voice response (IVR) system using Visa, MasterCard, Discover, and electronic check (echeck). Paymentus has provided reliable payment processing services that enhance customer convenience and improve the City's ability to collect utility revenues electronically. The current Master Services Agreement is scheduled to expire on July 16, 2026.
Discussion:
Paymentus continues to provide a critical service by allowing Utility Billing customers to make payments online and by telephone twenty-four hours a day, seven (7) days a week.
These services contribute to customer convenience and support timely revenue collection for the City's water utility operations.
Since the agreement's execution, Paymentus implemented a one-time 10% fee increase, effective April 1, 2023. No additional fee increases are proposed under Amendment No. 1, and all service fees will remain consistent with the current fee schedule set forth in Schedule A of the agreement included in Enclosure 1.
In February 2025, the City began utilizing the 3Di/Engage online permitting and payment platform. Since its launch, approximately 30% of Paymentus users have transitioned to the new system. While the platform has provided additional payment options, users have experienced various technical issues. As a result, staff have been evaluating alternative payment solutions, including capabilities available through the City's existing Enterprise Resource Planning (ERP) system, New World Systems, to provide a more user-friendly and reliable payment experience.
Staff is recommending a one (1) year extension of the existing agreement with Paymentus to ensure uninterrupted payment processing services while evaluating alternatives for a more comprehensive customer payment platform. The options staff is exploring would provide enhanced functionality, including online account management, electronic bill presentation, current and historical water usage, and the ability to make one-time or recurring payments.
The proposed amendment extends the existing agreement through July 16, 2027, includes an automatic one-year renewal provision unless either party provides at least three (3) months' written notice of its intent not to renew, and does not otherwise alter the scope of services. The automatic renewal provision is intended to provide operational flexibility and ensure continuity of electronic payment services should implementation of the City's New World Systems payment solution, or another long-term payment solution, extend beyond the anticipated June 2027 implementation timeline. This provision also helps avoid the need for expedited Council action should additional implementation time be required.
CITY COUNCIL AGENDA REPORT – MEETING OF JULY 14, 2026
AMENDMENT NO. 1 TO THE MASTER SERVICES AGREEMENT WITH PAYMENTUS
CORPORATION
Extending the agreement will ensure uninterrupted electronic payment services for Utility Billing customers while providing staff sufficient time to evaluate available technologies, assess system compatibility requirements, and develop a long-term payment strategy.
Upon completion of this assessment, staff anticipates returning to the City Council with recommendations for a comprehensive payment processing solution that enhances customer service and operational efficiency.
Pursuant to Municipal Code § 3.20.030, the City may waive competitive bidding requirements when it determines that services or supplies are unique due to availability.
Staff has determined that extending the existing agreement with Paymentus is in the City's best interest because the company is already fully integrated into the City's utility billing operations and can continue providing uninterrupted service during the evaluation period. Implementing a different payment processing solution on an interim basis would require additional staff resources, system integration efforts, customer transition activities, and potential implementation costs. Because staff is actively evaluating longterm payment-processing alternatives, a one-year sole-source extension is the most efficient and cost-effective way to maintain service continuity. At the same time, a comprehensive solution is identified and procured.
Conclusion:
Staff recommends approval of the sole-source justification and Amendment No. 1 to extend the Master Services Agreement with Paymentus for one (1) year. Approval of the sole-source justification and Amendment No. 1 will ensure continuity of electronic payment services for Utility Billing customers while allowing staff adequate time to evaluate and procure a comprehensive customer payment solution that better meets the City's future operational and customer service needs.
Steve Carmona
SC:AG:JG:JA:ep
Enclosure(s): 1) Sole Source Justification
2) Amendment No. 1 to the Master Services Agreement
3) Paymentus Corporation Master Services Agreement
4) Rate Increase Notice
Administrative Services Department (Finance) /Procurement Division T:\Finance\Public\Forms\Purchasing Forms
Last Revised: 3/27/2024
Sole Source Vendor Justification
Attach to all Sole Source Purchases exceeding $10,000.00 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 product 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.
Manufacturer
Direct
Required Signatures:
____________________ ________
Requesting Employee Date
____________________ ________
Department Head Date
________
Date
________
____________________
Finance Director (up to $40K)
____________________
City Manager (up to $60K) Date
Explain why this vendor is the only one able to provide the service(s)/good(s):
__________________________________________________________ __________________________________________________________ __________________________________________________________ Requesters Name: Department: Date: ______
Vendor's Name:
Item/Service being purchased: _________________________________________________________________ _______________________________________________________________________________________ Enclosure 1
9a
11605 N. Community House Road, Suite 300
Charlotte, NC 28277
CONFIDENTIAL AND PROPRIETARY
Paymentus legal | Revised 6.10.20
AMENDMENT NO. 1 TO MASTER SERVICES AGREEMENT
This Amendment No. 1 (“Amendment”) amends the Master Services Agreement (the “Agreement”) effective as of March 20, 2012 between the City of Pico Rivera CA ("Client") with a principal place of business located at 6615 Passons Blvd., Pico Rivera, CA 90660 and Paymentus Corporation, a State of Delaware Corporation with a principal place of business at 11605 N. Community House Rd, Suite 300, Charlotte, North Carolina 28277 (“Paymentus”). Client and Paymentus are also referred to as “Party” and collectively as the “Parties.” This Amendment is effective at the time of the last to sign of the Parties (“Amendment Effective Date”).
STATEMENT OF PURPOSE
Client and Paymentus entered into the Agreement for electronic bill payment services; The Parties agree to amend the Agreement to update the Paymentus Fees and to extend the term of the agreement to July 16, 2027.
AGREEMENT
In consideration of mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Client and Paymentus agree as follows:
1. Amendment. The Agreement is hereby amended as of the Amendment Effective Date as follows:
1.1 Schedule A – Paymentus Service Fee Schedule (“Schedule A”) of the Agreement is hereby deleted and the new Schedule A attached here is substituted in lieu thereof.
1.2 The Parties agree to extend the term of the Agreement to July 16, 2027 (“Term”). At the end of the Term, the Agreement will automatically renew for successive one (1) year periods (each a “Renewal Term”) unless either Client or Paymentus provides the other Party with not less than three (3) months prior written notice before the automatic renewal date that it elects not to automatically renew the term of the Agreement.
2. Miscellaneous:
2.1 This Amendment is binding and inures to the benefit of the Parties and their respective successors and assigns.
2.2 All other terms and conditions of the Agreement not modified by this Amendment remain in full force and effect.
2.3 This Amendment may be executed in two or more counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument.
Enclosure 2
9b
11605 N. Community House Road, Suite 300
Charlotte, NC 28277
CONFIDENTIAL AND PROPRIETARY
Paymentus legal | Revised 6.10.20
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed by their duly authorized representatives.
CITY OF PICO RIVERA CA PAYMENTUS CORPORATION
By: _ ______________ By: _____________________________________ Printed Name: _________________________ Printed Name: ____________________________ Title: _________________________________ Title: ___________________________________ Date: ________________ _______________ Date: ___________________________________
11605 N. Community House Road, Suite 300
Charlotte, NC 28277
CONFIDENTIAL AND PROPRIETARY
Paymentus legal | Revised 6.10.20
Schedule A – Paymentus Fee Schedule
The Services will consist of the Services indicated in the following table. The Paymentus Fees (“Fees”) are specified below, and will be paid by the Client (“Client Fee”), unless Client designates as a User Fee (“User Fee”). Client directs Paymentus to implement the Fees set forth below:
* All payment methods offered under IPN and digital wallets such as PayPal, Venmo, PayPal Credit, Apple Pay, Google Pay, and others as offered by Paymentus
Average Bill Amount Maximum Payment Amount
$187.03 $400.00
Client shall comply with all program rules, network rules and applicable laws in connection with Client’s assessment of the Fees set forth above. Multiple Payments may be made. Paymentus may apply different limits per Payment for User adoption or to mitigate risk.
Payment Methods Fees Fee Model
*Instant Payment Network™ $1.71 per Payment
Client Fee
Credit, Debit Cards
(Visa, MasterCard, Discover)
$1.71 per Payment
American Express 3.03% of the Payment Amount
ACH/eCheck $1.10 per Payment
Enclosure 3
9c
11605 N. Community House Road
Suite 300
Charlotte, NC 28277
February 23, 2023
Via: USPS
City of Pico Rivera CA – Marcle Medina
6615 Passons Blvd, Pico Rivera, CA 90660
Re: Notification of Amendment and Fee Adjustment
Dear Marcle Medina:
For many years, Paymentus has worked diligently to absorb processing cost increases without adjusting fees or impacting our customers. Due to events that have continued to increase the cost of processing transactions, we have determined that a fee adjustment is necessary to maintain the high level of service and support that we pride ourselves on providing to our clients. We want to assure you that we have made every effort to minimize the impact of the adjustment on our valued clients.
Effective 4/1/23, your Master Services Agreement (MSA) is hereby amended as follows: the fees set forth on Schedule A of your current MSA with Paymentus, will be increased by 10%.
We continue to value your business, and remain committed to delivering the best possible service and support to you and your customers. Please feel free to contact Paymentus Customer Care to discuss any additional questions or concerns that you may have about this notification. Customer Care can be reached at (800) 420-1663 or via email at the following address: [email protected].
Thank you for your understanding and continued support.
Sincerely,
Peter Fanous
Peter Fanous
Senior Vice President
cc: Jerry Portocalis, Chief Commercial Officer
Lori Hogg, VP of Customer Success
Enclosure 4
9d
To: Mayor and City Council
From: City Manager
Meeting Date: July 14, 2026
Subject: AMENDMENT NO. 2 TO PROFESSIONAL SERVICES
AGREEMENT NO. 22-2083 WITH SOUTHLAND TRANSIT, INC.
FOR THE CITY’S DIAL-A-VAN OPERATION AND
MAINTENANCE SERVICES
Recommendation:
1. Approve Amendment No. 2 to Professional Services Agreement No. 22-2083 with Southland Transit, Inc., to continue providing the City's Dial-A-Van transit services for Fiscal Year 2026-27 and to exercise the second one (1)-year extension term, for a not-to-exceed annual amount of $600,000; and
2. Authorize the City Manager to execute Amendment No. 2, awarding a second one (1)-year agreement extension in a form approved by the City Attorney.
Strategic Priority:
1 - Fiscal & Organizational Sustainability - Create a City government built to adapt to change.
Strategy:
1.4 Foster organizational sustainability to ensure long-term stability.
Fiscal Impact:
The fiscal year (FY) 2026-27 Adopted Budget includes adequate appropriations to cover the not-to-exceed annual costs of $600,000 for Dial-A-Van transit services under Proposition A Contracted Services (Account No. 205.80.8410-54500 Non-CIP 9123), to fully cover the cost of this one (1)-year extension.
No additional appropriations are needed at this time.
10 Back to Outline
CITY COUNCIL AGENDA REPORT – MEETING OF JULY 14, 2026
AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT NO. 22-2083 WITH SOUTHLAND TRANSIT, INC. FOR THE CITY’S DIAL-A-VAN OPERATION AND
MAINTENANCE SERVICES
Discussion:
On April 26, 2022, the City Council awarded a three-year Professional Services Agreement to Southland Transit, Inc. through a Request for Proposal process for the City’s Dial-A-Van (DAV) operation and maintenance services, in the amount of $1,289,489. Over the course of the fiscal years, both revenue hours and miles have increased due to rising ridership and expanded service levels.
On April 22, 2025, the City Council approved Amendment No. 1 to Agreement No 22- 2083 with Southland Transit, Inc., increasing the agreement by $250,000 for a revised not-to-exceed contract total of $1,539,489.
Additionally, the City Council also approved the first one (1)-year extension term of the Agreement for the FY 2025-26, in an amount not-to-exceed $600,000, bringing the total agreement amount to $2,139,489.
The first one (1)-year extension term is set to expire on June 30, 2026. Per the Term of Agreement and Time of Performance section, the City reserves the right, at its sole discretion, to award two (2) one (1)-year extensions contingent upon exemplary contract performance. Based on Southland Transit, Inc.’s continued high-quality service, the City intends to exercise the second one (1)-year extension for FY 2026–27 in the amount of $600,000.
Conclusion:
Staff recommends that City Council approve the second one (1)-year extension term of the Agreement for Fiscal Year 2026–27, in an amount not-to-exceed $600,000, bringing the total agreement amount to $2,739,489. In addition, authorize the City Manager or his designee to execute the amendment on a form approved by the City Attorney.
Steve Carmona
SC:PY:VG:cr
Enclosure: 1) Amendment No. 2
Enclosure 1
AMENDMENT NO. 2
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF PICO RIVERA AND
SOUTHLAND TRANSIT, INC., AGREEMENT NO. 22-2083
THIS AMENDMENT NO. 2 TO AGREEMENT NO. 22-2083 FOR
PROFESSIONAL SERVICES (“Amendment No. 2"), effective as of the date specified in paragraph 3 hereof, is made and entered into by and between the CITY OF PICO RIVERA (“CITY”), and SOUTHLAND TRANSIT, INC., (“CONTRACTOR”).
RECITALS
A. CITY and CONTRACTOR (collectively referred to as the “PARTIES”) have previously executed that certain Professional Services Agreement No. 22-2083 (“Agreement”) relating to professional services in the City of Pico Rivera.
B. The PARTIES, mutually satisfied with each other’s performance, desire to amend the Agreement to increase the Compensation related to the professional services contemplated therein.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Compensation. Section 6 of the Agreement is hereby amended as follows:
6. (Compensation and Billing)
6.1 Contractor 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 Contractor under the Agreement exceed the sum of $2,739,489 unless specifically approved in advance, in writing, by City.
Additionally, the City is approving and exercising its right in granting to Contractor a one (1) year extension pursuant to Section 4.1 of the Agreement. The total compensation for the one-year extension period from July 1, 2026 to June 30, 2027 is set in an amount not-to-exceed $600,000, unless specifically approved in advance, in writing, by the City. This extension brings the total compensation amount to $2,739,489.
2. Term. Section 4.1 of the Agreement is hereby amended as follows:
4.1 The Agreement shall commence on July 1, 2022 (“Effective Date”) and shall expire on June 30, 2027.
3. Effect. Except as modified herein, either expressly or by necessary implication, 10a
Back to Outline
Amendment No. 2 to Professional Services Agreement No. 22-2083 SOUTHLAND TRANSIT, INC.
the terms, and provisions of the Agreement between CITY and CONTRACTOR shall remain in full force and effect. If there is conflict between this Amendment and the Agreement, the terms of this Amendment No. 2 will prevail.
4. Effective Date. Unless otherwise specified herein, this Amendment No. 2 shall become effective as of the date set forth below on which the last of the parties, whether CITY or CONTRACTOR, executes this Amendment No. 2.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be executed and attested by their respective officers hereunto duly authorized. “CITY” “CONTRACTOR”
CITY OF PICO RIVERA SOUTHLAND TRANSIT, INC.
A California municipal corporation
______________________________ _________________________________ Steve Carmona, City Manager Jason Snow, Vice President & COO Dated: ________________________ Dated: ____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ _________________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney To: Mayor and City Council
From: City Manager
Meeting Date: July 14, 2026
Subject: AMENDMENT NO. 4 TO AGREEMENT NO. 17-1761 AND
AMENDMENT NO. 4 TO AGREEMENT NO. 17-1762 WITH
HAZELRIGG CLAIMS MANAGEMENT SERVICES
INCORPORATED, A TRISTAR COMPANY
Recommendation:
1. Approve the Sole Source Justification for Tristar Risk Management for the continued third-party administration services for workers’ compensation and general liability claims;
2. Approve Amendment No. 4 to Agreement No. 17-1761 with Tristar Risk Management, formerly Hazelrigg Claims Management Services, Incorporated (HCMS);
3. Approve Amendment No. 4 to Agreement No. 17-1762 with Tristar Risk Management, formerly HCMS; and
4. Authorize the City Manager to execute the amendments in a form approved by the City Attorney for the Workers’ Compensation and Property and Liability claims administration services.
Strategic Priority:
1 - Fiscal & Organizational Sustainability - Create a City government built to adapt to change.
Strategy:
1.3 Improve organizational effectiveness to reduce costs and streamline efforts.
Fiscal Impact:
The fiscal year (FY) 2026-27 Budget has sufficient appropriation in GL Account No. 100.60.6005.54500 to cover these two amendments, totaling $100,112: Workers’ Compensation ($53,543) and Property and Liability ($46,569). Adequate appropriations 11 Back to Outline
CITY COUNCIL AGENDA REPORT – MEETING OF JULY 14, 2026
AMENDMENT NO. 4 TO AGREEMENT NO. 17-1761 AND AMENDMENT NO. 4 TO AGREEMENT NO. 17-1762 WITH HAZELRIGG CLAIMS MANAGEMENT SERVICES
INCORPORATED, A TRISTAR COMPANY
will be included in FY 2027-28 budgets to fund the estimated amount of $104,117 for both Workers’ Compensation ($55,685) and Property and Liability ($48,432) in the same GL Account.
Background:
On June 13, 2017, the City Council approved agreements with Hazelrigg Claims Management Services (now TRISTAR Risk Management) to provide third-party administration services for the City's Workers' Compensation and Property and Liability claims following the City of Pico Rivera’s (City) transition to CSAC Excess Insurance Authority. Since that time, TRISTAR has served as the City's third-party claims administrator.
Discussion:
The City has worked with TRISTAR Risk Management for the past nine (9) years, during which TRISTAR has consistently provided effective third-party claims administration services. Through its experienced staff, established procedures, and familiarity with the City's operations, TRISTAR has delivered timely claims management, thorough documentation, and responsive customer service. These efforts have improved the efficiency of claims administration, supported positive employee relations, reduced claim costs, and contributed to favorable experience modification factors.
Pursuant to Municipal Code § 3.20.030, the City may waive competitive bidding requirements when it determines that services or supplies are unique due to availability.
Staff have determined that continuing to use TRISTAR is justified based on its compatibility with the City's existing claims administration processes, historical claims data, established workflows, and operational coordination with CSAC Excess Insurance Authority. In addition, TRISTAR currently administers the City's active workers' compensation and liability claims, and transferring those files during the claims lifecycle could delay claim resolution and increase administrative costs.
TRISTAR has demonstrated consistent, high-quality performance, institutional knowledge of the City’s claims history, and operational continuity that would be difficult to replicate without disruption to claims handling, regulatory compliance, and cost containment efforts. Transitioning to a new TPA would require significant time and resources, including data migration, onboarding, and potential service gaps, which could adversely affect the City’s risk management program. Accordingly, it is in the City’s best interest to approve an extension of the current agreement. During this extension period, staff will conduct a comprehensive, formal competitive procurement process to evaluate the marketplace and ensure the City secures the most qualified and cost-effective TPA services going forward. A one-year extension will provide sufficient CITY COUNCIL AGENDA REPORT – MEETING OF JULY 14, 2026
AMENDMENT NO. 4 TO AGREEMENT NO. 17-1761 AND AMENDMENT NO. 4 TO AGREEMENT NO. 17-1762 WITH HAZELRIGG CLAIMS MANAGEMENT SERVICES
INCORPORATED, A TRISTAR COMPANY
time for staff to develop a comprehensive request for proposals, evaluate qualified firms, negotiate a new agreement, and complete an orderly transition if a different provider is ultimately selected.
Conclusion:
Staff recommends approving the sole-source justification for TRISTAR Risk Management, approving the amendments to the Professional Services Agreements for the continued provision of third-party administration services, and authorizing the City Manager to execute the amendments in a form approved by the City Attorney. Approval of the proposed amendments will ensure uninterrupted claims administration services while allowing staff sufficient time to complete a competitive procurement process for future third-party administration services.
Steve Carmona
SC:NK:sp
Enclosure(s): 1) Sole Source Justification
2) Amendment No. 4 to Agreement No. 17-1761
3) Amendment No. 4 to Agreement No. 17-1762
Administrative Services Department (Finance) /Procurement Division T:\Finance\Public\Forms\Purchasing Forms
Last Revised: 3/27/2024
Sole Source Vendor Justification
Attach to all Sole Source Purchases exceeding $10,000.00 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 product 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.
Manufacturer
Direct
Required Signatures:
____________________ ________
Requesting Employee Date
____________________ ________
Department Head Date
________
Date
________
____________________
Finance Director (up to $40K)
____________________
City Manager (up to $60K) Date
Explain why this vendor is the only one able to provide the service(s)/good(s):
__________________________________________________________ __________________________________________________________ __________________________________________________________ Requesters Name: Department: Date: ______
Vendor's Name:
Item/Service being purchased: _________________________________________________________________ _______________________________________________________________________________________ 11a
AMENDMENT NO. 4
TO THE PROFESSIONAL SERVICES AGREEMENT
WITH HAZELRIGG CLAIMS MANAGEMENT SERVICES, INCORPORATED, A TRISTAR COMPANY, AGREEMENT NO. 17-1761
THIS AMENDMENT NO. 4 TO AGREEMENT NO. 17-1761 FOR
PROFESSIONAL SERVICES OF WORKERS’ COMPENSATION CLAIMS
ADMINISTRATOR SERVICES (“Amendment No. 4"), effective as of the date specified in paragraph 4 hereof, is made and entered into by and between the CITY OF PICO RIVERA, a California municipal corporation (“CITY”), and HAZELRIGG CLAIMS
MANAGEMENT SERVICES, INCORPORATED, A TRISTAR COMPANY
(“CONTRACTOR”).
RECITALS
A. CITY and CONTRACTOR (collectively referred to as the “PARTIES”) have previously executed that certain Agreement for Professional Services, Agreement No. 17-1761 (“Agreement”) relating to workers’ compensation claims administrator services in the City of Pico Rivera.
B. The PARTIES have since then, executed Amendment No. 1, Amendment No. 2 and Amendment No. 3 for the purpose of extending the Term and Compensation thereto.
C. The PARTIES desire to amend Agreement No. 17-1761 once more as set forth below.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. MODIFICATION OF ESTIMATED AMOUNT AND CONTRACT EXPIRATION DATE.
The contract amount as set forth in Section 3 (Compensation) of the Agreement shall be modified as follows:
CONTRACTOR shall provide the services described in Exhibit A and Exhibit B to this Amendment No. 4 regarding professional services and shall be compensated at $4,462 per month for an amount not to exceed $53,543 for fiscal year 2026-27.
In fiscal year 2027-28 shall be compensated at a rate of $4,640 per month for an amount not to exceed $55,685.
2. TERM EXTENSION.
The contract term set forth in Section 2 (Effective Date and Term) of the Agreement shall be modified as follows:
The Agreement shall expire on June 30, 2028, unless sooner terminated as hereinafter provided. 11b
Back to Outline
Amendment No. 4 to Agreement No. 17-1761
TRISTAR RISK MANAGEMENT
3. EFFECT OF AMENDMENTS.
Except as modified herein, either expressly or by necessary implication, the terms and provisions of the Agreement between the CITY and CONTRACTOR shall remain in full force and effect. If there is conflict between this Amendment No. 4 and the Agreement, the terms of this Amendment will prevail.
4. EFFECTIVE DATE.
Unless otherwise specified herein, this Amendment No. 4 shall become effective as of the date set forth below on which the last of the parties, whether CITY or CONTRACTOR, executes this Amendment No. 4.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 4 to be executed and attested by their respective officers hereunto duly authorized. “CITY” “CONTRACTOR”
CITY OF PICO RIVERA HAZELRIGG CLAIMS MANAGEMENT
SERVICES, INCORPORATED, A TRISTAR
COMPANY
______________________________ _________________________________ Steve Carmona, City Manager Thomas J. Veale, President
Dated: ________________________ Dated: ____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ _________________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney
EXHIBIT A
EXHIBIT B
TRISTAR offers a wide variety of Optional Services and Preferred Provider Specialty Services to enhance Clients’ programs and maximize savings.
Preferred Provider Specialty Services
Preferred Provider Specialty Services fees are effective January 1, 2026, and rates are subject to increase with thirty (30) days written notice or upon renewal.
Fees listed for Preferred Provider Specialty Services (“PPSS”) are paid as Allocated Loss Adjustment Expenses or, where required by state law, as loss.
TRISTAR may charge administrative fees to the providers of the Preferred Provider Specialty Services. The administrative services may include, but not be limited to, overhead costs for the oversight and management of vendors, which includes developing and overseeing quality standards, developing and maintaining EDI interfaces and reports, and ensuring proper mandatory state compliance and reporting.
Preferred Provider Specialty Services
Service Fee
Medical Cost Containment Services/Managed Care
Medical Bill Review
Provider/Ancillary Bill Review $10 per bill
Hospital Bill Review (in and outpatient) 15% of savings capped at $25,000 per bill $500 per bill
Specialty Review
(Clinical Nurse Review, Enhanced Savings, Out-of-network, hardware reviews)
27% of savings capped at $25,000 per bill
Network Fees
(PPO/PBM/PT/DME/Diagnostics)
27% of Savings (all savings are post fee schedule or
U&C)
e-billing $2 per bill
Duplicate Bills/Duplicate Line Items/Monthly Savings
Reporting No Charge
Utilization Review
Pre-clinical review $45 per pre-clinical review
Pre-Certification (In- or Out-Patient and medications) and Concurrent Review $154 flat per pre-certification
Concurrent Review (Review during hospitalization or
outpatient treatment. $134 per hour
Peer Review
Level 1
(Includes review of medical records and communication of decision in writing to all parties)
$305 flat rate for peer review of
episodes of care identified on medical
bill review.
Level 2
(Includes review of medical records, discussion with treating physician, and communication of decision in writing to all parties) $335 flat rate when assigned by a nurse
case manager following case manager
file review, or receipt of a referral by
adjuster for review.
Nurse Triage
Telephonic Nurse Triage
(Nurse aids injured worker in self-treatment or sets up an appointment with appropriate provider utilizing medical triage guidelines/follow-up calls)
$128 per intake call (includes wallet
card template for employees)
Telephonic Nurse Triage Follow-up No charge
Preferred Provider Specialty Services
Service Fee
Medical Cost Containment Services/Managed Care
(one call back for all self-directed care)
Nurse Case Management
Telephonic Case Management (CA) $128 per hour
Field Case Management (CA) $145 per hour * plus IRS mileage rate Early Intervention Nurse Case Management (15 days) $90 flat fee for medical only/lost time claims
Catastrophic Case Management
(High level of RN interaction with immediate response to significant injury, e.g., severe head injury, severe burns, gunshot.
Available 24/7)
$185 per hour plus mileage
Pharmacy Benefit Management
Clinician Intervention: Complex Pharmacy Management,
Weaning Protocols
(Weaning is available when opioids have been prescribed for 60+ days with no evidence that the physician will end the treatment pattern.)
$140 per hour
Physician Intervention: Complex Pharmacy Management.
(Utilized in instances of numerous drug interactions of opioids, hypnotics, and anti-depressants, requiring a physician-tophysician review of treatment patterns and weaning options.
Follow-up calls made by a pharmacy case manager.)
$150 per hour pharmacist/pharmacist
technician intervention plus passthrough of actual physician fees Drug Testing: Full, Quantitative Testing
(Candidates may be referred or identified by TMC based on risk factors such as claim age, high medication use, safety risk, injury type, etc.)
$480 per test with report summary
Other Networks
California Medical Provider Networks (MPN) $75 per claim plus medical bill review fee Liability Medical Cost Containment )
Auto No-Fault/PIP Medical Bill Review $8.50 per bill
Liability Medical Review $45 per bill
RN Liability Medical Review market rate
Other Claim Management Support Services
Claim Reporting: Fax or Email $15 per report
Claim Reporting: Web Portal/Internet No charge
Claim Reporting: Telephonic
(Operator service 24/7/365 with customized scripting as requested by Customer. Claimant and/or designated Customer representative calls to report claims; receives assistance with facility direction if requested by customer, responds to inquiries, and other customized notifications.)
$30 per intake call
Special Investigations Outsourced at industry market rates ISO Reports
(Includes OFAC, Child Support Leins, Social Security checks for all claims. Includes EDI (12 months of reports) for WC.) $29.95 per report (workers’ compensation
claims)
$15.00 per report (liability claims)
MMSEA Reporting $12 per claim
Subrogation/Recovery/Restitution 20% of all recovery net of expenses (nonlitigated) 35% of all recovery net of expenses
(litigated)
MSA Cost Projection at industry market rates
Preferred Provider Specialty Services
Service Fee
Medical Cost Containment Services/Managed Care
Mileage IRS allowance rate
Optional Services
Optional Services fees are effective January 1, 2026, and rates are subject to increases on a periodic basis but not more frequently than every 12 months.
If a Customer requests any of the Optional Services listed below, the associated fees will be invoiced to the Customer at the time of the request and annually if appropriate.
Optional Services
Available upon request of Customer
Service Description Included in
Schedule A fees
Optional Service
Fee
TRISTAR Connect users *
(“Additional User Rate”)
Allows a client to add additional
users with access to the portal XX Users $750 per user per year
Claim Reviews
(“Claim Review Rate”)
Allows a client to request
additional claim reviews XX included $950 Telephonic
$2,500 in-person
OSHA Reports*
(“OSHA Rate”)
Custom data collecting or reporting
beyond the standard information
needed for OSHA 300/300A logs
Data for OSHA
300 and 300A
included
$5,000 per year
Customized Interface
(“Customized Interface Rate”) Build data feed to third-party claims system for program None
$200 per hr
Time/ Expense
basis
Data Interface Maintenance*
(“Data File Rate”)
Maintain monthly data feed to
third-party system on behalf of
Customer
None $1,500 per year
Customized Reporting
(“Customized Reporting Rate”)
If customized programming is
needed None $200 per hr
Time/Expense basis
Self-Insured Reports
(“SIR Report Rate”)
Extensive annual reporting to the
appropriate state agency
overseeing self-insured entities
None
in accordance with
TRISTAR’s then-current
rates, which vary by state,
Loss Control and Safety
Services
(“Loss Control Rate”)
Services determined to be
appropriate after consultation with
Aspen RMG
None $175.20 per Hour
Remote Ergonomic
Assessments
(“Ergonomic Assessment Rate”)
Allows Clients to request
assessments for traditional or
virtual offices using photos, video,
and video conferencing
None $320 flat fee
ERGOhealthy Resource Center
(“ERGOhealthy Rate”)
Online ergonomic website with
direct access to an Ergonomic
Coach
None $11 employee/year
(minimum 400 participants)
* The Additional User Rate, OSHA Rate, and Data File Rate each shall be prorated for each applicable Optional Service added at any time other than as of the Effective Date or a subsequent Increase Date Preferred Provider Specialty Services
Service Fee
Medical Cost Containment Services/Managed Care
Liability Medical Cost Containment
Auto No-Fault/PIP Medical Bill Review $8.50 per bill
Liability Medical Review $45 per bill
RN Liability Medical Review $140 per hour
Other Claim Management Support Services
Claim Reporting: Fax or Email $15 per report
Claim Reporting: Web Portal/Internet No charge
Claim Reporting: Telephonic
(Operator service 24/7/365 with customized scripting as requested by Customer. Claimant and/or designated Customer representative calls to report claims; receives assistance with facility direction if requested by customer, responds to inquiries, and other customized notifications.)
$30 per intake call
Special Investigations Outsourced at industry market rates ISO Reports
(Includes OFAC, Child Support Leins, Social Security checks for all claims.)
$15.00 per report (liability claims)
MMSEA Reporting $12 per claim
Subrogation/Recovery/Restitution 20% of all recovery net of expenses (nonlitigated) 35% of all recovery net of expenses (litigated)
MSA Cost Projection at industry market rates
Mileage IRS allowance rate
Allocated Loss Adjustment Expenses (“ALAE”)
ALAE includes any fee or expense which is chargeable or attributable to the investigation, coverage analysis, adjustment, negotiation, settlement, defense, or general handling of any Claim or action related thereto, or to the protection and/or perfection of the Customer and/or Carrier's right of subrogation, contribution or indemnification, all as reasonably determined by TRISTAR. Allocated Loss Adjustment Expense(s) may be incurred for services provided by TRISTAR, its affiliates and subsidiaries, or third parties and include, but are not limited to:
♦ attorney's fees and disbursements incurred in connection with the determination of coverage and/or the adjustment, defense, negotiation, or settlement of any Claim; attorney's fees incurred for representation at depositions, hearings, pretrial conferences, and/or trials; ♦ fees and expenses incurred for: handling any Alternative Dispute Resolution (ADR) proceeding; legal actions, including trials or appeals; pursuing any declaratory judgment action, including deposition fees; cost of appeal bonds; court reporter or stenographic services, filing fees, and other court costs, fees and expenses; transcript or printing services and all discovery expenses; service of process; witnesses' testimony, opinions, or attendance at hearings or trial;
♦ fees and expenses for attendance at or participation in ADR proceedings, hearings, trials, or other proceedings by TRISTAR personnel or its subcontractors; ♦ statutory fines or penalties; pre- and post-judgment interest paid as a result of litigation, unless regulatory or reporting requirements define such interest as loss or indemnity payments; ♦ subcontractors' fees and travel expenses, including independent adjusters, automobile and property appraisers, to the extent that same are incurred in the adjustment, negotiation, settlement, or defense of any Claim;
♦ fees and expenses incurred in conjunction with the telephonic, web, or other electronic methods of reporting Claims;
♦ experts' fees and expenses including reconstruction experts, engineers, photographers, accountants, economists, metallurgists, cartographers, architects, hand-writing experts, physicians, appraisers, and other natural and physical science experts, plus the fees and expenses associated with preparation of expert reports, depositions, and testimony; ♦ fees and expenses for surveillance, undercover operative and detective services or any other investigations;
♦ fees and expenses for medical examinations or autopsies, including diagnostic services and related transportation services, durable medical equipment, and medical reports and rehabilitation evaluations, unless regulatory or reporting requirements define such fees and expenses as loss or indemnity payments;
♦ fees and expenses for any public records, medical records, credit bureau reports, index bureau reports, and other like reports;
♦ fees and expenses incurred where TRISTAR determines it is reasonable to pursue the rights of contribution, indemnification, or subrogation of the Customer, including attorney and collection agency fees and/or expenses;
♦ medical or vocational rehabilitation fees and expenses, and all other medical cost containment services, including, but not limited to utilization review and management, pre-audit admission authorization, hospital bill audit or adjudication, provider bill audit or adjudication, and medical case management, if applicable, unless regulatory or reporting requirements define such expenses as loss or indemnity payments; and
♦ extraordinary travel and related fees and expenses incurred by TRISTAR at the express request of Customer, which are not otherwise payable under this Agreement.
AMENDMENT NO. 4
TO THE PROFESSIONAL SERVICES AGREEMENT
WITH HAZELRIGG CLAIMS MANAGEMENT SERVICES, INCORPORATED, A TRISTAR COMPANY, AGREEMENT NO. 17-1762
THIS AMENDMENT NO. 4 TO AGREEMENT NO. 17-1762 FOR
PROFESSIONAL SERVICES OF PROPERTY AND LIABILITY CLAIMS
ADMINISTRATOR SERVICES (“Amendment No. 4"), effective as of the date specified in paragraph 4 hereof, is made and entered into by and between the CITY OF PICO RIVERA a California municipal corporation (“CITY”), and HAZELRIGG CLAIMS MANAGEMENT SERVICES, A TRISTAR COMPANY, INCORPORATED, (“CONTRACTOR”).
RECITALS
A. CITY and CONTRACTOR (collectively referred to as the “PARTIES”) have previously executed that certain Agreement for Professional Services, Agreement No. 17-1762 (“Agreement”) relating to property and liability claims administrator services in the City of Pico Rivera.
B. The PARTIES have since then, executed Amendment No. 1, Amendment No. 2 and Amendment No. 3 for the purpose of extending the Term and Compensation thereto.
C. The PARTIES desire to amend Agreement No. 17-1762 once more set forth below.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. MODIFICATION OF ESTIMATED AMOUNT AND CONTRACT EXPIRATION DATE.
The contract amount as set forth in Section 6 (Compensation) of the Agreement shall be modified as follows:
CONTRACTOR shall provide the services described in Exhibit A and Exhibit B to this Amendment No. 4 regarding professional services and shall be compensated at $3,881 per month for an amount not to exceed $46,569 for fiscal year 2026-27.
In fiscal year 2027-28 shall be compensated at a rate of $4,036 per month for an amount not to exceed $48,432.
2. TERM EXTENSION.
The contract term set forth in Section 2 (Time and Term) of the Agreement shall be modified as follows:
The Agreement shall expire on June 30, 2028, unless sooner terminated as hereinafter provided.
3. EFFECT OF AMENDMENTS.
11c
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Amendment No. 4 to Agreement No. 17-1762
TRISTAR RISK MANAGEMENT
Except as modified herein, either expressly or by necessary implication, the terms and provisions of the Agreement between the CITY and CONTRACTOR shall remain in full force and effect. If there is conflict between this Amendment and the Agreement, the terms of this Amendment No. 4 will prevail.
4. EFFECTIVE DATE.
Unless otherwise specified herein, this Amendment No. 4 shall become effective as of the date set forth below on which the last of the parties, whether CITY or CONTRACTOR, executes this Amendment No. 4.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 4 to be executed and attested by their respective officers hereunto duly authorized. “CITY” “CONTRACTOR”
CITY OF PICO RIVERA HAZELRIGG CLAIMS MANAGEMENT
SERVICES, INCORPORATED, A TRISTAR
COMPANY
______________________________ _________________________________ Steve Carmona, City Manager Thomas J. Veale, President
Dated: ________________________ Dated: ____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ _________________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney
EXHIBIT A
EXHIBIT B
Preferred Provider Specialty Services
Preferred Provider Specialty Services fees are effective July 1, 2026, and rates are subject to increase with thirty (30) days written notice or upon renewal.
Fees listed for Preferred Provider Specialty Services (“PPSS”) are paid as Allocated Loss Adjustment Expenses or, where required by state law, as loss.
TRISTAR may charge administrative fees to the providers of the Preferred Provider Specialty Services. The administrative services may include, but not be limited to, overhead costs for the oversight and management of vendors, which includes developing and overseeing quality standards, developing and maintaining EDI interfaces and reports, and ensuring proper mandatory state compliance and reporting.
Preferred Provider Specialty Services
Service Fee
Medical Cost Containment Services/Managed Care
Liability Medical Cost Containment
Auto No-Fault/PIP Medical Bill Review $8.50 per bill
Liability Medical Review $45 per bill
RN Liability Medical Review $140 per hour
Other Claim Management Support Services
Claim Reporting: Fax or Email $15 per report
Claim Reporting: Web Portal/Internet No charge
Claim Reporting: Telephonic
(Operator service 24/7/365 with customized scripting as requested by Customer. Claimant and/or designated Customer representative calls to report claims; receives assistance with facility direction if requested by customer, responds to inquiries, and other customized notifications.)
$30 per intake call
Special Investigations Outsourced at industry market rates ISO Reports
(Includes OFAC, Child Support Leins, Social Security checks for all claims.)
$15.00 per report (liability claims)
MMSEA Reporting $12 per claim
Subrogation/Recovery/Restitution 20% of all recovery net of expenses (nonlitigated) 35% of all recovery net of expenses (litigated)
MSA Cost Projection at industry market rates
Mileage IRS allowance rate
Optional Services
Optional Services fees are effective July 1, 2026, and rates are subject to increases on a periodic basis but not more frequently than every 12 months.
If a Customer requests any of the Optional Services listed below, the associated fees will be invoiced to the Customer at the time of the request and annually if appropriate.
Optional Services
Available upon request of Customer
Service Description Included in
Claim fees
Optional Service
Fee
TRISTAR Connect users *
(“Additional User Rate”)
Allows a client to add additional
users with access to the portal 2 Users $750 per user per year
Optional Services
Available upon request of Customer
Service Description Included in
Claim fees
Optional Service
Fee
Claim Reviews
(“Claim Review Rate”)
Allows a client to request
additional claim reviews 2 included $950 Telephonic
$2,500 in-person
OSHA Reports*
(“OSHA Rate”)
Custom data collecting or reporting
beyond the standard information
needed for OSHA 300/300A logs
Data for OSHA
300 and 300A
included
$5,000 per year
Customized Interface
(“Customized Interface Rate”) Build data feed to third-party claims system for program None
$200 per hr
Time/ Expense
basis
Data Interface Maintenance*
(“Data File Rate”)
Maintain monthly data feed to
third-party system on behalf of
Customer
None $1,500 per year
Customized Reporting
(“Customized Reporting Rate”)
If customized programming is
needed None $200 per hr
Time/Expense basis
Self-Insured Reports
(“SIR Report Rate”)
Extensive annual reporting to the
appropriate state agency
overseeing self-insured entities
None
in accordance with
TRISTAR’s then-current
rates, which vary by state,
Loss Control and Safety
Services
(“Loss Control Rate”)
Services determined to be
appropriate after consultation with
Aspen RMG
None $175.20 per Hour
Remote Ergonomic
Assessments
(“Ergonomic Assessment Rate”)
Allows Clients to request
assessments for traditional or
virtual offices using photos, video,
and video conferencing
None $320 flat fee
ERGOhealthy Resource Center
(“ERGOhealthy Rate”)
Online ergonomic website with
direct access to an Ergonomic
Coach
None $11 employee/year
(minimum 400 participants)
* The Additional User Rate, OSHA Rate, and Data File Rate each shall be prorated for each applicable Optional Service added at any time other than as of the Effective Date or a subsequent Increase Date To: Mayor and City Council
From: City Manager
Meeting Date: July 14, 2026
Subject: PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES FOR HSIP CYCLE 12 PEDESTRIAN SCHOOL
CROSSINGS, CIP NO. 50127, HSIPL-5351(048)
Recommendation:
1. Award a Professional Services Agreement to Kimley Horn and Associates, Inc. to provide engineering services for the HSIP Cycle 12 Pedestrian School Crossings, CIP No. 50127, HSIP-5351(048), for an amount not-to-exceed $79,951 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 $8,000 (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:
3.3 Complete construction of necessary infrastructure projects to implement master plans in a timely manner.
Fiscal Impact:
The fiscal year (FY) 2026-27 Adopted Budget includes $349,920 in Highway Safety Improvement Program (HSIP) state grant (Fund 699), Account No. 699.70.7300.54500- CIP50127 and $120,080 in Measure M funds (Fund 208) in Account No. 208.70.7300.54500-CIP50127. The total Project budget for design, construction and project administration is $470,000. There is no fiscal impact to the General Fund. 12 Back to Outline
CITY COUNCIL AGENDA REPORT – MEETING OF JULY 14, 2026
PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES FOR HSIP CYCLE 12 PEDESTRIAN SCHOOL CROSSINGS, CIP NO. 50127, HSIPL5351(048)
Discussion:
In September 2025, the Public Works Department was awarded a federal grant under the Federal Highway Safety Program (HSIP) Cycle 12 Grant to improve pedestrian safety at various controlled and uncontrolled school crossings in the City. The project will upgrade 8 pedestrian school crossings with either improved school crossing signage, installation of rectangular rapid flashing beacons (RRFBs), or LED enhanced signage as well as improving high visibility crosswalks and signage. The intersections to be enhanced are the followings:
1. Sideview Drive at Shade Lane
2. Orange Avenue at Shade Lane
3. Orange Avenue at Homestead Street
4. Orange Avenue at Maxine Street Road
5. Durfee Avenue at North Park Academy of Arts Driveway
6. Serapis Avenue at Aero Drive
7. Serapis Avenue at La Docena Lane
8. Serapis Avenue at Terradel Street
To begin the design phase and develop the plans, specifications, and estimates, it is necessary to procure professional services from an engineering consultant. On March 5, 2026, the City issued a Request for Proposals through its Electronic Procurement website, Planet Bids. Seven (7) proposals were received on April 9, 2026. Services requested consist of project management, preliminary engineering, conceptual renderings, environmental documentation, surveying, utility coordination, 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. Kimley-Horn and Associates, Inc. received the highest ranking from the panel.
No. Company Name
1 Kimley-Horn and Associates, Inc.
2 TJKM Transportation Consultants
3 BKF Engineers
4 Willdan
5 AYCE Consulting Engineers, Inc.
6 Fehr & Peers
7 Minagar & Associates, Inc.
CITY COUNCIL AGENDA REPORT – MEETING OF JULY 14, 2026
PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES FOR HSIP CYCLE 12 PEDESTRIAN SCHOOL CROSSINGS, CIP NO. 50127, HSIPL5351(048)
Engineering services funded by HSIP 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 Kimley-Horn and Associates, Inc. complies with this federal grant requirement. The City negotiated a fee of $79,951 with Kimley-Horn and Associates, Inc., deemed reasonable for the scope of services.
The total project budget is summarized as follows:
Budget Funding Estimated Budget
HSIP State Funds (Fund 699) FY 26-27 $349,920
Measure M (Fund 208) FY 26-27 $120,080
Total Estimated Project Cost $470,000
Expenditure Plan Amount
Design $79,951
Construction $360,000
Project Management and Staff Time $30,049
Total Estimated Project Cost: $470,000
Development and completion of plans, specifications, and estimates is anticipated by September 2027.
Conclusion:
Staff recommend awarding a professional services agreement to TJKM Transportation Consultants to provide engineering services for Pedestrian School Crossings, CIP No. 50127, HSIP-5351(047) for an amount not-to-exceed $79,951 and authorization to the City Manager or his designee to process change orders, as needed, in an amount not-toexceed $8,000 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
KIMLEY HORN AND ASSOCIATES, 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 Kimley Horn and Associates, 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 HSIP Cycle 12 Pedestrian School Crossings, CIP No. 50127, HSIP-5351(048).
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 April 9, 2026 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 April 9, 2026 proposal to City attached hereto as Exhibit “B.”
3.3 “Commencement Date”: July 14, 2026
3.4 “Expiration Date”: December 31, 2029
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
12a
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Professional Services Agreement
KIMLEY HORN AND ASSOCIATES, INC.
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, Seventy Nine Thousand Nine Hundred Fifty One Dollars and Twenty Nine Cents ($79,951.29) unless specifically approved in advance, in writing, by City.
5.2 Consultant shall perform all work to the professional standards of Consultant’s profession and in a manner reasonably satisfactory to City.
6. COMPENSATION
6.1 City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept in full satisfaction for such services, payment in accordance with the Approved Fee Schedule.
6.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within ten (10) business days of receipt of each invoice, City shall notify Consultant in writing of any disputed amounts included on the invoice. Within thirty (30) calendar days of receipt of each invoice, City shall pay all undisputed amounts included on the invoice. City shall not withhold applicable taxes or other authorized deductions from payments made to Consultant.
6.3 Payments for any services requested in writing by City and not included in the Scope of Services shall be made to Consultant by City on a time-and-materials basis using Consultant’s standard fee schedule. Fees for such additional services shall be paid within sixty (60) days of the date Consultant issues an invoice to City for such services.
7. BUSINESS LICENSE
Consultant shall obtain a City business license prior to commencing performance under this Agreement.
8. COMPLIANCE WITH LAWS
Consultant shall keep informed of State, Federal and Local laws, ordinances, codes and regulations that in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Consultant shall at all times Professional Services Agreement
KIMLEY HORN AND ASSOCIATES, INC.
comply with such laws, ordinances, codes and regulations. Without limiting the generality of the foregoing, if Consultant is an out-of-state corporation or LLC, it must be qualified and registered to do business in the State of California pursuant to sections 2105 and 17708.02 of the California Corporations Code. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.
9. CONFLICT OF INTEREST
Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if both: (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute; and (ii) City has not consented in writing prior to Consultant’s performance of such work.
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. Vivian Choi, Deputy 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
KIMLEY HORN AND ASSOCIATES, INC.
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
KIMLEY HORN AND ASSOCIATES, INC.
14. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES
No official or employee of the City shall be personally liable to Consultant in the event of any default or breach by City, or for any amount which may become due to Consultant.
15. INDEMNIFICATION
15.1 The Parties agree that City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to City. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to indemnify and protect City as set forth herein. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
15.2 To the full extent permitted by law, Consultant shall indemnify, hold harmless and defend City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from or arising out of any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant or any of its officers, employees, servants, agents, or subconsultants in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice and expert witness fees and consultant fees. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
15.3 City shall have the right to offset against the amount of any compensation due Consultant under this Agreement any amount due City from Consultant as a result of Consultant’s failure to pay City promptly any indemnification arising under this Section 15 or related to Consultant’s failure to either: (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.
15.4 The obligations of Consultant under this Section 15 will not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives Professional Services Agreement
KIMLEY HORN AND ASSOCIATES, INC.
its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
15.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 15 from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible and indemnify, hold harmless and defend City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from or arising out of any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subconsultants or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice and expert witness fees and consultant fees.
15.6 City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
15.7 PERS ELIGIBILITY INDEMNITY. In the event that Consultant or any employee, agent, or subconsultant of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subconsultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
Professional Services Agreement
KIMLEY HORN AND ASSOCIATES, INC.
16. INSURANCE
16.1 During the term of this Agreement, Consultant shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Consultant’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
16.1.1 Comprehensive general liability, and Umbrella or Excess Liability Insurance covering all operations by or on behalf of Consultant providing insurance for bodily injury liability and property damage liability for the following and including coverage for:
16.1.1.1 Premises, operations, and mobile equipment
16.1.1.2 Products and completed operations
16.1.1.3 Broad form property damage (including completed operations)
16.1.1.4 Explosion, collapse, and underground hazards
16.1.1.5 Personal Injury
16.1.1.6 Contractual liability
in the amount of One Million Dollars ($1,000,000) per occurrence combined single limit; Two Million Dollars ($2,000,000) aggregate for products/completed operation; Two Million Dollars ($2,000,000) general aggregate (General aggregate must apply separately to Consultant’s work under this Agreement.); and Five Million Dollars ($5,000,000) umbrella or excess liability.
16.1.2 Automobile Liability Insurance for owned, hired and non-owned vehicles utilized by Consultant, its employees or subconsultants, in the amount of One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
16.1.3 Worker’s Compensation Insurance as required by the laws of the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One Million Dollars ($1,000,000) per accident for bodily injury or disease.
16.1.4 Professional Liability Insurance against errors and omissions in the performance of the work under this Agreement with coverage limits of not less than One Million Dollars ($1,000,000) per occurrence of claim/ Two Million Dollars ($2,000,000) in the aggregate.
Professional Services Agreement
KIMLEY HORN AND ASSOCIATES, INC.
16.2 Consultant shall require each of its subconsultants, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.
16.3 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide.
16.4 Consultant agrees that if it does not keep the aforesaid insurance in full force and effect City may either: (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.
16.5 At all times during the term of this Agreement, Consultant shall maintain on file with City’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and, for the general liability and automobile liability policies, naming the City as an additional insured. Consultant shall, prior to commencement of work under this Agreement, file with City’s Risk Manager such certificate(s).
16.6 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall provide such proof to City at least two weeks prior to the expiration of the coverages.
16.7 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to City. Consultant agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
16.8 The general liability and automobile policies of insurance provided by Consultant shall be primary to any coverage available to City. Any insurance or selfinsurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
16.9 All insurance coverage provided pursuant to this Agreement shall not prohibit Consultant, and Consultant’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against the City.
16.10 Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.
Professional Services Agreement
KIMLEY HORN AND ASSOCIATES, INC.
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 will assist the City in applying for all permits and regulatory approvals necessary in the performance of this Agreement. This includes, but shall not be limited to, encroachment permits and building and safety permits and inspections.
20. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile, email, or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the Parties may, from time to time, designate in writing).
Professional Services Agreement
KIMLEY HORN AND ASSOCIATES, INC.
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
Jean Fares PE, Senior Vice
President
Kimley Horn and Associates, Inc.
660 South Figueroa St., Suite 2050
Los Angeles, California, 90017
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.
Professional Services Agreement
KIMLEY HORN AND ASSOCIATES, INC.
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.
Professional Services Agreement
KIMLEY HORN AND ASSOCIATES, INC.
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.
Professional Services Agreement
KIMLEY HORN AND ASSOCIATES, INC.
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.
Professional Services Agreement
KIMLEY HORN AND ASSOCIATES, INC.
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 KIMLEY HORN AND ASSOCIATES, INC.
______________________________ ___________________________________ Steve Carmona, City Manager Jean Fares, Senior Vice President Dated: ________________________ Dated: _____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ ___________________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney
EXHIBIT A
SCOPE OF SERVICES
PREPARED FOR CITY OF PICO RIVERA
PREPARED BY
PROPOSAL FOR
CIP NO. 50127, HSIPL-5351(048)
ENGINEERING SERVICES FOR HSIP CYCLE 12
PEDESTRIAN SCHOOL CROSSINGS
A. LETTER OF OFFER
April 9, 2026
Noe Negrete, Director of Public Works
City of Pico Rivera
6615 Passons Boulevard
Pico Rivera, California 90660
RE: Proposal for Engineering Services for HSIP Cycle 12 Pedestrian School Crossings, CIP No. 50127, HSIPL-5351(048)
Dear Mr. Negrete and Members of the Selection Committee:
The City of Pico Rivera (City) is requesting design engineering proposals to improve traffic safety by upgrading eight pedestrian school crossings, funded through California Department of Transportation’s (Caltrans’) Highway Safety Improvement Program (HSIP). The project includes preliminary engineering; plans, specifications, and estimate (PS&E) preparation; and construction support, focusing on enhancements such as improved school crossing signage, installation of rectangular rapid flashing beacons (RRFBs), enhanced light-emitting diode (LED) signage, and Americans with Disabilities Act (ADA) curb ramp improvements. Kimley-Horn is the consultant with these capabilities, and we have assembled a team with a wealth of experience with HSIPs and the local knowledge to successfully deliver this important project as the City envisions. As you review our proposal, please keep in mind the following key benefits that Kimley-Horn offers:
Notable Project Team with Local Knowledge and Extensive Resources. Kimley-Horn recognizes that successful project delivery depends on responsiveness, adequate staffing, and a deep understanding of local needs. Our one-profit center firm structure allows us to efficiently allocate resources and share expertise across offices, providing the City with consistent, timely service and access to a broad pool of technical specialists. Our team is led by project manager, Ryan Calad, PE, TE, who brings 20 years of experience with school zone compliance, more than a dozen HSIP projects, and multiple complete streets civil design projects to guide a skilled team toward successful completion for the City. In addition, principal-in-charge, Jean Fares, PE, and quality control/quality assurance (QC/QA) manager, Jason Melchor, PE, offer proven track record in delivering leading multidisciplinary teams on projects involving design, signing and striping, ADA curb ramp design, and traffic control for multiple jurisdictions.
Successful Past Partnerships with the City. Kimley-Horn has established a strong and collaborative relationship with the City, having successfully delivered over 50 projects within City limits and more than 10 projects directly. Our experience with the City includes key projects, such as the HSIP Cycle 11 Traffic Improvements; and our ongoing On-Call contract, through which we provide civil, landscape, environmental, and various additional services. These projects have encompassed a wide range of improvements, including street and utility upgrades, site development, and park enhancements. Our long-standing partnership with the City means we bring a deep understanding of local priorities, processes, and community needs, allowing us to anticipate challenges and proactively address them. We are committed to acting as a trusted advisor, supporting both day-today needs and complex initiatives through lessons learned from previous projects, responsive communication, and collaborative problem solving.
660 South Figueroa Street, Suite 2050
Los Angeles, CA 90017
TEL 213.261.4040
I
Unmatched HSIP Project Experience. Kimley-Horn has
partnered with local agencies for several years to deliver essential HSIP projects, building a robust portfolio of successful outcomes across Southern California. Ryan will be supported by a team with extensive experience in HSIP projects, ranging from roadway realignments to managing multiple intersection corridors. We understand that familiarity with the coordination of the approval process is crucial for the timely completion of such projects, and our team is wellequipped to navigate these processes efficiently. We have gained critical knowledge of the needs and challenges associated with HSIP projects, fostered strong working relationships with staff and key stakeholders at these municipalities, and developed an unparalleled understanding of HSIP project operations. Equally, these cities have witnessed the Kimley-Horn team’s dedication to our work. Our ultimate goal is to deliver a project to your standards, like we have done on past HSIP projects for your City. By leveraging our extensive HSIP experience, multidisciplinary expertise, and commitment to partnership, Kimley-Horn delivers solutions that are constructable, cost-effective, and aligned with the City’s vision for safer, more efficient transportation networks.
Availability and Commitment. We understand the importance of this project—not only for the City, but for the region. Kimley-Horn is highly aware of the level of responsiveness that the City expects, and we bring a local presence and access to a deep bench of resources to deliver on aggressive schedules. Our proposed personnel are immediately available to begin work and will remain fully committed to this project for its duration. We recognize the importance of responsiveness and are devoted to providing local engineering expertise, complemented by the extensive professional resources of our firm. Additionally, we have partnered On Point Land Surveying, Inc. (On Point) to provide field survey services. In addition, our proposed team is backed by more than 850 staff in California and 9,700+ employees nationwide. We are able to tap into this pool of resources at any time to fulfill your needs. We offer the City the local knowledge and responsiveness of a small organization, backed by the depth of resources only a national firm can offer.
We appreciate the opportunity to submit this proposal, and we are excited about the opportunity to partner further with the City. If you have any questions, please contact project manager Ryan Calad, PE, TE, at 657.291.8815, [email protected], or the address listed on the previous page.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
Ryan Calad, PE, TE Jean Fares, PE*
Project Manager Principal-in-Charge
*As Senior Vice President of Kimley-Horn, Jean Fares, PE, is authorized to act on behalf and bind the firm. KimleyHorn is obligated by all addenda to this RFP. We acknowledge the receipt of Q and A Set 1 released on March 30, 2026. Our Proposal will remain valid for a period of 90 calendar days from the date of submittal. All information submitted with our proposal is true and correct, and we do not have any perceived conflict of interest.
II
Contract Exceptions
Kimley-Horn has reviewed the sample Professional Services Agreement and would like to discuss the following modifications which are consistent with terms recently negotiated with the City.
5. CONSULTANT’S SERVICES
5.2 Consultant shall perform all work to the highest professional standards of Consultant’s profession and in a manner reasonably satisfactory to City.
19. PERMITS AND APPROVALS
Consultant shall obtain, at its sole cost and expense, will assist the City in applying for 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.
Kimley-Horn Required Information
Firm Name: Kimley-Horn and Associates, Inc.
Address: 660 South Figueroa Street, Suite 2050, Los Angeles, CA 90017 Telephone Number (office): 213.261.4040
Contact Name, Title, Address, and Phone Number: Ryan Calad, PE, TE | Project Manager | 660 South Figueroa Street, Suite 2050, Los Angeles, CA 90017 | 657.291.8815 Federal Tax ID: 56-0885615
Subconsultant Required Information
Firm Name: On Point Land Surveying, Inc.
Address: 1906 Orange Tree Lane, Suite 240, Redlands, CA 92374 Contact: Anthony Smith, PE, PLS | 909.792.2221
Table of Contents
A. Letter of Offer ............................................................................................................................................................. I B. Qualifications of the Firm........................................................................................................................................... 1 C. Proposed Staffing....................................................................................................................................................10 D. Consultants and/or Subconsultants.........................................................................................................................11 E. Work Approach........................................................................................................................................................12 F. Client References ....................................................................................................................................................23 Appendix .................................................................................................................................................................... A1 Resumes ........................................................................................................................................................... A2 Forms ............................................................................................................................................................... A9 III
B. QUALIFICATIONS OF THE FIRM
Firm Profile
Founded in 1967, Kimley-Horn is a full-service
planning, design, engineering, and environmental
corporation providing services to public agencies
nationwide, including the City. Since our founding,
Kimley-Horn has grown from a small group of traffic
engineers and transportation planners to a firm of
9,700+ employees in 148 offices nationwide. Our 17
California offices, including local offices in Los
Angeles (located 13 miles from Pico Rivera City Hall),
Pasadena, Santa Clarita, Long Beach, Orange, and
Irvine, have over 850 employees, including planners,
designers, engineers, and technicians, affording us
the depth of resources necessary to staff and execute
this project. Kimley-Horn, a nationally recognized
leader (ranked 8th overall in 2025 from Engineering
News-Record) in engineering consulting, combines
the local knowledge and responsiveness of a small
organization with the robust resources of a national
firm to deliver tailored, comprehensive solutions by
collaborating to provide clear, concise scopes of work
and successful, timely, and cost-effective outcomes for the City’s project.
Relevant Services Offered
Kimley-Horn offers a comprehensive suite of consulting services (listed below) tailored to each community’s needs and informed by our extensive experience with similar projects, which allows us to apply proven skills and lessons learned to promote project success and deliver value to our clients, like the City. ■ Traffic Engineering, Traffic Operations, and
Transportation Planning
■ Traffic Signal Design, Upgrades, and Timing
■ Traffic Impact Analysis and Calming Studies
■ Traffic Control Plans
■ Signing and Striping Design
■ Review of Traffic Control Devices
■ Street Circulation Planning and Design
■ Street Lighting and Photometric Analysis
■ Intelligent Transportation Systems (ITS)
■ Planning and Design
■ Fiber Optic Interconnect
■ Civil Engineering
■ Roadway and Streetscape Design
■ Active Transportation Planning and Design
■ Parking Studies and Implementation
■ Transit Planning and Design
■ Safe Routes to School Programs
■ Pedestrian and Bicycle Facilities Planning
and Design
■ Peer Review and Plan Review
■ Grant Writing and Administration
■ Staff Augmentation
1 School Zone Knowledge and
Design
Safe Routes to School (SRTS) has been a priority for
Kimley-Horn’s staff since the program began and was
funded in California over 25 years ago. Our team stands out due to extensive experience in planning and
designing SRTS elements. With project manager Ryan
Calad, PE, TE, who brings a strong background in
school zone-related planning and design, the City will
benefit greatly. By listening to clients’ safety concerns and understanding design solutions as we develop
improvements, we deliver efficient and successful
projects. This allows SRTS elements to be designed and
constructed quickly, enhancing safety around each
school as soon as possible. Kimley-Horn’s SRTS
practice centers on creating safe and convenient options for children and adults to bicycle and walk to all study area schools. Additional benefits for children and neighborhoods include improved health, reduced traffic congestion and speeding, better air quality, and increased neighborhood safety. Ultimately, our process provides schools with a plan that reflects the consensus of school administrators, parents, residents, and municipal agency staff.
Street Improvement Plans/Civil
Improvements
We are recognized leaders in the design of pedestrian facilities.
Our engineers are at the forefront of ADA compliance, helping municipalities design new infrastructure and upgrade aging infrastructure to meet applicable standards and ordinances. Our experience ranges from curb ramps and sidewalk design to pedestrian-dedicated paths and walkways. We have several recent and local examples from projects with the Cities of Santa Monica, Culver City, Palm Desert, and Los Angeles as well as the Town of Apple Valley with complete street improvements for curb ramps, raised crosswalks, curb extensions, sidewalk, and median improvements.
Environmental and Caltrans Local Assistance Procedures Manual (LAPM)
Kimley-Horn has a strong working knowledge of Caltrans standards and procedures, including local assistance programs. Through our significant project experience within California, our team has also gained familiarity with the area’s challenges, regulations, codes, procedures, and infrastructure requirements. Our project team has extensive experience in completing projects that require close coordination with Caltrans, and we are extremely familiar with their LAPM, having worked on a variety of projects and funding sources with Caltrans. Our team members have taken projects from the initial grant application through final project close out with Caltrans Local Assistance. We understand what forms from the LAPM are required at the various stages through Preliminary Engineering, Construction Authorization, and the requirements for project close out. We can also assist the City in identifying the necessary information that is required for reimbursement. As an extra benefit to you, we can process the paperwork 2 through Caltrans in accordance with Caltrans Local Assistance Procedures—essentially acting as an extension of staff with regard to the necessary paperwork.
Across California, Kimley-Horn has served more than 100 municipalities, with many of these projects involving some level of coordination with Caltrans. Our team members are very familiar with the latest Caltrans editions of applicable design and environmental standards and are experienced in applying these standards.
Financial Stability
Kimley-Horn is a full-service engineering and consulting firm with over 9,700 employees and 148 offices nationwide.
The Company had 2024 revenues of $2.8 billion. Kimley-Horn has been in business since 1967. We are financially strong, and we are committed to our continued financial health. As of December 31, 2024, the Company had total assets of $1.8 billion and stockholder’s equity of approximately $363 million. In addition to the financial resources noted, Kimley-Horn also has an untapped $125 million line of credit available for short-term cash flow needs. The Company’s cash flow continues to be very strong. We maintain a disciplined focus on business fundamentals, operate the firm conservatively, and our internal controls and business standards are designed to keep our foundation strong. Kimley-Horn uses two institutional lenders, Wells Fargo and PNC. If necessary, reference information can be obtained from the following contacts:
Michael Pugsley, Senior Vice President
Wells Fargo Bank, N.A.
150 Fayetteville Street, Suite 600
PO Box 3008
Raleigh, NC 27601
919.881.6449
Lesley Wilson, Senior Vice President
The PNC Financial Services Group
301 Fayetteville Street, 21st Floor
Raleigh, NC 27601
919.788.7573
Litigation
Kimley-Horn and its subsidiaries have provided services in all fifty states and numerous countries. Because of the many and varied projects we have completed, we are subject to various legal proceedings from time to time and in the ordinary course of business. It is not practical to provide a complete list as part of this proposal. None of the pending matters, if decided against Kimley-Horn, would have a material impact on our financial statements or impair in any way our ability to serve our clients. Generally, these matters are covered by insurance, and we consider them to be without merit. If you would like to discuss our legal matters in more detail, please contact Kimley-Horn’s General Counsel, Richard Cook, at 919.677.2058. Litigation cases filed in California in the last five years are as follows:
■ Afonso Contreras v Charter Communications Inc., et al; Superior Court of California, County of Los Angeles; Case No. 25AVCV00326; filed in 2025; alleged personal injury resulting from a traffic accident; pending ■ City of San Rafael v Kimley-Horn; Superior Court of California, County of Marin; Case No. CV 00 04619; filed 2024; alleged economic loss; pending
■ Vicente Gomez, et al v. Pilot Travel Centers, LLC, et al; Case # CVRI2103878; Superior Court of California, County of Riverside; filed 2021; personal injuries; settled; closed 2024 ■ Kimberly Lynn Wright and Ty Juan Montanez v City of Concord; et al; Superior Court of California, County of Contra Costa; Case No. MSC20-01067; filed 2020; served 2022; traffic accident, wrongful death claimed; settled; closed 2024
■ Etzel Williams v Peninsula Corridor Joint Powers Board, City of Burlingame; et al; Superior Court of California, County of San Mateo; Case No. 22-CIV-03763; filed 2024; accident, wrongful death claim; dismissed 2024 3 Previous Project Experience with Subconsultant
Kimley-Horn and our subconsultant, On Point, have successfully collaborated on numerous projects, as summarized in the table below. For brevity, we have provided three of the most recently completed projects.
Project Name Kimley-Horn
Role
On Point Role Description of Work and
Responsibilities
City of Anaheim, Uncontrolled
Crosswalk Improvements at High
Pedestrian Volume Locations
(HSIP Cycle 11), Anaheim, CA
Prime
Consultant
SubconsultantTopographical
Surveys
Kimley-Horn is currently assisting the
City of Anaheim with the Uncontrolled
Crosswalk Improvements at High
Pedestrian Volume Locations Project
(HSIP Cycle 11). The proposed
improvements at 12 intersections are
designed to enhance driver awareness
of pedestrian activity and encourage
mobility and accessibility through the
installation of ADA-compliant curb
ramps, particularly at unsignalized
intersections and mid-bloc locations
where the risk of conflicts is high. The
scope of work consists of field work,
utility coordination, RRFB plans, signing
and striping, and ADA curb ramp details.
City of Anaheim, Pedestrian
Crosswalk Safety Improvement
(Active Transportation Program
[ATP] Cycle 6), Anaheim, CA
Prime
Consultant
SubconsultantTopographical
Surveys
Kimley-Horn is currently assisting the
City of Anaheim with a Crosswalk Safety
Improvement Project (ATP Cycle 6) for
14 intersections. The proposed
improvements are designed to enhance
driver awareness of pedestrian activity
and encourage mobility and accessibility
through the installation of ADA
compliant curb ramps, particularly at
unsignalized intersections and mid-bloc
locations where the risk of conflicts is
high. The scope of work consists of field
work, utility coordination, RRFB plans,
signing and striping, and ADA curb ramp
details.
City of Santa Monica, Lincoln
Neighborhood Corridor (LiNC)
Streetscape Project, Santa
Monica, CA
Prime
Consultant
SubconsultantTopographical
Surveys
Kimley-Horn provided PS&E to LiNC,
which transformed an aging commuter
corridor into a pedestrian-oriented
environment with enhanced multimodal
function. Our team provided roadway
design for over 70 curb ramps.
Deliverables included a preliminary
design concept, low impact
development (LID) technical
memorandum; 60%, 100%, and final
4 plans for street improvement, traffic
controls, striping and signing, landscape
and irrigation, gateway elements,
pedestrian safety lighting, and technical
specifications.
Schedule and Budget Control
Kimley-Horn understands the importance of meeting the City’s schedule and is committed to completing this project on time. We understand that schedule control must begin with a clear understanding of the scope of work and budget as well as the subsequent preparation of a detailed schedule that includes milestone completion dates, critical path items, and risks for interim deliverables.
We maintain a detailed, integrated Management Information System (MIS), designed primarily to focus on schedule control. MIS tracks both effort and performance by recording time spent and the percentage of projects completed twice monthly and produces a project effort report, which shows the actual effort expended by task. This internal control allows us to make any timely adjustments reasonably necessary to maintain project schedules. Budget control is achieved through two independent processing systems integrated into the MIS, providing a complete financial and reporting overview of each individual task as well as the entire project. Our project managers receive detailed status reports twice a month, but can also access the system and obtain real-time information on an ongoing basis. This level of tracking controls task budgets, allowing us to keep our clients fully informed of all administrative aspects of each task at a moment’s notice.
Castaheads
To meet schedule and minimize down time, we utilize projections of staffing needs weekly, monthly, and every six months called “castaheads” to verify we have the resources in place to meet the City’s needs. This means no matter what new project comes to us, we will have staff assurances for this task order to guarantee our availability.
Castaheads is part of Kimley-Horn’s proprietary resource management software system that details every project’s personnel needs, staff availability, and makes certain the project team is committed to completing the various assignments. Internal production meetings are held weekly to enable staff, task managers, and project managers to stay up to date regarding current and projected workloads. Our team plans to utilize this tool to effectively plan the project and help ensure appropriate resource allocation to achieve timely deliverables.
Key Staff Current Workload and Availability
Key Staff Name and Role Current Workload % Availability % Ryan Calad, PE, TE | Project Manager 60% 50%
Jean Fares, PE | Principal-in-Charge 60% 40%
Jason Melchor, PE | QC/QA Manager 70% 30%
Carla Aboud, PE | RRFP, Signing and
Striping PS&E
40% 60%
Brandon Chen, PE | Civil PS&E 50% 50%
Vivian Chong, PE |Grant Funding
Administration
40% 60%
5 HSIP Project Experience
We fully understand the requirements for using HSIP funds and how to implement projects following Caltrans Local Assistance Programs Guidelines (LAPG) and the LAPM. We can help guide you through these processes seamlessly and pay careful attention to the specific requirements of each, so your projects are wellplanned from the beginning and compliant with applicable regulations. See a full list of our Southern California HSIP project experience below. 6 Relevant Project Examples
City of Pico Rivera, Engineering
Services for Citywide Traffic Signal
Safety Enhancements HSIP Cycle 11,
Pico Rivera, CA
The City of Pico Rivera seeks to improve safety and
operability through the installation of retroreflective signal heads, 12” vehicle heads, pedestrian countdown signal
heads, and advance stop bars at 47 existing signalized
intersections in various locations. In addition, there are civil improvements at the Rosemead Boulevard and Manzanar
Drive intersection that include curb ramp upgrades for ADA requirements, as well as modifications to the west median to provide an ADA-compliant crosswalk to the northwest corner. This project received federal HSIP Cycle 11 grant funds. The Kimley-Horn team is conducting tasks that include utility research and notification, surveying at the Slauson Avenue and Crossway Drive intersection, preparation of a Notice of Exemption (NOE), and preparation of PS&E for the traffic signal hardware upgrades and civil improvements.
City of West Covina, Preliminary Engineering Phase Services, Safe Route to School and Pedestrian Safety Project, West Covina, CA Kimley-Horn was selected by the City of West Covina to provide Preliminary Engineering Phase Services for the Safe Routes to School and Pedestrian Safety Project. The City received state funding through ATP Cycle 6 to update pedestrian facilities at 21 locations citywide, focusing on corridors that lead to schools, parks, and public facilities.
The project will benefit approximately 5,600 students near 12 elementary and high schools, promoting safe walking in these areas. Improvements include curb extensions to reduce crossing distances and improve angles at skewed intersections, ADA-compliant curb ramps, high-visibility crosswalks, pedestrian lighting for nighttime safety, updated signage and striping, benches, trash receptacles, and trees for shade. The Kimley-Horn team completed a comprehensive 50-sheet design plan set, consistent with approved construction items per the ATP grant. Since the ATP grant is 100% state funded, the environmental process and required certifications are streamlined, helping prepare the project efficiently for construction.
City of Palm Desert, El Paseo Raised Mid-Block
Crosswalk Study and Larkspur Lane Civil and
Traffic PS&E
Kimley-Horn reviewed the existing raised mid-block RRFB crosswalks along El Paseo and Larkspur Lane to determine the appropriate design based on pedestrian and vehicular traffic along the corridors. Kimley-Horn reviewed traffic counts, collision data, and standard design criteria to determine the potential to add raised mid-block RRFB crosswalks at four locations along El Paseo. Based on the results of the study, Kimley-Horn developed design PS&E for street improvements at the existing raised crosswalk on Larkspur Lane between El Paseo and Shadow Mountain Drive. The proposed design included installing civil improvements for the crossings, including curb extensions on each side of the crosswalk to increase pedestrian visibility, and replacing the existing RRFB with a new solar RRFB system.
7 City of Anaheim, Uncontrolled Crosswalk Improvements at High Pedestrian Volume Locations Project (HSIP Cycle 11), Anaheim, CA Kimley-Horn is currently assisting the City of Anaheim with the Uncontrolled Crosswalk Improvements at High Pedestrian Volume Locations Project (HSIP Cycle
11). The proposed improvements are designed to
significantly enhance driver awareness of
pedestrian activity and encourage mobility and
accessibility through the installation of ADAcompliant curb ramps, particularly at unsignalized intersections and mid-block locations where the risk
of conflicts is high. The scope of work consists of
field work, utility coordination, RRFB plans, signing
and striping, and ADA curb ramp details,
Specifications and Estimate for 12 pedestrian
crossings within the City. A sample of the 90%
design RRFB plan is included in the image to the
right.
Los Angeles County, Pedestrian Feasibility Plan, Los Angeles, CA Kimley-Horn is leading the Pedestrian Feasibility Plan review for Los Angeles County Public Works for the County’s ATP Cycle 8 grant application. We are evaluating and designing pedestrian and traffic calming improvements at 144 locations across Willowbrook, West Rancho Dominguez, East Rancho Dominguez, and East Los Angeles. Our team conducted field reviews, inventories, and ADA compliance assessments; traffic data collection and Synchro operational analysis; and prepared feasibility studies, risk analyses, and conceptual design plans in accordance with County standards. Proposed enhancements include ADA-compliant curb ramps, high visibility crosswalks, raised crosswalks, curb extensions,
truck-turning evaluation, raised
crosswalks, pedestrianactivated warning systems,
neighborhood traffic circles,
mini-roundabouts, refuge
islands, sidewalk improvements,
physical medians, restriping,
and intersection
reconfigurations. We are also
developing opinion of probable
construction costs (OPCC) to
support the ATP grant submittal.
A sample conceptual plan
showing our curb extension
designs and vehicle turning
templates is included as an
image to the right.
8 City of Costa Mesa, Development of Safe Routes to School Action Plan, Costa Mesa, CA
Kimley-Horn developed the Local Roadway Safety Plan (LRSP) for the City of Costa Mesa, which identified the need for a Safe Routes to School program. Kimley-Horn was then tasked to develop the Action Plan for the Safe Routes to School program. The action plan focused on 21 identified school areas in the City to increase safety, bicycle, and pedestrian infrastructure. The Action Plan helped reduce pedestrian and bicycle crashes near schools, invested in underserved communities, developed a strong understanding of each school's unique issues—including focused bilingual outreach efforts—and increased walking and biking mode share for the student population. To ensure the effectiveness of the program, Kimley-Horn collaborated with school administrators, local agencies, and community stakeholders throughout the planning process. The Action Plan also included recommendations for educational initiatives and community engagement strategies to promote safe travel behaviors among students and families.
City of Buena Park, Professional Services for the Development of the Buena Park Safe Routes to School Plan, Buena Park, CA
Kimley-Horn is working with the City of Buena Park to enhance pedestrian and bicyclist facilities connecting to 16 schools within five school districts. Our team developed the Action Plan through community outreach efforts and analyses of traffic networks surrounding the schools. The Action Plan will help prevent injuries by identifying locations and providing recommendations for safety improvements. In addition, this initiative aims to promote active transportation choices among students, encouraging walking and biking as safe and viable modes of travel to and from school. By focusing on both infrastructure upgrades and educational outreach, the project seeks to foster a safer and more connected community for all residents.
City of Bakersfield, Monitor Street School Corridor Active Transportation Improvements, Bakersfield, CA
Kimley-Horn is currently working with the City of Bakersfield to identify improvements that can be implemented to a
2.8-mile stretch of the Monitor Street school corridor. The corridor contains several signalized intersections, stopcontrolled intersections, and T-intersections. Existing pedestrian facilities consist of concrete sidewalks and accesses ramps at the intersections. The challenges the corridor faces include wide streets, long distances between intersections, lack of landscaping, poor parking and bicycle lane striping, and reduced visibility. Kimley-Horn is conducting a preliminary study of the corridor and preparing conceptual designs for proposed improvements. Our team is also providing support to the City’s pavement rehabilitation program through signing and striping plans.
Following the preliminary study, Kimley-Horn will work with the City to engage local stakeholders and community members to gather input and feedback on the conceptual designs. Once outreach and preliminary engineering is complete, our team will identify available grant funding opportunities and compile the information in a report to the City.
City of Lancaster, Safe Routes to School Master Plan, Lancaster, CA Kimley-Horn worked with the City of Lancaster to update their 2016 Safe Routes to School Master Plan for 30 public schools. The refreshed plan incorporated enhanced community outreach and engagement activities as a result of the COVID-19 pandemic, which included gathering input from students, teachers, parents, and administrators regarding the effectiveness of different elements of the program. The plan also focused on changes in travel patterns and updated profiles of the City’s transportation system to confirm that the program was adapted to suit those elements.
One of the key project objectives was to minimize conflicts between roadway users and students by creating a safe environment for walking and cycling to school while also working toward the City’s Vision Zero safety goals through improved engineering, education, and enforcement approaches. 9 C. PROPOSED STAFFING
When you select a consultant for your project, you are really selecting the people that will provide the right combination of relevant experience, technical competence, local knowledge, passion for the project, and superior skill in successful project delivery. The key team members we have assembled for this project fit these requirements perfectly. They are seasoned planning, engineering, and specialty professionals with a successful track record of delivering a variety of project types, including extensive experience with HSIP and safety projects.
Ryan Calad, PE, TE, will lead our team—primarily comprised of personnel from our Los Angeles and Orange offices—as a dedicated project manager. He will be available to City staff for all tasks that are a part of this program.
Ryan is well known for his responsiveness and has a long history supporting the City. He will be assisted by a highly qualified team of in-house professionals and specialty subconsultant firms that have served in identical roles for similar crosswalk improvement projects. Key personnel will be available to the extent proposed for the duration of the Professional Services Agreement. Kimley-Horn acknowledges that no person assigned to a project shall be removed or replaced without the prior written concurrence of the City.
We have provided resumes that highlight our key personnel’s qualifications and experience in the Appendices of this Proposal.
Organizational Chart
Our organizational chart below illustrates our team of personnel who will perform the services described in the RFP, along with their role.
10 D. CONSULTANTS AND/OR
SUBCONSULTANTS
In an effort to provide the City with the depth of resources necessary to seamlessly deliver services for the project, Kimley-Horn has teamed with On Point to supplement our in-house team. Not only are they talented from a technical standpoint, but they also have an understanding of the local environment and strong working relationships with members of the Kimley-Horn team, as they have supported us on other projects.
On Point Land Surveying, Inc.
Firm Profile: On Point Land Surveying (On Point) offers highly experienced staff that can manage any level of project, from small residential lots to multi-million-dollar construction projects. Their team provides the following services:
■ Boundary Surveys
■ Design Surveys
■ Construction Staking
■ GPS Surveys
■ Topographic Surveys (Conventional and Aerial)
■ Parcel Maps, Tract Maps, and Records of Survey
Address: 1906 Orange Tree Lane, Suite 240, Redlands, CA 92374 Phone: 909.792.2221
References:
■ Icon West, Inc. | 520 La Fayette Park Place, Unit 503, Los Angeles, CA 90057 | Youssef Salloum, Project Engineer | 213.544.2504| Services Offered: Surveying
■ Balfour Beatty | 640 East Arrow Highway, La Verne, CA 91750 | Gil Fullen, Senior Vice President, Business Development | 949.502.4000 | Services Offered: Surveying ■ Weka, Inc. | 326 West Orange Show Road, Suite 114, San Bernardino, CA 92408 | Kari Saputo, Project Administration | 909.425.8700 | Services Offered: Surveying Responsibilities/Services Provided: Topographic Surveying Resumes: Key personnel resumes are included in the Appendices of this Proposal Reporting Relationship with Subconsultant
Kimley-Horn maintains a clear and structured business and reporting relationship with our subconsultant, serving as the prime consultant and single point of contact for the City while providing overall project management, coordination, and quality control. We will establish defined scopes of work, roles, and responsibilities our subconsultant at the outset of every project, and we will promote open communication and collaboration through regular coordination meetings and progress updates. Our subconsultant, On Point, was selected for their expertise and familiarity with local conditions. They will report directly to Kimley-Horn, and we will integrate their deliverables into the overall project to promote consistency with project goals, schedules, and quality standards. For this project, On Point will provide us with a draft version of all deliverables, and project manager, Ryan Calad, PE, TE, and QC/QA manager, Jason Melchor, PE, will provide a complete review before providing any milestone deliveries to the City. We understand that the City desires to enter into a Professional Services Agreement (PSA) with a consultant that will be responsible for all work, products, and services, that there will be no assignment of any aspect of assigned projects without the prior written authorization of the City, and that the City has the right to reject any changes made to the proposed team members, including subconsultants.
11 E. WORK APPROACH
Project
Understanding
Project Grant
The City received state funding through
HSIP Cycle 12, set aside funding
$388,800 total with City Match, for this
Pedestrian School Crossings Project, CIP
No. 50127, HSIPL-5351(048) (Project).
The project will target pedestrian crossing
enhancements at eight intersection
locations. All eight proposed
improvements target areas around
schools, with the primary focus on streets
that serve three schools: The Steam
Academy, North Park Academy of Arts,
and Magee Academy of Arts and
Sciences. These streets are either
adjacent to the school perimeter or
intersect nearby. The streets and project
intersections proposed to be enhanced
are:
1. Sideview Drive and Shade Lane
2. Orange Avenue and Shade Lane
3. Orange Avenue and Homestead
Street
4. Orange Avenue and Maxine Street
5. Durfee Avenue at North Park
Academy of Arts Driveway
6. Serapis Avenue and Aero Drive
7. Serapis Avenue and La Docena Lane
8. Serapis Ave and Terradell Street
Previously, Pico Rivera also identified
several locations for safety improvements
through their SRTS Mater Plan in 2014. As part of this project, enhancing pedestrian safety in school zones will be addressed further. Outlined in Figure 1, found to the right, is a location map of the project locations, a summary of the proposed improvements for improved school crossing signage, improved crossing striping, installation of RRFBs, LED enhanced signage, and any ADA needed improvements, such as curb ramps. 12 Project Approach
The Kimley-Horn team takes a hands-on approach and is familiar with taking safety projects from beginning to end, which puts us in a position to have this project run as smoothly as possible for the City. We will provide turn-key services throughout the project. Outlined below are some of our key project approaches.
School Zone Conformance
Since the project targets pedestrian crossing safety improvements, it is crucial that school design guidelines are consistently followed so that these measures are truly effective. During our field reviews for this project, the team observed multiple cases where school zone signage and striping were incorrectly implemented according to the California Manual on Uniform Traffic Control Devices 2026 (CA MUTCD) and California Vehicle Code (CVC).
Notably, similar issues and corrections were also identified in 2014 within the City SRTS Master Plan; but appear not to have been implemented. This issue is significant since it appears there are signs and markings that are 20+ years old, and severely out of conformance, that could expose the City and add further confusion for drivers and pedestrians. Examples of some of these issues are shown below:
Ryan Calad, PE, TE is recognized as a leader with regards to school zones from past projects and technical presentations, who will provide guidance to the City and project for the consistency of school zone conformance. As a value-added service, we offer a thorough school zone compliance audit covering every school zone near Steam Academy (formerly Burke Middle School), Magee Academy of Arts and Sciences, and Northpark Academy of Arts.
These memos will summarize field observations, current school zone signage and striping, boundary locations, 13 speed limits, relevant vehicle codes, traffic control standards, and include recommended updates planned for the project.
The Kimley-Horn team will utilize the guidelines and requirements outlined in the latest edition of the CA MUTCD 2026, as detailed in the CA MUTCD Part 7 "Traffic Control for School Areas," which establishes fundamental principles and prescribes standards for the design, application, installation, and maintenance of traffic control devices under the unique conditions present in school areas during this School Zone Conformance review. Additionally, the California Vehicle Code (CVC) will be referenced to further define and assess relevant legal code descriptions for traffic controls in school zones. The CVC sections listed below are frequently cited throughout CA MUTCD Chapter 7:
■ Section 377 – Limit line
■ Section 627 – Engineering and Traffic Survey
(E&TS)
■ Section 21102 – Local Authority to Close Streets
■ Section 21368 – Crosswalks Near Schools
■ Section 21372 – Guidelines for Traffic Control
Devices Near Schools
■ Section 21373 – School Board Request for
Traffic Control Devices
■ Section 21458 – Curb Markings
■ Section 21949 through 21971 – Pedestrians’
Rights and Duties
■ Section 22350 – Basic Speed Law
■ Section 22352 – Prima Facie Speed Laws
■ Section 22358.4 – Decrease of Local Limits Near
Schools or Senior Centers
■ Section 22504 – Unincorporated Area Parking;
School Bus Stops
■ Section 40802 – Speed Traps
Civil Roadway Design
For the ADA curb ramps, the grant outlined two intersections where upgrades would be needed near Steam Academy at the intersections of Serapis Avenue at Terradell Street and Serapis Avenue at Aero Drive. Our team reviewed both of these locations in the field for this proposal. From our findings, we measured all the curb ramps at each intersection with measuring wheels and smart levels. 14 Serapis Avenue at Aero Drive: This intersection is an all-way stop controlled intersection with crosswalks on all four approaches and four curb ramps on each corner. From this review, we concluded that all ramps at the intersection are, in fact, ADA-compliant. The ramps are all Case B Type 2 per the Standard Plans for Public Works Construction – Green Book (SPPWC Green Book) or Caltrans Modified Case C, with
retaining curbs. All corners had flares measured between
5.9%-7.9% (max 8.33%), ramps at 2%, and detectable warning surfaces. Additionally, adjoining gutters were all under 5% adjacent to the ramp. As such, we will exclude the upgrades to the curb ramps at this intersection as part of our scope of work.
Serapis Avenue at Terradell Street: This
intersection is a “T” configuration featuring allway stop control. Crosswalks are located on the south and west legs of the intersection. Field
reviews and measurements have confirmed that
these areas require construction upgrades to
meet ADA requirements. These improvements
had been identified in the City SRTS Master Plan
from 2014. The northwest curb ramp must be
redesigned to accommodate both ADA
requirements and the adjacent residential
driveway. Similarly, the southwest corner curb
ramp will be reconstructed to meet ADA
standards, with sufficient right of way available.
Design work will also address modifications to the cross spandrel. On the east side, there is no existing curb ramp; its potential placement near a residential driveway apron will be considered during the design process. Our team will provide updated design plans for this intersection, along with the necessary topographic survey to support our design efforts.
Durfee Avenue at North Park Academy Driveway: This
location will implement a midblock uncontrolled crossing with a raised crosswalk and RRFBs. This was an
improvement that was identified back in 2014 in the City SRTS Master Plan. For the design approach, we will
cover the signing and striping upgrades for school zone conformance as well as plan out the details for the raised crosswalk design that will result in the best effectiveness of these safety treatments. Below are some of our
recommendations/findings:
■ There are no storm drains on Durfee Avenue fronting
the street, and based on the LA County Storm Drain
System, the current flow is to the south on Durfee
Avenue to Beverly Road. We will have to maintain the current roadway flow for drainage. For other raised crosswalk designs we have completed, we can maintain the current gutter and flowline profiles using culverts.
There is already a culvert under the sidewalk on the east side of the road that drains from the school to the street. This will be maintained by our design, and we will update as needed to keep current drainage patterns. 15 ■ There are current line-of-sight
obstructions at the proposed location due
to utility poles, trees, and parked vehicles.
This is not ideal, as the line of sight to
vehicles and pedestrians, and the RRFB’s
will be obstructed, limiting the
effectiveness of the treatments. To
improve this, we will recommend some
red curb to prevent parking near this
treatment. As an additional safety
measure, we recommend the inclusion of
bulb-outs as part of the design to further
improve line of sight between vehicles and
pedestrians and the RRFB’s. We recently
implemented a similar treatment in Palm
Desert, as shown to the right, with the
bulbouts, and culvert to protect the
existing flow lines.
Grant Administration
Grant Administration is a key activity, allowing the City to confidently follow through with procurement. When agencies are appropriated funding, it is their responsibility to work with the administering agencies to submit the required documents as well as reimbursement requests. Funding administration involves various steps, such as tracking all eligible and non-eligible expenditures through a project’s lifespan, providing advisement on programmatic changes and updates, and building relationships with each agency granting or administering the funding. KimleyHorn is thoroughly familiar with the processes required pursuant to Caltrans in addition to the design and integration of this project, we understand the importance of coordination with Caltrans District 7 for successful implementation of the project. Our team will verify that our submittals are complete to meet Caltrans LAPM requirements for each submission. It is further understood that the project is funded by state-only funds and is also subject to the state’s process for state-funded HSIPs.
Though not requested in the RFP, Kimley-Horn can help the City prepare the Categorical Exception (CE) documents and coordinate with the City to receive approval. Because this project is state-funded, local HSIP projects must meet the requirements of the California Environmental Quality Act (CEQA). Based upon our preparation of environmental documentation for similar projects and a review of the project as presented in the RFP, Kimley-Horn anticipates that the project will be categorically exempt under CEQA Guidelines Section 15301 – Existing Facilities. The Notice of Exemption (NOE) should include a brief project description and analysis/explanation as to why this exemption under CEQA Guidelines Section 15301 is appropriate and to confirm that no exceptions or unusual circumstances exist. As this is a state funded HSIP project, Caltrans LAPM forms for PS&E Certification and E-76 Construction Authorization are not required.
16 Scope of Services
Task 1) Project Management
This task will consist of project coordination with the team, administration, and set up and attendance at project meetings. Kimley-Horn’s administration efforts consist of initial development and maintenance of project schedule, work plan, budget, and filing system, and processing monthly invoices/progress reports. We will create and maintain a detailed schedule, updating it as needed to manage the project, and as requested by the City.
Kimley-Horn will attend a pre-design (kick-off) meeting with City staff to conduct introductions, discuss scope of work, information needed from various City departments, overall schedule, and the implementation process. After the kickoff meeting, monthly progress meetings will be scheduled as well as meetings to review the preliminary design, 75%, 90%, and 100% submittals with City staff. Any difficulties that may impede progress will be communicated, resolved, and expedited to communicate and inform the City about schedule and upcoming deadlines.
Task 1 Deliverables
Attendance at project kick-off meeting and project meetings (up to 6) Electronic copy of meeting agendas and meeting minutes Schedule updates at each submittal milestone (75%, 90%, 100%) Task 2) Agency and Utility Coordination
Kimley-Horn will obtain an initial list of existing utilities for the Civil Roadway plans using DigAlert and the City’s Database. Kimley-Horn will prepare Utility Letters on behalf of the City to send to utility companies within the project limits. The Utility Letters will include a project description and request utility record maps to understand utilities within the project limits. Kimley-Horn will track the date, contact person, phone number, and the documents received from utility companies in a Utility Tracking Matrix. This matrix will be updated and provided to the City to provide a status update of utility information received. Kimley-Horn will send out the 75%, 90%, and 100% submittals to any impacted utility companies and notify the utility companies of anticipated construction duration.
Task 2 Deliverables
Utility Notification Letters (initial and final)
Utility Matrix
Task 3) Preliminary Engineering
Task 3.1 Design Survey
Kimley-Horn will acquire topographic survey at the intersections:
■ Serapis Avenue at Terradell Street (ADA Curb Ramps)
■ Durfee Avenue at North Park Academy Driveway (Raised Crosswalk) Kimley-Horn has partnered with qualified subconsultant On Point to provide a design lead topographic survey within the project limits to establish horizontal and vertical controls at 50-foot intervals. The survey will extend 50 feet beyond the beginning of curb ramp/end of curb ramp (BCR/ECR) at signalized intersections. The survey control, survey features, and utility items to be shown are:
17 SURVEY CONTROL
■ The vertical control will be based on the North American Vertical Datum of 1988 (NAVD 88). A local municipal benchmark will be used, if available. Confirmation of the vertical datum will be required before field mobilization. ■ The horizontal control will be based on the California State Plane Coordinate System of 1983 (NAD 83).
Confirmation of the horizontal datum/EPOCH will be required before field mobilization.
SURVEY FEATURES
■ Survey observations will be taken on a 25-foot natural ground grid and 25-foot finish surface grid to create one foot contour intervals. Spot elevations will be at back of walk/sidewalks, top of curbs, flow lines, gutter edges, street crowns, high/low points, top and toe of slopes, grade breaks, finish floors, driveway aprons and handicap ramps.
■ Spot elevations to determine the water flow of adjacent streets and catch basins that terminate or commence offsite and flow within the site
■ Location of signing and striping within the site
■ Location of trees over six feet in height, regardless of caliper, within the site
UTILITIES
■ Location, elevation, size, and type of visible above ground utilities within the site ■ Flow line invert elevations and sizes of drain inlets, sanitary sewer drain manholes within the site, unless bolted down
■ Existing utility lines identified by painted striping from USA markings will be surveyed.
Task 3.1 Deliverables
One final topographic survey in CAD and PDF format
Task 3.2 Records Research and Field Reviews
Kimley-Horn will obtain copies of readily available records from the City, including street plans, signing and striping plans, street improvement plans, and other similar records that the City knowingly has in its possession.
FIELD REVIEWS
School Zone Conformance - Signing/Striping: We will examine each intersection included in the project. As a value-added service, we offer a thorough school zone compliance audit covering every school zone near Steam Academy, Magee Academy of Arts and Sciences, and Northpark Academy of Arts. For each school, we will prepare an individual School Zone audit memo, signed and stamped by a licensed Civil and Traffic Engineer, addressing roadway segments up to 1,200 feet from the school's edge. These memos will summarize field observations, current school zone signage and striping, boundary locations, speed limits, relevant vehicle codes, traffic control standards, and include recommended updates planned for the project.
Civil Design Work: For the civil roadway work at Serapis Avenue at Terradell Street (ADA Curb Ramps) and Durfee Avenue at North Park Academy Driveway (Raised Crosswalk) intersections, horizontal measurements will be taken using a measuring wheel and tape measure. Slopes will be measured with an electronic slope level for the curb ramps. Each curb ramp will be evaluated to determine ADA compliance and if an upgrade is necessary. This work will be supplemented with photo logs of the field work with a discussion of existing field findings and applicable design considerations with regards to ADA compliance, drainage, roadway conditions, and others.
Kimley-Horn will conduct up to two (2) in-person field meetings with City staff at conceptual and 75% design completion to evaluate design recommendations against existing conditions. 18 Task 3.2 Deliverables
Field conditions assessment memo, field notes, and electronic files of photos and notes Design review field meetings (up to two (2))
Task 4) Final Engineering
This scope includes three (3) submittals to the City and anticipates one (1) round of consolidated comments each for the 75% and 90% submittals. The plans will be prepared in accordance with City Standards and will be prepared on 24” x 36”, full-size sheets, using AutoCAD 2026 or later.
TITLE SHEET AND GENERAL NOTES
Kimley-Horn will prepare a Title Sheet and General Notes Sheet. The Title Sheet will include a sheet index and vicinity map. The General Notes Sheet will include project general notes, construction notes, a legend, and abbreviations. The City will provide the latest plan templates for the Title Sheet and General Note Sheet for KimleyHorn’s use.
CIVIL DESIGN IMPROVEMENT PLANS AND ADA CURB RAMPS
Our Civil Design improvement plans will provide sufficient details for the project construction of the ADA curb ramps and raised crosswalk improvements. For the raised crosswalk at Durfee Avenue at North Park Academy Driveway, our Civil improvement sheet will include applicable demolition, construction, and roadway cross-section details. We will prepare Construction Detail sheets for project design elements that deviate from an existing SPPWC or City standard detail, such as the raised crosswalk. The details will be shown on a 1” = 10’ scale, including callouts for civil elements, elevations, and slopes.
Necessary adjustments to surface utility features will be identified and addressed with construction note callouts on the improvement plans. Modifications or relocations of the existing culvert inlet is not anticipated, but we make design adjustments as needed to maintain existing drainage patterns and flows.
Kimley-Horn will prepare Curb Ramp Detail Sheets for ADA-compliant curb ramps at the intersection of Serapis Avenue and Terradell Street, where topographic survey has been performed. The detail sheet will be prepared in accordance with City of Pico Rivera Standards, Standard Specifications for Public Works Construction (SSPWC) Green Book, and Public Right-of-Way Accessibility Guidelines (PROWAG) guidelines. The details will call out the type of curb ramp, elevations, grades, and landing area at the top and bottom of the ramp for ADA compliance. It is assumed that no utilities will need to be relocated.
SIGNING AND STRIPING PLANS
Kimley-Horn will prepare signing and striping plans for all eight (8) project intersections with the new upgraded pedestrian crossing treatments. The Plans will be prepared in accordance with City of Pico Rivera Standards, the latest Caltrans Standard Plans, and latest CA MUTCD. The plans will be prepared at 1”=40’ scale on a full-size. We will also provide a signing and striping detail sheet for design elements that deviate from existing standards or require specific guidance and specifications for items such as RRFBs, flashing stop signs, and raised crosswalk striping.
PLAN SET
The plan set is estimated to contain a maximum of 13 plan sheets, which include:
■ Title Sheet (Not to Scale [NTS]) – One (1) sheet
■ General Notes (NTS) – One (1) sheet
19 ■ Curb Ramp Details (1" = 5') = One (1) Sheet, Durfee Avenue at North Park Academy Driveway ■ Curb Ramp Details (1” = 5’) = One (1) Sheet, Serapis Avenue and Terradell Street ■ Signing and Striping Plans (1” = 40’) = Up to Eight (8) sheets ■ Signing and Striping Detail Sheet (NTS) = One (1) Sheet The plan work will be signed, stamped, and dated by a licensed California civil engineer. For each submittal, a comments matrix will be prepared to document any comments received from the City. Kimley-Horn will address all comments or will provide responses and reasoning as to why comments were not addressed. This comment matrix will remain current over the lifetime of the project.
Task 4 Deliverables
75% Draft Plan Set in PDF format
90% Draft Plan Set in PDF format
100% Plan Set in PDF format and AutoCAD
Task 5) Cost Estimates
Kimley-Horn will prepare an Opinion of Probable Construction Costs (OPCC) based on the 75%, 90%, and 100% Plans. The OPCC will be presented to show the proposed bid items, unit prices, contingencies, construction cost escalation, and an overall project cost. Clients are specifically cautioned that unit prices for construction have been and remain unpredictable and escalating and clients should include significant contingencies and engage in independent contractor pricing exercises. Kimley-Horn will exercise reasonable efforts to overcome the challenges presented by current circumstances, but Kimley-Horn will not be liable to Client for any delays, expenses, losses, or damages of any kind arising out of the volatility of construction costs and unit prices.
Task 5 Deliverables
75% Draft OPCC in PDF electronic format
90% Draft OPCC in PDF electronic format
100% Final OPCC in PDF and Microsoft Excel format
Task 6) Specifications
Kimley-Horn will prepare technical specifications for the 90% and 100% submittals. The technical specifications will refer to the latest SSPWC and be amended by the City’s Standard Provisions, as necessary. It is assumed the City will provide boilerplate language for their Standard Provisions. Additional source documents may be used by KimleyHorn to cover other project features not covered by the City Standard Provisions or the Greenbook. A licensed professional engineer will stamp and sign the provisions.
Task 6 Deliverables
Special Provisions at 90%, and 100% in Electronic formats (Word and PDF) 20 Task 7) Project Advertisement Services
This task consists of coordination and support during the bidding and advertisement phase of the project. KimleyHorn will log questions and provide responses to RFIs during the advertisement phase. Our scope includes response for up to three RFIs and questions during the bidding phase.
Task 7 Deliverables
Respond to up to three (3) RFIs and questions during bidding phase Task 8) Construction Support Services
Kimley-Horn will help coordinate and support during the construction stages of the project. Kimley-Horn will attend the pre-construction meeting and address items for the construction management team to be aware of. We will attend up to two (2) construction progress meetings or field meetings. It is assumed these meetings will be in the field. Kimley-Horn will be involved during the construction phases by responding up to four (4) RFIs, reviewing and responding up to four (4) material submittals and reviewing proposed changes by the contractor during construction.
Regularly scheduled construction observation is specifically excluded from this scope of work.
Task 8 Deliverables
Attendance of up to two (2) in-person meetings
Material Submittal List in Excel format
Review and approve material submittals
Review and respond to up to four (4) RFIs
Task 9 Prepare Record Drawings (As-Builts)
Kimley-Horn will prepare an as-built record drawing within 20 days of construction completion. Any comments and changes during construction as red-lined and noted by the contractor will be documented and annotated. Record drawings will be prepared in AutoCAD, and PDF electronic files will be sent to the City. Kimley-Horn assumes no responsibility for the accuracy of the information provided by the City’s Construction Manager and the Contractor.
Task 9 Deliverables
Record drawing in PDF electronic format
AutoCAD files for all drawings
21 Proposed Schedule
22 F. CLIENT REFERENCES
We are pleased to present recent California municipal client references below, demonstrating Kimley-Horn’s extensive experience and successful project delivery.
City of Anaheim, Uncontrolled Crosswalk Improvements at High Pedestrian Volume Locations Project (HSIP Cycle 11), Anaheim, CA Project Description: Kimley-Horn is currently assisting the City of Anaheim with the Uncontrolled Crosswalk Improvements at High Pedestrian Volume Locations Project (HSIP Cycle 11). The proposed improvements are designed to significantly enhance driver awareness of pedestrian activity and encourage mobility and accessibility through the installation of ADA-compliant curb ramps, particularly at unsignalized intersections and mid-block locations where the risk of conflicts is high. The scope of work consists of field work, utility coordination, RRFB plans, signing and striping, and ADA curb ramp details at 12 pedestrian crossings within the City.
Contact: Cesar Morales, Principal Traffic Engineer | 714.765.5286 | 200 South Anaheim Boulevard, Anaheim, CA 92805
City of West Covina, Preliminary Engineering Services HSIP Cycle 10 Improvements, West Covina, CA
Kimley-Horn was selected by the City of West Covina to provide design services for multiple traffic signals across the city. Preparation for this project included coordinating with local utility companies to obtain record base maps of utility lines in the area. Our team will coordinate with utility companies until the start of construction to facilitate adjustment and facility relocation. During the preliminary engineering phase, Kimley-Horn reviewed all available right-of-way maps, assessor parcel maps, easement information, as-built improvement plans, utility information, and survey information. Our team also conducted field investigations at each intersection location and prepared preliminary engineering plans to show tentative traffic signal improvements. Following City review and comments, our team will prepare 60%, 90%, and 100% complete PS&E construction documents to submit to the City for review. Once the project moves into the bidding phase, Kimley-Horn will assist the City staff with answering pre-bid questions and preparing responses to requests for information. Our team will assist with coordination and support during the construction stages. Finally, we will prepare updated traffic signal timing sheets for the intersections covered in the project and record drawing as-builts following completion of construction.
Contact: Brian Cervantes, Public Works Inspector/Technician | 626.939.8425 | 1444 West Garvey Avenue South, West Covina, CA 91790
County of Los Angeles, Pedestrian Feasibility Plan, Los Angeles, CA Project Description: Kimley-Horn is leading the Pedestrian Feasibility Plan review for Los Angeles County Public Works for the County’s ATP Cycle 8 grant application. We are evaluating and designing pedestrian and traffic calming improvements at 144 locations across Willowbrook, West Rancho Dominguez, East Rancho Dominguez, and East Los Angeles. Our team is conducting field reviews, inventories, and ADA compliance assessments; performing traffic data collection and Synchro operational analysis; and preparing feasibility studies, risk analyses, and conceptual design plans in accordance with County standards. Proposed enhancements include ADA-compliant curb ramps, high-visibility crosswalks, curb extensions, truck-turning evaluation, raised crosswalks, pedestrianactivated warning systems, neighborhood traffic circles, refuge islands, sidewalk improvements, physical medians, restriping, and intersection reconfigurations. We are also developing OPCC to support the ATP grant submittal.
Contact: Eric Dunlap, Principal Civil Engineer | 626.458.5912 | 1129 East 59th Street, Los Angeles, CA 90001 23 APPENDIX
Key Personnel Resumes
A1
Ryan Calad, PE, TE
Project Manager
Ryan has 20 years of experience and is a recognized leader in the transportation and public works field. He has served in leading roles on many transportation and public works projects and has extensive experience managing projects for the City. Ryan excels at project team management and knows our team will work as an extension of yours.
He will prioritize communication with City staff so that work products are timely and responsive to your needs.
Mr. Calad will be project manager for this work, drawing on his experience with school zone compliance, more than a dozen HSIP projects, and multiple complete streets civil design projects to guide a skilled team toward successful completion for the City.
RELEVANT EXPERIENCE
■ Town of Apple Valley, Safe Routes to School Master Plan, Apple Valley, CA – Project Manager* ■ Town of Apple Valley, Townwide School Zone Analysis and LRSP, Apple Valley, CA – Project Manager* ■ City of West Covina, Preliminary Engineering Phase Services for Safe Routes to School and Pedestrian Safety Project, West Covina CA – QC/QA Manager
■ City of Anaheim, Uncontrolled Crosswalk Improvements at High Pedestrian Volume Locations (HSIP Cycle 11), Anaheim, CA – QC/QA Manager
■ City of Anaheim Pedestrian Crosswalk Safety Improvement (ATP Cycle 6), Anaheim, CA – QC/QA Manager
■ City of Costa Mesa, Safe Routes to School Action Plan, Costa Mesa, CA – Action Plan Task Leader ■ County of Los Angeles, Pedestrian Feasibility Plan, Los Angeles, CA – Senior Engineer ■ City of Orange, Citywide School Crossing Guard Assessment, Orange, CA – Project Manager ■ City of Hollister, Vision Zero Action Plan, Hollister, CA – SRTS Task Manager ■ City of Calabasas, HSIP Traffic Signal Safety Improvements (HSIP Cycle 11), Calabasas, CA – Project Manager
■ City of Bakersfield, Monitor Street Corridor ATP PS&E, Bakersfield, CA – QC/QA Lead ■ Town of Apple Valley, Powhatan Road Complete Streets PS&E (ATP Cycle 6), Apple Valley, CA – Project Manager
■ City of Fullerton, Nutwood Avenue Complete Streets PS&E (ATP Cycle 6), Fullerton, CA – Traffic Task Manager/Engineer of Record
■ City of South Pasadena, Fair Oaks Avenue Signal Improvement Project (HSIP), South Pasadena, CA – Project Manager*
■ City of Barstow, Intersection Improvements for Main Street and Barstow Road Corridors (HSIP), Barstow, CA – Project Manager*
■ City of Orange, Glassell Street/Walnut Avenue and Chapman Avenue/James Street Left-turn Signal Modifications (HSIP), Orange, CA – Project Manager*
■ City of Orange, Chapman Avenue/Flower Street and Chapman Avenue/Feldner Road Left-turn Signal Modifications (HSIP), Orange, CA – Project Manager*
*Prior to Kimley-Horn
EDUCATION
■ Bachelor of Art, Social
Ecology, University of
California, Irvine
CREDENTIALS
■ Professional Engineer in
California #91422
■ Professional Traffic
Engineer in California
#2692
A2
Jean Fares, PE
Principal-in-Charge
Jean has nearly 40 years of experience with the planning and design of traffic and transportation projects throughout California and the western US. He has provided traffic signal timing at over 2,500 locations, traffic signal design at over 2,000 locations, and signal system design at over 1,500 locations, and has wide-ranging experience with traffic operations, signing and marking plans preparation, Transportation Management Plans (TMPs), and traffic control plans. Jean also has extensive expertise in applying traffic engineering, ITS technologies, and communications infrastructure design to leading designbuild transportation and transit projects.
RELEVANT EXPERIENCE
■ City of West Covina, Preliminary Engineering Phase Services for Safe Routes to School and Pedestrian Safety Project, West Covina CA – Principal-in-Charge
■ City of Pico Rivera, Citywide Traffic Signal Safety Enhancements HSIP Cycle 11, Pico Rivera, CA – Project Manager
■ City of West Covina, Preliminary Engineering Phase Services HSIP Cycle 10, West Covina, CA – Principalin-Charge ■ City of South El Monte, Design Services for Traffic Signal Improvements at Various Signalized Intersections HSIP Cycle 9, South El Monte, CA – Principal-in-Charge ■ City of Monterey Park, Design Engineering Services for Various Signalized Intersections Along Garfield Avenue HSIP Cycle 9, Monterey Park, CA – Project Manager ■ City of Culver City, Signal Upgrade and Left-Turn Phasing, Culver City, CA – Project Manager ■ City of San Bernardino, Upgrade of Various Signal Hardware on 224 Signalized Intersections on Various Arterials HSIP Cycle 9, San Bernardino, CA – Project Manager ■ City of West Hollywood, Civil Engineering Design Services for Sunset/Santa Monica Fiber Loop HSIP Cycle 10, West Hollywood, CA – Project Manager
■ City of Downey, Paramount Boulevard Traffic Signal Upgrade and Fiber-Optic Communication System, Downey, CA – Project Manager
■ City of Santa Clarita, Wiley Canyon Road at Orchard Village Road and Newhall Avenue at Railroad Avenue Intersection Improvement, Santa Clarita, CA – Deputy Project Manager ■ City of Thousand Oaks, Rancho Road Sidewalks and Bike Lanes, Thousand Oaks, CA – Project Manager ■ City of Maywood, Traffic Signal Improvements HSIP Cycle 11, Maywood, CA – Project Manager ■ City of Menifee, Citywide Traffic Signal Safety Improvements HSIP Cycle 10, Menifee, CA – Project Manager
■ City of Palm Springs, Traffic Signal Improvements HSIP Cycle 9, Palm Springs, CA – Project Manager ■ City of Palm Desert, High Visibility Crosswalk Improvements HSIP Cycle 10 Project, Palm Desert, CA – Project Manager
■ City of Santa Monica, Transit Priority System Phase 2 and ATMS, Phase 3, Santa Monica, CA – Project Manager
EDUCATION
■ Bachelor of Science,
Architecture, California
State Polytechnic
University, Pomona
CREDENTIALS
■ Professional Engineer in
California #2097
A3
Vivian Chong, PE
Deputy Project Manager
Vivian is a civil engineer who has led and managed
projects involving signal design, fiber-optic design, signing and striping, ADA curb ramp design, and traffic control for multiple jurisdictions throughout her career at Kimley-Horn. She has a strong background in projects involved with increasing safety for pedestrians and bicyclists, delivered on multiple projects with strict schedules, and is familiar with HSIP, ATP, and SS4A grant funding requirements. She has extensive experience at every step of a project such as executing site visits; producing plans, specifications, and estimate packages; managing budgets; keeping the project on schedule; coordinating with various jurisdictions, subconsultants, and utility companies; and providing support during the bidding and construction phases.
RELEVANT EXPERIENCE
■ City of Pico Rivera, Citywide Traffic Signal Safety Enhancements, Pico Rivera, CA – Project Manager ■ City of West Covina, Preliminary Engineering Phase Services for Safe Routes to School and Pedestrian Safety Project, West Covina CA – Project Manager
■ City of Maywood, Traffic Signal Improvements at Various Signalized Intersections HSIP Cycle 11 Improvements, Maywood, CA – Project Manager
■ City of Glendale, Signing and Striping Improvements HSIP Cycle 11, Glendale, CA – Project Manager ■ City of Cudahy, Citywide Signal Improvements Project HSIP Cycle 11, Cudahy, CA – Project Manager ■ City of Manhattan Beach, Crosswalk Improvement Project HSIP Cycle 11, Manhattan Beach, CA – Project Manager
■ City of West Covina Preliminary Engineering Services (PE) Phase Services, HSIP Cycle 10 Improvements, West Covina, CA – Project Manager
■ City of South El Monte, Traffic Signal Improvements at Various Signalized Intersections HSIP Cycle 9 Project, South El Monte, CA – Project Manager
■ City of South El Monte, Traffic Signal Improvements at Lee Avenue and Garvey Avenue and Durfee Avenue and Peck Road HSIP Cycle 10 Project, South El Monte, CA – Project Manager ■ City of South El Monte, Systemic Safety Improvements at Signalized Intersections HSIP Cycle 11 Project, South El Monte, CA – Project Manager
■ County of Ventura, Systemic Signals Improvements Project, Ventura County, CA – Project Engineer ■ City of Menifee, Citywide Traffic Signal Safety Improvement Design Services HSIP Cycle 11, Menifee, CA – Project Manager
■ City of Costa Mesa Citywide Systemic Signals HSIP Cycle 11, Costa Mesa, CA – Project Manager ■ City of Palm Springs, HSIP Cycle 11 Traffic Safety Enhancements at Nine Intersections, Palm Springs, CA – Project Manager
■ City of Monterey Park, Design Engineering Services for Various Signalized Intersections Along Garfield Ave HSIP Cycle 9 Project, Monterey, CA – Project Manager ■ City of Culver City, MOVE Culver City 2023, Culver City, CA – Project Engineer
EDUCATION
■ Bachelor of Science, Civil
Engineering, University of
California, Los Angeles
CREDENTIALS
■ Professional Engineer in
California #95833
A7
Jason Melchor, PE
QC/QA Manager
Jason has 28 years of experience in the management,
design, and review of traffic engineering projects. He has managed projects throughout Southern California, implemented safety improvements consisting of pedestrian and bicycle infrastructure, ADA, and street lighting improvements. He has worked with clients to complete systematic safety studies, LRSPs, and traffic impact studies, and has performed technical analysis for a variety of safety projects, transportation planning projects, parking studies, transit analyses, site plan reviews, and circulation studies. His traffic engineering experience includes traffic signal design, signing and striping, traffic control and signal interconnect and ITS design plans, and he has served as a key staff member on many transportation studies, traffic and civil engineering design and active transportation projects.
RELEVANT EXPERIENCE
■ City of Anaheim, Pedestrian Crosswalk Safety Improvement, Anaheim, CA – Principal-in-Charge ■ City of Anaheim Pedestrian Crosswalk Safety Improvement (ATP Cycle 6), Anaheim, CA – Principal-inCharge ■ City of Goleta, RRFB Improvements at School Crosswalks, Goleta, CA – Project Manager ■ City of Thousand Oaks, Thousand Oaks Boulevard Curbs and Pedestrian Crossings, Thousand Oaks, CA – Traffic Design Lead
■ City of Thousand Oaks, Avenida De Los Arboles and Avenida De Las Plantas, Thousand Oaks, CA Project Manager
■ City of Anaheim, Protected Left-Turn Signal at Four Intersections (HSIP), Anaheim, CA – Project Manager ■ City of Anaheim, Gene Autry Way Improvements (I-5 to State College Boulevard) and State College Boulevard Improvements (West Side), Anaheim, CA – QC/QA Manager ■ City of Orange, Glassell Street at Palmyra Avenue Traffic Signal Improvement (HSIP), Orange, CA – Project Manager
■ City of Orange, Glassell Avenue Left-Turn Lanes at Meats and Collins Avenue (HSIP), Orange, CA – Project Manager
■ City of Palm Springs, Traffic Signal Improvements, Palm Springs, CA – Project Engineer ■ City of Palm Desert, Traffic Operations and Capacity Improvements (HSIP), Palm Desert, CA – Project Engineer
■ City of Jurupa Valley, Pedley Road at Jurupa Road Intersection Improvements, Jurupa Valley, CA – Project Manager
■ City of Eastvale, Traffic Signal Dilemma Zone Detection and Mitigation HSIP Cycle 10 Project, Eastvale, CA – Project Manager
■ City of Calabasas, Lost Hills Road and Agoura Road Bike Lane Design, Calabasas, CA – QC/QA Manager ■ City of West Covina, Preliminary Engineering Phase Services (HSIP), West Covina, CA – Project Engineer ■ City of Monterey Park, Design Engineering Services for Various Signalized Intersections Along Garfield Avenue, Monterey Park, CA – Project Engineer
■ City of Santa Monica, Lincoln Neighborhood Corridor Streetscape Project, Santa Monica, CA – Project Engineer
EDUCATION
■ Bachelor of Science, Civil
Engineering, University of
California, Irvine
CREDENTIALS
■ Professional Engineer in
California #65218
A4
Carla Aboud, PE
Records Research and Field Reviews
Carla has seven years of experience in traffic engineering, transportation planning, and civil design. She has a proven record of delivering engineering solutions and quality service to clients on various multidisciplinary projects within budget and on schedule. She has supported and managed a variety of project types involving traffic signal modification, RRFB, signing and striping, street lighting, ADA design, and street improvements. Carla has vast experience in examining existing site conditions, identifying potential design conflicts, and implementing engineering judgments to mitigate design issues. She also has extensive experience in developing construction PS&E in accordance with Caltrans Standard Plans and Specifications for various state-funded projects including HSIP, ATP, and Safe Streets for All (SS4A), and she is well versed in the budget and schedule requirements associated with these projects. Carla takes pride in delivering successful projects through proactive communication, budget management, and schedule tracking.
RELEVANT EXPERIENCE
■ City of Anaheim, Uncontrolled Crosswalk Improvements at High Pedestrian Volume Locations (HSIP Cycle 11), Anaheim, CA – Project Manager
■ City of Anaheim Pedestrian Crosswalk Safety Improvement (ATP Cycle 6), Anaheim, CA – Project Manager
■ City of Burbank, San Fernando Bikeway, Burbank, CA – Senior Analyst ■ City of Goleta, Citywide Traffic Signal Upgrade Project (HSIP Cycle 10), Goleta, CA – Senior Analyst ■ City of Anaheim, Protected Left-Turn Signal Improvement Project at Four Intersections (HSIP), Anaheim, CA – Senior Analyst
■ City of Laguna Niguel, Forbes Road at Cape Drive and Getty Drive RRFB Plans, Laguna Niguel, CA – Senior Analyst
■ City of Orange, Glassell Street at Palmyra Avenue Traffic Signal Improvement (HSIP), Orange, CA – Senior Analyst
■ City of Anaheim, Anaheim Boulevard and Santa Ana Street Traffic Signal Modification, Anaheim, CA – Senior Analyst
■ City of West Covina, Preliminary Engineering Services, HSIP Cycle 10, West Covina, CA – Senior Analyst ■ County of Ventura, Hueneme Road Traffic Signal Modifications, Ventura County, CA – Senior. Analyst ■ City of San Bernardino, 224 Traffic Signal Improvements (HSIP), San Bernardino, CA – Senior Analyst ■ City of Rancho Cucamonga, Signing and Striping and Pavement Rehabilitation Plans for Rochester Avenue Pavement Rehabilitation, Rancho Cucamonga, CA – Senior Analyst ■ City of Rancho Cucamonga, Signing and Striping and Pavement Rehabilitation Plans for FY 21-22 Major Arterial Pavement Rehabilitation Project, Rancho Cucamonga, CA – Senior Analyst ■ City of Palm Springs, Palm Springs HSIP Traffic Signal Improvements (9 intersections), Palm Springs, CA – Senior Analyst
■ City of Corona, McKinley Street Grade Separation Project, Corona, CA – Senior Analyst ■ City of Santa Monica, Lincoln Neighborhood Corridor Streetscape Project, Santa Monica, CA – Senior Analyst
■ City of Santa Monica, Standardized Temporary Traffic Control Plans (TTCP) for Citywide Signature Events, Santa Monica, CA – Senior Analyst
EDUCATION
■ Bachelor of Science, Civil
Engineering, California
State University, Long
Beach
CREDENTIALS
■ Professional Engineer in
California #97652
A5
Brandon Chen, PE
Civil PS&E
Brandon has more than 15 years of project management,
design, and construction experience across
multidisciplinary infrastructure projects for various local agencies, municipalities, and Caltrans. He is proficient in guiding project execution by understanding the client’s objectives and goals, maintaining effective communication and collaboration between the project team, and providing dependability and full commitment to deliver projects in a high-quality manner from start to finish. He brings proven success in managing client/stakeholder expectations, overseeing multiple project teams, managing risks, identifying and mitigating issues, and addressing complex challenges to complete projects on time and under budget.
RELEVANT EXPERIENCE
■ City of Anaheim, Uncontrolled Crosswalk Improvements at High Pedestrian Volume Locations Project (HSIP Cycle 11), Anaheim, CA - Civil/ Roadway Lead
■ City of Anaheim Pedestrian Crosswalk Safety Improvement (ATP Cycle 6), Anaheim, CA – Civil/Roadway Lead
■ City of Fullerton, Nutwood Avenue Bike and Pedestrian Mobility Enhancements (ATP Cycle 6), Fullerton, CA – Civil/Roadway Lead
■ City of Santa Ana, Warner Avenue Street Improvements and Widening Project (Oak Street to Grand Avenue), Santa Ana, CA – Project Manager
■ Town of Apple Valley, Powhatan Road Complete Streets Project, Apple Valley, CA – Deputy Project Manager
■ City of Long Beach, Studebaker Road Complete Streets Project, Long Beach, CA – Deputy Project Manager*
■ City of Long Beach, SR-22/Studebaker Road Interchange PA&ED and PS&E Project, Long Beach, CA – Deputy Project Manager*
■ City of Los Angeles Bureau of Engineering (LABOE), Affordable Housing and Sustainable Communities (AHSC) Cycle 5 Sustainable Transportation Infrastructure and Transportation Related Amenities (TRA) Improvements, Los Angeles, CA – Design Manager*
■ City of Yorba Linda, Bastanchury Road Widening Project, Yorba Linda, CA – Bid/Construction Support* ■ City of Pomona, Downtown Bicycle and Pedestrian Improvements, Pomona, CA – Project Engineer /Construction Manager*
■ City of Pomona, Major Street Rehabilitation on Valley Boulevard, Fairplex Avenue, McKinley Avenue, Orange Grove Avenue, Park Avenue, and San Antonio Avenue, Pomona, CA – Project Engineer /Construction Manager*
■ City of Covina, Grand Avenue Street Rehabilitation Project, Covina, CA – Project Engineer/Construction Manager*
■ City of Claremont, SRTS Towne Avenue at I-210 On and Off-Ramp ADA Improvements, Claremont, CA – Project Engineer/Construction Manager*
■ City of Covina, City Water Standard Updates, Covina, CA – Project Manager* *Prior to Kimley-Horn
EDUCATION
■ Bachelor of Science, Civil
Engineering, California
State Polytechnic
University, Pomona
CREDENTIALS
■ Professional Engineer in
California #91037
A6
Anthony Smith, PE, PLS
Subconsultant – Topographic Survey
Anthony is an accomplished survey manager and
principal with more than 20 years of broad-spectrum
experience in all phases of land surveying and civil
engineering; including project management, fundamental engineering, and construction services. He has extensive work experience with civil, architectural, and geotechnical industries developing skills in multiple facets.
Anthony is an accomplished problem solver and consensus builder; able to relate to diverse populations from general public, colleagues, and staff. He is technologically proficient and uses his computer skills to improve operational efficiency and productivity.
RELEVANT EXPERIENCE
■ City of Anaheim, Pedestrian Crosswalk Safety Improvement, Anaheim, CA – Surveyor
■ City of Anaheim, Anaheim Elementary School District (Gauer Elementary School), Survey Services at 810 North Gilbert Street, Anaheim, CA – Surveyor
■ City of Anaheim, Anaheim Union High School District (District Office Marquee Sign), Surveying Services at 501 North Crescent Way, Anaheim, CA – Surveyor
■ City of Anaheim, Anaheim Elementary School District (Paul Revere Multi-Purpose Room (MPR) Building and Parking Lot), Surveying Services at 140 West Guinida Lane, Anaheim, CA – Surveyor ■ California Department of Transportation (Caltrans District 12), Surveying Services for Orange Avenue, Anaheim, CA – Surveyor
EDUCATION
■ Bachelor of Science, Civil
(Geospatial) Engineering,
California State
Polytechnic University,
Pomona
CREDENTIALS
■ Professional Engineer in
California #80387
■ Professional Land Surveyor
in California #8133
A8
Forms
A9
67 EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
☐ a. contract
☐ a. bid/offer/application ☐ a. initial
☐ b. grant ☐ b. initial award ☐ b. material change
☐ c. cooperative agreement ☐ c. post-award
☐ d. loan For Material Change Only:
☐ e. loan guarantee year ____ quarter _________
☐ f. loan insurance date of last report ___________
4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:
☐ Prime ☐ Subawardee
Tier _______ , if known
Congressional District, if known Congressional District, if known
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable ____________________
8. Federal Action Number, if known: 9. Award Amount, if known:
10. Name and Address of Lobby Entity 11. Individuals Performing Services (If individual, last name, first name, MI) (including address if different from No. 10) (last name, first name, MI)
(attach Continuation Sheet(s) if necessary)
12. Amount of Payment (check all that apply) 14. Type of Payment (check all that apply) $ _____________ ☐ actual ☐ planned ☐a. retainer
☐b. one-time fee
13. Form of Payment (check all that apply): ☐c. commission ☐ a. cash ☐d. contingent fee
☐ b. in-kind; specify: nature _____________ ☐e. deferred Value_____________ ☐f. other, specify _______________________
15. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:
(attach Continuation Sheet(s) if necessary)
16. Continuation Sheet(s) attached: ☐ Yes ☐No
17. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Signature: _________________________________________
Print Name: _______________________________________
Title: ____________________________________________
Telephone No.: ____________________ Date: ___________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Standard Form LLL Rev. 04-28-06
Distribution: Orig- Local Agency Project Files
N/A Not
Applicable
Jean B. Fares, PE
Senior Vice President, Kimley-Horn and Associates, Inc. 213.354.9402 April 9, 2026
68 INSTRUCTIONS FOR COMPLETING EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered federal action for which lobbying activity is or has been secured to influence, the outcome of a covered federal action.
2. Identify the status of the covered federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action.
4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier.
Subawards include but are not limited to: subcontracts, subgrants, and contract awards under grants.
5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state, and zip code of the prime federal recipient. Include Congressional District, if known.
6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.
8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.
10. Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to influence the covered federal action.
11. Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml).
12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity (Item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.
13. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.
14. Check all boxes that apply. If other, specify nature.
15. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted.
16. Check whether or not a continuation sheet(s) is attached.
17. The certifying official shall sign and date the form, and print his/her name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30-minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-LLL-Instructions Rev. 06-04
38 APPENDIX C
NON‐COLLUSION AFFIDAVIT
The undersigned declares states and certifies that:
1. This Proposal is not made in the interest of, or on behalf of any undisclosed person, partnership, company, association, organization or corporation. This Proposal is genuine and not collusive or sham.
2. I have not directly or indirectly induced or solicited any other Proposer to put in a false or sham proposal and I have not directly or indirectly colluded, conspired, connived, or agreed with any other Proposer or anyone else to put in sham proposal or to refrain from submitting to this RFP.
3. I have not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price or to fix any overhead, profit or cost element of the proposal price or to secure any advantage against the City of Pico Rivera or of anyone interested in the proposed contract.
4. All statements contained in the Proposal and related documents are true.
5. I have not directly or indirectly submitted the proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay any fee to any person, corporation, partnership, company, association, organization, RFP depository, or to any member or agent thereof to effectuate a collusive or sham proposal.
6. I have not entered into any arrangement or agreement with any City of Pico Rivera public officer in connection with this proposal.
7. I understand collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards.
Signature of Authorized Representative
Name of Authorized Representative Title of Authorized Representative
Jean B. Fares, PE Senior Vice President, Kimley-Horn and Associates, Inc.
April 9, 2026
Inspector General
California Department of Transportation
Certification of Indirect Costs and Financial Management System (Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required) Consultant’s Full Legal Name:
Important: Consultant means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub-recipient of Federal assistance. Therefore, the Indirect Cost Rate(s) shall not be combined with its parent company or subsidiaries.
Indirect Cost Rate (ICR):
Combined Rate: Or
Facilities Capital Cost of Money (if applicable):
Fiscal Period:*
* Fiscal period is annual one year applicable accounting period that the ICR was developed (not the contract period). The ICR is based on the to the best of my knowledge and belief that:
• All costs included in the cost proposal to establish the ICR(s) are allowable in accordance with the cost principles of the Federal Acquisition Regulation (FAR) 48, Code of Federal Regulations (CFR), Chapter 1, Part 31 (48 CFR Part 31)
• The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31
• The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor, indirect costs, or other direct costs on all federally-funded A&E Consultant Contracts. •
I am providing the required and applicable documents as instructed on the Financial Document Review Request form.
Financial Management System:
records, and internal control adequate to demonstrate that costs claimed have been incurred, appropriately accounted for, are allocable to the contract, and comply with the federal requirements as set forth in Title 23 United States Code (U.S.C.) Section 112(b)(2); 48 CFR Part 31.201-2(d); 23 CFR, Chapter 1, Part 172.11(a)(2); and all applicable state and federal rules and regulations. • Account numbers identifying allowable direct, indirect, and unallowable cost accounts; • Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate cost accounts;
1 Kimley-Horn and Associates, Inc.
196.29 172.73
1.10 01/01/2024 - 12/31/2024
• Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; • • Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and • Ability to ensure costs are in compliance with contract terms and federal and state requirement Cost Reimbursements on Contracts:
I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Federal-Aid Highway Program (FAHP) contracts may result in possible penalties and sanctions as provided by the following:
• Sanctions and Penalties - 23 CFR Part 172.11(c)(4)
• False Claims Act - Title 31 U.S.C. Sections 3729-3733 • Statements or entries generally - Title 18 U.S.C. Section 1001 • Major Fraud Act - Title 18 U.S.C. Section 1031
All A&E Contract Information:
• Total participation amount ___________________ on all State and FAHP contracts for Architectural & • The number of states in which the consultant does business is • Years of consultant’s experience with 48 CFR Part 31 is • Cognizant ICR Audit Local Govt ICR Audit
Caltrans ICR Audit
CPA ICR Audit Federal Govt ICR Audit
I, the undersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the ICR Schedule to determine that any costs which are expressly unallowable under the Federal cost principles have been removed and comply with Title 23 U.S.C. Section 112(b)(2), 48 CFR Part 31, 23 CFR Part 172, and all applicable state and federal rules and regulations. I also certify that I understand that all documentation of compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans.
Name ** Title**:
Signature: Date:
Phone**: Email**:
establish the indirect cost rate.
Note: Both prime and subconsultants as parties of a contract must complete their own forms. Caltrans will not Audits and Investigations.
2 344,631,704.75
50 25+
Tammy Flanagan Chief Financial Officer
(919) 677-2016 [email protected]
05/09/2025
CONTACT
Ryan Calad, PE, TE
[email protected]
657.291.8815
600 South Figueroa Street, Suite 2050
Los Angeles, CA 90017
www.kimley-horn.com
EXHIBIT B
APPROVED FEE SCHEDULE
197.39% Overhead%
196.29% Overhead% w/o FCCM
Category/Title
10% Fee% Direct Rate $119.10 $101.57 $78.83 $63.55 $56.41 $48.95 $38.40 $45.13 Billing Rate $389.48 $332.15 $257.79 $207.82 $184.47 $160.08 $125.58 $147.58 Task 1 2 6 6 24 12 50 $ 11,077.31
1.1 12 12 24 $ 4,264.85
1.2 2 6 6 12 26 $ 6,812.46
Task 2 1 2 12 15 $ 2,961.45
2.1 1 2 12 15 $ 2,961.45
Task 3 7 8 8 16 16 55 $ 11,010.70
3.1 1 2 2 5 $ 1,263.37
3.2 6 6 6 16 16 50 $ 9,747.32
Task 4 5 9 10 15 55 68 162 $ 31,663.06
4.1 2 4 6 6 30 36 84 $ 16,198.10
4.2 2 3 2 5 15 20 47 $ 9,298.69
4.3 1 2 2 4 10 12 31 $ 6,166.27
Task 5 1 2 4 12 19 $ 4,298.60
5.1 1 2 4 12 19 $ 4,298.60
Task 6 1 2 8 16 27 $ 6,067.64
6.1 1 2 8 16 27 $ 6,067.64
Task 7 2 2 4 8 $ 2,011.17
7.1 2 2 4 8 $ 2,011.17
Task 8 2 4 4 10 $ 2,433.35
8.1 2 4 4 10 $ 2,433.35
Task 9 2 2 2 4 8 18 $ 3,338.01
9.1 2 2 2 4 8 18 $ 3,338.01
9 33 44 55 119 68 24 12 364
$3,505.32 $10,961.06 $11,342.72 $11,430.13 $21,952.10 $10,885.15 $3,013.81 $1,771.00 $ 74,861.29 $ 5,090.00
$ 290.00
$ 4,800.00
$ 79,951.29
City of Pico Rivera
HSIP Cycle 12 Pedestrian School Crossings, CIP No. 50127, HSIPL-5351(048) Kimley-Horn and Associates, Inc.
Project
Support
TOTAL
HOURS TOTAL COST
Analyst I Technical
Support
Project Management
Project Administration
Project Meetings (Up to 6)
Professional II Professional I Analyst II Sr.
Professional I
Sr.
Professional II
Agency and Utility Coordination
Agency and Utility Coordination
Preliminary Engineering
Design Survey
Records Research and Field Reviews
Final Engineering
75% Plans
90% Plans
100% Plans
Cost Estimates
Cost Estimates
Specifications
Specifications
Project Advertisement Services
Project Advertisement Services
On Point Land Surveying, Inc.
Construction Support Services
Construction Support Services
Prepare Record Drawings (As-builts)
Prepare Record Drawings (As-builts)
TOTAL HOURS
Subtotal Labor:
Other Direct Costs
Travel/Mileage
TOTAL COST:
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 CITY’s Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.
B. CONSULTANT’s Project Manager shall meet with CITY’s Contract Administrator, as needed, to discuss progress on the AGREEMENT.
ARTICLE 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 $79,951.29. 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
A. 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. Any substitution of Subconsultants must be approved in writing by the CITY Contract Administrator in advance of assigning work to a substitute Subconsultant.
E. 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.
CONSULTANT must submit Exhibit 9-P to the CITY 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 CITY must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfalls to the DBE commitment and prompt payment issues until the end of the project. The CITY 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.
F. 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 § 11102.
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.
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)
A. CONSULTANT, or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26).
In accordance with 49 CFR 26.13(b):
CONSULTANT, 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; and/or
(3) Disqualifying CONSULTANT from future proposing as non-responsible 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 CITY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or 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. CITY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.
ARTICLE XVIII. 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 CITY’s Contract Administrator.
C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by CITY’s Contract Administrator.
ARTICLE XIX. 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 XX. 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 CITY’s Contract Administrator and Director of Public Works, who may consider written or verbal information submitted by CONSULTANT.
B. Not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review by CITY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.
C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.
ARTICLE XXI. INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit CITY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.
ARTICLE XXII. 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 CITY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.
B. Pursuant to the authority contained in Vehicle Code §591, CITY has determined that such areas are within the limits of the project and are open to public traffic.
CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.
ARTICLE XXIII. OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of City, and CONSULTANT shall have no property right therein whatsoever. Immediately upon termination, City shall be entitled to, and CONSULTANT shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to City which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by City.
B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.
C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract. Any reuse by City for another project or project location shall be at City’s sole risk.
D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts).
E. CITY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.
ARTICLE XXIV. CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION
CONTRACTOR
A. If claims are filed by CITY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with CITY’s construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.
B. CONSULTANT’s personnel that LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from CITY. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.
C. Services of CONSULTANT’s personnel in connection with CITY’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.
ARTICLE XXV. CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to CITY’s operations, which are designated confidential by CITY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.
B. Permission to disclose information on one occasion, or public hearing held by CITY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.
C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or CITY’s actions on the same, except to CITY’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.
D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by CITY, and receipt of LOCAL CITY’s written permission.
E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.
F. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than CITY, Caltrans, and/or FHWA. All of the materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, City has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.
ARTICLE XXVI. 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 XXVII. EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by CITY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.
CONSULTANT must submit Exhibit 9-P to the CITY 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 CITY must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfalls to the DBE commitment and prompt payment issues until the end of the project. The CITY 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 XXVIII. 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).
To: Mayor and City Council
From: City Manager
Meeting Date: July 14, 2026
Subject: PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES FOR HSIP CYCLE 12 TRAFFIC SIGNAL AND MEDIAN
ISLAND IMPROVEMENTS CIP NO. 50128, HSIPL-5351(049)
Recommendation:
1. Award a Professional Services Agreement to TJKM Transportation Consultants, Inc. to provide engineering services for the Highway Safety Improvement Program (HSIP) Cycle 12 Traffic Signal and Median Island Improvements (Project), CIP No. 50128, HSIP-5351(049), for an amount not-to-exceed $319,820 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-to-exceed a contingency amount of $32,000 (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) 2026-27 Adopted Budget includes $1,899,090 in HSIP federal grant (Fund 698), Account No. 698.70.7300-54500-CIP50128 and $311,010 in Measure M funds (Fund 208) in Account No. 208.70.7300.54500-CIP50128. The total project budget is $2,210,100, which includes design, construction and project management. There is no fiscal impact to the General Fund.
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CITY COUNCIL AGENDA REPORT – MEETING OF JULY 14, 2026
PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES FOR HSIP CYLE 12 TRAFFIC SIGNAL AND MEDIAN ISLAND IMPROVEMENTS CIP NO. 50128, HSIPL-5351(049)
Discussion:
In September 2025, the Public Works Department was awarded a federal grant under the Federal HSIP Cycle 12 to improve traffic safety at various City signalized intersections.
The project will enhance safety at ten existing signalized intersections by upgrading the existing signal hardware and striping at the following intersections:
1. Paramount Boulevard at Beverly Road
2. Paramount Boulevard at Slauson Avenue
3. Rosemead Boulevard at Beverly Boulevard
4. Rosemead Boulevard at Coffman-Pico Road
5. Rosemead Boulevard at Havenwood Street
6. Rosemead Boulevard at Mines Avenue
7. Rosemead Boulevard at Olympic Boulevard
8. Rosemead Boulevard at Rex Road
9. Rosemead Boulevard at Washington Boulevard
10. Slauson Avenue at Passons Boulevard
Additionally, the project will also construct a raised center median and improve street lighting on Paramount Boulevard from Washington Boulevard to Unser Street, including the construction of a new traffic signal at the intersection of Paramount Boulevard and Unser Street. The goal of the project is to reduce collisions and improve traffic safety.
Professional services from an engineering consultant are necessary to begin the design phase. The design phase consists of the development of plans, specifications, and estimates. On February 5, 2026, the City of Pico Rivera (City) issued a Request for Proposals through its electronic procurement website, PlanetBids. Five (5) proposals were received on March 12, 2026. Services requested consist of preliminary and final engineering, conceptual renderings, environmental documentation, surveying, utility coordination, 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. TJKM Transportation Consultants received the highest ranking from the panel.
No. Company Name
1 TJKM Transportation Consultants
2 Kimley-Horn and Associates, Inc.
3 BKF Engineers
4 Willdan
5 Minagar & Associates, Inc.
CITY COUNCIL AGENDA REPORT – MEETING OF JULY 14, 2026
PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES FOR HSIP CYLE 12 TRAFFIC SIGNAL AND MEDIAN ISLAND IMPROVEMENTS CIP NO. 50128, HSIPL-5351(049)
Engineering services funded by HSIP 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 TJKM Transportation Consultants complies with this federal grant requirement. The City negotiated a fee of $319,820 with TJKM Transportation Consultants, deemed reasonable for the scope of services.
The total project budget and estimated expenditures are summarized as follows:
Budget Funding Estimated Budget
HSIP Federal Funds (Fund 698) FY 26-27 $1,899,090
Measure M (Fund 208) FY 26-27 $311,010
Total Estimated Project Cost: $2,210,100
Expenditure Plan Amount
Design $319,820
Construction $1,811,100
Project Management and Staff Time $79,180
Total Estimated Project Cost $2,210,100
Development and completion of plans, specifications, and estimates is anticipated by December 2027.
Conclusion:
Staff recommend awarding a professional services agreement to TJKM Transportation Consultants to provide engineering services for HSIP Cycle 12 – Traffic Signal and Median Island Improvements, CIP No. 50128, HSIP-5351(049) for an amount not-toexceed $319,820 and authorization to the City Manager or designee to process change orders, as needed, in an amount not-to-exceed $32,000 (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
TJKM TRANSPORTATION CONSULTANTS
1. IDENTIFICATION
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Pico Rivera, a California municipal corporation (“City”) and TJKM Transportation Consultants, (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as a “Party” and collectively referred to as “Parties.”
2. RECITALS
2.1 City has determined that it requires professional services from a consultant to provide engineering services for the HSIP Cycle 12 Traffic Signal and Median Island Improvements, CIP No. 50128, HSIP-5351(049).
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 March 12, 2026 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 March 12, 2026 proposal to City attached hereto as Exhibit “B.”
3.3 “Commencement Date”: July 14, 2026
3.4 “Expiration Date”: December 31, 2029
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
13a
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Professional Services Agreement
TJKM TRANSPORTATION CONSULTANTS
5. CONSULTANT’S SERVICES
5.1 Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the Parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In no event shall the total compensation and costs payable to Consultant under this Agreement exceed the sum of, Three Hundred Nineteen Thousand Eight Hundred Twenty Dollars ($319,820) unless specifically approved in advance, in writing, by City.
5.2 Consultant shall perform all work to the highest professional standards of Consultant’s profession and in a manner reasonably satisfactory to City.
6. COMPENSATION
6.1 City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept in full satisfaction for such services, payment in accordance with the Approved Fee Schedule.
6.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within ten (10) business days of receipt of each invoice, City shall notify Consultant in writing of any disputed amounts included on the invoice. Within thirty (30) calendar days of receipt of each invoice, City shall pay all undisputed amounts included on the invoice. City shall not withhold applicable taxes or other authorized deductions from payments made to Consultant.
6.3 Payments for any services requested in writing by City and not included in the Scope of Services shall be made to Consultant by City on a time-and-materials basis using Consultant’s standard fee schedule. Fees for such additional services shall be paid within sixty (60) days of the date Consultant issues an invoice to City for such services.
7. BUSINESS LICENSE
Consultant shall obtain a City business license prior to commencing performance under this Agreement.
8. COMPLIANCE WITH LAWS
Consultant shall keep informed of State, Federal and Local laws, ordinances, codes and regulations that in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Consultant shall at all times Professional Services Agreement
TJKM TRANSPORTATION CONSULTANTS
comply with such laws, ordinances, codes and regulations. Without limiting the generality of the foregoing, if Consultant is an out-of-state corporation or LLC, it must be qualified and registered to do business in the State of California pursuant to sections 2105 and 17708.02 of the California Corporations Code. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.
9. CONFLICT OF INTEREST
Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if both: (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute; and (ii) City has not consented in writing prior to Consultant’s performance of such work.
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. Ruta Jariwala, 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
TJKM TRANSPORTATION CONSULTANTS
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
TJKM TRANSPORTATION CONSULTANTS
14. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES
No official or employee of the City shall be personally liable to Consultant in the event of any default or breach by City, or for any amount which may become due to Consultant.
15. INDEMNIFICATION
15.1 The Parties agree that City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to City. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to indemnify and protect City as set forth herein. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
15.2 To the full extent permitted by law, Consultant shall indemnify, hold harmless and defend City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from or arising out of any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant or any of its officers, employees, servants, agents, or subconsultants in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice and expert witness fees and consultant fees. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
15.3 City shall have the right to offset against the amount of any compensation due Consultant under this Agreement any amount due City from Consultant as a result of Consultant’s failure to pay City promptly any indemnification arising under this Section 15 or related to Consultant’s failure to either: (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.
15.4 The obligations of Consultant under this Section 15 will not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives Professional Services Agreement
TJKM TRANSPORTATION CONSULTANTS
its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
15.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 15 from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible and indemnify, hold harmless and defend City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from or arising out of any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subconsultants or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice and expert witness fees and consultant fees.
15.6 City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
15.7 PERS ELIGIBILITY INDEMNITY. In the event that Consultant or any employee, agent, or subconsultant of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subconsultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
Professional Services Agreement
TJKM TRANSPORTATION CONSULTANTS
16. INSURANCE
16.1 During the term of this Agreement, Consultant shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Consultant’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
16.1.1 Comprehensive general liability, and Umbrella or Excess Liability Insurance covering all operations by or on behalf of Consultant providing insurance for bodily injury liability and property damage liability for the following and including coverage for:
16.1.1.1 Premises, operations, and mobile equipment
16.1.1.2 Products and completed operations
16.1.1.3 Broad form property damage (including completed operations)
16.1.1.4 Explosion, collapse, and underground hazards
16.1.1.5 Personal Injury
16.1.1.6 Contractual liability
in the amount of One Million Dollars ($1,000,000) per occurrence combined single limit; Two Million Dollars ($2,000,000) aggregate for products/completed operation; Two Million Dollars ($2,000,000) general aggregate (General aggregate must apply separately to Consultant’s work under this Agreement.); and Five Million Dollars ($5,000,000) umbrella or excess liability.
16.1.2 Automobile Liability Insurance for owned, hired and non-owned vehicles utilized by Consultant, its employees or subconsultants, in the amount of One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
16.1.3 Worker’s Compensation Insurance as required by the laws of the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One Million Dollars ($1,000,000) per accident for bodily injury or disease.
16.1.4 Professional Liability Insurance against errors and omissions in the performance of the work under this Agreement with coverage limits of not less than One Million Dollars ($1,000,000) per occurrence of claim/ Two Million Dollars ($2,000,000) in the aggregate.
Professional Services Agreement
TJKM TRANSPORTATION CONSULTANTS
16.2 Consultant shall require each of its subconsultants, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.
16.3 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide.
16.4 Consultant agrees that if it does not keep the aforesaid insurance in full force and effect City may either: (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.
16.5 At all times during the term of this Agreement, Consultant shall maintain on file with City’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and, for the general liability and automobile liability policies, naming the City as an additional insured. Consultant shall, prior to commencement of work under this Agreement, file with City’s Risk Manager such certificate(s).
16.6 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall provide such proof to City at least two weeks prior to the expiration of the coverages.
16.7 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to City. Consultant agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
16.8 The general liability and automobile policies of insurance provided by Consultant shall be primary to any coverage available to City. Any insurance or selfinsurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
16.9 All insurance coverage provided pursuant to this Agreement shall not prohibit Consultant, and Consultant’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against the City.
16.10 Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.
Professional Services Agreement
TJKM TRANSPORTATION CONSULTANTS
16.11 Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duties to indemnify, hold harmless and defend under Section 15 of this Agreement.
16.12 If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
17. MUTUAL COOPERATION
17.1 City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available to City for the proper performance of Consultant’s services under this Agreement.
17.2 In the event any claim or action is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require.
18. RECORDS AND INSPECTIONS
Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three years after the expiration or termination of this Agreement. City shall have the right to access and examine such records, without charge, during normal business hours. City shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
19. PERMITS AND APPROVALS
Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary in the performance of this Agreement. This includes, but shall not be limited to, encroachment permits and building and safety permits and inspections.
20. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile, email, or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the Parties may, from time to time, designate in writing).
Professional Services Agreement
TJKM TRANSPORTATION CONSULTANTS
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
Nayan Amin, TE, President
TJKM Transportation Consultants
4305 Hacienda Dr., Suite 550
Pleasanton, California, 94588
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.
Professional Services Agreement
TJKM TRANSPORTATION CONSULTANTS