Agenda packet — Pico Rivera City Council, December 9, 2025 (part 3 of 4)

consideration. The City Council has the option of reappointing the existing members or appointing other individuals of their choosing to serve on these commissions. Staff have received the names submitted by the City Council Members and the names are included in the attached resolutions. It is recommended that the City Council approve the resolutions appointing commissioners to the aforementioned commissions.

Steve Carmona
SC:CA:gsm
Enclosure(s): 1) Resolution (Planning)
2) Resolution (Parks and Recreation)
3) Resolution (Veterans)
4) Resolution (Sister City)
RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO

RIVERA, CALIFORNIA, APPOINTING THE FOLLOWING CITY
ELECTORS: TOMMY ELISALDEZ; ESTHER CELIZ; ARIC MARTINEZ; YARISMA ROCHA; AND JUSTIN SCHMIDT TO THE PLANNING

COMMISSION FOR A TWO-YEAR TERM SAID TO EXPIRE DECEMBER
2027
WHEREAS, Section 2.44.010 of the Pico Rivera Municipal Code creates the Planning Commission; and
WHEREAS, Section 2.44.020 of said code provides for the appointment of a Planning Commission of five members who shall be qualified electors of the City; and WHEREAS, City Council Ordinance No. 1014 provides for the appointment of Planning Commissioners for specified terms; and
WHEREAS, Mayor Garcia has recommended the appointment of Tommy Elisaldez to the Planning Commission; and
WHEREAS, Mayor Pro Tem Camacho has recommended the appointment of Yarisma Rocha to the Planning Commission; and
WHEREAS, Councilmember Dr. Sanchez has recommended the appointment of Esther Celiz to the Planning Commission; and
WHEREAS, Councilmember Lara has recommended the appointment of Aric Martinez to the Planning Commission; and
WHEREAS, Councilmember Lutz has recommended the appointment of Justin Schmidt to the Planning Commission.

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

SECTION 1. That the following individuals is hereby appointed to the Planning Commission:

Esther Celiz
Tommy Elisaldez
Aric Martinez
Yarisma Rocha
Justin Schmidt
Said term shall commence on December 9, 2025 and expire on December 14, Enclosure 1
5a
RESOLUTION NO. ____

Page 2 of 2 ends

2027, or at the time a successor is appointed, whichever is later.

SECTION 2. This resolution shall take effect immediately upon passage and adoption.

SECTION 3. That the City Clerk shall certify the passage of this resolution and it shall thereupon be in full force and effect.

APPROVED AND PASSED this 9th day of December, 2025.
__________________________________
John R. Garcia, Mayor
ATTEST: APPROVED AS TO FORM:

_________________________________ __________________________________ Cynthia Ayala, CMC, City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES:

NOES:

RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO

RIVERA, CALIFORNIA, APPOINTING THE FOLLOWING CITY
ELECTORS: PATRICIA A. SAUCEDO; ROCIO PARRA; KIMBERLY M.

GARCIA; AND JORGE ARMANDO FLORES; TO THE PARKS AND

RECREATION COMMISSION FOR A TWO-YEAR TERM SAID TO
EXPIRE DECEMBER 2027
WHEREAS, Section 2.53.010 of the Pico Rivera Municipal Code creates the Parks and Recreation Commission; and
WHEREAS, Section 2.53.020 of said code provides for the appointment of a Parks and Recreation Commission of five members who shall be qualified electors of the City; and
WHEREAS, City Council Ordinance No. 1036 provides for the appointment of Parks and Recreation Commissioners for specified terms; and WHEREAS, Mayor Garcia has recommended the appointment of Patricia A.

Saucedo to the Parks and Recreation Commission; and
WHEREAS, Mayor Pro Tem Camacho has recommended the appointment of Kimberly M. Garcia to the Parks and Recreation Commission; and WHEREAS, Councilmember Dr. Sanchez has recommended the appointment of Rocio Parra to the Parks and Recreation Commission; and WHEREAS, Councilmember Lara has recommended the appointment of Jorge Armando Flores to the Parks and Recreation Commission; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pico Rivera as follows:

SECTION 1. That the following individuals is hereby appointed to the Parks and Recreation Commission:

Rocio Parra
Patricia A. Saucedo
Kimberly M. Garcia
Jorge Armando Flores
Said term shall commence on December 9, 2025 and expire on December 14, 2027, or at the time a successor is appointed, whichever is later.

SECTION 2. This resolution shall take effect immediately upon passage and adoption.

SECTION 3. That the City Clerk shall certify to the adoption and passage of this resolution and it shall thereupon be in full force and effect.

Enclosure 2
5b
RESOLUTION NO. ______

Page 2 of 2 ends

APPROVED AND PASSED this 9th day of December, 2025.
__________________________________
John R. Garcia, Mayor
ATTEST: APPROVED AS TO FORM:

_________________________________ __________________________________ Cynthia Ayala, CMC, City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES:

NOES:

RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO

RIVERA, CALIFORNIA, APPOINTING THE FOLLOWING CITY
ELECTORS: PAUL CAMACHO; BOBBIE TANNER; DANIEL GARCIA;

AND GIL PEREZ TO THE VETERANS COMMISSION FOR A TWO-YEAR TERM SAID TO EXPIRE DECEMBER 2027
WHEREAS, Section 2.55.010 of the Pico Rivera Municipal Code creates the Veterans Commission; and
WHEREAS, Section 2.55.020 of said code provides for the appointment of a Veterans Commission of five members who shall be qualified electors of the City; and WHEREAS, City Council Ordinance No. 1155 provides for the appointment of Veterans Commissioners for specified terms; and
WHEREAS, Mayor Garcia has recommended the appointment of Paul Camacho to the Veterans Commission; and
WHEREAS, Mayor Pro Tempore Camacho has recommended the appointment of Daniel Garcia to the Veterans Commission; and
WHEREAS, Councilmember Dr. Sanchez has recommended the appointment of Bobbie Tanner to the Veterans Commission; and
WHEREAS, Councilmember Lutz has recommended the appointment of Gil Perez to the Veterans Commission.

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

SECTION 1. That the following individuals are hereby appointed to the Veterans Commission:

Bobbie Tanner
Daniel Garcia
Paul Camacho
Gil Perez
Said term shall commence on December 9, 2025 and expire on December 14, 2027 or at the time a successor is appointed, whichever is later.

SECTION 2. This resolution shall take effect immediately upon passage and adoption.

SECTION 3. That the City Clerk shall certify to the adoption and passage of this resolution and it shall thereupon be in full force and effect.

Enclosure 3
5c
RESOLUTION NO. ______

Page 2 of 2 ends

ADOPTED AND APPROVED this 9th day of December, 2025.

______________________________________
John R. Garcia, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _____________________________________ Cynthia Ayala, CMC, City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES:

NOES:

RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO

RIVERA, CALIFORNIA, APPOINTING THE FOLLOWING CITY
ELECTORS: FERNANDO CENTENO; BOB PEREZ; ALDO MACIAS
ARELLANO; ANA ROSA ASCENCIO; AND FERNANDO LOPEZ TO THE

SISTER CITY COMMISSION FOR A TWO-YEAR TERM SAID TO EXPIRE DECEMBER 2027
WHEREAS, Section 2.54.010 of the Pico Rivera Municipal Code creates the Sister City Commission; and
WHEREAS, Section 2.54.020 of said code provides for the appointment of a Sister City Commission of five members who shall be qualified electors of the City; and WHEREAS, City Council Ordinance No. 1037 provides for the appointment of Sister City Commissioners for specified terms; and
WHEREAS, Mayor Garcia has recommended the appointment of Fernando Lopez to the Sister City Commission; and
WHEREAS, Mayor Pro Tem Camacho has recommended the appointment of Aldo Macias Arellano to the Sister City Commission; and WHEREAS, Councilmember Dr. Sanchez has recommended the appointment of Fernando Centeno to the Sister City Commission; and
WHEREAS, Councilmember Lara has recommended the appointment of Bob Perez to the Sister City Commission; and
WHEREAS, Councilmember Lutz has recommended the appointment of Ana Rosa Ascencio to the Sister City Commission.

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

SECTION 1. That the following individuals is hereby appointed to the Sister City Commission:

Fernando Centeno
Aldo Macias Arellano
Bob Perez
Ana Rosa Ascencio
Fernando Lopez
Enclosure 4
5d
RESOLUTION NO. ____

Page 2 of 2 ends

Said term shall commence on December 9, 2025 and expire on December 14, 2027 or at the time a successor is appointed, whichever is later.

SECTION 2. This resolution shall take effect immediately upon passage and adoption.

SECTION 3. That the City Clerk shall certify the approval and passage of this resolution and it shall thereupon be in full force and effect.

APPROVED AND PASSED this 9th day of December, 2025.
__________________________________
John R. Garcia, Mayor
ATTEST: APPROVED AS TO FORM:

_________________________________ __________________________________ Cynthia Ayala, CMC, City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES:

NOES:

To: Mayor and City Council
From: City Manager
Meeting Date: December 9, 2025
Subject: LEASE AND MAINTENANCE AGREEMENT WITH IBE DIGITAL

FOR CITYWIDE PRINTING SERVICES
Recommendation:

1. Approve a Lease and Maintenance Agreement with IBE Digital for the upgrade of the City’s current printers, in an amount not-to-exceed $517,979 for the term of 60 months, utilizing Sourcewell Contract No. 112124-KON, and authorize the City Manager to execute the agreement.

Strategic Priority:
1 - Fiscal & Organizational Sustainability - Create a City government build to adapt to change.

Strategy:

1.3 Improve organizational effectiveness to reduce costs and streamline efforts.

Fiscal Impact:

The fiscal year (FY) 2025-26 Adopted Budget includes sufficient funding in General Fund Account No. 100.90.9002-52400 (Print Duplicate and Photocopying) to fund the printing service lease and maintenance. Future appropriations will be incorporated into the subsequent fiscal year’s budgets.

Background:

In 2015, the City of Pico Rivera (City) entered a 5-year lease agreement (Agreement No. 15-1628) with IBE Digital to upgrade printing and copier device and services. IBE Digital provided exceptional services and were given another 5-year lease in 2020 under agreement (Agreement No. 20-1974) that included upgrading 14 new copy machines and software services.
6 CITY COUNCIL AGENDA REPORT – MEETING OF DECEMBER 9, 2025

LEASE AND MAINTENANCE AGREEMENT WITH IBE DIGITAL FOR CITYWIDE

PRINTING SERVICES

Page 2 of 4 ends

Building on this successful partnership, the City now proposes a new 60-month lease agreement with IBE Digital. This agreement will upgrade the City’s existing fleet from 14 to 17 new copy machines with expanded printing capabilities. The upgrade also includes enhanced cybersecurity features and iClass card readers to prevent unauthorized access.

The addition of three (3) new printers will improve staff accessibility to printing resources, enhancing efficiency and productivity across City departments.

The proposal includes flat rate fixed pricing with unlimited printing capability with no overages, no allotments and includes staples and freight charges.

However, the lease agreement provides that the vendor may increase the service payment and cost per page by up to 10% annually.
[This space intentionally left blank]
CITY COUNCIL AGENDA REPORT – MEETING OF DECEMBER 9, 2025

LEASE AND MAINTENANCE AGREEMENT WITH IBE DIGITAL FOR CITYWIDE

PRINTING SERVICES

Page 3 of 4 ends

The following table outlines the estimated cost by category and by agreement years:

Proposal
Description Quantity
Konica Minolta Multi Multi-Functional Printers
(C451i = 14 and C4051i = 3)
17 Description\Year 12/2025-
11/2026 (Y1)
12/2026-
11/2027 (Y2)
12/2027-
11/2028 (Y3)
12/2028-
11/2029 (Y4)
12/2029-
11/2030 (Y5)
Monthly Equipment
Lease $ 2,995.49 $ 2,995.49 $ 2,995.49 $ 2,995.49 $ 2,995.49 Monthly Service
Payment $ 3,690.00 $ 3,690.00 $ 4,059.00 $ 4,464.90 $ 4,911.39 Monthly Service
Payment 10%
Increase for Year
2-5
$ - $ 369.00 $ 405.90 $ 446.49 $ 491.14
Monthly Papercut
Payment $ 293.96 $ 293.96 $ 293.96 $ 293.96 $ 293.96
Monthly Taxes
(10.75%) $ 750.29 $ 789.96 $ 833.59 $ 881.59 $ 934.39
Total Monthly
Expenditures $ 7,729.74 $ 8,138.41 $ 8,587.94 $ 9,082.43 $ 9,626.37 Total Annual Cost $ 92,756.89 $ 97,660.92 $ 103,055.31 $ 108,989.16 $ 115,516.44 $517,979 The total five-year estimated cost would be $517,979. The proposal pricing is compliant with Sourcewell Contract #112124-KON.

Discussion:

Since 2015, the City has partnered with IBE Digital for the provision of printing and copier devices, along with ongoing maintenance and support services. IBE Digital has consistently delivered exceptional service, maintaining 99.77% machine availability, 100% Net Promoter Score, and over 77% first-call resolution thus demonstrating reliable operations and high user satisfaction. The company has also been recognized with Konica Minolta’s Pro-Tech Award for eight (8) consecutive years, affirming its technical expertise, customer-first culture and adherence to industry-leading standards. With over four (4) decades of experience serving municipalities and public agencies across Southern California, IBE Digital has proven to be a trusted partner.

CITY COUNCIL AGENDA REPORT – MEETING OF DECEMBER 9, 2025

LEASE AND MAINTENANCE AGREEMENT WITH IBE DIGITAL FOR CITYWIDE

PRINTING SERVICES

Page 4 of 4 ends

All proposed 17 devices include Bitdefender Antivirus, iClass card readers, Enhanced PDF OCR Scanning, standardized across the City’s fleet to strengthen document security, prevent malware threats, and improve document searchability and digital workflow efficiency.

The proposal (Enclosure 2) offers the City a simple and predictable monthly cost that includes all service, supplies, parts, labor, staples, and freight thus eliminating overage fees and volume-based billing. This structure promotes easier budgeting, administrative simplicity, and uninterrupted service for all departments, providing stability and transparency in ongoing operational costs.

The City utilized the existing Sourcewell Contract No. 112124-KON with Konica Minolta Business Services. The pricing included in the proposal is based on this Sourcewell contract, resulting in cost savings for the project. National pricing was negotiated between Sourcewell and Konica Minolta, and IBE Digital will fulfill the contractual obligations for the City. Utilizing Sourcewell’s contract pricing is authorized under Pico Rivera Municipal Code Section 3.20.030(C).

Conclusion:

Staff recommend authorizing the City Manager to execute a Lease and Maintenance Agreement with IBE Digital to continue its partnership with a proven vendor while modernizing its printing infrastructure. The new equipment and enhanced security features will increase reliability, improve staff productivity, and ensure cost-effective management of citywide printing services.

Steve Carmona
SC:AG:AM:smc
Enclosure(s): 1) IBE Digital Maintenance and Support Agreement 2) IBE Digital Proposal
3) IBE Digital Rental (CPC) Agreement
4) Sourcewell Contract 112124-KON
1 of 3
Maintenance and Support Agreement
Customer Information
Location Bill To
Company Name: Company Name:

Street Address: Street Address:

City: State: Zip: City: State: Zip:

Main Phone: Main Fax: Main Phone: Main Fax:

Key Operator’s Name: Location: Buyer’s Name: Title:

Key Operator’s Phone #: Key Operator’s Fax #: Buyer’s Phone #: Buyer’s Fax #:

Meter Read Contact Name: Meter Read Contact Email: Meter Read Contact Phone: Meter Read Contact Fax:

Tax Exempt? Yes No Seller’s Permit Number:________________ CA Resale Certificate Must Be Attached PO Required? Yes No PO Number:______________ PO Expiration Date: ______________ Individual PO Blanket PO PO Contact_______________ Email:______________ Phone:_____________ Equipment Covered and Pricing
Equipment Covered By This Agreement: Contract Term (Months):

Equipment Brand and
Model
Serial No: IBE’s
Equip. ID
Meters
Type
Start
Meters
Base
Charge
Copies
Included
Overage
Rates
Installation
Location
B&W
Color
B&W
Color
B&W
Color
B&W
Color
B&W
Color
Coverage/Billing Options
Coverage Options:

Select Options Supply Included Staples Included Freight Included Billing Options:

Initial Term in Months:

Flat Rate Frequency: Monthly Quarterly Annually
Meter Frequency: Monthly Quarterly Annually
Aggregate Volume:

Effective Date: On Install Date:_______________
Billing Date: Selected By IBE:______________ Preferred Date:_____________ ͺͺͺͺͺͺͺͺ
ENCLOSURE 1
6a
2 of 3
Terms and Conditions
GENERAL SCOPE OF COVERAGE: In consideration for the payment by customer of the maintenance charges set forth herein, except as provided herein, IBE Digital shall provide all labor, parts and materials required for the maintenance and minor repair of the equipment, set forth on the reverse side hereof, which adjustment and maintenance is caused by the Customer's normal, non-commercial use of the equipment. Damage to the equipment or components arising out of misuse, negligence, neglect or causes beyond IBE's reasonable control are not covered. Not included in the maintenance and support agreement unless stated otherwise are paper, staples, freight, and network support.

SERVICE CALLS: Service calls under this agreement will be performed during normal business hours at the installation address shown on this agreement. Travel and labor time for service calls after normal hours, on weekends and on holidays, if and when available, will be paid by Customer at the overtime rates in effect at the time the service call is made. Customer agrees to promptly notify IBE of any requests for service, by contacting the IBE Service Department. During the performance of IBE’s maintenance services, Customer agrees that IBE shall have the right to generate all copies/prints/faxes necessary to properly perform its service without being required to credit Customer's account. This agreement does not include mileage on service calls for customers outside of IBE 's normal service area. Service performed after the termination, expiration or non renewal of this agreement will be paid for by Customer on a "Per Call" basis at IBE 's then published rates. All on-site service calls are billed at a one-hour minimum and 15 minute increments thereafter. All phone support is billed in 15 minute increments.

CHARGES: The initial charge for maintenance under this agreement shall be the amount set forth on the reverse side hereof. Customer agrees to pay IBE up to $175.00 on the due date of the first payment to cover the expense of originating the agreement and delivery of the equipment. The maintenance charge may be changed annually to the then effective IBE rates.

Customer agrees to pay the total of all charges for maintenance during the initial term and any renewal term within 10 days of the due date or of the date on which IBE invoices Customer for such charges, whichever is earlier. IBE reserves the right to withhold service or supplies if any charges become past due, regardless of whether those charges are related to this Agreement or the equipment covered by this Agreement. Customer understands that alterations, attachments, or specification changes to the equipment may require an increase in maintenance charges and agrees to pay such charges promptly when due. IBE reserves the right to charge a processing/handling fee. Customer agrees that IBE may increase the base charge and overage rates each year during any term by an amount not to exceed 10%. Customer agrees that the base charge and overage rates may be proportionately increased at any time if our estimated average page coverage is exceeded. We will compare the actual quantity of supplies shipped to you against your inventory and the equipment meter reading(s). This comparison is based on the manufacturers published supply yield for 8 ½ x 11 images. You agree that we reserve the right to bill you for any increased supply usage in excess of the manufacturers published yield. Labor for the installation of memory upgrades or other upgrades and enhancements, or parts and supplies not provided by IBE, are not covered by this agreement and will be installed on a "Per Call" basis at IBE 's then published rates. Appropriate taxes will apply.

METER READINGS: Customer agrees to provide IBE true and accurate meter readings monthly and in any reasonable manner requested by IBE. If accurate meter readings are not provided, IBE reserves the right to estimate Customer's meter readings based upon previous meter readings and bill Customer based upon such estimates or send an IBE representative to visually inspect such meter readings, in which event Customer shall also pay IBE an additional charge for such site visit.

RECONDITIONING: In the event Customer's equipment cannot be properly maintained by IBE, due to the age or condition of the equipment, to perform on a reasonably consistent and good quality basis, Customer's equipment may need to be replaced or reconditioned. When, in its sole discretion, IBE determines reconditioning is necessary to keep the equipment in good working condition, IBE will submit to customer, an estimate of the reconditioning costs which will be in addition to the charge payable under this Agreement. If the customer does not authorize such reconditioning, IBE may discontinue service of the equipment, terminate this agreement, and refund the unused portion of the maintenance charge, if any, or give notice of its intention not to renew this agreement upon its expiration. Thereafter, service will be available on a "Per Call" basis at IBE 's published rates.

TERM, TERMINATION AND RENEWAL: This agreement shall become effective upon the proper execution of this Agreement by Customer and IBE, and shall continue for a minimum of 60 months, or the time period specified on the reverse side hereof, or shall continue until Customer has generated the maximum number of copies/prints/faxes shown on this agreement, whichever occurs first. This agreement shall automatically renew for successive similar periods or number of copies/prints/faxes unless written notice is received by the non-terminating party 30 days prior to the expiration date, as extended, or approximately 30 days prior to the expected generation of the maximum number of copies/prints/faxes, as extended. IBE reserves the right to modify the maximum number of copies/prints/ faxes in any renewal in a good faith attempt to approximate the number of copies/prints/faxes Customer would generate during the covered period. Notice of the election not to renew this agreement, shall be sent, by the terminating party to the non-terminating party, by IBE's regular address (If Customer is terminating party). Notwithstanding anything to the contrary, IBE may terminate this agreement at any time in the event (a) the equipment is modified, damaged, altered, serviced by personnel other than those employed by IBE, or if parts, supplies, accessories or components not authorized by IBE are fitted to or used in the equipment; or (b) if the Customer uses supplies other than IBE supplies and such supplies are defective or not acceptable for use in IBE equipment and cause abnormally frequent service calls or service problems. If there is a change to more than 10% of your original number of units, your CPC will be adjusted to the current IBE cost per page for the new mix of models. All other terms of the contract will remain in effect.

BREACH OR DEFAULT: If the customer does not pay all charges, billed under the terms of this Agreement, promptly, when due, in the event of a breach of any of the other terms of this Agreement, IBE may (a) refuse to service the equipment until remittance is made, (b) provide service on "Per Call" basis rates, (c) require C.O.D. payment in full at the time of service at IBE's "Per Call" basis rates, and (d) take any and all other actions as provided by law. Such remedies shall be cumulative, and the waiver of any one breach by Customer shall not be deemed a waiver of any other or subsequent breach.

PRORATION AND TRANSFERS: If the covered equipment is upgraded with equipment purchased from IBE, any unused portion of a paid Agreement may be prorated and applied toward a service program for the new equipment. This agreement may not be assigned by the Customer without IBE prior written consent. Customer specifically agrees that this Agreement shall not terminate upon Customer's election to sell, transfer or remove from service any equipment covered by this Agreement, unless IBE agrees, in writing, to terminate this Agreement prior to such sale, transfer or removal from service.

INSURANCE: During the term of this Agreement, Customer will keep the equipment insured against all risks of loss or damage in an amount not less than the replacement cost of the equipment, without deductible, and without co-insurance. Customer shall also obtain and maintain for the term of this Agreement, comprehensive public liability insurance covering both personal injury and property damage of at least $100,000 per person and $300,000 per occurrence for bodily injury and $50,000 for property damage. IBE shall be the sole named loss payee on the property insurance and shall be named as an additional insured on the public liability insurance. Customer will pay all premiums for such insurance and shall deliver proof of insurance coverage satisfactory to IBE. If Customer does not provide such insurance, Customer agrees that IBE has the right, but not the obligation, to obtain such insurance, and add an insurance fee to the amount due, on which IBE makes a profit.

MISCELLANEOUS: IBE expressly disclaims any duty as an insurer of the equipment herein and Customer shall pay for all costs or repair and parts or replacement of the equipment made necessary by any casualty, theft, or negligent act of Customer or Customer's Agents. Customer agrees to provide reasonable space and proper and sufficient electrical power as specified or required for each machine. IBE's technicians must be able to access the machine from all sides. Equipment relocation by IBE is not covered under this Agreement. This Agreement represents the entire Agreement between the parties and supersedes all prior oral and written proposals and communications. Customer shall pay all IBE costs and expenses (included, but not limited to legal fees and costs) incurred in the collection of any amount due to IBE, or incurred in the enforcement of IBE rights and remedies under this Agreement, whether or not legal action is instituted. In the event any amounts required to be paid by Customer under this Agreement are not paid when due, IBE may assess and collect a finance charge equivalent to

1.5% per month on all outstanding amounts. This Agreement shall be governed by and construed according to the laws of the State of California, and the jurisdiction and venue for any legal action shall be in the City and County of Los Angeles, California or Orange County, California. IBE reserves the right to provide compatible parts and supplies for printer fleet.

Customer Initials:_____________
Date Signed:________________
3 of 3
Authorization and Acceptance
Customer Authorization and Acceptance
Customer Signature:_____________________________________ Date Signed:_____________________________ Customer Print:_________________________________________ Title:____________________________________ IBE Digital Authorization and Acceptance
IBE Digital Signature:_____________________________________ Date Signed:_____________________________ IBE Digital Print:_________________________________________ Title:____________________________________ November 2025 Your Success. Our Solutions. Cutting-Edge Technology that Makes Sense ENCLOSURE 2
6b
The IBE Story
Since our inception in 1986, IBE Digital has evolved from humble beginnings to a leader in technology for public and private agencies. IBE has adapted to the growing needs of communities to offer a comprehensive suite of digital tools.

Today, IBE stands as a testament to family-owned and locally operated enterprise, under the leadership of President Ron Varing. Our dedication to leveraging technology for community empowerment has solidified our reputation as a trusted partner throughout Los Angeles, Orange County, and Santa Barbara County.

As a Certified Minority Business Enterprise with over 39 years of experience, our commitment to excellence and reliability remains unwavering. With offices in Garden Grove and Goleta, CA, IBE continues to be the cornerstone of digital solutions for our esteemed clientele.
| 01
24/7 Remote and On-Site Support
Network and Server Management
Cloud Solutions
IT Infrastructure Development
Services
Office Copiers
Desktop Printer
Wide Format Printers
Production Digital Presses
Print
24/7 Security Monitoring & Remediation
Dedicated Detection & Response Team
Security Awareness Training
Vulnerability Testing
CyberSecurity
Unified Communications,
Hosted PBX - Voice Over IP Phones
Messaging and Virtual Meetings
Cloud Communications
| 02
Managed IT Services
Our Pledge
IBE Digital upholds a steadfast commitment to excellence, demonstrated through our consistent delivery of professional, reliable assistance and unparalleled customer service. Our dedication has been recognized with Konica Minolta’s Pro Tech Achievement Award for the past eight years, a testament to our adherence to the highest standards of technical expertise, customer satisfaction, and best business practices.

We go beyond empty claims of "the best service" and actually measure customer satisfaction using the Net Promoter Score (NPS) system from www.netpromoter.com. NPS is a clear and effective loyalty metric that not only holds our company accountable but also empowers us to use customer feedback for sustainable business growth. Our entire organization, from top to bottom, embraces NPS, fostering a customer-centric approach and driving continuous improvement in our performance. We are proud to share our 2024 NPS Score was 97% | 03
8-YEAR
Service Protocols
A Step-by-Step Guide for Order Fulfillment, Service Requests, and Accessing Vendor Information for Your Equipment.

Requesting Toner
When placing a toner order for your machine, kindly
have your machine’s ID# ready (found on the front face
sticker of your machine) and provide your current B&W
and Color meter readings.

Contact IBE
To order toner or request service from an IBE technician, simply call our direct office line at (562) 921-0202.

We're here to assist you promptly!
For All Other Inquiries
Please contact our office at (562) 921-0202, Monday
to Friday, from 8:00 am to 5:00 pm.

Placing a Service Call
When submitting a service request, please have the
machine's ID# ready, provide a clear explanation of the issue, specify the hours of operation for your department, and include the name of the designated contact person.

STEP 4 STEP 2 STEP 3 STEP 1
E-Info Enhanced Client Portal
Enter meters
Fleet overview, view service request history
Pay invoices
| 04
# of IBE Devices City Wide: 15
# of IBE Devices on Master Lease expiring 2025: 14
Pico Rivera Print Environment Overview
| 05
Service Quality Metrics - (July 2024 - July 2025)
Lease Agreement # and Title # of devices on lease Expiration Date 500-50186411 - MASTER 14 12/18/2025
100-8069881-001 - PRODUCTION 1 10/18/2028
City of Pico Rivera - Overview of Leases
2 months remain
| 06
Current Investment Overview
(ONLY for 14 devices on expiring City-wide lease)
Quantity Description
14 Konica Minolta MFPs
Monthly Equipment Lease Investment $2,140.73
Monthly Service Base $141.00
Average Monthly Overage Payments $2,396.84
Total Avg. Monthly Investment: $4,678.57
| 07
*all figures are pre-tax + does not include Papercut Support Renewal costs* | 08
| 09
Current Pico Rivera Standardized Configuration
WIDTH D EPTH HEIGHT 35.62 inches 27.01 inches 47.8 inches 1 x NEMA 5 - 15R 45 ppm 45 ppm

COLOR B/W
3-1/2 x 5-1/2/12 x 18
2150 PAPERSIZE MAX PAPER CAPACITY (80g/m2) Main Body

1.Like for Like Upgrades - $2,995.49/mo.
a.Addition of Bitdefender Antivirus and
Enhanced PDF Software Bundle
b.Addition of 3 Color Compact MFPs
c.Internally Mounted iClass Card
Readers
Service:

1.One Rate Unlimited Service Plan - $3,690/mo
a.No overages, no allotments, Unlimited B&W and Color
Copies, staples and freight included, Ease of billing and budget control
Proposed Solution, Option 1 - Overview *Pricing valid for 30 days from delivery of proposal | 10 Papercut
Option 1: Transfer on-premises perpetual licenses, renew support for 5 years, add 3 licenses - $293.96/mo

Proposed Investment Overview - Option 1.1: Flat Rate
Quantity Description
17 Konica Minolta MFPs (14x C451i, 3x C4051i)
Monthly Equipment Lease
Investment (60 mo. FMV) $2,995.49
Monthly One Rate Service
Payment $3,690
Papercut Monthly Payment
Option 1:
(On-Prem)
$293.96
Monthly Investment $6,979.45
| 11
*all figures are pre-tax*
*Pricing compliant with Sourcewell Contract #112124-KON *A One Rate service contract with IBE Digital includes all parts, labor, service calls and supplies.

Excludes paper, and taxes. Service Cost is subject to a maximum annual increase of 10% | 12
PROPOSED Pico Rivera Standardized Configuration
WIDTH D EPTH HEIGHT 35.61 inches 27.1 inches 47.8 inches 1 x NEMA 5 - 15R 45 ppm 45 ppm

COLOR B/W
3-1/2 x 5-1/2/12 x 18
2000 PAPERSIZE MAX PAPER CAPACITY (80g/m2) Main Body

PWRFILTER WNOISE
&SURGE PROTECT 120V/15A
- W100015120 - W100015120
Paper Feed Cabinet - PC-216
AA7R011
W100015120
AAV5WY8 1
1 1
OPTION LIST Name Item No. Quantity Relay Unit - RU-513
Staple Finisher - FS-539
A87JWY5
AAR4WY3
1 1
C451i
110 v2 i-Option OOXML
Enhanced PDF - LK-110
LK-116 i-Option License Kit -
LK-116 - Bitdefender Antivirus
A0PD11U 1
A0PDAA1
1 IC Card Mount Kit -
MK-735
ID Card Reader -
AU-205H GEN2
A4NMWY1 R5427011136466GEN2 1
1 | 13
PROPOSED Pico Rivera ADD-ON Compact MFP Configuration
1 x NEMA 5 - 15R
42 ppm 42 ppm
COLOR B/W 1,000 PAPERSIZE MAX PAPER CAPACITY (80g/m2) Main Body

PWRFILTER WNOISE
&SURGE PROTECT 120V/15A
AA7R011
W100015120
1 1
OPTION LIST Name Item No. Quantity C4051i
8-1/2 x 14
WIDTH D EPTH HEIGHT 18.5 inches 20.8 inches 28.2 inches Paper tray - PF-P28 AAJUW14 1 LK-110 v2 i-Option OOXML
Enhanced PDF - LK-110
LK-116 i-Option License Kit -
Bitdefender Antivirus
A0PD11U A0PDAA1 1
1 Internal mount kit for
AU-205H - MK-P08
ID Card Reader -
AU-205H GEN2
ACCKWY1 R5427011136466GEN2 1
1 Start Date:

January 9, 2025
End Date:

January 10, 2029
Product Catalogue:

MFDs, Copiers, Printers, Production
Print, Wide Format, Scanners,
Software Solutions, IT Services, +more
Acquisition Types:

Purchase, Maintenance, Leasing,
Software-only, Purchase Order-only
Recent City of
Pico Rivera
Sourcewell
Procurement
Start Date:

June 1, 2020
End Date:

May 31, 2025*
*new agreement
will take effect*
Product Catalogue:

MFDs, Copiers, Printers, Production
Print, Wide Format, Scanners,
Software Solutions, IT Services, +more
Acquisition Types:

Purchase, Maintenance, Leasing,
Software-only, Purchase Order-only
Cooperative Contracts Overview
Contract #R191101 continued on next page... | 14

NASPO VALUEPOINT MASTER
AGREEMENT NUMBER 187962

STATE OF CALIFORNIA PARTICIPATING
ADDENDUM NUMBER 7-24-70-46-03
Start Date:
8/1/2024
End-Date:
7/31/2026
*with options for
up-to 3 1-year
renewals

PRIMARY PRODUCTS
AND SERVICES:

Multi-Function Devices,
A3
Multi-Function Devices,
A4
Production Equipment
Single Function Printers
Large/Wide Format
Equipment
Scanners
Software
Consumable Supplies
Managed Print Services
City of Pico Rivera, as a political subdivision
in the State of California, is eligible to
purchase from NASPO ValuePoint Contract
#187962 as they would from any other State
contract.

Cooperative Contracts Overview
| 15
Value of Cooperative Contracting with
| 16
you you you
Why ?
| 17

1. Proven Performance and Partnership
IBE Digital has proudly supported the City of Pico Rivera for several years, maintaining consistent uptime, responsive service, and strong staff relationships. Between July 2024 and July 2025, we achieved 99.77% machine availability, 100% Net Promoter Score responses, and over 77% first-call resolution, demonstrating our dedication to reliable operations and user satisfaction.

2. Recognized Quality and Service
Our service excellence has been recognized by Konica Minolta’s Pro-Tech Award for eight consecutive years, affirming our technical expertise, customer-first culture, and adherence to industry-leading standards. In 2024, our Net Promoter Score of 97% reflected exceptionally high customer satisfaction across our client base.

3. Minority Business Enterprise and Family-Owned Advantage As a certified Minority Business Enterprise and family-owned, locally operated company, IBE Digital takes pride in contributing to regional economic development and fostering local partnerships. Our approach prioritizes accessibility, accountability, and integrity in every engagement.

4. Streamlined, Compliant Procurement
IBE Digital simplifies the City’s procurement process through highly competitive pricing available via cooperative purchasing contracts, including Sourcewell (Contract #112124-KON). These contracts eliminate the need for a lengthy RFP process while ensuring transparent, pre-negotiated, and publicly vetted pricing.

Why ?
| 18

5. Municipal Expertise
With nearly four decades of experience serving municipalities and public agencies across Southern California, we understand the operational, budgetary, and compliance challenges cities face. Our tailored solutions are designed to meet the needs of government environments—balancing efficiency, security, and fiscal responsibility.

6. Enhanced Security and Workflow Efficiency
All proposed devices feature Bitdefender Antivirus and Enhanced PDF OCR Scanning, standardized across the City’s fleet to strengthen document security, prevent malware threats, and improve document searchability and digital workflow efficiency.

7. Comprehensive, Sustainable Solutions
Our proposal provides turnkey support, including installation, on-site training, and proactive maintenance by certified technicians. The plan also supports environmental sustainability through responsible recycling programs, energy-efficient devices, and managed print solutions that promote cost savings and reduced waste.

8. Simplified and Predictable Budgeting through Flat Rate Service Option IBE’s Flat Rate Unlimited Service Option offers the City a simple, predictable monthly cost that includes all service, supplies, parts, labor, staples, and freight—eliminating overage fees and volume-based billing. This structure ensures easier budgeting, administrative simplicity, and uninterrupted service for all departments, providing stability and transparency in ongoing operational costs.

Questions?
| 19
Partners:
| 20
Unlock Your
Benefits
Comprehensive Support: Enjoy all-inclusive support with prompt installation, delivery, removal of existing copier hardware, on-site training, and maintenance services provided by our certified technicians.

Included in our solution is break/fix support, supplies, parts, and proactive maintenance for a hassle-free printing experience. Please note network support is not included.

Environmental Sustainability: By monitoring printing activities, Managed Print Solution (MPS) identifies and eliminates unnecessary printing expenses, leading to cost savings. Moreover, MPS promotes responsible paper usage and reduces energy consumption, enabling departments to reduce their environmental footprint while optimizing their print operations.

Scalability and Flexibility: Solutions adaptable to your changing needs. Whether scaling up or downsizing, MPS flexibly adjusts to organizational changes and evolving requirements.

Clean Planet Recycling Program: Our recycling initiative offers customers a convenient and responsible solution to minimize waste while upholding our dedication to environmental sustainability. With this program, customers can easily return their used printer consumables by either requesting collection boxes or utilizing any available boxes on hand. The return process is hassle-free with easy to print UPS return label that accompanies the shipment.
| 21
Proudly Serving
| 22
Connect with Us
Sloan Aguilar-Varing
www.ibedigital.com
(562) 921-0202
11266 Monarch Street, Suite B
Garden Grove, CA 92841
360 Storke Rd,
Goleta, CA 93117
Vice President
[email protected]
Maxwell Drakeford
Business Development
[email protected]
| 23
Enclosure 3
6c
Enclosure 4
6d

To: Mayor and City Council
From: City Manager
Meeting Date: December 9, 2025
Subject: PICO PARK PREFABRICATED RESTROOM PROJECT, CIP NO. 50085 – NOTICE OF COMPLETION
Recommendation:

1. Accept the work as completed for the Pico Park Prefabricated Restroom Project, CIP No. 50085 constructed by Diamond Construction & Design (Diamond), and authorize the City Clerk to file the Notice of Completion with the Los Angeles County Registrar-Recorder; and

2. Authorize the City Manager or Designee to approve Contract Change Orders No. 1 through 5 for a total amount of $39,426.07; and

3. Authorize the City Manager or his designee to release the retention and all other monies to Diamond following the mandatory waiting period from the date the Notice of Completion is recorded.

Strategic Priority:
3 - Infrastructure - Plan, fund, build, and maintain reliable and cost-effective infrastructure that contributes to enhancing quality of life.

Strategy:

3.3 Complete construction of necessary infrastructure projects to implement master plans in a timely manner.

Fiscal Impact:

The fiscal year (FY) 2025-26 Adopted Budget included an appropriation in the Capital Improvement Program Fund under Account No. 400.70.7300.54500-CIP50085 in the amount of $751,526. The project was completed at a total cost of $645,393. The unused 7 CITY COUNCIL AGENDA REPORT – MEETING OF DECEMBER 9, 2025 PICO PARK PREFABRICATED RESTROOM PROJECT, CIP NO. 50085 – NOTICE OF

COMPLETION

Page 2 of 3 ends

balance of approximately $106,133 will be unencumbered and made available for future Capital Projects.

Discussion:

On June 13, 2023, the City Council approved a contract with the Public Restroom Company (PRC) for the purchase of one (1) SP-132 prefabricated restroom building, including site supervision for installation, in the amount of $353,296. The procurement was made through Sourcewell (Contract #081721-PRM), under which PRC is an approved vendor. Two (2) change orders were issued to PRC in the amount of $12,522 (Change Order No. 1 – PRC to perform installation of the prefabricated building in the amount of $10,996 and Change Order No. 2 – PRC increased crane size to which totaled $1,526) for a grand total contract of $365,818.

On April 22, 2025, the City Council awarded a construction contract to Diamond in the amount of $135,920 for the Pico Park Prefabricated Restroom Project, CIP 50085. The scope of work included the demolition of the existing restroom structure and surrounding hardscape, new ADA compliant hardscape, site utility work and base preparation for the delivery and installation of the prefabricated restroom by PRC.

Construction began on August 4, 2025, and was completed on November 7, 2025.

Contract Change Orders No. 1 through 5 were issued to address unforeseen site conditions and resulted in a total change order amount of $39,426.07. A summary of the contract change orders is provided below:

CCO No. Description Amount
1 Install new conduit for power to the prefabricated restroom $25,872.67 2 Install a 6” concrete curb $5,004.40
3 Furnish and install pavers $3,201.90
4 Furnish and install 2 clean out boxes $2,343.80
5 Furnish and install 2 wrought iron gates $3,003.30
TOTAL CO AMOUNT: $39,426.07
[This space is intentionally left blank]
CITY COUNCIL AGENDA REPORT – MEETING OF DECEMBER 9, 2025 PICO PARK PREFABRICATED RESTROOM PROJECT, CIP NO. 50085 – NOTICE OF

COMPLETION

Page 3 of 3 ends

The final project cost was $645,393. A summary of project expenditures and budget is provided below:

Project Budget Amount
General Fund 400.70.7300-54500 CIP 50085 $238,273
General Fund 400.70.7310-54500 CIP 50085 $513,253
TOTAL ESTIMATED PROJECT COST: $751,526
Project Expenditures Amount
Design $54,890
Geotechnical Report $12,696
Prefabricated Restroom Procurement & Installation $365,818 Construction Contract $135,920
Construction Change Orders No. 1 through 5 $39,426
Bid Items No. 18-25 (Not Installed) - Credit ($44,357)
Construction Management and Inspection $51,000
Project Administration $30,000
TOTAL PROJECT BUDGET: $ 645,393
Construction is complete, and all inspections, punch list items, and project administration tasks have been finalized.

Conclusion:

Staff recommend accepting the project as complete, filing a Notice of Completion with the Los Angeles County Registrar-Recorder’s Office and authorizing the release of the retention payment to Diamond Construction & Design following the statutory waiting period.

Steve Carmona
SC:NN:GE:DF:np
Enclosures: 1) Notice of Completion
2) Contract Change Orders Nos.1-5

RECORDING REQUESTED BY
NAME: ____________________________________________________ WHEN RECORDED MAIL TO:

NAME: _________________________________________________ ADDRESS: _________________________________________________ CITY / STATE / ZIP: ____________________________________________ (DOCUMENT WILL ONLY BE RETURNED TO NAME & ADDRESS IDENTIFIED ABOVE) (SPACE ABOVE FOR RECORDER’S USE)
____________________________________________________________________________________ (DOCUMENT TITLE)
SEPARATE PAGE, PURSUANT TO CA. GOV’T. CODE 27361.6
Enclosure 1
7a

2. The full name of the owner is

3. The full address of the owner is

4. The nature of the interest or estate of the owner is: in fee.

NAMES ADDRESSES

7. A work of improvement on the property hereinafter described was completed on The work done was:

8. The names of the contractor, if any, for such work of improvements was

9. The property on which said work of improvement was completed is in the City of County of , State of , and is described as follows:

10. The street address of said property is:

City of Pico Rivera
Dated:

City Manager,
(Personal signature of the individual who is swearing that the contents of the Notice of Completion are true) I, the undersigned, say: I am the ___________________________, the Declarant of the foregoing Notice of Completion; I have (President of, Manager of, Partner of, Owner of, Etc.)
read said Notice of Completion and know the contents thereof; the same is true to my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on ___________________________, 20___ at ________________________________, __________.

6. The full names and full addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements therein reffered to:
(If no street address has been officially assigned, insert "none".) (Signature of Owner or coporate officer of Owner named in paragraph 2, or his agent)

VERIFICATION

NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for complete requirements.) Notice is hereby given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described. (If other than Fee, strike "in fee" and insert, for example, "purchaser under contract of purchase," or "lessee")

5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:
7b

To: Mayor and City Council
From: City Manager
Meeting Date: December 9, 2025
Subject: TREASURER’S MONTHLY INVESTMENT TRANSACTION
REPORT AS OF OCTOBER 31, 2025
Recommendation:

1. Receive and file the Treasurer’s Monthly Investment Transaction Report as of October 31, 2025.

Strategic Priority:
1 - Fiscal & Organizational Sustainability - Create a City government build to adapt to change.

Strategy:

1.1 Build a more transparent and sustainable fiscal system to improve trust and efficiency.

Fiscal Impact:

There is no fiscal impact to the General Fund.

Background:

Per the City of Pico Rivera (City) Investment Policy, approved by the City Council on April 8, 2025, the City Treasurer submits a monthly investment transaction report to the City Council within 45 days following the end of the reporting period, in accordance with California Government Code Section 53607.

Discussion:

This report provides the City Council with updates on the City’s monthly transactions within the investment portfolio for the month ending October 31, 2025. The enclosed statements include transaction activity for the City’s investments with the Local Agency Investment Fund (LAIF), Chandler Asset Management, and Commercial Bank of California (Enclosures 1, 2, and 3).
8 CITY COUNCIL AGENDA REPORT – MEETING OF DECEMBER 9, 2025 TREASURER’S MONTHLY INVESTMENT TRANSACTION REPORT AS OF OCTOBER 31, 2025

Page 2 of 2 ends

On May 16, 2025, Moody’s downgraded the U.S. credit rating from Aaa to Aa1 and revised the outlook to Stable, reflecting concerns over rising government debt and ongoing fiscal challenges. Agency bonds and securities generally carry the same rating as the U.S. government, which is currently rated Aa1 by Moody’s, and AA+ by both S&P and Fitch Ratings. Staff will continue to monitor these conditions and work with the City’s investment advisor to ensure the investment portfolio remains sound.

Conclusion:

As of October 31, 2025, the City’s investment portfolio remains highly rated, liquid, and stable. All investments are maintained in accordance with California Government Code Section 53601 and the City’s Investment Policy, which was approved by the City Council on April 8, 2025.

Steve Carmona
SC:JA:YL:ep
Enclosure(s): 1) LAIF Statement for the Month Ending October 31, 2025 2) Chandler Asset Management Transaction Ledger for the Month Ending October 31, 2025
3) Commercial Bank of California Insured Cash Sweep Statement for the Month Ending October 31, 2025
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
November 05, 2025
LAIF Home
PMIA Average Monthly Yields

CITY OF PICO RIVERA

DIRECTOR OF FINANCE/ADMINISTRATIVE SVCS
6615 PASSONS BLVD
PICO RIVERA, CA 90660
Account Number: 98-19-653
October 2025 Statement
Tran Type Definitions
Effective
Date
Transaction
Date
Tran
Type Confirm
Number
Web
Confirm
Number Authorized Caller Amount
10/15/2025 10/14/2025 QRD 1785381 N/A SYSTEM 771,139.91 Account Summary
Total Deposit: 771,139.91 Beginning Balance: 70,585,532.51 Total Withdrawal: 0.00 Ending Balance: 71,356,672.42
11/5/25, 11:22 AM LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1 Enclosure 1
8a
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
November 05, 2025
LAIF Home
PMIAAverage Monthly Yields

CITY OF PICO RIVERA

COVID RELIEF EMERGENCY ACCOUNT

DIR OF FINANCE/ADMIN SERVICES
6615 PASSONS BLVD
PICO RIVERA, CA 90660
Account Number: 19-19-007
October 2025 Statement
Tran Type Definitions
Effective
Date
Transaction
Date
Tran
Type
Confirm
Number
Web
Confirm
Number Authorized Caller Amount
10/15/2025 10/14/2025 QRD 1783933 N/A SYSTEM 120,962.59 10/21/2025 10/21/2025 RW 1786048 1746672 JESSICAALCARAZ -5,000,000.00 Account Summary
Total Deposit: 120,962.59 Beginning Balance: 11,073,285.17 Total Withdrawal: -5,000,000.00 Ending Balance: 6,194,247.76 11/5/25, 11:22 AM LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1 Settlement Date
Transaction
Category Transaction Type Security Description Quantity Price Principal Interest Total Amount 10/9/2025 Acquisitions Buy BACCT 2025-1 A 4.31 05/15/2030 417,000.00 1.01125 421,691.25 1,198.18 422,889.43 10/12/2025 Acquisitions Buy FIRST AMER:GVT OBLG Y 599,248.54 1.00000 599,248.54 - 599,248.54 10/15/2025 Acquisitions Buy UNITED STATES TREASURY 3.5 10/15/2028 350,000.00 349,111.33 0.99746 - 349,111.33 10/17/2025 Acquisitions Buy REALTY INCOME CORP 3.95 02/01/2029 250,000.00 250,222.50 1.00089 301.74 250,524.2410/21/2025 Acquisitions Buy GOLDMAN SACHS GROUP INC 4.153 10/21/2029 175,000.00 175,000.00 1.00000 - 175,000.00 10/2/2025 Dispositions Maturity UNITED STATES TREASURY 10/02/2025 250,000.00 250,000.00 1.00000 - (250,000.00) 10/9/2025 Dispositions Sell UNITED STATES TREASURY 12/26/2025 350,000.00 347,078.52 0.99165 - (347,078.52) 10/15/2025 Dispositions Maturity UNITED STATES TREASURY 4.25 10/15/2025 450,000.00 450,000.00 1.00000 - (450,000.00)10/17/2025 Dispositions Sell FIRST AMER:GVT OBLG Y 504,090.73 504,090.73 1.00000 - (504,090.73) 10/1/2025 Other Transactions Principal Paydown FHMS K-054 A2 2.745 01/25/2026 - - 72,479.32 - (72,479.32) 10/1/2025 Other Transactions Principal Paydown FHMS K-069 A2 3.187 09/25/2027 - - 880.55 - (880.55)10/1/2025 Other Transactions Coupon FHMS K-054 A2 2.745 01/25/2026 - - - - 975.58 10/1/2025 Other Transactions Coupon FHMS K-063 A2 3.43 01/25/2027 - - - - 928.96 10/1/2025 Other Transactions Coupon FHMS K-069 A2 3.187 09/25/2027 - - - - 1,296.4910/1/2025 Other Transactions Coupon FHMS K-073 A2 3.35 01/25/2028 - - - - 1,312.08 10/1/2025 Other Transactions Coupon FHMS K-081 A2 3.9 08/25/2028 - - - - 503.75 10/1/2025 Other Transactions Coupon FHMS K-082 A2 3.92 09/25/2028 - - - - 620.67 10/1/2025 Other Transactions Coupon FHMS K-083 A2 4.05 09/25/2028 - - - - 776.25 10/1/2025 Other Transactions Coupon FHMS K-085 A2 4.06 10/25/2028 - - - - 930.42 10/1/2025 Other Transactions Coupon FHMS K-090 A2 3.422 02/25/2029 - - - - 941.05 10/1/2025 Other Transactions Coupon FHMS K-746 A2 2.031 09/25/2028 - - - - 710.85 10/7/2025 Other Transactions Management Fee Cash 2,755.58 - 2,755.58 - (2,755.58)10/8/2025 Other Transactions Coupon TOYOTA MOTOR CREDIT CORP 4.35 10/08/2027 - - - - 9,243.75 10/11/2025 Other Transactions Coupon SALESFORCE INC 3.7 04/11/2028 - - - - 7,770.00 10/15/2025 Other Transactions Principal Paydown JDOT 2022 A3 2.32 09/15/2026 - - 2,767.44 - (2,767.44) 10/15/2025 Other Transactions Principal Paydown JDOT 2022-B A3 3.74 02/16/2027 - - 4,306.79 - (4,306.79) 10/15/2025 Other Transactions Principal Paydown JDOT 2022-C A3 5.09 06/15/2027 - - 8,032.98 - (8,032.98) 10/15/2025 Other Transactions Principal Paydown MBART 2023-1 A3 4.51 11/15/2027 - - 4,366.07 - (4,366.07)10/15/2025 Other Transactions Principal Paydown HART 2023-A A3 4.58 04/15/2027 - - 8,702.17 - (8,702.17) 10/15/2025 Other Transactions Principal Paydown JDOT 2023-C A3 5.48 05/15/2028 - - 17,823.41 - (17,823.41) 10/15/2025 Other Transactions Principal Paydown TAOT 2024-A A3 4.83 10/16/2028 - - 9,816.56 - (9,816.56)10/15/2025 Other Transactions Coupon JDOT 2022 A3 2.32 09/15/2026 - - - - 5.35 10/15/2025 Other Transactions Coupon JDOT 2022-B A3 3.74 02/16/2027 - - - - 75.64 10/15/2025 Other Transactions Coupon UNITED STATES TREASURY 4.25 10/15/2025 - - - - 9,562.50 10/15/2025 Other Transactions Coupon JDOT 2022-C A3 5.09 06/15/2027 - - - - 297.99 10/15/2025 Other Transactions Coupon MBART 2023-1 A3 4.51 11/15/2027 - - - - 146.8410/15/2025 Other Transactions Coupon HART 2023-A A3 4.58 04/15/2027 - - - - 197.2810/15/2025 Other Transactions Coupon UNITED STATES TREASURY 3.75 04/15/2026 - - - - 5,625.00 10/15/2025 Other Transactions Coupon AMXCA 2023-1 A 4.87 05/15/2026 - - - - 527.58 10/15/2025 Other Transactions Coupon CHAIT 2023-1 A 5.16 09/15/2028 - - - - 1,483.50 10/15/2025 Other Transactions Coupon JDOT 2023-C A3 5.48 05/15/2028 - - - - 1,172.98 10/15/2025 Other Transactions Coupon AMXCA 2023-3 A 5.23 09/15/2026 - - 0.01 - 1,503.6210/15/2025 Other Transactions Coupon TAOT 2024-A A3 4.83 10/16/2028 - - - - 684.25 10/15/2025 Other Transactions Coupon UNITED STATES TREASURY 4.5 04/15/2027 - - - - 5,062.5010/15/2025 Other Transactions Coupon MBALT 2024-B A3 4.23 02/15/2028 - - 0.01 - 475.8810/15/2025 Other Transactions Coupon HART 2024-C A3 4.41 05/15/2029 - - 0.01 - 532.8810/15/2025 Other Transactions Coupon WFCIT 2025-1 A 4.34 05/15/2030 - - - - 976.5010/15/2025 Other Transactions Coupon BACCT 2025-1 A 4.31 05/15/2030 - - 0.01 - 1,497.73 10/16/2025 Other Transactions Principal Paydown GMCAR 2023-2 A3 4.47 02/16/2028 - - 5,825.15 - (5,825.15) 10/16/2025 Other Transactions Coupon GMCAR 2023-2 A3 4.47 02/16/2028 - - - - 231.9410/16/2025 Other Transactions Coupon GMCAR 2024-4 A3 4.4 08/16/2029 - - - - 366.6710/16/2025 Other Transactions Coupon INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPM 3.875 10/16 - - - - 5,814.00 10/18/2025 Other Transactions Principal Paydown HAROT 2022-2 A3 3.73 07/20/2026 - - 3,705.86 - (3,705.86) City of Pico Rivera Portfolio
Chandler Investment Transactions
October 2025
Enclosure 2
Settlement Date
Transaction
Category Transaction Type Security Description Quantity Price Principal Interest Total Amount City of Pico Rivera Portfolio
Chandler Investment Transactions
October 2025
10/18/2025 Other Transactions Coupon HAROT 2022-2 A3 3.73 07/20/2026 - - - - 16.1510/20/2025 Other Transactions Principal Paydown GMALT 2023-3 A3 5.38 11/20/2026 - - 9,428.68 - (9,428.68)10/20/2025 Other Transactions Coupon GMALT 2023-3 A3 5.38 11/20/2026 - - - - 67.3310/20/2025 Other Transactions Coupon GMALT 2024-2 A3 5.39 07/20/2027 - - - - 539.0010/20/2025 Other Transactions Coupon VZMT 2025-3 A1A 4.51 03/20/2030 - - 0.01 - 958.3710/20/2025 Other Transactions Coupon GMALT 2025-2 A3 4.58 05/22/2028 - - - - 610.6710/21/2025 Other Transactions Principal Paydown HAROT 2023-1 A3 5.04 04/21/2027 - - 3,767.46 - (3,767.46)10/21/2025 Other Transactions Coupon HAROT 2023-1 A3 5.04 04/21/2027 - - - - 112.8110/25/2025 Other Transactions Coupon PNC BANK NA (DELAWARE) 3.1 10/25/2027 - - - - 5,425.00 10/25/2025 Other Transactions Coupon BMWOT 2024-A A3 5.18 02/26/2029 - - - - 625.92 10/25/2025 Other Transactions Coupon BMWOT 2025-A A3 4.56 09/25/2029 - - - - 836.0010/28/2025 Other Transactions Coupon WALMART INC 4.35 04/28/2030 - - - - 6,742.50 10/31/2025 Other Transactions Dividend FIRST AMER:GVT OBLG Y - - - - 1,058.71 10/31/2025 Other Transactions Coupon UNITED STATES TREASURY 4.625 04/30/2029 - - - - 11,562.50 10/31/2025 Other Transactions Coupon UNITED STATES TREASURY 3.875 04/30/2030 - - - - 5,812.50 Changes of Market Values and Accrued Interests (72,746.69) Net Investment Transactions $ 114,817.52
Beginning Balance as of 9/30/2025 35,140,903.42
Ending Balance as of 10/31/2025 $ 35,255,720.94
8b
Contact Us
(714) 431-7000
Account

CITY OF PICO RIVERA
Date
10/31/2025
Page
1 of 4
IntraFi Cash ServiceSM, or ICS®, Monthly Statement
The following information is a summary of activity in your account(s) for the month of October 2025 and the list of FDIC-insured institution(s) that hold your deposits as of the date indicated. These deposits have been placed by us, as your agent and custodian, in deposit accounts through IntraFi Cash Service. Funds in your deposit accounts at the FDIC-insured institutions at which your funds have been placed will be "deposits," as defined by federal law. Certain conditions must be satisfied for "pass-through" FDIC deposit insurance coverage to apply. To meet the conditions for pass-through FDIC deposit insurance, deposit accounts at FDIC-insured banks in IntraFi's network that hold deposits placed using an IntraFi service are titled, and deposit account records are maintained, in accordance with FDIC regulations for pass-through coverage.

Summary of Accounts
Account ID Deposit Option Interest Rate Opening Balance Ending Balance *********354 Savings 4.075% $10,522,792.35 $14,960,554.42 TOTAL $10,522,792.35 $14,960,554.42
CONTAINS CONFIDENTIAL INFORMATION IntraFi and ICS are registered service marks, and IntraFi Cash Service is a service mark, of IntraFi Network LLC. !NqH
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Commercial Bank of California
19752 MacArthur Blvd.

Suite 100
Irvine, CA 92612
138365-03A

CITY OF PICO RIVERA
6615 PASSIONS BLVD
PICO RIVERA, CA 90660
60443

RETURN SERVICE REQUESTED
Enclosure 3
8c

DETAILED ACCOUNT OVERVIEW
Account ID: *********354
Account Title: CITY OF PICO RIVERA
Account Summary - Savings
Statement Period 10/1-10/31/2025 Average Daily Balance $10,582,274.05 Previous Period Ending Balance $10,522,792.35 Interest Rate at End of Statement Period 4.075% Total Program Deposits 7,300,008.76 Annual Percentage Yield Earned 4.28% Total Program Withdrawals (2,900,000.00) YTD Interest Paid 515,926.94 Interest Capitalized 37,753.31
Current Period Ending Balance $14,960,554.42
Account Transaction Detail
Date Activity Type Amount Balance
10/02/2025 Deposit $8.76 $10,522,801.11
10/09/2025 Withdrawal (700,000.00) 9,822,801.11
10/15/2025 Interest Capitalization 369.78 9,823,170.89
10/16/2025 Withdrawal (2,200,000.00) 7,623,170.89
10/23/2025 Deposit 5,500,000.00 13,123,170.89
10/30/2025 Deposit 1,800,000.00 14,923,170.89
10/31/2025 Interest Capitalization 37,383.53 14,960,554.42 Summary of Balances as of October 31, 2025
FDIC-Insured Institution City/State FDIC Cert No. Balance Amalgamated Bank New York, NY 622 $247,881.75
American National Bank Omaha, NE 19300 247,881.75
Anderson Brothers Bank Mullins, SC 9923 247,682.52
BOKF, National Association Tulsa, OK 4214 247,059.69
Banc of California Los Angeles, CA 24045 247,881.75
Banesco USA Miami, FL 57815 247,255.06
Bangor Savings Bank Bangor, ME 18408 18.04
Bank of Baroda New York, NY 33681 247,881.75
Bank of China New York, NY 33653 247,255.06
Bank of Springfield Springfield, IL 19506 247,834.11
Barclays Bank Delaware Wilmington, DE 57203 247,881.75
Byline Bank Chicago, IL 20624 247,055.99
City National Bank of Florida Miami, FL 20234 247,881.75 Coastal Carolina National Bank Myrtle Beach, SC 58864 247,881.75 Coastal Community Bank Everett, WA 34403 247,881.75
ConnectOne Bank Englewood Cliffs, NJ 57919 247,682.52
Customers Bank Malvern, PA 34444 247,255.06
Dime Community Bank Hauppauge, NY 6976 247,881.75
Dogwood State Bank Raleigh, NC 57095 247,881.75
East West Bank Pasadena, CA 31628 247,642.94
Date
10/31/2025 Page
2 of 4
CONTAINS CONFIDENTIAL INFORMATION IntraFi and ICS are registered service marks, and IntraFi Cash Service is a service mark, of IntraFi Network LLC. !NuD
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DETAILED ACCOUNT OVERVIEW
Account ID: *********354
Account Title: CITY OF PICO RIVERA
Summary of Balances as of October 31, 2025
FDIC-Insured Institution City/State FDIC Cert No. Balance Eastern Bank Boston, MA 32773 247,056.00
Enterprise Bank & Trust Clayton, MO 27237 247,255.06
Fidelity Bank Wichita, KS 30895 247,881.75
First Financial Bank Abilene, TX 3066 247,056.00
First Horizon Bank MEMPHIS, TN 4977 78.63
First Mid Bank & Trust N.A. Mattoon, IL 3705 247,055.99 First National Bank of Pennsylvania Greenville, PA 7888 247,881.75 First-Citizens Bank & Trust Company Raleigh, NC 11063 247,881.75 FirstBank Nashville, TN 8663 247,881.75
Five Star Bank Roseville, CA 35361 247,682.52
Flagstar Bank, N.A. Hicksville, NY 32541 247,483.13
Flushing Bank Uniondale, NY 58564 247,255.06
Genesee Regional Bank Rochester, NY 26333 247,710.99
German American Bank Jasper, IN 17393 247,255.06
Great Southern Bank Reeds Spring, MO 29546 247,881.75
HarborOne Bank Brockton, MA 59070 247,682.52
Leader Bank, National Association Arlington, MA 57134 247,255.06 Mabrey Bank Bixby, OK 10667 103,182.40
NexBank Dallas, TX 29209 247,483.13
OceanFirst Bank Red Bank, NJ 28359 199.02
Old National Bank Evansville, IN 3832 247,881.75
Pioneer Bank Mapleton, MN 5193 247,881.75
Popular Bank New York, NY 34967 247,881.75
Quad City Bank and Trust Company Bettendorf, IA 33867 247,515.54 Rockland Trust Company Rockland, MA 9712 247,511.24
S&T Bank Indiana, PA 11124 247,344.81
SMBC MANUBANK Los Angeles, CA 18618 247,881.75
SmartBank Knoxville, TN 58463 247,255.06
Sound Community Bank Seattle, WA 57451 247,881.75
South State Bank, N.A. Winter Haven, FL 33555 247,881.75 Stearns Bank N.A. St. Cloud, MN 10988 247,881.75
Summit Bank Eugene, OR 57706 247,881.75
Sunwest Bank Irvine, CA 20164 247,668.18
Synovus Bank Columbus, GA 873 247,255.06
The Huntington National Bank Columbus, OH 6560 247,255.06 Third Coast Bank Humble, TX 58716 247,039.44
TriState Capital Bank Pittsburgh, PA 58457 247,881.75
Truist Bank Charlotte, NC 9846 247,859.07
United Bank Fairfax, VA 22858 247,881.75
Date
10/31/2025 Page
3 of 4
CONTAINS CONFIDENTIAL INFORMATION IntraFi and ICS are registered service marks, and IntraFi Cash Service is a service mark, of IntraFi Network LLC. 60443

DETAILED ACCOUNT OVERVIEW
Account ID: *********354
Account Title: CITY OF PICO RIVERA
Summary of Balances as of October 31, 2025
FDIC-Insured Institution City/State FDIC Cert No. Balance Valley National Bank Morristown, NJ 9396 247,881.75
VeraBank Henderson, TX 3250 247,056.00
West Bank West Des Moines, IA 15614 247,682.52
Western Alliance Bank Phoenix, AZ 57512 247,881.75
Zions Bancorporation, N. A. Salt Lake City, UT 2270 247,873.63 Date
10/31/2025 Page
4 of 4
CONTAINS CONFIDENTIAL INFORMATION IntraFi and ICS are registered service marks, and IntraFi Cash Service is a service mark, of IntraFi Network LLC.

To: Mayor and City Council
From: City Manager
Meeting Date: December 9, 2025
Subject: PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING

SERVICES FOR THE CITYWIDE REGIONAL TRAIL ENTRANCES

AND CITY ENTRY POINTS SAFETY IMPROVEMENTS PROJECT,
CIP NO. 50117, CRPL-5351(047)
Recommendation:

1. Award a Professional Services Agreement to Craftwater Engineering, Inc. to provide engineering services for the development of the Citywide Regional Trail Entrances and City Entry Points Safety Improvements Project, CIP No. 50117, CRPL-5351(047), for an amount not-to-exceed $406,035 and authorize the City Manager to execute the agreement in a form approved by the City Attorney; and

2. Authorize the City Manager or his designee to process change orders, as-needed, not exceeding a contingency amount of $41,000 (approximately 10% of the total contract amount).

Strategic Priority:
3 - Infrastructure - Plan, fund, build, and maintain reliable and cost-effective infrastructure that contributes to enhancing quality of life
Strategy:

3.2 Develop funding policies and strategies to invest in infrastructure planning, construction, and maintenance.

Fiscal Impact:

The fiscal year (FY) 2025-26 Adopted Budget includes $398,385 in California Department of Transportation, Carbon Reduction Program federal grant (Fund 698), Account No. 698.70.7300.54500-CIP50117 and $91,615 in Proposition C funds (Fund 206) in Account No. 206.70.7300.54500-CIP50117. The total Project Budget for design is $490,000. No additional funding is required at this time. There is no fiscal impact to the General Fund. 9 CITY COUNCIL AGENDA REPORT – MEETING OF DECEMBER 9, 2025

PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES FOR THE

CITYWIDE REGIONAL TRAIL ENTRANCES AND CITY ENTRY POINTS SAFETY IMPROVEMENTS PROJECT, CIP NO. 50117, CRPL-5351(047)

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Discussion:

The California Department of Transportation (Caltrans) Carbon Reduction Program (CRP) provides grants to local and regional communities for planning, design and construction activities to reduce transportation-related carbon dioxide emissions from onroad highway sources. In June 2024, Caltrans awarded the City of Pico Rivera (City) a CRP grant for design and construction of the Citywide Regional Trail Entrances and City Entry Points Safety Improvements (Project).

The Project aims to enhance access and connectivity to nearby trails and promote greater public use by installing missing sidewalk segments, including ADA-compliant ramps along Slauson Avenue, Washington Boulevard and Whittier Boulevard. At trail entrances to the San Gabriel River and Rio Hondo Channel, improvements will include new LED/solar lighting, updated signage, removal of dead or dried vegetation, and replacement with drought-tolerant landscaping and shade-providing trees where feasible. Additional features such as irrigation, decomposed granite, and decorative rock boulders will be incorporated to create a more inviting and accessible environment. To further support public transit use, the Project also proposes the installation of anti-litter signage, new trash and recycling bins, and prefabricated shade canopies at nearby bus stops to reduce heat exposure for waiting passengers at the trail entrances along Washington Boulevard.

To begin the design phase and develop the plans, specifications, and estimates, it is necessary to procure professional services from an engineering consultant. On August 12, 2025, the City issued a Request for Proposals through its Electronic Procurement website, Planet Bids. Seven (7) proposals were received on September 18, 2025.

Services requested consist of project management, preliminary engineering, conceptual renderings, surveying, preparation of plans, specifications and estimates and construction support services.

A technical panel of Public Works staff evaluated the proposals using qualifications-based criteria, such as team expertise, relevant experience, and understanding of the project’s requirements. A summary of the rankings is provided below. Craftwater Engineering, Inc. received the highest ranking from the panel.
[This space intentionally left blank]
CITY COUNCIL AGENDA REPORT – MEETING OF DECEMBER 9, 2025

PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES FOR THE

CITYWIDE REGIONAL TRAIL ENTRANCES AND CITY ENTRY POINTS SAFETY IMPROVEMENTS PROJECT, CIP NO. 50117, CRPL-5351(047)

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No. Company Name
1 Craftwater Engineering, Inc.
2 Aztec Engineering Group, Inc.
3 Kimley-Horn and Associates, Inc.
4 BKF Engineers
5 AYCE Consulting Engineers, Inc.
6 TKE Engineering, Inc.
7 dSantana Arquitectura
Engineering services funded by CRP federal funds must follow the consultant selection process stated in Chapter 10 of the Caltrans Local Assistance Procedures Manual.

Engineering services must be awarded to the consultant that received the highest ranking in a qualification-based selection process, assuming a reasonable fee is negotiated. The selection of Craftwater Engineering, Inc. complies with this federal grant requirement.

The City negotiated a fee of $406,035 with Craftwater Engineering, Inc., deemed reasonable for the scope of services.

The total project budget is summarized as follows:

Budget Funding Estimated Budget
CRP Federal Funds (Fund 698) FY 25-26 $398,385
Prop C (Fund 206) FY 25-26 $91,615
Total Project Budget: $490,000
[This space intentionally left blank]
Expenditure Plan Amount
Design $406,035
Contingency (10% of contract amount) $41,000
Project Management and Staff Time $42,965
Total Estimated Project Cost $490,000
CITY COUNCIL AGENDA REPORT – MEETING OF DECEMBER 9, 2025

PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES FOR THE

CITYWIDE REGIONAL TRAIL ENTRANCES AND CITY ENTRY POINTS SAFETY IMPROVEMENTS PROJECT, CIP NO. 50117, CRPL-5351(047)

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Conclusion:

Staff recommend the award of a professional services agreement to Craftwater Engineering, Inc. to provide engineering services for the Citywide Regional Trail Entrances and City Entry Points Safety Improvements Project, CIP No. 50117, CRPL5351(047) for an amount not-to-exceed $406,035. Staff also recommend that the City Council authorize the City Manager or designee to process change orders, as needed, in an amount not-to-exceed $41,000 in contingency (approximately 10% of the total contract amount).

Steve Carmona
SC:NN:KG:np
Enclosure: 1) Professional Services Agreement
AGREEMENT NO. _______

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF PICO RIVERA AND
CRAFTWATER ENGINEERING, INC.

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

2. RECITALS

2.1 City has determined that it requires professional services from a consultant to provide engineering services for the Citywide Regional Trail Entrances and City Entry Points Safety Improvements Project, CIP No. 50117, CRPL-5351(047).

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

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

3. DEFINITIONS

3.1 “Scope of Services”: Such professional services as are set forth in the Consultant’s September 18, 2025 proposal to City attached hereto as Exhibit “A” and incorporated herein by this reference.

3.2 “Approved Fee Schedule”: Such compensation rates as are set forth in the Consultant’s September 18, 2025 proposal to City attached hereto as Exhibit “B.”

3.3 “Commencement Date”: December 9, 2025

3.4 “Expiration Date”: December 31, 2028

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

Enclosure 1
9a
Professional Services Agreement
CRAFTWATER ENGINEERING, INC.

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5. CONSULTANT’S SERVICES

5.1 Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the Parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In no event shall the total compensation and costs payable to Consultant under this Agreement exceed the sum of, Four Hundred Six Thousand Thirty-Five Dollars ($406,035) unless specifically approved in advance, in writing, by City.

5.2 Consultant shall perform all work services in accordance with the current, accepted professional engineering practice appropriate for the size, complexity, schedule, and other characteristics of the Project in the jurisdiction where the Project is located (the “Standard of Care”).

6. COMPENSATION

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

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

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

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

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the performance of its services pursuant to this Agreement. The Consultant shall, consistent with the Standard of Care, comply with such laws, ordinances, codes and regulations. Without limiting the generality of the foregoing, if Consultant is an out-ofstate corporation or LLC, it must be qualified and registered to do business in the State of California pursuant to sections 2105 and 17708.02 of the California Corporations Code.

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

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

10. PERSONNEL
Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant’s services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City’s premises. James Powell, Project Manager, shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made in Consultant’s project administrator without City’s prior written consent.

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

Professional Services Agreement
CRAFTWATER ENGINEERING, INC.

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12. INDEPENDENT CONSULTANT

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

12.2 The Parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship, joint-employer relationship, or any other relationship between Consultant or Consultant’s employees except as set forth in this Agreement.

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

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

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

Professional Services Agreement
CRAFTWATER ENGINEERING, INC.

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

15. INDEMNIFICATION

15.1 The Parties agree that City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to City. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to indemnify and protect City as set forth herein. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

15.2 To the full extent permitted by law, Consultant shall indemnify, hold harmless and defend City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from or arising out of any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant or any of its officers, employees, servants, agents, or subconsultants in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice and expert witness fees and consultant fees. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

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

Professional Services Agreement
CRAFTWATER ENGINEERING, INC.

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

15.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 15 from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible and indemnify, hold harmless and defend City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from or arising out of any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subconsultants or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice and expert witness fees and consultant fees.

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

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

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as Professional Services Agreement
CRAFTWATER ENGINEERING, INC.

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an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

16. INSURANCE

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

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

16.1.1.1 Premises, operations, and mobile equipment

16.1.1.2 Products and completed operations

16.1.1.3 Broad form property damage (including completed operations)

16.1.1.4 Personal Injury

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

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

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

16.1.4 Professional Liability Insurance against errors and omissions in the performance of the work under this Agreement with coverage limits of not less than One Million Dollars ($1,000,000) per occurrence of Professional Services Agreement
CRAFTWATER ENGINEERING, INC.

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claim/ Two Million Dollars ($2,000,000) in the aggregate.

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

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

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

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

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

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

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

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

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

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

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

17. MUTUAL COOPERATION

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

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

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

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

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

If to City: If to Consultant:

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

Pico Rivera, California 90660-1016
Oliver Galang, Vice President
Craftwater Engineering, Inc.
117 E. Colorado Blvd #550
Pasadena, California, 91105
With a courtesy copy to:

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

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

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

22. TERMINATION

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

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

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

24. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY

24.1 In the performance of this Agreement, Consultant shall not discriminate against any employee, subconsultant, or employment applicant because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. Consultant will take affirmative action to ensure that subconsultants, employees, and employment applicants are treated without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

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

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

25. WARRANTIES

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

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

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

26. CAPTIONS

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

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

27. NON-WAIVER

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

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

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

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

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

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

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

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

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

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33. MANDATORY FISCAL AND FEDERAL PROVISIONS
Consultant acknowledges that the funding associated with the Scope of Services under this agreement requires compliance with the provisions the California Department of Transportation Local Assistance Procedures Manual (“LAPM”). Consultant agrees that it will be responsible for ensuring that all required fiscal and federal requirements under the LAPM, including but not limited to those listed under Exhibit D, which are incorporated here by reference. Should any conflict arise between the requirements of Exhibit D and this Agreement, the provisions of Exhibit D shall control to the minimum extent required to resolve such conflict.

TO EFFECTUATE THIS AGREEMENT, the Parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “CITY” “CONSULTANT”
CITY OF PICO RIVERA CRAFTWATER ENGINEERING, INC.
______________________________ ___________________________________ Steve Carmona, City Manager Oliver Galang, Vice President Dated: ________________________ Dated: _____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ ___________________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney

EXHIBIT A

SCOPE OF SERVICES
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0 40 80
Feet
Dog Park
Riparian
Demonstration Garden
DG Path
Boulders
Vehicular Gate
Sensory Garden
Stormwater Basin Water Feature
DG Path
Oak Woodland
Demonstration Garden
Boulders
Fire Lane / Maintenance Road
(DG with Open cell paver shoulders)
Stormwater Creek Water Feature
Gathering Area
New Perimeter Fence
Stormwater Capture System
Access Hatches
Outdoor Classroom
Parking and Maintenance Driveway with
Permeable Pavers and Open Cell Pavers
Stormwater Capture System
Access Hatches, typ.

Pollinator Garden
Access to Willard Elementary School
and Boys and Girls Club
Repurposed
Earthside Gateway
Community Garden
Garden Shed

EATON WASH

EXISTING
(SC

NURSERY

E EASEMENT) UR

EXISTING
PAG
R

ENT CARE KING LOT
Existing Trees to Remain, typ.

Vehicular Fire/Maintenance Gate
Stormwater Spring
Water Feature
Welcome Plaza with
Interpretive Signage
Interpretive Kiosk
Pedestrian Bridge to
Eaton Blanche Park
Stormwater Capture
System Intake and Outlet
Oak Woodland
Demonstration Garden

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APPENDIX C
The undersigned declares states and certifies that:

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

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

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

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

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

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

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

Signature of Authorized Representative
Name of Authorized Representative Title of Authorized Representative Reset Form
Citywide Regional Trail Entrances and City Entry Points Safety Improvements, CIP No. 50117, CRPL-5351(047) City of Pico Rivera 10%
From East City limit to West City limit along Slauson Ave, Washington Blvd and Whittier Blvd Craftwater
Survey & ROW
Electrical, Hydrology and Water
Quality
Environmental and
Permitting
2128
47390
24682
Coast Surveying, Inc. (DBE): Kurt Hoehn,
[email protected] | 714.918.4614
Yao Engineering (DBE)
[email protected] | 626-788-3004
Sapphos Env. (DBE):Marie Campbell,
[email protected]
Brad Wardynski 09/15/2025
213-393-2392
COO

EXPERIENCE SUMMARY
RESUME

SELECTED PROJECT EXPERIENCE
Pacoima Wash Greenway Feasibility Study, Pacoima, CA
Green Infrastructure Lead.

Rio Hondo Ecosystem Project, Arcadia, CA
Landscape Architect.

Merced Avenue Linear Park, El Monte, CA*
Project Manager, Landscape Architect.

Carlisle Street Green Alley, San Fernando, CA
Project Manager.

Los Angeles River Access Plan, City of Vernon*
Project Manager.

PLA, ASLA
Director of Landscape Architecture

EXPERIENCE

EDUCATION

LICENSES & CERTIFICATIONS

PROFESSIONAL HIGHLIGHTS
Principal Landscape Architect RESUME
Eaton Wash Stormwater Project, Pasadena, CA
Principal Landscape Architect.

San Jose Creek Greenway Feasibility Study, City of Industry, CA Technical Advisor.

Los Angeles River Gap Closure Project, Los Angeles County, CA* Technical Lead.

Downtown Revitalization Plan, City of Banning*
Principal Landscape Architect.

Santa Ana River Trail Signage Program, Riverside County Regional Park & Open Space District* Principal Landscape Architect.

Los Angeles River Access Plan, City of Vernon*
Project Manager.

Pershing Bikeway, San Diego Association of Governments* Project Manager/Landscape Architect.

Gage Canal Trail, City of Riverside, CA*
Landscape Architect.

Park to Playa Trail, Los Angeles, CA*
Project Manager, Landscape Architect.

Central/Jefferson and Quincy Jones Green Alley Networks, Los Angeles, CA* Project Manager.

EXPERIENCE SUMMARY
With over three decades of engineering excellence, Oliver Galang stands at the forefront of water resources and stormwater infrastructure in Southern California. As the leader of Craftwater Engineering's Water Resources services in Los Angeles County, Oliver brings a wealth of experience in planning, design, construction, and program management of multi-million-dollar municipal capital improvement projects.

RESUME

RELEVANT EXPERIENCE
Principal Engineer. This project consists of the development of a Feasibility Study and 10% Design a regional stormwater capture project that incorporates creek restoration, natural treatment wetlands, and stormwater use for irrigation. The project consists of 2 locations along the Arroyo Seco Channel in the Cities of Pasadena and South Pasadena.

The project is intended to address the Cities of Pasadena’s and South Pasadena’s water quality actions required under the Upper Los Angeles River Enhanced Watershed Management Program. He was responsible for managing the development of the feasibility study, meeting with the Cities, stakeholders, and assisting the City with securing $5 Million in funding from the Safe, Clean Water Program.

Project Manager.This project consists of the design and construction of a Park. The project consists of a storm drain diversion structure, 7.5-acreLos Cerritos Channel Watershed and the Upper San Gabriel River Enhanced Watershed Management Programs. Oliver is leading the project development team and coordinating these efforts with the City Project Team and the LACFCD.

Project Manager.This project consists of the design and construction of a regional stormwater BMP Project at the City of Carson Carriage Crest Park. The project consists of a storm drain diversion structure, 13.4 acre-foot underground storage facility, and pump station to the sewer the City of Carson’s water quality actions stated under the Dominguez Channel Watershed Management Area Group’s Enhanced Watershed Management Program. Oliver is leading the project development team and coordinating these efforts with the County Sanitation Districts, LACFCD, and the City Project Team.

Oliver D. Galang

PE, ENV SP, QSD/P, QISP
e/ [email protected]
p/ 213.598.4178

EXPERIENCE
30 years

EDUCATION
B.S., Civil Engineering, California State
University, Fullerton, 1993
Engineering Management Graduate
Studies, California State Polytechnic
University, Pomona, 2005

LICENSES & CERTIFICATIONS
Civil Engineer 56558, California, 1997
Envision Sustainability Professional,
November 2014
Oliver D. Galang, PE, ENV SP, QSD/P, QISP
Principal Engineer
e/ [email protected] p/ 213.598.4178
RESUME
RELEVANT EXPERIENCE (Continued)
Project Manager. -weather and
dry- gallery or storage system at two
design support services during construction of the regional BMP. Oliver is leading the project development team and coordinating these efforts with the City Project Team and leading the coordination with the LACFCD.

Project Manager. This project consists of the development of a regional BMP that will divert wet-weather and dry-weather includes stormwater capture and use for irrigation. The diversion structure consists of an airsystem. Oliver is leading the project development team and coordinating these efforts with the City Project Team and leading the coordination with the LACFCD.

Project Manager. This project consists of the development of a visionary, community-based revitalization plan for the 19- miles of the Los Angeles River, from Vernon to Long Beach. The project is being developed in response to Assembly Bill 430, which requires the development of the Lower Los Angeles River Working Group and the development of a revitalization plan that addresses the unique and diverse needs of the Lower Los Angeles River. Oliver, on behalf of the LACFCD, Rivers and Mountains Conservancy, and Assemblyspeaker Rendon, is managing the direction of the technical documentation for the Working Group, the technical teams in assessing the multiple facets of the revitalization plan, which includes a robust Community Engagement Program, assessment of the Community Economics, Public Recreation needs, sustainable water resources, and environmental enhancement opportunities.

Project Manager. He managed the construction phase of this $50 million project, including reviewing contractor submittals, responding to requests for information, and preparing weekly reports. This rehabilitation project was funded by the City’s Proposition O Clean Water Bond. Project goals were to characterize the sediments of the existing lakebed, quantify contaminated soils, design in-lake improvements for a constructed wetland, design surrounding parkland BMPs, and provide vegetation, habitat, and parkland improvements.

Project Manager. This project consists of an evaluation of the Lake Management issues in the reservoir and the development a conceptual design report with those recommendations. This study evaluated water quality challenges in the reservoir, including algae, regulatory demands, and quagga mussel controls in the reservoir. Scope of work also includes the development of a hydrodynamic model to estimate the potential changes to the reservoir as a result of the proposed alternatives including algae harvesting wetlands and a speece cone. He was responsible for managing the project, coordination with the stakeholders, conducting the conceptual alternatives workshop, and the development of the conceptual planning report documents.

RESUME

RELEVANT EXPERIENCE
Eaton Wash Stormwater Capture Project– Pasadena, CA (2024-2025) Project Manager. Providing project management of the design of a 2.5 ac-ft regional stormwater capture and treatment facility along the Eaton Wash channel in Pasadena. The project will provide significant water quality benefits for the City of Pasadena and unincorporated LA County due to the significant drainage area size (10,294 acres), location of the adjacent channel, and available development space. The project will capture and treat 100% of the dry-weather flows in accordance with the Upper Los Angeles River Load Reduction Strategy Plan. The project site is located directly downstream of the area burned by the Eaton Fire and therefore has the potential to remove even more harmful pollutants from the watershed and protect downstream communities and the ocean.

Apollo Park Stormwater Capture Project Feasibility Study – Downey, CA (2021) Managed design of 10% conceptual drawings and Feasibility Study for a regional stormwater capture project submission to the Safe, Clean Program for funding.

The project includes a stormwater diversion from an existing LACFCD storm drain to a 10 acre-feet infiltration system beneath an existing baseball surface.

New catch basins and storm drains are proposed at nearby intersections and will connect to the system and help alleviate local flooding. Reductions of impervious area, a green street, permeable pavement, and diverse natural landscaping provide onsite stormwater management and improve the aesthetics of the park.

MacArthur Park Lake Stormwater Capture Project– Los Angeles, CA (2023- 2025)
Civil Design Project Manager. Providing project management of the civil design of a stormwater capture and treatment facility at MacArthur Park in LA. The project will divert and treat stormwater runoff from existing 42” local storm drain.

Surface improvements include a terraced garden water feature that will recirculate and filter water from the lake as well as new trees.

EXPERIENCE SUMMARY
With more than 19 years of professional experience, Courtney Semlow has provided comprehensive site design and project management for diverse projects, including 1,000-acre mixed use subdivisions and military installation infrastructure throughout the United States and abroad.

Courtney is knowledgeable in all aspects of civil design, including erosion control, water resource management, and road design. She can navigate complicated regulatory requirements, while producing cost-effective solutions that exceed client expectations. Another core area of her work focuses on water quality and stormwater pollution prevention by implementing environmentally sustainable stormwater management solutions, including infiltration basins, permeable pavement, and rain gardens.

Courtney Semlow

PE, ENV SP, CFM
Director of Civil Design
e/ [email protected]
p/ 847.445.0886

EXPERIENCE
19 years

EDUCATION
B.S., General Engineering, University of
Illinois Urbana-Champaign, 2005.

LICENSES & CERTIFICATIONS
Professional Engineer (Civil), CA C94417, MA,
VA, GA
Envision Sustainability Professional (ENV SP)
Certified Floodplain Manager (CFM)
Member, The Association of State Floodplain
Management

Courtney Semlow, PE, ENV SP, CFM
Director of Civil Design | Principal Engineer RESUME
Finkbiner Park Stormwater Capture Project– Glendora, CA (2022-2025) Project Manager. Providing project management of the design of a 5.6 ac-ft underground stormwater capture and infiltration facility. The project seeks to improve water quality by reducing heavy metal pollutants in the San Gabriel River Watershed. The project will divert stormwater runoff from existing LACFCD controlled Little Dalton Wash concrete channel and a local storm drain that drains a total of 1,512.

Surface improvements include a complete renovation of four softball fields including new alignment to allow for more usable space adjacent to the fields. A recirculating stream is also proposed that will utilize dry weather flows and add a calming element to the park.

Wilmington Middle School Greening Project – Los Angeles, CA (2023-2025) Project Manager. Providing project management of the civil design for the replacement of over 14,000 square feet of existing underutilized asphalt pavement areas with green program spaces and outdoor classrooms. We completed a hydrologic analysis to determine stormwater runoff amounts and provided a stormwater treatment and drainage design to improve water quality and ensure proper outflow.

Spane Park Stormwater Capture Project– Paramount, CA (2022-2025) Project Manager. Providing project management of the design of a 5.3 ac-ft underground stormwater capture and treatment facility. The project will divert stormwater runoff from an existing LACFCD double box culvert that drains 1,338 acres at a rate of 20 cfs. The project will reduce pollutants and improve water quality in the Lower Los Angeles River watershed. Surface improvements include a complete renovation of the park including adding more parking and a new soccer field to strengthen the City’s sports programs.

San Jose Creek Bike Trail Hydrologic and Hydraulic Analysis– Placentia, CA (2023-2025) Project Manager. Provided oversight of hydrologic and hydraulic analysis for a proposed bike trail in Pomona, CA along the San Jose Creek concrete channel. We analyzed the existing areas draining towards the channel and recommended stormwater treatment BMPs that could be implemented along the project route. We also provided a hydrologic analysis of the adjacent park to determine if a more regional BMP could be implemented at the park.

Arroyo Seco Water Reuse and Stream Restoration Project– Pasadena, CA (2022-2025) Project Manager. Providing project management of the design of two regional BMPs along the Arroyo Seco channel in Pasadena and South Pasadena. Tasks included performing hydrologic and hydraulic analysis of channel diversions to above ground infiltration BMPs. Dry weather flows will travel through a rock-lined stream to an existing cobble stone channel connected downstream to a golf course where it will be stored, treated, and used for irrigating the golf course.

Atwood Bike Trail Hydrologic and Hydraulic Analysis– Placentia, CA (2022) Project Manager. Provided oversight of hydrologic and hydraulic analysis for a proposed bike trail in Placentia, CA. The proposed bike trail is located adjacent to the existing Atwood concrete channel and will replace the access road. We analyzed the existing areas draining towards the channel and recommended stormwater treatment BMPs that could be implemented along the project route.

Red Morton Community Park Stormwater Capture Project Design– Redwood City, CA (2021-2024) Project Manager. Providing project management for the City of Redwood City to design a multi-beneficial regional stormwater capture practice at Red Morton Community Park. The project is anticipated to divert stormwater from an existing box culvert to a 9.5-acre-foot underground storage system set underneath existing soccer fields. The synthetic turf of the soccer fields are typically replaced every 7-10 years and the timing of this project is set to correlate with that effort. The City and Craftwater have committed to providing a design that meets community desires and stormwater treatment requirements for this 1,650-acre drainage area.

Encanto Park Stormwater Capture Project Design– Duarte, CA (2021-2023) Project Manager. Providing project management to design a multi-beneficial regional stormwater capture practice at Encanto Park in Duarte,CA. The project is anticipated to divert stormwater from an existing 72” storm drain to a 0.6-acre-foot underground infiltration storage system set underneath an existing soccer field. Excess stormwater that is unable to infiltrate will overflow and be treated by an additional filtration system before returning to the storm drain. Expanded landscaping areas within the parking lot will utilize drought tolerant, native plantings that will enhance the look of the parking lot and reduce potable water used for irrigation.

RESUME

RELEVANT EXPERIENCE
MacArthur Lake Stormwater Capture Design Project, City of Los Angeles Provided project management support to develop the
civil plans, specifications, and engineers estimate for the diversion of stormwater to MacArthur Lake. Led the civil design team through the coordination with the prime consultant and other subconsultants to generate a cohesive design that incorporates park improvements and mechanical operations. Evaluated the potential operations of the system and the associated impact on the pollutant removal performance.

Provided QA/QC on flow balance calculations performed by the prime.

Performed optimization modeling to find an appropriate balance of inflow rate, storage volume, and outflow treatment rates to provide the maximum benefit for the minimal cost.

Furman Park Stormwater Capture Project, City of Downey
Providing project management and engineering support
in the full design of a regional BMP project to reduce pollutant loads and runoff volume for a residential watershed. Work included modeling the impacts of different diversion rates on the overall water quality and associated pollutant reduction. The design involved evaluating multiple diversion potential configurations including comparing pumping depths to gravity flow depths to ensure maintainability of the system.

Merrill Taylor
PE
Principal Water Resources Engineer
e/ [email protected]
p/ 801.380.6498

EXPERIENCE
15 years

EDUCATION
M.S., Civil and Environmental Engineering
(Water Resources), Brigham Young
University, 2010
B.S., Civil and Environmental Engineering,
Brigham Young University, 2008

AREA OF EXPERTISE
Feasibility Studies
Safe, Clean Water Program
Watershed hydrology and stormwater
Watershed runoff quality
Water quality modeling
Watershed management plan
development
BMP modeling, evaluation, and design

LICENSES & CERTIFICATIONS
Civil Engineer 81590, California, 2013

EXPERIENCE SUMMARY
Mr. Merrill Taylor is a water resource design engineer providing support to federal, state, and municipal clients in the areas of hydrologic, hydraulic and water quality studies, storm drain and regional retention/infiltration facilities design, and plan, specifications, and estimate development, currently focusing on feasibility and design projects in Southern California. Specifically, he serves as project manager and technical lead for the research, design, and implementation of storm water management practices intended to mitigate flooding and improve water quality, including multiple projects in the Los Angeles and San Diego Region. Project experience includes full hydrology and hydraulics analyses of existing and proposed storm drain networks, design of regional
retention/detention facilities including evaluation of the inflow diversions, storage capacities, and outflow/infiltration possibilities, and development of construction ready plans, specifications, and estimates for storm drain replacement and proposed regional facilities. He also provides engineering support to municipal clients to ensure practicality during the development of watershed management plans and hydromodification management plans to support BMP/LID implementation. He has practical experience in many facets of water resource engineering, with an in-depth understanding of the relationship between hydrology/hydraulics, water quality, watershed management, and regulations.

EXPERIENCE SUMMARY
Ms. Nguyen is a Project Engineer with Craftwater specializing in hydrology, hydraulics, and water quality modeling, analysis, and design. She is passionate about the intersection of water quality and water resources engineering, planning, and environmental policy. Ms.

Nguyen has supported stormwater management, water quality planning, and feasibility studies of pollution control projects in southern California to address a variety of impairments, including metals, bacteria, pesticides, toxic pollutants, and nutrient enrichment.

In addition, she has engaged with broad stakeholder groups to propose scientifically defensible policy recommendations for the Safe, Clean Water Program.

RESUME

RELEVANT EXPERIENCE
Evaluated the feasibility of installing an engineered
underground storage facility underneath Memorial Park based on distance to nearest drainage system, invert elevations, and site topography.

Modeling lead for evaluating different treatment and discharge options, including infiltration, filtration, discharge to the sanitary sewer system, and coordination with the Advanced Water Treatment Facility. Evaluated various in-channel and offline trash capture devices for the Pico-Kenter outfall, including impacts to the hydraulic grade line using SWMM, operations and maintenance activities and costs, and aesthetics. Prepared plan and profile CAD drawings and technical reports for client.

Developed and assessed three design alternatives to
increase the capacity of an existing detention facility in Greer Park and improve the surrounding storm drain system to meet service expectations for the 100-year, 24-hour design storm. Updated inverts and conveyance slopes in the existing PCSWMM model using as-built drawings. Conducted hydraulic analyses to evaluate water surface elevations at key nodes under both 10-year and 100-year, 24-hour storm events. Formulated a recommended alternative based on construction feasibility, opportunities for incorporating nature-based solutions, and estimated capital and ongoing O&M costs. Produced plan and profile CAD drawings and supporting technical
documentation for submittal as part of a FEMA BRIC grant application.

Evaluated the feasibility of installing an engineered
underground storage facility beneath open space adjacent to the Griffith Park monument based on nearest drainage system, invert elevations, and site topography. Modeling lead for evaluating different treatment and discharge options, including recirculation to restore dry portions of the Fern Dell, filtration, and water harvesting.

Pauline Nguyen
e/ [email protected]
p/ 626.340.3820

EXPERIENCE
4 years

EDUCATION
M.S., Civil and Environmental Engineering
(Environmental Engineering Emphasis),
Stanford University (2021)
B.S., Civil Engineering, University of
California, Los Angeles (2019)

LICENSES & CERTIFICATIONS
Professional Engineer (Civil), CA,
No. 95029, 2023
Board Member, American Society of
Civil Engineers Los Angeles Younger
Member Forum
Member (Policy & Permitting
Subcommittee and True Source Control
Subcommittee), California Stormwater
Quality Association
RESUME

RELEVANT EXPERIENCE
Fairplex at Ganesha Park Stormwater Capture Project – Pomona, CA Assisting with design of a regional BMP along the existing stone lined San Jose Creek channel in Pomona. Tasks included performing plotting existing utilities and preparation of a Preliminary Design Report and 30% Design. The underground storage infiltration gallery is divided in two due to the presence of an existing sanitary sewer line. Careful attention was made to the location of stormwater equipment to ensure surface access was easy. The project also includes revitalization of the northern portion of Ganesha Park with new site amenities including a dog park, running track, sprint track, basketball court and native gardens.

Merced Ave Stormwater Capture Project – El Monte, CA
Assisting with design development of documents for a unique stormwater BMP in El Monte, CA. The project includes removal of an existing, City owned, ¾ mile long, trapezoidal channel and replacement with a closed box culvert. On top of the culvert, a bike path is proposed and a bioswale will be installed where the existing access channel is. The bioswale will treat dry weather flows and some wet weather flows. A decomposed granite walking path and passive irrigation will also be included.

Carlisle Street Green Alley – San Fernando, CA
Providing design support for the grant funded green alley project in San Fernando, CA. The alley spanned five blocks behind commercial and residential properties. A sidewalk, bioswale and 16’ roadway were proposed to provide increased walkability and stormwater treatment of surface runoff. The plotting of existing utilities revealed an existing gas line located directly under the entire length of the bioswale requiring coordination with the gas line for restrictions on plantings in the bioswale.

County Road Cul-De-Sacs Flooding Mitigation – Pomona, CA Provided design support for the mitigation of existing surface flooding at 5 cul-de-sacs in Pomona, CA. The cul-de-sacs were flooding due to insufficient drainage infrastructure but the outflows could not be increased as that would increase flows onto a privately owned property. Therefore, the runoff had to be collected and stored onsite. Permeable pavement and plastic permavoid tanks were proposed to remove runoff from the surface and temporarily store the water before it could fully leave through the existing drain inlets. The drainage area to each cul-de-sac was calculated and runoff rates determined. Where space was available, bioswale bumpouts were also proposed to add greenery and temporary storage.

Civil Designer
e/ [email protected]
p/ 951.345.2518

EXPERIENCE
5 years

EDUCATION
B.S. Civil Engineering, University of
California, Irvine, 2016

LICENSES & CERTIFICATIONS
Engineer-in-Training #174179

EXPERIENCE SUMMARY
Viviana Sanchez brings over five years of civil engineering experience in design, plan production, and construction management for projects throughout Southern California and Northern Virginia. She has experience in land development, residential street rehabilitation and public work infrastructure with an emphasis on stormwater compliance. She is currently supporting stormwater design initiatives with Craftwater Engineering in the Los Angeles County area.

RESUME

SELECTED PROJECT EXPERIENCE
Ganesha Park Stormwater Project, Pomona, CA
Landscape Design Lead. Stormwater infiltration galleries are being installed in Ganesha Park south of the San Jose Creek. The existing turf area above the galleries will be replaced with new recreational features, including basketball courts, a running track, dog park, soccer field, and native habitat gardens.

Eaton Wash Stormwater Project, Pasadena, CA
Landscape Design Lead. The Eaton Wash Stormwater Capture Project will significantly enhance water quality for the City of Pasadena and the surrounding region by providing underground stormwater infiltration and treatment components to improve water quality within Eaton Wash, the Rio Hondo and Los Angeles Rivers.

The project site will be transformed into a new park space with community-driven amenities that include a dog park, habitat and sensory gardens, a community garden, creek, pond, and educational exhibits.

Rio Hondo Ecosystem Restoration Project, Arcadia, CA
Landscape Design Lead. This project simultaneously treats stormwater from the Sawpit Wash and uses it to reintroduce native riparian ecosystem species along a new extension of the Rio Hondo Bike Path. Bringing people on foot, bicycle, and horseback to this new set of multiuse pathways includes many educational moments and a mixture of active and passive recreational programming.

Avalon Green Alley Network, LA Sanitation, Los Angeles, CA* Public Outreach & Planning. Public outreach and planning assistance for the development of the joint project between LA Sanitation and The Trust for Public Land to convert a network of South Los Angeles alleys in disrepair into pedestrian and bicycle-friendly spaces that treat and infiltrate stormwater.

LA Arboretum Visitor Plaza, Arcadia, CA*
Project Manager. Fondly referred to as The People’s Garden, the LA Arboretum’s newest update brings the garden’s doorstep back to its historic roots. The project restored the original, historic, Mid-Century gate house structure, undoing a convoluted entry sequence that had deviated from the original master plan. The addition of an accessible Arrival Plaza outside the gates turned sun-baked asphalt into a verdant introduction to the botanical wonders within. A new Visitor Plaza just inside the gates provides a staging area for visitors planning their visit. Interpretive signage educates about the new stormwater management system and donor recognition displays highlight the past, present and future of the LA Arboretum.

Glendale Narrows Riverwalk Ph II, City of Glendale, CA* Project Manager. Extension of Glendale’s bikeway along the north and east side of the Los Angeles River. Half a mile of paved trail connects two new park areas, and provides landings for future pedestrian bridges over the Los Angeles River and Verdugo Wash. The project includes rest areas, overlooks, water fountains, and interpretive signage.

PLA, ASLA
Associate Landscape Architect
[email protected]
626.344.9169

EXPERIENCE
13 years

EDUCATION
B.F.A., Photography, University of
Washington, 2008
B.A., Art History, University of Washington,
2008
Master of Landscape Architecture (M.L.A.),
California State Polytechnic University,
Pomona, 2013

LICENSES & CERTIFICATIONS
Professional Landscape Architect #7088,
California

EXPERIENCE SUMMARY
Eric designs highly contextual places where people, infrastructure, and nature intersect. His fine art background, over a decade of experience in landscape design, and an upbringing in a home sandwiched between a natural river and a rails-to-trails bikeway, provide inspiration and expertise for creating public spaces.

RESUME Associate Landscape Architect
[email protected] 626.344.9169
Rudolph Park, Lawndale, CA*
Project Manager. Rudolph Park was developed from a vacant lot in partnership with The Trust for Public Land to fill a need for new park in an underserved community. The 1.4-acre park is full of custom-designed amenities including a climbing wall, subterranean restroom, an interactive fountain, climbing structures, an amphitheater, and playful shade structures. All the amenities and overall park layout fulfil a concept narrative centered around highlighting the natural history of the site and region.

CSU Dominguez Hills Landscape Master Plan, CA*
Project Manager. The landscape master plan for California State University, Dominguez Hills celebrates the diversity of the campus by transforming the grounds into a showcase of plant species from across the globe. The plan designates quadrants of campus into plant zones, each highlighting species from Mediterranean climate zones that are similar to Southern California’s climate. Pedestrian corridors through campus are given specific identities through tree and pavement selection that help with wayfinding and placemaking. A phased tree replacement plan guides the longevity and resiliency of the campus’s robust but aging tree canopy.

EF Education First Pasadena Campus, CA*
Project Manager. EF Education First, an international English language education company, purchased a disused historic college campus in Pasadena to convert it into an International Boarding School. The project included development of three new dormitory buildings, a new pool and pool house, new sports courts and a soccer field, renovation of six historic buildings, and a complete overhaul to the campus’s high-water use landscape. A surgical approach was required in the landscape to maintain the historic quad and mature tree canopy, while introducing fire lanes and pedestrian circulation between new and existing buildings, as well as converting the previously open campus to one with a secure perimeter.

Madison Ave Park, Los Angeles, CA*
Design Lead. The Trust for Public Land’s Parks for People program led to developing a vacant lot in East Hollywood into a public park that celebrates the neighborhood’s agricultural history. A shade structure in the style of a packing house creates a framework for play themed play equipment. A playful “basketball tree” sprouts from the center of the park, encouraging creative play. A tricycle track rolls around a lawn furrowed as if a plowed field. A prefabricated community building supports an adjacent community garden and serves as a backdrop for public artwork.

Biola University Bardwell Hall, La Mirada, CA*
Landscape Design Lead. Biola University’s Art Department received a building renovation to bring it into the 21st century, complemented by a new landscape that brought instruction and display outdoors. The new landscape program includes an art yard workspace, a deck for dining and instruction, and built-in art display locations throughout. A new monumental staircase and sign brings attention to the new main entrance and gallery space, responding to the building’s architectural interventions. A low-water-use plant palette serves as a testing ground for a future campus-wide landscape master plan.

South Victoria Ave Park, Los Angeles, CA*
Project Manager/Design Lead. Working with The Trust for Public Land, community outreach informed the programming and concept design of a vacant-lot-turned-park in a fractured neighborhood in Hyde Park. The concept narrative centered around the idea of threads weaving a community together. Threads of play, shade, fitness, water, and art, wove an ambitious program together on the small lot. A “basketball wall” anchors the front of the park, providing options for kids of all ages to make up their own ways to play. A mosaic-tiled “creek” greets visitors at the front gate, threading through the park as play element and public art.

UCLA Mildred E. Mathias Botanical Garden Renovation, CA* Project Manager. The historic botanical garden in a shaded ravine at the southeast edge of UCLA was losing water in large quantities due to the degraded lining of its signature recirculating water feature stream. A significant upgrade to the sustainability of campus, the garden renovation project installed a new, durable, fully lined stream. The new stream added stormwater treatment functionality by intercepting existing storm drains and diverting them to biofiltration areas before they discharge to the water feature. A portion of the water feature’s stormwater catchment is repurposed for irrigation on adjacent garden zones. The design team worked closely with the garden staff to ensure the upgraded planting and irrigation of the entire space met the educational goals of the campus and community.

Chaffey College Chino Campus Health Sciences Building, CA* Landscape Design Lead. A cornerstone to Chaffey College’s Chino Campus’s planned science quad, the Health Sciences Building will provide much needed instructional space indoors and out. The landscape design takes advantage of the building’s surroundings to create an outdoor classroom, two gathering/dining spaces, and an amphitheater. The landscape design sets the stage for future development around the quad by introducing a central lawn flanked by bioretention areas and shade trees.

RESUME

RELEVANT EXPERIENCE
Ganesha Park Stormwater Project, Pomona, CA
Landscape Designer. Stormwater infiltration galleries are being installed in Ganesha Park south of the San Jose Creek. The existing turf area above the galleries will be replaced with new recreational features, including basketball courts, a running track, dog park, soccer field, and native habitat gardens.

Center Street Community Garden, Pomona, CA
Design Lead. Craftwater provided stakeholder coordination, conceptual plans, and recommended property agreements for the redesign of the Center Street Community Garden in Pomona. The project included recommendations for stormwater management and education, the addition of outdoor classroom space, and the formalization of garden plots for a more accessible experience for garden participants.

Carlisle Street Green Alley, San Fernando, CA
Project Manager. This project involves the design and implementation of a green alley in the City of San Fernando, on a corridor previously identified in a citywide feasibility study for urban greening and stormwater improvements. The project will incorporate tree planting and other native landscapes, stormwater management, a dedicated pedestrian walkway, new bicycle facility, decorative crosswalks and intersections, and refurbishment of the alley pavement and an adjacent parking lot.

Merced Avenue Linear Park, El Monte, CA*
Landscape Designer. This project brings new life to El Monte’s Merced Avenue with a new median, bike path, and linear park. The design features native planting, shade trees, stormwater capture, separated walking and biking paths, lighting, furnishings, play features, and space for future public art installations.

The project improves neighborhood safety by providing a place to walk and ride bikes that is separated from traffic, while calming vehicular traffic through the introduction of the new median. The project is part of a network of high-quality active transportation corridors that will connect the Rio Hondo Bike, Whittier Narrows, and San Gabriel River.

Central/Jefferson and Quincy Jones Green Alley Networks, Los Angeles* Landscape Designer.This project consists of three green alley networks in South Los Angeles. The design includes stormwater capture via linear infiltration chambers, new landscape areas, decorative surface treatments and interpretive features, new trees, and public art. The alleys enhance public space, provide a safer walking and biking environment, and improved water quality for the neighborhood and region.

Merced Avenue Greenway – South El Monte, CA*
Landscape Designer. Design work included signing and striping, landscape design, and community outreach

EXPERIENCE SUMMARY
Samantha Hernandez is a Landscape Designer with 6 years of professional experience. She has worked on a diverse number of projects, from active transportation, trails, and public spaces. She has supported projects through conceptual design, public outreach, supporting graphics, and PS&E.

ASLA
Lead Landscape Designer
[email protected]
657.215.7580

EXPERIENCE
6 years

EDUCATION
B.S., Landscape Architecture, California
Polytechnic University, Pomona - 2020

LICENSES & CERTIFICATIONS
American Society of
Landscape Architects
Claude Strayer, PE, RSP1
About
Claude is a principal transportation engineer with over 15 years of experience. Specializing in design, his experience includes managing projects focused on signing and striping, design of bicycle and pedestrian facilities, traffic signal upgrades, wayfinding, temporary traffic control, roadway and sidewalk design, and lighting enhancements. He is well-versed in numerous industry standard references including the Manual on Uniform Traffic Control Devices, is a certified road safety professional (Level 1) and serves on the Executive Committee of the Pedestrian and Bicycle Standing Committee of the Institute of Transportation Engineers (ITE).

He has served as Engineer of Record and led teams of designers on a variety of other transportation engineering projects such as temporary traffic control, roadway and sidewalk design, and lighting. He also has experience performing traffic analysis as well as studies with respect to parking and traffic circulation.

Relevant Project Experience
SDSU Mission Valley Campus Engineering (San Diego, CA)
Fehr & Peers handled the transportation planning analysis and design services for the planned SDSU Mission Valley campus at the SDCCU (formerly Qualcomm) Stadium site. This included assisting with the site planning and development of the overall mobility network, which involved multimodal facilities and design of two multilane roundabouts. This included the preparation of the Transportation Impact Analysis (TIA) for the environmental document that included the traffic operations analysis (i.e., level of service at intersections, on roadways, and on freeway facilities). We are currently working at the final design level of the design including roadway signing and striping and traffic signals PS&E for both on and off-site improvements.

SANDAG North Park Mid-City PS&E (San Diego, CA)
Fehr & Peers completed the planning, specifications and estimates (PS&E) for 11 traffic signal modifications along the Meade, Georgia, and Landis bikeways in the North Park-Mid City area of San Diego, as well as the wayfinding design for the Meade and Landis bikeways. The signal modifications included the preparation of 100% plans that addressed the planned removal of separate left-turn lanes at numerous intersections, the installation of curb extensions/bend outs, and modifications to signal phasing. The wayfinding plans included PS&E for confirmation and destination signage based on guidelines previously prepared for SANDAG by Fehr & Peers.

City of Beverly Hills On-Call Traffic Engineering Services (Beverly Hills, CA) Fehr & Peers serves the City of Beverly Hills with an on-call contract for traffic engineering services. We have assisted the City in a wide range of tasks, including an in-depth assessment of safety and operations at a complex intersection, which included presentations to the City Council and Traffic and Parking Commission; development of a Transportation Division Procedures Manual for internal use; review of site plans for the new bikeshare stations; assessment and implementation of a pilot project to convert traditional school crosswalks to continental; evaluation of existing and proposed crosswalks to identify appropriate treatments/enhancements; and traffic-related concerns residents and business owners.

Education
Bachelor of Science, Civil
Engineering, Northeastern
University, 2011
Registrations
Civil Engineer:

California (PE 86774)
Arizona (PE 68882)
Hawaii (PE 17856)
Utah (PE 13889397-2202)
Road Safety Professional 1 (TPCB)
Years of Experience
Total: 15 years
With Fehr & Peers: 8 years
Affiliations
National Committee on Uniform
Traffic Control Devices (NCUTCD),
Technical Member
ITE Pedestrian & Bicycle Standing
Committee Executive Committee
Member
Institute of Transportation
Engineers (ITE), Member
Certifications
Roadway and Interchange Lighting
Design Training –MD State Highway
(2014)
Sustainable Transportation
Professional (STP) Certification –
Greenroads Foundation (2013)
Signing & Pavement Marking Design
Training – MD State Highway (2013)
Karina Carranza, EIT
Design Engineer/Planner
About
Karina is a transportation design engineer/planner with experience in transportation engineering and planning principles, specifically in engineering design and traffic operations. Karina has worked on signing and striping plans, street lighting plans, traffic signal plans, conceptual design, traffic control, and vehicle circulation assessments in AutoTurn, using tools such as AutoCAD and Bluebeam. She is wellversed in traffic operations methodologies and principles and has worked on multiple traffic engineering analysis projects in Synchro.

Relevant Project Experience
City of Pico Rivera, Historic Whittier Boulevard Specific Plan (Pico Rivera, CA) The City developed and is aggressively advancing Pico Rivera 2035 (PR 2035), a modern-day renaissance designed to stimulate holistic community revitalization through smart, equitable, and sustained long-term community development and economic growth. PR 2035 seeks to leverage existing resources to attract significant investments while aligning legislative support for capital infrastructure and innovative programs, projects, and policies that will transform the city and the region alike. The Plan will serve as the foundation for establishing a formal “uptown” district within the city and is expected to include a combination of traditional elements such as land use, housing, parks and open space, private development standards and modern elements such as environmental justice, equity, diversity, inclusion, art and culture. In particular, the Specific Plan will provide guidance for the multimodal and streetscape design plan that will complement proposed land use and policy changes. As a part of the Specific plan, conceptual design of a protected Class IV bikeway was developed along Whittier Boulevard including protected intersections and a pedestrian scramble. Karina serves as the lead design engineer, drafting conceptual parking lot striping design for the protected bikeway.

City of Pasadena, Mt. Wilson Express (Pasadena, CA)
Nature For All, in partnership with the City of Pasadena and the U.S. Forest Service, are developing a pilot transit service to provide access to open space in the San Gabriel Mountains to the greater Los Angeles region with a focus on disadvantaged communities who would access such a shuttle from the regional Metro Rail network to reach popular recreation and hiking areas. Fehr Peers is supporting Vicus Planning in finalizing the details of the pilot route including evaluating the navigational constraints and opportunities along the mountain highways, identifying and designing needed stop improvements, and other transit operations guidance to ensure the pilot implementation is safe, reliable, and accessible for all. Karina serves as the lead design engineer, drafting conceptual parking lot striping designs to accommodate safe bus passenger loading zones.

Education
Bachelor of Science,
Mechanical Engineering,
University of California, Los
Angeles, 2023
Registrations
Engineer-in-Training (EIT) No.
184879
Expertise
Engineering Design
Traffic Analysis
Years of Experience
Total: 2
With Fehr Peers: 2
Rory Baker
Environmental Compliance Coordinator
Rory Baker, Environmental Compliance Coordinator for Sapphos Environmental, Inc., performs impact analysis for various projects under the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). Ms. Baker has gained experience in projects that require varying levels of environmental documentation, including Initial Studies, Categorical Exemption (CE) documents, Mitigated Negative Declarations (MNDs) and addenda, and Environmental Impact Reports (EIRs) and Subsequent EIRs under CEQA.

Ms. Baker has a variety of experience with categorical exemptions under CEQA and with Preliminary Environmental Studies for Caltrans under NEPA. Ms. Baker currently serves as Project Manager for the preparation of environmental documentation for an urban trail project located along a Los Angeles County Flood Control District easement in the City of Glendora, for which she oversees the preparation of substantial evidence documentation for the CEQA categorical exemption, the Preliminary Environmental Study (PES) for the Caltrans NEPA documentation, and the categorical exclusion documentation for the U.S. Army Corps of Engineers NEPA documentation. Additionally, Ms. Baker currently serves as Project Manager for the preparation of environmental documentation for two bikeway projects in the City of Glendora, for which she oversees the preparation of the CEQA categorical exemption and the PES for the Caltrans NEPA documentation. Ms. Baker also served as the assistant project management for the Atwood Multipurpose Trail in the City of Placentia, for which she conducted technical analysis for the Caltrans PES. Ms. Baker has provided project management and technical analysis for the CEQA categorical exemption of several other bicycle and pedestrian projects, including a median park bikeway in the City of El Monte, a traffic calming project in the City of El Monte, a Safe Routes to School project in the City of Oceanside, and a trail in the City of La Canada Flintridge.

Ms. Baker supports project management efforts on Construction Package 4 of the California High-Speed Rail Project.

Ms. Baker has experience preparing environmental documentation in the County of Los Angeles and the surrounding region, including authoring technical sections of the approved Exposition Park Master Plan Subsequent EIR for the State of California (Subsequent EIR to Los Angeles Memorial Coliseum Renovation Project EIR).

Additionally, Ms. Baker has authored sections of the approved Descanso Gardens Master Plan MND for the County of Los Angeles, the Los Angeles County Green Zones Program Programmatic EIR, and the Initial Study for the Big Dalton Spreading Grounds Improvement Project.

Ms. Baker has served as the technical author for multiple CEQA sections, including Agriculture and Forestry Resources, Geology and Soils, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Noise, Public Services, Recreation, and Utilities and Service Systems sections. Ms. Baker also has experience with dosimeters in the field conducting sound monitoring for substantial evidence.

Ms. Baker graduated from California State University, Los Angeles, summa cum laude and with honors from the Honors College. Ms. Baker received her bachelor’s degree in geology, with a concentration on environmental geoscience and a minor in public administration. For her undergraduate thesis, Ms. Baker conducted a water quality study of nitrates in Ballona Lagoon, California, and its regulatory and management implications. Ms. Baker is a member of the California Association of Environmental Professionals (AEP) through which she has completed multiple CEQA and NEPA development workshops.

Selected Project Experience
El Monte Bikeways (2022). Project Manager. Ms. Baker attended meetings with the City of El Monte and coordinated with Alta Planning+Design in the preparation of the substantial evidence documentation to support the CEQA categorical exemption for the El Monte Bikeways Project. The project involved two bicycle and pedestrian facilities, including a median park bikeway and traffic calming project. Ms. Baker prepared the substantial evidence Memorandum for the Record, allowing both projects to be categorically exempt from CEQA.

Role: CE Lead
Background/Certification
Geology, Environmental
Geoscience
Years of Experience: 6
Value Added to Team

CEQA/NEPA
Technical analysis
Project Management
Education
BS, Geology: Environmental
Geoscience, California State
University, Los Angeles (2020)
RESUME
Atwood Multipurpose Trail (2023). Assistant Project Manager. Ms. Baker attending meetings with the City of Placentia and coordinated with Alta Planning+Design in preparation of the environmental documentation for the Atwood Multipurpose Trail Project. The project involved the development of an urban bicycle and pedestrian trail along an existing flood control channel and received federal funds through a Caltrans grant. Ms. Baker prepared the environmental documentation for the project, including preparation of the Caltrans PES Form in compliance with NEPA and the Caltrans Local Assistance Procedures Manual.

Big Dalton Spreading Grounds Improvements Project, Glendora, County of Los Angeles (2021–present).

Technical Author. Ms. Baker attended meetings with the County of Los Angeles and coordinated with the client in the preparation of the Project Description for the Big Dalton Spreading Grounds Improvements Project. Ms. Baker conducted a project site visit and collected noise measurement data on dosimeters in support of the noise analysis.

For the draft Initial Study, Ms. Baker helped prepare the impact analyses for Agriculture and Forestry Resources, Geology and Soils, Hydrology and Water Quality, Noise Public Services, Recreation, and Utilities and Service Systems.

Los Angeles County Green Zones Program, County of Los Angeles (2019–Present). Technical Author. The Green Zones Program includes changes to Title 22 of the County’s zoning code to address incompatible land uses in proximity to sensitive uses by changing regulatory requirements for specific industrial land uses, in addition to revisions to goals, policies, guiding principles, and the Land Use Map Legend to the General Plan Land Use Element. Ms. Baker supported the preparation of the initial study and the Draft Programmatic EIR (PEIR) that was released for public review in December 2020. Ms. Baker supported various sections of the Initial Study, Draft PEIR, and Final PEIR, including analyses of Agricultural and Forestry Resources, Mineral Resources, Hydrology and Water Quality, Land Use and Planning, Population and Housing, Utilities and Service Systems, cumulative impacts, and related projects. The Final PEIR is scheduled for its first public hearing with the Regional Planning Commission on September 22, 2021.

Fatal Flaw Analysis for Glendale Freeway Ramps / Space 134 Cap Preliminary Engineering Study (2020– 2021). Technical Author. Ms. Baker provided technical support in the preparation of the Fatal Flaw Analysis for the Glendale Freeway Ramps/Space 134 Project, an open space transit-oriented project comprising a green space “cap” (Cap) over the California State Route 134 Freeway. The project included the Cap, freeway ramp modifications, and public transit improvements, a 1.25-mile-long stretch and three phases spanning from Pacific Avenue to Glendale Avenue along the 134 Freeway. The analysis consisted of CEQA and NEPA screening and clearance for the proposed project alternatives with a summary of environmental constraints and recommendations for future technical studies. The analysis also included a CEQA/NEPA checklist pursuant to State CEQA and Caltrans Guidelines. Ms. Baker prepared the impact analyses of Agricultural and Forestry Resources, Land Use and Planning, Mineral Resources, and Recreation.

Descanso Gardens Master Plan, La Cañada Flintridge, County of Los Angeles (2018–2020). Technical Author.

The Initial Study and MND evaluated the Descanso Gardens Master Plan and was approved unanimously by the County on October 13, 2020. Ms. Baker conducted a site visit to collect noise measurements and prepared sections of the Initial Study consistent with the County’s CEQA environmental checklist thresholds, as well as the preparation of materials for the in-person public meeting and in addressing responses to comments.

Exposition Park Master Plan, City of Los Angeles (2019–2020). Technical Author. Ms. Baker supported the preparation and circulation of a Subsequent EIR to the 2003 certified Los Angeles Memorial Coliseum Renovation Project EIR evaluating the Exposition Park Master Plan that was approved unanimously by the Board of Directors for Exposition Park and the California Science Center on October 1, 2020. The Master Plan expands the extent of the Coliseum renovation project within its overall context of Exposition Park, overlapping with the original Coliseum renovation project site and the Coliseum District Specific Plan established in Addendum No. 1 to the 2003 EIR. Ms.

Baker prepared the Agricultural and Forestry Resources, Mineral Resources, and Recreation sections of the Initial Study, assisted in the preparation of materials for the in-person public scoping meeting, attended the in-person scoping meeting, and in addressing responses to comments.

Dayna King
Biological Resources Team Lead
Dayna King is a biological resources team lead at Sapphos Environmental, Inc. with 7 years of experience in the field of wildlife biology, including construction surveys and monitoring, project management, agency coordination, construction monitoring, trapping, surveys, radio telemetry, habitat analysis, and laboratory analysis. Ms. King also has experience in marine aquaculture and aquatic species.

Ms. King has worked over 100 survey days conducting transect surveys for pre-construction clearance in the Central Valley and Southern California. Ms. King surveyed for biological resources following agency-approved methods for the detection of state and federal listed species. She is familiar with preparing evaluations of biological resources and identifying plants and wildlife observed during surveys; has evaluated for potential species occurrences; and monitors construction in compliance with
biological/environmental avoidance, minimization, and mitigation measures. In addition to surveys and monitoring, Ms. King has prepared evaluations of biological resources, plant and wildlife identification, habitat assessment, and evaluations of potential for sensitive species occurrence. In the field, Ms. King has conducted trapping efforts, relocations, and burrow excavation for small mammals and herps, habitat assessment and survey design, and field safety.

Ms. King has volunteered for the Valley Forge National Historic Park Crayfish Corps invasive species removal, Wissahickon Valley Park and water maintenance, Tejon Ranch Conservancy Citizen Science, and Kern County and California Bat Working Groups. She has also volunteered with the U.S. Fish and Wildlife Service (USFWS), assisting in aquatic vernal pool surveys for the sampling of California tiger salamander larvae at Don Edwards NWR in San Francisco Bay.

Ms. King has trained at the Blunt Nosed Leopard Lizard Identification and Field Survey Techniques Workshop, Tracking Workshop, Intro to Bats Workshop, and AEP CEQA Basics Workshop and is a Certified Wetland Delineator.

Selected Project Experience
Parsons Transportation Group, 24th Street Widening, Bakersfield, CA. Ms. King assisted with a 300-foot bat exclusion on a longitudinal joint of the 24th Street Bridge in Bakersfield, with an initial site assessment of the bridge to identify the bat roost. Exclusions were installed for a Mexican free-tailed bat colony (Tadarida brasiliensis) with mitigation roost.

Pelicans Jaw Hybrid Solar Project, Lost Hills, CA. Ms. King performed rare plant surveys (i.e., federally and state-listed Threatened and Endangered, Proposed, Petitioned, and Candidate plant species and CNPS List 1B and 2 species) on the project site during the floristic period, appropriate for each of the rare plant species identified with the potential to occur within the disturbed Project area following protocols established by the U.S. Fish and Wildlife Service (USFWS), CDFW, and CNPS. Ms.

Role: Permitting Lead
Years of Experience: 7
Value Added to Team
Species Life History Surveys
Biological Resources
Evaluations
Agency and Client Reports
Plants and Wildlife Surveys
Construction Monitoring
Training and Certifications
Blunt Nosed Leopard Lizard
Identification and Field
Survey Techniques
Workshop
Neotropical Bat Capture and
Acoustics Techniques –
Belize
Acoustics Techniques of
Western Bats
Hawk and Raptor
Identification
Tracking Workshop
Desert Tortoise Council -
Introduction to The Mojave
Desert Tortoise
Certified Wetland Delineator
AEP CEQA Basics
Workshop
AEP 2020 NEPA Workshop.

RESUME
King also provided drafting of a Lake and Streambed Alteration Agreement (LSAA) under Section 1600 of the Fish and Game Code in support of project permitting.

Burbank Water and Power Campus Stormwater Improvements Project, Burbank, CA. Ms. King provided multi agency coordination in support of water permitting efforts for determination of features within the project site that would be subject to regulation by the U.S. Army Corps of Engineers (USACE) under Section 404 and 408 of the Clean Water Act (CWA), the Regional Water Quality Control Board (RWQCB) under Section 401 of the CWA, and the California Department of Fish and Wildlife (CDFW) under Section 1600 of the Fish and Game Code. Ms. King also assisted with the revision and adoption of a Initial Study/Mitigated Negative Declaration in support of the projects CEQA compliance.

Various On-call (CWA) Southern California Edison (SCE) Infrastructure Projects. Biologist. For 2 years, Ms. King conducted focused and protocol surveys, habitat assessments, nesting bird surveys, wetland and waters delineations, construction monitoring, and reporting throughout SCE’s service territory within Tulare, Inyo, Kern, Santa Barbara, Ventura, San Bernardino, Riverside, and Los Angeles counties, including within BLM, Forest Service, and National Forest Lands. Special-status animal experience includes sensitive herpetofauna species, California gnatcatcher, southwestern willow flycatcher, least Bell’s vireo, bald eagle, San Bernardino kangaroo rat, bats, and watchlist species.

Eaton Reservoir Annual Maintenance and Mowing Project, Pasadena, CA. As Designation Bat Biologist, Ms. King performed an assessment for potential bat habitat, nesting bird surveys, and tree surveys. She also coauthored a Habitat Assessment MFR for the western pond turtle (Actinemys marmorata) and several bat species. In support of this ongoing Los Angeles County Public Works project, Ms. King has also performed nesting bird surveys and least Bell’s vireo (Vireo bellii pusillus) surveys in support of the project and coauthored a Habitat Assessment MFR for the western pond turtle (Actinemys marmorata) and several bat species.

SoCalGas L2001W Santa Ana River Project, Riverside, CA. Ms. King was a CDFW and USFWS approved Environmental Monitor for the project. During daily monitoring Ms. King ensured all avoidance and minimization measures were implemented and maintained, including, but not limited to, determining, and delineating appropriate avoidance and construction buffer areas; maintaining delineated access routes and work areas; monitoring for the presence of, and potential impacts to, special-status species; and maintaining/repairing/replacing any exclusionary fencing. Monitors maintained daily reports in the SoCalGas templates. She also performed pre-construction survey efforts including an assessment for potential bat habitat, nesting birds, and least Bell’s vireo (Vireo bellii pusillus) surveys.

Chevron USA, Chevron San Joaquin Valley Business Unit On-call Biological Consulting Services, San Joaquin Valley, CA. Ms. King was trained to set up potential dens for monitoring (using tracking material and remote-sensing camera stations) and shadowed a qualified biologist during track identification. She was also trained to conduct biological resource surveys and implement biological resource avoidance measures. Ms. King continues to conduct surveys to detect biological resources including San Joaquin kit fox (Vulpes macrotis mutica; SJKF) earthen dens and atypical denning structures. She conducted follow-up SJKF den monitoring via tracking medium and remote detection cameras, recorded den identifications, and made independent judgment of den status during surveys.

Education
Certificate in Public
Administration, Santa
Ana College, 1974
Major course work in
Business Administration
& Land Surveying, Santa
Ana College, 1973
Registrations / Certifications
CA, Professional Land
Surveyor No. 4212
Areas of Expertise
Right-of-Way and
boundary analysis
Extensive experience in
managing large survey
project
Years at Firm
44 Years of Experience
60 Ruel del Castillo, PLS | Survey Manager
Mr. del Castillo has 60 years of experience managing field and office operations for all phases of surveying and mapping services. He has hands-on knowledge of various land surveying services, including right-ofway and boundary surveys and analysis, GPS surveys, topographic surveys and analysis, large scale aerial and geodetic control, and monitoring quantities.

Experience
Project: San Vicente Blvd Topographic Survey, Los Angeles, CA Agency: City of Los Angeles, DPW, BOE
. Coast Surveying performed multiple design surveys for street improvement areas outlined in Task Order Solicitation No. 42/TWO 30 by the City of Los Angeles, Department of Public Works, Bureau of Engineering, developed at a 1”=20’ scale. The surveys included detailed mapping of numerous street features and provided elevations at 25-foot intervals for various elements, adhering to the City of Los Angeles benchmark network (NAVD88) for vertical control. The surveys included a legend for abbreviations, line types, and symbols, as well as details on horizontal and vertical control datums.

Project: Rail to Rail Active Transportation Corridor, Los Angeles, CA Client: Los Angeles Metropolitan Transportation Authority . Coast performed a detailed design survey for a multi-use trail that extended from the intersection of West Boulevard and Redondo Boulevard to the intersection of Slauson Avenue and Holmes Avenue, a distance of approximately 6 miles. About 4.5 miles of the survey encompassed roadway and side streets, with the remainder being within rail right of way. Within the section of the project on Slauson Avenue, between Holmes Avenue and Western Avenue, full surveys were made of 18 major intersections to support the design of improved pedestrian access and signalization. In addition to the design survey, right-of-way lines were mapped for the entire alignment.

Project: Spring Street Bicycle Lane Gap Closure Project, Signal Hill, CA Client: City of Signal Hill
. Coast completed a design survey of Spring Street from Atlantic Avenue easterly to the I-405 on-ramp to the east of Junipero Avenue in the west, a distance of approximately 6,800 feet, in Signal Hill to support the Spring Street Bicycle Lane Gap Closure project. The survey was tied horizontally to the California State Plane coordinate system and vertically to the City of Long Beach Survey Benchmark Network. Crosssections were surveyed at a maximum of 50 feet intervals in the final survey that included all culture and utility locations within its limits, accurately representing the existing conditions present at the time of the survey.

Mr. Yao is an electrical engineer with 20+ years of experience in consulting engineering and management. He has designed electrical systems for water and wastewater facilities, industrial facilities, architectural facilities, commercial facilities, and federal facilities. He has provided technical leadership, quality control, and design and construction services.

Mr. Yao has power system experience which includes distribution systems with voltages up to 69kV; prime, standby, and emergency generators; switchgear; switchboards; motor control centers; variable frequency drives; uninterruptible power supplies; lighting; lighting control; fire alarm; telecommunications; security and access control; lightning protection; paging and area warning systems; and microgrids (solar and wind).

Mr. Yao has SCADA systems experience which includes both ring and star topology system architectures, programmable logic controllers (PLC), remote I/O (RIO), and human machine interfaces (HMI). He has experience with major PLC manufacturers such as Allen-Bradley, Square D (Schneider Electric), and Siemens.

Mr. Yao has performed electrical and automation inspections, including underground raceways and ductbanks, grounding, factory inspections, on-site storage, mounting, terminations, substantial completion, final completion, etc.

Mr. Yao served as the
principal engineer for the design of the replacement of the existing electrical and instrumentation system. The design includes a 480V switchboard, MCC, VFD, grounding, lighting, and control panel that communicates via spread spectrum radio.

Mr. Yao
served as the principal engineer for the design of the replacement of the existing electrical and instrumentation system. The design includes a 480V switchboard, MCC, VFDs, grounding, lighting, and control panel that communicates via spread spectrum radio.

Mr. Yao served as the project
manager for the multi-disciplined team responsible for providing third party technical review of the PFAS improvement design at each of the three City owned water treatment facilities.

Mr. Yao served as the
principal electrical engineer for the design of the VFD replacement.

Mr. Yao served as the principal electrical engineer responsible for providing third party technical review of the generator upgrades design at City Yard facility.

Mr. Yao served
as the project manager for the multi-disciplined team responsible for providing design of the improvements at the City’s Golf Course due to the fire in the pro shop.

Mr. Yao served as the
principal electrical engineer for the design of the lighting upgrades at Robert Gross Park, DeBell Golf Range, and DeBell Maintenance Building.

Mr. Yao served as the
principal engineer for the design of the main 480V, 400A switchboard and local control panel with PLC.

Mr. Yao served as the principal
engineer for the design of the main 480V, 400A switchboard and local control panel with PLC.

Mr. Yao served as the
principal engineer for the design of the main 480V, 400A switchboard and local control panel with PLC.

Registration
Professional Engineer:

Florida #69636
California #20976
Nevada #24103
Washington #53989
NCEES Record #45739
Education
B.S. – Electrical Engineering,
Kettering University, 2003
Felix Yao, P.E.

Principal Engineer

EXHIBIT B

APPROVED FEE SCHEDULE

EXHIBIT C

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

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

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

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

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

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

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

7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.

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

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

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

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

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

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

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

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

EXHIBIT D

FEDERAL AND STATE LAPM FORMS
CALTRANS FORM 10-R - REQUIRED FISCAL AND FEDERAL PROVISIONS ARTICLE I. CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the LOCAL AGENCY’s Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

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

ARTICLE II. ALLOWABLE COSTS AND PAYMENTS
A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee. CITY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds CITY’s approved overhead rate set forth in the Cost Proposal. In the event, that CITY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by CITY shall be adjusted by AGREEMENT amendment to accommodate the changed work.

The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by AGREEMENT amendment.

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

C. In addition to the allowable incurred costs, CITY will pay CONSULTANT a fixed fee of $406,035. The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.

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

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

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

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

H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by CITY’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due CITY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to CITY’s Contract Administrator at the following address:

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

Pico Rivera, California 90660-1016
Facsimile: (562) 801-4765
I.The total amount payable by CITY including the fixed fee shall not exceed $250,000.

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

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

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

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

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

ARTICLE IV. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

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

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

ARTICLE V. RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and CITY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT. CITY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

ARTICLE VI. AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by CITY’S Chief Finance Director.

B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by CITY’S Finance Director of unresolved audit issues. The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by CITY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.

D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, CITY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by CITY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by CITY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, CITY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation.

The Cost Proposal shall be adjusted by the CONSULTANT and approved by the CITY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, CITY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI.

Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate. c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.

2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.

3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.

4. CONSULTANT may submit to CITY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of CITY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO CITY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between CITY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.

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

B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the CITY Contract Administrator, except that which is expressly identified in the CONSULTANT’s approved Cost Proposal.

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

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

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

F. Prompt Progress Payment
CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.

G.Prompt Payment of Withheld Funds to Subconsultants
The CITY may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the CITY, of the contract work, and pay retainage to CONSULTANT based on these acceptances. The CITY shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by CONSULTANT or subconsultant to a subconsultant.

Method 1: No retainage will be held by the CITY from progress payments due to CONSULTANT. CONSULTANTS and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the CITY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.

Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subcontract performance, or noncompliance by a subconsultant.

ARTICLE VIII. EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by CITY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services.

CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.

B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by CITY’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.

C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:

1. CONSULTANT shall maintain an inventory of all nonexpendable property.

Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, CITY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit CITY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established CITY procedures; and credit CITY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by CITY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by CITY.

2. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.

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

B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at CITY construction sites, at CITY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve CITY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.

C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.

D. Payroll Records

1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.

2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by CITY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT.

The CONSULTANT is required to forward any requests for certified payrolls to the CITY Contract Administrator by both email and regular mail on the business day following receipt of the request.

3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.

4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by CITY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.

5. The CONSULTANT shall inform CITY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.

6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to CITY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by CITY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.

E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the CITY Contract Administrator.

F. Penalty

1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the CITY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.

2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.

3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.

4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.

5. Pursuant to Labor Code §1775, CITY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.

6. If CITY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if CITY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by CITY.

G.Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the CITY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one half (1.5) times the basic rate of pay, as provided in §1815.

H. Employment of Apprentices

1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.

2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code §1777.7.

ARTICLE X. CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with CITY that may have an impact upon the outcome of this AGREEMENT or any ensuing CITY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing CITY construction project which will follow.

B. CONSULTANT certifies that it has disclosed to CITY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise CITY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either CITY ordinance or State law.

C. The CONSULTANT hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.

D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.

ARTICLE XI. REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any CITY employee. For breach or violation of this warranty, CITY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

ARTICLE XII. NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov.

Code §12990 and 2 CCR § 8103.

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135- 11139.5, and the regulations or standards adopted by CITY to implement such article.

The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this clause.

E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.

G.The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.).

Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

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

I.CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the CITY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

ARTICLE XIII. DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and

4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

B. Any exceptions to this certification must be disclosed to CITY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

C. Exceptions to the Federal Government Excluded Parties List System maintained by the U.S. General Services Administration are to be determined by FHWA.

ARTICLE XIV. DISADVANTAGED BUSINESS ENTERPRISES (DBE)

PARTICIPATION
A. CONSULTANT, subrecipient (CITY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, The CITY shows a contract goal for DBEs. CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.

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

All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts toward the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are purchased from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49CFR26.55 defines "manufacturer" and "regular dealer." This AGREEMENT is subject to 49 CFR Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”.

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

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

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

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

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

Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying CONSULTANT from future proposing as non-responsible E. Termination and Replacement of DBE Subconsultants
CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the CITY’s written consent. CONSULTANT shall not terminate or replace a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the CITY. Unless the CITY’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE Commitment form.

Termination of DBE Subconsultants
After execution of the AGREEMENT, termination of a DBE may be allowed for the following, but not limited to, justifiable reasons with prior written authorization from the LOCAL AGENCY:

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

2. The CITY stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the CITY’s bond requirements.

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

4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).

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

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

7. Listed DBE becomes bankrupt or insolvent or exhibits credit unworthiness.

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

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

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

11. The CITY determines other documented good cause.

CONSULTANT must use the following procedures to request the termination of a DBE or portion of a DBE’s work:

1. Send a written notice to the DBE of the CONSULTANT’s intent to use other forces or material sources and include one or more justifiable reasons listed above. Simultaneously send a copy of this written notice to the LOCAL AGENCY. The written notice to the DBE must request they provide any response within five (5) business days to both the CONSULTANT and the LOCAL AGENCY by either acknowledging their agreement or documenting their reasoning as to why the use of other forces or sources of materials should not occur.

2. If the DBE does not respond within five (5) business days, CONSULTANT may move forward with the request as if the DBE had agreed to CONSULTANT’s written notice.

3. Submit CONSULTANT’s DBE termination request by written letter to the LOCAL AGENCY and include:
• One or more above listed justifiable reasons along with supporting documentation. • CONSULTANT’s written notice to the DBE regarding the request, including proof of transmission and tracking documentation of CONSULTANT’s written notice • The DBE's response to CONSULTANT’s written notice, if received. If a written response was not provided, provide a statement to that effect.

The LOCAL AGENCY shall respond in writing to CONSULTANT’s DBE termination request within five (5) business days.

Replacement of DBE Subconsultants
After receiving the LOCAL AGENCY’s written authorization of DBE termination request, CONSULTANT must obtain the LOCAL AGENCY’s written agreement for DBE replacement. CONSULTANT must find or demonstrate GFEs to find qualified DBE replacement firms to perform the work to the extent needed to meet the DBE commitment.

The following procedures shall be followed to request authorization to replace a DBE firm:

1. Submit a request to replace a DBE with other forces or material sources in writing to the LOCAL AGENCY which must include:
a. Description of remaining uncommitted work item made available for replacement DBE solicitation and participation.
b. The proposed DBE replacement firm's business information, the work they have agreed to perform, and the following:
• Description of scope of work and cost proposal
• Proposed subcontract agreement and written confirmation of agreement to perform on the Contract
• Revised Exhibit 10-O2: Consultant Contract DBE Commitment

2. If CONSULTANT has not identified a DBE replacement firm, submits documentation of CONSULTANT’s GFEs to use DBE replacement firms within seven (7) days of LOCAL AGENCY's authorization to terminate the DBE. CONSULTANT may request the LOCAL AGENCY's approval to extend this submittal period to a total of 14 days. Submit documentation of actions taken to find a DBE replacement firm, such as:
• Search results of certified DBEs available to perform the original DBE work identified and or other work CONSULTANT had intended to self-perform, to the extent needed to meet DBE commitment
• Solicitations of DBEs for performance of work identified • Correspondence with interested DBEs that may have included contract details and requirements • Negotiation efforts with DBEs that reflect why an agreement was not reached • If a DBE's quote was rejected, provide reasoning for the rejection, such as why the DBE was unqualified for the work, or why the price quote was unreasonable or excessive • Copies of each DBE's and non-DBE's price quotes for work identified, as the LOCAL AGENCY may contact the firms to verify solicitation efforts and determine if the DBE quotes are substantially higher
• Additional documentation that supports CONSULTANT’s GFE The LOCAL AGENCY shall respond in writing to CONSULTANT’s DBE replacement request within five (5) business days.

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

The CITY shall request CONSULTANT to:

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

2. Provide this notification before starting the affected work

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

If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify CONSULTANT in writing of the certification date. CONSULTANT shall submit the notifications to the CITY. On work completion, CONSULTANT shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form to the CITY within 30 days of contract acceptance.

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

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

G. Commercially Useful Function
DBEs must perform a commercially useful function (CUF) under 49 CFR 26.55 when performing work or supplying materials listed on the DBE Commitment form. The DBE value of work will only count toward the DBE commitment if the DBE performs a CUF. A DBE performs a CUF when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the AGREEMENT is commensurate with the work it is actually performing, and other relevant factors.

CONSULTANT must perform CUF evaluation for each DBE working on a federal-aid contract, with or without a DBE goal. Perform a CUF evaluation at the beginning of the DBE’s work and continue to monitor the performance of CUF for the duration of the project.

CONSULTANT must provide written notification to the LOCAL AGENCY at least 15 days in advance of each DBE's initial performance of work or supplying materials for the Contract. The notification must include the DBE's name, work the DBE will perform on the contract, and the location, date, and time of where their work will take place.

Within 10 days of a DBE initially performing work or supplying materials on the Contract, CONSULTANT shall submit to the LPA the initial evaluation and validation of DBE performance of a CUF using the LAPM 9-J: Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Include the following information with the submittal:
• Subcontract agreement with the DBE
• Purchase orders
• Bills of lading
• Invoices
• Proof of payment
CONSULTANT must monitor all DBE’s performance of CUF by conducting quarterly evaluations and validations throughout their duration of work on the Contract using the LAPM 9-J: DBE Commercially Useful Function Evaluation. CONSULTANT must submit to the LOCAL AGENCY these quarterly evaluations and validations by the 5th of the month for the previous three months of work.

CONSULTANT must notify the LOCAL AGENCY immediately if they believe the DBE may not be performing a CUF.

The LOCAL AGENCY will verify DBEs performance of CUF by reviewing the initial and quarterly submissions of LAPM 9-J: DBE Commercially Useful Function Evaluation, submitted supporting information, field observations, and through any additional LOCAL AGENCY evaluations. The LOCAL AGENCY must evaluate DBEs and their CUF performance throughout the duration of a Contract. The LOCAL AGENCY will provide written notice to the CONSULTANT and the DBE at least two (2) business days prior to any evaluation. The CONSULTANT and the DBE must participate in the evaluation. Upon completing the evaluation, the LOCAL AGENCY must share the evaluation results with the CONSULTANT and the DBE. An evaluation could include items that must be remedied upon receipt. If the LOCAL AGENCY determines the DBE is not performing a CUF, the CONSULTANT must suspend performance of the noncompliant work.

CONSULTANT and DBEs must submit any additional CUF related records and documents within five (5) business days of LOCAL AGENCY’s request such as:
• Proof of ownership or lease and rental agreements for equipment • Tax records
• Employee rosters
• Certified payroll records
• Inventory rosters
Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE.

If CONSULTANT and/or the LOCAL AGENCY determine that a listed DBE is not performing a CUF in performance of their DBE committed work, CONSULTANT must immediately suspend performance of the noncompliant portion of the work. LOCAL AGENCY may deny payment for the noncompliant portion of the work. LOCAL AGENCY will ask the CONSULTANT to submit a corrective action plan (CAP) to the LOCAL AGENGY within five (5) days of the noncompliant CUF determination. The CAP must identify how the CONSULTANT will correct the noncompliance findings for the remaining portion of the DBE's work. LOCAL AGENCY has five (5) days to review the CAP in conjunction with the CONSULTANT’s review. The CONSULTANT must implement the CAP within five (5) days of the LOCAL AGENCY's approval. The LOCAL AGENCY will then authorize the prior noncompliant portion of work for the DBE's committed work.

If corrective actions cannot be accomplished to ensure the DBE performs a commercially useful function on the Contract, CONSULTANT may have good cause to request termination of the DBE.

H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.

I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

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

L. For projects awarded on or after March 1, 2020, but before September 1, 2023: after submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant must complete and email Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to local administering agencies. For projects awarded on or after September 1, 2023: Exhibit 9-F is no longer required.

Instead, by the 15th of the month following the month of any payment(s), the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract. If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

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

ARTICLE XV. FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.

B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to LOCAL AGENCY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

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

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

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

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

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

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

ARTICLE XVIII. DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.

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

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

C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.

ARTICLE XIX. INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.

ARTICLE XX. SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Vehicle Code §591, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

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

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

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

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

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

ARTICLE XXII. CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION

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

B. CONSULTANT’s personnel that LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from LOCAL AGENCY. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.

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

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

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

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

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

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

ARTICLE XXIV. NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.

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

ARTICLE XXVI. PROMPT PAYMENT
A. PROMPT PAYMENT FROM LOCAL AGENCY TO CONSULTANT The LOCAL AGENCY shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the LOCAL AGENCY fails to pay promptly, the LOCAL AGENCY shall pay interest to the CONSULTANT, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and prorated as necessary. Upon receipt of the payment request, the LOCAL AGENCY shall act in accordance with both of the following:
(1) The LOCAL AGENCY shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.
(2) The LOCAL AGENCY must return any payment request deemed improper by the LOCAL AGENCY to the CONSULTANT as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.

B. PROMPT PAYMENT CERTIFICATION For projects awarded on or after September 1, 2023: the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract by the 15th of the month following the month of any payment(s).

If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P. The LOCAL AGENCY must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and nonDBE firms, and address any shortfalls to the DBE commitment and prompt payment issues until the end of the project. The LOCAL AGENCY must email a copy of Exhibit 9- P to [email protected] before the end of the month after receiving the Exhibit 9-P from the CONSULTANT.

ARTICLE XXVII. TITLE VI ASSURANCES (APPENDIX A AND E)

APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment:

In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information. e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or ii. cancellation, termination or suspension of the Agreement, in whole or in part f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

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

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

Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federalaid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq).

A Regular Meeting of the Water Authority was held in the Auditorium, Pico Rivera Senior Center, 9200 Mines Avenue, Pico Rivera, California.

Meeting was jointly held with the City Council and Water Authority. Items appear as listed on the combined agenda for the meeting of September 23, 2025.

Authority President Garcia called the meeting to order at 6:03 p.m.

PRESENT: Camacho, Lara, Lutz, Sanchez, Garcia
ABSENT: None
PUBLIC COMMENTS: None
CONSENT CALENDAR ITEMS:

Water Authority:

7. Minutes:
• Approved Water Authority regular meeting of July 8, 2025

8. Amendment No. 1 with W.A. Rasic Construction Co. Inc. and Doreck Equipment Rentals Inc. for On-Call Emergency Water System Repairs and Services. (500)

1. Approved Amendment No. 1 to Professional Services Agreement No. 22- 67 with W.A Rasic Construction Co. Inc., for a two-year term extension;

2. Approved Amendment No. 1 to Professional Services Agreement No. 22- 68 with Stephen Doreck Equipment Rentals Inc., for a two-year term extension;

3. Authorized the Executive Director to execute Amendment No. 1 to Professional Services Agreement No. 22-67, in a form approved by the General Counsel; and

4. Authorized the Executive Director to execute Amendment No. 1 to Professional Services Agreement No. 22-68, in a form approved by the General Counsel.

Agreement No. 22-67-1 Agreement No. 22-68-1
Motion by Commissioner Dr. Sanchez, seconded by Commissioner Lutz to approve Consent Calendar Item Nos. 7 and 8. Motion carries by the following roll call vote:

AYES: Camacho, Lara, Lutz, Sanchez, Garcia
NOES: None
CONSENT CALENDAR ITEMS PULLED FOR FURTHER DISCUSSION: None Tuesday, September 23, 2025
10 9-23-25 Water Minutes

Page 2 of 2 ends

REGULAR AGENDA: None
ADJOURNMENT:

President Garcia adjourned the Water Authority meeting at 6:43 p.m. in memory of residents Carmen Zuniga and Margo Jimenez. There being no objection it was so ordered.

AYES: Camacho, Lara, Lutz, Sanchez, Garcia
NOES: None
________________________________
John R. Garcia, President
ATTEST:
________________________________
Cynthia Ayala, CMC, Authority Secretary
I hereby certify that the foregoing is a true and correct report of the proceedings of the Water Authority regular meeting dated September 23, 2025, and approved by the Water Authority on October 28, 2025.
_______________________________
Cynthia Ayala, CMC, Authority Secretary
To: President and Commissioners
From: Executive Director
Meeting Date: December 9, 2025
Subject: PROFESSIONAL SERVICES AGREEMENT FOR DESIGN
SERVICES OF PFAS TREATMENT SYSTEM, PHASE 2 PROJECT
(CIP NO. 50065)
Recommendation:

1. Approve the Sole Source Justification for Jacobs Engineering Group, Inc. (Jacobs) to complete the design of the per- and polyfluoroalkyl substances (PFAS) Treatment System, Phase 2 Project (Project) (CIP No. 50065) as the current Engineer-of-Record, having completed the 75% design under Phase 1 (CIP No. 50042);

2. Award a Professional Services Agreement to Jacobs for design and construction support services for the PFAS Treatment System, Phase 2 Project (CIP No. 50065) in an amount not-to-exceed $363,390;

3. Authorize the Executive Director to execute the agreement in a form approved by the General Counsel; and

4. Amend the fiscal year (FY) 2025–26 Pico Rivera Water Authority (PRWA) Budget by appropriating $1,150,000 from the Water Authority Fund Balance to CIP No. 50065, Account No. 550.70.7340.54500-CIP50065.

Strategic Priority:
3 - Infrastructure - Plan, fund, build, and maintain reliable and cost-effective infrastructure that contributes to enhancing quality of life.

Strategy:

3.3 Complete construction of necessary infrastructure projects to implement master plans in a timely manner.
11 WATER AUTHORITY AGENDA REPORT – MEETING OF DECEMBER 9, 2025

PROFESSIONAL SERVICES AGREEMENT FOR DESIGN SERVICES OF PFAS TREATMENT SYSTEM, PHASE 2 PROJECT (CIP NO. 50065)

Page 2 of 3 ends

Fiscal Impact:

The FY 2025–26 Pico Rivera Water Authority Budget requires a budget amendment to appropriate $1,150,000 to Account No. 550.70.7340.54500-CIP50065 from the Water Authority Fund Balance (Fund 550), to fund completion of the design phase, project management, escalation in construction costs, and construction contingency. No appropriation from the City’s General Fund is required.

Background:

On May 23, 2019, the State Water Resources Control Board (SWRCB) Division of Drinking Water (DDW) mandated the monitoring of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), both part of the per- and polyfluoroalkyl substances (PFAS) chemical family. Since 2019, PRWA has remained vigilant about being in full compliance with all SWRCB and DDW monitoring and notification requirements.

To maintain regulatory compliance and ensure uninterrupted water service, PRWA initiated the design and construction of PFAS treatment systems at three (3) water treatment plants. Those three (3) water treatment facilities were completed and operational per the following:

TREATMENT FACILITY DATE OF OPERATION
Well No. 5 August 2, 2024
Plant No. 1 December 2, 2024
Plant No. 2 December 3, 2024
Discussion:

The City’s current effort focuses on Plant No. 3, the final water facility requiring PFAS treatment. On June 14, 2023, PRWA executed Agreement No. 23-73 with Jacobs Engineering Group, Inc. for design, bidding, and construction support services for PFAS Treatment Systems at Plants Nos. 1, 2, and 3, and Well No. 5, for a not-to-exceed amount of $1,289,194.

To comply with new federal requirements associated with an Environmental Protection Agency (EPA) grant recently awarded for the Project, design modifications for Plant No. 3 are necessary. As the prior agreement with Jacobs expired on May 11, 2025, a new professional services agreement is required for Jacobs to complete the remaining design and provide construction support.

Jacobs Engineering Group, Inc. is the Engineer-of-Record for the PFAS Treatment System Project and the sole entity with complete knowledge of the project’s design and regulatory coordination history. Retaining Jacobs as a sole source engineer ensures continuity, maintains legal accountability, and avoids duplication of effort or risk of design inconsistency.

WATER AUTHORITY AGENDA REPORT – MEETING OF DECEMBER 9, 2025

PROFESSIONAL SERVICES AGREEMENT FOR DESIGN SERVICES OF PFAS TREATMENT SYSTEM, PHASE 2 PROJECT (CIP NO. 50065)

Page 3 of 3 ends

The new agreement will not be funded by the EPA Grant, as the grant only covers construction-related activities. A summary of the estimated total project costs and their respective funding sources is provided below:

Project Expenditures Amount
Design, Bidding, Construction Support $363,390
SCADA Panel Design and Fabrication $36,610
Construction $3,000,000
Construction Contingency $300,000
Construction Management and Inspection $300,000
Project Management $500,000
TOTAL ESTIMATED PROJECT COST: $4,500,000
Conclusion:

Staff recommend the Pico Rivera Water Authority approve Jacobs Engineering Group, Inc. as a sole source engineer-of-record and approve a Professional Services Agreement and its execution in an amount not-to-exceed $363,390 for Jacob’s completion of design, bidding, and construction support services for the Project.

Staff further recommend amending the FY 2025–26 Water Authority budget to appropriate $1,150,000 from the Water Authority Fund Balance (Fund 550) to CIP No. 50065, Account No. 550.70.7340.54500-CIP50065 to complete the Project.

Steve Carmona
SC:NN:GE:np
Enclosure(s):1) Sole Source Justification
2) Professional Services Agreement
Project Funding Amount
Water Fund 698 - EPA Earmarked Grant (Construction Only) $2,500,000 Water Fund 550 - Appropriated $850,000
Water Fund 550 - Additional Appropriation Requested $1,150,000 TOTAL PROJECT BUDGET: $4,500,000
Administrative Services Department (Finance) /Procurement Division T:\Finance\Public\Forms\Purchasing Forms
Last Revised: 12/3/2025
Jacobs Engineering Group, Inc.

Completion of design of PFAS Treatment System at Water Plant No. 3.

Plant 3 design was 75% complete by Jacobs prior to phasing-out as separate project.

Sole Source Vendor Justification
Attach to all Sole Source Purchases exceeding $5,000.00 Vendor's Name:

Item/Service being purchased:

One-of-a-kind The commodity or service has no competitive product (one of a kind) IS ONLY AVAILABLE FROM ONE VENDOR ANYWHERE.

No Substitute A component or replacement part has no substitute AND CAN BE OBTAINED

FROM ONLY ONE VENDOR
Compatibility Compatibility is the overriding consideration. Needs to comply with another design that is currently in place AND CAN ONLY BE OBTAINED FROM ONE VENDOR.

Delivery Date The ability of ONLY ONE VENDOR to meet a necessary delivery date AND DELIVERY DATE IS AN URGENT CONSIDERATION.

Follow-up Service ONLY ONE VENDOR is able to make on-call repairs at a particular location.

Emergency Urgent need for the item or service does not permit soliciting competitive bids, as in cases of emergencies, disaster, etc.

Product or service can only be obtained from this vendor because it is from the manufacturer or from a manufacturer certified dealer/repair center.

Explain why this vendor is the only one able to provide the service(s)/good(s):

Jacobs Engineering Group, Inc. is the sole provider of design services (design vendor) for the City of Pico Rivera’s PFAS Systems and the current Engineer-of-Record for this project’s 75% complete PS&E.

No other firm has their familiarity with the project, has the established rapport with the State Water Board specific to our permit, nor can they assume legal responsibility for continuing the design based on existing work.

Manufacturer
Direct
Required Signatures:
____________________ ________
Requesting Employee Date
____________________ ________
Department Head Date
____________________ ________
Finance Director (up to $30K) Date
____________________ ________
City Manager (over $30K) Date
Requesters Name: __Gene Edwards__________ Department: __Public Works_____ Date: 11/25/25 11a
AGREEMENT NO. _______

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE PICO RIVERA WATER AUTHORITY AND
JACOBS ENGINEERING GROUP, INC.

1. IDENTIFICATION
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the Pico Rivera Water Authority, a California municipal corporation (“PRWA”) and Jacobs Engineering Group, Inc. (“Consultant”). PRWA and Consultant are sometimes hereinafter individually referred to as a “Party” and collectively referred to as “Parties.”

2. RECITALS

2.1 PRWA has determined that it requires professional services from a consultant to provide engineering services for the design, bidding and construction support of the PFAS Treatment System Phase 2 Project (CIP 50065).

2.3 PRWA and Consultant previously entered into Agreement No. 23-73 Professional Service Agreement between the Pico Rivera Water Authority and Jacobs Engineering Group, Inc. for the design, bidding and construction support of the PFAS Treatment System which expired on May 11, 2025. PRWA and Consultant desire to enter into this Agreement for Consultant to complete the remaining Scope of Services under Agreement No. 23-73.

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

3. DEFINITIONS

3.1 “Scope of Services”: Such professional services as are set forth in the Consultant’s September 19, 2025 proposal to PRWA attached hereto as Exhibit “A” and incorporated herein by this reference.

3.2 “Approved Fee Schedule”: Such compensation rates as are set forth in the Consultant’s September 19, 2025 proposal to PRWA attached hereto as Exhibit “B.”

3.3 “Commencement Date”: December 9, 2025

3.4 “Expiration Date”: June 30, 2030
Enclosure 1
11b
Professional Services Agreement

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5. CONSULTANT’S SERVICES

5.1 Consultant shall perform the services identified in the Scope of Services.

PRWA shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the Parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In no event shall the total compensation and costs payable to Consultant under this Agreement exceed the sum of Three Hundred Sixty-Three Thousand Three Hundred Ninety Dollars ($363,390.00), unless specifically approved in advance, in writing, by PRWA.

5.2 Consultant shall perform all work to the degree of skill and diligence normally employed by professional engineers or consultants, in accordance with the customary and reasonable standards of the industry, in performing the same or similar Services at the time said services are performed.

6. COMPENSATION

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

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

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

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

8. COMPLIANCE WITH LAWS
Consultant shall keep informed of State, Federal and Local laws, ordinances, codes and regulations that in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Consultant shall at all times comply with such laws, ordinances, codes and regulations. Without limiting the generality of the foregoing, if Consultant is an out-of-state corporation or LLC, it must be qualified and registered to do business in the State of California pursuant to sections 2105 and 17708.02 of the California Corporations Code. The PRWA, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.

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

Cindy Yeager, P.E., PMP shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made in Consultant’s project administrator without PRWA’s prior written consent.

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Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant. If any state, federal, or local law requires mandatory copyright protection for Consultant’s work product, PRWA shall comply with such laws to the extent feasible.

12. INDEPENDENT CONSULTANT

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

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

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own hours and location of work.

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

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

15. INDEMNIFICATION

15.1 To the fullest extent permitted by law, Consultant shall indemnify, hold harmless and defend PRWA, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against claims, demands, lawsuits, causes of action, losses, costs or expenses asserted by third parties for damage due to death or personal injury and damage to any tangible property to the proportionate extent resulting from or arising out of the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, servants, agents, or subconsultants in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of PRWA’s choice and. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

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

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

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15.4 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 15 from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In addition, Consultant shall obtain certificates of insurance in the amounts listed in Section 16, for each and every subconsultant or contractor, naming PRWA as additional insured.

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

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

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

16. INSURANCE

Professional Services Agreement

JACOBS ENGINEERING GROUP, INC

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Pico Rivera City CouncilDecember 9, 2025

Pico Rivera City Council
December 9, 2025