Pico Rivera City Council
July 14, 2026

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

TJKM TRANSPORTATION CONSULTANTS

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

TJKM TRANSPORTATION CONSULTANTS

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

TJKM TRANSPORTATION CONSULTANTS

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 TJKM TRANSPORTATION CONSULANTS
______________________________ ___________________________________ Steve Carmona, City Manager Nayan Amin, President
Dated: ________________________ Dated: _____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ ___________________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney

EXHIBIT A

SCOPE OF SERVICES

PROPOSAL FOR

ENGINEERING SERVICES

FOR HSIP CYCLE
12 TRAFFIC SIGNAL AND MEDIAN

ISLAND IMPROVEMENTS
MARCH 12, 2026
CALIFORNIA | FLORIDA | TEXAS
Corporate Office 4305 Hacienda Drive, Suite 550, Pleasanton, CA 94588 925.463.0611 www.TJKM.com
January 30, 2025
Noe Negrete, PE
Director of Public Works
City of Pico Rivera
6615 Passons Boulevard
Pico Rivera, CA 90660
Subject: Proposal for Engineering Services for HSIP CYCLE 12 Traffic Signal and Median Island Improvements, CIP NO. 50128, HSIP-5351(049)
Dear Mr. Negrete:

TJKM Transportation Consultants (TJKM) is pleased to submit our Proposal for Engineering Services for HSIP CYCLE 12 Traffic Signal and Median Island Improvements, CIP NO. 50128, HSIP-5351(049) to the City of Pico Rivera.

TJKM, founded in 1974, is a traffic engineering, transportation planning, and traffic operations firm providing services throughout California, Florida, and Texas. The TJKM Team is spread out amongst seven offices. Our projects range in size from short-term engagements developing meaningful mobility solutions for a wide range of transportation issues; to long-term planning for new developments, communities, and transportation systems. TJKM has been involved in more than 10,000 transportation projects and averages over 250 new projects each year. TJKM has completed numerous projects with similar scope and Highway Safety Improvements Program (HSIP) funding throughout California and is familiar with the requirements of HSIP funded projects. We have completed similar work for the cities of Palm Desert, Alhambra, Citrus Heights, Dinuba, Pittsburg, Concord, Modesto, Manteca, Stockton, and Mountain View. As a result, TJKM is confident we can meet the City’s goals and objectives and help deliver a successful project on time and within budget.

Subconsultants
TJKM has teamed with Siegfried Engineering and David J. Powers & Associates.

Siegfried will assist our team with the topographic survey and utility research, design PS&E, and bid/construction support tasks.

Siegfried Engineering 3428 Brookside Road, Stockton, CA 95219. Contact is Adam Merrill, 209.943.2021, [email protected].

David J. Powers & Associates will assist our team with the environmental clearance task.

DJP&A 1736 Franklin, Suite 400, Oakland, CA 94612. Contact is Will Burns, 510.902.5850, [email protected].

Project Team
We have assembled a dedicated team of in-house experts who have demonstrated capabilities to meet the technical, managerial, and schedule challenges to be encountered on this project. To meet the specific needs of the City we propose a fully integrated team with myself, Mr. Nayan Amin, TE as Principal-In-Charge. We have included Ms. Ruta Jariwala, PE, TE as Project Manager and Mr. Rutvij Patel as Deputy Project Manager.

I bring to the team 36 years of both public and private sector experience in the areas of transportation planning, construction scheduling, construction area signs, signing and striping, traffic signal coordination, traffic operations, traffic signal systems, and intelligent transportation systems. I have worked on HSIP projects for cities including Palm Desert, Citrus Heights, Modesto, Pittsburg, and Concord.

Mr. Negrete
March 12, 2026

Your proposed Project Manager, Ms. Jariwala has 26 years of experience in the areas of signal coordination, traffic signal systems, traffic operations, transportation planning, intelligent transportation systems, and traffic impact studies.

She has worked on HSIP projects for the cities of Citrus Heights, Palm Desert, Modesto, Pittsburg, and Concord. Ms.

Jariwala has worked on various projects for the City of Pico Rivera including HSIP Grant Applications, HSIP Cycle 11 School Crossing Safety Enhancements, the Local Roadway Safety Plan, and Citywide Comprehensive Safety Action Plan.

Your proposed Deputy Project Manager, Mr. Patel has 19 years of experience in transportation/traffic engineering and design. He has managed design Plans, Specifications, and Estimate packages on various electrical design projects that include traffic signals, and intelligent transportation system design plans, as well as the preparation of street lighting, traffic handling, signage, and striping plans. Mr. Patel has worked with various jurisdictions in California and is very familiar with the different standards and requirements. This knowledge leads to minimal need for plan check comments during the design phase. He meets with clients for comment review meetings, assists cities on answering contractor Requests for Information on design work, and meets with clients on-site to resolve any design questions during construction. Mr. Patel brings a wealth of knowledge to the City, having worked on similar projects in the cities of Palm Desert, Alhambra, Citrus Heights, Dinuba, Stockton, Mountain View, Modesto, Manteca, Pittsburg, and Concord. He has also worked on various projects for the City of Pico Rivera including HSIP Grant Applications, HSIP Cycle 11 School Crossing Safety Enhancements, the Local Roadway Safety Plan, and Citywide Comprehensive Safety Action Plan.

Statements
This proposal and cost shall remain valid for a minimum of 90 days from the date of submittal.

TJKM is not in receipt of any addenda only Q&A.

The information submitted with this Proposal is true and correct.

Our Federal Tax ID # is 94-2239515.

Commitment
As President of the firm, I am authorized to bind TJKM to a contract and you have my personal assurance that all the resources necessary to address the City’s needs will be made available. I can be reached at (408) 410-2977 or [email protected]. During the submittal process, please contact Ms. Jariwala at (408) 421-0768 or [email protected].

The TJKM corporate office is located at 4305 Hacienda Drive, Suite 550, Pleasanton, CA 94588, (925) 463-0611.

We look forward to the opportunity to answer any questions regarding our Proposal. Thank you for considering TJKM.

Sincerely,
TJKM Transportation Consultants
Nayan Amin, TE – President
Engineering Services for HSIP CYCLE 12 Traffic Signal and Median Island Improvements CIP NO. 50128, HSIP-5351(049 | i

CONTENTS
B. Qualifications of the Firm......................................................................................................................................................................2 Firm Profile.............................................................................................................................................................................................2 Financial Condition ...............................................................................................................................................................................5 Consultant and Subconsultant Relationship......................................................................................................................................6 Strength and Stability............................................................................................................................................................................6 C. Proposed Staffing .................................................................................................................................................................................8 TJKM Team...........................................................................................................................................................................................8 Key Personnel Qualifications and Experience...................................................................................................................................8 Key Staff Resumes...............................................................................................................................................................................9 D. Consultants and/or Sub-consultants.................................................................................................................................................10 E. Work Approach....................................................................................................................................................................................11 Project Understanding........................................................................................................................................................................11 Approach..............................................................................................................................................................................................12 Work Plan ............................................................................................................................................................................................12 Schedule..............................................................................................................................................................................................18 F. Client References................................................................................................................................................................................19 G. Rights to Materials..............................................................................................................................................................................21 H. Fee Proposal.......................................................................................................................................................................................22 Appendices
Appendix A Key Staff Resumes
Appendix B Required Forms
Engineering Services for HSIP CYCLE 12 Traffic Signal and Median Island Improvements CIP NO. 50128, HSIP-5351(049 | 1
TJKM Transportation Consultants (TJKM) is pleased to submit our Proposal for Engineering Services for HSIP CYCLE 12 Traffic Signal and Median Island Improvements, CIP NO. 50128, HSIP-5351(049) to the City of Pico Rivera.

Summary of Proposal Elements
Below, we address each evaluation criterion outlined in the Request for Proposals (RFP) and highlight key elements of our proposal and where to find the supporting information.

Evaluation Criteria Summary/Key Proposal Characteristics Location in Proposal
Understanding of work
to be done
TJKM has conducted a comprehensive review of the project improvements identified in the Request for Proposal, along with the HSIP application and the Paramount Boulevard Study, to gain a thorough understanding of the requirements associated with the proposed median installation. Through this review, TJKM has identified several preliminary observations regarding existing project conditions and will discuss these findings in greater detail with the client at the outset of the project.

See page 11
Experience with similar
kinds of work
TJKM has extensive experience working on transportation projects that involve signal improvements, curb ramp, and median improvements. TJKM will provide insights on challenges to identify early in design with solutions to minimize issues during construction.

See page 19
Quality of staff for work
to be done
TJKM has teamed up with Siegfried for their extensive experience with landscape design and civil improvements along with David J. Powers & Associates who specialize in environmental documentation process to get this project smoothly through National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA) clearance.

See page 8
Capability of developing
innovative or advanced
techniques
TJKM will maintain a live project coordination log that includes meeting agendas, action items, and coordination tracking with power companies, City staff, utility companies, and stakeholders.

This tool allows the team to identify schedule risks early and address them before they impact project delivery. We have done this previously with City of Pico Rivera and it helps with on-going project tracking and schedule in line.

See page 12
Familiarity with state
and local procedures
TJKM has extensive experience writing the HSIP grants and also executing them once the preliminary engineering funds are allocated.

TJKM will work closely with city staff and Caltrans Local Assistance to follow grant requirements to ensure all work items are within the allocated budget. This will reduce Caltrans review times and approval of the project improvements.

See page 5
Financial responsibility Since our founding over 50 years ago, TJKM has maintained more than $8 million in annual revenue and strong cash flow, demonstrating the firm’s long-term financial stability and commitment to continuing to serve our clients well into the future.

See page 5
Demonstrated
Technical Ability
TJKM has extensive experience in transportation infrastructure projects as they are related to signal improvements, and we have teamed up with Siegfried for their extensive experience in landscape and civil design. Together we bring a wealth of knowledge to the City.

See page 19

QUALIFICATION

OF THE FIRM
Engineering Services for HSIP CYCLE 12 Traffic Signal and Median Island Improvements CIP NO. 50128, HSIP-5351(049 | 2
B. QUALIFICATIONS OF THE FIRM
Firm Profile
TJKM Transportation Consultants. (TJKM), a C-Corporation founded in 1974, is a transportation planning, traffic engineering, and traffic operations firm that provides professional services locally in California, Texas, and Florida. TJKM currently has a staff of 40 employees with offices in Pleasanton, Fresno, San Jose, Sacramento, and Santa Rosa, CA; Austin, TX; and Tampa, FL.

We serve a full range of clients, including municipalities, congestion management agencies, Metropolitan Planning Organizations, transportation agencies, private developers, other consulting firms, and attorneys.

Our planners and engineers have worked on the public side of the desk for years as municipal engineers, developing superior skills in collaborating with the public and city councils and, more importantly, crafting excellent relationships with the right people.

We have hands-on experience and understand the latest requirements, technologies, trends, and standards. Our experience with local agency processes keeps projects moving forward as planned, and our expertise from thousands of engagements helps us complete projects within budget.

Our motivation comes from satisfying clients’ objectives and improving communities.

Our goal is to provide the most cost-effective implementable solutions that meet the unique needs of each client while keeping within budget and on schedule. We are professionals with a passion for safe and sustainable transportation – fully committed to the highest client satisfaction.

TJKM is a Disadvantaged Business Enterprise (DBE) #40772 and Small Business Enterprise (SBE) #38780.

WE KNOW PICO RIVERA
TJKM has been working with the City of Pico Rivera for the last couple of years. Due to our recent work, we are familiar with the policies and procedures and are ready to hit the ground running.

TJKM has worked with the City on the following projects.

Citywide Comprehensive Safety Action Plan
The TJKM Team is assisting the city to developing the Citywide Comprehensive Safety Action Plan (CSAP) by taking a holistic approach. We will develop the CSAP designed to enhance the transportation network to significantly reduce or eliminate roadway fatalities and serious injuries as envisioned by the City of Pico Rivera. The CSAP developed by us will focus on all users, including pedestrians, bicyclists, public transportation users, motorists, individuals with disabilities, and commercial vehicle operators. We will apply our extensive experience creating a CSAP that fosters strategic partnerships, coordinates and equitably engages the community and key stakeholders, and identify actions that are effective and implementable. The CSAP will serve as the foundation for achieving zero traffic deaths and severe injuries in the City of Pico Rivera. The TJKM Team offers uniquely experienced staff to provide tools, Engineering Services for HSIP CYCLE 12 Traffic Signal and Median Island Improvements CIP NO. 50128, HSIP-5351(049 | 3
coordination, engagement, documentation, and recommendations to bring about a meaningful CSAP that will enable the City of Pico Rivera to continue momentous safety and mobility efforts and compete for future federal, state, and local capital grants.

Local Road Safety Plan
The City’s Local Road Safety Plan was a comprehensive plan that created a framework to systematically identify and analyze traffic safety related issues and recommend projects and countermeasures. It aims to reduce killed and severely Injuries (KSI) collisions through a prioritized list of improvements that can enhance safety on local roadways. This document summarizes an analysis of collisions that occurred in Pico Rivera, identifies high-injury locations, and recommends countermeasures at each of these high-risk locations. A set of six safety projects were created for the high-risk intersections and roadway segments. The federal grant funding ($5 million) was awarded to two of these safety projects through the Highway Safety Improvement Program in March 2023.

HSIP Grant Applications
TJKM prepared and provided two HSIP Cycle 12 Grant Applications, one 'competitive' and one 'set-aside’.

School Crossing Safety Enhancements
TJKM met with the City to go over existing information and discuss insight the City has into the overall HSIP award and field conditions at each location. TJKM is preparing Plans, Specifications, and Estimates for Rectangular Rapid Flashing Beacons (RRFBs) and Light-Emitting Diode (LED) enhanced stop signs as well as providing utility coordination and reviewing existing conditions. Assist the City once the package is out to bid and continue to provide support during construction until the project closes out.

EXPERTISE
Highway Safety Improvement Program
TJKM has extensive experience collaborating with public agencies to secure grant funding through the Highway Safety Improvement Program (HSIP). The firm has supported jurisdictions through both Local Road Safety Plans (LRSP) and SS4A initiatives to identify eligible safety projects and prepare competitive HSIP grant applications.

TJKM has partnered with the City of Pico Rivera on the development of several HSIP applications and has successfully helped the City secure funding for multiple projects in recent grant cycles. In addition to grant preparation, TJKM has significant experience delivering HSIP-funded design projects throughout the State of California.

TJKM’s design experience for HSIP projects include signal improvements, pedestrian crossing enhancements, High-Intensity Activated Crosswalk (HAWK) signals, as well as civil, landscape, signage, and striping improvements.

TJKM has assisted our clients with preparing and submitting HSIP grant applications over the last few years and of these, 95% were funded, totaling over $150 million. The graphic below highlights our design experience as it relates to HSIP Projects Engineering Services for HSIP CYCLE 12 Traffic Signal and Median Island Improvements CIP NO. 50128, HSIP-5351(049 | 4
Traffic Signal Design and Construction Support
TJKM has designed more than 3,000 signals in 200 jurisdictions in California. Our staff prepare Plans, Specifications, and Estimates (PS&E)for new/modified signal systems and pavement delineation that enhances capacity and safety. TJKM’s design process includes a detailed site investigation to verify existing items such as: lane geometry, sight distance issues, signal poles, controller cabinets, service pedestals, pull boxes, conduits, street lighting circuits, and other information. Due to the site investigation, our staff has hands-on experience and an extensive track record of successfully delivering constructible design projects.

Our team is dedicated to providing high quality and accurate PS&E. Many of our signal design projects require design for interconnect and coordination that include fiber optic, copper wire, and wireless communications. Due to the evolving environment of signal design and traffic monitoring, the TJKM Team is very familiar with modifying and installing news signals with surveillance cameras, video detection systems, and wireless devices to support Adaptive Traffic Control Systems, Automated Traffic Signal Performance Measure, and Connected Vehicle applications. TJKM’s staff routinely provides construction assistance for our design projects, including traffic calming devices and traffic signal systems. We attend pre-bid and pre-construction conferences to provide in-field assistance and work effectively with contractors. TJKM also designs traffic/construction zone control plans that show how traffic will be handled during construction periods.

PS&E Preparation
TJKM, as part of our services, offers design PS&E for both public agencies and private developments. We bring a wealth of knowledge in preparing PS&E for projects involving communication systems, traffic signals, lighted crosswalks, detection systems, and other various transportation infrastructure projects. On these projects, we inventory existing conditions, develop base maps, and prepare 75%, 90%, and 100% PS&E submittals. After the preliminary design (usually 35%), the rest of the submittal specifications will be prepared leading to high-quality construction ready PS&E. TJKM also designs traffic/construction zone control plans that show how traffic will be handled during construction periods. TJKM’s staff routinely provides construction assistance including bid support, construction support, attending pre-bid and pre-construction conferences to provide in-field assistance, responding to Requests for Information, reviewing submittals, providing record drawings, and any other services required during the bidding process and construction.

Street Lighting Improvements
TJKM has completed streetlight design as part of larger roadway projects and as standalone plans. We have successfully delivered comprehensive electronic streetlight databases that enable our clients to meet Federal Highway Administration requirements. In addition, TJKM provides plan check services to ensu re street lighting design plans comply with local jurisdiction standards. Our experience includes reviewing existing lighting conditions, designing improvement plans and specifications, and preparing detailed implementation plans as needed.

TJKM will conduct a detailed site visit to inventory existing street lighting conditions and determine the level of coordination required with the power provider and California Department of Transportation (Caltrans) L for new equipment and service points to energize the system. At the City’s request, TJKM can take the lead in coordinating with the power provider and preparing the necessary permits. After collecting field data, we will evaluate the findings and proceed with developing the PS&E. Following completion of the base maps, we will prepare the preliminary design, which will include all necessary details for integrating the new streetlights into the existing infrastructure. TJKM will also assist the City with using the inventory to seek grant funding opportunities for upgrading the existing street lighting and install new streetlighting.

Also, a database is developed that enables maintenance staff to query groups for inspection, generate work orders, develop monthly maintenance inspection lists, and execute a replacement plan. Queries can also be made via ArcMap Geographic Information Systems software and Microsoft Access and Excel.

Signing and Striping
TJKM has developed signing and striping plans for thousands of projects for public agencies and private developments. The projects range from restriping for existing conditions to major roadway improvements such as roadway widenings and narrowing’s, new signalized intersections, painted medians, enhanced crosswalks, addition of bike lanes and changes to onstreet parking configurations. Our striping and signing plans confirm to all city requirements, public works standards and latest industry practices as adopted by MUTCD, Caltrans, AASHTO and NACTO.

Engineering Services for HSIP CYCLE 12 Traffic Signal and Median Island Improvements CIP NO. 50128, HSIP-5351(049 | 5
Roadway Geometry
TJKM brings extensive expertise in conceptual designs and preparation of PS&E packages for roadway infrastructure improvements. Our roadway design experience includes a very wide variety of projects relevant to street widening, concrete medians, sidewalks and bulb-outs, traffic signals and streetlights, speed feedback signs, intersection lighting, bike/ped infrastructure and traffic calming devices. We utilize current standards and practices as identified by Caltrans, ITE, AASHTOand NACTO manuals, and utilize state of the art design software. For every roadway design, our highest priority has always been safety and accessibility for all users.

Americans with Disabilities Act (ADA) Improvements
TJKM has extensive experience working on intersection improvements projects through our work for safety projects at unsignalized and signalized intersections. The projects typically involve traffic calming improvements such as improved curb ramps, bulb-outs and other features to enhance pedestrian walkability and safety. While we develop these solutions, we are keenly aware of the special needs of people with disabilities and the compliance needed with state and federal ADA regulations including the 2010 Americans with Disabilities Act (ADA) Standards for Accessible Design. The end result/plans are typically a prioritized list of feasible alternatives for local agency selection.

Field Work
TJKM’s services include field data collection and surveys. Prior to initiating actual field data collection, TJKM will review each intersection with City staff to ensure there is complete agreement on the improvements and identify any work that is completed by maintenance or other projects at our project locations. TJKM will also assist in contacting the relevant utility companies to map out existing underground and utilities to avoid complications during construction of underground foundations, pull boxes, and conduits. TJKM will also conduct potholing to determine new pole locations. This will be done around the 60% submittal when pole locations are agreed upon. Based on the finding from the potholing, TJKM will locate the poles outside of utility easement to reduce utility conflicts during construction. In Addition, many of our engineers and technicians collect field data and by observing traffic conditions personally, an engineer or project manager can then determine some of the more effective strategies that will actually work to improve operations rather than what may sound good on paper.

Experience with Local, State, and Federally Procedures and Processes Many of TJKM’s projects include state and federal Highway Safety Improvement Program (HSIP), Active Transportation Program (ATP) funds, Congestion Mitigation and Air Quality, and Section 130 funding. These projects required coordination with Caltrans Local Assistance Program for E-76 permit approval. The level of TJKM’s involvement has varied depending on the client’s needs. On some of these projects, TJKM has assisted the local agency with the completion of the Request for Authorization to Proceed package to Caltrans Local Assistance for Preliminary Engineering, NEPA clearance, and E-76 permit authorization for construction funds. We are familiar with the processes used to satisfy a variety of funding sources and will draw upon our background and extensive experience to satisfy all City, State, and Federal policies and procedures.

Financial Condition
TJKM was founded in 1974 and since then has been providing professional services to its clients, with more than $8 million in annual revenue and strong cash flow. As demonstrated in the following sections of this Proposal, the TJKM Team provides unmatched depth and breadth of human, technological, and financially stable resources to provide the technical expertise for this project.

TJKM does not have any conditions (e.g., bankruptcy, pending litigation, outstanding claims in excess of $25,000) for or against the firm; planned office closures or mergers that may impede Consultant’s ability to provide on-call engineering and professional consulting services.

Engineering Services for HSIP CYCLE 12 Traffic Signal and Median Island Improvements CIP NO. 50128, HSIP-5351(049 | 6
Consultant and Subconsultant Relationship
Below is a list of previous projects in which TJKM has worked with Siegfried. • Middlefield Road Complete Streets, Mountain View
• Mountain View Community Center Signal and Leland Avenue/Rengstorff Avenue Signal Modification, Mountain View • Traffic Signal Modifications at Central Expressway and Castro Street/Moffett Boulevard, Mountain View • Grant Road and Phyliss Avenue/Martens Avenue Signal Modification, Mountain View • Traffic Signal at Mathilda Avenue and Indio Avenue, Sunnyvale • Traffic Signal Reconstruction at Four Locations, Sunnyvale • Homestead Road at Homestead High School Pedestrian and Bicycle Improvements, Sunnyvale • East Sunnyvale Area Sense of Place, Sunnyvale
• Traffic Signal Hardware and Wiring, Sunnyvale
• Traffic Signal Upgrades, Sunnyvale
• On-Call for Various Projects, Sunnyvale
• Various Signalized Intersection Safety Improvements Project, Citrus Heights • Marin-Curtis Safe Routes to Schools Pedestrian Improvements, Albany • Hunter Street Road Diet, Stockton
• Miner Avenue Complete Streets, Stockton
• 6500 Monterey Road Design for HAWK Signal, Gilroy
Strength and Stability
During the last five decades, hundreds of public and private sector clients nationwide have benefited from our outstanding technical expertise, innovative yet practical solutions, and peerless client services. With diverse technical specialties, we are large enough to deliver a full range of services, from planning and analysis to implementation. Yet, we are small enough to foster meaningful partnerships and develop a solid understanding of the unique needs of each of our clients. Our strength and stability are due to a large percentage of TJKM’s clients being repeat clients or referrals from our clients, which is a testament to the care and concern we genuinely have for the success of their projects.

CURRENT WORKLOAD AND AVAILABILITY
The City of Pico Rivera is an important client for our proposed team, and we are committed to completing this project on time and within budget. Key personnel listed in our organization chart will be available to the City, as needed, throughout the duration of this contract. Additional support staff will also be available to support activities on this contract, if required. The table below shows the current workload of our proposed key personnel.

Name & Role Current Work Commitments
% of
Involvement Availability
Nayan Amin, TE
Principal-In-Charge &
QA/QC
Safe Streets and Roads for All, Various US Agencies 15% 40% Vision Zero Safety Action Plans, Various US Agencies 10% Various Engineering and Planning Projects, Various US Agencies 15% QA/QC on Deliverables for Projects, Various US Agencies 20% Ruta Jariwala, PE, TE
Project Manager
Safe Streets and Roads for All, Various US Agencies 15% 45% Vision Zero Safety Action Plans, Various US Agencies 10% CMP Monitoring Project, Santa Clara County 15%
Various Engineering and Planning Projects, Various US Agencies 15% Rutvij Patel, EIT
Task Lead
On-Call Design Task Orders, Caltrans District 5 10%
40% HSIP Cycle 11 Pedestrian Crossing Improvements, Pico Rivera 15% Concord Safety and Street Lighting Project, Concord 10% Various Design Projects, Various US Agencies 25%
Engineering Services for HSIP CYCLE 12 Traffic Signal and Median Island Improvements CIP NO. 50128, HSIP-5351(049 | 7
Name & Role Current Work Commitments
% of
Involvement Availability
Carlo Sendaydiego, TE
Task Lead
On-Call Services, Walnut Creek and Concord 45%
20%
Citywide Traffic Signal Timing Project, Tracy 5%
Isable Crossing Travel Demand Modeling, Livermore 5%
Los Gatos Bike Traffic Signal Timing, Los Gatos 10%
Various Proposals/Business Development, Various US Agencies 15% Esmaeil Balal, PhD, PE
Task Lead
Street Lighting and Safety Improvements, Concord 30% 60% HSIP Cycle 11 Pedestrian Enhancements, Pico Rivera 10% Andrew Dickinson
Task Lead
On-Call Transportation Engineering, Modesto 15%
Traffic Signal Update HSIP, Manteca 10% 55%
Various Design Projects, Various US Agencies 20%
Siegfried
Adam Merrill, PE,

QSD/QSP
Desing PS&E Support
CIP Roads Program Projects, Turlock 15%
40% Various City of Mountain View Projects 10%
Sutter Health Projects, California 25%
Various Roadway Projects, Stockton 10%
Robert Norbutas, LLA
Desing PS&E Support
Miracle Mile Roadway Project, California 20%
30% St. Joseph’s Medical Center Expansion, California 15% K-12 and High Education Projects, California 20%
Various Park and Public Projects, California 15%
DJP&A
Will Burns, AICP
Environmental Lead
L Street Improvements, Antioch 15%
30%
5-Way Intersection Improvements, Napa 20%
LAMMPS Phase 2 and 3, Oakland 15%
Downtown Pathways, Lafayette 10%
Bay Trail Gap Closure, Marin County 10%

SCHEDULE ADHERENCE
For over 50 years, nearly 85 percent of our clients have been repeated clients. Prompt service, attention to details, strict adherence to schedule requirements, and commitment to our clients’ goals are among the reasons for this steady client base.

Our objective on every assignment is to provide the most cost-effective product that meets the specific needs and criteria of each client within the planned schedule and budget. Below is a list of similar projects that demonstrate our proven track record of meeting schedule.
• HSIP Traffic Signal Improvements Project, Palm Desert • Alhambra Pedestrian Countdown Signal Head Installation, Alhambra • HSIP Citywide Traffic Signal Hardware Upgrade Phase 1, Concord • HSIP Citywide Traffic Signal Hardware Upgrade Phase 2, Concord • HSIP Signal Improvements with Lead Pedestrian Intervals at Various Locations, Livermore • HSIP Pedestrian Crossing Safety Enhancements, Livermore • HSIP Citywide Radar Speed Feeback Sign Installations, Livermore • HSIP Citywide Traffic Signal Upgrades, Pittsburg
• East 14th Streetscape Project, Alameda County
• Mission Streetscape Project, Alameda County
• HSIP Pedestrian Safety Enhancements, Rio Vista
• HSIP Hawk Signal Installation at Three Locations, Antioch

PROPOSED

STAFFING
Engineering Services for HSIP CYCLE 12 Traffic Signal and Median Island Improvements CIP NO. 50128, HSIP-5351(049 | 8
C. PROPOSED STAFFING
TJKM Team
Our Team Organization Chart illustrates our proven “chain of command” for performance on similar projects. Work performed will be conducted under the direct supervision/direction of Mr. Nayan Amin, TE as Principal-In-Charge, Ms. Ruta Jariwala, PE, TE as Project Manager, and Mr. Rutvij Patel, EIT as Deputy Project Manager. Work will be conducted under the direct supervision/direction of our Project Manager, Ms. Jariwala and Deputy Project Manager, Mr. Patel. Ms. Jariwala will be responsible for overall coordination on this contract, maintaining the effectiveness and efficiency of the work, schedule, and will be the point of contact ensuring the work products are to the satisfaction of the City and stakeholders. Mr. Patel will be responsible for day-to-day coordination and activities. If Mr. Patel is unavailable, Ms. Jariwala will be your point of contact. TJKM internal communication process makes it so that whether you are speaking to either Ms. Jariwala or Mr. Patel they will be up to date on your projects needs and status. Below is our Organization Chart.

Key Personnel Qualifications and Experience
Name, Title, Role, & Years of
Experience
Licenses
(if any) Qualifications & Experience
Nayan Amin, TE
Principal-In-Charge/QA/QC
36 Years of Experience
CA TE 2290  HSIP Cycle 11 School Crossing Safety Enhancements, Pico Rivera  Citywide Comprehensive Safety Action Plan, Pico Rivera  HSIP Traffic Signal Improvement Project, Palm Desert
 HSIP Citywide Traffic Signal Hardware Upgrade, Phase 1, Concord  HSIP Citywide Traffic Signal Hardware Upgrade, Phase 2, Concord  Pedestrian Countdown Signal Head Installation, Alhambra  HSIP Signal Backplate Replacement Project, Modesto
Ruta Jariwala, PE, TE
Project Manager
26 Years of Experience
CA CE 73840
CA TE 2465
 HSIP Grant Applications, Pico Rivera
 HSIP Cycle 11 School Crossing Safety Enhancements, Pico Rivera  Local Roadway Safety Plan, Pico Rivera
 Citywide Comprehensive Safety Action Plan, Pico Rivera  HSIP Traffic Signal Improvement Project, Palm Desert
 HSIP Citywide Traffic Signal Hardware Upgrade Phase 1, Concord  HSIP Citywide Traffic Signal Hardware Upgrade Phase 2, Concord  Pedestrian Countdown Signal Head Installation, Alhambra  HSIP Signal Backplate Replacement Project, Modesto
Engineering Services for HSIP CYCLE 12 Traffic Signal and Median Island Improvements CIP NO. 50128, HSIP-5351(049 | 9
Name, Title, Role, & Years of
Experience
Licenses
(if any) Qualifications & Experience
Rutvij Patel, EIT
Deputy Project Manager
19 Years of Experience
CA EIT 154117  HSIP Grant Applications, Pico Rivera
 HSIP Cycle 11 School Crossing Safety Enhancements, Pico Rivera  Local Roadway Safety Plan, Pico Rivera
 Citywide Comprehensive Safety Action Plan, Pico Rivera  HSIP Traffic Signal Improvement Project, Palm Desert
 HSIP Citywide Traffic Signal Hardware Upgrade Phase 1, Concord  HSIP Citywide Traffic Signal Hardware Upgrade Phase 2, Concord  Pedestrian Countdown Signal Head Installation, Alhambra  HSIP Signal Backplate Replacement Project, Modesto
Carlo Sendaydiego, TE
Signal Timing Task Lead
39 Years of Experience
CA TE 1948  Crosswalk Enhancement Project on College Avenue, Livermore  Crosswalk Enhancement Project on Concannon Boulevard, Livermore  Crosswalk Enhancement Project on Portola Avenue, Livermore  Pedestrian and Bicycle Studies at Various Locations, Livermore  Livermore Crosswalk Safety Improvement Projects, Livermore  Vision Zero Policy andAction Plan, South Lake Tahoe
 Local Roadway Safety Plan, Oakley
 Local Roadway Safety Plan, Livermore
Esmaeil Balal, PhD, PE
Field Investigation Task Lead
Design PS&E Task Lead
15 Years of Experience
CA CE 90772  HSIP Cycle 11 School Crossing Safety Enhancements, Pico Rivera  HSIP Cyle 11 Bike Facility Upgrades and Pedestrian Crossing Enhancements, Rio Vista
 Citywide Comprehensive Safety Action Plan, Pico Rivera  HSIP Cycle 11 Sign Audit Project, Yuba County
 Concord Street Lighting and Safety Improvements, Concord  HSIP Traffic Signal Improvement, Denton
Andrew Dickinson
Field Investigation Task Lead
10 Years of Experience
N/A  HSIP Cycle 11 School Crossing Safety Enhancements, Pico Rivera  HSIP Traffic Signal Improvement Project, Palm Desert
 HSIP Citywide Traffic Signal Hardware Upgrade Phase 1, Concord  HSIP Citywide Traffic Signal Hardware Upgrade Phase 2, Concord  Pedestrian Countdown Signal Head Installation, Alhambra  HSIP Signal Backplate Replacement Project, Modesto
Adam Merrill, PE, QSD/QSP
Civil Lead (Siegfried)
18 Years of Experience
CA CE 76826
QSD24851
QSP 24851
 Traffic Signal Improvements, Sunnyvale
 East Sunnyvale Area Sense of Place, Sunnyvale
 Pedestrian and Safe Routes to School Improvements, Sunnyvale  Lawrence Station Area Sidewalks and Bike Facilities, Sunnyvale Will Burns, AICP
Environmental Lead (DJP&A)
20 Years of Experience
AICP  Richmond-San Rafael Bridge Access Improvements
 US Highway 101 BPOC IS/CE, Santa Rosa
 Grand Boulevard Improvements NEPA/CEQA, South San Franisco Key Staff Resumes
Our proposed key personnel will be made available to the City of Pico Rivera as needed for the duration of the Professional Services Agreement. No person assigned to this project shall be removed or replaced without the prior written concurrence of the City. Key Staff resumes have been provided in the Appendix.

CONSULTANTS
AND/OR

SUB-CONSULTANTS
Engineering Services for HSIP CYCLE 12 Traffic Signal and Median Island Improvements CIP NO. 50128, HSIP-5351(049 | 10
D. CONSULTANTS AND/OR SUB-CONSULTANTS
Siegfried Engineering (Siegfried) will assist our team with the topographic survey and utility research, design PS&E, and bid/construction support tasks. Siegfried is recognized as one of the foremost professional civil firms in Northern California, as measured by their clients, employees, and the community. They solve clients’ toughest challenges, making complex projects not only manageable, but truly enjoyable. Over the years, it has become clear that having multiple disciplines working closely together under one roof benefits both the process and product; streamlining costs while maximizing function. Their teams are cross trained, so they understand the complexities of the project not just as individual parts, but as a whole. This allows them to meet a wide variety of project needs, whether anticipated or not, in a costeffective and efficient manner.

Contact: Siegfried Engineering, Adam Merrill, 3428 Brookside Road, Stockton, CA 95219, 209.943.2021, [email protected]
We have provided resumes in the Appendix for key staff.

TJKM’S BUSINESS AND REPORTING RELATIONSHIP WITH SIEGFRIED TJKM has a strong working relationship with Seigfried Engineering in California as they are one of the preferred teaming partners for their expertise in Civil Engineering and Landscape design. TJKM has worked with Siegfried for over 20 years on various transportation infrastructure projects. This team provides a strong cohesive bond in their work almost working as one seamless firm to ensure all work deliverables are completed with minimal challenges and withing budget and on schedule.

REFERENCES
Scott Schneider
Assistant Public Works Director
Town of San Anselmo
415.258.4653
[email protected]
Chris Brady
Deputy Director
Stanislaus County, Public Works Dept.
209.525.4184
[email protected]
Joshua Lewis
Project Manager
City of Stockton
209.927.8055
[email protected]
David J. Powers & Associates (DJP&A) will assist our team with the environmental clearance task.

DJP&A was founded in 1972 following the adoption of the CEQA in 1970. Since then, DJP&A has provided services to public agencies and private developers in all areas of environmental planning. They have grown over the years from a one-person company to a 22-person, employee-owned corporation. DJP&A employees are all dedicated to continuing the spirit and quality of service that David Powers started. The quality of their environmental review documents has always been their focus and is paramount to their success. DJP&A has successfully completed environmental review documents on a wide variety of projects: General Plan updates for cities throughout the Bay Area, large industrial/commercial redevelopment projects, airports, sports arenas and ball fields, large parks, trails, community centers, city halls, plazas, hospitals/medical centers, residential development, and coastline and Bay front development. With each project, DJP&A strives to prepare clear, easy to understand documents that are legally defensible and useful to both the Lead Agency and the public.

Contact: DJP&A, Will Burns, 1736 Franklin, Suite 400, Oakland, CA 94612, 510.902.5850, [email protected]
We have provided resumes in the Appendix for key staff.

TJKM’S BUSINESS AND REPORTING RELATIONSHIP WITH DAVID J. POWERS & ASSOCIATES TJKM has recently started working with DJPA for their expertise in Environmental Process and they provide a high-quality product to TJKM which helps clients navigate this essential part of HSIP projects within minimal issues.

REFERENCES
Andrew Dillard
Senior Engineer
Contra Costa Transportation Authority
925.256.4751
[email protected]
Maritoni Maravilla
Senior Transportation Planner
Alameda County Public Works Agency
510.670.6550
[email protected]
WORK

APPROACH
Engineering Services for HSIP CYCLE 12 Traffic Signal and Median Island Improvements CIP NO. 50128, HSIP-5351(049 | 11
E. WORK APPROACH
Project Understanding
The City of Pico Rivera has received HSIP Cycle 12 funding to implement targeted traffic signal, median island, and roadway safety improvements at multiple intersections and corridors throughout the City. The intent of this project is to reduce the frequency and severity of traffic collisions by implementing proven safety countermeasures, enhancing signal operations, improving pedestrian accessibility, and upgrading roadway features in accordance with HSIP eligibility criteria.

The project includes a combination of corridor-level and intersection-specific improvements. Key elements include construction of a raised median along Paramount Boulevard between Washington Boulevard and Unser Street, installation of a new signalized intersection at Unser Street, and traffic signal hardware and phasing upgrades at multiple high-priority intersections.

Additional improvements include protected left-turn phasing, conversion of median-mounted signals to mast arms, signing and striping upgrades, street lighting improvements, and ADA-compliant pedestrian facilities. Collectively, these improvements are intended to address documented collision patterns, improve operational efficiency, and enhance safety for all roadway users.

TJKM reviewed the segments and made some preliminary notes on improvements and potential challenges to overcome as par to design.

Paramount Boulevard from Washington Boulevard to Unser Street The corridor will get a new landscape median, and close attention will be placed on utilities within the project limits to ensure they are identified early in design and coordination with respective utility companies get started. One example is the manhole located in the two-way turn lane (see image to the right) that will require adjustment with new median island. Irrigation system and drought resistant plants will be key considerations as part of the landscape design. TJKM wants to ensure we place aesthetically pleasing landscape that can be easily maintained by the city. The median will also close left turn access to streets of Wampler Street, Advent Street, Glendola Drive and Haney Street.

Advance notices to residents and appropriate signage will be key to ensure everyone is aware of the updated circulation. A close review of the street lighting infrastructure will be required as some are tied in with overhead power, TJKM will perform a detailed site review to understand existing power sources and potential tie in points for the street lighting along the segment. During the field visit TJKM will also look at existing tie-in points for the irrigation system to ensure it can be done in cost efficient manner.

Paramount Boulevard and Unser Street
The corridor of Paramount boulevard is also getting a new signal at Unser Street, the current geometric layout of the intersection presents some challenges with signal pole placements. Per review of the intersection, all four corners would require modifications to tighten the radius to place signal poles properly for visibility along with potential tree trimming will be required to clear up line of sight to the signals. TJKM will work closely with city early in design to identify curb ramps layout that works along with providing turn templates to ensure right turns are still feasible.

Signalized Intersection Improvements
The other parts of work include improvements to existing signals by adding protect left turn phasing. Each signal presents a unique challenge due to conflicts with potential utility lines. Some intersections have overhead lines close to existing signal poles so careful consideration will be required when placing new mast arm poles as they will need to meet the radial clearance requirements from the high voltage lines. Each corner will be reviewed carefully as-well for existing utility or storm drain conflicts to ensure poles can be placed in feasible manner for construction.

Engineering Services for HSIP CYCLE 12 Traffic Signal and Median Island Improvements CIP NO. 50128, HSIP-5351(049 | 12
As a federally funded HSIP project, the work must fully comply with Caltrans Local Assistance Procedures Manual (LAPM) requirements, including environmental documentation, utility coordination, right-of-way certification, and preparation of complete PS&E. TJKM understands that successful delivery of this project requires close coordination with City staff and Caltrans, proactive risk management, and a clear focus on producing accurate, constructible, and bid-ready documents. TJKM’s role is to translate the approved HSIP application into an implementable design that meets safety objectives, minimizes construction impacts, and supports timely Caltrans authorization and construction delivery.

Approach
TJKM will deliver the HSIP Cycle 12 Traffic Signal and Median Island Improvements through a structured, collaborative, and risk-aware approach focused on safety outcomes, constructability, and regulatory compliance. The project involves multiple corridors, diverse improvement types, and federal funding requirements, all of which require careful coordination, early issue identification, and disciplined document control to support on-time Caltrans authorization and construction.

A key challenge of this project is coordinating design across numerous intersections while maintaining consistency with the approved HSIP application and City standards. TJKM will address this by establishing a clear design framework early in the project, confirming design assumptions at the kickoff meeting, and maintaining regular coordination meetings with City staff at key milestones. This approach ensures that safety countermeasures, signal phasing upgrades, and ADA improvements are applied consistently while allowing flexibility to address location-specific constraints.

Another major challenge is utility conflicts and limited right-of-way, particularly along Paramount Boulevard where the raised median is proposed. The TJKM Team will perform detailed topographic surveying and records research early in the design phase to accurately capture existing conditions, utilities, and drainage features. For the median improvements, the TJKM Team will evaluate roadway geometry, access needs, emergency vehicle considerations, drainage impacts, and maintenance requirements to develop constructible median concepts that balance safety, operations, and long-term durability. Early concept plans and multiple design alternatives will be prepared to facilitate informed decision-making and minimize redesign later in the project.

The project also includes conversion of median-mounted signals to mast arms and signal phasing modifications at active intersections, which presents challenges related to traffic operations, constructability, and minimizing impacts during construction. TJKM will conduct thorough field reviews and coordinate closely with City staff to confirm signal hardware requirements, pole foundations, controller compatibility, and ADA-compliant pedestrian features. Signal plans will be developed with a focus on maintaining traffic flow, accommodating future upgrades, and ensuring compliance with the latest CA MUTCD and City standards.

As a federally funded HSIP project, environmental clearance, LAPM compliance, and documentation quality are critical schedule drivers. TJKM will proactively coordinate with Caltrans Local Assistance staff, prepare complete and accurate environmental and right-of-way documentation, and track approvals to avoid delays to construction authorization. Quality control reviews will be performed at each design milestone to ensure PS&E are internally consistent, defensible, and fully bid-ready.

Throughout the project, TJKM will emphasize clear communication, early risk identification, and practical engineering solutions.

By combining detailed field investigations, early concept development, and disciplined project management, TJKM will deliver a safe, constructible, and cost-effective project that meets the City of Pico Rivera’s objectives and supports successful HSIP implementation.

Work Plan
TASK 1 - PROJECT MANAGEMENT
TJKM will provide comprehensive project management services to guide the project from initiation through final delivery. TJKM will conduct a project kickoff meeting with City staff to confirm project objectives, HSIP and LAPM requirements, design criteria, roles and responsibilities, communication protocols, and decision-making processes. Throughout the project, TJKM will maintain close coordination with the City Project Manager, proactively track action items, and identify and resolve issues that could affect schedule, scope, or budget.

Engineering Services for HSIP CYCLE 12 Traffic Signal and Median Island Improvements CIP NO. 50128, HSIP-5351(049 | 13
TJKM will develop and maintain a live, shareable Google document to be used during bi-weekly project meetings as we have done so in previous projects with Pico Rivera. The document will be updated at each meeting to include a running list of pending items, project milestones, critical path items and action items assigned to TJKM, subconsultants, and the City, to keep the project moving forward.

The document will remain editable by all key meeting participants at any time to promote transparency, reduce back-and-forth email communication, and provide a centralized, real-time tracking tool to ensure the project progresses in a timely and organized manner throughout its duration.

TJKM will develop and maintain a detailed project schedule identifying key milestones, submittals, reviews, and approvals, and will update the schedule regularly to reflect project progress. Monthly progress updates will summarize completed work, upcoming activities, risks, and coordination needs. As requested by the City, TJKM will also support community outreach meetings and City Council presentations by preparing presentation materials and responding to stakeholder questions.

Deliverables:
 Project Kick-Off Meeting agenda and material
 Meeting Schedules
 Detailed Project Schedule and periodic updates
 Meeting Agendas and Minutes (minimum of 12 meetings).  Presentation materials for City Council or community meetings (as needed) TASK 2 – TOPOGRAPHIC SURVEY AND UTILITY COORDINATION
The TJKM Team will conduct utility record research to identify existing utilities within the roadway and assess potential vertical conflicts. Underground utilities and all surface utility features (e.g., valve boxes, manholes, vaults, pull boxes, etc.) will be field verified and depicted. We will identify ownership of each surface feature to assist the City in determining responsibility, liability, and required adjustment notifications. TJKM under this design expects no utility relocations. If required though TJKM will prepare exhibits for the City’s use in issuing adjustment notices to third-party utility owners.

A design level Topographic Survey (conventional field survey) will be provided for the project design areas. The boundary component of the survey will include a field verification to denote boundary lines and easements as depicted on recorded maps.

The items to be included are as follows:

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.
• The horizontal control will be based on the California Coordinate System of 1983 (CCS83). • Control points set for topography will be set out of the area of future construction, and they will be shown on the face of the survey.

Survey Features
• Survey observations will be taken on a 25-foot surface grid, or a smaller grid to create one foot contour intervals. Spot elevations will be at back of sidewalks, top of curbs, flow lines, gutter edges, street crowns, high/low points, top and toe of slopes, grade breaks, driveway aprons, local depressions, and handicap ramps. • The survey will include types of pavements (concrete, asphalt, natural ground areas), fixed structures, fences, walls, buildings, sidewalk-walkways, planters, cross gutters, swales. • Location of signing and striping within the Site.
• Location of trees over six feet in height, regardless of caliper, within the Site.

Utilities
• Send out utility request letter for mapping in project vicinity. • Location, elevation, size, and type of visible above ground utilities within the Site. • Flow line invert elevations and sizes of drain inlets, sanitary sewer and storm drain manholes are excluded from this proposal.

Engineering Services for HSIP CYCLE 12 Traffic Signal and Median Island Improvements CIP NO. 50128, HSIP-5351(049 | 14
• If marked prior to mobilization, existing underground utility lines identified by painted striping from USA markings will be located and shown on the survey. The research and plotting of record underground utilities and the hiring a utility locating subcontractor are not included in this proposal.
• On-going coordination with utility companies to ensure all facilities are mapped out and if any relocations or adjustments are required, begin required paperwork to ensure those elements are handled during design phase.

Deliverables:
 Topographic Survey Base Files
 Utility Request letters, mapping and matrix
TASK 3 - PRELIMINARY ENGINEERING

3.1 – Design Survey
This task was included with Task 2.

Deliverables:
 Electronic copy of aerial/field survey.
 ASCII File of Field Survey
Subtask 3.1 Records Research and Field Reviews
TJKM will conduct records of research and field investigations to verify existing conditions and identify constraints or deficiencies.

The signal infrastructure review will identify installation of signal-related infrastructure such as but not limited to the placement of signal poles, signal heads, pedestrian signals, push buttons, poles, and detection equipment. Furthermore, evaluate curb ramps, pedestrian paths, and accessible crossings to confirm general compliance with ADA accessibility requirements. The review will consider ramp alignment, slopes, detectable warning surfaces, and accessibility between pedestrian facilities and identify which ramps require upgrades. The TJKM Team will review the draft layout for the median along Paramount Boulevard from Washington Boulevard to Unser Street, the process will include looking at existing field conditions including water service, landscaping, hardscape, irrigation, and related infrastructure.

TJKM will prepare a Field Condition Assessment Memo documenting constructability issues, ADA compliance concerns, potential conflicts, and recommended mitigation strategies. For the median improvements, the TJKM Team will prepare conceptual design alternatives that balance safety, access management, drainage performance, maintenance needs, and City preferences.

Subtask 3.3 Conceptual Plans
The TJKM Team will use the data collected as part of the topographic survey, utility research, detailed site investigation, review of as-built drawings to develop the following items:
• The TJKM Team to use AutoCAD software to developed scaled 35% design drawings for signal improvements, curb ramps, landscape medians, street lighting, signage, and striping. • The design drawings will clearly denote all roadway infrastructure improvements and note existing utilities as faded layers to identify if any conflicts are present.
• The landscape design will review the existing median layout concepts and median island master plan developed by the city and incorporate them into the design for Paramount Boulevard. • TJKM will develop up to three draft concepts plans for the median layouts along with estimates for the city review, the concepts will provide options for drought-resistant landscaping, include plant palettes, photo simulations, cross-sections and renderings to help visualize the improvements.
• The concepts will be presented to City council, advisory committees and commission to gain feedback and based on the input develop a final concept drawing to move into detailed design. • TJKM will develop a 35% design estimate for all project improvements.

Deliverables:
 Draft and final concept plans, including renderings, photo simulations, plant palettes, and estimates  Presentation materials
 Concept (35%) Design Plans and Estimates
Engineering Services for HSIP CYCLE 12 Traffic Signal and Median Island Improvements CIP NO. 50128, HSIP-5351(049 | 15
TASK 4 – ENVIRONMENTAL STUDIES
TJKM supported by DJP&A will prepare all required environmental documentation in compliance with applicable Federal guidelines, NEPA requirements, and the Caltrans LAPM.

The TJKM Team will Coordinate with City staff to identify their Caltrans Local Assistance contact. TJKM will work jointly afterwards with City, Caltrans staff to facilitate review and obtain approval of the Preliminary Environmental Studies and associated documentation.

The TJKM Team will prepare environmental documentation in accordance with Chapter 7 of the LAPM. This includes, but is not limited to, preparation of the following exhibits and supporting materials:
• Field Review (LAPM Exhibit 7-B)
• Field Review Attendance Roster (LAPM Exhibit 7-G)
• Roadway Data (LAPM Exhibit 7-C)
• Preliminary Environmental Study (PES) Form (LAPM Exhibit 6-A) These documents, along with accompanying technical studies, will be used to determine the appropriate level of environmental documentation required for the project. Prepare the Record of Public Hearing, including the Notice of Public Hearing (LAPM Exhibit 8-A), or prepare the Record of Opportunity for Public Hearing, including the Notice of Opportunity for Public Hearing Proposal (LAPM Exhibit 8-B), if applicable.

The City will publish the Notice of Public Hearing or Notice of Opportunity for Public Hearing Proposal and conduct public hearings or community meetings in accordance with LAPM requirements. TJKM will support these efforts by preparing meeting materials and documenting meeting minutes, as necessary.

The TJKM Team as final step will prepare the Categorical Exemption/Categorical Exclusion Determination Form (LAPM Exhibit 6-F) to document compliance with the NEPA and, for State-only projects, the CEQA.

Deliverables:
 Obtain Categorical Exemption/Categorical Exclusion Determination Form (LAPM Exhibit 6-F) for NEPA compliance and for State projects only, CEQA compliance
TASK 5 – FINAL ENGINEERING
Subtask 5.1 75% Submittal
The TJKMTeamwill prepare complete PS&E packages for construction in accordance with City standards, Caltrans Standards, MUTCD, and applicable funding conditions. The design will progress through 75%, 90%, and 100% milestones, incorporating City and agency review comments at each stage. TJKM will develop the following set of plans:
• Prepare plans for traffic signal improvements, which may include based on each intersection requirement upgrading signal hardware, pedestrian countdown heads, and advance stop bars. Additional improvements may include replacement or modification of signal poles, installation of Type 332 cabinets, Type 270 controllers, service cabinets, battery backup systems, video detection systems, emergency vehicle preemption devices, LED upgrades, intersection rewiring, and installation of new conduit, as determined through field review and available funding. • Prepare street lighting plans, including photometric analysis and lighting layout. • Prepare civil design plans showing removals, existing and proposed improvements, and utility base mapping. Plans will define limits of repairs for pavement, curb, gutter, sidewalk, and ADA improvements, as needed. Drainage issues caused by uplifted curb and gutter will be evaluated and addressed. Civil plans will be prepared at a horizontal scale of 1” = 20’ and will include profiles for proposed median islands.
• Prepare landscape and irrigation plans based on feedback on the preferred alternative including decorative hardscape improvements, landscaping, irrigation systems, architectural features, lighting, layout, utility connections, construction details, and related elements. Plans will be prepared at a horizontal scale of 1” = 20’. Documentation required to comply with the City’s Water Efficient Landscape Ordinance will also be prepared. • Prepare utility plans identifying water and electrical service connections required for the proposed improvements. • Design irrigation water services connecting to domestic and recycled water mains, as applicable. Evaluate existing services and provide recommendations for repair, replacement, or new connections to adequately supply irrigation needs, including associated electrical services.

Engineering Services for HSIP CYCLE 12 Traffic Signal and Median Island Improvements CIP NO. 50128, HSIP-5351(049 | 16
• Prepare signage and striping plans at a horizontal scale of 1” = 40’, in accordance with the California Manual on Uniform Traffic Control Devices (CA MUTCD), latest edition.

TJKM will ensure design elements comply with applicable National Pollutant Discharge Elimination System (NPDES) requirements and the Americans with Disabilities Act (ADA).

TJKM will prepare a response to comments matrix for comments provided in 35% design and include them with 75% design drawings.

Based on Discussion with City staff, TJKM will schedule a site visit with City to review all improvements and identify potential challenges during construction and come up with solutions to reduce change orders when we get into design.

Subtask 5.2 90% Design Submittal
TJKM, in 90% design, will further detail out the PS&E package and get it closer to construction ready. The following items will be accomplished under this task:
• TJKM to hold comment review meeting to go over City comments and summarize the findings of the joint site walk with city staff. Discuss path forward for finalizing design and ensure all items for construction are within allocated budget. • TJKM will detail out the design plans for Signals, Street Lighting, Civil, Landscaping, signage and striping and include all non-standard details for a complete package the city can review closer. • TJKM will prepare a response to comments matrix for comments provided in 75% design and include them with 90% design drawings.
• Based on Discussion with City staff, after they review the 90% design drawings, schedule a final site visit to go over lingering design element items to ensure all items for construction are dialed in. • TJKM will collect turning movement counts in AM and PM peak hours for intersections that require left turn phasing addition to developing signal timing plans.
• TJKM will use Synchro to develop optimized signal timing plans and submit a draft set of signal timing plans with 90% submittal.

Subtask 5.3 100% Submittal
TJKM will prepare complete, bid-ready PS&E documents incorporating all final comments and approvals updating signal timings sheets. Final plans and specifications will undergo internal quality control reviews to ensure accuracy, consistency, and compliance with City standards, HSIP requirements, CA MUTCD, and LAPM procedures. All final documents will be stamped and signed by the Engineer of Record and submitted in the required electronic formats for bidding and construction.

Deliverables:
 Three sets of plan submittals, including specifications, at 75%, 90%, and 100% completion milestones  Draft and Final Signal Timing Plans
 PDF and AutoCAD files of final plans. AutoCAD files shall be unbound TASK 6 – COST ESTIMATES
TJKM will develop an engineer’s estimate from 35% design stage to understand the overall construction budget and how it relates to awarded grant funding. This will play a curial role in determining what items can be kept in the scope of work andwhich may have to be adjusted to ensure the project is within HSIP grant funding guidelines. With each plan submittal, TJKM will include an engineer’s estimate. Based on comments provided for each submittal, TJKM will update the engineer’s estimate per the comments and adjustments that are made to design. TJKM will include a response to comments with each estimate.

Deliverables:
 Cost estimate at Concept (35%), 75%, 90% and 100% completion milestones, (four separate submittals in total)  Electronic files of cost estimates
TASK 7 – SPECIFICATIONS
TJKM will acquire latest boilerplate specifications from the city to develop the project specifications. The specifications will identify all work item descriptions, bid tables, front end language the City uses for federally funded projects along with required forms to be included in the appendix. TJKM will submit the specifications alongside the plans and estimate for a complete PS&E starting at 75% submittal. After each round of review, TJKM will incorporate city comments into the specifications after each submittal Engineering Services for HSIP CYCLE 12 Traffic Signal and Median Island Improvements CIP NO. 50128, HSIP-5351(049 | 17
and update respective items as required. TJKM will track all comments through the main word file of the specifications by City providing comments in it and TJKM will provide responses in the file after. This will help keep all the comments consolidated and in one file to ensure all of them are addressed.

Deliverables:
 Special Provisions at the 75%, 90% and 100% completion milestones.  Final bid set Special Provisions stamped and signed by the licensed Engineer of Record.  Electronic files of specifications (both in Word and PDF formats).

TASK 8 – RIGHT-OF-WAY CERTIFICATION
TJKM does not anticipate right-of-way take as part of this project. TJKM will conduct basic right-of-way research to confirm required right-of-way and support project clearance. Improvement plans will show existing property lines and all right-of-way and easement areas (if required). TJKM will prepare LAPM Exhibits 13-A and 13-F, along with supporting documentation, to obtain Caltrans right-of-way certification and authorization to proceed with construction.

Deliverables:
 LAPM Exhibits 13-A and 13-F
TASK 9 – PROJECT ADVERTISEMENT SERVICES
TJKM will support the city during the bidding phase by responding to contractor RFIs, preparing addenda as directed, and assisting with clarification of the plans and specifications. This effort helps ensure a competitive bidding process and minimizes the risk of construction change orders.

Deliverables:
 Tabulated Response to RFIs
 Addendums, as necessary (assume three).

TASK 10 – CONSTRUCTION SUPPORT SERVICES
During construction, TJKM will provide design support services including review of technical submittals, responses to Requests for Information (RFI), and participation in change order evaluations. TJKM will attend pre-construction meeting and job site meetings over the duration of construction as they are required. TJKM will keep a master submittal list to help track all items are reviewed properly and responded back to Contractor in timely manner. If required, TJKM will provide revisions to the plans sets if unforeseen changes to design are required due to construction findings.

Deliverables:
 Response to RFI
 Contractor Submittal Tracking and Review
 Addenda Documents, if required
TASK 11 – PREPARE RECORD DRAWINGS (AS-BUILTS)
Within 20 days following completion and acceptance of the project, TJKM will prepare and furnish the City with a complete set of record drawings (as-builts) reflecting the constructed conditions. Record drawings will be prepared solely based on as-built information provided by the City’s Construction Manager and the Contractor. TJKM assumes no responsibility for the accuracy or completeness of the as-built information provided by others.

Deliverables:
 Furnish a complete set of revised original record drawings with bound electronic files (Both AutoCAD and PDF).

Engineering Services for HSIP CYCLE 12 Traffic Signal and Median Island Improvements CIP NO. 50128, HSIP-5351(049 | 18
Schedule
Our proposed team is an experienced team with specific strengths in each of the areas required to deliver this project on schedule and within budget to the satisfaction of City of Pico Rivera. Our proposed team has a proven track record of successful similar projects and is dedicated to providing high-quality products. With our available resources and experience, TJKM is equipped to provide the level of responsiveness required by the City, all while providing professional and quality services. We have developed an individualized approach for each task that, combined with an active project management and team-oriented approach, will ensure the delivery of timely, high-quality services.

The personnel listed in our organization chart are available to work on the project for the entire duration of the project. Our proposed staff has the availability to accept and complete this key project on schedule and within budget.

CLIENT

REFERENCES
Engineering Services for HSIP CYCLE 12 Traffic Signal and Median Island Improvements CIP NO. 50128, HSIP-5351(049 | 19
F. CLIENT REFERENCES
Nearly 85 percent of our clients are repeat clients. We are confident that you will be pleased with what our clients have to say about us. On the following pages are projects TJKM are either ongoing or have been completed on schedule and within budget.

HSIP CYCLE 11 SCHOOL CROSSING SAFETY ENHANCEMENTS | 2024-ON-GOING Reference: Kenner Guerrero, City of Pico Rivera, 6615 Passons Boulevard, Pico Rivera, CA 90660, (562) 801-4351, [email protected]
TJKM prepared PS&E for school crossing safety enhancements for fifteen intersections in the City of Pico Rivera. The project scope included construction of ADA-compliant curb ramps at four intersections, RRFB system, thermoplastic crosswalks and pavement striping, signing for RRFB system, LED enhanced stop signs and all appurtenant work. TJKM worked closely with City staff to prepare the plans due to budget constraint on the HSIP funding. TJKM met with project staff on-site to discuss project improvements and ensure each submittal was completed per City’s expectation. TJKM is at 100% Design stage of the project with the City and will continue to provide support during bid and construction of the project.

HSIP CITYWIDE TRAFFIC SIGNAL HARDWARE UPGRADE PHASE 2, CONCORD | 2021-2025 Reference: Tianjun Cao, City of Concord, 1950 Parkside Drive, MS/40, Concord, CA 94519, (925) 671-3243, [email protected]
TJKM assisted the City with preparing the grant application for HSIP Cycle 10 funds and was successful in receiving funds.

TJKM developed the PS&E for the project. This project is a continuation of Phase 1 signal hardware upgrades, which is upgrading the remaining 45 signalized intersections in the City with new signal heads, yellow retroreflective border backplates, countdown pedestrian signal heads, upgraded controllers, and accessible pedestrian push buttons. TJKM included a subconsultant on our team to prepare the detailed design of the curb ramps at 13 locations and evaluate all the ramps at 45 signalized intersections. TJKM prepared the E-76 Request for Authorization documentation for construction and coordinated with Caltrans Local Assistance Program staff. TJKM provided bid and construction support.

Engineering Services for HSIP CYCLE 12 Traffic Signal and Median Island Improvements CIP NO. 50128, HSIP-5351(049 | 20
HSIP TRAFFIC SIGNAL IMPROVEMENTS PROJECT, PALM DESERT | 2023-2024 Reference: Chris Gerry, City of Palm Desert. 73510 Fred Waring Drive, Palm Desert, CA 92260, (760) 346-0611 ext. 335, [email protected]
TJKM assisted with the City with preparing the PS&E which was funded by HSIP funds. The project included installation of yellow retroreflective borders for 99 signals. TJKM conducted a field investigation of all existing traffic signal backplates (make/model and signal equipment) to determine what was necessary to replace at each intersection. Following the field investigation, TJKM prepared the traffic signal plans and estimate using current Caltrans and City standards in AutoCAD format using google earth aerials for both existing geometric features and proposed equipment.

ALHAMBRA PEDESTRIAN COUNTDOWN SIGNAL HEAD INSTALLATION, ALHAMBRA | 2021-2025 Reference: Melissa Ramos, City of Alhambra, 111 S. First Street, Alhambra, CA 91801, (626) 570-5067, [email protected]
TJKM worked with the City to prepare a PS&E package to replace existing pedestrian signal heads at 25 city-owned signals citywide. The project began with TJKM conducting a field investigation to determine which pedestrian heads throughout the city would need upgrades. The project is federally funded through the HSIP grant and required NEPA clearance and E-76 Request for Authorization for construction through District 7 Local Assistance Program. TJKM and Ground Zone assisted the City with preparation of the required documentation. TJKM completed the PS&E package and E-76 forms for submittal to Caltrans. TJKM and the City received comments from Caltrans prior to the bidding and construction phase and provided support on those respective items to close out the project.

RIGHTS TO

MATERIALS
Engineering Services for HSIP CYCLE 12 Traffic Signal and Median Island Improvements CIP NO. 50128, HSIP-5351(049 | 21
G. RIGHTS TO MATERIALS
All responses, inquiries, and correspondence relating to this Request for Proposal and all reports, charts, displays, schedules, exhibits, and other documentation produced by TJKM that are submitted as part of the Proposal and not withdrawn shall become property of the City of Pico Rivera upon receipt by the City.

FEE

PROPOSAL
Engineering Services for HSIP CYCLE 12 Traffic Signal and Median Island Improvements CIP NO. 50128, HSIP-5351(049 | 22
H. FEE PROPOSAL
TJKM truly understands the importance of good project management. We use state-of-the-art technology and software to maintain superior quality control, to control costs, and to maximize the efficiency of resource utilization. Mr. Patel will utilize a number of project management tools to ensure budget and schedule compliance, including:
• Internal Kick-Off Meeting with the project team to review goals of the project, to identify deadlines for deliverables, and to assign tasks for each staff member.
• Weekly meetings to maintain communication with the project team and to review anticipated hours necessary for completing project work.
• Weekly status reviews of billing system report to track labor and cost expenditures, ensuring budget compliance. • Regular monthly reports provided to the City of Pico Rivera’s Project Manager discussing progress and any outstanding issues or concerns, allowing for an open line of communication. • Documentation of work performed to date in a status report accompanying each invoice, at the City’s request.

Timeliness and quality are essential to maintaining good business relationships and a solid reputation. TJKM is committed to preparing high quality deliverables for our clients, while maintaining schedule and budget compliance, and to meeting deadlines that will be associated with this contract.

Our cost has been provided in a separate sealed envelope.

APPENDICES
Engineering Services for HSIP CYCLE 12 Traffic Signal and Median Island Improvements CIP NO. 50128, HSIP-5351(049 | A-1
Appendix A
Key Staff Resumes
Engineering Services for HSIP CYCLE 12 Traffic Signal and Median Island Improvements CIP NO. 50128, HSIP-5351(049 | A-2
NAYAN AMIN, TE | PRINCIPAL-IN-CHARGE AND QA/QC
Registration: CA TE 2290
Education: M.S., Civil Engineering, San Jose State University, San Jose, CA | B.S., Civil Engineering, Saurashtra University, Rajkot, Gujarat, India Mr. Amin has 36 years of public and private sector experience in the areas of transportation planning, traffic impact studies, transportation management plans, construction scheduling, construction area signs, signing and striping, traffic signal coordination, traffic operations, transit priority, traffic signal systems, freeway and arterial management studies, and intelligent transportation systems planning, design and construction oversight. He specializes in macro and microscopic model development and application for analysis of impacts across all modes of transportation. His projects include planning, design, and providing construction oversight on projects to enhance operations and safety for all modes of transportation. Studies also include multimodal operations, bus rapid transit, pedestrian, bicyclists and traffic safety and operations.

Relevant Projects
• HSIP Traffic Signal Improvements Project, Palm Desert. Project Manager. The project includes the installation of yellow retroreflective borders for 99 signals throughout the City. The team conducted a field investigation to investigate all existing traffic signal back plates make/model and signal equipment to determine the requirements to replace the backplates at each intersection. They prepared the traffic signal plans and estimate using current Caltrans and City standards. The design PS&E and the forms for the E-76 submittal were completed in two months.

The team is providing support during bidding and construction phase. • Pedestrian Countdown Signal Head Installation, Alhambra. Principal-in-Charge. The team was responsible for preparing a PS&E package for the City to replace existing pedestrian signal heads at 25 City owned signals citywide. The project is federally funded through a HSIP grant and requires NEPA Clearance and E-76 RFA for construction. The team will provide bid and construction support services during construction. We are preparing the documentation while working with the City to get E-76 submittal approval from Caltrans. • Lynn Road Bike Lane/Interchange Improvement Plans, Thousand Oaks. Principal-in-Charge. Overseeing the team working to provide signal design and street lighting plans for bike lane improvements along Lynn Road and signal modification at the intersections of Lynn Road at the US 101 Northbound Ramps and Lynn Road at the US 101 Southbound Ramps. The project will install a separated bike lane facility along Lynn Road. Also, the team is designing the signal improvements that will include bike heads to safely guide the bicyclists through both intersections.
• HSIP Citywide Traffic Signal Hardware Upgrade Phase 2, Concord. Project Manager. The City was successful in receiving HSIP funds for Cycle 11. This project was a continuation of Phase 1 signal hardware upgrades, which was upgrading the remaining 45 signalized intersections in the City with new signal heads, yellow retroreflective border backplates, countdown pedestrian signal heads, upgraded controllers, and accessible pedestrian push buttons. TJKM also prepared the E-76 documentation for construction and coordinating with Caltrans Local Assistance Program staff and provided bid and construction support during construction. • HSIP Signal Backplate Replacement Project, Modesto. Task Lead. The City received HSIP funds for Cycle 10 for the backplate replacement project. Assisting the City with preparing PS&E for replacement of existing signal backplates and signal heads, at 70 signalized intersections citywide. The project also includes controller cabinet upgrades at 12 locations and intersection restriping. Also the team is preparing the E-76 documentation for construction and coordinating with Caltrans Local Assistance Program staff and providing bid and construction support during construction.
• HSIP Citywide Traffic Signal Hardware Upgrade Phase 1, Concord. Project Manager. Oversaw the team that assisted the City with preparing a HSIP grant application for upgrading citywide signal hardware at all the City's signalized intersections, as part of Cycle 9 HSIP grant call for projects. The City was successful in being awarded $2.4 million in funding for the citywide improvements. Tasks included assisting the City with receiving NEPA clearance, preparation of PS&E documents, obtained E-76 permit approval and provided bid and construction support services.

Engineering Services for HSIP CYCLE 12 Traffic Signal and Median Island Improvements CIP NO. 50128, HSIP-5351(049 | A-3
• Homestead Road at Homestead High School Pedestrian and Bicycle Improvements, Sunnyvale. PrincipalIn-Charge. TJKM assisted the City with conducting an operational analysis of the addition of the safety improvements. The recommendations in the traffic report moved forward into preparing PS&E to implement pedestrian improvements. Some of the improvements included traffic signal modifications at both intersections, pedestrian bulb-out on the southwest corner of Mary/Homestead, video and pedestrian detection at both locations, adding a pedestrian scramble phase at Mary/Homestead, green pavement markings, ADA ramp upgrades, and APS push buttons. TJKM conducted NEPA and CEQA environmental clearance and also coordinated with the High School and school district for improvements within the school site and obtained an E-76 RFA for construction permit for the City.
• HSIP Various Signalized Intersection Safety Improvements Project, Citrus Heights. Principal-In-Charge. The County applied for a federal HSIP grant for Cycle 8 and was successfully awarded funding for the project. Tasks include assisting the City with receiving NEPA clearance, preparation of PS&E documents, and bid and construction support services. We will also assist the City with obtaining E-76 permit approval through Caltrans Local Assistance Program.
• Traffic Signal Update Project HSIP, Manteca. Project Manager on project for the inventory of existing signalized intersections signal controller hardware and firmware, signal communications equipment and signal hardware at 47 intersections; identifying the signal equipment and signal communications hardware needing upgrades; integrating asset data collection into the City’s VueWorks Asset Management System; designing a citywide wireless signal interconnect communications network for the traffic signal system between the signalized intersections; retiming the major corridors for improved traffic signal timing coordination; and assisting the City with evaluating and selecting a Centralized Signal System.
• HSIP Traffic Signal Improvement Project, Pittsburg. Principal-In-Charge oversaw the project, which assisted the City with preparing a HSIP grant application for upgrading citywide signal hardware at all the City's signalized intersections as part of Cycle 9 HSIP grant call for projects. The City was successful in being awarded $1.6 million in funding for the citywide improvements. Task included assisting the City with receiving NEPA clearance, preparation of PS&E documents, and bid and construction support services. TJKM also assisted the City with obtaining E-76 permit approval through Caltrans Local Assistance Program. • On-Call Traffic Engineering Services, Palm Desert. Project Manager for the On-Call Contract and Traffic Signal Modifications and Hardware Upgrades. Leading the project team that is providing On-Call Traffic Consulting and Design for the City. This contract led to a Task Order for Traffic Signal Modifications and Hardware Upgrades (Phase III) that identified 17 intersections that required cabinet/wiring upgrades. Performed field investigations, reviewed existing conditions, prepared the PS&E, and provided bid and construction support services. • Three HSIP Projects for West Leland Corridor Safety Improvements, Pittsburg. Principal-In-Charge of the project to construct safety improvements on West Leland Road. The City received three Federal HSIP grants to fund these improvements, which included high friction surface treatments, solar powered radar speed feedback warning signage, centerline rumble strips/stripes, pavement markers and markings, and traffic signal modifications to provide protected left‐turn phasing at two intersections. The HSIP projects also included intersection lane striping improvements at the intersections of Railroad Avenue/California Avenue and East Leland Road/Loveridge Road. The team is responsible for developing the PS&E as well as bidding support. • HSIP Citywide Traffic Signal Hardware Upgrade, Phase 1, Concord. Principal-in-Charge. Oversaw the team that assisted the City with preparing a HSIP grant application for upgrading citywide signal hardware at all the City's signalized intersections, as part of Cycle 9 HSIP grant call for projects. The City was successful in being awarded $2.4 million in funding for the citywide improvements. Tasks included assisting the City with receiving NEPA clearance, preparation of PS&E documents, and bid and construction support services. Assisted the City with obtaining E-76 permit approval through Caltrans Local Assistance Program.
• Stoneman Intersection Improvements, Pittsburg. Task Lead assisted with the design of pedestrian improvements at three intersections along Stoneman Avenue. The project entailed signing and striping improvements along Stoneman Avenue between Loveridge and Harbor. Installation of three HAWK signals at three intersections along Stoneman Avenue at Meadowbrook Circle, Meadowbrook Drive, and Briarcliff, as well as pedestrian curb bulb-outs at those locations along with ADA ramp upgrades. TJKM assisted the City with preparation of E-76 request for authorization documentation.

Engineering Services for HSIP CYCLE 12 Traffic Signal and Median Island Improvements CIP NO. 50128, HSIP-5351(049 | A-4
RUTA JARIWALA, PE, TE | PROJECT MANAGER
Registration: CA CE 73840 | CA TE 2465 | TX CE 135281 | FL CE 100796 Education: M.S., Civil Engineering, San Jose State University, San Jose, CA | B.S., Civil Engineering, Bombay University, Mumbai, Maharashtra, India Ms. Jariwala has 26 years of professional experience in the areas of traffic operations, transportation planning, freeway and arterial management studies, signal coordination, traffic signal systems, traffic impact studies/environmental impact reports and ITS planning, design, and construction oversight. She has extensive experience in macro and microscopic model development and application for analysis of traffic operations for express lane studies as well as multimodal operations, pedestrian, bicyclists, and traffic safety studies.

Relevant Projects
• HSIP Traffic Signal Improvements Project, Palm Desert. Quality Control. The project includes the installation of yellow retroreflective borders for 99 signals throughout the city. The team conducted a field investigation to investigate all existing traffic signal back plates make/model and signal equipment to determine what is necessary to replace the backplates at each intersection. They prepared the traffic signal plans and estimate using current Caltrans and City standards. The design PS&E was completed in two months and the forms for the E-76 submittal.

The team is also providing support during bidding and construction phase. • Pedestrian Countdown Signal Head Installation, Alhambra. Quality Control for preparation of the PS&E package for the City to replace existing pedestrian signal heads at 25 City owned signals citywide. The project is federally funded through a HSIP grant and requires NEPA Clearance and E-76 RFA for construction. The team will provide bid and construction support services during construction as well as preparing the documentation while working with the City to get E-76 submittal approval from Caltrans. • HSIP Citywide Traffic Signal Hardware Upgrade Phase 2, Concord. Task Lead assisted the City in preparing the grant application for HSIP Cycle 11 funds. The City was successful in receiving HSIP funds for Cycle 11. This project is a continuation of Phase 1 signal hardware upgrades, which was upgrading the remaining 45 signalized intersections in the City with new signal heads, yellow retroreflective border backplates, countdown pedestrian signal heads, upgraded controllers, and accessible pedestrian push buttons. Task included preparing the E-76 documentation for construction and coordinating with Caltrans Local Assistance Program staff and provided bid and construction support during construction.
• HSIP Citywide Traffic Signal Hardware Upgrade Phase 1, Concord. Task Lead assisted the City with preparing a HSIP grant application for upgrading citywide signal hardware at all the City's signalized intersections as part of Cycle 9 HSIP grant call for projects. The City was successful in being awarded $2.4 million in funding for the improvements. Tasks included assisting the City with receiving NEPA clearance, PS&E documents, and bid/construction support services. Assisted the City with obtaining E-76 permit approval through Caltrans Local Assistance Program.
• Traffic Signal Update Project HSIP, Manteca. Task Lead on project for the inventory of existing signalized intersections signal controller hardware and firmware, signal communications equipment and signal hardware at 47 intersections; identifying the signal equipment and signal communications hardware needing upgrades; integrating asset data collection into the City’s VueWorks Asset Management System; designing a citywide wireless signal interconnect communications network for the traffic signal system between the signalized intersections; retiming the major corridors for improved traffic signal timing coordination; and assisting the City with evaluating and selecting a Centralized Signal System.
• HSIP Traffic Signal Improvement Project, Pittsburg. Deputy Project Manager who assisted with preparing a HSIP grant application for upgrading citywide signal hardware at all the City's signalized intersections as part of Cycle 9 HSIP grant call for projects. The City was successful in being awarded $1.6 million in funding for the citywide improvements. The team assisted the City with receiving NEPA clearance, preparation of PS&E documents, and bid and construction support services. TJKM also assisted the City with obtaining E-76 permit approval through Caltrans Local Assistance Program.

Engineering Services for HSIP CYCLE 12 Traffic Signal and Median Island Improvements CIP NO. 50128, HSIP-5351(049 | A-5
• Homestead Road at Homestead High School Pedestrian and Bicycle Improvements, Sunnyvale. Traffic Operations Phase Task Lead. Assisted the City of Sunnyvale with conducting an operational analysis of the addition of the safety improvements at Mary/Homestead and Kennewick/Homestead. The recommendations in the traffic report moved forward into preparing PS&E to implement pedestrian improvements. Some of the improvements included traffic signal modifications at both intersections, pedestrian bulb-out on the southwest corner of Mary/Homestead, video and pedestrian detection at both locations, adding a pedestrian scramble phase at Mary/Homestead, green pavement markings, ADA ramp upgrades, and APS push buttons. Conducted NEPA and CEQA environmental clearance and also coordinated with the High School and school district for improvements within the school site and obtained an E-76 RFA for construction permit for the City. • Traffic Signal Hardware and Wiring TR-21-01, Sunnyvale. QA/QC. The team designed of a full signal modification. Design plans provided the layout of all new traffic signal equipment including Traffic signal poles, Cabinets, Pedestrian/vehicle video detection system, Intersection safety lighting, Audible pedestrian push buttons, UPS system, Emtrac emergency vehicle preemption system, Street name signs, and Roadside signs. The team also prepared signage and striping plans to accommodate the traffic signal upgrades. • Three HSIP Projects for West Leland Corridor Safety Improvements, Pittsburg. QA/QC on project to construct safety improvements on West Leland Road. The City received three Federal HSIP grants to fund these improvements, which will include high friction surface treatments, solar powered radar speed feedback warning signage, centerline rumble strips/stripes, pavement markers and markings, and traffic signal modifications to provide protected left‐turn phasing at two intersections. The HSIP projects will also include intersection lane striping improvements at the intersections of Railroad Avenue/California Avenue and East Leland Road/Loveridge Road. The TJKM Team is responsible for developing PS&E and bidding support. • 2022 Cycle 11 Highway Safety Improvement Program Grant Application, Cupertino. Principal-in-Charge/Project Manager for the 2022 Highway Safety Improvement Program (HSIP) Grant Application for the City of Cupertino. While completing the City’s Local Road Safety Plan in 2022 prepared the grant application focused on safety enhancements for 17 roadway segments for reducing unsafe speed violations and rear end collision. This will be done by implementing countermeasures like dynamic/variable speed warning signs at the curves along the corridor and applying High Friction Surface Treatments to strategic locations
• Highway Safety Improvement Program Signal Backplate Replacement Project, Modesto. Quality Control. The City received Highway Safety Improvement Program funds for Cycle 10 for the backplate replacement project. Assisting the City with preparing PS&E for replacement of existing signal backplates and signal heads, at 70 signalized intersections citywide. The project also includes controller cabinet upgrades at 12 locations and intersection restriping. Also preparing the E-76 documentation for construction and coordinating with Caltrans Local Assistance Program staff and providing bid and construction support during construction.
• Miner Avenue Complete Streets PS&E, Stockton. QA/QC. The team assisted with preparing the PS&E for the Project. Responsibilities included signing and striping, traffic signal designs, street lighting, signal interconnect designs, and bid and construction support services during construction. • Citywide Comprehensive Safety Action Plan, Pico Rivera. Project Manager. Assisting the City to develop a Comprehensive Safety Action Plan to enhance safety and operations for all modes of transportation of all ages. The project includes formation of Stakeholder Advisory Group; public outreach; collision data collection and analysis; identification of Safety Action countermeasures; development of policies and programs; development of educational and enforcement programs; proposed text for a General Plan update; and a Final Comprehensive Safety Action Plan. • Local Roadway Safety Plan, Pico Rivera. Project Manager who assisted the City of Pico Rivera in developing a LRSP.

The City’s LRSP aims to reduce KSI collisions through a prioritized list of improvements that can enhance safety on roadways. This Plan summarizes collisions that occurred in Pico Rivera, identifies high-injury locations, and recommends countermeasures at each high-risk locations. A set of six safety projects were created for the high-risk intersections and roadway segments. The federal grant funding ($5 million) was awarded to two of these projects through the HSIP program in March 2023.

Engineering Services for HSIP CYCLE 12 Traffic Signal and Median Island Improvements CIP NO. 50128, HSIP-5351(049 | A-6
RUTVIJ PATEL, EIT | DEPUTY PROJECT MANAGER
Registration: CA EIT 154117
Education: B.S., Civil Engineering, San Jose State University, San Jose, CA Mr. Patel has 19 years of experience in transportation/traffic engineering and design. He has provided support on traffic impact studies, highway operation analysis, signal coordination projects, and highway design PS&E packages. Mr. Patel has worked on various electrical design projects, which include street lighting, traffic signal, and intelligent transportation system design plans, as well as the preparation of traffic handling, signage, and striping plans. Mr.

Patel has worked with various jurisdictions in the San Francisco Bay Area, Tri-Valley, Central Valley, and Northern California and is very familiar with their different standards and requirements. For all TJKM projects, Mr. Patel develops project estimates and specifications to accompany the full plan set. He meets with clients for comment review meetings, assists cities with answering contractor RFIs on design work, and meets on-site to resolve any design questions.

Relevant Projects
• HSIP Traffic Signal Improvements Project, Palm Desert. Project Engineer: Assisting with preparing the PS&E for a project that is funded by the HSIP. The project includes the installation of yellow retroreflective borders for 99 signals throughout the city. Conducted a field investigation to investigate all existing traffic signal back plates make/model and signal equipment to determine what is necessary to replace the backplates at each intersection. Prepared the traffic signal plans and estimate using current Caltrans and City standards. Completed the design PS&E and E-76 package in two months.

Providing support during bidding and construction phase. • Pedestrian Countdown Signal Head Installation, Alhambra. Project Manager responsible for preparing PS&E package for the City to replace existing pedestrian signal heads at 25 City owned signals citywide. The project is federally funded through a HSIP grant and requires NEPA Clearance and E-76 RFA for construction. Tasks included preparing the documentation while working with the City to get E-76 submittal approval from Caltrans as well as providing bid and construction support services during construction. • HSIP Citywide Traffic Signal Hardware Upgrade Phase 1, Concord. Task Lead assisted the City with preparing a HSIP grant application for upgrading citywide signal hardware at all the City's signalized intersections. The City was successful in being awarded $2.4 million in funding for the improvements. Tasks included assisting the City with receiving NEPA clearance, preparation of PS&E documents, and provided bid and construction support services. Assisted the City with obtaining E-76 permit approval through Caltrans Local Assistance Program. • HSIP Citywide Traffic Signal Hardware Upgrade Phase 2, Concord. Task Lead assisted the City with preparing the grant application for HSIP Cycle 11 funds. The City was successful in receiving HSIP funds for Cycle 11. This project was a continuation of Phase 1 signal hardware upgrades, which is upgrading the remaining 45 signalized intersections in the City with new signal heads, yellow retroreflective border backplates, countdown pedestrian signal heads, upgraded controllers, and accessible pedestrian push buttons. He also prepared the E-76 documentation for construction and coordinating with Caltrans Local Assistance Program staff and provided bid and construction support during construction.
• Traffic Signal Update Project HSIP, Manteca. Task Lead on project for the inventory of existing signalized intersections signal controller hardware and firmware, signal communications equipment, and signal hardware at 47 intersections; identifying the signal equipment and signal communications hardware needing upgrades; integrating asset data collection into the City’s VueWorks Asset Management System; designing a citywide wireless signal interconnect communications network for the traffic signal system between the signalized intersections; retiming the major corridors for improved traffic signal timing coordination; and assisting the City with evaluating and selecting a Centralized Signal System.
• HSIP Traffic Signal Improvement Project, Pittsburg. Task Lead assisted the City with preparing a HSIP grant application for upgrading citywide signal hardware at all the City's signalized intersections as part of Cycle 9 HSIP grant call for projects. The City was successful in being awarded $1.6 million in funding for the citywide improvements. The team assisted the City with receiving NEPA clearance, preparation of PS&E documents, and bid and construction support services. TJKM also assisted the City with obtaining E-76 permit approval through Caltrans Local Assistance Program.

Engineering Services for HSIP CYCLE 12 Traffic Signal and Median Island Improvements CIP NO. 50128, HSIP-5351(049 | A-7
• Pittsburg Stoneman Intersection Improvements, Pittsburg. Task Lead assisted with the design of pedestrian improvements at three intersections along Stoneman Avenue. The project entailed signing and striping improvements along Stoneman Avenue between Loveridge and Harbor. Installation of three Hawk signals at three intersections along Stoneman Avenue at Meadowbrook Circle, Meadowbrook Drive, and Briarcliff, as well as pedestrian curb bulb-outs at those locations along with ADA ramp upgrades. TJKM assisted the City with preparation of E-76 RFA documentation.
• Lynn Road Bike Lane/Interchange Improvement Plans, Thousand Oaks. Project Manager. Leading the project to provide signal design and street lighting plans for bike lane improvements along Lynn Road and signal modification at the intersections of Lynn Road at the US 101 Northbound Ramps and Lynn Road at the US 101 Southbound Ramps. The project will install a separated bike lane facility along Lynn Road. Also, designing the signal improvements that include bike heads to safely guide the bicyclists through both intersections. • HSIP Signal Backplate Replacement Project, Modesto. Task Lead. The City received HSIP funds for Cycle 10 for the backplate replacement project. Assisting the City with preparing PS&E for replacement of existing signal backplates and signal heads, at 70 signalized intersections citywide. The project also includes controller cabinet upgrades at 12 locations and intersection restriping. Also preparing the E-76 documentation for construction and coordinating with Caltrans Local Assistance Program staff and providing bid and construction support during construction. • Crosswalk Safety Improvement Projects, Livermore. Task Lead. Worked collaboratively with the City and provide construction documents and bid and construction support. project included the development of the PS&E for installing crosswalks, pedestrian ramps, and rectangular rapid flashing beacon at the College Avenue/Fifth Street intersection, and crosswalk and pedestrian ramps at College Ave/Kingsbury intersection. Project had to be Certified Access Specialist (CASp) certified.
• Three HSIP Projects for West Leland Corridor Safety Improvements, Pittsburg. Task Lead. The City received three Federal HSIP grants to fund these improvements, which included high friction surface treatments, solar powered radar speed feedback warning signage, centerline rumble strips/stripes, pavement markers and markings, and traffic signal modifications to provide protected left‐turn phasing at two intersections. The HSIP projects also included intersection lane striping improvements at the intersections of Railroad Avenue/California Avenue and East Leland Road/Loveridge Road. • Homestead Road at Homestead High School Pedestrian and Bicycle Improvements, Sunnyvale. Task Lead.

TJKM assisted the City of Sunnyvale with conducting an operational analysis of the addition of the safety improvements at Mary/Homestead and Kennewick/Homestead. The recommendations in the traffic report moved forward into preparing PS&E to implement pedestrian improvements. Some of the improvements included traffic signal modifications at both intersections, pedestrian bulb-out on the southwest corner of Mary/Homestead, video and pedestrian detection at both locations, adding a pedestrian scramble phase at Mary/Homestead, green pavement markings, ADA ramp upgrades and APS push buttons. TJKM conducted NEPA and CEQA environmental clearance and also coordinated with the High School and school district for improvements within the school site and obtained an E-76 RFA for construction permit for the City. • HSIP Various Signalized Intersection Safety Improvements Project, Citrus Heights. Task Lead. The County applied for a federal HSIP grant for Cycle 8 and was successfully awarded funding for the project. Tasks included assisting the City with receiving NEPA clearance, preparation of PS&E documents, and bid and construction support services. TJKM also assisted the City with obtaining E-76 permit approval through Caltrans Local Assistance Program. • Local Roadway Safety Plan, Pico Rivera. Task Lead on team which assisted the City in developing a LRSP. The City’s LRSP aims to reduce KSI collisions through a prioritized list of improvements that can enhance safety on roadways. This Plan summarizes collisions that occurred in Pico Rivera, identifies high-injury locations, and recommends countermeasures at each high-risk locations. A set of six safety projects were created for the high-risk intersections and roadway segments.

The federal grant funding ($5 million) was awarded to two of these projects through the HSIP program in March 2023. • Pedestrian Countdown Signal Head Installation, Alhambra. Project Manager responsible for preparing Plans, Specifications, & Estimates package for the City to replace existing pedestrian signal heads at 25 City owned signals citywide. The project is federally funded through a HSIP grant and requires NEPA Clearance and E-76 request for authorization for construction. Will provide bid and construction support services during construction. Preparing the documentation while working with the City to get E-76 submittal approval from Caltrans.

Engineering Services for HSIP CYCLE 12 Traffic Signal and Median Island Improvements CIP NO. 50128, HSIP-5351(049 | A-8
ESMAEIL BALAL, PHD, PE | TASK LEAD FOR FIELD INVESTIGATION, DESIGN PS&E, AND BID AND

CONSTRUCTION SUPPORT
Registration: CA CE 90772 (Civil) | TX CE 133428 (Civil) | FL CE 100817 (Civil) Education: Ph.D., Civil Engineering, University of Texas at El Paso, El Paso, Texas | M.S., Civil Engineering, Toosi University of Technology, Tehran, Iran | B.S., Civil Engineering, Chamran University, Ahwaz, Iran
Mr. Balal is a traffic and transportation engineer with over 14 years of hands-on experience. He has successfully managed and supported a broad range of projects from traffic impact studies, Intersection Control Evaluation analysis, Plans, Specifications, and Estimates documents, signal timing design, traffic incident management (Advanced Traffic Management System), Intelligent Transportation Systems enhancements, Functional Service Provider Data analysis, integration of Connected Vehicle/Automated Vehicle into Traffic Management Center operations, developing master plans, policies and Safety Action Plans. He has leveraged advanced tools such as SYNCHRO, TransModeler and VISSIM to develop solutions that optimize traffic flow and minimize congestion.

Relevant Projects
• HSIP Cyle 11 Bike Facility Upgrades and Pedestrian Crossing Enhancements, Rio Vista. Engineer. The City of Rio Vista selected TJKM to design improvements as part of HSIP Cycle 11. The projects includes Bike Facility Upgrades and Pedestrian Crossing Enhancements. Tasks include traffic engineering and signing and striping. • HSIP Traffic Signal Improvement Project, Denton. Senior engineer worked for the City of Denton to prepare a HSIP grant application for upgrading four stop-controlled intersections to signalized intersections. The tasks were preparing all needed documents such as schematic plans and cost estimates. • Highway Safety Improvement Program Cycle 11 Sign Audit Project, Yuba Couty. Task Lead. The County was awarded a grant from the Cycle 11 of the Highway Safety Improvement Program for the Project (prepared by TJKM). Tasks include conducting a sign audit, developing a sign replacement plan, and prepare the PS&E (per MUTCD standards) based on the results of the sign audit.
• Lynn Road Bike Lane/Interchange Improvement Plans, Thousand Oaks. Task Lead. Assisting with providing signal design and street lighting plans for bike lane improvements along Lynn Road and signal modification at the intersections of Lynn Road at the US 101 Northbound Ramps and Lynn Road at the US 101 Southbound Ramps.

The project will install a separated bike lane facility along Lynn Road. Also, designing the signal improvements that include bike heads to safely guide the bicyclists through both intersections. • Victor Avenue and Cypress Avenue Active Transportation Project, Redding. Engineering. Assisting with the preparation of PS&E for signal modification, signage and striping, and street lighting plans. Signal modification plans were prepared for two intersections along the corridor including one signal that will be completely removed for installation of a roundabout. Signing and Striping plans involve installing new bike lanes across the 1.5 mile corridor and an all new bike trail and pedestrian bridge. • State Route 164 ADA Improvement, Los Angeles. Lead engineer worked for Caltrans to review the project which proposes to upgrade pedestrian facilities to comply with current Caltrans ADA Standards (per the Design Information Bulletin Number 82-06) along the northbound and southbound State Route 164 in the cities of South El Monte, El Monte. and Rosemead in Los Angeles County. Improvements are proposed in 25 areas, of which nine are signalized intersections, 12 are unsignalized intersections, three are freeway ramp crossings, and one is a local frontage road crossing.
• State Route 72 ADA Improvement, Los Angeles. Lead engineer worked for Caltrans to review the project which proposes to upgrade pedestrian facilities to comply with current California Department of Transportation (Caltrans) ADA Standards (per the Design Information Bulletin Number (DIB) 82-06) along the northbound and southbound State Route 72 in the City of Whittier in Los Angeles County. The improvements are proposed at 54 locations, of which 24 are signalized, and 30 are unsignalized. One of the unsignalized intersections (Virginia Avenue) is proposed to receive a new signal. The project improvements consist of constructing new or reconstructing existing curb ramps and island passageway and installing pedestrian signal devices Accessible Pedestrian Signal with pedestrian push buttons and LED countdown timers) within the project limits and install Class III bike route signs and pavement markings.

Engineering Services for HSIP CYCLE 12 Traffic Signal and Median Island Improvements CIP NO. 50128, HSIP-5351(049 | A-9
• Traffic Signal and Intelligent Transportation Systems Implementation at Four Intersections, Denton. Senior engineer worked for the City of Denton to lead the conversion of four stop-controlled intersections to traffic signalcontrolled intersections in Denton, Texas, integrating Intelligent Transportation System devices to enhance traffic operations and safety. Responsibilities included conducting traffic studies, signal warrant analysis, and designing signal layouts with advanced Intelligent Transportation Systems components such as vehicle detection sensors, emergency vehicle preemption, and communication systems for real-time monitoring. Coordinated with city officials and stakeholders to optimize signal phasing and timing, ensuring compliance with Manual on Uniform Traffic Control Devices guidelines. The project improved intersection efficiency, reduced delays, and enhanced roadway safety through the implementation of smart traffic management solutions. • Concord Street Lighting and Safety, Concord. Engineering. Project includes upgrades to existing street lighting fixtures at 5,582 locations and the installation of new street lighting at 32 locations along the corridors of Willow Pass Road, Concord Boulevard, Galindo Street/Monument Boulevard, Clayton Road, Treat Boulevard, Cowell Road, and Ygnacio Valley Road/Kirker Pass Road. The project also includes signal upgrades at 12 intersections.

Lastly, the project will include installation of three sets of Rectangular Rapid Flashing Beacon and two High Intensity Activated CrossWalK (HAWK) systems. The goal of the project is to enhance the street lighting citywide and improve safety throughout the City of Concord.
• Safety Action Plan, Pomona. Engineer. Assisted the City of Pomona to develop their Safety Action Plan. Tasks include review of existing plans, policies and programs and perform data collection and analysis, develop an Outreach Plan, and hold Stakeholder and Community meetings. • School Crossing Safety Enhancements (HSIP), Pico Rivera. Engineer. The City of Pico Rivera received HSIP grant funds to improve safety at 18 pedestrian school crossings. Tasks include traffic engineering, electrical, signing and striping.
• Comprehensive Safety Action Plan and Bike Master Plan, Monrovia. Deputy Project Manager. Assisting the City of Monrovia to develop their Comprehensive Safety Action Plan and update the current Bicycle Master Plan.

Tasks include review of existing plans, policies and programs and perform data collection and analysis for both the CSAP and Bicycle Master Plan update. Develop an Outreach Plan and hold Stakeholder and Community meetings, along with development of an interactive project webpages for both the Comprehensive Safety Action Plan and Bicycle Master Plan update. Other tasks include an equity analysis, recommendations and priority projects, implementation and programming, and a draft/final Comprehensive Safety Action Plan and updated Bicycle Master Plan.
• HSIP Cycle 11 Sign Audit Project, Yuba Couty. Task Lead. The County was awarded a grant from the Cycle 11 of the HSIP for the Project (prepared by TJKM). Tasks include conducting a sign audit, developing a sign replacement plan, and prepare the PS&E (per Manual on Uniform Traffic Control Devices standards) based on the results of the sign audit.
• Citywide Street Sign Program Development, Claremont. Task Lead. Tasks include conducting a sign audit, developing a sign replacement plan, and prepare the PS&E (per Manual on Uniform Traffic Control Devices standards) based on the results of the sign audit.
• Caltrans District 5 On-Call Roadway Design Services. Engineering. Assisted on following task orders:
o Task Order 1. Providing design services for the US 101 in Monterey County. Prepared the base maps and plan sheets for the PA&ED. Developed and submitted request for update preliminary TMS to District 5 TMP coordinator.
o Task Order 2. Provided design services for construction ready PS&E. The electrical plans included installation of Microwave Vehicle Detection System, Close Circuit Television Cameras at strategic locations along the corridor as noted by Caltrans. The project included modifications of existing Traffic Monitoring Station Systems, Ramp Metering Systems, and signal improvements based on roadway pavement impacts.

Also provided a full set of Pavement Delineation plans for entire project corridor to match latest Caltrans Standards.

Engineering Services for HSIP CYCLE 12 Traffic Signal and Median Island Improvements CIP NO. 50128, HSIP-5351(049 | A-10
CARLO SENDAYDIEGO, TE | SIGNAL TIMING TASK LEAD
Registration: CA TE 1948
Education: B.S., Civil Engineering, Mapua Institute of Technology, Philippines Mr. Carlo Sendaydiego has 39 years of experience in transportation engineering, including his role as the Traffic Engineer for the City of Livermore from 2015 until his retirement from public service in 2021. During this time, he acted as the liaison to the City Attorney and Risk Manager for traffic-related claims and litigation, collaborated with the Police Department on safety and enforcement matters, and worked with Public Works on traffic signal operations, lighting, signing, striping, and overall traffic safety. He also served as the City's point of contact for the Livermore Amador Valley Transit Authority and the School District on transit and school transportation issues. As a consultant, he continues to provide technical expertise in traffic safety and signal timing, effectively acting as an extension of various City staff.

Relevant Projects
• Metropolitan Transportation Commission (MTC) Program for Arterial System Synchronization (PASS) 2022-2023 Cycle, Atherton, Concord, and Pittsburg. Project Engineer in development of proposed conditions Synchro models, and preparation of draft and final project reports. The goal of this project is to facilitate traffic progression along study corridors and to update the signal timing plans to achieve operational efficiency of the traffic signals with the existing capacity constraints. Attaining this goal is expected to reduce traffic congestion, reduce traffic delays, reduce the emission of harmful greenhouse gases, reduce automobile and transit travel time along the study corridors, and improve traffic safety. • Traffic Signals at Various Locations, Livermore. Associate Transportation Engineer and City Traffic Engineer.

Responsible for the installation of new traffic signals and operation of over 100 traffic signals. Prepared and reviewed PS&E for approximately 40 traffic signals, at least 15 flashing crosswalks and flashing beacon projects. Developed cost effective signal maintenance procedure. Managed replacement of legacy signal controllers, and implemented Intelligent Transportation Systems such as 2070 controllers, video detection, CCTV, and Ethernet communication. • Traffic Signals at Various Locations, Fremont. Associate Transportation Engineer. Responsible for installation of new traffic signals and the operation of over 150 traffic signals. Prepared and reviewed PS&E for several traffic signals, and provided oversight review for red light running camera installation. Managed signal maintenance contract. • Traffic Signals at Various Locations, Pleasant Hill. Traffic Engineer. Responsible for the installation of new traffic signals and operation of city maintained traffic signals and managed signal maintenance contract. • Traffic Signals at Various Locations, Castro Valley and San Lorenzo. Assistant Engineer. Prepared and reviewed plans specifications and estimates for new traffic signals and coordinated with maintenance department on signal operations.
• Traffic Signal Timing/Coordination, Modesto. Senior Project Engineer Responsible for developing and reviewing signal timing plans for 68 traffic signals in the Downtown using Synchro including implementation and fine tuning AM, Midday, PM, and Weekend plans.
• Traffic Signal Timing/Coordination, Livermore. Associate Transportation Engineer and City Traffic Engineer.

Responsible for signal timing for over 100 traffic signals. Coordinated approximately 50 traffic signals on major corridors every two–three years.
• Traffic Signal Timing/Coordination, Fremont. Associate Transportation Engineer. Responsible for signal timing for over 150 traffic signals. Coordinated approximately 20 traffic signals on major corridors. • Signal Timing/Coordination, Castro Valley and San Lorenzo, CA, Alameda County, 1987-1999, N/A: Assistant Engineer.

Prepared signal coordination timing plans using Transyt-7F. • City Traffic Engineer, Livermore. City Traffic Engineer. Responsible for citywide daily traffic operation; provided professional traffic engineering support to City staff and public officials; conducted traffic studies including establishing speed limits; coordinated with outside agencies; applied for grants to fund transportation projects; responded to resident’s traffic concerns providing excellent customer service; liaison to the City Attorney and Risk Manager for traffic related claims and litigation; coordinated closely with the Police Department for enforcement and safety matters, with Public Works for operations and maintenance of traffic signals, lighting, signing, striping, traffic safety and served as liaison for Transit Authority on transit issues and School District on school related transportation issues; was the primary respondent to the Mayor and City Council regarding transportation related issues.

Engineering Services for HSIP CYCLE 12 Traffic Signal and Median Island Improvements CIP NO. 50128, HSIP-5351(049 | A-11
TALHA MAJEED | TASK LEAD FOR TOPOGRAPHIC SURVEY AND UTILITY COORDINATION Registration: N/A
Education: M.S., Transportation Engineering, San Jose State University, San Jose, CA | B.S., Civil Engineering, University of Sargodha, Sargodha, Pakistan | DAE., Civil Engineering, Construction Technology Training Institute, Islamabad, Pakistan Mr. Talha has three years of experience in transportation engineering and design. Mr. Talha excels working on diverse project ranging from signal design and road striping plans to local road safety plans.

He is proficient in AutoCAD design and drafting; his work reflects precision and innovation. Being committed to quality and eager to learn, Mr. Talha is on a promising trajectory in the dynamic realm of transportation engineering. Moreover, Mr. Talha’s experience extends across various jurisdictions in California, providing a comprehensive understanding of their standards. This familiarity minimizes errors and reduces the need for follow-ups, ensuring a streamlined and efficient project workflow.

Relevant Projects
• HSIP Traffic Signal Improvements Project, Palm Desert. Support Staff. Assisting with preparing the PS&E for a project that is funded by the HSIP. The project includes the installation of yellow retroreflective borders for 99 signals throughout the city. Conducted a field investigation to investigate all existing traffic signal back plates make/model and signal equipment to determine what is necessary to replace the backplates at each intersection. Prepared the traffic signal plans and estimate using current Caltrans and City standards. Completed the design PS&E and E-76 package in two months. Providing support during bidding and construction phase.
• Pedestrian Countdown Signal Head Installation, Alhambra. Support Staff. Assisting with preparing PS&E package for the City to replace existing pedestrian signal heads at 25 City owned signals citywide. The project is federally funded through a HSIP grant and requires NEPA Clearance and E-76 RFA for construction. Tasks included preparing the documentation while working with the City to get E-76 submittal approval from Caltrans as well as providing bid and construction support services during construction. • HSIP Citywide Traffic Signal Hardware Upgrade, Phase 2, Concord. As an Assistant Transportation Engineer, I assisted the City in preparing a successful grant application for Highway Safety Improvement Program Cycle 11 funds, which secured funding for Phase 2 signal hardware upgrades. This project involved upgrading 45 signalized intersections with new signal heads, yellow retroreflective border backplates, countdown pedestrian signal heads, upgraded controllers, and accessible pedestrian push buttons
• Traffic Signal Modification at Cypress & Machado, Oakley. Assistant Transportation Engineer assisting in preparing Plans for traffic signal modification at Cypress Road and Machado Lane for pedestrian safety improvements. • HSIP Cycle 11 Signal Upgrade Project, Yuba County. Assistant Transportation Engineer assisting in signal improvement plans at nine locations. This project includes replacement of signal lenses, back-plates with retroreflective borders, mountings, pedestrian countdown signal heads and traffic signal controller. • Citywide Streetlighting and Safety Improvements, Concord. Support Staff. Assisting with project upgrades to existing streetlighting fixtures at 5,582 locations and the installation of new streetlighting at 32 locations across major corridors.

Project scope includes signal upgrades at 12 intersections, installation of three sets of RRFBs and two High Intensity Activated CrossWalK (HAWK) systems.
• Traffic Signal Upgrade Project HSIP, Manteca. As an Assistant Transportation Engineer, contributed to the Traffic Signal Upgrade Project in Manteca. Responsibilities included inventorying signal controllers, firmware, and communications hardware at 47 intersections; identifying necessary upgrades; integrating asset data into the City’s VueWorks Asset Management System; designing a citywide wireless signal interconnect network and assisting in evaluating and selecting a Centralized Signal System.
• Sunrise Way and E. Palm Canyon Drive Intersection Signal Timing Optimization, Palm Springs. Assistant Transportation Engineer. Developed the signal timing to include leading pedestrian interval to enhance pedestrian safety.

Reviewed the signal timing parameters, including walk intervals, flash-don’t-walk intervals, yellow change intervals, red clearance intervals, and minimum green intervals, and conducted a field investigation to determine if existing pedestrian push button locations met ADA compliance. Prepared a Technical Memorandum to summarize these findings and compare existing conditions to CA MUTCD, PROWAG, ADA, and Caltrans Standards. Using these findings, prepared a plan sheet noting the improvements needed to make the existing pedestrian push buttons ADA compliant.

Engineering Services for HSIP CYCLE 12 Traffic Signal and Median Island Improvements CIP NO. 50128, HSIP-5351(049 | B-1
Appendix B
Required Forms
41 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

Nayan Amin President
71 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
Nayan Amin
President
925.463.0611 3/9/2026

NOT APPLICABLE
Certification of Indirect Costs and Financial Management System - Independent Office of Audits and Investigations - Revised 9/2022 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
Home Office Rate: and Field Office Rate (if applicable):

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 consultant’s one-year applicable accounting period for which financial statements are regularly prepared by the consultant.

I have reviewed the proposal to establish an ICR(s) for the fiscal period as specified above and have determined 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.
• All known material transactions or events that have occurred subsequent to year-end affecting the consultant’s ownership, organization, and indirect cost rates have been disclosed as of the date of this certification.

I am providing the required and applicable documents as instructed on the Financial Document Review Request form.

Financial Management System:

Our labor charging, job costing, and accounting systems meet the standards for financial reporting, accounting 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.

Our financial management system has the following attributes:
• 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 73
Certification of Indirect Costs and Financial Management System - Independent Office of Audits and Investigations - Revised 9/2022 • Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; • Internal controls to maintain integrity of financial management system; • 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 requirements.

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 3,200,323__________________ on all State and FAHP contracts for Architectural & Engineering services that the consultant received in the last three fiscal periods. • The number of states in which the consultant does business is • Years of consultant’s experience with 48 CFR Part 31 is • Identify the type of audits listed below that the consultant has had performed (if applicable):

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**:
**An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President, a Chief Financial Officer, or equivalent, who has authority to represent the financial information used to establish the indirect cost rate.

Note: Both prime and subconsultants as parties of a contract must complete their own forms. Caltrans will not process local agency’s invoices until a complete form is accepted and approved by the Independent Office of Audits and Investigations.
2 75
CALIFORNIA | FLORIDA | TEXAS
Corporate Oce 4305 Hacienda Drive, Suite 550, Pleasanton, CA 94588 925.463.0611 | www.TJKM.com
TJKM

EXHIBIT B

APPROVED FEE SCHEDULE
City of Pico Rivera
Engineering Services for HSIP Cycle 12 Traffic Signal and Medial Island Improvements CIP No. 50128, HSIP-5351(049)
Prepared by TJKM Transportation Consultants
Nayan
Amin
Ruta
Jariwala
Rutvij Patel Esmaeil
Balal
Talha
Majeed
Sanjith
John
PIC &
QA/QC
Project
Manager
Deputy
Project
Manager
Task Leads
Direct Salary $108.00 $108.00 $90.89 $86.66 $42.64 $38.48 Overhead 101.82% 101.82% 101.82% 101.82% 101.82% 101.82% Fringe 51.15% 51.15% 51.15% 51.15% 51.15% 51.15%
Profit 10.00% 10.00% 10.00% 10.00% 10.00% 10.00%
Billing Rate $300.53 $300.53 $252.92 $241.15 $118.65 $107.08 1 Project Management 8 24 24 56 15,687 $ 15,687 $ 4,826 $ 20,513 $ 2 Topogrpahic Survey and Utility Coordination 24 40 40 40 144 31,721 $ 27,240$ 58,961 $ -$ 58,961 $ 3 Preliminary Engineering 4 12 32 32 56 40 176 31,546 $ 31,546 $ 13,323 $ 44,869 $

3.1 Records Research and Field Reviews 4 16 16 16 52 11,006 $ 11,006 $ 2,464 $ 13,469 $

3.2 Conceptual Plans (35%) 4 8 16 16 40 40 124 20,541 $ 20,541 $ 10,859 $ 31,400 $ 4 Environmental Studies 14 14 3,541 $ 3,541 $ -$ 3,541 $ 5 Final Engineering 16 40 72 79 150 150 507 87,950 $ -$ 87,950 $ 41,256 $ 129,205 $

5.1 75% Submittal 4 16 16 24 40 40 140 24,874 $ 24,874 $ 14,789 $ 39,663 $

5.2 90% Submittal 8 16 40 40 80 80 264 45,034 $ 45,034 $ 13,941 $ 58,974 $

5.3 100% Submittal 4 8 16 15 30 30 103 18,042 $ 18,042 $ 12,526 $ 30,568 $ 6 Cost Estimates 2 8 8 8 8 34 7,907 $ 7,907 $ 5,721 $ 13,628 $ 7 Specifications 2 8 8 8 16 42 8,856 $ 8,856 $ 2,724 $ 11,580 $ 8 Right of Way Certification 4 8 16 28 5,124 $ 5,124 $ 4,822 $ 9,946 $ 9 Project Advertisement Services 4 8 8 20 5,155 $ 5,155 $ 1,142 $ 6,297 $ 10 Construction Support Services 4 8 16 16 44 8,982 $ 8,982 $ 7,830 $ 16,812 $ 11 Prepare Record Drawings (As-Builts) 2 4 8 14 2,562 $ 2,562 $ 1,907 $ 4,469 $ 32 130 226 191 310 190 1079 $ 209,031 $ 27,240 $ 236,271 $ 83,549 $ - $ 319,820 4 Environmental Studies $ 25,430 $ 345,250
TJKM ODC for Task 2 is Topographic Survey Vendor
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Siegfried
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Transportation Engineers

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 $319,820. 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. PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR

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

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

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

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

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

ARTICLE XIII. 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 XIV. 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 XV. 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 XVI. 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 XVII. 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 XVIII. 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 XIX. 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 XX. 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 XXI. 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 XXII. 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 XXIII. 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 XXIV. 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 XXV. 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 XXVI. 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 XXVII. TITLE VI ASSURANCES (APPENDIX A AND E)

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

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

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

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

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

To: Mayor and City Council
From: City Manager
Meeting Date: July 14, 2026
Subject: PROFESSIONAL SERVICES AGREEMENT WITH CINTAS
CORPORATION NO. 2 DBA CINTAS FIRST AID AND
SAFETY
Recommendation:

1. Approve a Professional Services Agreement with Cintas Corporation No. 2 dba Cintas First Aid and Safety for first aid kit products, automated external defibrillators (AEDs) and the monthly servicing of said defibrillators total not-toexceed amount of $180,000 for a three-year period; and

2. Authorize the City Manager to execute the agreement in a form approved by the City Attorney, pursuant to the City's cooperative purchasing provisions under the Pico Rivera Municipal Code.

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 this agreement. Adequate appropriations will be included in future fiscal year budgets to fund the estimated annual cost of approximately $60,000 in the same GL account.

Background:

Cintas First Aid and Safety (Cintas) has consistently provided the City of Pico Rivera (City) with reliable and comprehensive first aid supply management and AED maintenance services since 2016, demonstrating a proven track record of service reliability, regulatory compliance, and responsive customer support. Their program ensures that all first-aid cabinets are routinely inspected, restocked, and maintained in 14 Back to Outline
CITY COUNCIL AGENDA REPORT – MEETING OF JULY 14, 2026
PROFESSIONAL SERVICES AGREEMENT WITH CINTAS CORPORATION NO. 2

DBA CINTAS FIRST AID & SAFETY

accordance with OSHA standards, reducing administrative burden on staff and helping mitigate workplace risk. Additionally, Cintas’ AED maintenance services include regular inspections, battery and pad replacement, and compliance tracking, ensuring that lifesaving equipment always remains operational and ready for emergency use.

Discussion:

Procurement
While researching options for first-aid supply management and AED maintenance services for FY 2026-27 and beyond, staff identified OMNIA Partners (OMNIA) Contract No. 222886-01 with Cintas Corporation, which offers competitively priced services through a comprehensive competitive solicitation process conducted by OMNIA.

Consistent with the Pico Rivera Municipal Code (PRMC), the City may utilize cooperative purchasing agreements when it is in the City's best interest to obtain quality services at competitive prices through a competitively solicited and thoroughly vetted procurement process. Utilizing the OMNIA cooperative purchasing agreement eliminates the need for the City to conduct its own formal solicitation while ensuring competitive pricing through a nationally solicited and publicly awarded contract.

Continuing to utilize Cintas promotes operational efficiency by avoiding service disruptions associated with transitioning to a new vendor and leveraging a provider that is already familiar with the City's facilities and operational requirements. Based on Cintas' proven performance, competitive pricing, and its critical role in supporting employee safety, staff recommends continuing to use Cintas for first-aid supply and AED maintenance services under the OMNIA Partners cooperative contract.

Conclusion:

Staff recommend that the City Council approve the agreement with Cintas to provide first aid supply management and AED maintenance services to the City. Staff further recommend that the City Council authorize the City Manager to execute the agreement in a form approved by the City Attorney, pursuant to the City's cooperative purchasing provisions under the Pico Rivera Municipal Code.

Steve Carmona
SC:NK:sp
Enclosure(s):1) Professional Services Agreement
2) OMNIA Cooperative Agreement No. 222886-01
AGREEMENT NO. _______

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF PICO RIVERA AND
CINTAS CORPORATION NO. 2 (DBA CINTAS FIRST AID & SAFETY)

1. IDENTIFICATION
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Pico Rivera, a California municipal corporation (“City”) and Cintas Corporation No. 2 (dba Cintas First Aid & Safety) (“Contractor”). City and Contractor 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 Contractor to provide first aid kit products, automated external defibrillators (AEDs) (the “Products”) and monthly service of AEDs.

2.2 Contractor 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. Contractor 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 Contractor’s AED Service Agreement 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 Contractor’s AED Service Agreement attached hereto as Exhibit “B.”

3.3 “Commencement Date”: July 1, 2026

3.4 “Expiration Date”: June 30, 2029

3.5 Contract Documents shall include the following documents and in this order of preference: (1) this AED Agreement
Parties and Acknowledgment. Any terms not specifically agreed upon by Contractor, in writing, are not binding on Contractor. The Parties agree and acknowledge that 14a
Enclosure 1
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Professional Services Agreement

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Contractor will be City’s exclusive provider of first aid and safety goods and services for every City location that lies within Contractor’s normal operating service areas. By signing this Agreement, City agrees and acknowledges that City will execute a Delivery Confirmation (“Delivery Confirmation”) for each service requested by City, before Contractor installs the Product(s) requested hereunder. Such Delivery Confirmation will include additional terms and conditions, which are hereby incorporated into this Agreement and agreed to by City.

Term; Renewal; Charges. The initial term of this Agreement is 36 months, commencing on the delivery date of the first Product to the City, which shall be reflected in the first invoice from Contractor to City (“Initial Term”).

Cancellation; Return of Product(s). City may cancel this Agreement at any time with a 30-day advance written notification. If City terminates this Agreement prior to the end of the then-current term for any reason other than an uncured material breach by Contractor as set forth in this Agreement or if Contractor terminates this Agreement for a material breach by City, City shall pay all remaining Monthly Service Charges owed through the end of the then-current term. Upon any such cancellation, or at the expiration of this Agreement, Contractor shall regain possession of the Product(s) in the same condition as originally delivered, ordinary wear and tear excepted, provided however that City shall have the option to purchase any Devices for $399 each at the time of such cancellation or expiration. City acknowledges Contractor shall be entitled to repossess the Product(s) following cancellation or expiration of this Agreement and City shall grant Contractor access to the Product(s) for such purposes. Without limiting the enforceability of any other provision of this Agreement, after termination or expiration, the Parties specifically agree that the provisions of the foregoing paragraph will survive, and continue to be binding on the Parties, after any expiration or termination of this Agreement.

Replacement Cost. In the event any Product is lost, stolen, or damaged beyond repair, City will reimburse Contractor for Contractor’s actual cost to replace such Product, which shall include the cost of the replacement Product, all necessary labor to install the replacement Product or remove the existing Product, and all other cost actually incurred by Contractor to replace such Product (“Replacement Cost”). The payment of the Replacement Cost does not release City of its obligations under the terms and conditions of this Agreement. City agrees to make the Products available to Contractor for maintenance during the then-current term.

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 this Agreement.

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5. CONTRACTOR’S SERVICES

5.1 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 this Agreement exceed the sum of One Hundred Eighty Thousand Dollars ($180,000) unless specifically approved in advance, in writing, by City.

5.2 Contractor shall perform all work to the prevailing professional standards of Contractor’s profession and in a manner reasonably satisfactory to City.

6. COMPENSATION

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

6.2 Contractor 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 Contractor 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 Contractor. If the City disputes any invoices, it shall only do so in good faith an shall provide documentation to Contractor substantiating the City’s dispute.

6.3 Payments for any services requested in writing by City and not included in the Scope of Services shall be made to Contractor by City on a time-and-materials basis using Contractor’s standard fee schedule. Fees for such additional services shall be paid within thirty (30) days of the date Contractor issues an invoice to City for such services.

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

8. COMPLIANCE WITH LAWS
Contractor shall keep informed of State, Federal and Local laws, ordinances, codes and regulations that in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Contractor shall at all Professional Services Agreement

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times comply with such laws, ordinances, codes and regulations. Without limiting the generality of the foregoing, if Contractor 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 Contractor to comply with this Section.

9. CONFLICT OF INTEREST
Contractor 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 Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. During the term of this Agreement, Contractor shall not perform any work for another person or entity for whom Contractor was not working at the Commencement Date if such work would require Contractor to abstain from a decision under this Agreement pursuant to a conflict-of-interest statute.

10. PERSONNEL
Contractor 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 Contractor or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor’s services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City’s premises.

Draeland James, General Manager, shall be Contractor’s project administrator and shall have direct responsibility for management of Contractor’s performance under this Agreement. No change shall be made in Contractor’s project administrator without City’s prior written consent, which consent shall not be unreasonably conditioned, withheld or delayed.

11. OWNERSHIP OF WRITTEN PRODUCTS
All reports, non-proprietary documents or other written material (“written products”) developed by Contractor 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.

Contractor 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 Contractor. If any state, federal, or local law requires mandatory copyright protection for Contractor’s work product, City shall comply with such laws to the extent feasible.

12. INDEPENDENT CONTRACTOR
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12.1 Contractor is, and shall at all times remain as to City, a wholly independent Contractor. Contractor 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 Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor 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 Contractor or Contractor’s employees except as set forth in this Agreement.

12.3 City shall have no direct or indirect control over Contractor’s employees or sub-Contractors with respect to wages, hours, and working conditions. In addition, City shall not deduct from the Compensation paid to Contractor 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 Contractor, Contractor’s employees or subcontractors. City shall have no responsibility to provide Contractor, its employees or subcontractors with workers’ compensation insurance or any other insurance.

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

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

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

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 Contractor’s negligent 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 in the event of Contractor’s negligence or willful misconduct. Contractor acknowledges that City would not enter into this Agreement in the absence of Contractor’s commitment to indemnify and protect City as set forth herein. Notwithstanding the foregoing, to the extent Contractor'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 Contractor.

15.2 To the full extent permitted by law, Contractor 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 to the extent resulting from or arising out of any intentional, reckless, negligent act, or otherwise wrongful acts, errors or omissions of Contractor or any of its officers, employees, servants, agents, or subcontractors in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel and expert witness fees and Contractor fees.

Notwithstanding the foregoing, to the extent Contractor'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 Contractor.

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

15.4 In the event Contractor fails to obtain such indemnity obligations from others as required herein, Contractor 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, Professional Services Agreement

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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 intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Contractor’s subcontractors or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of and expert witness fees and Contractor fees.

15.5 City does not, and shall not, waive any rights that it may possess against Contractor 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.

15.6 PERS ELIGIBILITY INDEMNITY. In the event that Contractor or any employee, agent, or subcontractor of Contractor 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, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, 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, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

16. INSURANCE

16.1 During the term of this Agreement, Contractor 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 Contractor’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 Contractor providing insurance for bodily injury liability and property damage Professional Services Agreement

CINTAS FIRST AID & SAFETY

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 Contractor’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 Contractor, its employees or subcontractors, in the amount of One Million Dollars ($1,000,000) per accident for bodily injury and property damage.

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

16.1.4 Professional Liability Insurance against errors and omissions in the performance of the work under this Agreement with coverage limits of not less than One Million Dollars ($1,000,000) per occurrence of claim/ Two Million Dollars ($2,000,000) in the aggregate.

16.2 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.

16.3 Contractor 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 Contractor’s expense, the premium thereon.

16.4 At all times during the term of this Agreement, Contractor shall maintain on file with City’s Risk Manager a certificate or certificates of insurance showing that the Professional Services Agreement

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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, but only to the extent of Contractor’s indemnity obligations. Contractor shall, prior to commencement of work under this Agreement, file with City’s Risk Manager such certificate(s).

16.5 Contractor 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. Contractor shall provide such proof to City at least two weeks prior to the expiration of the coverages.

16.6 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, but only to the extent of Contractor’s indemnity obligations. 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. Contractor 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.

16.7 The general liability and automobile policies of insurance provided by Contractor shall be primary to any coverage available to City, but only with respect to Contractor’s indemnity obligations.

16.8 All insurance coverage provided pursuant to this Agreement shall not prohibit Contractor, and Contractor’s employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against the City but only with respect to Contractor’s indemnity obligations.

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

16.10 If Contractor 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 Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City, but only to the extent of Contractor’s indemnity obligations.

17. MUTUAL COOPERATION

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

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

18. RECORDS AND INSPECTIONS
Contractor 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. Upon 10-day written notice to Contractor, 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
Contractor 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 Contractor’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the Parties may, from time to time, designate in writing).

If to City: If to Contractor:

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

Pico Rivera, CA 90660-1016
Facsimile: (562) 801-4765
Draeland James, General Manager
Cintas Corporation No. 2 dba
Cintas First Aid & Safety
4320 E. Miraloma
Anaheim, CA 92807
With a courtesy copy to:

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

Contractor agrees that in the event of such termination, City’s obligation to pay Contractor shall be limited to payment only for those services satisfactorily rendered, as solely determined by the City, prior to the effective date of termination. Contractor 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 Contractor, then Contractor shall be paid based on the work satisfactorily performed, as solely determined by the City, at the time of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the services required by this Agreement.

23. ASSIGNMENT
Contractor 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 Contractor.

24. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY

24.1 In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor, 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. Contractor will take affirmative action to ensure that subcontractors, 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 Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor state either that it is an equal opportunity employer or that all Professional Services Agreement

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

25. WARRANTIES

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

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

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

26. CAPTIONS

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

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

27. NON-WAIVER
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27.1 The waiver by City or Contractor 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 Contractor 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 Contractor, 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 Contractor 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 Contractor shall not be liable for any failure to perform if Contractor 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 Contractor.

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. Any dispute arising under this Agreement shall be determined on an individual basis, shall be considered unique as to its facts, and shall not be consolidated in any arbitration or other proceeding with any claim or controversy or any other party.

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.

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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 Contractor 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 Contractor.

33. AED WARRANTY PASSTHROUGH
City acknowledges that all AED devices provided under this Agreement will be subject to the warranty provided by the manufacturer of the AED and not Contractor. City acknowledges that Contractor makes no warranty, representation or covenant, express or implied, with respect to the AED products and hereby releases Contractor from any claim or liability associated with the use of the AED. In addition, Contractor warrants that the services performed by it will be performed in a professional, workmanlike manner and will substantially conform to the specifications of the service at the time of performance.

34. AED LIMITATION OF LIABILITY

34.1 City acknowledges and agrees that Contractor cannot predict the potential amount, extent, or severity of any damages or injuries that City or others may incur due to the failure of any AED to work as intended. IF CONTRACTOR OR ITS

REPRESENTATIVES ARE HELD LIABLE FOR ANY REASON FOR ANY LOSS,

INJURY, OR DAMAGES OF ANY KIND THAT ARISES OUT OF, RESULTS FROM, OR

IS RELATED TO THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, LOSSES, Professional Services Agreement

CINTAS FIRST AID & SAFETY

INJURIES OR DAMAGES RESULTING FROM CONTRACTOR'S SOLE OR PARTIAL

NEGLIGENCE, WHETHER ACTIVE OR PASSIVE), CITY AGREES AND WARRANTS

THAT CONTRACTOR'S AND ITS REPRESENTATIVES' COLLECTIVE LIABILITY TO

CITY, ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, INVITEES, AND ANY THIRD PARTY SHALL BE LIMITED EXCLUSIVELY TO $1,000 AS LIQUIDATED DAMAGES. If City wishes to increase the limitation of liability, City may, as of right, enter into a supplemental agreement with Contractor to obtain a higher limit by paying an additional amount consistent with the increase in liability. CITY AGREES THAT THE

LIMITS ON THE LIABILITY OF CONTRACTOR AND THE WAIVERS SET FORTH IN

THIS ADDENDUM ARE A FAIR ALLOCATION OF RISKS AND LIABILITIES BETWEEN CONTRACTOR, CITY AS “CUSTOMER,” AND ANY OTHER AFFECTED PARTIES.

CITY ACKNOWLEDGES AND AGREES THAT WERE CONTRACTOR TO HAVE

LIABILITY GREATER THAN THAT STATED ABOVE, IT WOULD NOT SELL THE AED DEVICES TO CITY AT THE PRICES SET FORTH IN THE ADDENDUM. Neither party shall be liable to the other or any other person for any incidental, punitive, speculative, or consequential damages of any type, including, but not limited to, loss of profits or business opportunity; provided that the foregoing limitation shall not apply to indemnify for a third party claim pursuant to City’s indemnification obligations set forth herein.

34.2 PREVAILING WAGE/LIVING WAGE. City represents and warrants that this Agreement is not subject to laws pertaining to prevailing wages, living wages, or other wage and/or benefit requirement established by law (“Wage Statutes”). City agrees and acknowledges that it will not attempt to enforce any Wage Statutes in relation to this Agreement and City hereby waives and releases Contractor from any and all fines, penalties, interest, or other costs, expenses, or charges of any type imposed by any federal, state, or local authority in relation to Contractor’s failure to satisfy any such Wage Statutes in relation to the Agreement.

35. AED OFFERINGS
City may purchase Automated External Defibrillators from Contractor under this Agreement at agreed upon prices. To the extent requested by City, Contractor will deliver AED Services to: (1) AEDs provided from Contractor to City (“Contractor-Provided AEDs”), (2) AEDs sold from Contractor to City (“Purchased AEDs”), and/or (3) AEDs that the City owned before entering into this Agreement or that City obtained (in any manner) from a third-party before or during this Agreement (“City AEDs”). Contractor-Provided AEDs, Purchased AEDs, and City AEDs are collectively referred to as “AED Devices,” and for the avoidance of doubt, all references to AEDs herein include reference to the component parts of such AED, including batteries and pads. Contractor’ AED Services are limited to providing AED software updates when available and providing periodic service visits (at a minimum, once every six months) to check expiration dates of the battery and set of pads, to replace them if expired, and to confirm the status of the AED Professional Services Agreement

CINTAS FIRST AID & SAFETY

Device(s) through a visual inspection of the AED status indicator (“AED Services”). City acknowledges that the scope of services expressly excludes: performance of a risk or hazard analysis of any kind or type, providing regulatory guidance, or providing recommendations regarding the type, number, and placement or location of AED Device(s) at City’s facility. In determining the placement or location of AED Device(s), City acknowledges, and will take into consideration, that the environment in which AED Device(s) are located (including but not limited to, environments that may expose the AED Device(s) to high/low temperatures, humidity, and/or water) may affect the operability and/or functionality of such AED Device(s) and City agrees to assume all risk of loss for, and defend, indemnify, and hold Contractor harmless from all liabilities and damages arising from an AED Device being located in an environment that may affect its operability and/or functionality. City acknowledges that as part of the AED Services, Contractor may replace expired batteries or sets of pads in relation to City AEDs and/or Purchased AEDs.

In such event, City will be charged, and agrees to pay, a commercially reasonable fee (in addition to all other fees due hereunder) for the replacement of the battery and/or pads.

For the avoidance of doubt, Contractor has no obligation to provide AED Services, access to a third party that provides medical direction, or any other service in relation to Purchased AEDs and City AEDs unless City provides a written request for such AED Services for specific City locations, such request is accepted by Contractor, and City pays for such AED Services.

36. CITY AEDs
City acknowledges that Contractor reserves the right to refuse to provide AED Service on any City AED at Contractor’ discretion. Without limiting the foregoing, City agrees and acknowledges that Contractor will not provide AED Services in relation to City AEDs, unless such City AEDs are Zoll or Defibtech branded AED Devices.

Notwithstanding anything to the contrary herein, City agrees that Contractor makes no warranty of any kind in relation to City AEDs and expressly disclaims every warranty, representation, covenant, and guarantee, whether express or implied in connection with City AEDs including without limitation, the implied warranties of merchantability and fitness for a particular purpose and Contractor will not be liable in any way for any damages caused by or relating to City AEDs, and further City agrees to indemnify, defend, and hold Contractor harmless against all claims and damages related in any way to any City AED. Notwithstanding anything to the contrary herein, City acknowledges that Contractor will only be responsible for providing AED Services to the specific AED Devices that are identified in Contractor’ system as requiring service from Contractor and Contractor agrees to provide a list of those AED Devices by serial number if requested.

City agrees that Contractor has the right to collect all information related to AED Devices as necessary to update Contractor’ system. City agrees Contractor has no liability or responsibility of any kind in relation to AED Devices on City property that are not receiving Professional Services Agreement

CINTAS FIRST AID & SAFETY

AED Services from Contractor and City releases and agrees to indemnify and hold Contractor harmless from all liability that may arise in relation to such AED Devices.

37. PURCHASED AEDs
Purchased AEDs will be delivered within a reasonable time after the date of purchase, subject to availability. Contractor shall not be liable for any delays, loss or damage in transit. City shall take delivery of the Purchased AEDs within two (2) days of the date the Purchased AEDs are delivered to City. Contractor may, in its sole discretion, without liability or penalty, make partial shipments of Purchased AEDs to City. Each shipment will constitute a separate sale, and City shall pay for the units shipped whether such shipment is in whole or partial fulfillment of the quantity purchased. Title and risk of loss pass to City upon delivery of the Purchased AEDs. City shall inspect the Purchased AEDs upon receipt (“Inspection Period”). City will be deemed to have accepted the Purchased AEDs unless it notifies Contractor in writing of any material defect of Purchased AEDs during the Inspection Period and furnishes such written evidence or other documentation as required by Contractor. If City timely notifies Contractor of any defective Purchased AEDs, Contractor shall, in its sole discretion, (a) replace such defective Purchased AEDs, or (b) credit or refund the price for such defective Purchased AEDs. City acknowledges and agrees that the remedies set forth in this section are City’s exclusive remedies for the delivery of defective Purchased AEDs. Except as provided this section, all sales of Purchased AEDs to City are made on a one-way basis and City has no right to return Purchased AEDs under this Agreement to Contractor.

TO EFFECTUATE THIS AGREEMENT, the Parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “CITY” “CONTRACTOR”
CITY OF PICO RIVERA CINTAS CORPORATION NO. 2

DBA CINTAS FIRST AID & SAFETY
______________________________ ___________________________________ Steve Carmona, City Manager Draeland James, General Manager Dated: ________________________ Dated: _____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ ___________________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney Professional Services Agreement

CINTAS FIRST AID & SAFETY

EXHIBIT A

SCOPE OF SERVICES
• Provide and replenish first aid kit products on a monthly basis • Provide and service automated external defibrillators (AEDs) on a monthly basis Professional Services Agreement

CINTAS FIRST AID & SAFETY

EXHIBIT B

APPROVED FEE SCHEDULE
AED Monthly Service Charge: $99 per AED Unit
First Aid Monthly Service Charge: $6.01
Replenishment of First Aid Products: Variable cost based on monthly need To: Mayor and City Council
From: City Manager
Meeting Date: July 14, 2026
Subject: AGREEMENT WITH ELVIS SHOW SOCAL FOR PROFESSIONAL

SOUND, STAGE AND LIGHTING ENGINEER CONTRACTOR FOR

CITYWIDE SPECIAL EVENTS
Recommendation:

1. Award a three (3) year General Services Agreement with two (2) year renewal option to Elvis Show SoCal for professional sound and audio engineering services for an annual amount of approximately $102,000, for a not-to-exceed grand total amount of $306,000; and

2. Authorize the City Manager or his designee to execute the agreement and any necessary amendments, in a form approved by the City Attorney.

Strategic Priority:
5 - Community Engagement - Foster a connected, collaborative, and actively participating City and workforce.

Strategy:

5.1 Increase community participation and inclusion to cultivate a powerful sense of community pride and public awareness.

Fiscal Impact:

The fiscal year (FY) 2026-27 Adopted Budget includes adequate appropriations to cover the annual cost of approximately $102,000 for professional sound and audio engineering services under Account No. 100.80.8102-54500 (Contracted Services). No additional budget appropriations are needed at this time. Future appropriations will be budgeted as needed in subsequent fiscal years.
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CITY COUNCIL AGENDA REPORT – MEETING OF JULY 14, 2026

AGREEMENT WITH ELVIS SHOW SOCAL FOR PROFESSIONAL SOUND, STAGE

AND LIGHTING ENGINEER CONTRACTOR FOR CITYWIDE SPECIAL EVENTS

Background:

The City of Pico Rivera’s special events represent some of the most visible, anticipated, and impactful services we provide to our community. These events are more than programming, they are the heart of the city, reflecting its identity, culture, and commitment to bringing people together. From large-scale celebrations such as Summer Street Festivals to seasonal Farmers Markets, these experiences create meaningful opportunities for residents to connect, celebrate, and engage.

Given the scale, visibility, and significance of these events, the City of Pico Rivera (City) is committed to delivering experiences at a high level of excellence, professionalism, and technical precision. Production quality, particularly sound and audio, is critical to the success of each event, directly influencing audience engagement, safety, and overall experience.

As such, the City sought professional sound services and audio engineering contractors who demonstrate not only technical expertise, but also the ability to operate at a high caliber of execution. This includes delivering reliable, high-quality audio in dynamic outdoor environments, supporting diverse programming needs, and maintaining a strong commitment to coordination, responsiveness, and excellence in service delivery.

Discussion:

On Tuesday, May 5, 2026, the City released a Request for Bids (RFB) through the City’s online procurement portal, PlanetBids for professional sound services and audio engineering contractors. The scope of services requires the selected contractor to provide all necessary labor, materials, equipment, and other work required to provide professional sound, stage, lighting, and screen services for nine (9) annual City events.

Bid Proposals were due on May 19, 2026, and the City received four (4) proposals. To ensure a fair comparison of bids, the RFB requested that contractors submit bid prices for specific annual events, with outlined event hours and equipment required for each.

Contractors were required to submit bids on nine (9) annual City special events in the RFB. The bids received are summarized below:

Company Average
Score Rank Bid Amount
Elvis Show Socal 4.52 1 $102,000.00
Swell Productions 3.78 2 $104,750.00
The Tech 10 Group 3.37 3 $184,786.00
Brahma Media Group,
Inc. 3.23 4 $264,800.00
CITY COUNCIL AGENDA REPORT – MEETING OF JULY 14, 2026

AGREEMENT WITH ELVIS SHOW SOCAL FOR PROFESSIONAL SOUND, STAGE

AND LIGHTING ENGINEER CONTRACTOR FOR CITYWIDE SPECIAL EVENTS

Proposals were evaluated by staff based on the following criteria:
• Cost/Overall Price
• Relevant Experience
• Municipal Event Experience
• Staffing & Personnel Qualifications
Following a thorough review of the submitted proposals, staff have identified Elvis Show SoCal as the most qualified sound services and audio engineer contractor. They have demonstrated a history of delivering high-quality, reliable, and professional sound, stage, and audio services for neighboring cities, events, and public agencies across Southern California. Staff also contacted the contractor's references, all of which provided positive feedback regarding the quality of services, reliability, and professionalism, and staff are satisfied with the references received.

Their bid proposal reflects a strong reliable capacity to support the City’s wide range of special events including large-scale events like Summer Street Festivals. Elvis Show SoCal offers timely delivery, setup, operation, breakdown, and cleanup of all required equipment needs. Additionally, they have the ability to accommodate weekday, weekend, evening, and holiday events.

The combination of service quality, safety performance, regulatory compliance, and competitive pricing positions Elvis Show SoCal as the best suited to meet the City’s special event needs while providing reliable and cost-effective options for the Parks & Recreation Department.

Conclusion:

Staff recommend awarding a General Services Agreement to Elvis Show SoCal for professional sound and audio engineering services for a term of three (3) years with a two (2) year renewal option to extend under mutual agreement, for an annual amount of approximately $102,000. Total compensation shall not exceed $306,000 over the next three years. In addition, authorize the City Manager or his designee to execute the agreement on a form approved by the City Attorney.

Steve Carmona
SC:PY:MP:cr
Enclosure: 1) General Services Agreement
Enclosure 1
AGREEMENT NO. ______

GENERAL SERVICES AGREEMENT

BETWEEN THE CITY OF PICO RIVERA AND

ELVIS SHOW SOCAL
This GENERAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 1st day of July, 2026, by and between the CITY OF PICO RIVERA, a California municipal corporation (“City“) and ELVIS SHOW SOCAL, a California Corporation (“Contractor”).

City and Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.”
The Parties agree as follows:

1. RECITALS.

1.1 City has determined that it requires professional services from a contractor to provide professional sound, stage, lighting, and screen services for City special events for fiscal calendar years 2026-2029.

1.2 Contractor represents that it is fully qualified to perform such services by virtue of its experience, training, education, and expertise of its principal employees. Contractor 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.

2. DEFINITIONS.

2.1 “Scope of Services”: such professional services are set forth in Contractor’s proposal to City dated May 19, 2026, attached hereto as Exhibit “A” and incorporated herein by this reference.

2.2 “Approved Fee Schedule”: Such compensation rates as are set forth in the Contractor’s proposal to City are attached hereto as Exhibit “A.”

2.3 “Commencement Date”: July 14, 2026.

2.4 “Expiration Date”: June 30, 2029. (the “Initial Term” with an option to extend for an additional two (2) years.

3. 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 14 below. 15a
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General Services Agreement

ELVIS SHOW SOCAL

4. PERFORMANCE.

4.1 Contractor shall perform the work listed in Exhibit “A.”

4.2 Contractor and City shall both abide by the terms and conditions contained in this Agreement.

4.3 Contactor shall not perform any work under this Agreement until:
i. Contractor furnishes proof of insurance as required under Section 13 (Insurance) of this Agreement; and
ii. City gives Contractor a written Notice to Proceed (NTP).

If Contractor begins work in advance of receiving the written NTP, any such professional services are at Contractor’s own risk.

5. CONTRACTOR’S SERVICES.

5.1 Contractor shall perform services listed in the attached Exhibit “A.”

5.2 Contractor shall, in a workmanlike manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, all tests, testing and analyses, calculations, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by City, necessary or proper to perform and complete the work and provide the professional services required of Contractor by this Agreement.

5.3 Contractor shall secure as its own expense, all personnel required to perform the services identified in this Agreement. Contractor shall supervise all such work.

5.4 Contractor may determine the assignment of its own employees to the performance of Contractor’s services under this Agreement, but City may require Contractor to exclude any employee (for good cause) from performing services on City’s premises.

6. COMPENSATION.

6.1 City shall compensate Contractor for the services provided under this Agreement, and Contractor shall accept in full satisfaction for such services, payment in accordance with the Approved Fee Schedule noted in Exhibit “A.” In no event shall the total compensation and costs payable to General Services Agreement

ELVIS SHOW SOCAL

Contractor under this Agreement exceed the sum of THREE HUNDRED AND SIX THOUSAND ($306,000) for the initial Term; unless amended in advance, in writing, by City. Should the Parties exercise the option to extend the term for an additional two (2) years, the compensation for those two (2) years shall be negotiated in good faith, recited in a further written amendment to this Agreement, and executed by the Parties.

6.2 City shall pay Contractor on a monthly basis an amount set forth in the attached Exhibit “A,” which is incorporated by reference, for Contractor’s services. CITY will pay such amount promptly, but not later than thirty (30) days after receiving Contractor’s invoice.

6.3 Contractor shall submit to City an invoice, on a monthly basis or less frequently for the services performed pursuant to this Agreement.

Contractor shall provide an itemized invoice including each of the services rendered during the billing period and the amount due. Within ten (10) business days of receipt of each invoice, City shall notify Contractor 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 Contractor.

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

7. REPRESENTATIONS AND WARRANTIES.

7.1 By executing this Agreement, Contractor represents and warrants that Contractor:
i. Possesses the experience, education, expertise, and training necessary to fulfill the professional services set forth in this agreement in a good workmanlike manner;
ii. Carefully chose their principals and employees to complete the professional services contemplated in this Agreement and such individuals are fully qualified to perform such services; iii. Is duly qualified to conduct work in the State of California in accordance with the laws of the State of California;
General Services Agreement

ELVIS SHOW SOCAL

iv. Thoroughly investigated and considered the scope of services to be performed;
v. Carefully considered how the services should be performed; and vi. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

7.2 If services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder.

Should Contractor discover any latent or unknown conditions that may materially affect the performance of the services, Contractor will immediately inform City of such fact and will not proceed except at Contractor’s own risk until written instructions are received from CITY.

8. PREVAILING WAGES.

If required by applicable state law, including, without limitation, Labor Code Sections 1720 (as amended by AB 975 (2001)), 1771, 1774, 1775, and 1776, Contractor must pay its workers’ prevailing wages. It is Contractor’s responsibility to interpret and implement any prevailing wage requirements and Contractor agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. In accordance with Labor Code section 1773.2, copies of the prevailing rate of per diem wages are available upon request from City’s Engineering Division or the website for the State of California Prevailing Wage Determinations at http://www.dir.ca.gov/DLSR/PWD. A copy of the prevailing rate of per diem wages must be posted at the job site.

9. BUSINESS LICENSE.

Contractor shall obtain a City business license prior to commencing performance under this Agreement.

10.COMPLIANCE WITH LAWS.

Contractor 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. Contractor shall at all times comply with such laws, ordinances, codes, and regulations. Without limiting the generality of the foregoing, if the Contractor 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. City, its officers, and its employees shall not be liable at law or in equity occasioned by the failure of Contractor to comply with this Section.

General Services Agreement

ELVIS SHOW SOCAL

11.CONFLICT OF INTEREST.

Contractor 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 Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. During the term of this Agreement, Contractor shall not perform any work for another person or entity for who Contractor was not working at the Commencement Date if both: (i) such work would require Contractor 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 Contractor’s performance of such work.

12.CONFIDENTIALITY.

All data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without prior written consent of 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.

13.INSURANCE.

13.1 During the term of this Agreement, Contractor 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 Contractor’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:

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

13.1.1.1 Premises, operations, and mobile equipment,

13.1.1.2 Products and completed operations,

13.1.1.3 Broad form property damage (including completed operations),

13.1.1.4 Explosion, collapse, and underground hazards,

13.1.1.5 Personal Injury, and

13.1.1.6 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 General Services Agreement

ELVIS SHOW SOCAL

Contractor’s work under this Agreement.); and Five Million Dollars ($5,000,000) umbrella or excess liability.

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

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

13.2 Contractor shall require each of its subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.

13.3 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 as stated in the latest edition of Best’s Insurance Guide.

13.4 Contractor 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 Contractor’s expense, the premium thereon.

13.5 At all times during the term of this Agreement, Contractor 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. Contractor shall, prior to commencement of work under this Agreement, file with City’s Risk Manager such certificate(s).

13.6 Contractor 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. Contractor shall provide such proof to City at least two weeks prior to the expiration of the coverages.

13.7 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. Contractor agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that General Services Agreement

ELVIS SHOW SOCAL

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.

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

13.9 All insurance coverage provided pursuant to this Agreement shall not prohibit Contractor and its employees, agents, or subcontractors from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against City.

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

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

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

14.TERMINATION.

14.1 City may terminate this Agreement for any reason on five (5) calendar days’ written notice to Contractor. Contractor may 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. Contractor agrees that in the event of such termination, City’s obligation to pay Contractor shall be limited to payment only for those services satisfactorily rendered, as solely determined by City, prior to the effective date of termination. Contractor 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.

General Services Agreement

ELVIS SHOW SOCAL