilities within the City Portion and shall provide any and all such information received from the Utility owner to LACMTA.

2.2 Within 30 Days (or any other time period agreed by the Parties) of delivery of a Utility Conflict identification list under Section 1.2 (Identification of Utility Conflicts) of this EXHIBIT 5, the Parties will meet to:
(a) review the information provided by the City under Section 2.1 (Interface with Utility Owner) of this EXHIBIT 5 and any comments or questions from LACMTA regarding the terms of each applicable franchise agreement;
(b) consider any real property rights held by LACMTA in the City Portion to be raised and addressed with the Utility owner;

EXECUTION VERSION
44 (c) identify the points-of-contact for LACMTA and City and the applicable Utility owners with conflicting Utilities;
(d) discuss and agree to timing and approach and roles and responsibilities under this Exhibit including identifying:
(i) whether the City will be requested to exercise franchise rights; (ii) if the City will not be requested to exercise its franchise rights, any other cooperation and coordination activities to be performed by the City in accordance with this Agreement.

2.3 Following each such meeting, the Parties will document the agreed timing, approach and roles and responsibilities to be taken in accordance with this EXHIBIT 5 in minutes signed by each Party:
(a) for any Utility Conflicts where the Parties have agreed that the City will exercise its rights under the applicable franchise agreement:
(i) within ten Days of receipt of a written request from LACMTA the City will exercise its franchise rights under the franchise agreement with the applicable Utility owner by sending written Notice to the applicable Utility owner instructing it to relocate or remove the conflicting Utility or perform any other Utility Adjustment at that Utility owner's expense; (ii) the City will request a meeting with each applicable Utility owner to be attended by the Parties, and at each such meeting the City point-of-contact, with the assistance of LACMTA, will lead the Utility Conflict and Utility Adjustment discussions (including schedule expectations in accordance with the ESP2 Project Schedule for the City Portion and Cost reimbursement expectations);
(iii) within the time periods required under the applicable franchise agreement or Applicable Law, the City will coordinate with LACMTA to send any other written notices to the applicable Utility owner, as required under the applicable franchise agreement or Applicable Law in order for the City to exercise its franchise rights or other rights under Applicable Law with respect to the Utility Conflict and required Utility Adjustment;
(iv) within the time periods required under the applicable local, state and/or federal government codes, the City will send all such notices as are required to be submitted for each of the processing steps required by local, state, and federal government codes in order for the City to exercise its franchise rights or other rights under Applicable Law with respect to the Utility Conflict and required Utility Adjustment (including any utility claim letters, record of investigations, draft utility agreements and/or utility certifications); (v) promptly after delivery by LACMTA (and in any case within the time periods required under the applicable franchise agreement or under Applicable Law), the City will submit to each applicable Utility owner any required project plans, Designs, and other relevant documents for the City Portion prepared by LACMTA for that Utility owner's review; (vi) all responses to reviews, comments and other correspondence relating to a Utility Conflict or the exercise of franchise or other City rights in accordance with this Exhibit from Utility owners shall be delivered to the City in accordance with the time periods required under the applicable franchise agreement or under Applicable Law or any more stringent schedule agreed with the Utility owner for the ESP2 Project, with a copy to LACMTA. If a Utility owner fails to provide a copy to LACMTA, the City agrees to forward a copy of such responses, comments or other correspondence to LACMTA within three Days of receipt;
(vii) LACMTA will address any comments received from Utility owners and will submit responses to the Utility owner with a copy to the City. If LACMTA is not permitted to submit responses

EXECUTION VERSION
45 directly to the Utility owner under the terms of the franchise agreement or otherwise under Applicable Law, the City agrees to transmit LACMTA's response to the Utility owner; (viii) for the Utility Adjustments to be performed by that Utility owner, the City shall request that the applicable Utility owner prepare and deliver: (A) 65%, 85% and 100% Designs (or, if Design stages are defined in the applicable franchise agreement, in accordance with the terms of the applicable franchise agreement) including, at a minimum, horizontal design, profiles, shoring, and worksite traffic control plans; and (B) "as-built" drawings in a CAD file format acceptable to LACMTA and to the City showing all Utility Adjustments performed by the Utility owner within 60 Days after completion of such Utility Adjustment work; (ix) the City shall exercise its rights under the terms of the franchise agreement or otherwise under Applicable Law to coordinate the Design of the Utility Adjustment with the Design for the City Portion and ensure that the Design for the Utility Adjustment does not interfere with, disrupt or delay the Design, Construction, operation or maintenance of the City Portion, including ensuring that the Utility owner delivers or the City shall otherwise deliver promptly upon receipt from the Utility owner, copies of all Designs and plans for the Utility Adjustment work to LACMTA and shall give LACMTA the right to review and comment on the Designs and plans for the Utility Adjustment work. Any LACMTA comments to or acceptance or Approval of a Utility owner’s Design under this Exhibit 5 will not relieve the Utility owner or its contractors from professional liability (errors and omissions) as the Design Engineer of Record for any Utility Adjustment performed by the Utility owner or its contractors; and (x) with respect to Design and Construction work for Utility Adjustments that are to be performed by a Utility Owner, the City shall:
(A) enforce the Utility owner's schedule for Design and Construction in accordance with any timelines set out under the terms of the City franchise agreement, Applicable Law or any more stringent schedule agreed with the Utility owner for the ESP2 Project; (B) assist in coordinating the Utility owner's schedule for Construction with LACMTA's ESP2 Project Schedule and shall otherwise require that the Utility owner comply with Section 2.6 (Coordination of Work) of this Agreement with respect to the coordination of the Utility Adjustment work;
(C) ensure all Costs incurred for that Design and Construction work are in conformance with the terms of any applicable franchise agreement or Applicable Law; (D) perform inspections (including surveys) to ensure that all such Utility Adjustments are constructed in accordance with the approved Designs;
(E) invite LACMTA to inspect all such Utility Adjustments together with the City; and (F) if requested by LACMTA, undertake subsequent enforcement actions to enforce its franchise rights with respect to a required Utility Adjustment in the event no action is taken by the applicable Utility owner in response to a notice issued by the City under this EXHIBIT 5. Section 2.7 (Utility Adjustments) of this Agreement will apply with respect to the City’s Costs incurred in taking such enforcement actions; and to the extent that the applicable Utility owner disputes the City’s right to exercise its franchise rights or other rights under Applicable Law with respect to a Utility Adjustment for the City Portion and/or commences any actions or legal proceedings with regard to the same, LACMTA's indemnity in favor of the City under Section 8.1 (Indemnity) of this Agreement will apply. If requested by LACMTA, the City will suspend or withdraw any enforcement or defense of its franchise rights or rights under Applicable Law to require a Utility Adjustment in the City Portion; or

EXECUTION VERSION
46 (b) for any other Utility Conflict, the City will cooperate with and assist LACMTA in performing the necessary steps to ensure that applicable Utility owners implement the Utility Adjustments necessary to address conflicting Utilities that will impact the City Portion including:
(i) if requested by LACMTA, attending meetings with the Utility owners; (ii) notifying LACMTA of any other Utility works requested by the City for City projects unrelated to the City Portion and coordinating any such other Utility adjustments with LACMTA; and (iii) providing LACMTA with all information available to the City regarding Utility Conflicts or potential Utility Conflicts.

EXECUTION VERSION
47 EXHIBIT 6 – DESIGN REQUIREMENTS

1. General Design Criteria
Any Design work for any Rearrangements shall be performed in accordance with:
(a) the Design requirements set out in this EXHIBIT 6, or otherwise under the terms of this Agreement and the relevant Work Order (if applicable); and
(b) all Governmental Approvals, Applicable Law and City Standards subject to Section 3.5 (City Standards) of this Agreement.

2. City Standards
The Parties agree that, for the purposes of this Agreement, the "City Standards" will be those City Design standards and ordinances notified by the City to LACMTA or otherwise incorporated in an amendment to this Agreement in accordance with Section 3.5 (City Standards) of this Agreement.

3. Specific Design Requirements For Rearrangements

3.1 Surface Openings. To the extent operationally and fiscally practical, LACMTA shall locate surface openings, if any to mitigate: (a) the effect on existing features of landscape and improvements; and (b) public disruption; in each case taking into account health and safety concerns.

3.2 Landscaping. Trees and landscaped areas under ownership or daily control of the City shall be preserved whenever practical. Trees within the ESP2 Project Site which are not being removed by LACMTA, shall be protected. If the City elects and right-of-way is available, trees that must be removed due to Rearrangements will be replaced or relocated, if practicable, by LACMTA in accordance with the LACMTA tree policy in effect at the time of Project Definition or the Final Environmental Documents, whichever is more stringent.

Replacement work shall be performed in accordance with applicable City Standards and shall be coordinated with the City. Landscaped areas removed due to Rearrangements shall be restored to the original condition to the extent practical as agreed to by the City and LACMTA.

3.3 Traffic Signal and Lighting Systems. If a Rearrangement requires Traffic Signal and/or Lighting Work, then LACMTA shall obtain the City's Approval of LACMTA's Traffic Signal and Lighting Design (which consent may not be unreasonably delayed or withheld).

3.4 Private Projections in Public Ways. If LACMTA determines that a private projection in, over or under any City Facility or Public Rights-of-Way must be removed to accommodate the ESP2 Project, LACMTA will issue a Work Order to the City and the City shall take all reasonable actions within its powers to require the elimination of such projections by the time specified in the Work Order. If the City is not empowered to affect the removal of such projections, or if LACMTA otherwise elects, LACMTA will make its own arrangements for removal of such projections. The City will cooperate with LACMTA to minimize the Cost of eliminating, moving, removing or otherwise terminating projections.

3.5 City Communications Facilities. The relocation of any conflicting underground City communications facilities shall be performed by employing intercept-style manholes at both ends of each conflicting communications conduit segment, directly on the alignment of existing conduit segment(s), and beyond the area of the conflicting communications facilities.

4. Preparation and Submission of Design Documentation
For those Rearrangements where LACMTA is responsible for the Design work under the provisions of this Agreement, LACMTA shall, and will ensure that LACMTA Contractors will:
(a) prepare and submit all Design Documentation to the City:

EXECUTION VERSION
48 (i) in Packages in accordance with the schedule notified to the City as part of the Annual Work Plan process (as may be updated and notified to the City from time to time); and (ii) in a manner and at a rate which, having regard to the quantum of Design Documentation submitted, will give the City the opportunity to review the submitted Design Documentation in accordance with EXHIBIT 7 (LACMTA Submittal Review Procedure); (b) ensure that the Design Documentation submitted for the Final Design highlights any material amendments made since any earlier submittal of that Design Documentation, and is of a level of detail which is sufficient to permit the City to determine whether the Design Documentation complies with this Agreement, and the Construction work which will be performed in accordance with the Design Documentation will comply with this Agreement;
(c) invite the City to attend any pre-submittal workshops held where Design Documentation for a Rearrangement is to be presented; and
(d) if reasonably requested by the City, provide additional supporting information and/or make available the appropriate Design personnel to participate in post-submittal Design review meetings, to explain the Design Documentation for a Rearrangement or a particular element of it.

EXECUTION VERSION
49 EXHIBIT 7 – LACMTA SUBMITTAL REVIEW PROCEDURE

1. General

1.1 The Parties agree that individuals undertaking Design review on behalf of the City under this Agreement shall, where practicable, be consistent throughout the Design Phase. The City will ensure that any individual undertaking Design review on behalf of the City under this agreement has the appropriate qualifications, capability and experience to perform the review.

1.2 The procedures set out in this EXHIBIT 7 will govern all LACMTA Submittals to the City pursuant to this Agreement.

2. Review Procedure

2.1 The City shall use reasonable endeavors to notify LACMTA and LACMTA’s Contractor (if applicable) within 10 Days of receipt of an LACMTA Submittal from LACMTA or an LACMTA Contractor if the City considers (acting reasonably) that the LACMTA Submittal is incomplete or deficient for the purpose of the City's review (or deficient to the extent that the City is unable to proceed with its review) and requires re-submission, together with a detailed description of the information that the City deems to be missing or deficient. If no such Notice is delivered by the City within 14 days of receipt of an LACMTA Submittal, the LACMTA Submittal shall be deemed complete and acceptable for the purposes of the City proceeding with its review.

2.2 For those LACMTA Submittals submitted for review but not formal Approval to the City (including, Design Documentation submitted for those stages of Design Development review that precede the Final Design), the City shall complete its review and issue its comments to LACMTA and the LACMTA Contractor within the LACMTA Submittal Review Period. For those LACMTA Submittals that have been designated as requiring City review and Approval under this Agreement (including, submission of a Final Design Document for Approval), the City shall complete its review, issue its comments, and confirm its Approval or rejection, within the LACMTA Submittal Review Period.

2.3 All Compliance Comments shall be transmitted in the form of a comment matrix or, if mutually agreed, through another equivalent format, and shall reference the City Standard applicable to the Compliance Comment, and be accompanied by an annotated LACMTA Submittal (if applicable). Where a database is used for transmission of comments, LACMTA will provide the City (and the relevant City Contractors) with user accounts and training for this purpose.

2.4 If no comments are received within the LACMTA Submittal Review Period, the LACMTA Submittal shall be deemed complete and approved by the City.

2.5 The Parties acknowledge that the process set out in this EXHIBIT 7 is intended to facilitate the LACMTA Submittal review process and be consistent with the LACMTA Guidelines on Enhanced Partnering Coordination, and shall supersede the submittal/shop drawing review schedules specified in any standards referenced in this Agreement.

3. Grounds for Objection or Comment

3.1 The City will only be entitled to reject an LACMTA Submittal under Section 2 (Review Procedure) of this EXHIBIT 7 if such LACMTA Submittal fails to comply with the requirements of this Agreement, and as specified in the City's Compliance Comments.

3.2 If the City rejects an LACMTA Submittal in accordance with Section 2 (Review Procedure) of this EXHIBIT 7, LACMTA must (or must require that the relevant LACMTA Contractor):
(a) address the Compliance Comments and re-submit the LACMTA Submittal for review; or

EXECUTION VERSION
50 (b) notify the City that it does not agree with the grounds for rejection. If LACMTA does not agree with the grounds for rejection on the basis that such grounds would constitute a Betterment, Article 5 (Betterments) of this Agreement shall apply.

3.3 The City agrees that during the Final Design stage, it shall not raise any new issues, or make comments which are inconsistent with its comments on earlier submittals, or with any changes previously agreed to by the City.

3.4 The City's Approval of the Final Design for any Rearrangement will not be withheld if the submittal is consistent with the most recent earlier submittal for such Rearrangement, modified as appropriate to respond to the City's Compliance Comments on such earlier submittal (to the extent such comments were made in accordance with the provisions of this Agreement), and to reflect any subsequent changes agreed to by the Parties.

4. No Commencement of Construction Work
LACMTA and the City must not commence or permit the commencement of any Construction work that is the subject of, governed by or dependent upon an LACMTA Submittal until LACMTA (or LACMTA Contractor) has submitted the relevant LACMTA Submittal to the City in accordance with this EXHIBIT 7 and:
(a) within seven Days of receiving a Notice from LACMTA (or relevant LACMTA Contractor) that the City failed to respond to an LACMTA Submittal within the relevant LACMTA Submittal Review Period, the City fails to respond to such LACMTA Submittal; or
(b) the City has notified LACMTA (and relevant LACMTA Contractor, as applicable) that it approves such LACMTA Submittal.

EXECUTION VERSION
51 EXHIBIT 8 – CONSTRUCTION REQUIREMENTS

1. General Requirements
(a) Any Construction work for any Rearrangements for the City Portion to be performed within the Public Rights-of-Way shall be performed in accordance with:
(i) The approved Final Design (including any changes agreed under Section 3.6 (Changes to Design) of this Agreement);
(ii) all Governmental Approvals, Applicable Law and City Standards, subject to Section 3.5 (City Standards) of this Agreement;
(iii) the schedule for such Construction work agreed under the relevant Work Order (if applicable) or otherwise under the Project Schedule; and
(iv) all other Construction requirements set out in this EXHIBIT 8 or otherwise under the Project Definition, provisions of this Agreement and any relevant Work Order (if applicable). (b) In conjunction with its contractors, LACMTA will be responsible for conducting public outreach to provide proper notification to the affected communities prior to and during Construction, complying with the Final Environmental Documents.

2. Extended Working Hours
The Parties acknowledge that extended work hours may be necessary to facilitate Construction of the City Portion. The Parties will agree to such work hours following joint review of the schedule and activities to be carried out by LACMTA and LACMTA Contractors. If a change is required to the agreed working hours, the Parties will negotiate in good faith to agree to such change.

3. Haul Routes
The Parties will agree to haul routes reasonably necessary to facilitate Construction of the City Portion. If a change is required to an agreed haul route, the Parties will negotiate in good faith to agree to such change.

4. Interruptions
(a) The Parties acknowledge that certain components of the work in the City Portion will require interruption of City services. The Parties will agree to a plan for any such interruptions and, subject to City Approval of the plan, the City consents to scheduled interruption of services deemed necessary by LACMTA. LACMTA must provide the City prior Notice before City services are interrupted.
(b) In advance of any scheduled interruption of City services, LACMTA will cooperate with the City to minimize such interruptions, and will notify affected parties including residents and businesses located within 1/4 mile of the work, Council offices, and other elected officials. The City acknowledges that notification may be delayed where LACMTA is required to interrupt services in the event of emergency. Where the City determines that Temporary Facilities are necessary and appropriate, LACMTA shall accommodate any reasonable request.

5. Notification Matrix
Prior to the start of the Construction phase, the City will notify LACMTA of its notification matrix providing the name, phone number and email address of the designated point of contract for the ESP2 Project within each City department.

EXECUTION VERSION
52 6. Pedestrian and Vehicular Traffic Circulation and Access

6.1 General Requirements
(a) LACMTA or LACMTA Contractors shall develop a plan for any Construction work performed within the Public Rights-of-Way.
(b) LACMTA or LACMTA Contractors shall develop plans for actions to raise public awareness of upcoming Construction work, and assist affected parties in the resolution of complaints related to Construction.
(c) The City acknowledges that the Construction work to be performed by LACMTA or LACMTA Contractors within the Public Rights-of-Way is intended to be performed progressively under multiple packages, and that plans and reports described in this EXHIBIT 8 may be prepared for each package. (d) The City understands that LACMTA requires flexibility in the execution of Construction, and LACMTA will ensure that any plan prepared by LACMTA or LACMTA Contractors will, at a minimum, meet the City’s requirements that are necessary to provide for public health and safety (including pedestrian and vehicular safety), and consistent with the Basis of Design. (e) LACMTA and the LACMTA Contractors shall take all appropriate actions to ensure safe performance of the Construction work within the Public Rights-of-Way. The City reserves the right to stop work if public health and safety is or will be compromised by such work.

6.2 Worksite Traffic Control Plans
Worksite Traffic Control Plans (WTCP) shall include:
(a) plans for the handling of vehicular and pedestrian traffic on streets within or adjacent to a Construction work zone showing street closures, detours, warning devices and other pertinent information; (b) actions to maintain access to businesses, schools and residences located within or adjacent to a Construction work zone; and
(c) The Work Area Traffic Control Handbook (WATCH) Manual can be used to implement lane closures as explicitly allowed in the WATCH Manual. An engineered WTCP must be developed, submitted to and approved by the City for all closures not explicitly allowed by the WATCH Manual. Temporary traffic signal plans, if required, shall be developed, submitted to and approved by the City.

6.3 Temporary Street Lighting Plans
LACMTA or the LACMTA Contractors shall develop temporary street lighting plans, which shall include:
(a) safety and security at nighttime for vehicular and pedestrian traffic traveling on streets through a Construction work zone;
(b) lighting devices, circuit and power service connections, and other pertinent information as applicable.

Any street lighting plans prepared under this Section 6.3 will be submitted for review and Approval in accordance with Section 7 (Temporary Facilities) below.

6.4 Traffic Management Plan (TMP)
(a) The Parties may agree that a street, highway, bridge, or other Public Right of Way shall be temporarily or permanently closed for the necessity of the ESP2 Project. If such closure is agreed to, a TMP shall be developed by LACMTA or the LACMTA Contractor as part of the applicable plan. A TMP shall be prepared only for streets classified as collector or high and shall include:

EXECUTION VERSION
53 (i) WTCP, and temporary traffic signal and street lighting plans as required; (ii) Synchro analysis of affected streets;
(iii) mitigations for emergency services;
(iv) community outreach plan; and
(v) construction schedule for the applicable work activities including an analysis on the impacts to the community.
(b) Any TMP prepared under this Section 6.4 shall be submitted for review and Approval in accordance with Section 7 (Temporary Facilities) below.

7. Temporary Facilities

7.1 City Facilities
Temporary Facilities may be necessary to facilitate Construction of the ESP2 Project (including Rearrangements). LACMTA or its designee may use, without cost, lands owned or controlled by the City for Construction related purposes including, but not limited to, the erection and use of Temporary Facilities thereon, provided that the City shall first approve in writing the availability, location and duration of the Temporary Facilities, with the City’s Approval not to be unreasonably withheld. If no response is received from the City within 45 Days of receipt of a request to use such lands, LACMTA’s request to use lands owned or controlled by the City shall be deemed approved.

Upon completion of the related Construction and LACMTA’s determination that the Temporary Facilities no longer are needed, LACMTA or the LACMTA Contractor shall remove all Temporary Facilities and restore the area as nearly as practicable to its original condition unless the Parties agree to some other arrangement.

7.2 LACMTA Facilities
In the event that Temporary Facilities are necessary to implement a Rearrangement being constructed by the City, the City or its designee may use, without cost, lands owned or controlled by LACMTA for the purpose of using or erecting Temporary Facilities thereon, provided that LACMTA shall first approve in writing the availability, location and duration of the Temporary Facilities. If no response is received from LACMTA within 45 Days of receipt of a request to use such lands, the City’s request to use lands owned or controlled by LACMTA shall be deemed approved.

Upon completion of the Rearrangement, the City shall remove all Temporary Facilities and restore the area as nearly as practicable to its original condition unless the City and LACMTA agree to some other arrangement.

8. Temporary Decking or Plating
LACMTA or LACMTA Contractors shall ensure that where required, temporary decking or plating in areas open for use by the public shall not be constructed of exposed timber and shall be designed for the posted speed and loading per the American Association of State Highway and Transportation Officials Load and Resistance Factor Design, latest edition adopted by Caltrans with applicable California Amendments.

The decking surface shall have a minimum dynamic friction factor of 0.35 for skid resistance as measured by California Test Method No. 345, and a minimum static friction factor of 0.60 for slip resistance as measured by American Standards for Testing Materials C1028 to provide safe operating conditions for vehicular and pedestrian traffic under both wet and dry conditions.

The decking surfaces shall be tested for dynamic and static friction values by the City for compliance with established standards as necessary. The end ramp profiles, methods of anchorage, decking/street drainage

EXECUTION VERSION
54 provisions shall be submitted to the City. Temporary curb installations shall be submitted to the City for approval and shown on the Traffic Management Plan for reference.

The decking surface conditions shall be installed and maintained per City Standard. If the City does not have a City Standard regarding the installation and maintenance of decking surface conditions, the decking surface conditions shall be installed and maintained in accordance with LACMTA or LACMTA Contractor standards.

9. Underground Service Alert
Prior to commencement of any underground work by either Party, an "Underground Service Alert" or "Dig Alert" shall be initiated by such Party or its contractor in accordance with California law.

10. Environmental Controls
All Construction work performed by the City or City Contractors pursuant to this Agreement shall comply with the environmental controls established by LACMTA in the LACMTA Contracts, including construction noise and vibration control, pollution controls, archaeological coordination and paleontological coordination.

11. Salvaged Materials
The Parties may agree to salvage certain materials belonging to the City during the course of Rearrangement.

If materials belonging to the City are to be reused, the LACMTA Contractor shall exercise reasonable care in removal and storage of such materials. Materials shall be inspected and stored until such time as the progress of work allows the reinstallation of such materials. Materials that are not to be reused in a Rearrangement, but which the City desires to reclaim, may be recovered by the City staff within an agreed time frame or shall be delivered by LACMTA to a location proximate to the salvage site and suitable to the City for retrieval.

Subject to acceptance by LACMTA, if materials removed by LACMTA are not reused and are not desired by the City, such materials shall become the property of LACMTA.

12. As-Built Drawings
LACMTA shall maintain a set of "as-built" drawings of Rearrangements performed by LACMTA during Construction. Red line mark-ups for temporary street lighting systems, traffic signal systems, and other City Facilities shall be submitted to the City within 15 Days after completion of Construction of Replacement Facilities. Upon completion of the Rearrangement work, LACMTA shall furnish to the City as-built drawings within 75 Days after completion of the work on City Facilities, showing all Replacement Facilities installed in a format consistent with requirements listed in the Basis of Design.

The City shall maintain a set of "as-built" drawings of Rearrangements performed by the City during Construction. Red line mark-ups for temporary street lighting systems, traffic signal systems, and other City Facilities shall be submitted to LACMTA within 15 Days after completion of Construction of Replacement Facilities. Upon completion of the Rearrangement work, the City shall furnish to LACMTA as-built drawings within 75 Days after completion of the work on City Facilities, showing all Replacement Facilities installed in a format as agreed during Early Involvement.

EXECUTION VERSION
55 EXHIBIT 9 – INSPECTION AND ACCEPTANCE PROCEDURE

1. City Inspections

1.1 City will provide dedicated inspection staff for the ESP2 Project who shall be responsible for overseeing and enforcing code requirements for the construction of City Facilities. In the event the City does not have sufficient City or City Contractor staff available to perform this work, then upon notification from the City, LACMTA may assign LACMTA inspection staff to perform this work on behalf of the City.

1.2 LACMTA will provide dedicated inspection staff for the ESP2 Project who shall be responsible for overseeing and enforcing code requirements for all Construction work other than for the construction of City Facilities.

2. Betterments
In the event any City Inspector request made under this EXHIBIT 9 is identified as a Betterment, the Parties will follow the Betterment process outlined in Article 5 (Notice of Betterments) of this Agreement.

3. Substantial Completion

3.1 The following requirements must be satisfied to achieve Substantial Completion of a Rearrangement (or a part of a Rearrangement that is capable of being accepted in advance of completion of the whole):
(a) LACMTA (or the applicable LACMTA Contractor) has completed the work for the Rearrangement (or applicable part of the Rearrangement) except for Punch List items or outstanding work that is otherwise only required to be performed under this Agreement for the purposes of achieving Final Acceptance;
(b) all known defects or omissions in the work for the Rearrangement (or applicable part of the Rearrangement) have been remedied (other than Punch List items); and (c) the Rearrangement (or applicable part of the Rearrangement) is ready for handover to the City in accordance with the requirements set out under this Agreement or in the applicable Project Definition.

3.2 If LACMTA considers that the requirements for Substantial Completion of a Rearrangement (or the applicable part of the Rearrangement) have been satisfied in accordance with Section 3.1 (Substantial Completion) of this EXHIBIT 9, LACMTA shall submit a Notice to the City requesting a Statement of Substantial Completion.

LACMTA may issue a Notice under this Section 3.2 notwithstanding that there are known Punch List items or outstanding work that is otherwise only required to be performed under this Agreement for the purposes of achieving Final Acceptance, provided that LACMTA's Notice shall include the list of proposed Punch List items.

3.3 Within ten Days (or any other time period agreed by the Parties) of delivery of a Notice by LACMTA requesting a Statement of Substantial Completion, the City Inspector and LACMTA will together inspect the Rearrangement (or the applicable part of the Rearrangement) to determine its status of completion in accordance with Section (1)(a)(i) (General Requirements) of EXHIBIT 8 (Construction Requirements) and to agree to the Punch List items.

3.4 Within five Days of completion of the inspection of the applicable part of the Rearrangement, the City will either:
(a) if the City accepts the Rearrangement (or applicable part of the Rearrangement) as Substantially Complete in accordance with the terms of this Agreement subject to any agreed Punch List items and the work that is otherwise only required to be performed under this Agreement for the purposes of achieving Final Acceptance, issue a Statement of Substantial Completion together with the Punch List items agreed by the Parties following inspection of the Rearrangement (or applicable part of the Rearrangement); or

EXECUTION VERSION
56 (b) if the City determines that the Rearrangement (or applicable part of the Rearrangement) has not yet achieved Substantial Completion in accordance with the terms of this Agreement, reject by Notice LACMTA's request, together with a Substantial Completion Correction List. Punch List items or outstanding work that is otherwise only required to be performed under this agreement for the purposes of achieving Final Acceptance, will not be a sufficient basis for rejecting a request for a Statement of Substantial Completion. Any such rejection must be on the basis that the work that is outstanding is sufficiently material in nature to prevent the safe use or operation of the Rearrangement (or applicable part of the Rearrangement).

3.5 If the City rejects a request for a Statement of Substantial Completion for a Rearrangement (or any part of a Rearrangement), LACMTA shall perform the corrections set out under the Substantial Completion Correction List, following which LACMTA will again deliver a Notice to the City requesting a Statement of Substantial Completion.

3.6 Promptly after issuance of a Statement of Substantial Completion, LACMTA (or LACMTA Contractors) will complete all work items on the Punch List attached to the Statement of Substantial Completion and satisfy remaining obligations under this Agreement required to be completed before Final Acceptance for that Rearrangement, including submittal of applicable "as-built" drawings.

3.7 If LACMTA does not agree with the City’s rejection of a request for a Statement of Substantial Completion or the corrections listed by the City under a Substantial Completion Correction List, or if the Parties are unable to agree on the Punch List items, the matter will be referred to the issue resolution ladder under EXHIBIT 4 (Roles and Responsibilities) of this Agreement.

4. Statement of Final Acceptance

4.1 The following requirements must be satisfied in order to achieve Final Acceptance of a Rearrangement :
(a) the entire work for that Rearrangement is fully completed; (b) all Punch List items for that Rearrangement (or for all parts of that Rearrangement where Substantial Completion of a part was permitted) are completed; and
(c) LACMTA (or the applicable LACMTA Contractor) has delivered all "as-built" drawings for the Rearrangement (or for all parts of that Rearrangement where Substantial Completion of a part was permitted).

4.2 If LACMTA considers that the requirements for Final Acceptance of a Rearrangement have been satisfied in accordance with Section 4.1 of this EXHIBIT 9, LACMTA shall submit a Notice to the City requesting a Statement of Final Acceptance.

4.3 Within ten Days of delivery of a Notice by LACMTA requesting a Statement of Final Acceptance, the City Inspector and LACMTA will together inspect the Rearrangement to determine its status of completion.

4.4 Within five Days of completion of the inspection of the applicable part of the Rearrangement, the City will either:
(a) if the City accepts that the requirements for Final Acceptance of the Rearrangement have been achieved, issue a Statement of Final Acceptance ; or
(b) if the City determines that the requirements for Final Acceptance of the Rearrangement have not been achieved, reject by Notice LACMTA's request, together with a Final Acceptance Correction List.

4.5 If the City rejects a request for a Statement of Final Acceptance for a Rearrangement, LACMTA shall perform the corrections set out under the Final Acceptance Correction List, following which LACMTA will again deliver a Notice requesting a Statement of Final Acceptance.

EXECUTION VERSION
57 4.6 If LACMTA does not agree with the corrections listed by the City Inspector under a Final Acceptance Correction List, the matter will be referred to the issue resolution ladder set out in EXHIBIT 4 (Roles and Responsibilities) of this Agreement.

5. Responsibility to Complete the Work

5.1 Where a Statement of Substantial Completion is issued with respect to a part (and not the whole) of a Rearrangement, LACMTA shall retain full responsibility for completion of the whole of the Rearrangement.

5.2 The issuance of a Statement of Substantial Completion for a Rearrangement (or a part of a Rearrangement) shall not relieve LACMTA of its obligation to complete the Punch List items and to promptly remedy any omissions and latent or unnoticed defects in the Rearrangement covered by the Statement of Substantial Completion in accordance with the warranties under Section 8.2 (Warranty) of this Agreement.

5.3 Until a Statement of Substantial Completion is issued for a Rearrangement (or the applicable part of it), all responsibility for care and maintenance of the Rearrangement (or the applicable part of it) shall be borne by LACMTA. The City will be responsible for the maintenance, loss, or damage to a Rearrangement (or the applicable part of a Rearrangement) upon issuance of a Statement of Substantial Completion except that:
(a) in accordance with Sections 5.1 and 5.2 above, it shall be LACMTA's continuing responsibility to complete and deliver every part, and the integrated whole, of the Rearrangement and to satisfy the conditions of Final Acceptance of that Rearrangement; and (b) responsibility and liability will remain with LACMTA to the extent of the warranties under Section 8.2 (Warranty) of this Agreement.

EXECUTION VERSION
58 EXHIBIT 10 – OPERATION AND MAINTENANCE PRINCIPLES

1. Primary Responsibilities

1.1 LACMTA (directly or through LACMTA Contractors) will be responsible for the operation and maintenance of the ESP2 Project (including maintenance of any low impact development water and storm drain mitigation measures constructed outside of the Public Rights-of-Way as part of the ESP2 Project, on the ESP2 Project Site, or on LACMTA-owned right-of-way).

1.2 The City (directly or through City Contractors) will be responsible for:
(a) maintenance of all City Facilities within the Public Rights-of-Way including, but not limited to, trees, gutters, sidewalks, ramps, streets, roadways, utilities, vaults, pull boxes, streetlights, traffic signals, traffic loops, striping, signage, irrigation, bioswales and landscape; (b) operation of the traffic signal system within the jurisdiction and control of the City; and (c) maintenance of all low-impact development water and storm drain mitigation measures constructed within the Public Rights-of-Way.

2. Traffic Signals
With respect to its responsibility for the operation of the traffic signal system within the jurisdiction and control of the City, the City shall work cooperatively with LACMTA to facilitate the safe and efficient operation of the City Portion. The City shall not modify the traffic signal model controller software and hardware on the City Portion without notification to and coordination with LACMTA.

3. Maintenance of the City Portion
LACMTA shall obtain appropriate permits from the City when performing maintenance work on or near the Public Rights-of-Way and conform to all City permitting requirements for the submittal, review, and Approval of temporary traffic control plans, use of public rights-of-way, or any other activity requiring a permit or license.

All traffic control devices shall conform to accepted City practices and shall be installed and maintained in accordance with the California Manual on Uniform Traffic Control Devices and/or approved worksite traffic control plans. All City staff Costs incurred for permitting such work shall be reimbursed by LACMTA through the Work Order process set forth in this Agreement.

4. Utility Contracts
In the event the City enters into a contract with private Utility companies for the provision of electricity and/or the applicable water district for the provision of water supply in connection with the ESP2 Project, LACMTA shall similarly procure separate license and cooperative agreements with such private Utilities. Further, if the City owns and operates its own "power" department and the ESP2 Project draws electricity from this source, then such agreements shall include a "power restoration" priority provision regarding outages resulting from emergencies whereby the ESP2 Project and future operations shall be provided with the highest priority consistent with other state-wide designated essential facilities.

5. Track Allocation
The City and any City Contractors shall comply with LACMTA's Track Allocation/Work Permit Procedures in effect at the time of any Construction, Maintenance or repair work on or in the vicinity of the ESP2 Project or Project Site.

EXECUTION VERSION
59 EXHIBIT 11 – FORMS
Part A: Form 60
Name of Offeror/Contractor/Utility Company (Name of
Preparer):

Scope of Work/Deliverable (provide expanded
description on Form 60 page 2)
Home office address
Division(s) and Locations where Work is to be performed LACMTA Solicitation/Proposal/Contract Number/Work Order/Change Notice and/or Change
Order Reference Number(s):

NOTE: For proper calculations of cost elements link additional sheets to this summary page.

1. Direct Labor Est.

Hours
Rate Per
Hour
Est. Cost TOTAL

2. 0.00 $0.00 $0.00

3. 0.00 $0.00 $0.00

4. 0.00 $0.00 $0.00

5. TOTAL DIRECT LABOR HOURS 0.00 TOTAL DIRECT LABOR $0.00

6. Labor Overhead (O/H) O/H Rate x Base Est. Cost

7. 0% $0.00

8. TOTAL LABOR OVERHEAD $0.00

9. Direct Material Est. Cost

10. a. Purchase Parts $0.00

11. b. Subcontracted items $0.00

12. c. Other $0.00

13. TOTAL DIRECT MATERIAL $0.00

14. Equipment Unit Cost Est. Cost

15. $0.00 $0.00

16. $0.00 $0.00

17. TOTAL EQUIPMENT $0.00

18. Subcontractors* Est. Cost

19. $0.00

20. $0.00

21. $0.00

22. TOTAL SUBCONTRACTORS $0.00

23. TOTAL BURDENED COST (add lines 5, 8, 13, 17 and 22) $0.00

24. Other Direct Costs Est. Cost

25. $0.00

26. $0.00

27. $0.00

28. TOTAL OTHER DIRECT COSTS $0.00

29. Travel Est. Cost

30. a. Transportation $0.00

31. b. Per Diem or Subsistence $0.00

32. TOTAL TRAVEL $0.00

33. General and Administrative
Expense
Rate % % x Line 23

34. 0% $0.00

35. TOTAL GENERAL AND ADMINISTRATIVE EXPENSE $0.00

36. TOTAL ESTIMATED COSTS (Total Lines 23, 28, 32 and 35) $0.00

37. Profit/Fee Total Labor and
Overhead
(line 5 + line 8)
Rate % % x Total Labor and Overhead

38. ` 0% $0.00

39. TOTAL FEE $0.00

40. TOTAL ESTIMATED PRICE (Total of Lines 36 and 39) $0.00

EXECUTION VERSION
60 41. Milestone
/Task
Number
Milestones/Tasks Hours Completion
Date
Payment Amount

42. $0.00

43. $0.00

44. $0.00

45. TOTAL MILESTONES/TASKS (Must equal line 40) $0.00
* Attach Form 60 for all proposed subcontractors performing work under Form 60 Prime Contractor where applicable. Transfer Est. Cost to this Section.

46. Fill in applicable sections only

47. Has any Agency of the United States Government, State government, local public agency or the Los Angeles County Metropolitan Transportation Authority (LACMTA) performed any review of your account or records, overhead rates and general and administrative rates in connection with any public prime contract or subcontract within the past twelve months? Yes No If yes, when? Reference Contract No.

48.a. Agency Name/Address 48.b. Individual to contact/Telephone Number

49. As required by LACMTA, firms not audited, as described above, shall submit financial data and calculations in sufficient detail to support all proposed direct costs and subcontractor costs.

50. The proposal reflects our estimates and/or actual costs as of the date and by submitting this proposal, Proposer/Consultant grants to LACMTA Contracting Officer and authorized representative(s) the right to examine, at any time before award, those records, which include books, documents, accounting procedures and practices, and other supporting data, regardless of type and form or whether such supporting information is specifically referenced or included in the proposal as the basis for pricing, that will permit an adequate evaluation of such cost or pricing data, along with the computations and projections used therein, for the purpose of verifying the cost or pricing data submitted. This right may also be exercised in connection with any negotiations/discussions prior to contract award or execution of contract modification.

51. CERTIFICATE
The labor rates and overhead costs are current and other estimated costs have been determined by generally accepted accounting principles. Proposer/Consultant represents: (a) that it has , has not , employed or retained any company or person (other than a full time bona fide employee working solely for the Proposer/Consultant) to solicit or secure a contract, and (b) that it has , has not , paid or agreed to pay to any company or person (other than a full time bona fide employee working solely for the Proposer/Consultant) any fee, commission, percentage or brokerage fee, contingent upon or resulting from the award of this contract, and agrees to information relating to (a) and (b) above, as requested by the Contracting Officer.

52. CERTIFICATE OF CURRENT COST OR PRICING DATA
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in Section 2.101 of the Federal Acquisition Regulations (FAR) and required under subsection 15.403-4) submitted, either actually or by specific identification in writing, to LACMTA's Contracting Officer or to LACMTA's Contracting Officer's representative in support of ______________________* are accurate, complete and current as of ________________________**. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the Proposer/Consultant/Contractor and LACMTA that are a part of the proposal.

53. This proposal as submitted represents our best estimates and/or actual costs as of this date.

54. Type Name and Title of Authorized Representative Signature Date***

55. * Identify the proposal, quotation, request for price adjustment, or other submission involved, giving appropriate identifying number (e.g. Information For Bid No., Work Order No., Request for Proposal No., Change Order No., Modification No., etc.)

56. ** Insert the day, month and year when price negotiations were concluded and price agreement was reached.

57. *** Insert the day, month and year of signing (i.e., When price negotiations were concluded and mutual agreement was reached on contract price).

Form 60 Attachments (Applicable if Box is checked)
Scope of Work Expanded Description for which Cost Estimate is based on:
1 2
3 EXECUTION VERSION
61 4
Schedule in which Scope of Work is based on:
1 2
3 4
1 2
3 4
Track Allocation Request for Metro active bus rapid right-of-way encroachment is anticipated per stated Scope of Work. The following information is provided in advance to facilitate final Metro TAR Approval:
1 2
3 4
FORM 60 IS SIGNED AND EXECUTED WITH THE FOLLOWING ADDITIONAL ASSUMPTIONS:
1 CITY AS-BUILT RESEARCH BY CITY FOR METRO PROJECTS IN THE PLANNING PHASE SHALL BE

TREATED AS PART OF LABOR OVERHEAD PORTION OF COST

EXECUTION VERSION
62 Part B: City Betterment Request Form

CITY BETTERMENT REQUEST
Date: _________________
To: The Los Angeles County Metropolitan Transportation Authority (LACMTA) From: City of Pico Rivera (City)
Subject Scope/Scope Element: ____________________________________________ Project: Eastside Transit Corridor Phase 2 (ESP2) Project Pursuant to the Cooperative Agreement (CA) between the City and LACMTA with respect to the ESP2 Project, this shall serve as a formal Notice that the following design and/or construction scope is requested to be delivered as a Betterment as defined within the CA.

Scope of requested Betterment:
_____________________________________________________________________________________________ _____________________________________________________________________________________________ The determination of the Betterment is based on the CA and the following justification:
_____________________________________________________________________________________________ _____________________________________________________________________________________________ Estimated rough order of magnitude cost: ________________________________ The City requests LACMTA's response to this City Betterment Request as set out below.

CITY OF PICO RIVERA
By:___________________________
Name: ________________________
Title: _________________________
Date:_________________________
_____________________________________________________________________________________________ LACMTA has reviewed the above City Betterment Request and:

1. rejects the requested Betterment in accordance with the CA on the basis that the Betterment is:
 incompatible with the Project;
 cannot be performed within the constraints of Applicable Law, any applicable Governmental Approvals, and/or the Project Schedule; or
 requested after establishment of the Basis of Design for the project.

2. approves the Betterment in accordance with the CA subject to the following changes or terms as negotiated with the City (if none, enter "none"):
______________________________________________________________________________________

EXECUTION VERSION
63 ______________________________________________________________________________________ An estimated cost is listed below:

Design Costs: $______________ Construction Costs: $_________________ LACMTA requests that the City counter-sign below to confirm its agreement to any changes or additional terms described above and the estimated cost.

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY By:___________________________
Name: ________________________
Title: _________________________
Date: _________________________
____________________________________________________________________________________________ The City accepts the amendments or additional terms agreed and listed above, and the design and construction cost estimates for the Betterment. The City acknowledges and agrees that, in accordance with the terms of the CA, the City shall be solely responsible for all Costs related to the Betterment (whether or not such Costs exceed the estimates for the Betterment provided by LACMTA).

CITY OF PICO RIVERA
By:___________________________
Name: ________________________
Title: _________________________
Date: _________________________

EXECUTION VERSION
64 Part C: LACMTA Notice of Potential Betterment1

NOTICE OF POTENTIAL BETTERMENT
Date: _________________
To: City of Pico Rivera (City)
From: The Los Angeles County Metropolitan Transportation Authority (LACMTA) Subject Scope/Scope Element: ____________________________________________ Project: Eastside Transit Corridor Phase 2 (ESP2) Project Pursuant to the Cooperative Agreement (CA) between the City and LACMTA, this shall serve as a formal Notice that the following City comment or request with respect to the Design Documentation, Construction plans, and/or work for the ESP2 Project has been identified as a potential Betterment as defined within the CA.

Scope of City comment or request identified as a potential Betterment (including reference number or other identification of the relevant City comment or request):
_____________________________________________________________________________________________ _____________________________________________________________________________________________ The City comment or request has been identified as a potential Betterment based on the CA and following justification:
 if implemented, the City comment or request would comprise an upgrade, change or addition to a City Facility (or a part of a City Facility) that provides for greater capacity, capability, durability, appearance, efficiency, function or other betterment of that City Facility over that which was provided by the City Facility prior to the ESP2 Project, and none of the exclusions listed in the CA apply; or  If implemented, the City comment or request would comprise a change in or supplement to the City Standards applicable to that work after the establishment of the Basis of Design, and none of the exclusions listed in the CA apply.

Details:_______________________________________________________________________________________ _____________________________________________________________________________________________ LACMTA requests the City's response to this LACMTA Notice of Potential Betterment as set out below. In accordance with Article 5 (Betterments) of the CA, if the City fails to respond within five Days of this LACMTA Notice of Potential Betterment, the relevant City comment or request will be deemed to be withdrawn. Such deemed withdrawal shall be without prejudice to the City's right to submit the Betterment under a subsequent City Betterment Request under Article 5 (Betterments) of the CA.

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY By:___________________________
Name: ________________________
Title: _________________________
Date: _________________________
1 Please refer to Article 5. This is the form that would be used by LACMTA if it identifies a City request or comment as a potential Betterment.

The reasons for identifying a City request or comment as a potential Betterment listed in the form are intended to align with the definition of Betterment. It also includes a response form from the City, withdrawing the comment or enclosing a City Betterment Request.

EXECUTION VERSION
65 The City has reviewed the above LACMTA Notice of Potential Betterment and:
 withdraws the relevant City comment or request referenced in the above LACMTA Notice of Potential Betterment; or
 submits the City comment or request referenced in the above LACMTA Notice of Potential Betterment as a City request for a Betterment in accordance with Article 5 (Betterments) of the CA and for this purpose encloses a completed City Betterment Request.

CITY OF PICO RIVERA
By:___________________________
Name: ________________________
Title: _________________________
Date: _________________________

EXECUTION VERSION
66 EXHIBIT 12 – CITY-PERFORMED PROJECT WORK

1. Request for the City to Perform Design and/or Construction Work

1.1 In accordance with Section 3.1(b)(ii) (Design Responsibilities) and Section 4.1(b)(ii) (Construction Responsibilities) of this Agreement, LACMTA may request by Notice that the City prepare a Cost estimate and proposal for the City to perform Design work and/or Construction work with respect to the City Portion of the ESP2 Project. The request submitted by LACMTA shall set out:
(a) the proposed scope, criteria, specifications, and requirements for the proposed City-Performed Project Work which may include Utility Conflicts (taking account of the information identified and agreements reached under EXHIBIT 5 (Utility Adjustment Procedures)); (b) any prescribed governmental and/or lender requirements applicable to the proposed City-Performed Project Work under any applicable grant, funding or financing agreements; and (c) the then-current Project Schedule and proposed schedule for the City-Performed Project Work, including the proposed dates for providing the City and the City Contractors with access to the Project Right-of-Way.

1.2 Within 15 Days after submission of a Notice by LACMTA under Section 1.1 (Request for the City to Perform Design and/or Construction Work) above, the Parties will meet to discuss the request and following such meeting the City will, within 15 Days of such meeting, Notify LACMTA if it is not able to perform or procure the City-Performed Project Work, or within 30 Days of such meeting will provide LACMTA with:
(a) the City's estimate for the Cost of procuring and/or performing the City-Performed Project Work; (b) any City comments or proposed adjustments to LACMTA's proposed schedule for performing the City-Performed Project Work; and
(c) any City comments to the proposed scope, criteria, specifications, and/or requirements for the CityPerformed Project Work.

1.3 The Parties will discuss in good faith the Cost estimate and comments submitted by the City and mutually agree to the scope, criteria, specifications, requirements, Cost estimates, and schedule for the proposed CityPerformed Project Work.

1.4 If the Parties agree that the City will proceed with a procurement for the City-Performed Project Work, the City will submit a Form 60 in accordance with Section 2.3 (Work Orders) of this Agreement and, following agreement of the Parties, LACMTA will issue a Work Order authorizing the performance of the City-Performed Project Work.

2. Schedule for City-Performed Project Work

2.1 Any schedule for City-Performed Project Work prepared and agreed by the Parties under Section 1 above will be aligned with, and allow for, the timely delivery of the City Portion in accordance with the Project Schedule. The agreed schedule for City-Performed Project Work will be attached to the applicable Work Order.

2.2 If at any time the City becomes aware of any delay to the procurement or performance of any City-Performed Project Work, the City shall promptly give Notice to LACMTA to that effect specifying the reason for the delay, the estimated impact to the agreed schedule, and any potential mitigations to recover the schedule.

3. Constructability Reviews of Designs for the City-Performed Project Work Where the City-Performed Project Work includes only Construction work (and not the preparation of the Designs for that Construction work) then, if requested by LACMTA, agreed by the Parties and authorized

EXECUTION VERSION
67 under a Work Order, the City or City Contractor (if included as part of a procurement under Section 4 (Procurement of City-Performed Project Work) below) will perform Design support services including performing constructability reviews prior to commencing the City-Performed Project Work.

4. Procurement of City-Performed Project Work

4.1 Any procurement for City-Performed Project Work that will not be performed by City forces shall be performed:
(a) on the basis of full and open competition;
(b) utilizing the agreed scope, criteria, specifications, and requirements applicable to the scope of the City-Performed Project Work that is being procured;
(c) in accordance with the requirements set out in this EXHIBIT 12 or otherwise under the provisions of this Agreement;
(d) in accordance with the applicable Annual Work Plan and Work Orders, including the agreed schedule set out under the applicable Annual Work Plan and Work Orders; and (e) in accordance with all Governmental Approvals, Applicable Law, and any additional prescribed governmental and/or lender requirements under the applicable grant, funding or financing agreements notified to the City in accordance with Section 2.8 (Governmental and Lender Requirements) of this Agreement.

4.2 Prior to advertising a procurement for the performance (in whole or in part) of City-Performed Project Work, the City shall provide LACMTA with the draft Procurement Documents, including the draft contractual terms and conditions, intended to be issued by the City for that work. LACMTA will review the draft Procurement Documents and provide comments to the City. The Parties will discuss in good faith and resolve comments submitted by LACMTA and mutually agree to the form of Procurement Documents to be issued by the City.

If the Parties are unable to agree to the form of Procurement Documents, LACMTA may withdraw the request for City-Performed Project Work in accordance with Section 4.4 below.

4.3 LACMTA shall have the right to require a minimum number of bids or proposals, to review the bids or proposals received, and to approve the recommendation for contract award prior to presentation to the City Council for award. The City agrees that it shall not present a contract for any part of City-Performed Project Work to the City Council for award until the bidder or proposer proposed for the award has been approved by LACMTA.

4.4 LACMTA reserves the right (in its sole discretion) to withdraw the request for City-Performed Project Work at any time during procurement and to require that the City cancel the procurement and reject all bids or proposals. LACMTA shall be required to reimburse the City for the costs of services in coordinating and managing the procurement in accordance with the terms of the applicable Work Order.

5. Performance of City-Performed Project Work

5.1 After review and Approval of any contract award under Section 4 (Procurement of City-Performed Project Work) of this EXHIBIT 12 and the City's submission of a Form 60 in accordance with Section 2.3 (Work Orders) of this Agreement, LACMTA will issue a Work Order authorizing the performance of the CityPerformed Project Work (or a part of it, as applicable). The payment terms for the City-Performed Project Work will be mutually agreed by the Parties under that Work Order.

5.2 Any City-Performed Project Work shall be performed in accordance with:
(a) in the case of any Construction work, the Final Design for the City-Performed Project Work that is Approved-for-Construction;

EXECUTION VERSION
68 (b) the requirements set out in this EXHIBIT 12 or otherwise under the provisions of this Agreement, and the agreed scope, criteria, specifications, requirements, and contractual terms and conditions; (c) the environmental controls established in the LACMTA Contracts for the ESP2 Project, including construction noise and vibration control, pollution controls, and archaeological and paleontological coordination;
(d) the applicable Annual Work Plan and Work Orders, including the agreed schedule set out under the applicable Annual Work Plan and Work Orders;
(e) good industry practice;
(f) the Project Right-of-Way constraints and other physical limits affecting the City Portion; and (g) the Final Environmental Documents and all other applicable Governmental Approvals, Applicable Law, and any additional prescribed governmental and/or lender requirements under the applicable grant, funding or financing agreements notified to the City in accordance with Section 2.8 (Governmental and Lender Requirements) of this Agreement.

5.3 In performing any City-Performed Project Work, the City and any City Contractors, must comply with all quality assurance, quality control, and quality management requirements set out in the agreed scope, criteria, specifications, and requirements, and in accordance with Applicable Law.

5.4 In performing any City-Performed Project Work, the City and any City Contractors shall coordinate their work with the work of LACMTA and LACMTA Contractors, including as defined under any interface requirements set out in the agreed scope, criteria, specifications, requirements, and contractual terms and conditions.

5.5 The City will obtain LACMTA's Approval for any modifications to any City Contract for City-Performed Project Work, and shall inform LACMTA promptly when the City has reason to believe that the agreed Cost estimate for the City-Performed Project Work is likely to be exceeded, and shall obtain LACMTA authorization of such Cost increase in accordance with Section 2.3 (Work Orders) of this Agreement.

6. Inspection
All City-Performed Project Work will be subject to inspection for conformance to agreed scope, criteria, specifications, requirements, and contractual terms and conditions.

7. Debarred Contractors
In accordance with California Public Contract Code Section 6109(a), the City shall not perform City-Performed Project Work with any contractor who is ineligible to perform work on a public works project pursuant to California Labor Code Section 1777.1 or Section 1777.7. In accordance with California Public Contract Code Section 6109(b), any contract on a public works project entered into between the City and a debarred contractor is void as a matter of law. A debarred contractor may not receive any public money for performing work as a contractor on a public works contract, and any public money that may have been paid to a debarred contractor by the City for City-Performed Project Work shall be returned to LACMTA. The City shall be responsible for the payment of wages to workers of a debarred contractor who has been allowed by the City to perform any City-Performed Project Work. The Parties agree to strictly comply with the Applicable Law, and will act on information related to any debarred contractor in accordance with Applicable Law.

EXECUTION VERSION
69 EXHIBIT 13 – EARLY INVOLVEMENT
Part A: Early Involvement Procedures

1. Initial Meeting(s)
Within 30 Days of delivery of a Notice from LACMTA initiating the Early Involvement Procedures, LACMTA will convene an initial meeting (or initial meetings, as required) with the City. Topics for the initial meeting(s) will include:
(a) an update from LACMTA on the:
(i) LACMTA team members responsible for delivery of the ESP2 Project; (ii) status of the ESP2 Project, including the anticipated Project ROW, funding sources, phasing, and contracting and procurement plan;
(iii) anticipated elements and scope of work within the City Portion; (iv) Project Schedule including the anticipated date for issuance of the Procurement Documents for the ESP2 Project; and
(v) key risks identified for the ESP2 Project that may impact the schedule or implementation of the Design and Construction of any Rearrangements; and
(b) a discussion of the resource needs to support the ESP2 Project and Project Schedule, both in terms of the Early Involvement Procedures and the later phases of the ESP2 Project.

2. Resourcing
If the first Annual Work Plan for the ESP2 Project has not already been agreed and/or a Work Order covering the work, support, and services to be performed as part of the Early Involvement Procedures has not already been authorized, then following the initial meeting(s) held under Section 1 (Initial Meeting(s)) above, the Parties will prepare and agree to the first Annual Work Plan and/or Work Order (as required) in accordance with Sections 2.2 (Annual Work Plan) and 2.3 (Work Orders) of this Agreement.

3. Project Definition

3.1 Review of Design Documentation
(a) To the extent not already submitted to the City prior to the Effective Date, LACMTA will submit to the City the ACE Design Documentation and/or any Design Documentation based on further Design Development undertaken.
(b) LACMTA will convene a workshop(s) to present the ACE Design Documentation and/or Design Documentation based on any further Design Development undertaken. The agenda for the workshop(s) will include discussions of key aspects of the Design of the ESP2 Project that may impact the scope and Basis of Design for the Rearrangements. Such key Design elements may include:
(i) roadway width, alignment and tie-ins
(ii) sidewalk and parkway widths;
(iii) bus/rail interface and bus stops (including bus pad lengths and locations); (iv) curb ramps, radii and ADA requirements;

EXECUTION VERSION
70 (v) signaling, pre-emption, and illumination requirements; (vi) hydraulics and drainage;
(vii) landscaping, tree removals and replacements; and
(viii) track alignment and pedestrian circulation at station plazas. (c) The City will actively participate in the Design workshop(s) and provide LACMTA with written comments to the ACE Design Documentation and any further Design Documentation submitted to it (to the extent not already submitted prior to the Effective Date) in accordance with EXHIBIT 7 (LACMTA Submittal Review Process) to assist in the identification of the scope of Rearrangements, City Standards, Basis of Design, and Utility Adjustments as described below. (d) LACMTA will notify the City of any matters or issues relating to the scope of Rearrangements, Basis of Design, or other matters or issues referred to in this Part A that may be agreed at a later stage based on, among other matters, the contracting and procurement plan and Project Schedule.

3.2 Scope of Rearrangements
(a) Together with the preparation and review of the ACE Design Documentation and any other Design Documentation submitted to the City, the Parties will identify or mutually agree (as applicable) to the scope of Rearrangements for the purpose of issuance of the Procurement Documents for the ESP2 Project as follows:
(i) LACMTA will identify: (A) any removals, replacements, restorations, alterations, reconstruction, support, or relocation of all or a portion of any Conflicting Facilities whether permanent or temporary, and (B) any installation of new City Facilities which LACMTA determines in its sole discretion are necessary to comply with Applicable Law. If the City determines that the join line or tie-in point between any Rearrangements and an existing City Facility as depicted in the Design Documentation is inadequate, LACMTA will perform its evaluation and may add a transition of up to ten linear feet; and (ii) LACMTA and the City will discuss in good faith and mutually agree to: (A) any removals, replacements, restorations, alterations, reconstruction, support, or relocation of all or a portion of any Conflicting Facilities whether permanent or temporary, and (B) any installation of new City Facilities which are necessary in order to construct, operate or maintain the ESP2 Project, or as a result of the impact of the Construction, operation, or maintenance of the ESP2 Project. (b) The Rearrangements identified or mutually agreed to under this Section 3.2 will be listed in the Project Definition.

3.3 Identification of Betterments
(a) To the extent that the City identifies any proposed Betterments falling within paragraph (a) of the definition of "Betterment", during its review of the ACE Design Documentation and any other Design Documentation or otherwise during the activities under this Part A, it will submit a completed City Betterment Request for LACMTA's review and Approval in accordance with Section 5.1 (Notice of Betterments) of this Agreement.
(b) LACMTA will review any City Betterment Requests submitted by the City and counter-sign the City Betterment Request to the extent a requested Betterment is approved in accordance with Section 5.2 (Approval of Betterments) of this Agreement.
(c) Any Betterments approved by LACMTA for inclusion in the ESP2 Project (at the City’s cost, in accordance with the Agreement) will be included in the Project Definition as described under Section

EXECUTION VERSION
71 3.11 (Establishing the Project Definition) below. The Parties acknowledge that any additional mitigations (at the City’s cost) with respect to the Betterment may need to be included and addressed in the Final Environmental Documents and the City agrees to cooperate with LACMTA in providing all such information and documents as may be required for this purpose.

3.4 Initial Identification of Utility Conflicts
(a) Together with the preparation and review of the ACE Design Documentation, any other Design Documentation, and otherwise as requested by LACMTA, the City will coordinate and cooperate with LACMTA in providing any locational data or other information as described in Section 1 (Identification of Utility Conflicts) of EXHIBIT 5 (Utility Adjustment Procedures). (b) Prior to establishing the Project Definition, LACMTA may submit an initial list of identified Utility Conflicts as described in Section 1 (Identification of Utility Conflicts) of EXHIBIT 5 (Utility Adjustment Procedures), in which case the Parties will perform the activities under Sections 2.1 and 2.2 (Interface with Utility Owner) of EXHIBIT 5 (Utility Adjustment Procedures) with respect to the Utility Conflicts identified on that initial list.

3.5 City Standards
(a) Following identification of a Rearrangement under Section 3.2 (Scope of Rearrangements) above, the City will review the list of City Standards set out in EXHIBIT 6 (Design Requirements) of this Agreement or otherwise notified to LACMTA and confirm to LACMTA in writing the City Standards applicable to the Design, Construction, and submission of as-built drawings for the Rearrangement, and any amendments or additions to those City Standards applicable to the Design and Construction of the Rearrangement.
(b) LACMTA will notify the City if it objects to the City’s list of applicable City Standards on the basis of Section 3.5 (City Standards) of this Agreement and/or of any requested deviations to those City Standards necessary for the ESP2 Project.
(c) The list of City Standards (and any deviations) agreed to by the Parties will be included in the Project Definition as described under Section 3.11 (Establishing the Project Definition) below.

3.6 Basis of Design
(a) LACMTA may convene and the City will participate in workshop(s) to discuss the scope, criteria, specifications and requirements for each Rearrangement. (b) Following presentation of the ACE Design Documentation and any other Design Documentation, and identification of a Rearrangement under Section 3.2 (Scope of Rearrangements), and the workshops and provision of information under Section 3.6(a) above, LACMTA will submit for City review the draft scope, criteria, specifications and requirements for that Rearrangement that form or are intended to form, the basis of the Procurement Documents to be issued by LACMTA and that include the Design and/or Construction of the Rearrangement within its scope. Together with such submission, LACMTA will submit a table of requested deviations from any City Design or Construction criteria notified to LACMTA under Section 3.6(a) above. The City will review the draft scope, criteria, specifications and requirements for that Rearrangement for compliance with the City Standards identified under Section

3.5 (City Standards) above and otherwise for compliance with this Agreement and provide comments to LACMTA in accordance with EXHIBIT 7 (LACMTA Submittal Review Procedure). (c) The Parties will discuss in good faith and resolve comments submitted by the City and mutually agree to the Basis of Design. The Basis of Design agreed by the Parties will be included in the Project Definition as described under Section 3.11 (Establishing the Project Definition) below.

EXECUTION VERSION
72 3.7 Construction Requirements
The Parties will discuss in good faith the key aspects of Construction for the ESP2 Project. Such elements may include:
(a) variances, full street closures, lane closures and streets subject to any other street closure restrictions, including discussion and identification of any required City Council approvals, and lead time for City Council approvals or other proceedings that may be required for potential street closures or other significant Construction operations;
(b) instrumentation; and
(c) support of excavation requirements.

The approach to these elements agreed by the Parties will be included in the Project Definition as described under Section 3.11 (Establishing the Project Definition) below.

3.8 Allocation of Responsibilities
LACMTA will discuss allocation of responsibilities for Design and Construction and may request that the City:
(a) perform Design and/or Construction work with respect to a Rearrangement in accordance with Sections 3.1 (Design Responsibilities) and 4.1 (Construction Responsibilities) of this Agreement; and/or
(b) perform additional Construction work with respect to the City Portion of the ESP2 Project that is not part of any Rearrangement in accordance with Section 4.1 (Construction Responsibilities) of this Agreement and pursuant to the procedures and subject to the requirements set out under EXHIBIT 12 (City-Performed Project Work).

3.9 Anticipated Schedule and Resource Requirements
(a) LACMTA will convene a schedule workshop to present to the City the anticipated Project Schedule for the City Portion including the schedule for procurement, Design Development, right of way acquisition, Construction, testing and commissioning.
(b) The Parties will review the anticipated Project Schedule, acknowledging it is preliminary, and acknowledging that the scheduling of Design Package reviews will be established by the applicable LACMTA Contractor, and look ahead to forecast resource requirements for the City to be able to support timely delivery of the ESP2 Project in accordance with the terms of this Agreement, taking into account the allocation of responsibilities under Section 3.8 (Allocation of Responsibilities) above.

3.10 Anticipated Interfaces and Adjacent Work
(a) In accordance with the terms of this Agreement, City will promptly notify LACMTA of any known or anticipated Adjacent Work and any other known or anticipated Design or Construction interfaces with respect to the ESP2 Project. In addition, the City will promptly notify LACMTA of any known deficiencies in any City Facilities within the City Portion for the ESP2 Project that may reasonably be expected to give rise to Adjacent Work or a Design or Construction interface with respect to the ESP2 Project.
(b) LACMTA will convene and the City will participate in any Adjacent Work or other interface workshop(s) to agree to the approach to coordinating Design inputs and scheduling of Construction or other work.

EXECUTION VERSION
73 3.11 Establishing the Project Definition
(a) All matters agreed under this Part A will be documented by the Parties, in the form of Project Definition set out in Part C (Form of Project Definition) of this EXHIBIT 13. LACMTA will prepare and sign the Project Definition and submit it to the City for the City's review, acceptance and counter-signature. (b) Any matters not agreed at the time of documenting and signing the Project Definition will be described in the Project Definition. Unless LACMTA has notified the City that such outstanding matters may be agreed at a later stage of the ESP2 Project based on, among other matters, the contracting and procurement plan and Project Schedule, matters marked as not agreed will be referred to the Level 2 decision makers identified in Part C (Issue Resolution Ladder and Decision-Making) of EXHIBIT 4 (Roles and Responsibilities) for the purposes of achieving resolution prior to the scheduled advertisement of the Procurement Documents associated with the Design of the Rearrangements.

EXECUTION VERSION
74 Part B: Reimbursement for Participation in Early Involvement Procedures

1. Eligible for Reimbursement
The following activities performed as part of the Early Involvement Procedures are eligible for reimbursement in accordance with Sections 2.3 (Work Orders) and 7.1 (Reimbursements to the City) of this Agreement:
(a) Review of ACE Design Documentation and other Design Documentation submitted to the City for purposes of defining and agreeing to the Project Definition; and (b) All technical, support services, and other activities described in Part A (Early Involvement) of this EXHIBIT 13 and not expressly excluded under Section 2 (Not Eligible for Reimbursement) below.

2. Not Eligible for Reimbursement
The following activities performed as part of the Early Involvement Procedures are not eligible for reimbursement in accordance with Sections 2.3 (Work Orders) and 7.1 (Reimbursements to the City) of this Agreement:
(a) participation in and coordination of community engagement activities; (b) performance by the City of its obligations as a responsible agency or cooperating agency (as applicable) for the purposes of the environmental review and approval process for the ESP2 Project, including:
(i) provision of as-builts or other necessary information, documents, or data; (ii) review of draft environmental documents;
(iii) providing feedback on the scope of the project transportation analysis; (iv) access, safety and operational analyses;
(v) identifying City or LACMTA-led projects that can off-set vehicle miles traveled (VMT); (vi) station connectivity analyses, as applicable;
(vii) feasibility study review and comment;
(viii) alternatives assessment review and comment;
(ix) public right-of-way protocols;
(x) tree removals to be addressed in the environmental documents; and (xi) support for outreach to stakeholders during the Planning and Advanced Conceptual Engineering Phase.

EXECUTION VERSION
75 Part C: Form of Project Definition
PROJECT DEFINITION FOR THE ESP2 PROJECT
This Project Definition has been agreed in accordance with the Cooperative Agreement between LACMTA and the City dated [] ("Agreement"). Words defined in the Agreement have the same meaning in this Project Definition.

IMPORTANT NOTICE:
(1) This is the Project Definition for the ESP2 Project and will apply to the ESP2 Project as set out in the Agreement, subject only to amendments made in accordance with the terms of the Agreement and to any matters marked as not yet agreed in this Project Definition. (2) In accordance with the Agreement and subject only to amendments made in accordance with the Agreement, the City acknowledges that, with respect to the ESP2 Project in this Project Definition:
(a) LACMTA will rely on this Project Definition to prepare and advertise the applicable Procurement Documents (Section 2.10 (Early Involvement) of the Agreement); and (b) any changes or additions to the Basis of Design, including to the City Standards included in the Basis of Design, applicable to a Rearrangement after the establishment of this Project Definition shall, subject to Section 2.10(d) (Early Involvement) of the Agreement and the exclusions set out in the definition of "Betterment" under the Agreement, be deemed a Betterment for the purposes of the Agreement (Section 2.10 (Early Involvement) of the Agreement).

Project Details
Date of Project Definition: [Insert date of notice.]
LACMTA Representative: [Include name.]
City Representative: [Include name]
Project Short Description: [Insert short (2-3 paragraphs) description of the project (including any updates since issuance of the LACMTA Project Notice), including the project objectives.] Project URL: [Include a link to the LACMTA project webpage for the project where further details have been or will be posted.]
Project Environmental
Documents:
[Include a link to the LACMTA project webpage for the project where the environmental documents have been or will be posted.]
Anticipated Contract
Packages and Anticipated
Project Delivery Method for
each Contract Package:
[Confirm/identify the anticipated contract packages, for example, LACMTA retained scope, any AUR or other advanced work contract packages, and the core scope package. For each contract package, confirm/identify the anticipated project delivery method.]
Anticipated Funding
Sources:
[For the purposes of giving an indication of whether federal requirements will apply, confirm/identify the current anticipated funding sources (local, state, and/or federal).]
Anticipated Schedule
(Anticipated Key Milestone
Dates):
[Include a summary or attachment showing the current anticipated schedule, including the key milestones relevant to this Agreement. In particular, the anticipated dates/milestones for advertisement of the Procurement Documents, Design Phase and Construction Phase.]

EXECUTION VERSION
76 Anticipated Project ROW /
City Portion:
[Include a reference to the relevant drawings/ alignment definition under the environmental documents.]
Anticipated Resource
Needs:
[Document any discussions regarding forward-planning for resource needs for the project.]
Agreed Scope, Basis of Design and City Standards
Design Documentation
Reviewed
LACMTA and the City confirm that they have reviewed the ACE Documentation and other Design Documentation prepared as attached to this Project Definition as Attachment [•] and that comments were received and resolved as set out in Attachment [•].

Key Design elements: LACMTA and the City have identified the following key Design elements as being applicable to the ESP2 Project and have resolved them as set out below: [Describe here or in an attachment. This may include cross-references to the Basis of Design/City Standards referenced in other sections of the Project Definition] Key Design Elements Agreed approach
Roadway width, alignment and tie-ins
Sidewalk and parkway width
Bus/rail interface and bus stops
(including bus pad lengths and
locations)
Curb ramps, radii and ADA
requirements
Signaling, pre-emption, and
illumination requirements
Hydraulics and drainage
Landscaping, tree removals and
replacements
Track alignment and pedestrian
circulation at station plazas
Scope of Rearrangements: [Here or by attachment or reference to the ACE, describe the scope of Rearrangements agreed upon.]
Betterments: In accordance with the Agreement, the Betterments described in the Potential Notices of Betterment, signed by the City and accepted, authorized and countersigned by LACMTA, attached under Attachment [  ] to this Project Definition will be incorporated into the scope of the project, at the City's cost.

Utility Adjustments: [Here or by attachment, describe any Utility Conflicts already identified and any agreements reached as to the timing, approach, and roles and responsibilities for the related Utility Adjustments.]

EXECUTION VERSION
77 City Standards: The Parties agree that the City Standards set out in the Basis of Design and provided to LACMTA on a data storage device such as a flash drive or CD-ROM, will apply to the Design of the Rearrangements, subject to any approved deviations described.

Basis of Design: The mutually agreed Basis of Design for the Rearrangements to be performed within the scope of the ESP2 Project is attached as Attachment [] to this Project Definition.

Construction Requirements LACMTA and the City have identified the following key Construction requirements as being applicable to the ESP2 Project and have addressed them as set out [below]/[in Attachment []]
Full street closures, lane closures and
streets subject to any other street
closure restrictions, including
discussion and identification of any
required City Council approvals, and
lead time for City Council approvals or
other proceedings that may be
required for potential street closures
or other significant Construction
operations
[Here or by attachment, describe any
the street closures, etc. required for
the ESP2 Project and the approach
discussed, including any required City
Council approvals.]
Instrumentation [Here or by attachment, describe how
this will be addressed for the ESP2
Project.]
Support of excavation requirements [Here or by attachment, describe how this will be addressed for the ESP2
Project]
Allocation of
Responsibilities:
[To the extent Design and Construction responsibilities have been allocated to the City, describe those here.]
Anticipated Adjacent Work
or Other Interfaces:
[To the extent Adjacent Work or other interfaces (or deficiencies in existing City Facilities that may reasonably be expected to give rise to Adjacent Work or a Design or Construction interface with respect to the project) are identified, document those here or in an Attachment, together with any agreed approaches to coordinate that work or interface.]
Outstanding Matters for
Resolution:
[To the extent any matters remain outstanding, describe those here (or in an attachment).]

ACKNOWLEDGED AND AGREED

LACMTA REPRESENTATIVE
By: ____________________________
Name: ____________________________
Title: _______________________________

CITY REPRESENTATIVE
By: ____________________________
Name: ____________________________
Title: _______________________________

EXECUTION VERSION
78 Attachments to Project Definition
[List and incorporate attachments]
To: Mayor and City Council
From: City Manager
Meeting Date: April 22, 2025
Subject: CRIMSON CALIFORNIA PIPELINE – FRANCHISE RENEWAL

SETTING PUBLIC HEARING DATE
Recommendation:

1. Approve a resolution initiating the renewal of the Crimson California, L.P. pipeline franchise by setting May 27, 2025, as the date for the public hearing for the first reading of the renewal ordinance, which is within the required 20-to-60-day period following passage of the resolution; and

2. Direct the City Clerk to publish the Notice of Public Hearing at least once within fifteen (15) days after the passage of the resolution in a newspaper of general circulation.

Fiscal Impact:

Approval of the proposed pipeline franchise renewal ordinance/agreement will provide for the continuation of annual franchise fee contributions to the City of Pico Rivera's (City) general fund in the amount of approximately $191 annually, and in addition to a one-time renewal fee of $1,400 (Account No. 100.00.0000-40200 (Franchise Tax).

Background:

On August 7, 2000, the City Council adopted Ordinance No. 949, granting Tosco Corporation, a franchise, to install and operate pipelines and related infrastructure for the transmission and distribution of oil and petroleum products beneath and along City streets. This franchise succeeded a prior franchise originally granted to Union Oil Company under Ordinance No. 531, which had been in effect since 1974.

On November 5, 2008, the City Manager approved the transfer of the franchise to Crimson California, L.P., the successor in interest to the pipeline assets and the current franchise holder.
6 CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 22, 2025 CRIMSON CALIFORNIA PIPELINE – FRANCHISE RENEWAL SETTING PUBLIC

HEARING DATE

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Pico Rivera City CouncilApril 22, 2025

Pico Rivera City Council
April 22, 2025