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HomeMy WebLinkAbout2026.06.16 Agenda Packet - Regular Meeting________________________________________________________________________________________________________________________ City of Diamond Bar City Council City of Diamond Bar City Council Agenda Steve Tye, Mayor Ruth M. Low, Mayor Pro Tem Andrew Chou, Council Member Stan Liu, Council Member Chia Yu Teng, Council Member City Manager Dan Fox ● City Attorney Omar Sandoval ● City Clerk Kristina Santana Meeting Date: Tuesday, June 16, 2026 Regular Meeting 6:30 p.m. South Coast Air Quality Management District/Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 WELCOME TO A MEETING OF THE DIAMOND BAR CITY COUNCIL Meetings are open to the public, and you are invited to attend and participate. Agendas for regular City Council meetings are available 72 hours prior to the meeting and are posted in the City’s regular posting locations, on DBTV and on the City’s website. The City Council may take action on any item listed on the agenda. HOW TO ACCESS THE MEETING REMOTELY Television: Spectrum Cable Channel 3 and Frontier FiOS television Channel 47 Internet: City’s YouTube Channel (diamondbarca.gov/youtube) Listen-Only: Call +1 (914) 614-3221, Access Code: 644-564-348 Participate: Join Go To Webinar (https://attendee.gotowebinar.com/register/3996685640358202200) RESOURCES Copies of agendas and agenda packets are on file and available for public inspection at the City Clerk's Office at 21810 Copley Drive, Diamond Bar, CA 91765 or online at www.diamondbarca.gov/agendas. For more information about agendas or rules of the City Council, please email the City Clerk's office (cityclerk@diamondbarca.gov) or call 909-839-7010. AMERICANS WITH DISABILITY ACT ACCOMMODATION In compliance with the Americans with Disabilities Act, if you need special assistance, a disability- related modification or accommodation, agenda materials in an alternative format, or auxiliary aids to participate in this meeting, please email the City Clerk's office (cityclerk@diamondbarca.gov) or call 909-839-7010 as soon as possible. Providing at least 72 hours’ notice will help ensure that reasonable arrangements can be made. PUBLIC INPUT The public may provide public comment by attending the meeting in person, by sending an email, or by logging into the teleconference. Please email public comments to the City Clerk (cityclerk@diamondbarca.gov) by 4:00 p.m. on the day of the meeting and indicate in the Subject Page 1 of 655 Diamond Bar City Council Agenda June 16, 2026 ________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________ City of Diamond Bar City Council Line “FOR PUBLIC COMMENT.” Written comments will be distributed to the City Council Members, noted for the record at the meeting, and posted on the City’s official agenda webpage: www.diamondbarca.gov/agendas. Please note that the meeting will proceed at the South Coast Air Quality Management District/Main Auditorium should comments by teleconferencing become infeasible due to an internet or power outage, or due to technical problems outside the City's control. If you wish to make certain that your comments are heard, please attend the meeting in person or send an email by 4:00 p.m. on the day of the meeting/hearing. Speakers are limited to five (5) minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk. Public comments must be directed to the City Council. A person who disrupts the orderly conduct of the meeting after being warned by the Mayor or the Mayor’s designee that their behavior is disrupting the meeting may result in the person being removed from the meeting. LIVE MEETING NOTICE This meeting is being video recorded and by participating you are giving your permission to be televised. This meeting will be rebroadcast every Saturday and Sunday at 9:00 a.m. and alternate Tuesdays at 8:00 p.m. Page 2 of 655 Diamond Bar City Council Agenda June 16, 2026 ________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________ City of Diamond Bar City Council 1. CALL TO ORDER: 6:30 p.m., Main Auditorium PLEDGE OF ALLEGIANCE: Mayor Tye INVOCATION: Deacon Alfred Guerrero, St. Denis Catholic Church ROLL CALL: Council Members Chou, Liu, Teng, Mayor Pro Tem Low, Mayor Tye APPROVAL OF AGENDA: Mayor Tye 2. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None. 3. CITY MANAGER REPORTS AND RECOMMENDATIONS: 4. PUBLIC COMMENTS: “Public Comments” is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or other matters of interest not on the agenda that are within the subject matter jurisdiction of the Council. Although the City Council values your comments, pursuant to the Brown Act, members of the City Council or Staff may briefly respond to public comments if necessary, but no extended discussion and no action on such matters may take place. There is a five-minute maximum time limit when addressing the City Council. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting - June 23, 2026 - cancelled. 5.2 Free Catalytic Converter Etching - June 24, 2026, 9:00 - 11:00 a.m., Calvary Chapel Golden Springs, 22324 Golden Springs Dr. 5.3 Coffee with a Cop - July 2, 2026, 9:00 - 11:00 a.m., Reborn Coffee, 1138 S. Diamond Bar Blvd. 5.4 Independence Day Holiday - July 3, 2026 - City Offices Closed. 5.5 City Council Meeting - July 7, 2026 - cancelled. 5.6 Traffic and Transportation Commission Meeting - July 9, 2026, 6:30 p.m., Windmill Room, 21810 Copley Dr. 5.7 Used Oil Filter Exchange Event - July 11, 2026, 9:00 a.m. - 12:00 p.m., 303 W. Diamond Bar Blvd. 5.8 Planning Commission Meeting - July 14, 2026 - 6:30 p.m. Windmill Room, 21810 Copley Dr. 5.9 City Council Meeting - July 21, 2026, 2026, 6:30 p.m., South Coast Air Quality Management District - Auditorium, 21865 Copley Dr. . . . Page 3 of 655 Diamond Bar City Council Agenda June 16, 2026 ________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________ City of Diamond Bar City Council . 6. CONSENT CALENDAR: All items listed on the Consent Calendar are considered by the City Council to be routine and will be acted on by a single motion unless a City Council Member or member of the public request otherwise, in which case, the item will be removed for separate consideration. 6.1 City Council Minutes of the June 2, 2026 Regular Meeting. Recommended Action: Approve the June 2, 2026 Regular City Council Meeting Minutes. 6.2 Ratification of Check Register Dated May 20, 2026 through June 2, 2026 totaling $791,404.73. Recommended Action: Ratify the Check Register. 6.3 Treasurer's Statement. Recommended Action: Approve the May 2026 Treasurer’s Statement. 6.4 Professional Services Agreement with Diana Cho and Associates through June 30, 2031. Recommended Action: Approve, and authorize the City Manager to sign, the Professional Services Agreement with Diana Cho and Associates for CDBG Program administration services through June 30, 2031. 6.5 Professional Services Agreement with FRJ & Associates. Recommended Action: Approve, and authorize the City Manager to sign, the Professional Services Agreement with FRJ & Associates to administer the Home Improvement Program through June 30, 2031. 6.6 Fourth Amendment to the Consultant Services Agreement with Willdan Engineering to Provide Temporary Staffing for the Neighborhood Improvement and Building and Safety Divisions. Recommended Action: Approve, and authorize the City Manager to sign, the Fourth Amendment to the Consultant Services Agreement with Willdan Engineering to provide continued temporary staffing through December 31, 2026. 6.7 Cancellation of July 7, 2026 City Council Meeting. Recommended Action: Adjourn the June 16, 2026 City Council meeting to July 21, 2026. . . . Page 4 of 655 Diamond Bar City Council Agenda June 16, 2026 ________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________ City of Diamond Bar City Council 6.8 Calling and Giving Notice of General Municipal Election, Consolidating the General Municipal Election with the Statewide General Election on November 3, 2026, and Adopting Regulations Related to Candidate Statements. Recommended Action: A. Adopt Resolution No. 2026-19 calling the General Municipal Election to be held on Tuesday, November 3, 2026 for the election of three (3) Members of the City Council; B. Adopt Resolution No. 2026-20 requesting approval from the Board of Supervisors of the County of Los Angeles to Consolidate the General Municipal Election with the Statewide General Election; and C. Adopt Resolution No. 2026-21 adopting Regulations for Candidates for Elective Office related to Candidate Statements. 6.9 Master Equity Lease Agreement with Enterprise FM Trust. Recommended Action: Adopt Resolution No. 2026-22 approving, and authorizing the City Manager to execute the Master Equity Lease Agreement with Enterprise FM Trust, and approving procurement of vehicles and services from Enterprise Fleet Management through a cooperative Purchasing Agreement with Sourcewell. 6.10 Consulting Services Agreement with Regional Chamber of Commerce San Gabriel Valley. Recommended Action: Approve, and authorize the City Manager to sign, the Consulting Services Agreement with the Regional Chamber of Commerce San Gabriel Valley through June 30, 2027. 6.11 Printing and Mailing Services for the City Newsletter and Recreation Guide with The Dot Printer, Inc. Recommended Action: Approve, and authorize the City Manager to issue, a Purchase Order to The Dot Printer, Inc. for printing and mailing services in the not-to-exceed amount of $78,981 for FY 2026/27. 6.12 First Amendment to the Consulting Services Agreement with Roth Staffing Companies for Temporary Staffing Services. Recommended Action: Approve, and authorize the City Manager to sign, the First Amendment to the Consultant Services Agreement with Roth Staffing Companies. 6.13 Authorization to Submit a List of Projects to be Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017 for FY 2026/27. Recommended Action: Adopt Resolution No. 2026-23 authorizing the submission of the FY 2026/27 list of road projects funded by SB-1: The Road Repair and Accountability Act of 2017. Page 5 of 655 Diamond Bar City Council Agenda June 16, 2026 ________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________ City of Diamond Bar City Council 6.14 Continued Participation in the National Intergovernmental Purchasing Alliance (NIPA) to Purchase Janitorial Supplies for City Facilities. Recommended Action: Adopt Resolution No. 2026-24 authorizing participation in the National Intergovernmental Purchasing Alliance to purchase janitorial supplies for City Facilities in the not-to-exceed amount of $65,000 for Fiscal Year 2026/27. 6.15 Seventh Amendment to the Maintenance Services Agreement with Trane U.S. Inc. dba Trane. Recommended Action: Approve, and authorize the City Manager to sign, the Seventh Amendment to the Maintenance Services Agreement with Trane U.S. Inc. dba Trane, for Mechanical and Building Automation System Preventive Maintenance and Repair Services through June 30, 2027. 6.16 Second Amendment to Maintenance Services Agreement with EcoFert, Inc. Recommended Action: Approve, and authorize the City Manager to sign, the Second Amendment to the Maintenance Services Agreement with EcoFert, Inc. for landscape fertilizer services through June 30, 2027. 6.17 Ninth Amendment to Maintenance Services Agreement with Exterior Products Corporation. Recommended Action: Approve, and authorize the City Manager to sign, the Nineth Amendment to the Maintenance Services Agreement with Exterior Products Corporation for Exterior Decor & Lighting Maintenance through June 30, 2027. 6.18 Fourth Amendment to Road Maintenance Services Agreement with CT&T Concrete Paving, Inc. Recommended Action: Approve, and authorize the City Manager to sign, the Fourth Amendment to the Road Maintenance Services Agreement with CT&T Concrete Paving, Inc. through June 30, 2027. 6.19 Maintenance Services Agreement with MCE Corporation for Landscape Services in Lighting Landscape Assessment Districts 38, 39-2022, and 41-2021. Recommended Action: Approve, and authorize the City Manager, to sign the Maintenance Services Agreement with MCE Corporation through June 30, 2030. 6.20 Consulting Services Agreements for On-Call Traffic and Transportation Engineering Services. Recommended Action: A. Approve, and authorize the City Manager to sign, the Consulting Service Agreement with Fehr and Peers, Inc. for On-Call Traffic and Transportation Page 6 of 655 Diamond Bar City Council Agenda June 16, 2026 ________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________ City of Diamond Bar City Council Engineering Services through June 30, 2029; B. Approve, and authorize the City Manager to sign, the Consulting Service Agreements for On-Call Traffic and Transportation Engineering Services through June 30, 2029; and C. Approve, and authorize the City Manager to sign, the Consulting Service Agreements with ADVANTEC Consulting Engineers, Inc. for On-Call Traffic and Transportation Engineering Services through June 30, 2029. 6.21 Consulting Services Agreements for On-Call Geotechnical Engineering Services. Recommended Action: A. Approve, and authorize the City Manager to sign, the Consulting Service Agreement with Willdan Engineering for On-Call Geotechnical Engineering Services through June 30, 2029; B. Approve, and authorize the City Manager to sign, the Consulting Service Agreement with Ninyo & Moore for On-Call Geotechnical Engineering Services through June 30, 2029; and C. Approve, and authorize the City Manager to sign, the Consulting Service Agreement with Converse Consultants, Inc. for On-Call Geotechnical Engineering Services through June 30, 2029. 6.22 Amendments to the Consulting Services Agreements for On-Call Civil Engineering, Landscape Architectural, and NPDES Professional Services. Recommended Action: A. Approve, and authorize the City Manager to sign Amendment No. 1 to the Consulting Services Agreement with Cannon Corporation through June 30, 2028; B. Approve, and authorize the City Manager to sign Amendment No. 1 to the Consulting Services Agreement with HR Green Pacific, Inc. through June 30, 2028; C. Approve, and authorize the City Manager to sign Amendment No.3 to the Consulting Services Agreement with Local Agency Engineering Associates, Inc., through June 30, 2028; D. Approve, and authorize the City Manager to sign Amendment No. 2 to the Consulting Services Agreement with TAIT & Associates, Inc., through June 30, 2028; and, E. Approve, and authorize the City Manager to sign Amendment No. 1 to the Consulting Services Agreement with John L. Hunter & Associates, Inc., through June 30, 2028. 6.23 Consultant Services Agreement with Prince Global Solutions, LLC. Recommended Action: Approve, and authorize the City Manager to sign, the Consulting Services Agreement with Prince Global Solutions, LLC for Federal Advocacy Services through June 30, 2027. Page 7 of 655 Diamond Bar City Council Agenda June 16, 2026 ________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________ City of Diamond Bar City Council 6.24 First Amendment to Maintenance Services Agreement with Weatherproofing Technologies, Inc. for Maintenance Services through June 30, 2029. Recommended Action: Approve, and authorize the City Manager to sign, the First Amendment to the Maintenance Services Agreement with Weatherproofing Technologies, Inc., through June 30, 2029. 7. PUBLIC HEARINGS: 7.1 Levying Assessments on Landscape Assessment District No. 38 for Fiscal Year 2026/27. Recommended Action: A. Receive presentation, open Public Hearing to receive testimony, close Public Hearing; and, B. Adopt Resolution No. 2026-25 to levy and collect assessments for Landscape Assessment District No. 38 for Fiscal Year 2026/27. 7.2 Levying Assessments on Landscape Assessment District No. 39-2022 for Fiscal Year 2026/27. Recommended Action: A. Receive presentation, open Public Hearing to receive testimony, close Public Hearing; and, B. Adopt Resolution No. 2026-26 to levy and collect assessments for Landscape Assessment District No. 39-2022 for Fiscal Year 2026/27. 7.3 Levying Assessments on Landscape Assessment District No. 41-2021 for Fiscal Year 2026/27. Recommended Action: A. Receive presentation, open Public Hearing to receive testimony, close Public Hearing; and, B. Adopt Resolution No. 2026-27 to levy and collect assessments for Landscape Assessment District No. 41-2021 for Fiscal Year 2025/26. 8. COUNCIL CONSIDERATION: 8.1 Employment Agreement With New City Manager Ryan Mclean, To Be Effective July 1, 2026. Recommended Action: A. Approve the employment agreement with Ryan McLean to become City Manager beginning on July 1, 2026; and B. Approve the amendment and restatement of the MissionSquare Retirement Governmental Money Purchase Plan Adoption Agreement (401(a) plan) and Page 8 of 655 Diamond Bar City Council Agenda June 16, 2026 ________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________ City of Diamond Bar City Council authorize City Manager Dan Fox to execute the agreement. 9. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS: 10. ADJOURNMENT: CERTIFICATION I, Kristina Santana, MMC, City Clerk, City of Diamond Bar, hereby certify, under penalty of perjury under the laws of the State of California that the foregoing notice was posted pursuant to Government Code Section 54950 Et. Seq., not less than 72 hours prior to the meeting, at the following locations: Diamond Bar City Hall Kiosk, Diamond Bar City Hall Bulletin Board, City website: www.diamondbarca.gov, and Diamond Bar Library. Kristina Santana, MMC City Clerk Date Posted: June 11, 2026 Page 9 of 655 Agenda Item #: 6.1 Meeting Date: June 16, 2026 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager SUBJECT: City Council Minutes of the June 2, 2026 Regular Meeting. STRATEGIC GOAL: Open, Engaged and Responsive Government RECOMMENDATION: Approve the June 2, 2026 Regular City Council Meeting Minutes. FINANCIAL IMPACT: None. BACKGROUND: Government Code Section 36814 mandates the City Clerk to keep an accurate record of the City Council's proceedings. ANALYSIS: Minutes have been prepared and are being presented for approval. PREPARED BY: Kristina Santana, City Clerk, City Clerk's Office ATTACHMENTS: 1. June 2, 2026 City Council Regular Meeting Minutes Page 10 of 655 CITY OF DIAMOND BAR MINUTES OF THE CITY COUNCIL REGULAR MEETING SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT/MAIN AUDITORIUM 21865 COPLEY DRIVE, DIAMOND BAR, CA 91765 JUNE 2, 2026 1. CALL TO ORDER: Mayor Tye called the Regular City Council meeting to order at 6:30 p.m. in the South Coast Air Quality Management District Main Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Council Member Teng led the Pledge of Allegiance. INVOCATION: David Kim, Associate Pastor, Gateway Friends Church ROLL CALL: Council Members Andrew Chou, Stan Liu, Chia Yu Teng, Mayor Pro Tem Ruth M. Low, Mayor Steve Tye Absent: None. Staff present in person: Dan Fox, City Manager; Omar Sandoval, City Attorney; Ryan McLean, Assistant City Manager; Anthony Santos, Assistant to the City Manager; Amy Haug, Human Resources/Risk Management Director; Jason Jacobsen, Finance Director; Ryan Wright, Parks & Recreation Director; Cecilia Arellano, Community Relations Manager; Kristina Santana, City Clerk. Staff present telephonically: Greg Gubman, Community Development Director, Ken Desforges, Information Services Director. Others present: Jason Sotelo, Deputy, Diamond Bar/Walnut Sheriff’s Station; Derrick Melendez, Deputy, Diamond Bar/Walnut Sheriff’s Station; Stephen Tousey, Captain, Diamond Bar/Walnut Sheriff’s Station; Chris Hicks, Deputy, Diamond Bar/Walnut Sheriff’s Station. APPROVAL OF AGENDA: CM/Fox confirmed there were no changes made to the agenda. Mayor Tye approved the agenda as presented. 2. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None. 3. CITY MANAGER REPORTS AND RECOMMENDATIONS: None. 4. PUBLIC COMMENTS: The following provided public comments: Paul Akin, resident Karen Eubanks, Senior Citizens Club Grace Lim-Hays, Hampton Court Homeowners Association Stephen Tousey, Captain, Los Angeles County Sheriff’s Department Chris Hicks, Deputy, Los Angeles County Sheriff’s Department Page 11 of 655 JUNE 2, 2026 PAGE 2 CITY COUNCIL CC/Santana reported that no emails were submitted and no guests on the teleconference line requested to speak under Public Comments. 5. SCHEDULE OF FUTURE EVENTS: CM/Fox presented the Schedule of Future Events. 6. CONSENT CALENDAR: MPT/Low moved, C/Chou seconded, to approve the Consent Calendar. Motion carried 5-0 by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Liu, Teng, MPT/Low, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 Approved May 19, 2026 Regular Council Meeting Minutes. 6.2 Ratified Check Register Dated May 6, 2026 through May 19, 2026 Totaling $2,276,633.91. 6.3 Approved April 2026 Treasurer’s Statement. 6.4 Adopted Resolution No. 2026-14 for the Three-Year Cooperation Agreement with the Los Angeles County Development Authority (LACDA) to Participate in the Los Angeles Urban County Community Development Block Grant (CDBG) Program for Fiscal Years 2027-28 Through 2029-30. 7. PUBLIC HEARINGS: None. 8. COUNCIL CONSIDERATION: 8.1 Brown Act Update (SB 707): Technology Disruption and Outreach Policies. CC/Santana provided the staff presentation and responded to Council Member questions. CA/Sandoval responded to Council Member questions. No comments were given in person or submitted through email or teleconference. C/Chou moved, MPT/Low seconded, to: A. Adopt the “Disruption of Telephonic or Internet Service During Council Meetings” Policy in Compliance with Government Code § 54953.4(b)(1); and B. Adopt the “Encouraging Public Participation in City Council Meetings” Policy in Compliance with Government Code § 54953.4(3)(C)(i). Page 12 of 655 JUNE 2, 2026 PAGE 3 CITY COUNCIL Motion carried 5-0 by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Liu, Teng, MPT/Low, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8.2 Proposed Fiscal Year 2026/27 City Operating and Capital Improvement Program Budget, including establishment of the Appropriations Limit, Employee Compensation Plan, and Investment Policy. FD/Jacobsen provided the staff presentation and responded to Council Member questions. After further discussion, the City Council reached consensus to prioritize the installation of ADA automatic front door at the Diamond Bar Center by value engineering the project and brining it back to the City Council for further consideration. Sydney Morton, from the Diamond Bar Senior Club provided an in person public comment. Stella and Richard Guzman submitted an email for public comment. There were no public comments presented via teleconference. MPT/Low moved, C/Liu seconded, to: A. Adopt Resolution No. 2026-15 approving the Proposed FY 2026/27 City Operating and Capital Improvement Program Budget; B. Adopt Resolution No. 2026-16 establishing the appropriations limit for FY 2026/27 in the amount of $68,333,798; C. Adopt Resolution No. 2026-17 establishing the FY 2026/27 compensation plan, salary ranges and fringe benefits for all employees; and D. Adopt Resolution No. 2026-18 approving the FY 2026/27 Investment Policy. Motion carried 5-0 by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Liu, Teng, MPT/Low, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: The following Council Members provided a report on meetings attended at the expense of the local agency per Government Code 53232.3(d). Page 13 of 655 JUNE 2, 2026 PAGE 4 CITY COUNCIL C/Chou reported attending the San Gabriel Valley Regional Housing Trust Fund Board of Directors meeting. 10. ADJOURNMENT: With no further business to conduct, M/Tye adjourned the Regular City Council Meeting at 8:02 p.m. in memory of William Burke. Respectfully Submitted, __________________________ Kristina Santana, City Clerk The foregoing minutes are hereby approved this 16th day of June, 2026. __________________________ Steve Tye, Mayor Page 14 of 655 Agenda Item #: 6.2 Meeting Date: June 16, 2026 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager SUBJECT: Ratification of Check Register Dated May 20, 2026 through June 2, 2026 totaling $791,404.73. STRATEGIC GOAL: Open, Engaged and Responsive Government RECOMMENDATION: Ratify the Check Register. FINANCIAL IMPACT: Expenditure of $791,404.73. BACKGROUND: The City has established the policy of issuing accounts payable checks on a bi-weekly basis with City Council ratification at the next scheduled City Council Meeting. The attached check register containing checks dated May 20, 2026 through June 2, 2026 totaling $791,404.73 is being presented for ratification. ANALYSIS: All payments have been made in compliance with the City's purchasing policies and procedures. The attached Affidavit affirms that the check register has been audited and deemed accurate. PREPARED BY: Luisa Allen, Senior Accounting Technician, Finance ATTACHMENTS: 1. Check Register Affidavit 6-16-2026 2. Check Register 6-16-2026 Page 15 of 655 Page 16 of 655 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 19005 5/20/2026 SOUTHERN CALIFORNIA EDISON MAPLE HILL PARK (041426-051226) 100630 52210 $370.10 CHECK TOTAL $370.10 19006 5/20/2026 SOUTHERN CALIFORNIA EDISON PONY FIELD (041626-051426) 100630 52210 $10.83 CHECK TOTAL $10.83 19007 5/20/2026 SOUTHERN CALIFORNIA EDISON D38 / 719 GRAND IRR (041626-051426) 238638 52210 $41.46 CHECK TOTAL $41.46 19008 5/20/2026 SOUTHERN CALIFORNIA EDISON CITYHALL (041626-051426) 100620 52210 $11,702.41 CHECK TOTAL $11,702.41 19009 5/20/2026 SOUTHERN CALIFORNIA EDISON 21208 WASHINGTON AVE PED (041426- 051226) 100630 52210 $40.79 CHECK TOTAL $40.79 19010 5/22/2026 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 21250 GOLDEN SPRINGS - TC-1 100655 52210 $87.82 CHECK TOTAL $87.82 19011 5/22/2026 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 3564 S BREA CYN BPED - LS-3 100655 52210 $73.97 CHECK TOTAL $73.97 19012 5/22/2026 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 2746 S BREA CYN BPED - LS-3 100655 52210 $131.94 CHECK TOTAL $131.94 19013 5/22/2026 SOUTHERN CALIFORNIA EDISON GS-1 - 23331 GOLDEN SPRINGS PED - GS-1 100655 52210 $76.96 CHECK TOTAL $76.96 19014 5/22/2026 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 20781 PATHFINDER - TC-1 100655 52210 $113.50 CHECK TOTAL $113.50 19015 5/22/2026 SOUTHERN CALIFORNIA EDISON GS-1 - 2838 S DBB PED - GS-1 100655 52210 $91.79 CHECK TOTAL $91.79 19016 5/22/2026 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 717 GRAND AVE - TC-1 100655 52210 $141.94 CHECK TOTAL $141.94 Page 17 of 655 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 19017 5/22/2026 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 20791 GOLDEN SPRINGS - TC-1 100655 52210 $125.08 CHECK TOTAL $125.08 19018 5/22/2026 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 20439 GOLDEN SPRINGS PED - TC-1 100655 52210 $119.53 CHECK TOTAL $119.53 19019 5/26/2026 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 2201 DBB - LS-2 100655 52210 $87.13 CHECK TOTAL $87.13 19020 5/26/2026 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1798 DBB/22566 GLDN SPRGS - LS-2 100655 52210 $195.55 CHECK TOTAL $195.55 19021 5/26/2026 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1025 BREA CYN - LS-2 100655 52210 $138.70 CHECK TOTAL $138.70 19022 5/26/2026 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1003 GOLDEN SPRINGS - LS-2 100655 52210 $114.76 CHECK TOTAL $114.76 19023 5/26/2026 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 809 S DBB - TC-1 100655 52210 $118.03 CHECK TOTAL $118.03 19024 5/26/2026 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 553 N. DBB/VARIOUS - TC-1 100655 52210 $1,206.77 CHECK TOTAL $1,206.77 19043 5/26/2026 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21010 WASHINGTON AVE - LS-2 100655 52210 $103.99 CHECK TOTAL $103.99 19044 5/26/2026 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21250 GOLDEN SPRINGS - LS-2 100655 52210 $87.13 CHECK TOTAL $87.13 19045 5/26/2026 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21325 PATHFINDER - LS- 2 100655 52210 $238.79 CHECK TOTAL $238.79 19046 5/26/2026 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21615 GATEWAY CENTER - LS-2 100655 52210 $87.13 CHECK TOTAL $87.13 Page 18 of 655 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 19047 5/26/2026 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 22805 GOLDEN SPRINGS - LS-2 100655 52210 $108.92 CHECK TOTAL $108.92 19048 5/26/2026 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1DBB/TEMPLE - LS-2 100655 52210 $124.48 CHECK TOTAL $124.48 19049 5/26/2026 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 3798 S BREA CYN - LS-2 100655 52210 $65.36 CHECK TOTAL $65.36 19050 5/26/2026 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 3201 S DBB - LS-2 100655 52210 $130.70 CHECK TOTAL $130.70 19051 5/26/2026 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - VARIOUS LS-1 100655 52210 $747.31 CHECK TOTAL $747.31 19052 5/26/2026 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - DBB N/W @ TEMPLE - LS-2 100655 52210 $124.07 CHECK TOTAL $124.07 19053 5/26/2026 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - BREA CYN/OAKCREST - LS-2 100655 52210 $65.99 CHECK TOTAL $65.99 19054 5/26/2026 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - BREA CYN/FALLOWFIELD - LS-2 100655 52210 $86.63 CHECK TOTAL $86.63 19055 5/26/2026 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 24230 GOLDEN SPRINGS - LS-2 100655 52210 $82.72 CHECK TOTAL $82.72 19056 5/26/2026 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - BREA CYN/FALLOWFIELD, ETC - TC-1 100655 52210 $220.64 CHECK TOTAL $220.64 19057 5/26/2026 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 21010 WASHINGTON AVE - TC-1 100655 52210 $111.74 CHECK TOTAL $111.74 19058 5/26/2026 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 2201 DBB PED - TC- 1 100655 52210 $31.67 CHECK TOTAL $31.67 19059 5/26/2026 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 1450 BRIDGEGATE, ETC - TC-1 100655 52210 $513.21 Page 19 of 655 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $513.21 19060 5/26/2026 SOUTHERN CALIFORNIA EDISON GS-1 - 1215 S BREA CYN - GS-1 100655 52210 $92.01 CHECK TOTAL $92.01 19061 5/26/2026 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 1611 S BREA CYN - TC-1 100655 52210 $84.71 CHECK TOTAL $84.71 19062 5/26/2026 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 801 S LEMON, ETC - TC-1 100655 52210 $338.21 CHECK TOTAL $338.21 19063 5/22/2026 TASC FLEX SPENDING MEDICAL/CHILDCARE 05/22/2026 201 21118 $4.75 5/22/2026 TASC FLEX SPENDING MEDICAL/CHILDCARE 05/22/2026 238 21118 $7.33 5/22/2026 TASC FLEX SPENDING MEDICAL/CHILDCARE 05/22/2026 239 21118 $7.33 5/22/2026 TASC FLEX SPENDING MEDICAL/CHILDCARE 05/22/2026 241 21118 $7.33 5/22/2026 TASC FLEX SPENDING MEDICAL/CHILDCARE 05/22/2026 250 21118 $30.24 5/22/2026 TASC FLEX SPENDING MEDICAL/CHILDCARE 05/22/2026 207 21118 $42.01 5/22/2026 TASC FLEX SPENDING MEDICAL/CHILDCARE 05/22/2026 206 21118 $124.53 5/22/2026 TASC FLEX SPENDING MEDICAL/CHILDCARE 05/22/2026 100 21118 $1,947.51 CHECK TOTAL $2,171.03 19064 5/22/2026 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 05/22/2026 239 21109 $133.74 5/22/2026 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 05/22/2026 241 21109 $133.74 5/22/2026 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 05/22/2026 201 21109 $138.15 5/22/2026 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 05/22/2026 238 21109 $258.76 Page 20 of 655 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 5/22/2026 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 05/22/2026 206 21109 $488.58 5/22/2026 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 05/22/2026 207 21109 $656.50 5/22/2026 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 05/22/2026 250 21109 $4,830.10 5/22/2026 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 05/22/2026 100 21109 $14,900.22 CHECK TOTAL $21,539.79 19065 5/22/2026 CALPERS PENSION CONTRIBUTION 5/02/26- 5/15/26 & 5/1-5/31/26 204 21110 $93.04 5/22/2026 CALPERS PENSION CONTRIBUTION 5/02/26- 5/15/26 & 5/1-5/31/26 239 21110 $161.41 5/22/2026 CALPERS PENSION CONTRIBUTION 5/02/26- 5/15/26 & 5/1-5/31/26 241 21110 $161.41 5/22/2026 CALPERS PENSION CONTRIBUTION 5/02/26- 5/15/26 & 5/1-5/31/26 203 21110 $162.83 5/22/2026 CALPERS PENSION CONTRIBUTION 5/02/26- 5/15/26 & 5/1-5/31/26 238 21110 $252.26 5/22/2026 CALPERS PENSION CONTRIBUTION 5/02/26- 5/15/26 & 5/1-5/31/26 201 21110 $535.74 5/22/2026 CALPERS PENSION CONTRIBUTION 5/02/26- 5/15/26 & 5/1-5/31/26 207 21110 $1,390.60 5/22/2026 CALPERS PENSION CONTRIBUTION 5/02/26- 5/15/26 & 5/1-5/31/26 206 21110 $1,715.92 5/22/2026 CALPERS PENSION CONTRIBUTION 5/02/26- 5/15/26 & 5/1-5/31/26 250 21110 $2,174.45 5/22/2026 CALPERS PENSION CONTRIBUTION 5/02/26- 5/15/26 & 5/1-5/31/26 100 21110 $46,185.42 CHECK TOTAL $52,833.08 19074 6/2/2026 4IMPRINT INC 8FT FITTED TABLE COVERS FOR SHERIFF 100310 53510 $1,990.63 CHECK TOTAL $1,990.63 19075 6/2/2026 ABSOLUTE SECURITY INTERNATIONAL INC APRIL 2026 SECURITY GUARD SERVICES 100520 55330 $384.00 Page 21 of 655 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 6/2/2026 ABSOLUTE SECURITY INTERNATIONAL INC APRIL 2026 SECURITY GUARD SERVICES 100510 55330 $3,599.36 CHECK TOTAL $3,983.36 19076 6/2/2026 ALGALITA MARINE RESEARCH & EDUCATION ENVIRONMENTAL EDUCATION SERVICES 250170 54900 $1,564.00 CHECK TOTAL $1,564.00 19077 6/2/2026 ALL CITY MANAGEMENT SERVICES INC CROSSING GUARD SERVICES - 4/12/26- 4/25/26 100310 55412 $14,481.60 6/2/2026 ALL CITY MANAGEMENT SERVICES INC CROSSING GUARD SERVICES - 4/26/26 - 5/9/26 100310 55412 $14,481.60 CHECK TOTAL $28,963.20 19078 6/2/2026 ALLIANT INSURANCE SERVICES INC INSURANCE FOR CONCERTS IN THE PARK 2026 SERIES 100520 55300 $1,186.00 CHECK TOTAL $1,186.00 19079 6/2/2026 ATKINSON, ANDELSON, LOYA, RUUD & ROMO PROFESSIONAL SERVICES-LEGAL 100220 54900 $2,403.20 CHECK TOTAL $2,403.20 19080 6/2/2026 LINGO TELECOM LLC CITYWIDE ANALOG PHONE SERVICE - MAY 2026 100230 52200 $5,079.39 CHECK TOTAL $5,079.39 19081 6/2/2026 CALIFORNIA DEPT OF TAX AND FEE ADMI SALES AND USE TAX - MARCH 31, 2026 100 29006 $27.56 6/2/2026 CALIFORNIA DEPT OF TAX AND FEE ADMI SALES AND USE TAX - MARCH 31, 2026 100 29005 $241.76 CHECK TOTAL $269.32 19082 6/2/2026 CITY OF SANTA ANA DAY CAMP EXCURSION - JUNE 9, 2026 100520 53520 $669.00 CHECK TOTAL $669.00 19083 6/2/2026 COLLEY AUTO CARS INC FLEET MAINTENANCE LIC#1479428 502430 52312 $225.00 CHECK TOTAL $225.00 19084 6/2/2026 CROSSTOWN ELECTRICAL & DATA INC TS BATTERY BACK-UP/CCTV PROJ - FY 25-26 207610 56102 $48,490.00 CHECK TOTAL $48,490.00 19085 6/2/2026 CT & T CONCRETE PAVING INC ROAD MAINTENANCE SRVS (PONY FIELDS) 100655 55512 $11,484.00 CHECK TOTAL $11,484.00 Page 22 of 655 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 19086 6/2/2026 DE NOVO PLANNING GROUP 1400 MONTEFINO MITIGATED NEG DEC 100 22107 $22,092.50 CHECK TOTAL $22,092.50 19087 6/2/2026 DEPARTMENT OF INDUSTRIAL RELATIONS OSHA ELEVATOR INSPECTION FEE (CITYHALL) FY25-26 100620 51200 $225.00 CHECK TOTAL $225.00 19088 6/2/2026 DIANA CHO & ASSOCIATES CDBG-AREA 6 ADA CURB RAMP PROJECT FEB 2026 225610 56101 $382.50 6/2/2026 DIANA CHO & ASSOCIATES CDBG-AREA 6 ADA CURB RAMP PROJECT MAR 2026 225610 56101 $807.50 6/2/2026 DIANA CHO & ASSOCIATES CDBG-AREA 6 ADA CURB RAMP PROJECT APR 2026 225610 56101 $765.00 CHECK TOTAL $1,955.00 19089 6/2/2026 DISCOVERY SCIENCE CENTER OF ORANGE ENVIRONMENTAL EDUCATION 250170 54900 $2,556.00 CHECK TOTAL $2,556.00 19090 6/2/2026 DUNN EDWARDS CORPORATION PAINT SUPPLIES (PONYFIELDS) 100630 51200 $342.35 CHECK TOTAL $342.35 19091 6/2/2026 FLOCK GROUP INC FY 2025-2026 FLOCK SAFETY PROGRAM 100310 54900 $165,000.00 CHECK TOTAL $165,000.00 19092 6/2/2026 FRESHMOBILECA LLC FLEET WASHING SERVICE (051526) 502430 52312 $19.95 6/2/2026 FRESHMOBILECA LLC FLEET WASHING SERVICE (051526) 502430 52312 $39.90 6/2/2026 FRESHMOBILECA LLC FLEET WASHING SERVICE (051526) 502655 52312 $79.80 6/2/2026 FRESHMOBILECA LLC FLEET WASHING SERVICE (051526) 502620 52312 $139.65 6/2/2026 FRESHMOBILECA LLC FLEET WASHING SERVICE (051526) 502630 52312 $139.65 CHECK TOTAL $418.95 19093 6/2/2026 FUN EXPRESS LLC SUPPLIES FOR CONCERTS 100520 51200 $494.79 6/2/2026 FUN EXPRESS LLC SUPPLIES FOR CONCERTS 100520 51200 $306.06 CHECK TOTAL $800.85 19094 6/2/2026 GOGO TECHNOLOGIES INC FY 25-26 DIAMOND RIDE SR TRANS SVCS MAR 2026 206650 55560 $38,978.36 CHECK TOTAL $38,978.36 Page 23 of 655 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 19095 6/2/2026 GOVCONNECTION INC RENEWAL- HP CAREPACK- REY/ROZ/NABOO/TATOOINE 100230 52314 $22,603.00 CHECK TOTAL $22,603.00 19096 6/2/2026 HANSON BRIDGETT LLP LEGAL SERVICES - SEWER DISTRICT 100120 54022 $14,760.80 CHECK TOTAL $14,760.80 19097 6/2/2026 HELIX ENVIRONMENTAL PLANNING INC CANYON LOOP TRAIL RESTORATION 301630 56104 $3,054.99 CHECK TOTAL $3,054.99 19098 6/2/2026 HOME DEPOT CREDIT SERVICES MAINTENANCE SUPPLIES (JK 050626) 100630 51200 $227.77 CHECK TOTAL $227.77 19099 6/2/2026 HONEYCOTT INC BEE REMOVAL @ DBC 051226 100510 52320 $145.00 CHECK TOTAL $145.00 19100 6/2/2026 HR GREEN PACIFIC INC PLAN CHECK - LAND DEVELOPMENT - THRU 3/31/26 100 22109 $225.00 6/2/2026 HR GREEN PACIFIC INC PLAN CHECK - LAND DEVELOPMENT - THRU 3/31/26 100 22109 $989.00 6/2/2026 HR GREEN PACIFIC INC PLAN CHECK - LAND DEVELOPMENT - THRU 3/31/26 100 22109 $2,366.00 6/2/2026 HR GREEN PACIFIC INC PLAN CHECK - LAND DEVELOPMENT - THRU 3/31/26 100 22109 $5,293.00 CHECK TOTAL $8,873.00 19101 6/2/2026 HUNTINGTON HARDWARE CO INC DOOR HARDWARE/ OERATING SUPPLIES (CB051326) 100620 51200 $1,000.08 CHECK TOTAL $1,000.08 19102 6/2/2026 INCREDIBLE ENTERTAINMENT INC DAY CAMP EXCURSION - JUNE 30, 2026 100520 53520 $1,114.39 CHECK TOTAL $1,114.39 19103 6/2/2026 INTEGRUS LLC RICOH COPY CHARGES - 4/19/26- 5/18/26 100230 52314 $749.74 CHECK TOTAL $749.74 19104 6/2/2026 ITERIS INC CS - CITYWIDE TRAFFIC SIGNAL TIMING - THRU 4/30/26 207650 54410 $30,425.80 CHECK TOTAL $30,425.80 19105 6/2/2026 JACKSON'S AUTO SUPPLY/NAPA FLEET VEHICLE MAINTENANCE (2 REC VANS&RANGER) 502620 52312 $106.10 Page 24 of 655 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $106.10 19106 6/2/2026 JOSE RUEL DIRA GIS SUPPORT - 3/31/26 - 4/24/26 100230 54900 $3,149.94 CHECK TOTAL $3,149.94 19107 6/2/2026 KEVIN D JONES PS - SR57-60 CONF PROJ FEDERAL ADVOCACY - APR 2026 100615 54400 $4,000.00 CHECK TOTAL $4,000.00 19108 6/2/2026 LA COUNTY ASSESSOR OFFICE SBF ABSTRACT - APR 2026 100230 52314 $250.00 CHECK TOTAL $250.00 19109 6/2/2026 LOCAL AGENCY ENGINEERING ASSOCIATES INC DB COMPLETE STREETS - CONST MGMT - APR 2026 301610 56190 $33,516.08 CHECK TOTAL $33,516.08 19110 6/2/2026 LOWE'S BUSINESS ACCOUNT PARK SUPPLIES (PANTERA PARK / CG050826) 100630 51200 $67.49 CHECK TOTAL $67.49 19111 6/2/2026 MICHAEL BAKER INTERNATIONAL INC CANYON LOOP TRAIL -HMMP PROJECT MANAGER 301630 56104 $2,830.07 CHECK TOTAL $2,830.07 19112 6/2/2026 MNS ENGINEERS INC DESIGN - DB COMPLETE STREETS - 3/30/26 - 4/26/26 301610 56105 $4,273.39 CHECK TOTAL $4,273.39 19113 6/2/2026 MOBILE RELAY ASSOCIATES INC RECURRING SERVICES FOR EMERGENCY PREPARDNESS 100350 52300 $78.75 CHECK TOTAL $78.75 19114 6/2/2026 NICHOLS CONSULTING ENGINEERS, CHTD ROAH REHAB PROJ-BIDDING/DESIGN SVCS - THRU 4/14/26 203615 56101 $600.00 CHECK TOTAL $600.00 19115 6/2/2026 OCCUPATIONAL HEALTH CENTERS OF CALIFORNIA PRE-EMPLOYMENT PHYSICAL FEES 100220 52510 $210.00 6/2/2026 OCCUPATIONAL HEALTH CENTERS OF CALIFORNIA PRE-EMPLOYMENT PHYSICAL FEES 100220 52510 $471.00 CHECK TOTAL $681.00 19116 6/2/2026 ONE TIME PAY VENDOR IBRAHIM BAGGIA FACILITY REFUND 100 20202 $750.00 CHECK TOTAL $750.00 19117 6/2/2026 ONE TIME PAY VENDOR JACKY LILLICOTCH RECREATION PROGRAM REFUND 100 20202 $95.00 Page 25 of 655 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $95.00 19118 6/2/2026 ONE TIME PAY VENDOR LILY ZHOU RECREATION PROGRAM REFUND 100 20202 $1,275.00 CHECK TOTAL $1,275.00 19119 6/2/2026 ONE TIME PAY VENDOR LISA NELIUS RECREATION PROGRAM REFUND 100 20202 $114.00 CHECK TOTAL $114.00 19120 6/2/2026 ONE TIME PAY VENDOR RONALD KENNER RECREATION PROGRAM REFUND 100 20202 $25.00 CHECK TOTAL $25.00 19121 6/2/2026 ONE TIME PAY VENDOR YANNWEN BRAUN- LIANG RECREATION PROGRAM REFUND 100 20202 $60.00 CHECK TOTAL $60.00 19122 6/2/2026 ONE TIME PAY VENDOR DIAMOND BAR EVERGREEN CLUB SENIOR CLUB LIABILITY INSURANCE REIMBURSEMENT 100520 57210 $946.47 CHECK TOTAL $946.47 19123 6/2/2026 ONE TIME PAY VENDOR TRIDIPTA DAS REFUND PR25-1639 100 20604 $0.80 6/2/2026 ONE TIME PAY VENDOR TRIDIPTA DAS REFUND PR25-1639 100 20603 $1.04 6/2/2026 ONE TIME PAY VENDOR TRIDIPTA DAS REFUND PR25-1639 100 48020 $14.01 6/2/2026 ONE TIME PAY VENDOR TRIDIPTA DAS REFUND PR25-1639 100 48020 $17.51 6/2/2026 ONE TIME PAY VENDOR TRIDIPTA DAS REFUND PR25-1639 100 48010 $57.54 6/2/2026 ONE TIME PAY VENDOR TRIDIPTA DAS REFUND PR25-1639 100 48010 $292.74 CHECK TOTAL $383.64 19124 6/2/2026 ONE TIME PAY VENDOR YANGSUN KIM REFUND LC26-0295 100 48010 $4.00 6/2/2026 ONE TIME PAY VENDOR YANGSUN KIM REFUND LC26-0295 100 48010 $46.48 CHECK TOTAL $50.48 19125 6/2/2026 ONE TIME PAY VENDOR - CND REFUND JENNY CHIEN JUNG WU C&D REFUND: 1731 LEANING PINE DR 100 22105 $250.00 CHECK TOTAL $250.00 19126 6/2/2026 OTIS ELEVATOR COMPANY ELEVATOR MAINTENANCE (CITYHALL C# FUEL SURCHARGE) 100620 52320 $175.00 6/2/2026 OTIS ELEVATOR COMPANY ELEVATOR MAINTENANCE (DBC C# FUEL SURCHARGE) 100510 52320 $175.00 CHECK TOTAL $350.00 Page 26 of 655 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 19127 6/2/2026 REINBERGER CORPORATION BUSINESS CARDS 100140 52110 $86.51 6/2/2026 REINBERGER CORPORATION BUSINESS CARDS 100140 52110 $86.51 CHECK TOTAL $173.02 19128 6/2/2026 ROTH STAFFING COMPANIES, LP TEMP STAFFING - FINANCE WK 5/22/2026 100210 54900 $1,420.80 6/2/2026 ROTH STAFFING COMPANIES, LP TEMP STAFFING - CITY CLERK WK 5/22/2026 100140 54900 $565.50 CHECK TOTAL $1,986.30 19129 6/2/2026 S&S WORLDWIDE, INC SUPPLIES FOR SUMMER DAY CAMP 100520 51200 $205.20 CHECK TOTAL $205.20 19130 6/2/2026 SC FUELS FLEET FUEL (050126-051526) 502430 52330 $192.20 6/2/2026 SC FUELS FLEET FUEL (050126-051526) 502630 52330 $538.87 6/2/2026 SC FUELS FLEET FUEL (050126-051526) 502620 52330 $598.14 6/2/2026 SC FUELS FLEET FUEL (050126-051526) 502655 52330 $1,171.57 CHECK TOTAL $2,500.78 19131 6/2/2026 SKATE EXPRESS INC DAY CAMP EXCURSION - JUNE 16, 2026 100520 53520 $590.00 CHECK TOTAL $590.00 19132 6/2/2026 SOCIAL VOCATIONAL SERVICES MAINTENANCE: LITTER & WEED REMOVAL(APRIL 2026) 100645 55528 $3,113.00 CHECK TOTAL $3,113.00 19133 6/2/2026 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT AQMD FEE (DBC) FY25-26 100510 52320 $172.49 6/2/2026 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT FACILITY LEASE 100130 52302 $2,824.69 CHECK TOTAL $2,997.18 19134 6/2/2026 STERICYCLE INC SUBSCRIPTION - HERITAGE PARK 250170 55000 $288.39 CHECK TOTAL $288.39 19135 6/2/2026 TALEWISE LLC DAY CAMP ENTERTAINMENT - JUNE 24, 2026 100520 55315 $425.00 CHECK TOTAL $425.00 19136 6/2/2026 TENNIS ANYONE INC CONTRACT CLASSES TENNIS SERVIC 100520 55320 $6,526.03 CHECK TOTAL $6,526.03 Page 27 of 655 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 19137 6/2/2026 THE GAS COMPANY GAS SERVICE AT DBC (041526-051526) 100510 52215 $157.03 6/2/2026 THE GAS COMPANY NATURAL GAS SERVICE @CITYHALL (041326-051326) 100620 52215 $691.90 6/2/2026 THE GAS COMPANY NATURAL GAS SERVICE @ HERITAGE PARK(051426-051426) 100630 52215 $168.91 CHECK TOTAL $1,017.84 19138 6/2/2026 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD PL2025-47 100 22107 $750.58 CHECK TOTAL $750.58 19139 6/2/2026 THE TAIT GROUP INC PS/TRANSPORTATION ADVOCACY - APR 2026 100615 54410 $3,300.00 CHECK TOTAL $3,300.00 19140 6/2/2026 TRIFYTT SPORTS LLC INSTRUCTOR PAYMENT - SPORTS - WS26 100520 55320 $833.98 CHECK TOTAL $833.98 19141 6/2/2026 TUMBLE-N-KIDS INC CONTRACT CLASS- YOUTH GYMNASTICS 100520 55320 $3,142.80 CHECK TOTAL $3,142.80 19142 6/2/2026 TYLER TECHNOLOGIES INC ELM PROJECT MGMT HOURS - 4/21/26 - 4/28/26 503230 56135 $5,600.00 6/2/2026 TYLER TECHNOLOGIES INC ELM PROJECT MGMT HOURS - 5/5/26- 5/7/26 503230 56135 $7,200.00 CHECK TOTAL $12,800.00 19143 6/2/2026 ULINE INC FLEET VEHICLE SUPPLIES (JW 042326) 100630 51200 $911.67 6/2/2026 ULINE INC DBC SUPPLIES 100510 51200 $538.80 6/2/2026 ULINE INC FY2025-26 EMERGENGY PREP BLEED CONTROL KITS 100350 51200 $543.18 CHECK TOTAL $1,993.65 19144 6/2/2026 UNDERGROUND SERVICE ALERT OF SO CA DIGALERT - CA STATE FEE/MONTHLY - MAY 2025 100610 54900 $102.89 6/2/2026 UNDERGROUND SERVICE ALERT OF SO CA DIGALERT/MONTHLY MAINTENANCE FEE - APR 2026 100610 54900 $242.20 CHECK TOTAL $345.09 19145 6/2/2026 VACT INC DBC ACCESS CONTROL UPGRADE (PARTS - PAYMENT#1) 100510 56116 $1,000.00 Page 28 of 655 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 6/2/2026 VACT INC DBC ACCESS CONTROL UPGRADE (PROGRESS PYMT#2) 100510 56116 $7,432.38 CHECK TOTAL $8,432.38 19146 6/2/2026 WW GRAINGER INC FY2025-26 AED BATTERIES 100350 52310 $816.44 CHECK TOTAL $816.44 19147 6/2/2026 WW GRAINGER INC PARK SUPPLIES (JK 051926) 100620 51200 $50.33 CHECK TOTAL $50.33 19148 6/2/2026 WALNUT VALLEY WATER DISTRICT CITYHALLW (040126-043026) 100620 52220 $1,200.49 6/2/2026 WALNUT VALLEY WATER DISTRICT D38W (040126-043026) 238638 52220 $12,757.95 6/2/2026 WALNUT VALLEY WATER DISTRICT D38(R)W (040126-043026) 238638 52220 $2,247.95 6/2/2026 WALNUT VALLEY WATER DISTRICT D39W (040126-043026) 239639 52220 $9,985.97 6/2/2026 WALNUT VALLEY WATER DISTRICT D41W (040126-043026) 241641 52220 $9,543.60 6/2/2026 WALNUT VALLEY WATER DISTRICT DBCW (040126-043026) 100510 52220 $472.94 6/2/2026 WALNUT VALLEY WATER DISTRICT PARKSW (040126-043026) 100630 52220 $38,173.04 6/2/2026 WALNUT VALLEY WATER DISTRICT PARKS(R)W (040126-043026) 100630 52220 $2,011.48 CHECK TOTAL $76,393.42 19149 6/2/2026 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) 100510 51210 $722.50 6/2/2026 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (HERITAGE PARK) 100630 51200 $150.64 6/2/2026 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (CITYHALL) 100620 51200 $2,515.04 CHECK TOTAL $3,388.18 19150 6/2/2026 WEST COAST ARBORISTS INC CITYWIDE TREE MAINTENANCE (030126- 031526) 100645 55522 $26,123.00 6/2/2026 WEST COAST ARBORISTS INC CITYWIDE TREE MAINTENANCE (041626- 043026) 100645 55522 $450.00 CHECK TOTAL $26,573.00 19151 6/2/2026 WILLDAN GEOTECHNICAL GEOTECH REVIEW - 22909 LAZY TRAIL - THRU 4/03/26 100 22109 $630.00 6/2/2026 WILLDAN GEOTECHNICAL GEOTECH REVIEW - 1198 CHISOLM TRAIL - THRU 4/03/26 100 22109 $840.00 6/2/2026 WILLDAN GEOTECHNICAL GEOTECH REV - TR54081 CROOKED CREEK - THRU 4/3/26 100 22109 $840.00 Page 29 of 655 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 6/2/2026 WILLDAN GEOTECHNICAL BUILDING AND SAFETY INTERIM PERMIT TECHNICIAN 100420 55100 $14,960.00 CHECK TOTAL $17,270.00 19152 6/2/2026 WOODRUFF & SMART, A PROFESSIONAL CORPORATION LEGAL SERVICES - APRIL 2026 100120 54020 $1,833.00 6/2/2026 WOODRUFF & SMART, A PROFESSIONAL CORPORATION LEGAL SERVICES - APRIL 2026 100120 54020 $17,061.00 6/2/2026 WOODRUFF & SMART, A PROFESSIONAL CORPORATION LEGAL SERVICES - APRIL 2026 100120 54020 $253.80 6/2/2026 WOODRUFF & SMART, A PROFESSIONAL CORPORATION LEGAL SERVICES - APRIL 2026 100120 54020 $112.80 6/2/2026 WOODRUFF & SMART, A PROFESSIONAL CORPORATION LEGAL SERVICES - APRIL 2026 100120 54020 $197.40 6/2/2026 WOODRUFF & SMART, A PROFESSIONAL CORPORATION LEGAL SERVICES - APRIL 2026 100120 54020 $3,412.20 6/2/2026 WOODRUFF & SMART, A PROFESSIONAL CORPORATION LEGAL SERVICES - APRIL 2026 100120 54020 $394.80 CHECK TOTAL $23,265.00 19153 6/2/2026 YUNEX CORP TS MAINTENANCE/CALL-OUTS - MAR 2026 207650 55536 $8,949.61 6/2/2026 YUNEX CORP TS MAINTENANCE - APR 2026 207650 55536 $5,711.62 6/2/2026 YUNEX CORP TS MAINT/CALL-OUTS - APR 2026 207650 55536 $7,104.45 CHECK TOTAL $21,765.68 GRAND TOTAL $791,404.73 Page 30 of 655 Agenda Item #: 6.3 Meeting Date: June 16, 2026 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager SUBJECT: Treasurer's Statement. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Approve the May 2026 Treasurer’s Statement. FINANCIAL IMPACT: None. BACKGROUND: Consistent with City policy, the Finance Department presents the monthly Treasurer’s Statement to the City Council for review and approval. ANALYSIS: This statement shows the cash balances with a breakdown of various investment accounts and the yield to maturity from investments. This statement also includes an investment portfolio management report which details the activities of investments. PREPARED BY: Jason Jacobsen, Director, Finance ATTACHMENTS: 1. Treasurer's Cash Balance Report - May 2026 2. Treasurer's Statement and Portfolio Report - May 2026 signed Page 31 of 655 CASH & INVESTMENT BALANCES Cash Funds General Account $2,948,600.14 Payroll Account $0.00 Change Fund - General Fund $630.00 Petty Cash Account $303.00 Cash With Fiscal Agent (US Bank 2021 Bonds)$97,881.89 Total Cash Funds $3,047,415.03 City & LAIF Invested Funds (Book Value): Local Agency Investment Fund $25,372,656.38 City-Managed Fixed-Income Securities (0-5 year maturity) $49,101,728.90 Total Investment Funds (Book Value)$74,474,385.28 Fiscal Year-To-Date Effective Rate of Return (City Funds & LAIF)3.92%(11 months) Fiscal YTD Interest Earnings (City Funds & LAIF)$2,418,606.70 (11 months) FY 2025-26 Budgeted Interest Earnings (City Funds & LAIF)$1,530,800.00 (12 Months) Invested Funds With OPEB Trust (Managed by CalPERS/State Street) $1,136,112.95 Annualized rate of return (6/30/2016 - 6/30/2025)5.16%( 9 Years) OPEB Trust Starting Balance (7/1/2025)$945,947.34 OPEB Trust FY 25-26 Contributions $88,000.00 OPEB Trust FY 25-26 Earnings $102,165.61 (11 months) OPEB Trust Ending Balance (05/30/2026)$1,136,112.95 GRAND TOTAL - CASH & INVESTMENTS $78,657,913.26 CITY OF DIAMOND BAR - CITY TREASURER'S CASH BALANCE REPORT AS OF MAY 31, 2026 Page 32 of 655 INVESTMENTS BOOK VALUE PERCENT OF PORTFOLIO TERM DAYS TO MATURITY YIELD TO MATURITY Federal Credit Union CD $12,639,000.00 16.97%1,565 690 4.315% Local Agency Investment Fund $25,372,656.38 34.07%1 1 3.810% Corporate Notes $10,392,443.05 13.95%1,677 1,407 4.635% Federal Agency Coupon Securities $6,637,636.95 8.91%1,564 339 4.104% Treasury Coupon Securities $3,097,914.17 4.16%1,813 620 2.986% Federal Agency Callable $4,500,000.00 6.04%1,826 151 2.023% Certificates of Deposit-Banks $5,277,692.85 7.09%1,596 706 4.326% Municipal Bonds $1,563,226.43 2.10%1,585 341 4.738% Money Market Fund $4,993,815.45 6.71%1 1 3.590% Total Investments and Averages $74,474,385.28 100.00%972 436 3.936% TOTAL INTEREST EARNED I certify that this report accurately reflects all City pooled investments Daniel Fox and is in conformity with the investment policy of the City of Diamond Bar City Treasurer approved by City Council and on file in the City Clerk's office. The investment program herein provides sufficient cash flow liquidity to meet the next six months estimated expenditures. $237,757.80 $2,418,606.70 3.91%3.92% CITY OF DIAMOND BAR INVESTMENT PORTFOLIO SUMMARY REPORT MAY 31,2026 MONTH ENDING FISCAL YEAR-TO-DATE MAY 31,2026 2025-2026 Page 33 of 655 City of Diamond Bar Portfolio Management May 31, 2026 City of Diamond Bar 21810 Copley Drive Diamond Bar, CA (909)839-7053 Portfolio Summary % of Portfolio Book ValueInvestmentsMarket Value Par Value Days to MaturityTerm YTM/C Federal Credit Union CD 12,639,000.00 1,56516.97 4.31569012,748,457.2512,639,000.00 Local Agency Investment Funds 25,372,656.38 134.07 3.810124,987,715.1025,372,656.38 Corporate Notes 10,392,443.05 1,67713.95 4.6351,40710,427,755.2510,850,000.00 Federal Agency Coupon Securities 6,637,636.95 1,5648.91 4.1043396,661,061.556,625,000.00 Treasury Coupon Securities 3,097,914.17 1,8134.16 2.9866203,069,040.853,125,000.00 Federal Agency Callable 4,500,000.00 1,8266.04 2.0231514,365,337.504,500,000.00 Certificate of Deposit 5,277,692.85 1,5967.09 4.3267065,311,569.595,339,000.00 Municipal Bonds 1,563,226.43 1,5852.10 4.7383411,544,199.641,595,000.00 Money Market Fund 4,993,815.45 16.71 3.59014,993,815.454,993,815.45 74,474,385.28 100.00%Investments 74,108,952.1875,039,471.83 972 436 3.936 Current Year May 31 237,757.80 Fiscal Year To Date 2,418,606.70 Average Daily Balance Effective Rate of Return 71,525,295.14 67,254,311.37 3.92%3.91% Total Earnings Month Ending __________________________________________________ ____________________ Jason M. Jacobsen, Finance Director Portfolio POOL AP Reporting period 05/01/2026-05/31/2026 Run Date: 06/10/2026 - 12:18 PM (PRF_PM1) 7.3.0 Report Ver. 7.3.6.1 06/10/2026 Page 34 of 655 Days to Maturity Page 1 Par Value Book Value Maturity Date Stated RateMarket Value May 31, 2026 Portfolio Details - Investments Average BalanceIssuer Portfolio Management City of Diamond Bar YTM/C TermCUSIPInvestment # Purchase Date Federal Credit Union CD 198America's Credit Union10402 248,000.00 248,000.00 12/16/20261.35012/16/2021 238,674.70 1,82606251A3K4 1.350 1,156ADVANTAGE CREDIT UNION10682 249,000.00 249,000.00 07/31/20294.45007/31/2024 252,742.72 1,82600790UAC1 4.450 403ALABAMA CREDIT UNION10750 249,000.00 249,000.00 07/09/20274.15007/09/2025 249,000.00 73001025RAT6 4.150 1,144ALTAONE FEDERAL CREDIT10683 249,000.00 249,000.00 07/19/20294.45007/19/2024 252,731.02 1,82602157RAA5 4.450 646Alaska USA FCU10547 249,000.00 249,000.00 03/08/20284.60003/08/2023 252,861.74 1,827011852AE0 4.600 477AUSTIN TELCO FCU10495 249,000.00 249,000.00 09/21/20273.80009/21/2022 248,064.26 1,826052392BT3 3.800 813Baxter Credit Union10697 249,000.00 249,000.00 08/22/20284.35008/22/2024 251,516.15 1,46107181JBH6 4.350 1,101Beal Bank-Plano TX10679 244,000.00 244,000.00 06/06/20294.65006/12/2024 249,267.47 1,82007371BWA5 4.650 1,484BOM BANK10744 249,000.00 249,000.00 06/24/20304.10006/24/2025 249,560.75 1,82609776DAV6 4.100 421Capital One Bank USA10453 248,000.00 248,000.00 07/27/20273.50007/27/2022 245,659.87 1,82614042THZ3 3.500 1,078CBC Federal Credit Union10663 249,000.00 249,000.00 05/14/20294.65005/14/2024 254,402.30 1,82612481GAZ0 4.650 962City Federal Credit Union10625 249,000.00 249,000.00 01/18/20294.00001/18/2024 248,770.92 1,82717783PAK7 4.000 781COASTAL1CU10684249,000.00 249,000.00 07/21/20284.55007/22/2024 252,914.28 1,46019058RAG6 4.550 1,163CARTER FEDERAL CU10686 249,000.00 249,000.00 08/07/20294.25008/07/2024 250,879.20 1,82614622LAS1 4.250 375Customers Bank10678 244,000.00 244,000.00 06/11/20274.85006/11/2024 247,884.48 1,09523204HPM4 4.850 875Empower FED Credit Union10596 248,000.00 248,000.00 10/23/20285.10010/23/2023 256,339.50 1,827291916AG9 5.100 1,184Enterprise Bank Corp.10720 249,000.00 249,000.00 08/28/20293.80008/28/2024 246,619.81 1,82629367RNG7 3.800 1,086First Foundation Bank10664 244,000.00 244,000.00 05/22/20294.60005/22/2024 248,712.37 1,82632026U5U6 4.600 384First Natl Bnk Blue Erth10681 248,000.00 248,000.00 06/20/20274.85006/20/2024 252,125.23 1,09532114MBC0 4.850 777FIRST PREMIER BANK10685 244,000.00 244,000.00 07/17/20284.45007/17/2024 247,068.79 1,46133610RVR1 4.450 112HEALTHCARE SYSTEMS FCU10496 249,000.00 249,000.00 09/21/20263.60009/21/2022 247,762.47 1,46142228LAH4 3.600 609Hickam10639249,000.00 249,000.00 01/31/20284.15001/31/2024 250,321.19 1,46142869GAB2 4.150 245State Bank of India10410 248,000.00 248,000.00 02/01/20271.75001/31/2022 239,542.46 1,827856285E98 1.750 486JEANNE D'ARC CREDIT UNION10491 249,000.00 249,000.00 09/30/20273.80009/30/2022 248,050.07 1,826472207AE9 3.800 77Jovia Financial Credit Union C10707 249,000.00 249,000.00 08/17/20264.65008/16/2024 250,756.20 73148115LAM6 4.650 182LAFAYETTE FCU10606 248,000.00 248,000.00 11/30/20265.25011/30/2023 252,246.01 1,09650625LBR3 5.250 819LINCOLN PARK COMMUNITY BANK10571 248,000.00 248,000.00 08/28/20285.00008/28/2023 255,291.20 1,827534574AC2 5.000 471LUMINATE BANK10487 249,000.00 249,000.00 09/15/20273.40009/15/2022 245,970.67 1,82655026MAE5 3.400 91Marine Federal Corp.10718 249,000.00 249,000.00 08/31/20264.00008/30/2024 248,943.98 73156824JBC7 4.000 211Medallion Bank10622 248,000.00 248,000.00 12/29/20264.50012/29/2023 249,798.74 1,09658404DUA7 4.500 707Morgan Stanley Bank10662 244,000.00 244,000.00 05/08/20284.70005/08/2024 248,468.37 1,46161690DQK7 4.700 1,480Morgan Stanley Bank10745 244,000.00 244,000.00 06/20/20304.30006/18/2025 246,684.49 1,82861776NTH6 4.300 1,011NICOLET NATIONAL BANK10643 249,000.00 249,000.00 03/08/20294.25003/08/2024 250,835.88 1,826654062LP1 4.250 7Oregon Community Cred Un10675 248,000.00 248,000.00 06/08/20265.05006/07/2024 250,322.77 73168584JAV1 5.050 200One Community Bank10676 249,000.00 249,000.00 12/18/20264.85006/18/2024 252,002.94 913682325EK7 4.850 77PIMA FEDERAL CREDIT10575 248,000.00 248,000.00 08/17/20265.30008/17/2023 251,496.55 1,096722000AC0 5.300 Portfolio POOL AP Run Date: 06/10/2026 - 12:18 PM (PRF_PM2) 7.3.0 Report Ver. 7.3.6.1Page 35 of 655 Days to Maturity Page 2 Par Value Book Value Maturity Date Stated RateMarket Value May 31, 2026 Portfolio Details - Investments Average BalanceIssuer Portfolio Management City of Diamond Bar YTM/C TermCUSIPInvestment # Purchase Date Federal Credit Union CD 913ROCKLAND FCU10607 248,000.00 248,000.00 11/30/20285.00011/30/2023 255,737.85 1,82777357DAB4 5.000 1,660Sallie Mae Bank10752 245,000.00 245,000.00 12/17/20303.85012/17/2025 245,000.00 1,826795451EG4 3.850 1,317SOMERSET TRUST CO10751 249,000.00 249,000.00 01/08/20303.95007/08/2025 249,000.00 1,645835104DG2 3.950 297SPOKANE TEACHERS CR UN10644 245,000.00 245,000.00 03/25/20274.75003/25/2024 248,134.78 1,095849061AF3 4.750 416Toyota Financial SGS Bank10442 248,000.00 248,000.00 07/22/20273.40007/22/2022 245,192.14 1,82689235MNT4 3.400 905TRUSTSTAR BANK10604 248,000.00 248,000.00 11/22/20284.75011/22/2023 253,735.25 1,82789839KAD7 4.750 193Timberland Bank Hoquaim10677 249,000.00 249,000.00 12/11/20264.85006/12/2024 251,960.11 91288709RBH1 4.850 786TTCU FED CU10564 248,000.00 248,000.00 07/26/20285.00007/26/2023 255,131.24 1,82789854LAD5 5.000 1,016Univest Bank & Trust Co.10651 249,000.00 249,000.00 03/13/20294.25003/13/2024 250,836.38 1,82691527PCF2 4.250 882UTAH FIRST CD10589 248,000.00 248,000.00 10/30/20285.10010/30/2023 256,390.83 1,82791739JAD7 5.100 486BANK OF THE VALLEY NE10494 249,000.00 249,000.00 09/30/20274.10009/30/2022 249,655.12 1,82606543PDA0 4.100 135VCC BANK10499 249,000.00 249,000.00 10/14/20264.25010/14/2022 249,741.02 1,46191823MBE4 4.250 1,095WASHINGTON FINANCIAL10674 244,000.00 244,000.00 05/31/20294.50005/31/2024 247,883.02 1,82693883MBA5 4.500 940Wells Fargo10617 248,000.00 248,000.00 12/27/20284.10012/27/2023 248,606.61 1,827949764JY1 4.100 882WORKERS FCU10590 248,000.00 248,000.00 10/30/20285.20010/30/2023 257,163.35 1,82798138MCA6 5.200 12,639,000.00 1,56512,748,457.2512,639,000.0012,639,000.00Subtotal and Average 690 4.315 Local Agency Investment Funds 1Local Agency Investment Fund10028 25,372,656.38 25,372,656.38 3.81024,987,715.10 1LAIF 3.810 25,372,656.38 124,987,715.1025,372,656.3824,224,269.28Subtotal and Average 1 3.810 Corporate Notes 1,746Amazon.Com Inc10761 500,000.00 495,343.47 03/13/20314.25003/25/2026 495,343.47 1,814023135DD5 4.469 1,628Ascension Health10757 500,000.00 498,272.17 11/15/20304.29403/24/2026 498,272.17 1,69704351LAD2 4.380 1,675Banner Health10758 500,000.00 448,914.39 01/01/20311.89703/24/2026 448,914.39 1,74406654DAD9 4.391 1,179Bank of NY Mello Corp.10732 350,000.00 331,404.50 08/23/20293.30001/13/2025 336,085.75 1,68306406YAA0 5.170 386Bank of America Corp.10515 500,000.00 485,934.85 06/22/20272.00012/27/2022 478,120.00 1,63806048WR36 5.000 1,628Baylor Scott & White Hlding10760 500,000.00 448,937.89 11/15/20301.77703/24/2026 448,937.89 1,697072863AH6 4.331 1,131CITIBANK10733350,000.00 347,987.71 08/06/20294.83801/13/2025 357,378.35 1,66617325FBK3 5.042 1,428CITIBANK10763350,000.00 357,180.23 05/29/20304.91404/27/2026 357,180.23 1,49317325FBP2 4.430 990SALES FORCE10769 350,000.00 351,354.14 03/15/20294.65004/27/2026 351,354.14 1,05379466LAR5 4.499 1,279ESTEE LAUDER CO10737 300,000.00 278,248.19 12/01/20292.37503/25/2025 276,582.30 1,71229736RAP5 4.707 774JOHN DEERE CAPITAL CORP10668 500,000.00 499,706.62 07/14/20284.95005/29/2024 512,160.00 1,50724422EXB0 4.979 918JP Morgan Chase10731 400,000.00 394,686.62 12/05/20294.45201/07/2025 400,666.80 1,79346647PAX4 4.980 1,390KENVUE INC10738 300,000.00 304,122.16 03/22/20305.00003/25/2025 309,040.50 1,82349177JAH5 4.581 1,355Marshfield Clinic Health10759 500,000.00 471,520.39 02/15/20302.70303/24/2026 471,520.39 1,42457284PAA9 4.391 Portfolio POOL AP Run Date: 06/10/2026 - 12:18 PM (PRF_PM2) 7.3.0 Page 36 of 655 Days to Maturity Page 3 Par Value Book Value Maturity Date Stated RateMarket Value May 31, 2026 Portfolio Details - Investments Average BalanceIssuer Portfolio Management City of Diamond Bar YTM/C TermCUSIPInvestment # Purchase Date Corporate Notes 1,720MERCK & CO INC10782 400,000.00 392,158.33 03/15/20314.15005/18/2026 392,158.33 1,76258933YBX2 4.610 1,318MET LIFE GLOBAL10734 500,000.00 499,488.01 01/09/20304.90001/09/2025 509,891.00 1,82659217GFT1 4.932 1,628META PLATFORMS10781 400,000.00 392,677.35 11/15/20304.20005/18/2026 392,677.35 1,64230303MAB8 4.660 1,383NATIONAL RURAL UTILITIES COOPE10739 300,000.00 277,011.65 03/15/20302.40003/25/2025 275,971.50 1,816637432NV3 4.691 1,689PROLOGIS LP10770 350,000.00 355,487.87 01/15/20314.75004/27/2026 355,487.87 1,72474340XCQ2 4.369 1,706PROLOGIS LP10772 350,000.00 309,119.34 02/01/20311.75005/06/2026 309,119.34 1,73274340XCA7 4.561 1,218CHARLES SCHWAB10740 300,000.00 283,372.69 10/01/20292.75003/25/2025 281,379.00 1,651808513BX2 4.611 1,654CHARLES SCHWAB10775 350,000.00 306,900.94 03/11/20311.65005/06/2026 306,900.94 1,770808513BG9 4.551 1,748ALABAMA POWER CO10773 350,000.00 346,546.58 03/15/20314.30005/06/2026 346,546.58 1,774010392GE2 4.531 1,736State Street Corp10762 500,000.00 449,285.13 03/03/20312.20003/25/2026 449,285.13 1,804857477BP7 4.609 1,720TJX CO INC10783 400,000.00 348,211.38 05/15/20311.60005/18/2026 348,211.38 1,823872540AW9 4.550 1,779UNITED HEALTH GROUP INC10771 400,000.00 408,750.38 04/15/20314.90004/27/2026 408,750.38 1,81491324PFA5 4.395 1,362US BANK CORP10774 350,000.00 309,820.07 02/22/20301.37505/06/2026 309,820.07 1,38891159HJA9 4.781 10,392,443.05 1,67710,427,755.2510,850,000.009,562,075.33Subtotal and Average 1,407 4.635 Federal Agency Coupon Securities 851CITIBANK10631750,000.00 764,748.60 09/29/20285.80301/30/2024 784,097.25 1,70417325FBB3 4.847 548Federal Farm Credit Bank10545 1,000,000.00 998,108.42 12/01/20274.12503/01/2023 1,006,393.00 1,7363133EPCG8 4.267 46Federal Farm Credit Bank10572 1,000,000.00 999,956.81 07/17/20264.62508/02/2023 1,006,442.00 1,0803133EPQC2 4.661 375Federal Home Loan Bank10432 1,000,000.00 999,812.42 06/11/20273.50006/16/2022 992,955.00 1,8213130ASGU7 3.520 11Federal Home Loan Bank10447 1,000,000.00 1,000,066.60 06/12/20263.37507/18/2022 993,763.00 1,4253130ASJ59 3.141 739Federal Home Loan Bank10563 500,000.00 501,797.22 06/09/20284.37507/21/2023 509,053.50 1,7853130AWMN7 4.177 70Federal Home Loan Bank10706 575,000.00 575,000.00 08/10/20294.25008/20/2024 571,303.90 1,8163130B2F59 4.250 374INTER-AMERICAN DEV. BANK10498 500,000.00 497,421.11 06/10/20272.98009/13/2022 491,113.00 1,73145818WED4 3.902 69Morgan Stanley Bank10708 300,000.00 300,725.77 08/09/20266.25008/01/2024 305,940.90 73861746BCY0 4.888 6,637,636.95 1,5646,661,061.556,625,000.006,637,985.76Subtotal and Average 339 4.104 Treasury Coupon Securities 1,340UST10735300,000.00 297,782.68 01/31/20304.25002/13/2025 305,871.00 1,81391282CMG3 4.477 1,309UST10736325,000.00 323,806.33 12/31/20294.37502/13/2025 333,150.35 1,78291282CMD0 4.489 213U.S. Treasury10403 1,000,000.00 999,397.21 12/31/20261.25001/04/2022 962,539.00 1,82291282CDQ1 1.357 394U.S. Treasury10436 1,000,000.00 1,002,344.27 06/30/20273.25007/14/2022 991,133.00 1,81291282CEW7 3.014 1,034U.S. Treasury10654 500,000.00 474,583.68 03/31/20292.37504/08/2024 476,347.50 1,81891282CEE7 4.393 3,097,914.17 1,8133,069,040.853,125,000.003,097,553.76Subtotal and Average 620 2.986 Portfolio POOL AP Run Date: 06/10/2026 - 12:18 PM (PRF_PM2) 7.3.0 Page 37 of 655 Days to Maturity Page 4 Par Value Book Value Maturity Date Stated RateMarket Value May 31, 2026 Portfolio Details - Investments Average BalanceIssuer Portfolio Management City of Diamond Bar YTM/C TermCUSIPInvestment # Purchase Date Federal Agency Callable 224Federal Farm Credit Bank10397 1,000,000.00 1,000,000.00 01/11/20271.47001/11/2022 964,163.00 1,8263133ENKG4 1.470 239Federal Farm Credit Bank10405 1,500,000.00 1,500,000.00 01/26/20271.84001/26/2022 1,453,453.50 1,8263133ENMA5 1.840 23Federal Farm Credit Bank10746 500,000.00 500,000.00 06/24/20304.65006/24/2025 499,550.50 1,8263133ETMB0 4.650 57Federal Home Loan Bank10406 1,500,000.00 1,500,000.00 01/28/20271.70001/28/2022 1,448,170.50 1,8263130AQKJ1 1.700 4,500,000.00 1,8264,365,337.504,500,000.004,500,000.00Subtotal and Average 151 2.023 Certificate of Deposit 790Bank of NY Mello Corp.10717 500,000.00 481,560.04 10/30/20283.00008/01/2024 481,544.00 1,55106406GAA9 4.702 507Bank of America Corp.10716 300,000.00 294,826.53 10/21/20273.24808/01/2024 294,235.50 1,17606051GGA1 4.596 352Cy Fair FCU10555 249,000.00 249,000.00 05/19/20274.35005/19/2023 250,684.98 1,46123288UAA5 4.355 1,053Federal Home Loan Bank10661 500,000.00 500,000.00 04/19/20295.01004/19/2024 508,452.50 1,8263130B0YH6 5.010 1,053Freedom Northwest CU10658 249,000.00 249,000.00 04/19/20294.55004/19/2024 253,466.81 1,826356436AR6 4.550 99Goldman Sachs Bank10260 248,000.00 248,000.00 09/08/20261.05009/08/2021 239,465.58 1,82638149MZJ5 1.051 511PNC BANK NA10669 500,000.00 485,858.40 10/25/20273.10005/29/2024 487,655.50 1,24469353RFG8 5.335 421Third Fed Savings & Loan10455 245,000.00 245,000.00 07/27/20273.40007/27/2022 242,205.53 1,82688413QDM7 3.402 172Toyota MTR Credit Corp10670 500,000.00 500,478.93 11/20/20265.40005/29/2024 508,115.50 90589236TLD5 5.179 983TEXAS INSTRUME10653 750,000.00 752,108.91 02/08/20294.60004/01/2024 762,558.75 1,774882508CG7 4.480 100UBS Bank USA10261 248,000.00 248,000.00 09/09/20260.95009/09/2021 239,160.04 1,82690348JS92 0.000 1,155US BANK CORP10715 300,000.00 283,666.63 07/30/20293.00008/01/2024 283,976.40 1,82491159HHW3 4.938 1,034UST10657750,000.00 740,193.41 03/31/20294.12504/22/2024 760,048.50 1,80491282CKG5 4.647 5,277,692.85 1,5965,311,569.595,339,000.005,276,564.28Subtotal and Average 706 4.326 Municipal Bonds 61LOS ANGELES CA CMNTY CLG DIST10523 365,000.00 363,046.20 08/01/20261.17401/05/2023 353,271.82 1,30454438CYL0 4.700 426POWAY UNIFIED SCHOOL DIST10522 1,230,000.00 1,200,180.23 08/01/20272.41401/04/2023 1,190,927.82 1,670738850TA4 4.750 1,563,226.43 1,5851,544,199.641,595,000.001,561,773.21Subtotal and Average 341 4.738 Wells Fargo Sweep Account 1Wells Fargo10036 0.00 0.00 0.01007/01/2012 0.00 1SWEEP 0.010 0.00 00.000.000.00Subtotal and Average 0 0.000 Money Market Fund 1State Street Advisors10562 4,993,815.45 4,993,815.45 3.59005/31/2023 4,993,815.45 1857492888 3.590 1Western Asset10561 0.00 0.00 5.15005/25/2023 0.00 152470G882 5.150 4,993,815.45 14,993,815.454,993,815.454,026,073.51Subtotal and Average 1 3.590 Portfolio POOL AP Run Date: 06/10/2026 - 12:18 PM (PRF_PM2) 7.3.0 Page 38 of 655 Days to Maturity Page 5 Par Value Book Value Stated RateMarket Value May 31, 2026 Portfolio Details - Investments Average BalanceIssuer Portfolio Management City of Diamond Bar YTM/C TermCUSIPInvestment # Purchase Date 97271,525,295.14 75,039,471.83 436 3.93674,108,952.18 74,474,385.28Total and Average Portfolio POOL AP Run Date: 06/10/2026 - 12:18 PM (PRF_PM2) 7.3.0 Page 39 of 655 Days to Maturity Page 6 Par Value Book Value Stated RateMarket Value May 31, 2026 Portfolio Details - Cash Average BalanceIssuer Portfolio Management City of Diamond Bar YTM/C TermCUSIPInvestment # Purchase Date 0.00 97271,525,295.14 75,039,471.83 436 3.936 0 0Average Balance 74,108,952.18 74,474,385.28Total Cash and Investments Portfolio POOL AP Run Date: 06/10/2026 - 12:18 PM (PRF_PM2) 7.3.0 Page 40 of 655 Page 1 Stated Rate Transaction Date May 1, 2026 through May 31, 2026 Activity By Type Balance Portfolio Management City of Diamond Bar CUSIP Investment #Issuer Purchases or Deposits Redemptions or Withdrawals Federal Credit Union CD 12,639,000.00Subtotal Local Agency Investment Funds (Monthly Summary) Local Agency Investment Fund10028 3,000,000.003.810 2,800,000.00LAIF 2,800,000.00 25,372,656.38Subtotal3,000,000.00 Corporate Notes MERCK & CO INC10782 392,099.204.150 05/18/2026 0.0058933YBX2 META PLATFORMS10781 392,618.004.200 05/18/2026 0.0030303MAB8 PROLOGIS LP10772 308,511.001.750 05/06/2026 0.0074340XCA7 CHARLES SCHWAB10775 306,274.501.650 05/06/2026 0.00808513BG9 ALABAMA POWER CO10773 346,496.504.300 05/06/2026 0.00010392GE2 TJX CO INC10783 347,834.001.600 05/18/2026 0.00872540AW9 US BANK CORP10774 309,071.001.375 05/06/2026 0.0091159HJA9 0.00 10,392,443.05Subtotal2,402,904.20 Federal Agency Coupon Securities 6,637,636.95Subtotal Treasury Coupon Securities 3,097,914.17Subtotal Federal Agency Callable 4,500,000.00Subtotal Certificate of Deposit 5,277,692.85Subtotal Municipal Bonds 1,563,226.43Subtotal Wells Fargo Sweep Account 0.00Subtotal Portfolio POOL AP Run Date: 06/10/2026 - 12:18 PM (PRF_PM3) 7.3.0 Report Ver. 7.3.6.1 Page 41 of 655 Page 2 Stated Rate Transaction Date May 1, 2026 through May 31, 2026 Activity By Type Balance Portfolio Management City of Diamond Bar CUSIP Investment #Issuer Purchases or Deposits Redemptions or Withdrawals Money Market Fund State Street Advisors10562 2,512,373.843.590 2,400,000.00857492888 2,400,000.00 4,993,815.45Subtotal2,512,373.84 74,474,385.28Total5,200,000.007,915,278.04 Portfolio POOL AP Run Date: 06/10/2026 - 12:18 PM (PRF_PM3) 7.3.0 Page 42 of 655 Page 1 May 2025 through May 2026 Distribution of Investments By Type Portfolio Management City of Diamond Bar AverageJuneMayJuly 2025 2025 by Period SeptemberAugust October 2025 2025 DecemberNovember January 2025 2026 February April 2026 2026 May 2026Security Type March 2026202520252025 22.5 23.121.4Federal Credit Union CD 23.5 22.523.5 22.4 19.923.2 18.3 17.619.2 17.0 21.1% 15.1 14.513.2Local Agency Investment Funds 13.9 13.713.4 13.6 27.314.3 36.1 35.133.6 34.1 21.4% Negotiable CDs 5.3 5.45.1Corporate Notes 5.8 5.85.6 5.6 5.35.9 9.4 11.15.3 14.0 6.9% 11.0 11.311.4Federal Agency Coupon Securities 12.1 12.011.7 11.7 10.912.3 9.6 9.310.9 8.9 11.0% Federal Agency Disc. -Amortizing 7.3 7.58.5Treasury Coupon Securities 6.5 4.87.8 4.7 4.45.0 4.5 4.34.4 4.2 5.7% Treasury Discounts -Amortizing 11.1 11.510.1Federal Agency Callable 11.0 11.011.8 9.2 8.610.5 6.5 6.37.2 6.0 9.3% 9.4 9.39.5Certificate of Deposit 9.9 9.99.6 9.7 9.010.2 8.1 7.49.1 7.1 9.1% Callables 2.2 2.32.5Municipal Bonds 2.4 2.42.3 2.4 2.22.5 2.3 2.22.2 2.1 2.3% Wells Fargo Sweep Account 16.2 15.218.4Money Market Fund 14.9 18.014.4 20.8 12.316.2 5.3 6.88.1 6.7 13.3% Floating Rate Notes Portfolio POOL AP Run Date: 06/10/2026 - 12:18 PM (PRF_PM5) 7.3.0 Report Ver. 7.3.6.1 Page 43 of 655 Agenda Item #: 6.4 Meeting Date: June 16, 2026 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager SUBJECT: Professional Services Agreement with Diana Cho and Associates through June 30, 2031. STRATEGIC GOAL: Safe, Sustainable and Healthy Community RECOMMENDATION: Approve, and authorize the City Manager to sign, the Professional Services Agreement with Diana Cho and Associates for CDBG Program administration services through June 30, 2031. FINANCIAL IMPACT: The total not-to-exceed amount of the Agreement is $300,000. Payments to the Consultant are limited annually to no more than 20% of the annual Community Development Block Grant (CDBG) budget, excluding the Home Improvement Program (HIP), which is managed by a separate consultant. It is estimated that annual payments to the Consultant will average $60,000 over the term of the contract, but ultimately depends on the annual CDBG budget totals. For FY 2026/27, the CDBG budget allocation for non- HIP programs is approximately $200,000, of which approximately $40,000 will be spent on administrative costs. For subsequent years, the annual amount will be based on future CDBG budget allocations, which tend to increase year-over-year. BACKGROUND: The City receives annual CDBG funds disbursed through the Los Angeles County Development Authority (LACDA). The funds have historically been used for a variety of capital and service-based programs, such as park and sidewalk ADA improvements, and senior programs. As a contract City, Diamond Bar has utilized professional consultants to provide labor and contract compliance services to oversee use of CDBG funds and ensure compliance with federal and LACDA rules and regulations. On July 1, 2021, the City entered into a five-year Professional Services Agreement with Diana Cho and Associates to administer the CDBG program, which expires on June 30, 2026. ANALYSIS: On April 28, 2026, the City published a detailed Request for Proposals (RFP) through PlanetBids, inviting qualified Page 44 of 655 Agenda Item #: 6.4 Meeting Date: June 16, 2026 consulting firms to submit proposals to administer the CDBG program. Four firms submitted proposals: City Consultants & Research, LLC, Diana Cho and Associates, The Ramsay Group, and Willdan Engineering. Two other firms responded that they would be unable to submit proposals. A direct cost comparison based on hourly rates from the four proposals is provided below: Based on the proposals received, Diana Cho and Associates is recommended for award of the contract for CDBG Program Administration Services. The proposal demonstrates the strongest combination of directly relevant experience, familiarity with the City’s existing CDBG program, and practical understanding of LACDA administrative requirements. Diana Cho and Associates has provided CDBG administration services to the City of Diamond Bar since 1993 and currently administers the City’s program, including contract, labor, and Section 3 compliance monitoring. The firm’s proposal reflects extensive experience with LACDA procedures, including Exhibit A preparation, Planning Summaries, Quarterly Performance Reports, funding requests, Davis-Bacon compliance, and audit coordination, all of which are directly applicable to the City’s participation in the Los Angeles Urban County CDBG Program. In addition to demonstrated qualifications, the proposal presents the clearest and most administratively manageable cost structure. The proposal includes a not-to-exceed amount of $36,000 and specifies that additional services would be contingent upon the availability of budgeted funds, providing a clear framework for cost control and reducing the risk of exceeding available program administration resources. Given the firm’s longstanding institutional knowledge of the City’s program, demonstrated performance, and familiarity with LACDA requirements and monitoring practices, the selection of Diana Cho and Associates is expected to provide continuity, minimize administrative disruption, and support continued compliance with federal and County program requirements. LEGAL REVIEW: The City Attorney has reviewed and approved the attached Professional Services Agreement as to form. PREPARED BY: Greg Gubman, Director, Community Development ATTACHMENTS: 1. Professional Services Agreement Page 45 of 655 1 PROFESSIONAL SERVICES AGREEMENT CDBG Non-Design Professional THIS AGREEMENT (the "Agreement") is made as of July 1, 2026 by and between the City of Diamond Bar, a municipal corporation ("City") and Diana Cho and Associates, a sole proprietor. ("Consultant"). 1. Consultant’s Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to the reasonable satisfaction of the City the performance of CDBG program administration services as set forth in Exhibit “A” (Scope of Services), which is incorporated herein by this reference. Consultant shall perform such services in accordance with the compensation provisions set forth in Exhibit “A” and in compliance with all applicable federal, state, and local requirements, including those set forth in Exhibit “B” (Federal/County Requirements). As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work, and that it is fully qualifie d to perform such services by virtue of its experience and the training, education, and expertise of its principals and employees. The Community Development Director, or designee, shall serve as the City’s Project Manager. Consultant shall coordinate its services with the City’s Project Manager as required, and all work performed shall be subject to the review and approval of the City. 2. Term of Agreement. This Agreement shall take effect July 1, 2026, and shall continue until June 30, 2031 (“Term”) unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. The sum of payments to Consultant per fiscal year shall not exceed twenty (20) percent of the adopted CDBG budget, excluding the Home Improvement Program, for that same fiscal year without the prior written consent of the City. Total payments to Consultant pursuant to this Agreement shall not exceed THREE HUNDRED THOUSAND Dollars ($300,000) without the prior written consent of the City. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. 4. Payment. Page 46 of 655 2 A. As scheduled services are completed, Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. City will pay Consultant the amount properly invoiced within 35 days of receipt. D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Records and Audits. The Consultant shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the City to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the CITY, LACDA, HUD or any authorized representative, and will be retained five (5) years after the expiration of this Agreement unless permission to destroy them is granted by the City. (24 CFR Part 200) 6. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his/her designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time , if any, and adjustment of the fee to be paid by City to Consultant. 7. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any exhibit attached hereto, the provisions of this Agreement shall control; provided, however, that to the extent this Agreement is funded in whole or in part with Community Development Block Grant (CDBG) funds, any applicable federal, state, or county laws, regulations, or requirements, including those set forth in Exhibit “B”, shall control over any conflicting provision of this Agreement or its exhibits. Consultant shall comply with the most stringent applicable requirement in the event of any conflict among federal, state, or local requirements. 8. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent , except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. Page 47 of 655 3 B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency or the Public Employee Retirement System regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant , its employees or subconsultants, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws. D. Consultant shall, at Consultant’s sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to a City of Diamond Bar business license. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City a ny reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Consultant’s failure to comply with this Section. 9. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 10. Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Workers’ Compensation Act and other employee benefit acts with respect to Consultant’s employees or Consultant’s contractor’s employees arising out of Consultant’s work under this Agreement; and (2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the Page 48 of 655 4 City. Should City in its sole discretion find Consultant’s legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third-party indemnification rights of any kind. (3) The Consultant's obligations to indemnify, defend and hold harmless the City shall survive termination of this Agreement. 11. Insurance. A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $2,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) automotive liability insurance written on an occurrence basis covering all owned, non-owned and hired automobiles, with minimum combined single limits coverage of $2,000,000.00; and (3) Worker’s Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) days prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A -, VII. Page 49 of 655 5 E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Consultant fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant. I. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to a ll of the requirements stated herein. 12. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specif ically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 13. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or Page 50 of 655 6 dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 14. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least five (5) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from the City, and copies thereof shall be furnished if requested. 15. Conflict of Interest. A. Consultant shall comply with all applicable federal, state, and local conflict of interest laws and regulations, including but not limited to 24 CFR §570.611 and 2 CFR §200.318(c). B. Consultant represents and warrants that it presently has no interest, and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of services under this Agreement. Consultant further covenants that, in the performance of this Agreement, no person having such an interest shall be employed by it. Consultant shall avoid both actual conflicts of interest and the appearance of conflicts of interest. C. Consultant shall disclose in writing to the City any actual or potential conflict of interest prior to execution of this Agreement and promptly upon becoming aware of any such conflict during the term of this Agreement, including any other employment, contractual relationship, or financial interest that may create a conflict with the interests of the City, the Los Angeles County Development Authority (LACDA), or the CDBG program. D. No person who exercises or has exercised any functions or responsibilities with respect to CDBG activities, or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contract, subcontract, or agreement with respect to a CDBG -assisted activity, either for themselves or for those with whom they have business or immediate family ties, during their tenure or for one (1) year thereafter. E. Consultant covenants that it shall not give or receive any compensation, monetary or otherwise, from any vendor, contractor, or subcontractor in connection with the performance of this Agreement, where such compensation could reasonably be expected to influence the performance of Consultant’s duties. Page 51 of 655 7 F. Consultant shall incorporate the substance of this section into all subcontracts funded in whole or in part with CDBG funds. 16. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following mailing of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving writte n notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 17. Non-Discrimination and Equal Employment Opportunity. A. General Non-Discrimination. Consultant shall not discriminate as to race, color, creed, religion, sex, Consultant shall not discriminate in the performance of this Agreement on the basis of race, color, creed, religion, sex, gender identity, sexual orientation, marital status, national origin, ancestry, age, physical or mental disability, medical condition, or any other characteristic protected by applicable law. Such nondiscrimination shall include, but not be limited to, employment, upgrading, demo tion, transfer, recruitment, recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. B. Compliance with Federal Requirements. Consultant shall comply with all applicable federal nondiscrimination laws and regulations, including but not limited to: • Title VI of the Civil Rights Act of 1964; • Section 109 of the Housing and Community Development Act of 1974; • The Age Discrimination Act of 1975; • Section 504 of the Rehabilitation Act of 1973; • The Americans with Disabilities Act; and • Executive Order 11246 and its implementing regulations. Consultant shall take affirmative action as required to ensure nondiscrimination in employment and program delivery and shall comply with all applicable implementing regulations. C. Limited English Proficiency (LEP). Consultant shall comply with Executive Order 13166 and applicable HUD guidance to ensure meaningful access to programs and activities by persons with limited English proficiency. D. Section 3 Requirements. Page 52 of 655 8 To the greatest extent feasible, Consultant shall provide opportunities for training and employment to low- and moderate-income residents and shall award contracts for work in connection with this Agreement to business concerns that provide economic opportunities to such persons, consistent with Section 3 of the Housing and Urban Development Act of 1968. E. Subcontracts. Consultant shall include the substance of this Section in all subcontracts and shall ensure compliance by all subcontractors. 18. Reserved. 19. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 20. Reserved. 21. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Consultant’s control. If Consultant believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Consultant be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 22. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 23. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. Consultant shall comply with all provisions of Exhibit “B”. 24. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. 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. Page 53 of 655 9 25. Federal Funding Requirements. This Agreement is funded with CDBG funds administered by LACDA. In the event of conflict between this Agreement and federal requirements, federal requirements control. 26. Reserved. 27. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. “CONSULTANT” “CITY” Diana Cho and Associates City of Diamond Bar 16716 Rocky Knoll Road 21810 Copley Drive Hacienda Heights, CA 91745 Diamond Bar, CA 91765-4178 Attn.: Diana Cho Attn.: Greg Gubman Phone: (626) 374-2184 Phone: (909) 839-7030 Email: dcho.consultants@gmail.com Email: GGubman@DiamondBarCa.gov 28. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. The venue for any action brought under this Agreement shall be in Los Angeles County. 29. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 30. Reserved. 31. Consultant’s Warranty of Compliance with County’s Defaulted Property Tax Reduction Program: A. The Consultant acknowledges that the County has established a goal of ensuring that all individuals and businesses that benefit financially from the County through contract are current in paying their personal and real property tax obligations (secured and unsecured roll) in order to mitigate the economic burden otherwise imposed upon the County and its taxpayers. Unless the Consultant qualifies for an exemption or exclusion, the Consultant warrants and certifies that to the best of its knowledge it is now in compliance, and during the term of this Agreement will maintain compliance, with the County's Defaulted Tax Program, found at Los Angeles County Ordinance No. 2009-0026 and codified at Los Angeles County Code, Chapter 2.206. B. Failure of the Consultant to maintain compliance with the requirements set forth in the “County’s Defaulted Property Tax Reduction Program " shall constitute default under this Agreement. Without limiting the rights and remedies available to the City under any other provision of this Agreement, failure of the Consultant to cure such de fault within Page 54 of 655 Page 55 of 655 1 2 cities. Furthermore, Diana Cho and Associates are actively involved with LACDA monitors and city auditors during CDBG programmatic and financial audits. Section 3. Proposed Scope of Services Diana Cho and Associates will provide CDBG program consulting services for program administration, implementation, and monitoring. The proposed CDBG services to be offered are as follows: Consultants will provide technical assistance for the administration and implementation of the City's projects and activities. • Prepare CDBG documents including contracts, agreements, and amendments. • Prepare public hearing notices for citizen input on the allocation of annual funds and/or any changes in the CDBG allocation of funds. • Prepare reports for City Council review and approval of CDBG projects and activities. • Prepare and submit Annual Program Planning Summaries indicating the projects and budgets for the CDBG Program to LACDA. • Process CDBG Reimbursable Contract and Amendments. • Prepare and complete LACDA reports and documents including the Quarterly Performance Report, labor standards report and Contract/Subcontract activity report. • Keep City informed about current County and HUD requirements for the CDBG Program including historical preservation clearance, environmental impact review and procurement guidelines for services, supplies, and equipment, if necessary. Consultants will prepare the Agreements to Implement Projects including project descriptions and budgets. • Complete and submit the Exhibit A Input documents which describe the CDBG project, funding amount, program beneficiaries, and project location. • Prepare and process amendments for on -going projects. Prepare public hearing notices for substantial changes in project description and/or funding levels. Consultants will assist in the preparation of CDBG Funding Requests for each project. • Review payment requests and invoices for CDBG services, supplies, and equipment, if necessary. Exhibit “A” Scope of Work Page 56 of 655 1 3 • Assist with the preparation and submission of CDBG Funding Requests to the County each month. • Monitor the drawdown of CDBG funds to comply with the LACDA/HUD performance goals. Consultants will coordinate with the City’s CDBG program team and gather all necessary files and documentation for program monitoring and audit preparation. • Develop and maintain all necessary documentation for CDBG monitoring and Single Audit. • Assist County and Federal CDBG monitors during program performance reviews, and City auditors during Single Audit. Consultants will provide Davis-Bacon monitoring and contract compliance for CDBG-funded construction projects. • Review construction contracts and bid specifications for compliance with Federal requirements to ensure that all appropriate forms are included in bid package. • Submit construction bid document to LACDA prior to advertisement of bids. • Verify contractor and subcontractor eligibility. • Participate in preconstruction conferences as requested by the City. • Prepare and submit documents and reports required by the U.S. Department of Labor (DOL) and U.S. Department of Housing and Urban Development (HUD) for construction projects. • Report any wage modifications, or other changes in requirements as they are issued. • Review Weekly Certified Payroll Reports. • Prepare and maintain labor and contract compliance files for LACDA and HUD monitoring. • Review all construction contract files prior to project close -out. Consultants will provide Section 3 monitoring and compliance for CDBG -funded construction projects. • Review construction contracts and bid specifications to ensure that all Section 3 compliance forms are included in bid package. • Provide technical assistance to City’s CDBG program team regarding the objectives and requirements of Section 3. • Review documentation of actions taken to comply with Section 3. • Monitor Section 3 Qualitative Efforts and Section 3 payroll documentation. • Provide technical assistance to the prime contractors and sub-contractors in meeting the Section 3 project requirements. Page 57 of 655 1 4 Consultants will act as City's liaison and representative to LACDA. • Coordinate program monitoring visits and audits. • Prepare responses to LACDA correspondence and monitoring findings. • Submit inquiries for clarifications and determinations on behalf of the City. Consultants will ensure compliance with all applicable Federal, State, and local laws and policies. • Keep updated copies of CDBG regulations and handbooks at City Hall. • Circulate CDBG information bulletins to City’s CDBG team. • Attend County and HUD seminars on program and regulatory changes. Page 58 of 655 1 6 Section 5. Schedule of Fees Cho and Associates will provide services in an amount not to exceed $36,000. The fees for consulting services are inclusive of all normal business overhead and will be as follows: Principal - $ 95.00 per hour Associates - $ 90.00 per hour Diana Cho will serve as the lead consultant for providing CDBG Project Administrative and Technical Assistance Services. The consultant will work on an as needed basis at City Hall offices. Approximately four to eight hours of consultant services will be provided each week. Additional hours can be provided if requested by the City, and upon availability of other funds in the budget. Consultants will provide any other technical assistance when required by the City in the areas of project management, administrative assistance, and labor and contract compliance monitoring. Page 59 of 655 1 EXHIBIT “B” Federal/County Requirements (CDBG) 1. Conflict of Interest Consultant shall comply with: • 24 CFR §570.611 • 2 CFR §200.318 No covered person may obtain a financial interest in a CDBG-assisted activity during tenure or for one year thereafter. 2. Uniform Administrative Requirements Consultant shall comply with: • 2 CFR Part 200, as implemented by HUD at 2 CFR Part 2400 • Applicable provisions of 24 CFR Part 570 3. Records and Access Consultant shall: • Maintain records for five (5) years • Provide access to the City, LACDA, HUD, and the Comptroller General • Comply with 2 CFR §§200.334–200.338 4. Debarment and Suspension Consultant certifies that it is not debarred or suspended and is not listed on SAM.gov, pursuant to 2 CFR Part 200. 5. Lobbying Restrictions Consultant shall comply with 31 U.S.C. §1352 and shall not use federal funds for lobbying activities. If non-federal funds are used, Consultant shall submit Standard Form LLL. 6. Civil Rights and Non-Discrimination Consultant shall comply with: • Title VI of the Civil Rights Act • Section 109 of the Housing and Community Development Act • Age Discrimination Act Page 60 of 655 2 • Section 504 of the Rehabilitation Act • Americans with Disabilities Act 7. Limited English Proficiency (LEP) Consultant shall take reasonable steps to ensure meaningful access to programs and services by persons with limited English proficiency, consistent with Executive Order 13166. 8. Section 3 (Economic Opportunity) To the greatest extent feasible, Consultant shall comply with Section 3 requirements. • Applies primarily to subcontracting and hiring, if applicable • Consultant shall document good faith efforts • Applies only to the extent activities trigger Section 3 obligations 9. Environmental Compliance Consultant shall comply with applicable environmental requirements under: • National Environmental Policy Act (NEPA), if applicable • Clean Air Act • Clean Water Act 10. Energy Efficiency Consultant shall comply with applicable energy efficiency requirements under the Energy Policy and Conservation Act, to the extent applicable. 11. Patent Rights City retains a royalty-free license to use work products developed under this Agreement for governmental purposes. 12. County Requirements Consultant shall comply with: • County Lobbying Ordinance (Chapter 2.160) • Child Support Compliance Program (Chapter 2.200) • Defaulted Property Tax Reduction Program (Chapter 2.206) 13. General Compliance Consultant shall comply with all applicable federal, state, and local laws governing CDBG-funded activities. Page 61 of 655 Agenda Item #: 6.5 Meeting Date: June 16, 2026 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager SUBJECT: Professional Services Agreement with FRJ & Associates. STRATEGIC GOAL: Safe, Sustainable and Healthy Community RECOMMENDATION: Approve, and authorize the City Manager to sign, the Professional Services Agreement with FRJ & Associates to administer the Home Improvement Program through June 30, 2031. FINANCIAL IMPACT: The total not-to-exceed amount of the Agreement is $350,000. Payments to the Consultant are limited annually to no more than 20% of the annual budget allocation for the Home Improvement Program (HIP), which is paid for entirely with Community Development Block Grant (CDBG) and Permanent Local Housing Allocation (PLHA) funds. It is estimated that annual payments to the Consultant will average $70,000 over the term of the contract, but will ultimately depend on the annual CDBG and PLHA budget totals. For FY 2026/27, the HIP budget allocation is $355,681 ($210,000 from CDBG, $145,681 from PLHA), of which approximately $71,000 may be spent on administrative costs. For subsequent years, the annual amount will be based on future CDBG and PLHA budget allocations, but the total annual allocation for the Home Improvement Program will likely remain steady. BACKGROUND: The purpose of the Home Improvement Program is to preserve and enhance owner-occupied houses and condominiums throughout the City by providing financial assistance to low and moderate-income households. The HIP allows participants to apply for deferred loans of up to $22,000 for condominiums and $37,000 for single-family residences. Eligible owners may correct hazardous structural conditions, make modifications necessary to provide access to individuals with disabilities, improve the overall exterior of the home, and/or correct exterior code violations. As with all CDBG and PLHA-funded programs, the administration of the Home Improvement Program is subject to the terms of the City’s cooperative agreements with the Los Angeles County Community Development Authority (LACDA). On September 1, 2021, the City entered into a multi-year Professional Services Agreement with FRJ & Associates to administer the HIP, which expires on June 30, 2026. Page 62 of 655 Agenda Item #: 6.5 Meeting Date: June 16, 2026 ANALYSIS: On April 30, 2026, the City published a detailed Request for Proposals (RFP) through PlanetBids, inviting qualified consulting firms to submit proposals to administer the CDBG program. Three firms submitted proposals: FRJ & Associates, NPHS Community Redevelopment, and Willdan Engineering. All proposals stated that their fees would not exceed 20% of the loan amounts. Two other firms responded that they would be unable to submit proposals. After reviewing the proposals received, staff recommends that the City Council authorize staff to execute a Professional Services Agreement with FRJ & Associates. Although all three firms demonstrated relevant experience in housing and community development programs, FRJ & Associates was determined to provide the best overall value to the City based on demonstrated performance, direct familiarity with Diamond Bar’s HIP, responsiveness to residents, and proven ability to administer the program in compliance with LACDA requirements. FRJ & Associates has successfully administered Diamond Bar’s HIP for approximately five years and has consistently demonstrated a strong working knowledge of the City’s program requirements, LACDA regulations, contractor oversight, construction management, and loan documentation procedures. During this time, the firm has provided a high level of service to participating homeowners, maintained thorough program documentation, and effectively managed projects from eligibility determination through construction completion and close-out. The firm’s continuity and institutional knowledge are expected to minimize administrative disruption and allow the program to continue operating efficiently without the transition time that would likely be required under a new consultant. In addition, FRJ’s proposed compensation structure remains closely aligned with the City’s CDBG and PLHA administrative limitations, as compensation is tied to a percentage of project costs and may be paid entirely from allowable administrative funding. While other proposers demonstrated broader grant administration or affordable housing experience, staff determined that FRJ & Associates possesses the strongest combination of directly relevant HIP implementation experience, demonstrated performance administering Diamond Bar’s program, and familiarity with the City’s established procedures and residents. LEGAL REVIEW: The City Attorney has reviewed and approved the Agreement as to form. PREPARED BY: Greg Gubman, Community Development Director ATTACHMENTS: 1. Professional Services Agreement Page 63 of 655 1 PROFESSIONAL SERVICES AGREEMENT CDBG Non-Design Professional THIS AGREEMENT (the "Agreement") is made as of July 1, 2026 by and between the City of Diamond Bar, a municipal corporation ("City") and FRJ & Associates, a California general partnership ("Consultant"). 1. Consultant’s Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide administration and implementation services for the City’s Home Improvement Program (“HIP”), including housing rehabilitation program administration, loan processing, construction oversight, and regulatory compliance services, as set forth in Exhibit A (Scope of Work), which is incorporated herein by this reference. Consultant shall perform such services in compliance with all applicable federal, state, and local requirements, including Community Development Block Grant (CDBG) and Permanent Local Housing Allocation (PLHA) program requirements, as set forth in Exhibit B (Federal, State, and County Requirements). As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. The Community Development Director, or designee, shall serve as the City’s Project Manager. Consultant shall coordinate its services with the City’s Project Manager as required, and all work performed shall be subject to the review and approval of the City. 2. Term of Agreement. This Agreement shall take effect July 1, 2026, and shall continue until June 30, 2031 (“Term”) unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. The sum of payments to Consultant per fiscal year shall not exceed twenty (20) percent of the combined CDBG and PLHA funding allocated to the HIP for that same fiscal year without the prior written consent of the City. Total payments to Consultant pursuant to this Agreement shall not exceed THREE HUNDRED FIFTY THOUSAND Dollars ($350,000) without the prior written consent of the City. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. 4. Payment. Page 64 of 655 2 A. As scheduled services are completed, Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. City will pay Consultant the amount properly invoiced within 35 days of receipt. D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Records and Audits. The Consultant shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the CITY to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the CITY or any authorized representative, and will be retained five (5) years after the expiration of this Agreement unless permission to destroy them is granted by the CITY. Consultant shall comply with applicable federal requirements, including 2 CFR Part 200 and 24 CFR Part 570. 6. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his/her designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time , if any, and adjustment of the fee to be paid by City to Consultant. 7. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any exhibit, the provisions of this Agreement shall control; provided, however, that applicable federal, state (PLHA), and county requirements shall control over any conflicting provision. Consultant shall comply with the most stringent applicable requirement. 8. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent, except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent Page 65 of 655 3 contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency or the Public Employee Retirement System regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant , its employees or subconsultants, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws. D. Consultant shall, at Consultant’s sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to a City of Diamond Bar business license. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City a ny reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Consultant’s failure to comply with this Section. 9. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 10. Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Workers’ Compensation Act and other employee benefit acts with respect to Consultant’s employees or Consultant’s contractor’s employees arising out of Consultant’s work under this Agreement; and (2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Consultant’s legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment Page 66 of 655 4 rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third-party indemnification rights of any kind. (3) The Consultant's obligations to indemnify, defend and hold harmless the City shall survive termination of this Agreement. 11. Insurance. A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $2,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) automotive liability insurance written on an occurrence basis covering all owned, non-owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; and (3) Worker’s Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) days prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A -, VII. E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy Page 67 of 655 5 endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self -insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the e ffectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s due to such failure in order to secure defense an d indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Consultant fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant. I. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 12. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specif ically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 13. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. Page 68 of 655 6 14. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from the City, and copies thereof shall be furnished if requested. 15. Conflict of Interest. A. Consultant shall comply with all applicable federal, state, and local conflict of interest laws and regulations, including but not limited to 24 CFR §570.611 and 2 CFR §200.318(c). B. Consultant represents and warrants that it presently has no interest, and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of services under this Agreement. Consultant further covenants that, in the performance of this Agreement, no person having such an interest shall be employed by it. Consultant shall avoid both actual conflicts of interest and the appearance of conflicts of interest. C. Consultant shall disclose in writing to the City any actual or potential conflict of interest prior to execution of this Agreement and promptly upon becoming aware of any such conflict during the term of this Agreement, including any other employment, contractual relationship, or financial interest that may create a conflict with the interests of the City, the Los Angeles County Development Authority (LACDA), or the CDBG program. D. No person who exercises or has exercised any functions or responsibilities with respect to CDBG activities, or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contract, subcontract, or agreement with respect to a CDBG -assisted activity, either for themselves or for those with whom they have business or immediate family ties, during their tenure or for one (1) year thereafter. E. Consultant covenants that it shall not give or receive any compensation, monetary or otherwise, from any vendor, contractor, or subcontractor in connection with the performance of this Agreement, where such compensation could reasonably be expected to influence the performance of Consultant’s duties. F. Consultant shall incorporate the substance of this section into all subcontracts funded in whole or in part with CDBG funds. Page 69 of 655 7 16. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following mailing of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving writte n notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. The City may also terminate this Agreement immediately if required by HUD, LACDA, or the California Department of Housing and Community Development (HCD) due to Consultant’s noncompliance with applicable program requirements. 17. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Except as otherwise authorized by the City's Project Manager, Vivian Moss shall be the person who primarily performs the work provided under this Agreement. Except as provided in this Agreement, Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right in its sole discretion to require Consultant to exclude any employee from performing services on City's premises. 18. Non-Discrimination and Equal Employment Opportunity. A. General Non-Discrimination. Consultant shall not discriminate in the performance of this Agreement on the basis of race, color, creed, religion, sex, gender identity, sexual orientation, marital status, national origin, ancestry, age, physical or mental disability, medical condition, or any other characteristic protected by applicable law. Such nondiscrimination shall include, but not be limited to, employment, upgrading, demotion, transfer, recruitment, recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. B. Compliance with Federal Requirements. Consultant shall comply with all applicable federal nondiscrimination laws and regulations, including but not limited to: • Title VI of the Civil Rights Act of 1964; • Section 109 of the Housing and Community Development Act of 1974; • The Age Discrimination Act of 1975; • Section 504 of the Rehabilitation Act of 1973; • The Americans with Disabilities Act; and • Executive Order 11246 and its implementing regulations. Page 70 of 655 8 Consultant shall take affirmative action as required to ensure nondiscrimination in employment and program delivery and shall comply with all applicable implementing regulations. C. Limited English Proficiency (LEP). Consultant shall comply with Executive Order 13166 and applicable HUD guidance to ensure meaningful access to programs and activities by persons with limited English proficiency. D. Section 3 Requirements. To the greatest extent feasible, Consultant shall provide opportunities for training and employment to low- and moderate-income residents and shall award contracts for work in connection with this Agreement to business concerns that provide economic opportunities to such persons, consistent with Section 3 of the Housing and Urban Development Act of 1968. E. Subcontracts. Consultant shall include the substance of this Section in all subcontracts and shall ensure compliance by all subcontractors. 19. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 20. Reserved. 21. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Consultant’s control. If Consultant believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Consultant be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 22. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 23. Compliance with Laws. Consultant shall comply with all applicable federal, state, and local laws, including CDBG and PLHA program requirements, and all provisions of Exhibit B. Page 71 of 655 9 24. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. 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. 25. PLHA Requirements. This Agreement is funded in part by the State Permanent Local Housing Allocation (PLHA) Program. Consultant shall comply with all applicable PLHA requirements and guidelines issued by the California Department of Housing and Community Development (HCD). 26. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service which be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 27. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 28. Loan Program Administration Responsibility. Consultant shall be responsible for the preparation and administration of all HIP loan documents, including promissory notes, deeds of trust, disclosures, and related instruments. Consultant shall ensure compliance with all applicable program requirements and shall be responsible for errors or omissions resulting from its negligence or willful misconduct. 29. Construction Oversight Responsibilities. Consultant shall perform inspections, bid review, and payment authorization services. Consultant shall not be responsible for contractor means or methods but shall ensure compliance with contract specifications and program requirements. 30. Subcontractors. Consultant shall ensure that all subcontracts include applicable provisions of this Agreement, including Exhibit B, and shall be responsible for subcontractor compliance. Page 72 of 655 10 “CONSULTANT” “CITY” FRJ & Associates City of Diamond Bar 14110 Moonridge Drive 21810 Copley Drive Riverside, CA 92503 Diamond Bar, CA 91765-4178 Attn: Vivian Moss Attn: Greg Gubman Phone: (951) 288-3805 Phone: (909) 839-7030 Email: vmossconsultant@yahoo.com E-mail: GGubman@DiamondBarCa.gov 28. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. The venue for any action brought under this Agreement shall be in Los Angeles County. 29. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 30. County Lobbying Certification. The Consultant certifies that: A. It is understood that each person/entity/firm who applies for a Los Angeles County Development Authority (“LACDA”) contract, as part of that process, shall certify that they are familiar with the requirements of the Los Angeles County Code Chapter 2.160, (Los Angeles County Ordinance 9.-0031) and; B. That all persons/entities/firms that seek a contract with LACDA shall be disqualified therefrom and denied that contract and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the above-named firm fails to comply with the provisions of the County Code. 31. Consultant’s Warranty of Compliance with County’s Defaulted Property Tax Reduction Program: A. The Consultant acknowledges that the County has established a goal of ensuring that all individuals and businesses that benefit financially from the County through contract are current in paying their personal and real property tax obligations (secured and unsecured roll) in order to mitigate the economic burden otherwise imposed upon the County and its taxpayers. Unless the Consultant qualifies for an exemption or exclusion, the Consultant warrants and certifies that to the best of its knowledge it is n ow in compliance, and during the term of this Agreement will maintain compliance, with the County's Defaulted Tax Program, found at Los Angeles County Ordinance No. 2009-0026 and codified at Los Angeles County Code, Chapter 2.206. B. Failure of the Consultant to maintain compliance with the requirements set forth in the “County’s Defaulted Property Tax Reduction Program " shall constitute default under this Agreement. Without limiting the rights and remedies available to the City un der any other provision of this Agreement, failure of the Consultant to cure such default within 10 days of notice shall be grounds upon which the City may suspend or terminate this Page 73 of 655 11 Agreement pursuant to the County's Defaulted Property Tax Reduction Program found at Los Angeles County Ordinance No. 2009-0026 and codified at Los Angeles County Code, Chapter 2.206. 32. Lobbying Certification. The Consultant certifies that: A. No Federal 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 agency, a Member of Congress, and officer or employee of Congress, or an employee of any Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. B. 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 in connection with this Federal contract, grant, loan, or cooperative agreement, the Consultant shall complete and submit Standard Form -LLL, “Disclosures Form to Report Lobbying”, in accordance with its instructions. C. The Consultant shall require that the language of this certification be included in all subcontracts and that all subcontracts shall certify and disclose accordingly. 33. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. Page 74 of 655 12 IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Consultant" "City" FRJ & ASSOCIATES CITY OF DIAMOND BAR By: By: _________________________ Dan Fox, City Manager Printed Name: Title: ATTEST: ____________________________ Kristina Santana, City Clerk Approved as to form: By: ___________________________ Omar Sandoval, City Attorney *NOTE: If Consultant is a corporation, the City requires the following signature(s): o the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR o The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. Page 75 of 655 Exhibit “A” Scope of Work Page 76 of 655 Page 77 of 655 Page 78 of 655 1 EXHIBIT “B” Federal/County Requirements (CDBG) 1. Conflict of Interest Consultant shall comply with: • 24 CFR §570.611 • 2 CFR §200.318 No covered person may obtain a financial interest in a CDBG-assisted activity during tenure or for one year thereafter. 2. Uniform Administrative Requirements Consultant shall comply with: • 2 CFR Part 200, as implemented by HUD at 2 CFR Part 2400 • Applicable provisions of 24 CFR Part 570 3. Records and Access Consultant shall: • Maintain records for five (5) years • Provide access to the City, LACDA, HUD, and the Comptroller General • Comply with 2 CFR §§200.334–200.338 4. Debarment and Suspension Consultant certifies that it is not debarred or suspended and is not listed on SAM.gov, pursuant to 2 CFR Part 200. 5. Lobbying Restrictions Consultant shall comply with 31 U.S.C. §1352 and shall not use federal funds for lobbying activities. If non-federal funds are used, Consultant shall submit Standard Form LLL. 6. Civil Rights and Non-Discrimination Consultant shall comply with: • Title VI of the Civil Rights Act • Section 109 of the Housing and Community Development Act • Age Discrimination Act Page 79 of 655 2 • Section 504 of the Rehabilitation Act • Americans with Disabilities Act 7. Limited English Proficiency (LEP) Consultant shall take reasonable steps to ensure meaningful access to programs and services by persons with limited English proficiency, consistent with Executive Order 13166. 8. Section 3 (Economic Opportunity) To the greatest extent feasible, Consultant shall comply with Section 3 requirements. • Applies primarily to subcontracting and hiring, if applicable • Consultant shall document good faith efforts • Applies only to the extent activities trigger Section 3 obligations 9. Environmental Compliance Consultant shall comply with applicable environmental requirements under: • National Environmental Policy Act (NEPA), if applicable • Clean Air Act • Clean Water Act 10. Energy Efficiency Consultant shall comply with applicable energy efficiency requirements under the Energy Policy and Conservation Act, to the extent applicable. 11. Patent Rights City retains a royalty-free license to use work products developed under this Agreement for governmental purposes. 12. County Requirements Consultant shall comply with: • County Lobbying Ordinance (Chapter 2.160) • Child Support Compliance Program (Chapter 2.200) • Defaulted Property Tax Reduction Program (Chapter 2.206) 13. General Compliance Consultant shall comply with all applicable federal, state, and local laws governing CDBG-funded activities. Page 80 of 655 Agenda Item #: 6.6 Meeting Date: June 16, 2026 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager SUBJECT: Fourth Amendment to the Consultant Services Agreement with Willdan Engineering to Provide Temporary Staffing for the Neighborhood Improvement and Building and Safety Divisions. STRATEGIC GOAL: Safe, Sustainable and Healthy Community RECOMMENDATION: Approve, and authorize the City Manager to sign, the Fourth Amendment to the Consultant Services Agreement with Willdan Engineering to provide continued temporary staffing through December 31, 2026. FINANCIAL IMPACT: The proposed amendment would increase the contract amount by $120,000, thereby increasing the not-to- exceed amount of the contract from $290,000 to $410,000. Sufficient funds are available in the Community Development Department’s FY 2025/26 contract services budget to cover the temporary staffing services in the Building and Safety Division. In addition, the cost is partially offset by salary savings due to an extended medical leave and temporary underfilling of a full-time position in the Building and Safety Division, as well as two temporary vacancies in the Neighborhood Improvement Division. BACKGROUND: The Building and Safety Division has two budgeted full-time Permit Technicians responsible for administering building permit services for property owners and contractors. In December 2024, the City entered into a Consultant Services Agreement with Willdan Engineering under the City Manager’s spending authority to provide temporary Permit Technician staffing at an hourly rate of $85 while one of the City’s Permit Technicians was on medical leave. Since that time, the City Council has approved three contract extensions, with the current term set to expire on June 30, 2026. Although the employee has since been medically cleared to return to work on a part-time basis, continued staff augmentation remains necessary to ensure the timely processing of permits and related customer services. Separately, from December 2025 through late May 2026, two of the City’s three budgeted Neighborhood Improvement Officer positions remained vacant following staff resignations. During this period, Willdan assigned one temporary Neighborhood Improvement Officer to support Neighborhood Improvement operations using a portion of the funds authorized under the most recent contract amendment. Although this temporary assignment is no longer needed, the use of existing contract funds for Neighborhood Improvement support reduced the remaining authorization available for continued Permit Technician staff augmentation. Page 81 of 655 Agenda Item #: 6.6 Meeting Date: June 16, 2026 ANALYSIS: Given the continued need for temporary staffing to support permit services, it is recommended that the City Council approve an extension of the Consultant Services Agreement with Willdan Engineering. The proposed budget would cover the anticipated ongoing Permit Technician staffing need, while also replenishing funds previously utilized to provide temporary Neighborhood Improvement Officer staffing during a period of prolonged vacancies. LEGAL REVIEW: The City Attorney has reviewed and approved the Fourth Amendment as to form. PREPARED BY: Greg Gubman, Director, Community Development ATTACHMENTS: 1. Willdan - Permit Technician Fourth Amendment Page 82 of 655 Page 83 of 655 Page 84 of 655 Page 85 of 655 Page 86 of 655 Page 87 of 655 Agenda Item #: 6.7 Meeting Date: June 16, 2026 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager SUBJECT: Cancellation of July 7, 2026 City Council Meeting. STRATEGIC GOAL: Open, Engaged and Responsive Government RECOMMENDATION: Adjourn the June 16, 2026 City Council meeting to July 21, 2026. . . . FINANCIAL IMPACT: None. BACKGROUND: It has been suggested that the Council consider the cancellation of the City Council Meeting scheduled for July 7, 2026. There will be no pressing matters or public hearings scheduled and therefore, adjourning the meeting will not cause the City any hardship. ANALYSIS: Should the City Council concur, it is recommended that the Mayor, at the end of the June 16, 2026 City Council meeting, adjourn said Council meeting to July 21, 2026. PREPARED BY: Kristina Santana, City Clerk, City Clerk's Office ATTACHMENTS: None Page 88 of 655 Agenda Item #: 6.7 Meeting Date: June 16, 2026 Page 89 of 655 Agenda Item #: 6.8 Meeting Date: June 16, 2026 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager SUBJECT: Calling and Giving Notice of General Municipal Election, Consolidating the General Municipal Election with the Statewide General Election on November 3, 2026, and Adopting Regulations Related to Candidate Statements. STRATEGIC GOAL: Open, Engaged and Responsive Government RECOMMENDATION: A. Adopt Resolution No. 2026-19 calling the General Municipal Election to be held on Tuesday, November 3, 2026 for the election of three (3) Members of the City Council; B. Adopt Resolution No. 2026-20 requesting approval from the Board of Supervisors of the County of Los Angeles to Consolidate the General Municipal Election with the Statewide General Election; and C. Adopt Resolution No. 2026-21 adopting Regulations for Candidates for Elective Office related to Candidate Statements. FINANCIAL IMPACT: The cost to consolidate the general municipal election for Districts 1, 3 and 4 is estimated at approximately $84,000 and is included in the adopted Fiscal Year 2026-27 Budget. The actual cost will be invoiced to the City after the election concludes and expenditures are divided amongst the cities consolidating their elections with the Statewide General Election and requesting services from the Los Angeles County Registrar-Recorder. BACKGROUND: The General Municipal Election is scheduled for November 3, 2026. At this time, the City must call an election for the selection of three (3) City Council seats to full four (4) year terms for Districts 1, 3, and 4, with one (1) member elected from and by voters of each district respectively. ANALYSIS: Pursuant to Sections 10400 - 10418 of the Elections Code, the City is required to formally call and give notice of and request consolidation for General Municipal Elections. The attached Resolutions adhere to the requirements set forth in the Elections Code and are summarized below: Calling and Giving Notice of the November 3, 2026 General Municipal Election Page 90 of 655 Agenda Item #: 6.8 Meeting Date: June 16, 2026 This Resolution (Attachment 1) calls for the holding of the November 3, 2026 General Municipal Election. The offices to be filled for this election are for three (3) Members of the City Council for full four (4) year terms for Districts 1, 3 and 4. The filing period for nomination papers and candidate statements is July 13 to August 7, 2026. Requesting Consolidation with the Statewide General Election This Resolution (Attachment 2) requests that the Los Angeles County Board of Supervisors consolidate the General Municipal Election with the Statewide General Election on November 3, 2026. The local election will be held in conjunction with the county and statewide ballot and is overseen and managed by the County of Los Angeles Office of the Registrar/Recorder (County). The resolution also authorizes the County’s Election Department to canvass the returns of the election. The City has historically consolidated General Municipal Elections with the County since incorporation. Regulations Regarding Candidate Statements This Resolution (Attachment 3) adopts regulations governing candidate statements. Consistent with past practice during previous City of Diamond Bar elections, the resolution establishes that candidate statements may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The Resolution also sets standards for foreign language translation. The candidate will be responsible for the costs of printing the candidate statement in the voter information guide. LEGAL REVIEW: The City Attorney has reviewed and approved the Resolutions as to form. PREPARED BY: Kristina Santana, City Clerk, City Clerk's Office ATTACHMENTS: 1. Resolution No. 2026-19 - Calling Election 2. Resolution No. 2026-20 - Requesting Consolidation 3. Resolution No. 2026-21 - Candidate Statement Regulations Page 91 of 655 RESOLUTION NO. 2026-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2026, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 3, 2026, for the election of three members of the City Council for full terms of four years. One member shall be elected from and by the voters of District 1; one member shall be elected from and by the voters of District 3; and, one member shall be elected from and by the voters of District 4. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Diamond Bar, California, on Tuesday, November 3, 2026, a General Municipal Election for the purpose of electing three (3) Members of the City Council for the full term of four years. One member shall be elected from and by the voters of District 1; one member shall be elected from and by the voters of District 3; and, one member shall be elected from and by the voters of District 4. Section 2. That the ballots to be used at the election shall be in form and content as required by law. Section 3. That the City Clerk is authorized, instructed and directed to coordinate with the County of Los Angeles Registrar-Recorder/County Clerk to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. Section 4. That the vote center locations and hours of operations, ballot drop box locations and hours of operations, vote-by-mail procedures and timing, the election officers, and all other persons and procedures for the General Municipal Election shall be the same as those utilized by the County of Los Angeles and in compliance with the Elections Code of the State of California. In addition, the polls/vote centers for the election shall be open at seven o’clock a.m. of the day of the election and shall remain open continuously from that time until eight o’clock p.m. of the same day when the polls shall be closed, pursuant to Election Code § 10242, except as provided in § 14401 of the Elections Code of the State of California. Page 92 of 655 Resolution No. 2026-19 2 Section 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. Section 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. Section 7. That in the event of a tie vote as certified by the County of Los Angeles Registrar-Recorder/County Clerk, the City Council, in accordance with Diamond Bar Municipal Code Section 2.04.040 and Elections Code § 15651(b), shall conduct a special runoff election to resolve the tie vote and such special runoff election is to be held on a Tuesday not less than 40 days nor more than 125 days after the administrative or judicial certification of the election which resulted in a tie vote. Section 8. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. Section 9. That this Resolution shall take effect immediately upon its adoption. Section 10. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED this 16th day of June, 2026. CITY OF DIAMOND BAR __________________________ Steve Tye, Mayor ATTEST: I, Kristina Santana, City Clerk for the City of Diamond Bar, hereby certify that the foregoing resolution, was duly passed, approved and adopted by the City Council of the City of Diamond Bar at a regular meeting held on the 16th day of June, 2026, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: __________________________ Kristina Santana, City Clerk Page 93 of 655 RESOLUTION NO. 2026-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE THE CITY’S GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2026 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE CALIFORNIA ELECTIONS CODE; AND RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026. WHEREAS, the City Council of the City of Diamond Bar called a General Municipal Election to be held on November 3, 2026 for the purpose of the election of three Members of the City Council, for full terms of four years. One member shall be elected from and by the voters of District 1; one member shall be elected from and by the voters of District 3; and one member shall be elected from and by the voters of District 4; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City, the precincts, vote centers and election officers of the two elections be the same, and that the county election department of the County of Los Angeles canvass the returns of the General Municipal Election with said Statewide General Election and that the election be held in all respects as if there were only one election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to the requirements of Section 10403 of the Elections Code of the State of California, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General election on Tuesday, November 3, 2026, for the purpose of the election of one Member of the City Council for District 1, one Member of the City Council for District 3, and one Member of the City Council for District 4, for full terms of four years. Section 2. That the county election department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the Statewide Election. Section 3. That the Board of Supervisors is requested to issue instructions to the County Election Department to take any and all steps necessary for the holding of the consolidated election. Page 94 of 655 Resolution No. 2026-20 2 Section 4. That the City of Diamond Bar recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. Section 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County Election Department of the County of Los Angeles. Section 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. Section 7. The City Clerk is hereby directed to deliver a certified copy of this Resolution to both the County of Los Angeles Board of Supervisors and to the County of Los Angeles Registrar-Recorder/County Clerk. PASSED, APPROVED AND ADOPTED this 16th day of June, 2026. CITY OF DIAMOND BAR __________________________ Steve Tye, Mayor ATTEST: I, Kristina Santana, City Clerk for the City of Diamond Bar, hereby certify that the foregoing Resolution, was duly passed, approved and adopted by the City Council of the City of Diamond Bar at a regular meeting held on the 16th day of June, 2026, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: __________________________ Kristina Santana, City Clerk Page 95 of 655 RESOLUTION NO. 2026-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES’ STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026. WHEREAS, §13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates’ statement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. GENERAL PROVISIONS. That pursuant to §13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Diamond Bar on November 3, 2026 may prepare a candidate’s statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. Section 2. FOREIGN LANGUAGE POLICY. A. Pursuant to the Federal Voting Rights Act, candidates’ statements will be translated into all languages required by the County of Los Angeles. B. The County will print and mail voter information guides and candidates’ statements to only those voters who are on the county voter file as having requested a voter information guide in a particular language. The County will make the voter information guides and candidates’ statements in the required languages available at all vote centers, on the County’s website, and in the Election Official’s office. Section 3. PAYMENT. A. Translations: Page 96 of 655 Resolution No. 2026-21 2 1. The candidate shall not be required to pay for the cost of translating the candidates’ statement into any required foreign language as specified in (A) and/or (B) of Section 2 above pursuant to Federal and\or State law. B. Printing: 1. The candidate shall be required to pay for the cost of printing the candidates’ statement in English in the main voter pamphlet. 2. The candidate shall be required to pay for the cost of printing the candidates’ statement in Spanish, in the main voter pamphlet. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidates’ statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter’s pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the City Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. Section 4. MISCELLANEOUS. A. All translations shall be provided by professionally-certified translators. B. The City Clerk shall allow bold type, underlining, capitalization, indentations, bullets and/or leading hyphens to the same extent and manner as allowed in previous City elections. C. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections. Section 5. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the voter information guide. Section 6. That the City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nominating petitions are issued. Page 97 of 655 Resolution No. 2026-21 3 Section 7. That all previous resolutions establishing council policy on payment for candidates’ statements are repealed. Section 8. That this resolution shall apply only to the election to be held on November 3, 2026 and shall then be repealed. Section 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED this 16th day of June, 2026. CITY OF DIAMOND BAR __________________________ Steve Tye, Mayor ATTEST: I, Kristina Santana, City Clerk for the City of Diamond Bar, hereby certify that the foregoing resolution, was duly passed, approved and adopted by the City Council of the City of Diamond Bar at a regular meeting held on the 16th day of June, 2026, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: __________________________ Kristina Santana, City Clerk Page 98 of 655 Agenda Item #: 6.9 Meeting Date: June 16, 2026 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager SUBJECT: Master Equity Lease Agreement with Enterprise FM Trust. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Adopt Resolution No. 2026-22 approving, and authorizing the City Manager to execute the Master Equity Lease Agreement with Enterprise FM Trust, and approving procurement of vehicles and services from Enterprise Fleet Management through a cooperative Purchasing Agreement with Sourcewell. FINANCIAL IMPACT: The adopted FY 2026-2027 budget includes a $35,000 allocation to lease four zero-emission vehicles (“ZEVs”) from the AB 2766 Air Quality Management District Fund (251). The City will commit to lease payments for 60 months, with lease payment expenditures to be requested through the annual budget process for subsequent fiscal years, using the same funding source for the entire lease term. While leasing ZEVs will not require General Fund expenditures, it will result in approximately $10,000 in General Fund savings for FY 2026-2027. Further General Fund savings can be achieved by transitioning the balance of the fleet to the Enterprise Fleet Management Program. BACKGROUND: The City owns and maintains multiple vehicles to provide services to the community, such as maintenance, neighborhood improvement, and recreational programming. The City’s vehicle fleet consists of 24 light- and medium-duty vehicles, ranging in age from 2 to 20 years, with an average age of 9.8 years. The City does not have a designated in-house fleet management division. Instead, the fleet is managed by the Public Works Maintenance Division. Historically, whenever the City adds or replaces a fleet vehicle, the vehicle is purchased in full, requiring that 100% of the purchase price be included in the budget cycle in which the vehicle is purchased. The need for a large capital investment in the first year has required the City to retain vehicles beyond their useful lives, resulting in fleet management challenges, including an aging fleet, higher maintenance costs, more unscheduled repairs, reduced service levels, and more staff time spent maintaining older vehicles. In 2023, the California Air Resources Board adopted the Advanced Clean Fleets (“ACF”) regulation to improve air quality and reduce greenhouse gas emissions by transitioning public and private fleets towards ZEVs over Page 99 of 655 Agenda Item #: 6.9 Meeting Date: June 16, 2026 time. For the City, the regulation generally applies to medium- and heavy-duty fleet vehicles and requires compliance through vehicle replacement cycles rather than immediate fleetwide replacement. As the ACF regulation states today, beginning January 1, 2027, 50% of vehicle purchases must be ZEVs, and beginning January 1, 2030, 100% must be ZEVs. The ACF regulation shifts the City's historical practice by making coordinated fleet planning, budgeting, and infrastructure preparation increasingly important while also addressing ongoing fleet management challenges. On April 14, 2026, during Community Budget Workshop #2, City staff presented a Vehicle Lease Program to the City Council as a strategic approach to modernizing the City’s fleet operations. Staff presented the program structure, cost considerations, and an implementation option to the City Council for feedback and direction. The attached Resolution (Attachment 1) would approve a Master Equity Lease Agreement with Enterprise Fleet Management to transition fleet management services to Enterprise, including using the cooperative purchasing agreement of Enterprise through Sourcewell. ANALYSIS: Over the past two years, City staff explored options to address fleet management challenges while transitioning toward compliance with the ACF regulation. Given the City’s projected structural deficit in the coming years, it became increasingly important that any changes to the City’s fleet management program improve operational efficiency and reduce overall costs. Viable Option City staff explored the Enterprise Fleet Management (“EFM”) program and determined that it is a viable option for fleet management services. This will establish a partnership between the City and Enterprise and shift fleet management responsibilities to Enterprise. Under the EFM program, the City would enter into Open-End Leases, allowing the City to acquire additional vehicles while avoiding large upfront capital expenditures. An Open- End Lease means there are no early termination, mileage, or abnormal wear and tear penalties. Leases are written to a residual balance to preserve cash flow, with the City retaining ownership flexibility, including net equity from the sale at the time of disposal and the ability to equip them as needed to align with business needs. The EFM program leverages Enterprise’s established relationships with vehicle manufacturers to source vehicles that meet the City’s needs and lease them on a defined schedule (i.e., 36, 48, or 60 months), spreading costs over multiple years of lease payments as an alternative to purchasing the vehicles outright. This approach provides the flexibility to quickly scale fleet resources in response to changing business needs, ensuring the City can maintain optimal service levels while effectively managing costs. The City will pay the value of the leased vehicle while retaining the ability to sell it before the end of its useful life to maximize resale value. The EFM program will also leverage Enterprise’s ability to sell vehicles at an average of 110.5% above the industry average. Unlike the City’s current practice of sending retired vehicles to auction, where the City receives modest proceeds after auction fees, the sale of the leased vehicle will be shifted and handled by Enterprise at a flat cost of $400/vehicle sold. Proceeds from resale equity are returned to the City either as a payment or applied toward a new lease. Fleet Lifecycle Management Under the partnership, the City will be assigned a designated Client Strategy Manager and Account Fleet Coordinator. The Client Strategy Manager will meet with City staff quarterly to analyze fleet efficiency, identify cost-saving opportunities, and recommend vehicle replacements for the City’s fleet. The Account Fleet Coordinator will serve as the City’s day-to-day contact and will assist with vehicle ordering, aftermarket equipment, maintenance, licensing, and billing questions. The EFM program provides fleet data tracking, including vehicle usage, costs, fuel consumption, and replacement schedules. Using this data, the Client Strategy Manager and Account Fleet Coordinator jointly make informed replacement recommendations Page 100 of 655 Agenda Item #: 6.9 Meeting Date: June 16, 2026 based on vehicle type, mileage, condition, and market conditions. This allows the City to take a proactive, informed approach to vehicle replacement rather than a reactive approach that defers replacement beyond a vehicle’s useful life. Maintenance Costs The leased vehicles can be enrolled in Enterprise’s maintenance program for an approximate monthly cost of $45 per vehicle. Covered services under the maintenance program include the following: • Roadside assistance for mechanical failure • Scheduled preventive maintenance • Major and minor repairs (e.g., engines, transmission, radiators, etc.) • Factory-installed steering/suspension, powertrain, electrical, and AC/Heat components Tires and brakes are not included under the maintenance program. However, the EFM program leverages Enterprise’s nationwide network of maintenance providers, where competitively negotiated service rates are extended to the City. Additionally, while leased vehicles are newer, resulting in lower maintenance costs, they are also covered by the manufacturer’s warranty for most of the lease term. Replacing older vehicles that require significant maintenance with new vehicles under warranty would result in savings in the General Fund fleet management budget. It should be noted that warranty coverage varies by manufacturer and model. Administrative Efficiency Under the EFM program, the City will benefit from consolidated monthly billing, fleet reporting tools, and logistics assistance. Additionally, fleet management tasks, including vehicle procurement, maintenance scheduling, repair tracking, license and registration management, resale, and reporting, will be handled by Enterprise. These services reduce the amount of staff time dedicated to fleet management, allowing the Public Works Maintenance Division to focus on core service delivery. FY 2026-2027 Plan City staff recommends establishing a partnership with Enterprise under the EFM program to enable more consistent budgeting, a newer, more reliable fleet, and improved efficiency by reducing fleet management costs and staff resources dedicated to fleet management. While this modifies the City’s approach to fleet management, it fosters fiscal health through disciplined, long-term planning by leveraging industry experts to maximize value and performance in managing the City’s fleet. To initiate the partnership, City staff recommends a phased approach by replacing only four of the six designated pool vehicles. The following four vehicles will be replaced with the 2027 Chevy Bolt LT – an all- electric small SUV: • 2 - 2010 Ford Escape • 1 - 2010 Ford Fusion • 1 - 2016 Jeep Cherokee The four vehicles replaced are owned by the City and will be sold by Enterprise once the new vehicles are delivered, with the City retaining the proceeds of the sale. It should be noted that while staff proposes proceeding with the 2027 Chevy Bolt LT, the City retains the flexibility to select the ZEV option that best aligns with operational needs, pricing, availability, overall value, and maximizes cash flow at the time of lease execution. Should the 2027 Chevy Bolt remain the most advantageous to the City at the time of lease execution, it will cost $644.37/month for a 60-month term. While this reflects the current cost, it should be noted that interest rates are locked in at the time of vehicle delivery, and should interest rates increase, the monthly lease cost will Page 101 of 655 Agenda Item #: 6.9 Meeting Date: June 16, 2026 increase. City staff consulted with Enterprise and confirmed that the $35,000 allocation is sufficient to cover any increases and still lease four ZEVs. At the conclusion of the lease term, the City will have the option to sell the vehicle and retain the proceeds or keep the vehicle. The City will also have the option to sell the vehicle at any time during the lease term or terminate the lease without penalty. Of the 24 existing fleet vehicles, a quarter are designated as pool vehicles, and staff proposes replacing 66% of them. In the inaugural year of the partnership, approximately 17% of the City’s fleet will be replaced, reducing the fleet’s average age to 7.4 years. The leased vehicles will also be enrolled in Enterprise’s maintenance program, and the remaining balance of the fleet will continue to be managed by the City’s Public Works Maintenance Division. However, in subsequent fiscal years, the remaining balance of the fleet will be replaced and phased into the EFM program contingent on the vehicle’s useful life, the City’s business needs, and funding availability. The strategic approach to modernizing the City’s fleet operations will result in an estimated $10,000 in General Fund savings in FY 2026-2027 and approximately a 5% savings in fixed fleet management costs (i.e., procurement, maintenance, and fuel) over the next 10 fiscal years. These estimates exclude savings from reduced staff time spent managing the fleet and proceeds from the resale of vehicles, both of which will yield greater General Fund savings. In addition, the proposed strategy maximizes the use of a non-General Fund funding source and supports compliance with the ACF regulation. Sourcewell Agreement Per the Diamond Bar City Code Section 3.24.090 (f) – Exceptions to bidding, an exception to the bidding process may be authorized by resolution of the City Council if it is determined that supplies, personal property, services, or equipment can be more efficiently or more cost-efficiently obtained through a cooperative purchasing program with a federal, state, county, local or other government purchasing program. City staff has determined that vehicles that meet the City’s needs and requirements are available from Enterprise under a competitively solicited cooperative agreement for fleet management services, awarded by Sourcewell (RFP #030122). Resolution No. 2026-22 authorizes the City's participation in Sourcewell for fleet management services through Enterprise. The resolution also authorizes the City to enter into a Master Equity Lease Agreement and related agreements and documents with Enterprise FM Trust for participation in the EFM program. In addition, the resolution authorizes the City Manager to execute lease documents for City vehicles under the EFM program without returning to the City Council for individual approval, provided lease costs remain within funding levels approved through the annual budget process. LEGAL REVIEW: The City Attorney has reviewed and approved the Resolution and Agreements as to form. PREPARED BY: Alex Batres, Management Analyst, City Manager's Office ATTACHMENTS: 1. Resolution No. 2026-22 Page 102 of 655 RESOLUTION NO. 2026-22 A RESOLUTION OF THE CITY OF DIAMOND BAR CITY COUNCIL, APPROVING A MASTER EQUITY LEASE AGREEMENT AND RELATED AGREEMENTS AND DOCUMENTS WITH ENTERPRISE FLEET MANAGEMENT, INC., REGARDING A FLEET MANAGEMENT PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE LEASE SCHEDULES FOR VEHICLES UP TO SPECIFIED PARAMETERS. WHEREAS, the City of Diamond Bar (“City”) owns and maintains a fleet of 24 light- and medium-duty vehicles used to provide public services, including but not limited to maintenance, neighborhood improvement, and recreation programming; and WHEREAS, fleet management is an administrative approach that allows entities to organize and coordinate vehicles with the goal of improving efficiency, reducing costs, and being in compliance with government regulations; WHEREAS, the City’s fleet is currently managed by the Public Works Maintenance Division; and WHEREAS, the City has historically purchased fleet vehicles outright, requiring significant upfront capital expenditures that have contributed to the retention of vehicles beyond their optimal service life, resulting in reduced overall fleet efficiency; and WHEREAS, the City has identified that continued reliance on the current fleet management model has resulted in increased maintenance costs, reduced service levels, and inefficient allocation of staff resources; and WHEREAS, the California Air Resources Board has adopted the Advanced Clean Fleets Regulation, requiring public agency fleets to transition toward zero- emission vehicles beginning in 2027, thereby necessitating coordinated fleet planning, replacement scheduling, and infrastructure readiness; and WHEREAS, Chapter 3.24 of Title 3 of the Diamond Bar City Code contains the City’s Purchasing Policy (“Purchasing Policy”); and WHEREAS, according to the Purchasing Policy, the basic standard that should always prevail is a transparent, controlled, and equitable procurement process in the use and stewardship of public funds; and WHEREAS, the City Manager, acting in the role of Purchasing Manager, directs and supervises the acquisition of all goods and services under the authority of Diamond Bar City Code Section 3.24.040 (a); and Page 103 of 655 Resolution No. 2026-22 2 WHEREAS, Diamond Bar City Code Section 3.24.090 (f) authorizes the Purchasing Manager to dispense with formal bidding, when, in the opinion of the Purchasing Manager, supplies, personal property, services or equipment can be more efficiently or more cost efficient obtained if acquired on behalf of the City by the state department of general services or other government purchasing program, and the City Council authorizes “piggyback” procurement by resolution; and WHEREAS, the Purchasing Manager has determined that certain supplies, materials, personal property, and equipment can be more efficiently and more inexpensively obtained if acquired on behalf of the City as a participant of Sourcewell (formerly NJPA), an intergovernmental cooperative purchasing alliance that procures contracted goods and services through a competitive request for proposal solicitation process conducted by a public agency/governmental entity; and WHEREAS, acquisition of any such supplies, materials, personal property or equipment as a participant of a government purchasing program must be authorized by resolution of the City Council; and WHEREAS, City staff has determined that vehicles meeting the City’s needs and requirements are available from Enterprise Fleet Management, Inc. (“Enterprise”) through a competitively-solicited cooperative agreement for fleet management services awarded through Sourcewell, a State of Minnesota local government unit and service cooperative, through its Solicitation Number: RFP #030122, whereby Enterprise was selected with an effective date of May 4, 2022, to continue in force and effect until April 18, 2026, which is attached hereto as Exhibit A; and WHEREAS, the cooperative agreement for fleet management services awarded through Sourcewell was extended on January 21, 2026, with a new contract expiration date of April 18, 2027, which is attached hereto as Exhibit B; and WHEREAS, Enterprise’s fleet management program requires the City to enter into a Master Equity Lease Agreement (“Agreement”) by and between the City and Enterprise FM Trust for the lease of vehicles, attached hereto as Exhibit C; and WHEREAS, City staff, with the assistance of the City Attorney, has negotiated the terms of an Addendum to the Agreement (“Addendum”) whereby Enterprise has made concessions to the City not otherwise contained in its form Master Equity Lease Agreement and which is also attached hereto as Exhibit C; and WHEREAS, pursuant to the terms of the Agreement, as supplemented by the Addendum, the City, as lessee, may lease vehicles from Enterprise FM Trust, as lessor, by means of Lease Schedules for each Vehicle (“Lease Schedules”); and WHEREAS, this City Council desires to delegate to the City Manager the authority to enter into Lease Schedules for vehicles consistent with the Agreement, Page 104 of 655 Resolution No. 2026-22 3 as supplemented by the Addendum, and further, consistent with the parameters detailed in this Resolution; and NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Diamond Bar, does hereby adopt Resolution No. 2026-XX as follows: 1. Authorizes participation of the City in Sourcewell. 2. Appoints the City Manager of the City to direct and supervise the acquisition of goods and services as a participant with Sourcewell. 3. Approves the Agreement, including the Addendum and all Supplemental Agreements and Documents attached as Exhibit C. 4. Authorizes the City Manager to execute and deliver the Agreement, as supplemented by the Addendum, and all the Supplemental Agreements, on behalf of the City. 5. Authorizes the City Manager to execute and deliver Lease Schedules and related documents for the lease of vehicles through the Enterprise Fleet Management program, not to exceed the dollar amounts approved for such leases and purchases in the annual budget as approved by the City Council in the budget process. 6. This Resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED this 16th day of June 2026. CITY OF DIAMOND BAR Steve Tye, Mayor Page 105 of 655 Resolution No. 2026-22 4 ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 16th day of June 2026, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Kristina Santana, City Clerk Attachments: Exhibit A - Sourcewell Contract with Enterprise Fleet Management, Inc. RFP#030122 Exhibit B - Sourcewell Contract Extension with Enterprise Fleet Management, Inc. RFP#030122 Exhibit C - Master Equity Lease Agreement and all Supplemental Agreements and Documents Page 106 of 655 Exhibit A Sourcewell Contract with Enterprise Fleet Management, Inc. RFP#030122 Exhibit A Page 107 of 655 030122-EFM Rev. 3/2021 1 Solicitation Number: RFP #030122 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Enterprise Fleet Management, Inc., 600 Corporate Park Drive, St. Louis, MO 63105 (Supplier). Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Fleet Management Services from which Supplier was awarded a contract. Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities). 1.TERM OF CONTRACT A.EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B.EXPIRATION DATE AND EXTENSION. This Contract expires April 18, 2026, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier. C.SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract. 2.EQUIPMENT, PRODUCTS, OR SERVICES A.EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.         Exhibit A Page 108 of 655 030122-EFM Rev. 3/2021 2 Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new and the current model. Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B.WARRANTY. Equipment, product, or service warranties will be provided by the manufacturer or service provider. Supplier will assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer or service provider. Any manufacturer’s or service provider’s warranty will be passed on to the Participating Entity. C.DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information. 3.PRICING All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A.SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable         Exhibit A Page 109 of 655 030122-EFM Rev. 3/2021 3 time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event that Equipment and Products arrive in a defective or inoperable condition, the Participating Entity must promptly bring any such condition to Supplier’s attention. Supplier will then provide commercially reasonable assistance to the Participating Entity in any communication or negotiation with the Equipment and Product’s manufacturer or dealer, as applicable, with respect to claims relating to such condition. B.SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C.HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4.PRODUCT AND PRICING CHANGE REQUESTS Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator. At a minimum, the request must: x Identify the applicable Sourcewell contract number; x Clearly specify the requested change; x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.         Exhibit A Page 110 of 655 030122-EFM Rev. 3/2021 4 A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference. 5.PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A.PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B.PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6.PARTICIPATING ENTITY USE AND PURCHASING A.ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.         Exhibit A Page 111 of 655 030122-EFM Rev. 3/2021 5 Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B.ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C.SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D.TERMINATION OF ORDERS. Participating Entities may terminate an order prior to the applicable Equipment and Product manufacturer or dealer deadline, in whole or in part, immediately upon notice to Supplier in the event of any of the following: 1.The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or 2.Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements. Any termination thereafter will be governed by the terms and conditions of Supplier’s affiliates’ Master Lease Agreement. E.GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase. 7.CUSTOMER SERVICE A.PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: x Maintenance and management of this Contract;         Exhibit A Page 112 of 655 030122-EFM Rev. 3/2021 6 x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable. B.BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information. 8.REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A.CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made). The Report must contain the following fields: x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address; x Participating Entity City; x Participating Entity State/Province; x Participating Entity Zip/Postal Code; x Participating Entity Contact Name; x Participating Entity Contact Email Address; x Participating Entity Contact Telephone Number; x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description; x Item Purchased Price; x Sourcewell Administrative Fee Applied; and x Date Purchase was invoiced/sale was recognized as revenue by Supplier. B.ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should         Exhibit A Page 113 of 655 030122-EFM Rev. 3/2021 7 note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9.AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing. 10.AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A.AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B.ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid. C.AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties. D.WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.         Exhibit A Page 114 of 655 030122-EFM Rev. 3/2021 8 E.CONTRACT COMPLETE. This Contract, with respect to the subject matter hereof, represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1- 22 will govern. F.RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent. 11.INDEMNITY AND HOLD HARMLESS Supplier must indemnify, defend, save, and hold Sourcewell, including their agents and employees, harmless from any third-party claims or causes of action, including attorneys’ fees incurred by Sourcewell, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law. Indemnity obligations between Supplier and any Participating Entity, if any, will be as set forth in the applicable Supplier’s affiliates’ Master Lease Agreement. 12.GOVERNMENT DATA PRACTICES Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract. 13.INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A.INTELLECTUAL PROPERTY 1.Grant of License. During the term of this Contract: a.Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier. b.Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell. 2.Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers,         Exhibit A Page 115 of 655 030122-EFM Rev. 3/2021 9 resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3.Use; Quality Control. a.Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos. b.Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws. 5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions. B.PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C.MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract. D.ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.         Exhibit A Page 116 of 655 030122-EFM Rev. 3/2021 10 14.GOVERNING LAW, JURISDICTION, AND VENUE The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota. 15.FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16.SEVERABILITY If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed. 17.PERFORMANCE, DEFAULT, AND REMEDIES A.PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1.Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2.Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue. 3.Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. B.DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1.Nonperformance of contractual requirements, or 2.A material breach of any term or condition of this Contract. The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated         Exhibit A Page 117 of 655 030122-EFM Rev. 3/2021 11 or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: x Exercise any remedy provided by law or equity, or x Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18.INSURANCE A.REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following: 1.Workers’ Compensation and Employer’s Liability. Workers’ Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2.Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products-Completed operations $2,000,000 general aggregate 3.Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.         Exhibit A Page 118 of 655 030122-EFM Rev. 3/2021 12 Minimum Limits: $1,000,000 each accident, combined single limit 4.Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5.Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract. C.ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.         Exhibit A Page 119 of 655 030122-EFM Rev. 3/2021 13 D.WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E.UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention. 19.COMPLIANCE A.LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B.LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities. 20.BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing. Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 21.PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the         Exhibit A Page 120 of 655 030122-EFM Rev. 3/2021 14 procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds. A.EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference. B.DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). Intentionally omitted. C.CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Intentionally omitted. D.RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. Intentionally omitted. E.CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Intentionally omitted. F.DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G.BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award         Exhibit A Page 121 of 655 030122-EFM Rev. 3/2021 15 covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H.RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I.ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. Intentionally omitted. J.BUY AMERICAN PROVISIONS COMPLIANCE. Intentionally omitted. K.ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents. L.PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). Intentionally omitted. M.FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval. N.NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user. O.PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity. P.FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.         Exhibit A Page 122 of 655 030122-EFM Rev. 3/2021 16 Q.CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested. R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism. S.PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. Intentionally omitted. T.DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322. 22.CANCELLATION Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell Enterprise Fleet Management, Inc. By: __________________________ By: __________________________ Jeremy Schwartz Dain Giesie Title: Chief Procurement Officer Title: Vice President Date: ________________________ Date: ________________________                Exhibit A Page 123 of 655 030122-EFM Rev. 3/2021 17 Approved: By: __________________________ Chad Coauette Title: Executive Director/CEO Date: ________________________            Exhibit A Page 124 of 655 5)3)OHHW0DQDJHPHQW6HUYLFHV  9HQGRU'HWDLOV &RPSDQ\1DPH(QWHUSULVH)OHHW0DQDJHPHQW,QF 'RHV\RXUFRPSDQ\FRQGXFW EXVLQHVVXQGHUDQ\RWKHUQDPH",I \HVSOHDVHVWDWH 02 $GGUHVV &RUSRUDWH3DUN'U 6W/RXLV02 &RQWDFW'DLQ*LHVLH (PDLO'DLQ(*LHVLH#HIOHHWVFRP 3KRQH )D[ +67 6XEPLVVLRQ'HWDLOV &UHDWHG2Q7XHVGD\)HEUXDU\ 6XEPLWWHG2Q7XHVGD\0DUFK 6XEPLWWHG%\'DLQ*LHVLH (PDLO'DLQ(*LHVLH#HIOHHWVFRP 7UDQVDFWLRQEIFDDGIIEIGI 6XEPLWWHU V,3$GGUHVV Bid Number: RFP 030122 Vendor Name: Enterprise Fleet Management, Inc.         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Exhibit A Page 146 of 655 Bid Number: RFP 030122 Vendor Name: Enterprise Fleet Management, Inc. Table 148: Depth and 8readth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary. ine Item Cate or or T pe Offered Comments 90 Services for the acquisition by Sourcewell participating entities, whether by lease or financing, of on-road vehicles of all types or classifications, all weight classes, and all engine types Yes No As the largest purchaser of vehicles in North America, Enterprise has the ability to acquire vehicles from nearly any manufacturer. This includes specialty vehicles and Emergency Response Vehicles. * 91 New vehicle service and preparation for the vehicles described in Line 90 above, such as, pre-delivery inspection, parts and accessories installation, and vehicle marking application or installation Yes No Through our Fleet Management programs we are able to offer all of these services.* 92 Preventative maintenance plans, vehicle maintenance and repair services, and related service level agreements for Sourcewell participating entity on-road vehicle fleets of all types Yes No Through our Fleet Management programs we are able to offer all of these services.* 93 In addition to the solutions described in Lines 90-92 above, proposers may include a complementary offering of the following ancillary services: i. Short-term rental programs; ii. Upfitting of after-market programs; iii. Fleet management information technologies, such as: telematics, fleet monitoring, fuel management, fuel tank management, and motor pool/fleet sharing software and systems; iv. Roadside assistance including towing, emergency towing,and repairs; v. Installation, operation, and maintenance of dedicated charging and fueling stations; and vi. Vehicle battery longevity monitoring and replacement plans. Yes No Through our Fleet Management programs we are able to offer all of these services. Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text. Documents Ensure our submission document(s) conforms to the following : 1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided. 2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell. 3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell. 4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." Pricing - Pricing-Final.xlsx - Tuesday March 01, 2022 14:16:51 Financial Strength and Stability - Enterprise Financial Stability.pdf - Tuesday March 01, 2022 14:16:39 Marketing Plan/Samples - Sample Marketing Plan.pdf - Tuesday March 01, 2022 14:19:21 WM8E/M8E/S8E or Related Certificates - Wade Ford 2022 GMSDC Certificate.pdf - Tuesday March 01, 2022 14:27:57 Warranty Information - Sample Warranty Information.pdf - Tuesday March 01, 2022 14:26:14 Standard Transaction Document Samples - Sample Quote 2427574.pdf - Tuesday March 01, 2022 15:27:53 Upload Additional Document - Sourcewell Submission.zip - Tuesday March 01, 2022 14:20:22         Exhibit A Page 147 of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¶VREMHFWLYLW\LQSHUIRUPLQJWKHFRQWUDFWLVRUPLJKWEHLPSDLUHG   7KHFRQWHQWVRIWKH3URSRVDOKDYHQRWEHHQFRPPXQLFDWHGE\WKH3URSRVHURULWVHPSOR\HHVRUDJHQWVWRDQ\SHUVRQQRWDQ HPSOR\HHRUOHJDOO\DXWKRUL]HGDJHQWRIWKH3URSRVHUDQGZLOOQRWEHFRPPXQLFDWHGWRDQ\VXFKSHUVRQVSULRUWR'XH'DWHRIWKLV VROLFLWDWLRQ   ,IDZDUGHGDFRQWUDFWWKH3URSRVHUZLOOSURYLGHWR6RXUFHZHOO3DUWLFLSDWLQJ(QWLWLHVWKHHTXLSPHQWSURGXFWVDQGVHUYLFHVLQ DFFRUGDQFHZLWKWKHWHUPVFRQGLWLRQVDQGVFRSHRIDUHVXOWLQJFRQWUDFW   7KH3URSRVHUSRVVHVVHVRUZLOOSRVVHVVEHIRUHGHOLYHULQJDQ\HTXLSPHQWSURGXFWVRUVHUYLFHVDOODSSOLFDEOHOLFHQVHVRU FHUWLILFDWLRQVQHFHVVDU\WRGHOLYHUVXFKHTXLSPHQWSURGXFWVRUVHUYLFHVXQGHUDQ\UHVXOWLQJFRQWUDFW   7KH3URSRVHUDJUHHVWRGHOLYHUHTXLSPHQWSURGXFWVDQGVHUYLFHVWKURXJKYDOLGFRQWUDFWVSXUFKDVHRUGHUVRUPHDQVWKDWDUH DFFHSWDEOHWR6RXUFHZHOO0HPEHUV8QOHVVRWKHUZLVHDJUHHGWRWKH3URSRVHUPXVWSURYLGHRQO\QHZDQGILUVWTXDOLW\SURGXFWVDQG UHODWHGVHUYLFHVWR6RXUFHZHOO0HPEHUVXQGHUDQDZDUGHG&RQWUDFW   7KH3URSRVHUZLOOFRPSO\ZLWKDOODSSOLFDEOHSURYLVLRQVRIIHGHUDOVWDWHDQGORFDOODZVUHJXODWLRQVUXOHVDQGRUGHUV   7KH3URSRVHUXQGHUVWDQGVWKDW6RXUFHZHOOZLOOUHMHFW5)3SURSRVDOVWKDWDUHPDUNHGFRQILGHQWLDO RUQRQSXEOLFHWF HLWKHU VXEVWDQWLDOO\RULQWKHLUHQWLUHW\8QGHU0LQQHVRWD6WDWXWHV6HFWLRQVXEGLYLVLRQDOOSURSRVDOVDUHFRQVLGHUHGQRQSXEOLF GDWDXQWLOWKHHYDOXDWLRQLVFRPSOHWHDQGD&RQWUDFWLVDZDUGHG$WWKDWSRLQWSURSRVDOVEHFRPHSXEOLFGDWD0LQQHVRWD6WDWXWHV 6HFWLRQSHUPLWVRQO\FHUWDLQQDUURZO\GHILQHGGDWDWREHFRQVLGHUHGDWUDGHVHFUHWDQGWKXVQRQSXEOLFGDWDXQGHU 0LQQHVRWD V'DWD3UDFWLFHV$FW   3URSRVHULWVHPSOR\HHVDJHQWVDQGVXEFRQWUDFWRUVDUHQRW  ,QFOXGHGRQWKH³6SHFLDOO\'HVLJQDWHG1DWLRQDOVDQG%ORFNHG3HUVRQV´OLVWPDLQWDLQHGE\WKH2IILFHRI)RUHLJQ$VVHWV&RQWURO RIWKH8QLWHG6WDWHV'HSDUWPHQWRIWKH7UHDVXU\IRXQGDWKWWSVZZZWUHDVXU\JRYRIDFGRZQORDGVVGQOLVWSGI   ,QFOXGHGRQWKHJRYHUQPHQWZLGHH[FOXVLRQVOLVWVLQWKH8QLWHG6WDWHV6\VWHPIRU$ZDUG0DQDJHPHQWIRXQGDW KWWSVVDPJRY6$0RU   3UHVHQWO\GHEDUUHGVXVSHQGHGSURSRVHGIRUGHEDUPHQWGHFODUHGLQHOLJLEOHRUYROXQWDULO\H[FOXGHGIURPSURJUDPVRSHUDWHG Bid Number: RFP 030122 Vendor Name: Enterprise Fleet Management, Inc.         Exhibit A Page 148 of 655 E\WKH6WDWHRI0LQQHVRWDWKH8QLWHG6WDWHVIHGHUDOJRYHUQPHQWRUWKH&DQDGLDQJRYHUQPHQWDVDSSOLFDEOHRUDQ\ 3DUWLFLSDWLQJ(QWLW\9HQGRUFHUWLILHVDQGZDUUDQWVWKDWQHLWKHULWQRULWVSULQFLSDOVKDYHEHHQFRQYLFWHGRIDFULPLQDORIIHQVH UHODWHGWRWKHVXEMHFWPDWWHURIWKLVVROLFLWDWLRQ %\FKHFNLQJWKLVER[,DFNQRZOHGJHWKDW,DPERXQGE\WKHWHUPVRIWKH3URSRVHU¶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id Number: RFP 030122 Vendor Name: Enterprise Fleet Management, Inc.         Exhibit A Page 149 of 655 Exhibit B Sourcewell Contract Extension with Enterprise Fleet Management, Inc. RFP#030122 Exhibit B Page 150 of 655 Rev.7/2022 1 CONTRACT EXTENSION Contract Number:030122-EFM Sourcewell and 202 12th Street Northeast Staples, MN 56479 EnterpriseFleetManagement, Inc. 600 Corporate Park Drive St. Louis, MO 63105 (Sourcewell)(Supplier) haveenteredintoContract Number: 030122-EFMforthe procurementof: FleetManagementServices The Contract has an expiration date of 2026-04-18 , butthe partiesmay extendthe Contract by mutual consent. Participating Entities. Supplier andSourcewell agree to extendthe Contract listed above for anadditional period, withanewcontract expirationdate of 2027-04-18. All other terms and conditions of the Contract remain in full force and effect. Sourcewell Enterprise Fleet Management, Inc. Authorized Signature Authorized Signature Jeremy Schwartz Name Name Chief Operating and Procurement Officer Title Title Date Date Exhibit B Page 151 of 655 Exhibit C Master Equity Lease Agreement and all Supplemental Agreements and Documents Exhibit C Page 152 of 655 Page 153 of 655 Page 154 of 655 Page 155 of 655 Page 156 of 655 Page 157 of 655 Page 158 of 655 AMENDMENT TO MASTER EQUITY LEASE AGREEMENT THIS AMENDMENT (“Amendment”) dated this ____ day of ____________, 2026 is attached to, and made a part of, the MASTER EQUITY LEASE AGREEMENT entered into on the ____ day of ____________, 2026 (“Agreement”) by and between Enterprise FM Trust, a Delaware statutory trust (“Lessor”) and City of Diamond Bar, CA ("Lessee"). This Amendment is made for good and valuable consideration, the receipt of which is hereby acknowledged by the parties. Section 17 of the Master Equity Lease Agreement is amended to read as follows: Subject to the provisions of Section 15, this Agreement will be binding upon Lessee and its heirs, executors, personal representatives, successors and assigns, and will inure to the benefit of Lessor, Servicer, any other agent of Lessor and their respective successors and assigns. This Agreement will be governed by and construed in accordance with the substantive laws of the State of California (determined without reference to conflict of law principles). All references in the Agreement and in the various Schedules and addenda to the Agreement and any other references of similar import shall henceforth mean the Agreement as amended by this Amendment. Except to the extent specifically amended by this Amendment, all of the terms, provisions, conditions, covenants, representations and warranties contained in the Agreement shall be and remain in full force and effect and the same are hereby ratified and confirmed. IN WITNESS WHEREOF, Lessor and Lessee have executed this Amendment to Master Equity Lease Agreement as of the day and year first above written. City of Diamond Bar, CA (Lessee) Enterprise FM Trust (Lessor) By: Enterprise Fleet Management, Inc., its attorney in fact By By Title: Title: Date Signed:_________________, _______ Date Signed:________________________, _______ Page 159 of 655 Page 160 of 655 Page 161 of 655 Page 162 of 655 Page 163 of 655 Page 164 of 655 Page 165 of 655 Page 166 of 655 Page 167 of 655 Page 168 of 655 Page 169 of 655 Page 170 of 655 Page 171 of 655 Agenda Item #: 6.10 Meeting Date: June 16, 2026 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager SUBJECT: Consulting Services Agreement with Regional Chamber of Commerce San Gabriel Valley. STRATEGIC GOAL: Safe, Sustainable and Healthy Community RECOMMENDATION: Approve, and authorize the City Manager to sign, the Consulting Services Agreement with the Regional Chamber of Commerce San Gabriel Valley through June 30, 2027. FINANCIAL IMPACT: The total not-to-exceed amount of the Agreement for Fiscal Year 2026/27 would be $12,000. Sufficient funds are included in the Fiscal Year 2026/27 Economic Development budget. BACKGROUND: The Regional Chamber of Commerce San Gabriel Valley ("Chamber") began as the Diamond Bar Chamber of Commerce before expanding eastward to also include the communities of Walnut, Rowland Heights, Hacienda Heights, Avocado Heights, La Puente, Bassett and Valinda. According to its website, the Chamber seeks to "promote civic, commercial, industrial commerce and enhance the quality of life within our community" while advocating for the business interests of its members. The City of Diamond Bar has partnered with the Chamber for many years, focusing primarily on local business development and engagement efforts. ANALYSIS: The FY 2026/27 Consulting Services Agreement scope of work is designed to continue cooperation between the City and Chamber, with specific core deliverables defined. These include: • Meetings with staff from the City's Office of Economic Development to improve communication, develop programming, and develop relationships in the business community. • The development of local business development workshops and networking events, including Gas Company grant programs, Mayor's Prayer Breakfast, and Business Roundtables, among other events. • Business assistance/service matching programming. • Quarterly reporting. Page 172 of 655 Agenda Item #: 6.10 Meeting Date: June 16, 2026 In FY 2026/27, the Chamber is expected to continue to provide business education and engagement programming, events including grand openings/ribbon cuttings and the annual Mayor's Prayer Breakfast, participate in the City's Restaurant Week program, and drive new local business membership. LEGAL REVIEW: The City Attorney has reviewed and approved the Agreement as to form. PREPARED BY: Ryan McLean, Assistant City Manager, City Manager's Office ATTACHMENTS: 1. Consulting Services Agreement with Regional Chamber of Commerce San Gabriel Valley Through June 30, 2027 Page 173 of 655 CONSULTING SERVICES AGREEMENT THIS AGREEMENT (the "Agreement") is made as of July 1, 2026 by and between the City of Diamond Bar, a municipal corporation ("City") and the Regional Chamber of Commerce—San Gabriel Valley, a California nonprofit public benefit corporation ("Consultant"). 1. Consultant's Services. Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. Assistant City Manager Ryan McLean (herein referred to as the “City’s Project Manager”), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City’s Project Manager to the extent required by the City’s Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City’s Project Manager and the City Manager. 2. Term of Agreement. This Agreement shall take effect July 1, 2026, and shall continue until June 30, 2027 unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed Twelve Thousand dollars ($12,000) without the prior written consent of the City. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. 4. Payment. A. Consultant shall submit to City an invoice monthly for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. Page 174 of 655 C. City will pay Consultant the amount properly invoiced within 35 days of receipt, but may withhold 30% of any invoice until all work is completed, which sum shall be paid within 35 days of completion of the work and receipt of all deliverables. D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. 7. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent, except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws. D. Consultant shall, at Consultant’s sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing Page 175 of 655 requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Consultant’s failure to comply with this Section. 8. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Workers’ Compensation Act and other employee benefit acts with respect to Consultant’s employees or Consultant’s contractor’s employees arising out of Consultant’s work under this Agreement; and (2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Consultant’s legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third party indemnification rights of any kind. 10. Insurance. A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: Page 176 of 655 (1) a policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) automotive liability insurance written on an occurrence basis covering all owned, non-owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; and (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) days prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible Page 177 of 655 constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Consultant fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant. I. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 12. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or Page 178 of 655 completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 13. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 14. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 15. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Except as provided in this Agreement, Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right in its sole discretion to require Consultant to exclude any employee from performing services on City's premises. 16. Non-Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Page 179 of 655 Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. 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. C. 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. 17. Time of Completion. Reserved. 18. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 19. Delays and Extensions of Time. Reserved. 20. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 21. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 22. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. 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. 23. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. Page 180 of 655 24. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 25. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 26. Reserved. 27. Reserved. 28. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. “CONSULTANT” “CITY” Regional Chamber of Commerce SGV City of Diamond Bar PO Box 5251 21810 Copley Drive Hacienda Heights, CA 91745 Diamond Bar, CA 91765-4178 Attn.: Aziz Amiri, CEO Attn.: Ryan McLean, Assistant City Mgr. Phone: 626-810-8476 Phone: 909-839-7016 E-Mail: aziza@regionalchambersgv.com E-mail: RMcLean@diamondbarca.gov 29. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. The venue for any action brought under this Agreement shall be in Los Angeles County. 30. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. Page 181 of 655 31. Severability. If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby, and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s). 32. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations, or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Consultant" "City" REGIONAL CHAMBER OF COMMERCE CITY OF DIAMOND BAR SAN GABRIEL VALLEY By: ______ By: ____ Lauren James Dan Fox, City Manager President and Chairman of the Board ATTEST: Kristina Santana, City Clerk Approved as to form: By:____ Omar Sandoval, City Attorney Page 182 of 655 EXHIBIT “A” FY 2026-2027 CITY SERVICES CONTRACT REGIONAL CHAMBER OF COMMERCE OF THE SAN GABRIEL VALLEY SCOPE OF SERVICES July 1, 2026 through June 30, 2027 A. The Chamber will partner with the City of Diamond Bar to promote business development in the City of Diamond Bar. The Chamber CEO and City Manager or their designee will meet no less than bimonthly to discuss issues impacting the Diamond Bar business community and the Chamber’s efforts to carry out the terms of this agreement. B. The City shall have a non-voting liaison position on the Regional Chamber of Commerce – San Gabriel Valley (“Chamber”) Board of Directors. The position shall be appointed by the Mayor. C. Upon commencement of this agreement, the Chamber shall provide a list of all current Diamond Bar-based business members. The Chamber shall continue efforts to increase Diamond Bar-based business membership by at least 10% by June 30, 2027. D. The Chamber shall organize and promote open-to-the-public events that foster local business development, engagement, and economic growth, including: • A minimum of five (5) business development/coaching workshops (including one-on-one meetings with licensed business counselors or partnerships with other reputable business development agencies) with topics relevant to the current needs of local businesses. Topics may include, but are not limited to business plan development, access to capital and financing opportunities, marketing techniques, emerging technologies, how to expand, job development, etc. • A minimum of four (4) business networking events to be held in Diamond Bar, including the annual Mayor’s Prayer Breakfast event. As an in-kind donation, the City shall provide free access to a City facility (subject to availability) for two (2) of the four (4) events. The City shall receive a minimum of two (2) complimentary passes to each scheduled networking event. E. The Chamber shall provide support for City-sponsored business engagement programs and activities, including: • Provide logistical support, marketing, supplies/materials and other Page 183 of 655 assistance as requested to the City in the course of staging local business engagement events, including, but not limited to, Grand Openings/Ribbon Cuttings and business milestone recognition events. • Assist the City with the annual Diamond Bar Restaurant Week (DBRW) Program which will take place in October. Chamber shall participate in DBRW events (including the 2026 Beerfest/Taste of Diamond Bar event scheduled for Spetember 20, 2026) coordinate and solicit any donations/sponsorships, and provide a grand raffle prize to be distributed to DBRW Dine and Win contest participants at the end of the program. Chamber shall promote DBRW information on the Chamber website, as well as provide content on Chamber social media platforms. Chamber shall, whenever possible coordinate existing professional development events to take place at DBRW participating restaurants and furnish Chamber membership information to local business participants. • Promote City-sponsored Business Watch events to Diamond Bar-based Chamber members. F. The Chamber shall develop and implement a program designed to match Diamond Bar-based businesses with Chamber members that can provide fee-based on- demand business assistance or expertise necessary to their success, including but not limited to attorneys, human resources professionals, graphic designers, marketing professionals, etc. G. The Chamber shall continue to upgrade its official website (www.regionalchambersgv.com), ensuring all content is current and accurate. The City shall be provided second tier banner advertising for City programs on the Chamber website at no cost. H. The Chamber shall maintain technology designed to increase communications by facilitating mass e-mail, text, and phone outreach capabilities. I. The Chamber shall submit quarterly reports to the City Manager or designee. At a minimum, the reports shall contain the following information: • A list of all Diamond Bar-based businesses with active Regional Chamber of Commerce-SGV membership status. • A summary of all Chamber Business Development Workshops held during the quarter and the total number of Diamond Bar-based businesses/residents participating. • A summary of all Networking Events held and the total number of Diamond Bar-based businesses/residents participating. • Website data, including the total number of website visits/hits and e- subscribers. • A summary of other relevant Chamber activities conducted during the period, as determined by the CEO. Page 184 of 655 J. At a regular City Council meeting in May or June (to be determined by the City), the Chamber shall present an annual report to the City Council highlighting its accomplishments for the year, with particular focus on those included in this scope of services. Page 185 of 655 Agenda Item #: 6.11 Meeting Date: June 16, 2026 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager SUBJECT: Printing and Mailing Services for the City Newsletter and Recreation Guide with The Dot Printer, Inc. STRATEGIC GOAL: Open, Engaged and Responsive Government RECOMMENDATION: Approve, and authorize the City Manager to issue, a Purchase Order to The Dot Printer, Inc. for printing and mailing services in the not-to-exceed amount of $78,981 for FY 2026/27. FINANCIAL IMPACT: The total not-to-exceed amount of the Purchase Order for Fiscal Year 2026/27 would be $78,981 which includes the bid amount of $71,801 plus a 10% contingency amount of $7,180. Sufficient funds are included in the Fiscal Year 2026/27 Community Relations Operating Budget to cover such expenditures. BACKGROUND: The City’s monthly newsletter, Diamond Bar Connection, is a valuable communication tool used to keep residents and businesses informed about City projects, programs and services. Diamond Bar Connection is produced as a four-page publication five times a year, to a six-page publication four times a year, and increases to a 32-page publication in April, August and December to include the seasonal recreation guide. It is mailed to approximately 22,100 Diamond Bar residential and business addresses, with extra copies printed for placement on information racks in various City facilities and distribution at community events throughout the year. ANALYSIS: To accommodate the printing and mailing of the newsletter and recreation guide, the Community Relations Division solicited proposals from qualified commercial printers through the PlanetBids portal. Of the 46 vendors that were notified of the bidding opportunity, six printers responded, with bid amounts ranging from $71,801 to $170,720. The lowest responsive bid was received from The Dot Printer, Inc. Based in Irvine, The Dot Printer is a full-service printer that has been in business since 1980. They have the equipment and expertise to manage the printing and mailing of both publications in-house using 30% post-consumer recycled content paper, in compliance with CalRecycle's SB 1383 regulations. Page 186 of 655 Agenda Item #: 6.11 Meeting Date: June 16, 2026 PREPARED BY: Cecilia Arellano, Community Relations Manager, Community Relations ATTACHMENTS: 1. PlanetBids Bid Summary-Printing and Mailing Services 2026 2. FY27 Newsletter Rec Guide Printing Quotation Packet Page 187 of 655 City of Diamond Bar Printing and Mailing of the City Newsletter and Recreation Guide (CRD-2026-001), bidding on 06/05/2026 12:00 PM (PDT) Page 1 of 10 Printed 06/08/2026 PlanetBids Page 188 of 655 City of Diamond Bar Printing and Mailing of the City Newsletter and Recreation Guide (CRD-2026-001), bidding on 06/05/2026 12:00 PM (PDT) Page 2 of 10 Printed 06/08/2026 PlanetBids Page 189 of 655 City of Diamond Bar Printing and Mailing of the City Newsletter and Recreation Guide (CRD-2026-001), bidding on 06/05/2026 12:00 PM (PDT) Page 3 of 10 Printed 06/08/2026 PlanetBids Page 190 of 655 City of Diamond Bar Printing and Mailing of the City Newsletter and Recreation Guide (CRD-2026-001), bidding on 06/05/2026 12:00 PM (PDT) Page 4 of 10 Printed 06/08/2026 PlanetBids Page 191 of 655 City of Diamond Bar Printing and Mailing of the City Newsletter and Recreation Guide (CRD-2026-001), bidding on 06/05/2026 12:00 PM (PDT) Page 5 of 10 Printed 06/08/2026 PlanetBids Page 192 of 655 City of Diamond Bar Printing and Mailing of the City Newsletter and Recreation Guide (CRD-2026-001), bidding on 06/05/2026 12:00 PM (PDT) Page 6 of 10 Printed 06/08/2026 PlanetBids Page 193 of 655 City of Diamond Bar Printing and Mailing of the City Newsletter and Recreation Guide (CRD-2026-001), bidding on 06/05/2026 12:00 PM (PDT) Page 7 of 10 Printed 06/08/2026 PlanetBids Page 194 of 655 City of Diamond Bar Printing and Mailing of the City Newsletter and Recreation Guide (CRD-2026-001), bidding on 06/05/2026 12:00 PM (PDT) Page 8 of 10 Printed 06/08/2026 PlanetBids Page 195 of 655 City of Diamond Bar Printing and Mailing of the City Newsletter and Recreation Guide (CRD-2026-001), bidding on 06/05/2026 12:00 PM (PDT) Page 9 of 10 Printed 06/08/2026 PlanetBids Page 196 of 655 City of Diamond Bar Printing and Mailing of the City Newsletter and Recreation Guide (CRD-2026-001), bidding on 06/05/2026 12:00 PM (PDT) Page 10 of 10 Printed 06/08/2026 PlanetBids Page 197 of 655 Cecilia Arellano Phone Number: 1 Address 2 Address 3 Address Description:Quantity:Unit Price:Unit Price Unit Price 4-Page Newsletter 6 $ 2,747.08 $ 3,531.70 $ 3,018.66 6-Page Newsletter 3 $ 4,419.94 $ 4,581.09 $4,463.33 32-Page Rec Guide 3 $ 14,019.46 $ 14,832.00 $16,368.33 Subtotal:Subtotal:Subtotal: TOTAL:TOTAL:TOTAL:71,800.68$ 79,429.47$ 80,606.94$ 71,800.68$ 79,429.47$ 80,606.940$ 42,058.38$ 44,496.00$ 49,104.99$ 16,482.48$ 21,190.20$ 18,111.96$ 13,259.82$ 13,743.27$ 13,389.99$ BID/QUOTE TABULATION THE DOT PRINTER DIRECT CONNECTION iCOLOR PRINTING & MAILING Total:Total:Total: iCOLOR PRINTING & MAILING 6/1/2026 714-550-9779 937 PINE AVENUE, LONG BEACH, CA 90813 Contact:SAMEER KHAN 1538 E. ARROW HIGHWAY, LA VERNE, CA 91750 Contact:CHRIS HODGMAN DIRECT CONNECTION MAILING 6/4/2026 310-997-1452 THE DOT PRINTER 6/5/2026 414-712-6952 2424 McGAW AVE., IRVINE, CA 92614 Contact:ERIQ ZAQUETA Description of Item(s) or Service(s):Quantity: Printing and mailing services - nine monthly newsletters and four seasonal recreation guides for fiscal year 2027. Vendor Name Date of Quote Method (email/fax/phone) Extension:Date:6/8/26 Account Number: 100240-52110 City of Diamond Bar BID /QUOTATION WORKSHEET FORM Attach Written Bids from Vendors To This Form Employee Name:Dept./Div.:Community Relations Page 198 of 655 Cecilia Arellano Phone Number: 4 Address 5 Address 6 Adddress Description:Quantity:Unit Price:Unit Price Unit Price 4-Page Newsletter 6 $ 4,175.45 $ 4,825.98 $ 7,524.46 6-Page Newsletter 3 $6,208.95 $ 6,670.82 $8,611.00 32-Page Rec Guide 3 $ 15,478.86 $ 21,182.24 $33,246.57 Subtotal:Subtotal:Subtotal: TOTAL:TOTAL:TOTAL: City of Diamond Bar Employee Name:Dept./Div.: Extension:Date: Attach Written Bids from Vendors To This Form 18,626.85$ 28,955.88$ 112,515.06$ Total: 45,146.76$ 170,719.47$ 112,515.06$ BID /QUOTATION WORKSHEET FORM 90,116.13$ Total: 46,436.58$ 90,116.13$ 25,052.70$ 10266 BIRTCHER DRIVE, JURUPA VALLEY, CA 91752 25,833.00$ 99,739.71$ 63,546.72$ 20,012.46$ Vendor Name 170,719.47$ Date of Quote 909-595-11086/2/2026 6/4/2026 Contact: Method (email/fax/phone) KES MAIL, INC ACP PUBLICATIONS & MARKETING 20268 CARREY ROAD, WALNUT, CA 91789 2930 VAIL AVE., COMMERCE, CA 90040 Total: CARMINA BAUTISTAContact: 310-970-8041 Description of Item(s) or Service(s): Printing and mailing services - nine monthly newsletters and four seasonal recreation guides for fiscal year 2027. YAMIT RATANJEE DAY & NITE PRINTING & GRAPHICS Community Relations Quantity: Account Number: 100240-52110 STEVEN KRIZEKContact: BID/QUOTE TABULATION DAY & NITE PRINTING & GRAPHICS KES MAIL, INC.ACP PUBLICATIONS & MARKETING 6/8/26 Page 199 of 655 City of Diamond Bar City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 Attn: Cecilia Arellano, Community Relations Manager RE: Proposal Submission – Printing and Mailing of City Newsletter and Recreation Guide (FY26) 06/05/2026 12:00 PM (PDT) Cover Letter Dear Cecilia, On behalf of Dot Printer, I am pleased to submit our bid for the Printing and Mailing of the City Newsletter and Recreation Guide CRD-2026-001. Dot Printer has experience working with cities, public agencies, and community organizations on printed materials such as newsletters, recreation guides, brochures, postcards, and other mailed pieces. We understand how important these publications are for keeping residents informed, and we take pride in producing quality work that is accurate, professional, and delivered on time. For this project, our team is prepared to handle the printing, mailing preparation, sorting, bundling, and delivery needed to complete each newsletter and recreation guide mailing. We will make sure communication stays clear throughout the process and that each mailing is handled with care from start to finish. We appreciate the opportunity to submit our bid and would be grateful for the chance to work with the City on this project. Please let me know if there is anything else you need from us. Sincerely, Eriq Zazueta Business Development Representative Page 200 of 655 Vendor Address Representative Name Phone Email Description Quantity Monthly Price 6 Month Total 4 Page Newsletter 22,500 Sales Tax Post Office Deliver Fee Total Cost Additonal Copies 1,000 Sales Tax City Hall Delivery Fee Mailing Services Fee Total Cost Description Quantity Monthly Price 3 Month Total 6 Page Newsletter 22,500 Sales Tax Post Office Deliver Fee Total Cost Additonal Copies 1,000 Sales Tax City Hall Delivery Fee Mailing Services Fee Total Cost Page 1 of 2 CITY NEWSLETTER - 4 PAGE ISSUE CITY NEWSLETTER - 6 PAGE ISSUE CITY NEWSLETTER - 32 PAGE ISSUE City of Diamond Bar Request for BID - BID SHEET Printing and Mailing of City Newsletter and Recreation Guide Deadline for submissions: noon on Thursday, June 4, 2026 $1,549.92 $240.00 $92.19 $8.99 $75.00 $629.86 $151.12 $1,941.04 $806.04 $9,299.52 $906.72 $11,646.24 $553.14 $53.94 $450.00 $3,779.16 $4,836.24 $1,440.00 $2,988.57 $291.39 $240.00 $3,519.96 $177.79 $17.33 $75.00 $629.86 $899.98 $8,965.71 $874.17 $720.00 $10,559.88 $533.37 $51.99 $225.00 $1,889.58 $2,699.94 The Dot Printer, Inc. 2424 McGaw Ave Irvine, CA 92614 Eriq Zazueta, Business Development Representative 414-712-6952 Eriq Zazueta Page 201 of 655 City of Diamond Bar Request for BID - BID SHEET Printing and Mailing of City Newsletter and Recreation Guide Deadline for submissions: noon on Thursday, June 4, 2026 Description Quantity Monthly Price 3 Month Total 32 Page Recreation Guide 22,500 Sales Tax Post Office Deliver Fee Total Cost Additonal Copies 2,500 Sales Tax City Hall Delivery Fee Mailing Services Fee Total Cost Annual Grand Total Turnaround days for delivery to post office after files are received: Representative Signature Date Page 2 of 2 QUESTION Grand total must include all fees, including additonal copies, sales tax, delivery, and mailing charges. $10,603.14 $1,033.81 $240.00 $1,419.43 $138.39 $75.00 $509.69 $2,142.51 $11,876.95 $31,809.42 $3,101.43 $720.00 $35,630.85 $4,258.29 $415.17 $225.00 $1,529.07 $6,427.53 5 days $71,800.68 06/05/2026 Page 202 of 655 Direct Connection 1538 Arrow Hwy, La Verne, CA 91750 | (909) 392-2334 | Chris@DirectConnectionMail.com SUBMITTED TO City of Diamond Bar 21810 Copley Dr, Diamond Bar, CA 91765 Printing and Mailing of Diamond Bar City Newsletter and Recreation Guide Fiscal Year 2026 - 2027 Direct Connection | Design - Print - Mail | Since 1990 | La Verne, CA Page 203 of 655 City of Diamond Bar Request for BID – BID SHEET | Printing and Mailing of City Newsletter and Recreation Guide Deadline for submissions: noon on Thursday, June 4, 2026 Page 1 of 2 Vendor:Address: Representative Name:Phone:Email: CITY NEWSLETTER – 4 PAGE ISSUE Description Quantity Monthly Price 6-Month Total 4 Page Newsletter 22,500 Sales Tax Post Office Delivery Fee Total Cost Additional Copies Description Quantity Monthly Price 6-Month Total Additional Copies 1,000 Sales Tax City Hall Delivery Fee Mailing Services Fee Total Cost CITY NEWSLETTER – 6 PAGE ISSUE Description Quantity Monthly Price 3-Month Total 6 Page Newsletter 22,500 Sales Tax Post Office Delivery Fee Total Cost Additional Copies Description Quantity Monthly Price 3-Month Total Additional Copies 1,000 Sales Tax City Hall Delivery Fee Mailing Services Fee Total Cost Direct Connection Mailing 1538 Arrow Hwy Christopher Hodgman (909) 297-6008 Chris@directconnectionmail.co $2,700.00 $16,200.00 $0 $0 $200.00 $1,200.00 $2,900.00 $17,400.00 $120.00 $720.00 $11.70 $70.200 $50.00 $300.00 $450.00 $2,700.00 $3,531.70 $21,190.00 $3,700.00 $16,200.00 $0.00 $0.00 $200.00 $600.00 $3,900.00 $11,700.00 $165.00 $495.00 $160.09 $48.27 $50.00 $150.00 $450.00 $1,350.00 $4,581.09 $13,743.27 Page 204 of 655 City of Diamond Bar Request for BID – BID SHEET | Printing and Mailing of City Newsletter and Recreation Guide Deadline for submissions: noon on Thursday, June 4, 2026 Page 2 of 2 CITY NEWSLETTER – 32 PAGE ISSUE Description Quantity Monthly Price 3-Month Total 32 Page Recreation Guide 22,500 Sales Tax Post Office Delivery Fee Total Cost Additional Copies Description Quantity Monthly Price 3-Month Total Additional Copies 2,500 Sales Tax City Hall Delivery Fee Mailing Services Fee Total Cost Annual Grand Total Turnaround days for delivery to post office after files are received: Grand total must include all fees, including additional copies, sales tax, delivery, and mailing charges. Representative Signature:Date: $12,375.00 $37,125.00 $0.00 $0.0 $200.00 $600.00 $12,575.00 $37,725.00 $1,375.00 $4,125.00 $132.00 $396.00 $50.00 $150.00 $700.00 $2,100.00 $14,832.00 $44,496.00 $79,429.47 5-6 business days Christopher Hodgman 06/04/2026 Page 205 of 655 June 03, 2026 Cecilia Arellano City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 REF: Letter of Transmittal – CRD-2026-001 • Printing and Mailing of the City Newsletter and Recreation Guide Dear Cecilia, Thank you for the opportunity to present the services of my firm, I Color Printing & Mailing Inc. (iColor). Please allow this letter to serve as our interest to submit our bid package as outlined in the above referenced bid. Enclosed herewith, please find our bid pricing sheet for your review. We have reviewed the bid extensively and are confident that you will find the information contained within to be clear, concise and informational. Identification of Offeror: Name: Corp Headquarters: Offeror’s Representative: Office Phone: Direct (preferred): Email Address: Status: I Color Printing & Mailing Inc. 13000 S Broadway Los Angeles, CA 90061 Sameer Khan 310-997-1452 310-920-7260 sameer@icolorprinting.net Private held – C Corporation 13000 S. Broadway Los Angeles CA 90061 (310) 997 -14 5 2 www.icolorprinting.net We appreciate the opportunity to submit this proposal and remain at your disposal for any additional information or clarification you may require. Please feel free to contact me at any time. Thank you, and we look forward to servicing you soon. Sincerely, Sameer Khan Page 206 of 655 Vendor Address Representative Name Phone Email Description Quantity Monthly Price 6 Month Total 4 Page Newsletter 22,500 Sales Tax Post Office Deliver Fee Total Cost Additonal Copies 1,000 Sales Tax City Hall Delivery Fee Mailing Services Fee Total Cost Description Quantity Monthly Price 3 Month Total 6 Page Newsletter 22,500 Sales Tax Post Office Deliver Fee Total Cost Additonal Copies 1,000 Sales Tax City Hall Delivery Fee Mailing Services Fee Total Cost Page 1 of 2 CITY NEWSLETTER - 4 PAGE ISSUE CITY NEWSLETTER - 6 PAGE ISSUE CITY NEWSLETTER - 32 PAGE ISSUE City of Diamond Bar Request for BID - BID SHEET Printing and Mailing of City Newsletter and Recreation Guide Deadline for submissions: noon on Thursday, June 4, 2026 I Color Printing & Mailing, Inc. 13000 South Broadway., Los Angeles, CA 90061 Sameer Khan 310-997-1452 sameer@icolorprinting.net $2,350.00 $14,100.00 $0.00 $0.00 $250.00 $1,500.00 $2,829.13 $15,600.00 $102.00 $612.00 $0.00 $0.00 $175.00 $850.00 $1,136.95 $1,050.00 $850.00 $2,512.00 $3,600.00 $10,800.00 $0.00 $0.00 $250.00 $750.00 $4,201.00 $11,550.00 $155.00 $0.00 $175.00 $850.00 $1,195.11 $465.00 $0.00 $525.00 $850.00 $1,840.00 Page 207 of 655 Page 208 of 655 Yamit Ratanjee 909.595.1108 20268 Carrey Rd. Walnut, CA 91789 Day & Nite originated as a textbook printing press exclusively serving Mount San Antonio College. Under new ownership in 2020, we expanded our services to encompass full-ser- vice commercial printing, promotional items, and engraving and personalization. This evo- lution has positioned us as a comprehensive printing and promotional solutions provider, offering awards and personalized items to the communities of Diamond Bar, Walnut, and the surrounding areas. Our core mission remains unwavering: delivering exceptional cus- tomer service and top-quality products. Our customers consistently express satisfaction with our printing and personalization capabilities. On the following page is the price breakdown for each mailing. We appreciate your time and consideration. We look forward to working with you. Sincerely, Yamit Ratanjee Owner of Day & Nite Printing Page 209 of 655 Vendor Address Representative Name Phone Email Description Quantity Monthly Price 6 Month Total 4 Page Newsletter 22,500 Sales Tax Post Office Deliver Fee Total Cost Additonal Copies 1,000 Sales Tax City Hall Delivery Fee Mailing Services Fee Total Cost Description Quantity Monthly Price 3 Month Total 6 Page Newsletter 22,500 Sales Tax Post Office Deliver Fee Total Cost Additonal Copies 1,000 Sales Tax City Hall Delivery Fee Mailing Services Fee Total Cost Page 1 of 2 CITY NEWSLETTER - 4 PAGE ISSUE CITY NEWSLETTER - 6 PAGE ISSUE CITY NEWSLETTER - 32 PAGE ISSUE City of Diamond BarRequest for BID - BID SHEETPrinting and Mailing of City Newsletter and Recreation Guide Deadline for submissions: noon on Thursday, June 4, 2026 'D\ 1LWH3ULQWLQJ &DUUH\5G:DOQXW&$ <DPLW5DWDQMHH <DPLW#'D\DQG1LWHFRP                   Yamit Ratanjee 909.595.1108 20268 Carrey Rd. Walnut, CA 91789 Page 210 of 655 City of Diamond Bar Request for BID - BID SHEET Printing and Mailing of City Newsletter and Recreation Guide Deadline for submissions: noon on Thursday, June 4, 2026 Description Quantity Monthly Price 3 Month Total 32 Page Recreation Guide 22,500 Sales Tax Post Office Deliver Fee Total Cost Additonal Copies 2,500 Sales Tax City Hall Delivery Fee Mailing Services Fee Total Cost Annual Grand Total Turnaround days for delivery to post office after files are received: Representative Signature Date Page 2 of 2 QUESTION Grand total must include all fees, including additonal copies, sales tax, delivery, and mailing charges.           %XVLQHVV'D\VDIWHUDUWDSSURYDO  Yamit Ratanjee 909.595.1108 20268 Carrey Rd. Walnut, CA 91789 Page 211 of 655 Cover Letter This proposal is genuine, and not sham or collusive, nor made in the interest or on behalf of any person not named therein; the proposer has not directly or indirectly induced or solicited any other proposer to put in a sham bid, or any other person, firm or corporation to refrain from submitting a proposal, and the proposer has not in any manner sought by collusion to secure for themselves an advantage over any other proposer. Legal Business Name: KES Mail, Inc. Address: 2930 Vail Ave, Commerce CA 90040-2616 Phone: (310) 970-8041 Website: www.kesmail.com Business Status: Corporation Person authorized to represent the proposer in negotiations: Steven A. Krizek Title: CEO Address: KES Mail, Inc., 2930 Vail Ave, Commerce CA 90040-2616 Phone: (310) 970-8041 ext. 202 Email: stevek@kesmail.com Alternatives/conditions to requirements: N/A Regards, Steven A. Krizek CEO Page 212 of 655 Vendor Address Representative Name Phone Email Description Quantity Monthly Price 6 Month Total 4 Page Newsletter 22,500 Sales Tax Post Office Deliver Fee Total Cost Additonal Copies 1,000 Sales Tax City Hall Delivery Fee Mailing Services Fee Total Cost Description Quantity Monthly Price 3 Month Total 6 Page Newsletter 22,500 Sales Tax Post Office Deliver Fee Total Cost Additonal Copies 1,000 Sales Tax City Hall Delivery Fee Mailing Services Fee Total Cost Page 1 of 2 CITY NEWSLETTER - 4 PAGE ISSUE CITY NEWSLETTER - 6 PAGE ISSUE CITY NEWSLETTER - 32 PAGE ISSUE City of Diamond Bar Request for BID - BID SHEET Printing and Mailing of City Newsletter and Recreation Guide Deadline for submissions: noon on Thursday, June 4, 2026 KES Mail, Inc. 2930 Vail Ave, Commerce CA 90040 Steve Krizek (310) 970-8041 (310) 970-8041 $2,955.50 $310.33 $400.00 $3,665.83 $17,733.00 $1,861.98 $2,400.00 $21,994.98 $788.16 $82.74 $300.00 $5,790.00 $13,662.00 $1,434.51 $1,200.00 $16,296.51 $131.36 $13.79 $50.00 $965.00 $28,955.88$4,825.98 $4,554.00 $478.17 $400.00 $5,432.17 $607.20 $63.75 $150.00 $2,895.00 $202.40 $21.25 $50.00 $965.00 $20,012.46$6,670.82 Page 213 of 655 City of Diamond Bar Request for BID - BID SHEET Printing and Mailing of City Newsletter and Recreation Guide Deadline for submissions: noon on Thursday, June 4, 2026 Description Quantity Monthly Price 3 Month Total 32 Page Recreation Guide 22,500 Sales Tax Post Office Deliver Fee Total Cost Additonal Copies 2,500 Sales Tax City Hall Delivery Fee Mailing Services Fee Total Cost Annual Grand Total Turnaround days for delivery to post office after files are received: Representative Signature Date Page 2 of 2 QUESTION Grand total must include all fees, including additonal copies, sales tax, delivery, and mailing charges. $48,300.00 $5,071.50 $1,200.00 $54,571.50 $16,100.00 $1,690.50 $400.00 $18,190.50 $5,366.70 $563.52 $150.00 $965.00 $1,788.90 $187.84 $50.00 $965.00 $63,546.72$21,182.24 $112,515.06 PDF proof within 24 hours after receipt of files. 4-pg and 6-pg Newsletter printed and mailed within 5 business days from approval. 32-pg Guide printed and mailed within 7 business days from approval. 6/4/2026 Page 214 of 655 Page 215 of 655 Page 216 of 655 Page 217 of 655 Agenda Item #: 6.12 Meeting Date: June 16, 2026 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager SUBJECT: First Amendment to the Consulting Services Agreement with Roth Staffing Companies for Temporary Staffing Services. STRATEGIC GOAL: Open, Engaged and Responsive Government RECOMMENDATION: Approve, and authorize the City Manager to sign, the First Amendment to the Consultant Services Agreement with Roth Staffing Companies. FINANCIAL IMPACT: The First Amendment would increase the total not-to-exceed compensation under the Agreement by $45,000 for a total of $89,999. Sufficient funds are available in the FY 2026/27 operating budget to cover the cost of such services. BACKGROUND: In late 2025, the City’s Finance Department experienced a long-term employee absence, and eventual separation, which resulted in a need for temporary staffing assistance at the professional accountant level. During that same time period, the City Clerk’s Office had a series of planned and unplanned staff absences that required temporary staffing assistance as to not disrupt City operations at the front counter of City Hall. Under the City Manager's authority, the City entered into a consultant services agreement with Roth Staffing Companies to provide temporary staff to both the Finance Department and City Clerk’s Office. ANALYSIS: The City previously used Roth Staffing temporary staffing services to assist with short-term employee absences and found them to consistently provide reliable and qualified staff. This amendment would allow City departments, as needed, to utilize the temporary staffing services from Roth Staffing Companies to fill-in with temporary staff so that City operations and service levels remain at consistent and productive levels. Temporary staffing services are only utilized on an on-call or as-needed basis and not meant to supplement or replace City personnel on a long-term basis. Without the use of temporary staffing services, the City departments, and in some cases members of the public, may experience service delays, lower productivity and/or an increased strain on existing staff. Page 218 of 655 Agenda Item #: 6.12 Meeting Date: June 16, 2026 The proposed First Amendment to the Consulting Services Agreement would extend the not-to-exceed amount by $45,000 for FY 2026/27. City departments would pay for temporary staffing services through authorized and budgeted funds from salary savings and/or professional services accounts. LEGAL REVIEW: The City Attorney has reviewed and approved the Agreement as to form. PREPARED BY: Amy Haug, Director, Human Resources & Risk Management ATTACHMENTS: 1. Roth Staffing Companies Ammendment No. 1 Page 219 of 655 1 AMENDMENT NO. 1 TO STAFFING SERVICES AGREEMENT This Amendment No. 1 to Staffing Services Agreement (the “Agreement”) is made and entered into as of June 16, 2026 by and between the City of Diamond Bar, a municipal corporation (“City”), and Roth Staffing Companies, L.P. dba Ultimate Staffing Services and Ledgent Finance & Accounting Consultant”) with reference to the following: A. The City and the Consultant entered into that certain Temporary Staffing Services Agreement dated as of December 18, 2025, which is incorporated herein by this reference (the “Agreement”); and B. The City and the Consultant desire to amend the Agreement to modify, amend and supplement certain portions of the Agreement. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Term of Agreement. The Agreement was for the term of December 18, 2025 through June 30, 2026. This Amendment extends the term of the Agreement from July 1, 2026 through June 30, 2027. 3. Compensation. Total payment to Consultant pursuant to the Agreement was not exceed $44,999. This Amendment increases the not to exceed amount by $45,000 for fiscal year 2026/27. 4. Integration. This Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This Amendment No. 1 amends, as set forth herein, the Agreement and except as specifically amended hereby, the Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Amendment and the terms and provisions of the Agreement, the terms and provisions of this Amendment shall control. [SIGNATURE PAGE FOLLOWS] Docusign Envelope ID: 55E1DCBC-B75D-8136-821A-229406BA9782 Page 220 of 655 2 IN WITNESS hereof, the parties enter into this Amendment No. 1 on the year and day first above written. “CONSULTANT” “CITY” ROTH STAFFING COMPANIES CITY OF DIAMOND BAR By: By: Jennifer Simonson, General Counsel & SVP Daniel Fox, City Manager ATTEST: Kristina Santana, City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorney Docusign Envelope ID: 55E1DCBC-B75D-8136-821A-229406BA9782 Page 221 of 655 Agenda Item #: 6.13 Meeting Date: June 16, 2026 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager SUBJECT: Authorization to Submit a List of Projects to be Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017 for FY 2026/27. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Adopt Resolution No. 2026-23 authorizing the submission of the FY 2026/27 list of road projects funded by SB-1: The Road Repair and Accountability Act of 2017. FINANCIAL IMPACT: Sufficient funds in the amount of $1,500,000 have been included in the FY 2026/27 budget for the new Road Repairs and Accountability Act of 2017-funded capital improvement projects. In addition to these new appropriations, remaining balances from FY 2025/26 will be carried over into FY 2026/27 for Road Repair and Accountability Act of 2017-funded capital improvement projects for a total amount of $3,000,000. New Appropriation FY 26/27: $1,500,000 Carryover Appropriation from FY 25/26: $1,500,000 Total FY 26/27 Appropriation: $3,000,000 BACKGROUND: On April 28, 2017, the Governor signed Senate Bill 1 (SB1), which is known as the Road Repair and Accountability Act of 2017 (RMRA). In order to address basic road maintenance, rehabilitation, and critical safety needs on both state highways and local streets and roads, SB1 increased per-gallon fuel excise taxes, diesel fuel sales taxes, and vehicle registration fees. SB1 emphasizes the importance of accountability and transparency in the delivery of California’s transportation programs. Therefore, to be eligible for RMRA funding, cities and counties must submit annual RMRA project reports to the California Transportation Commission (CTC). Prior to receiving an apportionment of RMRA funds from the Controller in a fiscal year, a city must submit to the CTC a list of projects proposed to be funded with these funds. All projects proposed for funding must be included in the budget and adopted by resolution of the City Council at a public meeting. Once the CTC receives the project list from the City, it will report to the Controller that the list has been Page 222 of 655 Agenda Item #: 6.13 Meeting Date: June 16, 2026 submitted and that those projects are therefore eligible to receive an apportionment of RMRA funds for the applicable fiscal year. Attached to this report is the required resolution and project list that will be submitted to the CTC by July 1, 2026 (Attachment 1). ANALYSIS: The proposed FY 2026/27 budget anticipates allocating $3,000,000 in RMRA funds for the following improvement projects: Carryover funding from FY 2025/26 — $1,500,000 1. Arterial Street Rehab (Construction) - $1,500,000 • Brea Canyon Rd. from Diamond Bar Blvd. to Pathfinder Rd. • Brea Canyon Rd. from Pathfinder Rd. to Golden Springs Dr. • Diamond Bar Blvd. from SR-60 Off-Ramp to City Limits New funding in FY 2026/27 — $1,500,000 2. Arterial Street Rehab (Construction) - $1,500,000 • Residential and Collector Streets Pavement Rehabilitation – Area 5 A city receiving an apportionment of RMRA funds is required to sustain Maintenance of Effort (MOE) by spending at least the annual average of its general fund expenditures during the 2009/10, 2010/11, and 2011/12 fiscal years for street, road, and highway purposes from the City’s general fund. This amount for the City of Diamond Bar has been determined to be $467,701. The City is anticipated to meet the required MOE each fiscal year. LEGAL REVIEW: The City Attorney has reviewed and approved the Resolution as to form. PREPARED BY: Christian Malpica, Associate Engineer, Public Works ATTACHMENTS: 1. Resolution No. 2026-23 2. Exhibit A - Project List FY 26-27 Page 223 of 655 RESOLUTION NO. 2026-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING THE SUBMITTAL OF A PROJECT LIST OF ROAD PROJECTS FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 FOR FY 2026/27. WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 was passed by the Legislature and signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 emphasizes the importance of accountability and transparency in the delivery of California’s transportation programs; and WHEREAS, the City of Diamond Bar must submit a project list on an annual basis to the California Transportation Commission in order to be eligible for Road Maintenance and Rehabilitation Account (RMRA) funding; and WHEREAS, SB 1 requires the City to include the project list in the budget and adopt the list by resolution of the City Council in a public meeting; and WHEREAS, The City of Diamond Bar will receive an estimated $1,500,000 in Road Maintenance and Rehabilitation Account (RMRA) funding in Fiscal Year 2026-27; and WHEREAS, The City of Diamond Bar will carry over an estimated $1,500,000 of RMRA funding from Fiscal FY 2025-26 with a new appropriation in the amount of $1,500,000 for a total of $3,000,000 for FY 2026-27. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the City Council of the City of Diamond Bar adopts the attached project list of road projects funded by RMRA funds (Exhibit A). CITY OF DIAMOND BAR __________________________ Steve Tye, Mayor Page 224 of 655 Resolution No. 2026-23 2 ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 16th day of June, 2026, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: __________________________ Kristina Santana, City Clerk Page 225 of 655 STATE OF CALIFORNIA • CALIFORNIA TRANSPORTATION COMMISSION Senate Bill (SB) 1 Proposed Project List Form * Required Type (Select from dropdown list) Explanation (if "Other" is selected, please explain) ? Pre- Construction (mm/yyyy) Construction (mm/yyyy)Min. Max.Sustainability ? Technologies ? Climate Change ? Complete Streets Elements ? Description of Elements PP01 5455 Arterial Street Rehab (Construction) - Brea Canyon Rd from DBB to Pathfinder - Brea Canyon Rd from Pathfinder to Golden Springs Dr - Diamond Bar Blvd from SR 60 off-ramp to City Limits SI262 Road Maintenance & Rehabilitation As part of the City’s ongoing pavement rehabilitation program, the entire width of the following street segments is scheduled for rehabilitation: Brea Canyon Road from Diamond Bar Boulevard to Pathfinder Road; Brea Canyon Road from Pathfinder Road to Golden Springs Drive; Diamond Bar Boulevard from the SR-60 off-ramp to the City Limits. This project consists of a total of approximately 3.8 centerline miles slated for rehabilitation. 06/2026 06/2026 10 20 29 55 No No No No PP02 5455 Residential and Collector Street Rehab - Area 5 (Construction) SI272 Road Maintenance & Rehabilitation As part of the City’s ongoing pavement rehabilitation program, the full width of the residential and collector roadways will be rehabilitated. This project consists of approximately 10.7 centerline miles of roadway scheduled for rehabilitation. 05/2027 06/2027 10 20 29 55 No No No No PP04 5455 PP05 5455 PP06 5455 PP07 5455 PP08 5455 PP09 5455 PP10 5455 PP11 5455 PP12 5455 PP13 5455 PP14 5455 PP15 5455 PP16 5455 PP17 5455 PP18 5455 PP19 5455 PP20 5455 PP21 5455 PP22 5455 PP23 5455 PP24 5455 PP25 5455 PP26 5455 PP27 5455 PP28 5455 PP29 5455 PP30 5455 PP31 5455 PP32 5455 PP33 5455 PP34 5455 PP35 5455 PP36 5455 PP37 5455 PP38 5455 PP39 5455 PP40 5455 PP41 5455 PP42 5455 PP43 5455 PP44 5455 PP45 5455 Legislative District(s) LoCode Part 2: Project Information Local Streets and Roads Program Additional Project Elements (Does the project include element(s) as described in SHC 2030 (c)-(f)? (Select Y/N from dropdown list) ?Proposed Project (PP#) * Project Title Project ID (if any) * Project Description ? * Project Location ? State Senate State Assembly * Estimated Completion Date * Estimated Useful Life (# of Yr) Project Type ? 1 of 2 Page 226 of 655 Agenda Item #: 6.14 Meeting Date: June 16, 2026 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager SUBJECT: Continued Participation in the National Intergovernmental Purchasing Alliance (NIPA) to Purchase Janitorial Supplies for City Facilities. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Adopt Resolution No. 2026-24 authorizing participation in the National Intergovernmental Purchasing Alliance to purchase janitorial supplies for City Facilities in the not-to-exceed amount of $65,000 for Fiscal Year 2026/27. FINANCIAL IMPACT: Sufficient funds for the purchase of sanitary supplies are included in the Fiscal Year 2026/27 Operating Budget for the Civic Center, Diamond Bar Center, and various Parks totaling $65,000. BACKGROUND: The City's Purchasing Ordinance, codified in Chapter 3.24 of the Diamond Bar Municipal Code, generally requires the use of formal bidding procedures for the procurement of goods and services that cost in excess of $45,000. Section 3.24.090(f) provides an exception as follows: "When supplies, personal property, services or equipment can be more efficiently or more cost-efficient obtained through a cooperative purchasing program with a federal, state, county, local or other government purchasing program. Such purchases through a cooperative purchasing program shall be authorized by resolution of the City Council." The City has been using Waxie Sanitary Supply for janitorial supplies at the City facilities. Waxie provides high- quality products and years of responsive customer service that staff has come to rely on. On February 17, 2015, the City Council authorized the use of the National Intergovernmental Purchasing Alliance (NIPA), currently part of OMNIA Partners - Public Sector, for purchase of Waxie products for the Fiscal Year 2014/15. Subsequently, the City Council has authorized the use of NIPA for the procurement of Waxie products every year since. Staff is seeking authorization for continued use of the NIPA for purchases of Waxie products. ANALYSIS: It is recommended that the City forgo its separate bidding process and utilize the bidding process conducted by the City of Tucson, Arizona, which served as the Principal Procurement Agency (lead agency) for the NIPA, and negotiated a contract with Network Services Company to obtain discounted pricing for about 1,400 Page 227 of 655 Agenda Item #: 6.14 Meeting Date: June 16, 2026 Waxie products. These products may be purchased under the agreement by members of the NIPA, including the City of Diamond Bar, from Waxie Sanitary Supply as the local distributor for the Network Services Company. The NIPA is an intergovernmental cooperative purchasing alliance that procures contracted goods and services through a Request for Proposal (RFP) competitive solicitation process conducted by a public agency/governmental entity. The procurement process employed by the NIPA includes the following: 1. The lead agency prepares a competitive solicitation, incorporating language to make the agreement accessible nationally to agencies in states that allow intergovernmental (i.e., "piggyback") contract usage. 2. The lead agency issues the solicitation and any required amendments and notifications‚ and conducts pre- proposal conferences and/or meetings. 3. Interested suppliers respond to the solicitation. 4. The lead agency evaluates the responses, negotiates the final terms and conditions, and ultimately awards the master agreement. The NIPA procurement process is similar to the City's formal bidding procedures, which makes master agreements appropriate for "piggybacking" for purchases of Waxie products included in the City of Tucson and Network Services Company master agreement. The City's Purchasing Ordinance requires that participation in a governmental purchasing program be authorized by Council resolution. The Purchasing Ordinance also requires City Council approval for purchases from a single vendor in a fiscal year in excess of $45,000. Staff anticipates expenditures of $65,000 for Waxie products during Fiscal Year 2026/27. LEGAL REVIEW: The City Attorney has reviewed and approved the Resolution as to form. PREPARED BY: Jason Williams, Maintenance Supervisor, Public Works ATTACHMENTS: 1. Resolution No. 2026-24 Page 228 of 655 RESOLUTION NO. 2026-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING PARTICIPATION IN THE NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE TO PURCHASE JANITORIAL SUPPLIES FOR CITY FACILITIES FROM WAXIE SANITARY SUPPLY AS DISTRIBUTOR FOR THE NETWORK SERVICES COMPANY IN THE AMOUNT NOT TO EXCEED $65,000 DURING FISCAL YEAR 2026/2027. WHEREAS, the City Council has established a purchasing system for the efficient purchase of supplies, services, personal property and equipment at the lowest cost commensurate with the quality needed and to buy without favor or prejudice; and WHEREAS, the City Manager, acting in the role of Purchasing Manager, directs and supervises the acquisition of all goods and services under the authority of Diamond Bar Municipal Code Section 3.24.040 (a); and WHEREAS, Diamond Bar Municipal Code Section 3.24.070(b)(4) authorizes the Purchasing Manager to dispense with formal bidding when, in the opinion of the Purchasing Manager, supplies, personal property, services or equipment can be more efficiently or more cost efficient obtained if acquired on behalf of the city by the state department of general services or other government purchasing program, and the City Council authorizes the "piggyback" procurement by resolution; and WHEREAS, the Purchasing Manager has determined that certain supplies, materials, personal property and equipment can be more efficiently and more inexpensively obtained if acquired on behalf the City as a participant of the National Intergovernmental Purchasing Alliance, an intergovernmental cooperative purchasing alliance that procures contracted goods and services thorough a request for proposal competitive solicitation process conducted by a public agency/governmental entity; and WHEREAS, acquisition of any such supplies, materials, personal property or equipment as a participant of a government purchasing program must be authorized by resolution of the City Council; and WHEREAS, the Purchasing Agent and Purchasing Delegates have evaluated the janitorial products provided by Waxie Sanitary Supply as the local distributor pursuant to a master contract between the City of Tucson, the Network Services Company, and the National Intergovernmental Purchasing Alliance, and have determined that Waxie provides high quality product and responsive customer service, and recommends Waxie Sanitary Supply as the provider of janitorial supplies for City facilities. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Diamond as follows: Page 229 of 655 Resolution No. 2026-24 2 1. Certain supplies, materials, personal property and equipment can be more efficiently and more inexpensively obtained if acquired on behalf of the City as a participant of a government purchasing program as opposed to a formal bidding process. 2. Authorizes participation of the City in the National Intergovernmental Purchasing Alliance. 3. Appoints the City Manager of the City to direct and supervise the acquisition of goods and services as a participant in the National Intergovernmental Purchasing Alliance. 4. Authorizes the City Manager or his designee to purchase janitorial supplies for City facilities from Waxie Sanitary Supply as a participant in the National Intergovernmental Purchasing Alliance in the amount not to exceed $65,000 during Fiscal Year 2026/2027. PASSED, APPROVED AND ADOPTED this 16th day of June, 2026. CITY OF DIAMOND BAR Steve Tye, Mayor ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 16th day of June, 2026, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: __________ Kristina Santana, City Clerk Page 230 of 655 Agenda Item #: 6.15 Meeting Date: June 16, 2026 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager SUBJECT: Seventh Amendment to the Maintenance Services Agreement with Trane U.S. Inc. dba Trane. STRATEGIC GOAL: Safe, Sustainable and Healthy Community RECOMMENDATION: Approve, and authorize the City Manager to sign, the Seventh Amendment to the Maintenance Services Agreement with Trane U.S. Inc. dba Trane, for Mechanical and Building Automation System Preventive Maintenance and Repair Services through June 30, 2027. FINANCIAL IMPACT: The amended total not-to-exceed contract amount for fiscal year 2026/27 would be $83,900, which includes a CPI increase of 3.6%. Sufficient funds are included in the fiscal year 2026/27 operating budget to cover the cost of such services. BACKGROUND: Over the years, the City has upgraded a number of its mechanical and Building Automation Systems (BAS) with new Trane equipment. The current systems provide a more consistent environment in the facilities and a comprehensive method to manage our energy consumption. Preventive maintenance is a cornerstone in managing the repair costs, efficiency, and life expectancy of mechanical equipment. This amendment will continue our comprehensive preventive maintenance program for all City facilities, while ensuring that all current warranties remain in place. ANALYSIS: The City currently has three facilities equipped with BAS, which enable staff to remotely monitor the mechanical operations of the equipment and adjust schedules, set points, airflow, and temperature to optimize overall system efficiency. The work program for fiscal year 2026/27 includes: • Annual preventative maintenance $63,900 • As-needed work (all locations) $20,000 Page 231 of 655 Agenda Item #: 6.15 Meeting Date: June 16, 2026 The total program not-to-exceed for fiscal year 2026/27 of $83,900. The initial term of the Original Agreement entered into on June 18, 2019, was from July 1, 2019, to June 30, 2020, which was extended by subsequent amendments. This seventh amendment will extend the term of the agreement through June 30, 2027. LEGAL REVIEW: The City Attorney has reviewed and approved the Agreement as to form. PREPARED BY: Jason Williams, Maintenance Supervisor, Public Works ATTACHMENTS: 1. Seventh Amendment to Maintenance Services Agreement Trane (BAS) Page 232 of 655 1450826.1 SEVENTH AMENDMENT TO MAINTENANCE SERVICES AGREEMENT This Seventh Amendment to Maintenance Services Agreement (“Sixth Amendment”) is made and entered into as of June 16, 2026, by and between the City of Diamond Bar, a municipal corporation (“City”), and Trane U.S. Inc. dba Trane (herein referred to as the “Contractor”) with reference to the following: A. The City and the Contractor entered into that certain Maintenance Services Agreement dated as of June 18, 2020, which is incorporated herein by this reference (the “Original Agreement”); and B. The City and the Contractor entered into the First Amendment dated as of - June 16, 2020, Second Amendment dated as of June 15, 2021, Third Amendment dated as of July 19, 2022, Fourth Amendment as of July 18, 2023, Fifth Amendment as of June 18, 2024, Sixth Amendment as of July 15, 2025, which are incorporated herein by this reference (“First, Second Third, Fourth, Fifth & Sixth Amendment”), which First, Second, Third, Fourth, Fifth & Sixth Amendments and Original Agreement collectively are referred to herein as the "Agreement"; C. The City and the Contractor desire to amend the Agreement as provided herein. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Revised Scope of Services. The Scope of Services, Exhibit "A" to the Original Agreement, is hereby amended, modified and supplemented to include the services described on Exhibit "A" attached hereto and incorporated herein by this reference. 3. Term. The Term of the Agreement as amended by the Sixth Amendment is from July 1, 2025 to June 30, 2026. This Seventh Amendment extends the term from July 1, 2026 to June 30, 2027. 4. Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement, was the sum of forty-five thousand seventy-six dollars ($45,076) per fiscal year. The First Amendment amended Section 3 of the Original Agreement to provide for a total not-to-exceed compensation in the sum of sixty-five thousand dollars ($65,000) per fiscal year. The Second Amendment amended Section 3 of the First Amendment to provide for a total not-to-exceed compensation in the sum of sixty-six thousand six hundred twenty-five dollars ($66,625) for fiscal year 2021-2022. The Third Amendment amended Section 3 of the Second Amendment to provide for a total not-to- Page 233 of 655 exceed compensation in the sum of seventy thousand six hundred sixty-four dollars ($70,664) for fiscal year 2022-2023. The Fourth Amendment amended Section 3 of the Third Amendment to provide not-to-exceed compensation in the sum of seventy-two thousand seven hundred dollars ($72,700) for fiscal year 2023-2024. Section 3 of the Fourth Amendment is hereby amended to provide for a 3.9% CPI increase of two thousand eight hundred thirty-five dollars and thirty cents ($2,835.30) so that the total not-to-exceed compensation, as amended by the Fifth Amendment was not to exceed seventy-five thousand five hundred thirty-five dollars and thirty cents ($75,535.30) for fiscal year July 1, 2024 through June 30, 2025 without the prior authorization of the City. The Fifth Amendment amended Section 3 of the Fourth Amendment to provide for a total not-to- exceed compensation in the sum of One Hundred Twenty-Seven Thousand and Ten Dollars ($127,010) for the 2025-26 fiscal year. Section 3 of the Sixth Amendment is hereby amended to provide for an adjusted not to exceed amount of eighty-three thousand nine hundred dollars ($83,900) for fiscal year July 1, 2026 through June 30, 2027 without the prior authorization of the City. 5. Integration. This Seventh Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This Seventh Amendment amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Seventh Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this Seventh Amendment shall control. IN WITNESS hereof, the parties enter into this Seventh Amendment on the year and day first above written. Page 234 of 655 “CONTRACTOR” “CITY” Trane U.S. Inc. dba Trane CITY OF DIAMOND BAR *By: By: Printed Name: Dan Fox, City Manager Title: *By: ATTEST: Printed Name: Title: Kristina Santana, City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorney NOTE: If Contractor is a corporation, the City requires the following signature(s): -- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. Page 235 of 655 Diamond Bar MECH & BAS SA 2026-2027 Proposal ID: 8691047 Page 1 of 15 © 2026 Trane Technologies. All Rights Reserved. Confidential and Proprietary Information of Trane U.S. Inc. May 19, 2026 Trane U.S. Inc. 3253 E Imperial Highway Brea, CA 92821 Phone: (714) 983-0505 Fax: (714) 983-0502 Diamond Bar City Of 21825 COPLEY DRIVE Diamond Bar, CA 91765-9176 (818) 631-3669 Sites Included: Diamond Bar City Hall 21810 Copley Dr, Diamond Bar, CA 91765 Diamond Bar Community Center 1600 Grand Ave, Diamond Bar, CA 91765 Diamond Bar Heritage Park 2900 S Brea Canyon Rd, Diamond Bar, CA 91765 Pantera Park Diamond Bar 738 Pantera Drive, Diamond Bar, CA 91765 SUBJECT: Continuation of Service Agreements Your Trane Service Agreement is scheduled for renewal on July 1, 2026. To ensure that there will be no interruption of service and benefits to Diamond Bar City Of your Service Agreement will be extended through June 30, 2027. The adjusted Service Fees for the renewal term for all sites is set forth in the following table: Location Contract # Annual Amount All Sites Payment Payment Term Community Center 2136 $28,396.00 $7,099.00 Quarterly City Hall 2135 $27,603.00 $6,900.75 Quarterly Heritage Park 2134MECH $3,836.00 $959.00 Quarterly Pantera Park 2233MECH $3,778.00 $944.50 Quarterly ALL SITES TOTAL $63,613.00 $15,903.25 Quarterly If there is any reason why this Service Agreement should not be extended through this period, please notify Trane in writing 30 days prior to the renewal date indicated above. If so notified, Trane can continue at your discretion to provide services beyond the renewal date at our standard time and material rates. SCOPE OF SERVICE The Scope of Service for the new agreement period will remain the same with the addition of Trane Autonomous Controls coverage for City Hall and Community Center. The following "Covered Equipment" will be serviced at Diamond Bar City Hall: Equipment Qty Manufacturer Model Number Serial Number Site Level Activities 1 Trane IS102345 Service Description Quantity Per Term Autonomous Control Setup 1 IS Customer Consultation Preparation and Meeting 2 Equipment Qty Manufacturer Model Number Serial Number Asset Tag Tracer SC 1 Trane X136516950 E25D77775 Application SC+ Service Description Quantity Per Term Software Upgrade and Renew SMP License 2 Connected Controls - Operating Inspection - Onsite 2 Equipment Qty Manufacturer Model Number Serial Number Asset Tag 90-130 ton Packaged Industrial Rooftop 1 Trane SXHKC9040N C18H05844 RTU-1 Service Description Quantity Per Term Intellipak Rooftop Annual (Cooling Start Up) 1 Intellipak Rooftop Quarterly Inspection 3 Page 236 of 655 Diamond Bar MECH & BAS SA 2026-2027 Proposal ID: 8691047 Page 2 of 15 © 2026 Trane Technologies. All Rights Reserved. Confidential and Proprietary Information of Trane U.S. Inc. Equipment Qty Manufacturer Model Number Serial Number Asset Tag 90-130 ton Packaged Industrial Rooftop 1 Trane SXHKC9040N C18H05843 RTU-2 Service Description Quantity Per Term Intellipak Rooftop Annual (Cooling Start Up) 1 Intellipak Rooftop Quarterly Inspection 3 Equipment Qty Manufacturer Model Number Serial Number Asset Tag Product Unknown 1 Trane TTA073H40R 17082LSCYA CU-02 Service Description Quantity Per Term Odyssey Cooling Pre-Season Annual Start Up 1 Odyssey Quarterly Inspection 3 Equipment Qty Manufacturer Model Number Serial Number Asset Tag Product Unknown 1 Trane TTA073H40R 17113NPRYA CU-01 Service Description Quantity Per Term Odyssey Cooling Pre-Season Annual Start Up 1 Odyssey Quarterly Inspection 3 The following "Covered Equipment" will be serviced at Diamond Bar Community Center: Equipment Qty Manufacturer Model Number Serial Number Asset Tag Ductless Mini-Splits Systems 1 Mitsubishi Electric US Inc NTYSST12A1 2XC0165731U8H2 AC # 11a Service Description Quantity Per Term AMAZON HVAC OPTION 1 (2 PMs) SCOPE OF WORK (EXCLUD 3 Mini Split Semi Annual 1 Equipment Qty Manufacturer Model Number serial Number Site Level Activities 1 Trane IS102345 Service Description Quantity Per Term Autonomous Control Setup 1 IS Customer Consultation Preparation and Meeting 2 Equipment Qty Manufacturer Model Number Serial Number Tracer SC 1 Trane X136516950 E23B05536 Service Description Quantity Per Term Software Upgrade and Renew SMP License 2 Physical BAS Site Inspection 2 Equipment Qty Manufacturer Model Number Serial Number Asset Tag Boilers - Generic 1 Other H8-0992C V062401021 BOILER # 1 Service Description Quantity Per Term Boiler Annual Maintenance 1 Equipment Qty Manufacturer Model Number Serial Number Asset Tag Outdoor Air Handlers - Generic 1 AAON Inc RNA-090-E- 202405-AVCG00713 AC # 1 Service Description Quantity Per Term Outdoor Air Handler Cooling Pre-Season Annual Maintenance 1 Outdoor Air Handler Quarterly Maintenance 3 Page 237 of 655 Diamond Bar MECH & BAS SA 2026-2027 Proposal ID: 8691047 Page 3 of 15 © 2026 Trane Technologies. All Rights Reserved. Confidential and Proprietary Information of Trane U.S. Inc. Equipment Qty Manufacturer Model Number Serial Number Asset Tag Product Unknown 1 Trane WHC036H4R0 241610009L AC # 2 Product Unknown 1 Trane WHC036H4R0 241610017L AC # 3 Product Unknown 1 Trane WHC036H4R0 241610062L AC # 5 Product Unknown 1 Trane WHC036H4R0 241610080L AC # 6 Product Unknown 1 Trane WHC036H4R0 241610086L AC # 8 Product Unknown 1 Trane WHC036H4R0 241810369L AC # 9 Product Unknown 1 Trane WHC060H4R0 241510165L AC # 4 Product Unknown 1 Trane WHC092H4R0 242110716L AC # 7 Service Description Quantity Per Term Precedent Pre-Season Annual Start Up 1 Precedent Quarterly Inspection 3 Equipment Qty Manufacturer Model Number Serial Number Asset Tag Pumps 1 Bell and Gossett BMP C359944-01G32 PUMP # 1 Service Description Quantity Per Term Annual Pump Maintenance 1 Equipment Qty Manufacturer Model Number Serial Number Asset Tag Mini Split 1 Trane NTYWST12B1 3YE0046631U10N AC # 11b Service Description Quantity Per Term Wall Mounted Ductless Indoor Unit Annual Inspection 1 Wall Mounted Ductless Indoor Unit Quarterly Inspection 3 The following "Covered Equipment" will be serviced at Diamond Bar Heritage Park: Equipment Qty Manufacturer Model Number Serial Number 12 1/2 -25 Ton Packaged Unitary Gas/Elec Rooftop - Dedicated 1 Trane YCH240E3L0 104610745D Service Description Quantity Per Term Voyager Cooling Pre-Season Annual Start Up 1 Voyager Quarterly Inspection 3 The following "Covered Equipment" will be serviced at Pantera Park Diamond Bar: Equipment Qty Manufacturer Model Number Serial Number Asset Tag Split System Air Conditioners - Generic 1 Carrier Corporation 38QRC0C300 2696X28905 CONDENSER 1 Service Description Quantity Per Term Split System Air Handler Cooling Pre-Season Annual Maintenance 1 Split System Air Handler Quarterly Maintenance 3 Page 238 of 655 Diamond Bar MECH & BAS SA 2026-2027 Proposal ID: 8691047 Page 4 of 15 © 2026 Trane Technologies. All Rights Reserved. Confidential and Proprietary Information of Trane U.S. Inc. TERMS & CONDITIONS Terms & Conditions for the renewal period are attached. CLARIFICATIONS If Diamond Bar City Of accounting procedures require a purchase order for the renewal term, please provide your purchase order number to Trane no less than 30 days prior to the renewal date. TARIFFS Trane shall have the right, at its discretion, to pass along any related increases should (1) its costs related to the manufacture, supply, and shipping for any product or service materially increase. This includes, but is not limited to, cost increases in raw materials, supplier components, labor, utilities, freight, logistics, wages and benefits, regulatory compliance, or any other event beyond Company’s control and/or (2) any tariffs, taxes, levies or fees affecting, placed on or related to any product or service materially increases. CUSTOMER ACCEPTANCE TRANE ACCEPTANCE Trane U.S. Inc. ______________________________________ ______________________________________ Authorized Representative Submitted By: Lee Ostrander ______________________________________ Proposal Date: May 19, 2026 Printed Name Office: (714) 983-0505 License Number: 1066318 ______________________________________ Title ______________________________________ ______________________________________ Authorized Representative Purchase Order ______________________________________ ______________________________________ Title Acceptance Date ______________________________________ Signature Date Page 239 of 655 Diamond Bar MECH & BAS SA 2026-2027 Proposal ID: 8691047 Page 5 of 15 © 2026 Trane Technologies. All Rights Reserved. Confidential and Proprietary Information of Trane U.S. Inc. TERMS AND CONDITIONS - SERVICE “Company” shall mean Trane U.S. Inc. dba Trane for Company performance in the United States and Trane Canada ULC for Company performance in Canada. 1. Agreement. These terms and conditions (“Terms”) are an integral part of Company’s offer and form the basis of any agreement (the “Agreement”) resulting from Company’s proposal (the “Proposal”) for the following commercial services as stated in the Proposal (collectively, the “Services”): inspection, maintenance and repair (the “Maintenance Services”) on equipment (the “Covered Equipment”), specified Additional Work (if any), and, if included in the Proposal, Intelligent Services, Energy Assessment, and any other services using remote connectivity (collectively and individually referred to in these Terms as “Intelligent Services”). COMPANY’S TERMS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. 2. Connected Services and Company Provided Telematics Connectivity. In addition to these terms and conditions, the Connected Services Terms of Service (“Connected Services Terms”), available at https://www.trane.com/TraneConnectedServicesTerms, as updated from time to time, are incorporated herein by reference and shall apply to the extent that Company provides Customer with Connected Services, as defined in the Connected Services Terms or Telematics Devices, both as defined in the Connected Services Terms. Certain Equipment may include, or be installed together with, Company provided Telematics Devices that provide remote connectivity and the Connected Services Terms set forth the terms and conditions applicable to the Telematics Devices and connectivity, including opt-out provisions. If Customer provides or transfers the Equipment to another party, Customer shall ensure that such party is informed in writing of the presence of any Telematics Devices and the applicability of the Connected Services Terms. 3. Acceptance. The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized agent (“Customer”) delivered to Company within 30 days from the date of the Proposal. If Customer accepts the Proposal by placing an order, without t he addition of any other terms and conditions of sale or any other modification, Customer’s order shall be deemed acceptance of the Proposal subject to these Te rms and Conditions. If Customer’s order is expressly conditioned upon Company’s acceptance or assent to terms and/or conditions other than those expressed herein, return of such order by Company with Company’s Terms and Conditions attached or referenced serves as Company’s notice of objection to Custom er’s terms and as Company’s counteroffer to perform in accordance with the Proposal and Company Terms and Conditions. If Customer does not reject or object in w riting to Company within 10 days, Company’s counteroffer will be deemed accepted. Customer’s acceptance of performance by Company w ill in any event constitute an acceptance by Customer of Company’s Terms and Conditions. This Agreement is subject to credit approval by Company. Upon disapproval of credit, Company may delay or suspend performance or, at its option, renegotiate prices and/or Terms and Conditions with Customer. If Company and Customer are unable to agree on such revisions, this Agreement shall be cancelled without any liability, other than Customer’s obligation to pay for Services provided by Company to the date of cancellation. 4. Fees and Taxes. Fees for the Services (the “Service Fees”) are as set forth in the Proposal. Except as otherwise stated in the Proposal, Service Fees are based on performance during regular business hours. Charges for performance outside Company’s normal business hours shall be billed separately according to the then prevailing overtime or emergency labor/labour rates. In addition to the stated Service Fees, Customer shall pay all taxes not legally required to be paid by Company or, alternatively, shall provide Company with an acceptable tax exemption certificate. 5. Payment. Payment is due upon receipt of Company’s invoice. Service Fees shall be paid no less frequently than quarterly and in advance of performance of the Services. Company reserves the right to add to any account outstanding for more than 30 days a service char ge equal to the lesser of the maximum allowable legal interest rate or 1.5% of the principal amount due at the end of each month. Without liability to Customer, Company may discontinue performance whenever payment is overdue. Customer shall pay all costs (including attorneys’ fees) incurred by Company in attempting to collect amounts due or otherwise enforcing this Agreement. 6. Customer Breach. Each of the following constitutes a breach by Customer and shall give Company the right, without an election of remedies, to suspend performance or terminate this Agreement by delivery of written notice declaring termination. Upon termination, Customer shall be liable to the Company for all Services furnished to date and all damages sustained by Company (including lost profit and overhead): (a) Any failure by Customer to pay amounts when due; (b) any general assignment by Customer for the benefit of its creditors, Customer’s bankruptcy, insolvency, or receivership; (c) Any representation or warranty furnished by Customer in connection with this Agreement is false or misleading in any material respect when made; or (d) Any failure by Customer to per¬form or comply with any material provision of this Agreement. 7. Performance. Company shall perform the Services in accordance with industry standards generally applicable in the state or province where the Services are performed under similar circumstances when Company performs the Services. Company may refuse to perform where working conditions could endanger property or put people at risk. Unless otherwise agreed by Customer and Company, at Customer’s expense and before the Services begin, Customer will provide any necessary access platforms, catwalks to safely perform the Services in compliance with OSHA, state, or provincial industrial safety regulations or any other applicable industrial safety standards or guidelines. This Agreement presupposes that all major pieces of Covered Equipment are in proper operating condition as of the date hereof. Services furnished are premised on the Covered Equipment being in a maintainable condition. I n no event shall Company have any obligation to replace Covered Equipment that is no longer maintainable. During the first 30 days of this Agreement, or upon initial inspection, and/or upon seasonal start-up (if included in the Services), if an inspection by Company of Covered Equipment indicates repairs or replacement is required, Company will provide a written quotation for such repairs or replacement. If Customer does not authorize such repairs or replacement, Company may remove the unacceptable equipment from the Covered Equipment and adjust the Service Fees accordingly. Customer authorizes Company to utilize Customer’s telephone line or network infrastructure to connect to controls, systems and/or equipment provided or serviced by Company and to provide Services contracted for or otherwise requested by Customer, including remote diagnostic and repair service. Customer acknowledges that Company is not responsible for any adverse impact to Customer’s communications and network infrastructure. Company may elect to install/attach to Customer equipment or provide portable devices (hardware and/or software) for execution of control or diagnostic procedures. Such devices shall remain the personal proprietary property of Company and in no event shall become a fixture of Customer locations. Customer shall not acquire any interest, title or equity in any hardware, software, processes, and other intellectual or proprietary rights to devices used in connection with the Services on Customer equipment. Company may remove such devices at its discretion. Parts used for any repairs made will be those selected by Company as suitable for the repair and may be parts not manufactured by Company. 8. Customer Obligations. Customer shall: (a) Provide Company reasonable and safe access to the Covered Equipment and areas where Company is to work; (b) Follow manufacturer recommendations concerning teardown and internal inspection, major overhaul, restoration or refurbishing of the Covered Equipment; unless expressly stated in the Scope of Services statement, Company is not performing any manufacturer recommended teardown and internal inspection, major overhaul, restoration or refurbishing of the Covered Equipment; and (c) Where applicable, unless water treatment is expressly included in the Services, provide professional cooling tower water treatment in accordance with any reasonable recommendations provided by Company. 9. Exclusions. Unless expressly included in the Covered Equipment or the Services, the Services do not include, and Company shall not be res ponsible for or liable to the Customer for any claims, losses, damages or expenses suffered by the Customer in any way connected with, relating to or arising from, any of the following: (a) Any guarantee of room conditions or system performance; (b) Inspection, maintenance, repair, replacement of or services for: chilled water and condenser water pumps and piping; electrical disconnect switches or circuit breakers; motor starting equipment that is not factory mounted and interconnecting power wiring; recording or portable instruments, gauges or thermometers; non-moving parts or non-maintainable parts of the system, including, but not limited to, storage tanks; pressure vessels, shells, coils, tubes, housings, castings, casings, drain pans, panels, duct work; piping: hydraulic, hydronic, pneumatic, gas, or refrigerant; insulation; pipe covering; refractory material; fuses, unit cabinets; electrical wiring; ductwork or conduit; electrical distribution system; hydronic structural supports and similar items; the appearance of decorative casing or cabinets; damage sustained by other equipment or systems; and/or any failure, misadjustment or design deficiencies in other equipment or systems; (c) Damage, repairs or replacement of parts made necessary as a result of electrical power failure, low voltage, burned out main or branch fuses, low water pressure, vandalism, misuse or abuse, wear and tear, end of life failure, water damage, improper operation, unauthorized alteration of equipment, accident, acts or omissions of Customer or o thers, damage due to freezing weather, calamity, malicious act, or any Event of Force Majeure; (d) Any damage or malfunction resulting from vibration, electrolytic action, freezing, contamination, corrosion, erosion, or caused by scale or sludge on internal tubes except where water treatment protection services are provided by Company as part of this Agreement; (e) Furnishing any items of equipment, material, or labor/labour, or performing special tests recommended or required by insurance companies or federal, state, or local governments; (f) Failure or inadequacy of any structure or foundation supporting or surrounding the equipment to be worked on or any portion thereof; (g) Building access or alterations that might be necessary to repair or replace Customer’s existing equipment; (h) The normal function of starting and stopping equipment or the opening and closing of valves, dampers or regulators normally installed to protect equipment against damage; (i) Valves that are not factory mounted: balance, stop, control, and other valves external to the device unless specifically included in the Agreement; (j) Any responsibility for design or redesign of the system or the Covered Equipment, obsolescence, safety tests, or removal or reins tallation of valve bodies and dampers; (k) Any services, claims, or damages arising out of Customer’s failure to comply with its obligations under this Agreement; (l) Failure of Customer to Page 240 of 655 Diamond Bar MECH & BAS SA 2026-2027 Proposal ID: 8691047 Page 6 of 15 © 2026 Trane Technologies. All Rights Reserved. Confidential and Proprietary Information of Trane U.S. Inc. follow manufacturer recommendations concerning teardown and internal inspection, overhaul and refurbishing of equipment; (m) Any claims, damages, losses, or expenses, arising from or related to conditions that existed in, on, or upon the premises before the effective date of this Agreement (“Pre-Existing Conditions”), including, without limitation, damages, losses, or expenses involving pre-existing building envelope issues, mechanical issues, plumbing issues, and/or indoor air quality issues involving mold/mould and/or fungi; (n) Replacement of refrigerant is excluded, unless replacement of refrigerant is expressly stated as included within the Services, in which case replacement shall in no event exceed the stated percentage of rated sys tem charge per year expressly stated in the Services; (o) crane or rigging costs; (p) Any Services, claims, or damages arising out of refrigerant not supplied by Company. Customer shall be responsible for: (i) The cost of any additional replacement refrigerant; (ii) Operation of any equipment; and (iii) Any claims, damages, losses, or expenses, arising from or related to work done by or services provided by individuals or entities that are not employed by or hired by Company. 10. Limited Warranty. Company warrants that: (a) the material manufactured by Company and provided to Customer in performance of the Services is fr ee from defects in material and manufacture for a period of 12 months from the earlier of the date of equipment start-up or replacement; and (b) the labor/labour portion of the Maintenance Services and Additional Work has been properly performed for a period of 90 days from date of completion (the "Limited Warranty"). Company obligations of equipment start-up, if any are stated in the Proposal, are coterminous with the Limited Warranty period. Defects must be reported to Company within the Limited Warranty period. Company’s obligation under the Limited Warranty is limited to repairing or replacing the defective part at its option and to correcting any labor/labour improperly performed by Company. No liability whatsoever shall attach to Company un til the Maintenance Services and Additional Work have been paid for in full. Exclusions from this Warranty include claims , losses, damages and expenses in any way connected with, related to or arising from failure or malfunction of equipment due to the following: wear and tear; end of life failure; corrosion; erosion; deterioration; Customer's failure to follow the Company-provided maintenance plan; unauthorized or improper maintenance; unauthorized or improper parts or material; refrigerant not supplied by Company; and modifications made by others to equipment. Company shall not be obligated to pay for the cost of lost refrigerant or lost product. Some components of equipment manufactured by Company may be warranted directly from the component supplier, in which case thi s Limited Warranty shall not apply to those components and any warranty of such components shall be the warranty given by such component supplier. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. Equipment, material, and/or parts that are not manufactured by Company (“Third-Party Products(s)”) are not warranted by Company and have such warranties as may be extended by the respective manufacturer. CUSTOMER UNDERSTANDS THAT COMPANY IS NOT THE MANUFACTURER OF ANY THIRD-PARTY PRODUCT(S) AND ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS ARE THOSE OF THE THIRD-PARTY MANUFACTURER, NOT COMPANY AND CUSTOMER IS NOT RELYING ON ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS REGARDING THE THIRD-PARTY PRODUUCT THAT MAY BE PROVIDED BY COMPANY OR ITS AFFILIATES, WHETHER ORAL OR WRITTEN. THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS PROVIDED BY COMPANY TO CUSTOMER UNDER THIS AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, CONDITIONS AND REMEDIES, WHETHER IN CONTRACT, WARRANTY, STATUTE OR TORT (INCLUDING NEGLIGENCE), EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, ENDORSEMENTS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF QUALITY, FITNESS, MERCHANTABILITY, DURABILITY AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF. NO REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, REGARDING PREVENTING, ELIMINATING, REDUCING OR INHIBITING ANY MOLD, FUNGUS, BACTERIA, VIRUS, MICROBIAL GROWTH, OR ANY OTHER CONTAMINANTS (INCLUDING COVID-19 OR ANY SIMILAR VIRUS) (COLLECTIVELY, “CONTAMINANTS”), WHETHER INVOLVING OR IN CONNECTION WITH EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE. IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY FOR THE PREVENTION, ELIMINATION, REDUCTION OR INHIBITION OF THE GROWTH OR SPREAD OF SUCH CONTAMINANTS INVOLVING OR IN CONNECTION WITH ANY EQUIPMENT, THIRD-PARTY PRODUCT, OR ANY COMPONENT THEREOF, SERVICES OR OTHERWISE AND CUSTOMER HEREBY SPECIFICALLY ACKNOWLEDGES AND AGREES THERETO. 11. Indemnity. To the maximum extent permitted by law, Company and Customer shall indemnify and hold harmless each other from any and all cl aims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, resulting from death or bodily injury or damage to real or personal property, to the extent caused by the negligence or misconduct of the indemnifying party, and/or its respective employees or other authorized agents in connection with their activities within the scope of this Agreement. Neither party shall indemnify the other against claims, damages, expenses, or liabilities to the extent attributable to the acts or omissions of the other party or third parties. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify and hold harmless will continue in full force and effect, notwithstanding the expiration or early termination of this Agreement, with respect to any claims based on facts or conditions that occurred prior to expiration or termination of this Agreement. 12. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE FOR SPECIAL, INCIDENTAL, LIQUIDATED, INDIRECT, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION REFRIGERANT LOSS, PRODUCT LOSS, LOST REVENUE OR PROFITS, OR LIABILITY TO THIRD PARTIES), OR CONTAMINANTS LIABILITIES, OR PUNITIVE DAMAGES WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE TOTAL AND AGGREGATE LIABILITY OF THE COMPANY TO THE CUSTOMER WITH RESPECT TO ANY AND ALL CLAIMS CONNECTED WITH, RELATED TO OR ARISING FROM THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT, WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS, SHALL NOT EXCEED THE COMPENSATION RECEIVED BY COMPANY OVER THE 12 MONTH PERIOD PRECEDING THE DATE OF OCCURRENCE FOR THE SERVICES AND ADDITIONAL WORK FOR THE LOCATION WHERE THE LOSS OCCURRED. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT) RESULTING FROM MOLD/MOULD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR OTHER CONTAMINANTS OR AIRBORNE BIOLOGICAL AGENTS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING IN CONNECTION WITH PROVIDING THE INTELLIGENT SERVICES: INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; CUSTOMER’S NETWORK SECURITY; COMPUTER VIRUS; COMMUNICATION FAILURE; THEFT OR DESTRUCTION OF DATA; GAPS IN DATA COLLECTED; AND UNAUTHORIZED ACCESS TO CUSTOMER’S DATA OR COMMUNICATIONS NETWORK. 13. CONTAMINANTS LIABILITY. The transmission of COVID-19 may occur in a variety of ways and circumstances, many of the aspects of which are currently not known. HVAC systems, products, services, and other offerings have not been tested for their effectiveness in reducing the spread of COVID -19, including through the air in closed environments. IN NO EVENT WILL COMPANY BE LIABLE UNDER THIS AGREEMENT OR OTHERWISE FOR ANY INDEMNIFICATION, ACTION OR CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, FOR ANY BODILY INJURY (INCLUDING DEATH) DAMAGE TO PROPERTY, OR ANY OTHER LIABILITIES, DAMAGES OR COSTS RELATED TO CONTAMINANTS (INCLUDING THE SPREAD, TRANSMISSION OR CONTAMINATION THEREOF) (COLLECTIVELY, “CONTAMINANTS LIABILITIES”) AND CUSTOMER HEREBY EXPRESSLY RELEASES COMPANY FROM ANY SUCH CONTAMINANTS LIABILITIES. 14. Asbestos and Hazardous Materials. The Services expressly exclude any identification, abatement, cleanup, control, disposal, removal, or other work connected with asbestos polychlorinated biphenyl (“PCB”), or other hazardous materials (collectively, “Hazardous Materials”). Customer warrants and represents that there are no Hazardous Materials on the premises that will in any way affect Company’s performance, except as set forth in a writing signed by Company disclosing the existence and location of any Hazardous Materials in all areas within which Company will be performing. Should Company become aware of or suspect the presence of Hazardous Materials, Company may immediately stop work in the affected area and notify Customer. Customer will be responsible for correcting the condition in accordance with all applicable laws and regulations. Customer shall be exclusively responsible for and shall indemnify and hold harmless Company (including its employees, agents and subcontractors) from and against any loss, claim, liability, fees, penalties, injury (including death) or liability of any nature, and the payment thereof, arising out of or relating to any Hazardous Materials on or about the premises, not brought onto the premises by Company. Company shall be required to resume performance only in the absence of Hazardous Materials or when the affected area has been rendered harmless. In no event shall Company be obligated to transport or handle Hazardous Materials, provide any notices to any governmental agency, or examine the premises site for the presence of Hazardous Materials. 15. Insurance. Company agrees to maintain the following insurance during the term of this Agreement with limits not less than shown below and will, upon request from Customer, provide a Certificate of evidencing the following coverage: Commercial General Liability $2,000,000 per occurrence Automobile Liability $2,000,000 CSL Page 241 of 655 Diamond Bar MECH & BAS SA 2026-2027 Proposal ID: 8691047 Page 7 of 15 © 2026 Trane Technologies. All Rights Reserved. Confidential and Proprietary Information of Trane U.S. Inc. Workers’ Compensation Statutory Limits If Customer has requested to be named as an additional insured under Company’s insurance policy, Company will do so but only subject to Company’s manuscript additional insured endorsement under its primary Commercial General Liability policies. In no event does Company or its insurer waive rights of subrogation. 16. Force Majeure. Company’s duty to perform under this Agreement is contingent upon the non-occurrence of an Event of Force Majeure. If Company is unable to carry out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Co mpany’s election (i) remain in effect but Company’s obligations shall be suspended until the uncontrollable event terminates or (ii) be terminated upon 10 days’ notice to Customer, in which event Customer shall pay Company for all parts of the Services furnished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control of Company. Without limiting the foregoing, “Event of Force Majeure” includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; lightning; tornado; storm; fire; civil disobedience; pandemic; insurrections; riots; labor/labour disputes; labor/labour or material shortages from the usual sources of supply; sabotage; restraint by court order or public authority (whether valid or invalid), and action or non-action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Company; and the requirements of any applicable government in any manner that diverts either the material or the finished product to the direct or indirect benefit of the government. 17. Maintenance Services Other Than Solely Scheduled Service. If Company’s Maintenance Services hereunder are not limited solely to Scheduled Service, the following provisions shall also apply: (a) Required restoration shall be performed by Customer at its cost prior to Company being obligated to perform hereunder; (b) any changes, adjustments, service or repairs made to the Equipment by any party other than Company, unless approved by Company in writing, may, at Company’s option, terminate Company’s obligation to render further service to the Equipment so affected; in such case no refund of any portion of the Service Fees shall be made; and (c) Customer shall (i) promptly notify Company of any unusual performance of E quipment; (ii) permit only Company personnel to repair or adjust Equipment and/or controls during the Term or a Renewal Term; and (iii) utilize qualified personnel to properly operate the Equipment in accordance with the applicable operating manuals and recommended procedures. 18. General. Except as provided below, to the maximum extent provided by law, this Agreement is made and shall be interpreted and enforced in accordance with the laws of the state or province in which Company performs the Services. Any dispute arising under or relating to this Agreement shall be decided by litigation in a court of competent jurisdiction located in the state or province in which the Services are performed. To the extent the premises are owned and/or operated by any agency of the United States Federal Government, determination of any substantive issue of law shall be according to the United States Federal common law of Government contracts as enunciated and applied by United States Federal judicial bodies and boards of contract appeals of the United States Federal Government. This Agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the Services. If any term or condition of this Agreement is invalid, illegal or incapable of being enforced by any rule of law, all other Terms of this Agreement will nevertheless remain in full force and effect as long as the economic or legal substance of the transaction contemplated hereby is not affected in a manner adverse to any party hereto. Customer may not assign, transfer, or convey this Agreement, or any part hereof, without the written consent of Company. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties hereto and their permitted successors and assigns. This Agreement may be executed in several counterparts, each of which when executed shall be deemed to be an original, but all together shall constitute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original. Customer may not assign, transfer, or convey this Agreement, or any part hereof, or its right, title, or interest herein, without the written consent of Company. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties’ respective successors and assigns. No failure or delay by the Company in enforcing any right or exercising any remedy under this Agreement shall be deemed to be a waiver by the Company of any right or remedy. 19. Federal Requirements. The Parties shall comply with all United States federal labor law obligations under 29 CFR part 471, appendix A to subpart A. THE FOLLOWING PROVISIONS ARE INCORPORATED HEREIN BY REFERENCE: Executive Order 11701 and 41 CFR §§ 60-250.5(a), 60-300.5; Executive Order 11758 and 41 CFR § 60-741.5(a); U.S. immigration laws, including the L-1 Visa Reform Act of 2004 and the H-1B Visa Reform Act of 2004; and Executive Order 13496. The Parties shall abide by the requirements of 41 CFR 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to protected veteran status or disability. The Parties certify that they do not operate any programs promoting DEI that violate any applicable United States anti-discrimination laws and acknowledge and agree that their compliance with all applicable federal anti-discrimination laws is material to the federal government’s payment decisions. The Parties acknowledge and agree that their employment, procurement, and contracting practices shall not consider race, color, sex, sexual preference, religion, or national origin in ways that violate United States federal civil rights laws. 20. Export Laws. The obligation of Company to supply Equipment and/or Services under this Agreement is subject to the ability of Company to supply such items consistent with applicable laws and regulations of the United States and other governments. Company reserves the right to refuse to enter into or perform any order, and to cancel any order, under this Agreement if Company in its sole discretion determines that performance of the transaction to which such order relates would violate any such applicable law or regulation. Customer will pay all handling and other similar costs from Company’s factories including the costs of freight, insurance, export clearances, import duties and taxes. Customer will be “exporter of record” with respect to any export from the United States of America and will perform all compliance and logistics functions in connection therewith and will also comply with all applicable laws, rules, and regulations. Customer understands that Company and/or the Equipment and/or Services are subject to laws and regulations of the United States of America which may require licensing or authorization for and/or prohibit export, re-export or diversion of Company’s Equipment and/or Services to certain countries, and agrees it will not knowingly assist or participate in any such diversion or other violation of applicable United States of America laws and regulations. Customer agrees to hold harmless and indemnify Company for any damages resulting to Customer or Company from a breach of this paragraph by Customer. Furthermore, the Customer acknowledges that the Company’s Equipment are subject to export control and sanction laws and regulations, including but not limited to the U.S. Export Administration Regulations (EAR) (15 CFR 730-774) and the Foreign Asset Control Regulations (31 CFR 500) ("laws and regulations"). The Customer agrees to comply with all such laws and regulations. The Customer will not use or divert the Equipment for any prohibited end-uses, such as the proliferation of weapons of mass destruction. The Customer also agrees not to re-export or transfer the Equipment in violation of export control laws. 21. U.S. Government Services. The following provision applies only to direct sales by Company to the US Government. The Parties acknowledge that all items or services ordered and delivered under this Agreement are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In particular, Company agrees to be bound only by those Federal contracting clauses that apply to “commercial” suppliers and that are contained in FAR 52.212-5(e)(1). Company complies with 52.219-8 or 52.219-9 in its service and installation contracting business. The following provision applies only to indirect sales by Company to the US Government. As a Commercial Item Subcontractor, Company accepts only the following mandatory flow down provisions: 52.219-8; 52.222-26; 52.222-35; 52.222-36; 52.222-39; 52.247-64. If the Services are in connection with a U.S. Government contract, Customer certifies that it has provided and will provide current, accurate, and complete information, representations and certifications to all government officials, including but not limited to the contracting officer and officials of the Small Business Administration, on all matters related to the prime contract, including but not limited to all aspects of its ownership, eligibility, and performance. Anything herein notwithstanding, Company will have no obligations to Customer unless and until Customer provides Company with a true, correct, and complete executed copy of the prime contract. Upon request, Customer will provide copies to Company of all requested written communications with any government official related to the prime contract prior to or concurrent with the execution thereof, including but not limited to any communications related to Customer's ownership, eligibility or performance of the prime contract. Customer will obtain written authorization and approval from Company prior to providing any government official any information about Company's performanc e of the Services that are the subject of the Proposal or this Agreement, other than the Proposal or this Agreement. 22. Limited Waiver of Sovereign Immunity. If Customer is an Indian tribe (in the U.S.) or a First Nation or Band Council (in Canada), Customer, whether acting in its capacity as a government, governmental entity, a duly organized corporate entity or otherwise, for itself and f or its agents, successors, and assigns: (1) hereby provides this limited waiver or its sovereign immunity as to any damages, claims, lawsuit, or cause of action (her ein “Action”) brought against Customer by Company and arising or alleged to arise out of the furnishing by Company of any product or service under this Agreement, whether such Action is based in contract, tort, strict liability, civil liability or any other legal theory; (2) agrees that jurisdiction and venue for any such Action shall be proper and valid (a) if Customer is in the U.S., in any state or United States court located in the state in which Company is performing this Agreement or (b) if Customer is in Canada, in the superior court of the province or territory in which the work was performed; (3) expressly consents to such Action, and waives any objection to jurisdiction or venue: (4) waives any requirement of exhaustion of tribal court or administrative remedies for any Action arising out of or related to this Agreement; and (5) expressly acknowledges and agrees that Company is not subject to the jurisdiction of Customer’s tribal court or any similar tribal forum, that Customer will not bring any action against Company in tribal court, and that Customer will not avail itself of any ruling or direction of the tribal court permitting or directing Page 242 of 655 Diamond Bar MECH & BAS SA 2026-2027 Proposal ID: 8691047 Page 8 of 15 © 2026 Trane Technologies. All Rights Reserved. Confidential and Proprietary Information of Trane U.S. Inc. it to suspend its payment or other obligations under this Agreement. The individual signing on behalf of Customer warrants and represents that such individual is duly authorized to provide this waiver and enter into this Agreement and that this Agreement constitutes the valid and legally binding obligation of Customer, enforceable in accordance with its terms. SECURITY ADDENDUM This Addendum shall be applicable to the sale, installation and use of Trane equipment and the sale and provision of Trane services. “Trane” shall mean Trane U.S. Inc. for sales and services in the United States, or Trane Canada ULC for sales and services in Canada. 1. Definitions. All terms used in this Addendum shall have the meaning specified in the Agreement unless otherwise defined herein. For the purposes of this Addendum, the following terms are defined as follows: “Customer Data” means Customer account information as related to the Services only and does not include HVAC Machine Data or personal data. Trane does not require, nor shall Customer provide personal data to Trane under the Agreement. Such data is not required for Trane to provide its Equipment and/or Services to the Customer. “Equipment” shall have the meaning set forth in the Agreement. “HVAC Machine Data” means data generated and collected from the product or furnished service without manual entry. HVAC Machine Data is data relating to the physical measurements and operating conditions of a HVAC system, such as but not limited to, temperatures, hu midity, pressure, HVAC equipment status. HVAC Machine Data does not include Personal Data and, for the purposes of this agreement, the names of users of Trane’s controls products or hosted applications shall not be Personal Data, if any such user chooses to use his/her name(s) in the created accounts within the controls product (e.g., firstname.lastname@address.com). HVAC Machine Data may be used by Trane: (a) to provide better support services and/or products to users of its products and services; (b) to assess compliance with Trane terms and conditions; (c) for statistical or other analysis of the collective characteristics and behaviors of product and services users; (d) to backup user and other data or information and/or provide remote support and/or restoration; (e) to provide or undertake: engineering analysis; failure analysis; warranty analysis; energy analysis; predictive analysis; service analysis; product usage analysis; and/or other desirable analysis, including, but not limited to, histories or trends of any of the foregoing; and (f) to otherwise understand and respond to the needs of users of the product or furnished service. “Personal Data” means data and/or information that is owned or controlled by Customer, and that names or identifies, or is about a natural person, such as: (i) data that is explicitly defined as a regulated category of data under any data privacy laws applicable to Customer; (ii) non-public personal information (“NPI”) or personal information (“PI”), such as national identification number, passport number, social security number, social insurance number, or driver’s license number; (iii) health or medical information, such as insurance information, medical prognosis, diagnosis information, or genetic information; (iv) financial information, such as a policy number, credit card number, and/or bank account number; (v) personally identifying technical information (whether transmitted or stored in c ookies, devices, or otherwise), such as IP address, MAC address, device identifier, International Mobile Equipment Identifier (“IMEI”), or advertising identifier; (vi) biometric information; and/or (vii) sensitive personal data, such as, race, religion, marital status, disability, gender, sexual orient ation, geolocation, or mother’s maiden name. “Security Incident” shall refer to (i) a compromise of any network, system, application or data in which Customer Data has been accessed or acquired by an unauthorized third party; (ii) any situation where Trane reasonably suspects that such compromise may have occurred; or (iii) any actual or reasonably suspected unauthorized or illegal Processing, loss, use, disclosure or acquisition of or access to any Customer Data. “Services” shall have the meaning set forth in the Agreement. 2. HVAC Machine Data; Access to Customer Extranet and Third -Party Systems. If Customer grants Trane access to HVAC Machine Data via web portals or other non-public websites or extranet services on Customer’s or a third party’s website or system (each, an “Extranet”), Trane will com ply with the following: a. Accounts. Trane will ensure that Trane’s personnel use only the Extranet account(s) designated by Customer and will require Trane personnel to keep their access credentials confidential. b. Systems. Trane will access the Extranet only through computing or processing systems or applications running operating systems managed by Trane that include: (i) system network firewalls; (ii) centralized patch management; (iii) operating system appropriate anti-malware software; and (iv) for portable devices, full disk encryption. c. Restrictions. Unless otherwise approved by Customer in writing, Trane will not download, mirror, or permanently store any HVAC Machine Data from any Extranet on any medium, including any machines, devices, or servers. d. Account Termination. Trane will terminate the account of each of Trane’s personnel in accordance with Trane’s standard practices after any specific Trane personnel who has been authorized to access any Extranet (1) no longer needs access to HVAC Machine Data or (2) no longer qualifies as Trane personnel (e.g., the individual leaves Trane’s employment). e. Third-Party Systems. Trane will provide Customer prior notice before it uses any third-party system that stores or may otherwise have access to HVAC Machine Data, unless (1) the data is encrypted and (2) the third -party system will not have access to the decryption key or unencrypted “plain text” versions of the HVAC Machine Data. 3. Customer Data; Confidentiality. Trane shall keep confidential, and shall not access or use any Customer Data and information that is marked confidential or by its nature is considered confidential (“Customer Confidential Information”) other than for the purpose of providing the Equipment and Services, and will disclose Customer Confidential Information only: (i) to Trane’s employees and agents who have a need to know to perform the Services, (ii) as expressly permitted or instructed by Customer, or (iii) to the minimum extent required to comply with applicable law, provided that Trane (1) provides Customer with prompt written notice prior to any such disclosure, and (2) reasonably cooperate with Customer to limit or prevent such disclosure. 4. Customer Data; Compliance with Laws. Trane agrees to comply with laws, regulations governmental requirements and industry standards and practices relating to Trane’s processing of Customer Confidential Information (collectively, “Laws”). 5. Customer Data; Information Security Management. Trane agrees to establish and maintain an information security and privacy program, consistent with applicable HVAC equipment industry practices that complies with this Addendum and applicable Laws (“Information Security Program”). The Information Security Program shall include appropriate physical, technical and administrative safeguards, including any safeguards and controls ag reed by the Parties in writing, sufficient to protect Customer systems, and Customer’s Confidential Information from unauthorized access, destruction, use, modification, or disclosure. The Information Security Program shall include appropriate, ongoing training and awareness programs designed to ensure that Trane’s employees and agents, and others acting on Trane’s, behalf are aware of and comply with the Information Security Program’s policies, procedures, and protocols. 6. Monitoring. Trane shall monitor and, at regular intervals consistent with HVAC equipment industry practices, test and evaluate the effectiveness of its Information Security Program. Trane shall evaluate and promptly adjust its Information Security Program in light of the results of the testing and monitoring, any material changes to its operations or business arrangements, or any other facts or circumstances that Trane knows or reasonably Page 243 of 655 Diamond Bar MECH & BAS SA 2026-2027 Proposal ID: 8691047 Page 9 of 15 © 2026 Trane Technologies. All Rights Reserved. Confidential and Proprietary Information of Trane U.S. Inc. should know may have a material impact on the security of Customer Confidential Information, Customer systems and Customer property. 7. Audits. Customer acknowledges and agrees that the Trane SOC2 audit report will be used to satisfy any and all audit/inspection reques ts/requirements by or on behalf of Customer. Trane will make its SOC2 audit report available to Customer upon request and with a signed nondisclosure agreement. 8. Information Security Contact. Trane’s information security contact is Local Sales Office. 9. Security Incident Management. Trane shall notify Customer after the confirmation of a Security Incident that affects Customer Confidential Information, Customer systems, and Customer property. The written notice shall summarize the nature and scope of the Security Incident and the corrective action already taken or planned. 10. Threat and Vulnerability Management. Trane regularly performs vulnerability scans and addresses detected vulnerabilities on a risk basis. Periodically, Trane engages third parties to perform network vulnerability assessments and penetration testing. Vulnerabilities will be reported in accordance with Trane’s cybersecurity vulnerability reported process. Trane periodically provides security updates and software upgrades. 11. Security Training and Awareness. New employees are required to complete security training as part of the new hire process and receive annual and targeted training (as needed and appropriate to their role) thereafter to help maintain compliance with Security Policies, as well as other corporate policies, such as the Trane Code of Conduct. This includes requiring Trane employees to annually re-acknowledge the Code of Conduct and other Trane policies as appropriate. Trane conducts periodic security awareness campaigns to educate personnel about their responsibilities and provide guidance to create and maintain a secure workplace. 12. Secure Disposal Policies. Trane will maintain policies, processes, and procedures regarding the disposal of tangible and intangible property containing Customer Confidential Information so that wherever possible, Customer Confidential Information cannot be practicably read or reconstructed. 13. Logical Access Controls- Trane employs internal monitoring and logging technology to help detect and prevent unauthorized access attempts to Trane’s corporate networks and production systems. Trane’s monitoring includes a review of changes affecting systems’ handling authentication, authorization, and auditing, and privileged access to Trane production systems. Trane uses the principle of “least privilege” (meaning acces s denied unless specifically granted) for access to customer data. 14. Contingency Planning/Disaster Recovery. Trane will implement policies and procedures required to respond to an emergency or other occurrence (i.e., fire, vandalism, system failure, natural disaster) that could damage Customer Data or any system that contains Customer Data. Procedures include the following: a. Data backups; and b. Formal disaster recovery plan. Such disaster recovery plan is tested at least annually. 15. Return of Customer Data. If Trane is responsible for storing or receiving Customer Data, Trane shall, at Customer’s sole discretion, deliver Customer Data to Customer in its preferred format within a commercially reasonable period of time following the expiration or earlier termination of the Agreement or, such earlier time as Customer requests, securely destroy or render unreadable or undecipherable each and every original and copy in every media of all Customer’s Data in Trane’s possession, custody or control no later than [90 days] after receipt of Customer’s written instructions directing Trane to delete the Customer Data. 16. Background Checks. Trane shall take reasonable steps to ensure the reliability of its employees or other personnel having access to the Customer Data, including the conducting of appropriate background and/or verification checks in accordance with Trane policies. 17. DISCLAIMER OF WARRANTIES. EXCEPT FOR ANY APPLICABLE WARRANTIES IN THE AGREEMENT, THE SERVICES ARE PROVIDED "AS IS", WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT AS TO SUCH SERVICES SHALL BE WITH CUSTOMER. TRANE DISCLAIMS ANY AND ALL OTHER EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICES AND THE SERVICES PROVIDED HEREUNDER, INCLUDING ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SERVICES WILL OPERATE ERROR-FREE OR UNINTERRUPTED OR RETURN/RESPONSE TO INQUIRIES WITHIN ANY SPECIFIC PERIOD OF TIME. March 2026 Page 244 of 655 Diamond Bar MECH & BAS SA 2026-2027 Proposal ID: 8691047 Page 10 of 15 © 2026 Trane Technologies. All Rights Reserved. Confidential and Proprietary Information of Trane U.S. Inc. Service 1: AMAZON HVAC OPTION 1 (2 PMs) SCOPE OF WORK (EXCLUD Description • Condensate Inspection • Condenser Fan Check • Check Fan and Motor • Electrical Inspection • Unitary Visual Equipment Inspection Service 2: Autonomous Control Setup Description • Create User Account • Equipment Standardization • Modify Graphic for Customer Lockout Service 3: Software Upgrade and Renew SMP License Description • Get SMP License for Customer • BAS Operational Check is Everything Working/Communicating as Expected • Apply New SMP License • Software Upgrade Service 4: Boiler Annual Maintenance Description • Water Boiler Maintenance Safety Check • Shut Down Boiler • Drain Boiler • Boiler Internal Cleaning Natural Gas, Propane, Oil (Commercial and Industrial) • Boiler Internal Inspection Natural Gas/Propane/Oil (Commercial and Industrial) • External Cleaning for Natural Gas/Propane Water Boiler (Commercial and Industrial) • Burner Safety Inspection for Natural Gas/Propane Water Boilers (Commercial and Industrial) • Thermo Shock • Boiler External Inspection for Water Boilers (Commercial and Industrial) (Natural Gas/Propane) Service 5: Connected Controls - Operating Inspection - Onsite Description • Technician Check In - Technician checks in with customer to discuss scope of work for that day and any customer concerns or information. • Hardening Report - Technician runs cybersecurity hardening report for the system controller(s). • Alarm Routing - Technician checks that existing alarm routing configuration is correct and that alarms are routing to correct people within organization as appropriate. • Device Communication Check - Technician checks device communication links, analyzes for communication failures or intermittent communication, and captures current state. • User Access Review - Technician reviews list of users with access to the BAS/BMS/Trane Connect and captures current state. • User Override Report - Technician runs a user override report to determine what overrides are currently in place for the system. • Building Schedule and Area Review - Technician reviews current building schedules and captures current state. • Alarm Log Review - Technician reviews alarm log and captures current status. • Building Analytics - Technician reviews building analytics to ensure design operation of systems and identify any operational anomalies based on what analytics are reporting. • Service Advisories - Technician runs Exception History Report and documents their findings. • Additional Item Identification - Technician identifies items that require further investigation and provides quotes as needed. • Document Findings in Trane Connect - Technician captures any findings and uploads into Trane Connect for customer visibility. • Finalize Field Report - Technician documents work in customer field report. • Checkout with Customer - Technician discusses work with customer and discusses any next steps that they recommend. Service 6: Intellipak Rooftop Annual (Cooling Start Up) Description • Unitary Visual Equipment Inspection • Lock Out Tag Out Page 245 of 655 Diamond Bar MECH & BAS SA 2026-2027 Proposal ID: 8691047 Page 11 of 15 © 2026 Trane Technologies. All Rights Reserved. Confidential and Proprietary Information of Trane U.S. Inc. • Supply Fan Inspection-IPAK/VOY • Power Exhaust Fan Inspection (Intellipak) • Evaporator Coil Cleaning (Intellipak Severe Build Up) • Evaporator Coil Cleaning (Intellipak) • Filter Inspection And Change (Intellipak) • Condensate Drip Pan Treatment • Condenser Coil Cleaning No Back Flush (Intellipak) • Meg Compressor Motor - IPAK/VOY • Meg Supply Fan Without VFD • Meg Power Exhaust Without VFD • Electrical Inspection • Remove Lock Out Tag Out and Restore Power • Check Damper (Intellipak) • Start Up Condenser Fan Check (Per Fan) • Start Up Seasonal Cooling • Manual Log With Electronic Device Service 7: Intellipak Rooftop Annual (Cooling Start Up) Description • Unitary Visual Equipment Inspection • Lock Out Tag Out • Supply Fan Inspection-IPAK/VOY • Supply Fan Variable Frequency Drive Maintenance - IPAK/VOY/PRE/AH • Power Exhaust Fan Inspection (Intellipak) • Exhaust Fan Variable Frequency Drive Maintenance - IPAK/VOY/PRE • Condenser Coil Cleaning With Back Flush(Intellipak) • Meg Compressor Motor - IPAK/VOY • Meg Supply Fan With VFD • Meg Exhaust Fan With VFD • Electrical Inspection • Remove Lock Out Tag Out and Restore Power • Check Damper (Intellipak) • Start Up Condenser Fan Check (Per Fan) • Start Up Seasonal Cooling • Manual Log With Electronic Device Service 8: Intellipak Rooftop Quarterly Inspection Description • Unitary Visual Equipment Inspection • Lock Out Tag Out • Supply Fan Inspection-IPAK/VOY • Power Exhaust Fan Inspection (Intellipak) • Condensate Drip Pan Treatment • Remove Lock Out Tag Out and Restore Power • Check Damper (Intellipak) • Manual Log With Electronic Device Service 9: Intellipak Rooftop Quarterly Inspection Description • Unitary Visual Equipment Inspection • Lock Out Tag Out • Supply Fan Inspection-IPAK/VOY • Supply Fan Variable Frequency Drive Maintenance - IPAK/VOY/PRE/AH • Power Exhaust Fan Inspection (Intellipak) • Exhaust Fan Variable Frequency Drive Maintenance - IPAK/VOY/PRE • Condensate Drip Pan Treatment • Electrical Inspection • Remove Lock Out Tag Out and Restore Power • Check Damper (Intellipak) • Manual Log With Electronic Device Service 10: IS Customer Consultation Preperation and Meeting Description Page 246 of 655 Diamond Bar MECH & BAS SA 2026-2027 Proposal ID: 8691047 Page 12 of 15 © 2026 Trane Technologies. All Rights Reserved. Confidential and Proprietary Information of Trane U.S. Inc. • Attend Account Strategy Meeting (Internal) • Create Customer Consult Report Creation (Internal) • Attend External Customer Consultation Meeting • Consultation Debrief Meeting (Internal) Service 11: Mini Split Semi Annual Description • Clean Air Filter • Check Electrical Connections (Indoor Unit) • Check Electrical Connections (Outdoor Unit) • VISUALLY CHECK THE UNIT FOR LEAKS Service 12: Outdoor Air Handler Cooling Pre-Season Annual Maintenance Description • Unitary Visual Equipment Inspection • Supply Fan and Motor Inspection (Belt Driven) • Electrical Inspection (Air Handler NTP) • Log Unit (NTP Air Handler) Service 13: Split System Air Handler Cooling Pre-Season Annual Maintenance (Includes Condenser) Description • Customer Notification • Unitary Visual Equipment Inspection • Filter Inspection and Change (Generic) • Supply Fan and Motor Inspection (Direct Drive) • Replace Belt(s) on Supply Fan (Per Fan) • Generic Meg (One) Fan Motor • Condensate Drip Pan Inspection and Treatment • Electrical Inspection (Air Handler NTP) • Log Unit (NTP Air Handler) • Lock Out Tag Out Condenser • Leak Test Inspection (Commercial Condensing Unit) • Condenser Coil Check (Generic) • Coil Cleaning Water (Applied) • Condenser Physical (One) Fan Check (Generic Condensing Unit) • Remove Motor Wiring and Meg Compressor Motor Generic • Electrical Inspection (Light Commercial Condensing Unit) • Log Unit (NTP Cooling) Service 14: Outdoor Air Handler Quarterly Maintenance Description • Unitary Visual Equipment Inspection Service 15: Split System Air Handler Quarterly Maintenance (Includes Condenser) Description • Customer Notification • Unitary Visual Equipment Inspection • Supply Fan and Motor Inspection (Direct Drive) • Replace Belt(s) on Supply Fan (Per Fan) • Filter Inspection and Change (Generic) • Condensate Drip Pan Inspection and Treatment • Electrical Inspection (Air Handler NTP) • Log Unit (NTP Air Handler) • Generic Check Delta T • Lock Out Tag Out Condenser • Leak Test Inspection (Commercial Condensing Unit) • Condenser Coil Check (Generic) • Coil Cleaning Water (Applied) • Condenser Physical (One) Fan Check (Generic Condensing Unit) • Remove Motor Wiring and Meg Compressor Motor Generic • Electrical Inspection (Light Commercial Condensing Unit) • Log Unit (NTP Cooling) Page 247 of 655 Diamond Bar MECH & BAS SA 2026-2027 Proposal ID: 8691047 Page 13 of 15 © 2026 Trane Technologies. All Rights Reserved. Confidential and Proprietary Information of Trane U.S. Inc. Service 16: Odyssey Cooling Pre-Season Annual Start Up Description • Unitary Visual Equipment Inspection • Supply Fan Inspection Including LOTO • Bearing Lubrication • Filter Inspection And Change • Condenser Coil Cleaning (Light Commercial) • Meg Supply Fan Without VFD • Meg Compressor Motor • Electrical Inspection • Condenser Fan Check (Odyssey) • Start Up Seasonal Cooling Service 17: Odyssey Cooling Pre-Season Annual Start Up Description • Unitary Visual Equipment Inspection • Supply Fan Inspection Including LOTO • Bearing Lubrication • Evaporator Coil Cleaning • Filter Inspection And Change • Condensate Drip Pan Treatment • Condenser Coil Cleaning (Light Commercial) • Meg Supply Fan Without VFD • Meg Compressor Motor • Electrical Inspection • Condenser Fan Check (Odyssey) • Start Up Seasonal Cooling Service 18: Odyssey Quarterly Inspection Description • Unitary Visual Equipment Inspection • Supply Fan Inspection Including LOTO • Filter Inspection And Change • Log Unit (Unitary) Service 19: Physical BAS Site Inspection Description • BAS Physical Site Inspection Service 20: Precedent Pre-Season Annual Start Up Description • Unitary Visual Equipment Inspection • Supply Fan Inspection Including LOTO • Bearing Lubrication • Check Damper • Condensate Drip Pan Treatment • Meg Supply Fan Without VFD • Meg Compressor Motor • Electrical Inspection • Condenser Fan Check (Unitary) • Start Up Seasonal Cooling • Inspect Reversing Valve • Unitary Verify Oil Level Service 21: Precedent Quarterly Inspection Description • Unitary Visual Equipment Inspection • Supply Fan Inspection Including LOTO • Log Unit (Unitary) Service 22: Annual Pump Maintenance Description • Customer Notification • Initial Site Inspection Page 248 of 655 Diamond Bar MECH & BAS SA 2026-2027 Proposal ID: 8691047 Page 14 of 15 © 2026 Trane Technologies. All Rights Reserved. Confidential and Proprietary Information of Trane U.S. Inc. • Lock Out Tag Out Pumps • Pump Maintenance • Remove Lock Out Tag Out • Adjust Packing Seal • Remove Lock Out Tag Out • Log Pump Service 23: Voyager Cooling Pre-Season Annual Start Up Description • Unitary Visual Equipment Inspection • Verify Line Voltage • Lock Out Tag Out (Standard) • Supply Fan Inspection-IPAK/VOY • Remove Access Panels or Open Access Doors • Meg Supply Fan Without VFD • Meg Compressor Motor - IPAK/VOY • Electrical Inspection • Filter Inspection And Change • Reinstall Access Panels or Close Access Doors • Condenser Coil Cleaning (Light Commercial) • Remove Lock Out Tag Out • Check Economizer Damper-VOY/PRE • Pre-Start Check- VOY/PRE • Start Up Condenser Fan Check (Per Fan) • Cooling Check-VOY • Manual Log With Electronic Device • Return Unit to Normal Operation Service 24: Voyager Quarterly Inspection Description • Unitary Visual Equipment Inspection • Verify Line Voltage • Lock Out Tag Out (Standard) • Supply Fan Inspection-IPAK/VOY • Remove Access Panels or Open Access Doors • Electrical Inspection • Filter Inspection And Change • Reinstall Access Panels or Close Access Doors • Remove Lock Out Tag Out • Check Economizer Damper-VOY/PRE • Pre-Start Check- VOY/PRE • Start Up Condenser Fan Check (Per Fan) • Cooling Check-VOY • Manual Log With Electronic Device • Return Unit to Normal Operation Service 25: Wall Mounted Ductless Indoor Unit Annual Inspection Description • Lock Out Tag Out (Standard) • Check Electrical Connections (Indoor Unit) • Clean Condensate Drain Pan/Pipe • Leak Test Inspection • Remove Lock Out Tag Out and Restore Power • Verify Incoming Voltages • Verify Operating Voltages • Measure Amperage of Motor • Log Unit and Operation Check • Check Controller Operation • Recommend Wireless Remote-Control Batteries Service 26: Wall Mounted Ductless Indoor Unit Quarterly Inspection Description • Visual Inspection for Abnormality, Damage and Missing Hardware Page 249 of 655 Diamond Bar MECH & BAS SA 2026-2027 Proposal ID: 8691047 Page 15 of 15 © 2026 Trane Technologies. All Rights Reserved. Confidential and Proprietary Information of Trane U.S. Inc. • Evaporator Coil Check (Generic) • Clean Condensate Drain Pan/Pipe Page 250 of 655 Agenda Item #: 6.16 Meeting Date: June 16, 2026 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager SUBJECT: Second Amendment to Maintenance Services Agreement with EcoFert, Inc. STRATEGIC GOAL: Safe, Sustainable and Healthy Community RECOMMENDATION: Approve, and authorize the City Manager to sign, the Second Amendment to the Maintenance Services Agreement with EcoFert, Inc. for landscape fertilizer services through June 30, 2027. FINANCIAL IMPACT: The annual not-to-exceed amount of the proposed Second Amendment to the Original Agreement for Fiscal Year 2026/27 is $16,000, including the vendor’s request for a CPI increase of 3.6%. Sufficient funds are included in Fiscal Year 2026/27 Operating Budget to cover the cost of such services. BACKGROUND: EcoFert, Inc., managed by Public Works Maintenance, has been providing fertilizer injection system services, through their proprietary fertilizer injection equipment, which is installed at Pantera Park and Lorbeer Middle School. The fertilizer injection systems at both locations have been in service for a number of years and have helped to provide consistent, durable turf and vegetation for recreational use, by providing balanced nutrients to the vegetation and promoting strong root systems. ANALYSIS: Over the past years, EcoFert’s performance has met the City’s expectations. This satisfactory performance is evident in the operation of the equipment and the increased durability of the turf at Pantera Park and Lorbeer Middle School. Based upon the past success of this program, it is recommended to continue this service at both Pantera Park and Lorbeer Middle School. LEGAL REVIEW: The City Attorney has reviewed and approved the Amendment to Agreement as to form. PREPARED BY: Page 251 of 655 Agenda Item #: 6.16 Meeting Date: June 16, 2026 Angie Hernandez, Administrative Coordinator, Public Works ATTACHMENTS: 1. Second Amendment to Maintenance Services Agreement -EcoFert, Inc. Page 252 of 655 1450826.1 SECOND AMENDMENT TO MAINTENANCE SERVICES AGREEMENT This Second Amendment to Maintenance Services Agreement (“First Amendment”) is made and entered into as of June 16, 2026, by and between the City of Diamond Bar, a municipal corporation (“City”), and EcoFert, Inc. (herein referred to as the “Contractor”) with reference to the following: A. The City and the Contractor entered into that certain Maintenance Services Agreement dated as of July 19, 2022, which is incorporated herein by this reference (the “Original Agreement”); and B. The City and the Contractor entered into that certain First Amendment dated as of June 17, 2025, which is incorporated herein by this reference and are along with the Original Agreement, collectively referred to herein as the "Agreement"; and C. The City and the Contractor desire to amend the Original Agreement to modify, amend and supplement certain portions thereof. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Term. The Term of the Original Agreement as set forth in Section 2 therein is from July 19, 2022 to June 30, 2025. The First Amendment extended the term through June 30, 2026. This Second Amendment extends the Term up to and including June 30, 2027. 3. Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement was the sum of forty-five thousand seven hundred eighty dollars ($45,780). The First Amendment increased the annual compensation to provide for a 3.1% CPI increase of one thousand four hundred nineteen dollars and 18/100 cents ($1,419.18), for a total not-to-exceed amount of ($15,219) in fiscal year 2025-2026. Section 3 of the Original Agreement is hereby amended to provide for a 3.6% CPI increase of one thousand six hundred ninety-nine dollars and 17/100 cents ($1,699.17) for a not-to-exceed amount of sixteen thousand ($16,000) in fiscal year 2026-2027 without the prior authorization of the City. 4. Integration. This Second Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all prior negotiations between the parties with respect hereto. This Second Amendment amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Second Amendment and Page 253 of 655 Page 254 of 655 Agenda Item #: 6.17 Meeting Date: June 16, 2026 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager SUBJECT: Ninth Amendment to Maintenance Services Agreement with Exterior Products Corporation. STRATEGIC GOAL: Safe, Sustainable and Healthy Community RECOMMENDATION: Approve, and authorize the City Manager to sign, the Nineth Amendment to the Maintenance Services Agreement with Exterior Products Corporation for Exterior Decor & Lighting Maintenance through June 30, 2027. FINANCIAL IMPACT: The total not-to-exceed amount of the Agreement for Fiscal Year 2026/27 would be $190,000. Adequate funds are included in the Fiscal Year 2026/27 Public Works and Parks & Recreation Operating Budgets to cover the cost of such services. BACKGROUND: Exterior Products has been providing exceptional service and support to the City for over 18 years, starting with the military & special event banner programs. In March of 2016, the City and Exterior Products entered into the current services agreement, which, over time, has been amended to include the following programs and services: · Military Banners · Special Event Banners · USA Flags on Grand Ave. · Lighting Maintenance & Electrical services · Holiday Décor & Windmill Holiday Display (Banners & City Hall) ANALYSIS: During the preparation of the 2026/27 fiscal year operating budget, staff started negotiations with Exterior Products to secure the most competitive pricing for the services they provide. Through this process, staff was able to negotiate a line-item increase for labor of 3.6% (CPI). Page 255 of 655 Agenda Item #: 6.17 Meeting Date: June 16, 2026 LEGAL REVIEW: The City Attorney has reviewed and approved the Agreement as to form. PREPARED BY: Jason Williams, Maintenance Supervisor, Public Works ATTACHMENTS: 1. Ninth Amendment to Maintenance Services Agreement with Exterior Products Page 256 of 655 1496333.1 NINTH AMENDMENT TO VENDOR SERVICES AGREEMENT This Ninth Amendment to Vendor Services Agreement (“Seventh Amendment”) is made and entered into as of June 16, 2026, by and between the City of Diamond Bar, a municipal corporation (“City”), and Exterior Products Corporation, a California corporation (herein referred to as the “Contractor”) with reference to the following: A. The City and the Contractor entered into that certain Vendor Services Agreement dated as of March 1, 2016, which is incorporated herein by this reference (the “Original Agreement”); and B. The City and the Contractor entered into the First Amendment dated as of August 21, 2018, Second Amendment dated as of June 18, 2019, Third Amendment dated as of June 16, 2020, Fourth Amendment as of June 15, 2021, Fifth Amendment as of June 21, 2022, Sixth Amendment as of July 20, 2023, Seventh Amendment as July 18, 2024, Eighth Amendment as of June 10, 2025, which are incorporated herein by this reference (“First, Second, Third, Fourth, Fifth, Sixth, Seventh & Eighth Amendment”), which First, Second, Third, Fourth, Fifth, Sixth, Seventh & Eighth Amendments and Original Agreement collectively are referred to herein as the "Agreement"; C. The City and the Contractor desire to amend the Agreement as provided herein. NOW, THEREFORE, the parties agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Reserved. 3. Term. The Term of the Original Agreement as set forth in Section 2 therein is from February 16, 2016 to June 30, 2019. The Second Amendment extended the Term up to and including June 30, 2020. The Third Amendments extended the Term up to and including June 30, 2021. The Fourth Amendments extended the Term up to and including June 30, 2022. The Fifth Amendments extended the Term up to and including June 30, 2023. The Sixth Amendment extended the Term up to and including June 30, 2024. The Seventh Amendment extended the Term up to and including June 30, 2025. The Eighth Amendment extended the Term up to and including June 30, 2026.This Ninth Amendment shall extend the Term up to and including June 30, 2026. 4. Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement, was the sum of Fifty Thousand Dollars ($50,000) per fiscal year. The First Amendment amended Section 3 of the Original Agreement to provide for a total not-to- exceed compensation in the sum of One Hundred Fifteen Thousand Nine Hundred Dollars 115,900) per fiscal year. The Second Amendment amended Section 3 of the Original Agreement to provide for a total not-to-exceed compensation in the sum of Fifty-Eight Docusign Envelope ID: A32120EF-2A5C-83E3-80F0-22A846FF2B0C Page 257 of 655 1496333.1 Thousand Nine Hundred Dollars ($58,900) for fiscal year 2019-2020. The Third Amendment amended of the Original Agreement to provide for a total not-to-exceed compensation in the sum of Fifty-Nine Thousand Dollars ($59,000) for fiscal year 2020-2021. The Fourth Amendment amended of the Original Agreement to provide for a total not-to-exceed compensation in the sum of Fifty-Nine Thousand Dollars ($59,000) for fiscal year 2021-2022. The Fifth Amendment amended the Original Agreement to provide for a total not-to-exceed compensation in the sum of One Hundred Fifty Thousand Dollars ($150,000) for the 2022-23 fiscal year. The Sixth Amendment amended the Original Agreement to provide for a total not- to-exceed compensation in the sum of one hundred eighty-two thousand six hundred dollar 182,600) for the 2023-24 fiscal year. The Seventh Amendment amended Section 3 to provide for a total not-to-exceed compensation in the sum of One Hundred Eighty-two Thousand Six Hundred Dollars ($182,600) for the 2024-25 fiscal year (July 1, 2024 – June 30, 2025). The Eighth Amendment amended Section 3 to provide for a total not-to-exceed compensation in the sum of One Hundred Ninety Thousand Dollars ($190,000) for the 2025-26 fiscal year (July 1, 2025 – June 30, 2026). Section 3 is hereby amended to provide for a total not-to-exceed compensation in the sum of One Hundred Ninety Thousand Dollars 190,00.00) for the 2026-27 fiscal year (July 1, 2026 – June 30, 2027) without the prior written authorization of the City. 5. Integration. This Ninth Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all prior negotiations between the parties with respect hereto. This Ninth Amendment amends, as set forth herein, the Agreement and except as specifically amended hereby, the Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Ninth Amendment and the terms and provisions of the Agreement, the terms and provisions of this Ninth Amendment shall control. IN WITNESS hereof, the parties enter into this Ninth Amendment on the year and day first above written. SIGNATURES FOLLOW ON THE NEXT PAGE} Docusign Envelope ID: A32120EF-2A5C-83E3-80F0-22A846FF2B0C Page 258 of 655 1496333.1 CONTRACTOR” “CITY” Exterior Products Corporation City of Diamond Bar By: By: Printed Name: Jeff “JR” Rovinsky Dan Fox, City Manager Title: President By: ATTEST: Printed Name: Title: Kristina Santana, City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorney NOTE: If Contractor is a corporation, the City requires the following signature(s): 1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. Docusign Envelope ID: A32120EF-2A5C-83E3-80F0-22A846FF2B0C 5/28/2026 Page 259 of 655 Agenda Item #: 6.18 Meeting Date: June 16, 2026 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager SUBJECT: Fourth Amendment to Road Maintenance Services Agreement with CT&T Concrete Paving, Inc. STRATEGIC GOAL: Safe, Sustainable and Healthy Community RECOMMENDATION: Approve, and authorize the City Manager to sign, the Fourth Amendment to the Road Maintenance Services Agreement with CT&T Concrete Paving, Inc. through June 30, 2027. FINANCIAL IMPACT: The annual not-to-exceed contract amount in this Fourth Amendment is $890,000 for FY 2026/27. Sufficient funds are included in the FY 2026/27 Operating Budget to cover the cost of such services. BACKGROUND: On June 21, 2022, the City Council approved the one (1) year contract (Original Agreement) with the option to approve up to six (6) extensions, in increments of no less than one year, upon successfully demonstrating exemplary work performance for road maintenance services with CT&T Concrete Paving Inc. (CT&T). Overall, CT&T’s performance has met the City’s expectations. Therefore, a Fourth Amendment is proposed to extend the Agreement term through June 30, 2027. Pursuant to the Agreement, a 3.6% CPI increase was negotiated and applied to the unit prices in the Agreement. ANALYSIS: Consistent with the Agreement, the scope of work includes maintenance of asphalt concrete pavement, concrete sidewalks, parking lots, roadway markings, storm drains, parkway drains, block walls, and emergency call-outs. The work will be directed by PW Maintenance on an as-needed basis within the budgeted resources available. The work is based on unit prices, and CT&T will be paid for the actual quantity of each line item performed as measured in the field during construction. Each unit price includes all labor, material, equipment, overhead, and profit attributable to that scope of work. LEGAL REVIEW: Page 260 of 655 Agenda Item #: 6.18 Meeting Date: June 16, 2026 The City Attorney has reviewed and approved the Agreement as to form. PREPARED BY: Angie Hernandez, Administrative Coordinator, Public Works ATTACHMENTS: 1. Fourth Amendment to Maintenance Services with CT&T Page 261 of 655 1450826.1 FOURTH AMENDMENT TO MAINTENANCE SERVICES AGREEMENT This Fourth Amendment to Maintenance Services Agreement (“Fourth Amendment”) is made and entered into as of June 16, 2026, by and between the City of Diamond Bar, a municipal corporation (“City”), and CT&T Concrete Paving Inc. (herein referred to as the Contractor”) with reference to the following: A. The City and the Contractor entered into that certain Maintenance Services Agreement dated as of June 21, 2022, which is incorporated herein by this reference (the Original Agreement”); and B. The City and the Contractor entered into the First Amendment dated as of - June 30, 2023, Second Amendment dated as of June 18, 2024, Third Amendment dated as of June 17, 2025, which are incorporated herein by this reference (“First, Second & Third Amendment”), which First, Second & Third Amendments and Original Agreement collectively are referred to herein as (the "Agreement"); and C. The City and the Contractor desire to amend the Agreement as provided herein. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Term. The term of the Original Agreement as set forth in Section 2 therein is from June 21, 2022 to June 30, 2023. The First Amendment extended the term through June 30, 2024. The Second Amendment extended the term through June 30, 2025.The Third Amendment extended the term through June 30, 2026. This Fourth Amendment extends the term up to and including June 30, 2027. 3. Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement was in the sum of six hundred thousand Dollars ($600,000) per fiscal year. The First Amendment was in the amount not to exceed eight hundred ten thousand ($810,000) for fiscal year 2023-2024. The second amendment was in the amount not to exceed nine hundred fifty-five thousand ($955,000) in fiscal year 2024-2025. The third amendment was in the amount of eight hundred ninety thousand ($890,000) in fiscal year 2025-2026. Section 3 of the Agreement is hereby amended so that the total not-to- exceed compensation, as amended by this Fourth Amendment shall not exceed eight hundred ninety thousand dollars ($890,000) for fiscal year July 1, 2026 through June 30, 2027 without the prior authorization of the City. Docusign Envelope ID: 25BDFDA7-C53C-8774-803C-28D35CED45FB Page 262 of 655 5. Integration. This Fourth Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This Fourth Amendment amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Fourth Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this Fourth Amendment shall control. IN WITNESS hereof, the parties enter into this Fourth Amendment on the year and day first above written. CONTRACTOR” “CITY” CT&T Concrete Paving Inc. CITY OF DIAMOND BAR By: By: Printed Name: Jose Carvajal Dan Fox, City Manager Title: _President___________________ By: ATTEST: Printed Name: Jackie Carvajal Title: Treasurer Kristina Santana, City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorney NOTE: If Contractor is a corporation, the City requires the following signature(s): 1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. Docusign Envelope ID: 25BDFDA7-C53C-8774-803C-28D35CED45FB 5/28/2026 5/28/2026 5/28/2026 Page 263 of 655 Exhibit A – Compensation Schedule FY26/27 CT&T Concrete Paving, Inc.) Docusign Envelope ID: 25BDFDA7-C53C-8774-803C-28D35CED45FB Page 264 of 655 FY 2026-27 3.6% Increase Request ROAD MAINTENANCE SERVICES COMPENSATION BASE BID SCHEDULE ITEM NO WORK ACTIVITIES UNIT EST. ANNUAL QTY UNIT PRICE ROAD MAINTENANCE AC PAVEMENT 1 4” AC SURFACE R&R SF 3,000 ($11.07) 2 6” AC SURFACE R&R SF 2,000 ($16.88) 3 8” AC SURFACE R&R SF 5,000 ($17.14) 4 AC SKIN PATCH SF 5000 ($4.00) 5 1 ½” MILL GRIND & OVERLAY SF 10,000 ($4.28) 6 2” MILL GRIND & OVERLAY SF 10,000 ($4.91) 7 2 ½” MILL GRIND & OVERLAY SF 10,000 ($5.94) 8 SAW CUT LF 1,000 ($2.29) 9 ADJUST MANHOLE EA 50 ($1,598.57) ROAD MAINTENANCE PCC 10 4” PCC SIDEWALK/DRIVEWAY/FLATWORK R&R SF 20,000 ($17.69) 11 6” PCC SIDEWALK/DRIVEWAY/FLATWORK R&R SF 10,000 ($20.21) 12 6” PCC DRIVEWAY SPPWC STD PLAN 110-2 TYPE A & B R&R SF 2,000 ($21.58) 13 6” PCC DRIVEWAY SPPWC STD PLAN 110-2 TYPE C R&R SF 2,000 ($ 21.58) 14 CURB & GUTTER R&R w/ 1’ AC Pavement Slot LF 1,000 ($73.08) 15 6” A-CURB R&R LF 500 ($52.51) 16 8” A-CURB R&R LF 500 ($54.23) 17 SIDEWALK AC PATCH (RAMPING)SF 1,000 ($19.40) 18 SIDEWALK GRINDING LF 3,000 ($19.23) 19 REMOVE EXISTING CONDITIONS & INSTALL CURB RAMPS SPPWC STD PLAN 111-5 TYPE 1-6 CASE A EA 10 ($ 5,937.54) 20 REMOVE EXISTING CONDITIONS & INSTALL CURB RAMPS SPPWC STD PLAN 111-5 TYPE 1-2 CASE B EA 10 ($5,937.54) 21 3”Concrete V-DITCH 44”W x L R&R LF 500 ($24.54) 22 8” CROSS GUTTER 6’w x L SPPWC STD PLAN 122-2 LF 1000 ($22.83) Bid Schedule Note: Item # 10-22 may require additional concrete to fill in low spots and some tree roots removal. Contractors should take in consideration when pricing. ROAD MAINTENANCE SERVICES COMPENSATION BASE BID SCHEDULE ITEM NO STORM DRAIN WORK ACTIVITIES UNIT SERVICE CALLS PER YEAR UNIT PRICE 1 JETTER/VAC – STORM DRAIN CLEANING 12”-36” PIPE HOURLY 4 - 6 ($557.21) 2 CCTV STORM DRAIN LINES HOURLY 4 - 6 ($557.21) EXHIBIT “B” ROAD MAINTENANCE SERVICES COMPENSATION OPTION BID SCHEDULE ITEM NO WORK ACTIVITIES CALTRAN S STD PLANS UNIT EST. ANNUAL QTY UNIT PRICE ROAD MARKINGS PAINT 1 18’ ARROW TYPE I EA 25 $65.08 2 24’ ARROW TYPE I EA 15 $96.48 Docusign Envelope ID: 25BDFDA7-C53C-8774-803C-28D35CED45FB Page 265 of 655 3 10’ ARROW TYPE I EA 25 $36.82 4 (L)/(R) 8’ ARROW TYPE IV EA 100 $44.70 5 (L)/(R) 18’ ARROW TYPE VI EA 25 $97.62 6 5’ BIKE LANE ARROW ---------------EA 50 $21.35 7 15’ LEFT/STRAIGHT/RIGHT ARROW TYPE VIII EA 25 $95.28 8 13’ (L) OR (R) STRAIGHT ARROW TYPE VII EA 15 $82.79 9 RAILROAD CROSSING SYMBOL ---------------EA 2 $114.19 10 8’ LETTER ---------------EA 1,000 $16.31 11 4’ LETTER ---------------EA 100 $13.13 12 12” LIMIT LINE (STOP LINE)---------------LF 5,000 $2.00 13 TYPE A AND TYPE AY PLASTIC MARKER ---------------EA 1,000 $4.57 14 TYPE A AND TYPE AY PLASTIC MARKER ---------------EA 1,000 $4.57 15 TYPE C AND TYPE D MARKER ---------------EA 500 $4.57 16 TYPE G AND TYPE H MARKER ---------------EA 500 $4.57 17 SANDBLAST ROAD MARKINGS ---------------SF 5,000 $2.49 18 SANDBLAST PAINTED CURBS ---------------LF 5,000 $7.80 19 ROAD MARKINGS THERMOPLASTIC 20 CHANNELIZING LINE DETAIL 38A LF 5,000 $1.14 21 BIKE LANE LINE DETAIL 39 LF 15,000 $0.68 22 INTERSECTION LINE BIKE LANE DEATIL 39A LF 5,000 $0.46 23 LANE LINE EXTENSIONS THRU INT DETAIL 40 41 LF 2,000 $0.18 24 18’ ARROW TYPE I EA 25 $75.36 25 24’ ARROW TYPE I EA 15 $95.05 26 10’ ARROW TYPE I EA 25 $43.11 27 (L)/(R) 8’ ARROW TYPE IV EA 100 $45.50 28 (L)/(R) 18’ ARROW TYPE VI EA 25 $119.90 29 5’ BIKE LANE ARROW ---------------EA 50 $21.27 30 15’ LEFT/STRAIGHT/RIGHT ARROW TYPE VIII EA 25 $110.76 31 13’ (L) OR (R) STRAIGHT ARROW TYPE VII EA 15 $82.22 32 RAILROAD CROSSING SYMBOL ---------------EA 2 $182.70 33 8’ LETTER ---------------EA 1,000 $23.11 34 4’ LETTER ---------------EA 100 $16.32 35 12” LIMIT LINE (STOP LINE)---------------LF 5,000 $2.57 36 MACHINE THERMALPLASTIC REMOVAL ---------------SF 5,000 $2.71 EXHIBIT “B” ROAD MAINTENANCE SERVICES COMPENSATION SCHEDULE LABOR RATES LABOR RATES PER HOUR REGULAR HOUR RATE OVERTIME HOURRATESUPERINTENDENT$108.54 $162.80 SUPERVISOR $108.54 $162.80 FOREMAN $127.36 $158.37 HEAVY EQUIPMENT OPERATOR $127.36 $158.37 10 WHEEL DUMP TRUCK OPERATOR $105.21 $134.01 MASON $108.54 $138.44 ASPHALT RAKER $108.54 $138.44 LABORER $101.89 $132.68 WALK BEHIND SAW OPERATOR $107.43 $137.99 EQUIPMENT WITH OPRATOR RATES EQUIPMENT WITH OPERATOR REGULAR HOURLY RATE OVERTIME HOUR RATE BACKHOE $204.89 $307.33 SKIDSTEER LOADER $204.89 $307.33 10 WHEEL DUMP TRUCK $143.98 $215.96 Docusign Envelope ID: 25BDFDA7-C53C-8774-803C-28D35CED45FB Page 266 of 655 WATER TRUCK $160.59 $240.88 SKIP LOADER $160.59 $300.69 CONSTRUCTION SWEEPER WITH SIDE AND REAR BRUSHES $188.28 $ 282.41 WALK BEHIND SAW MACHINE $171.66 $257.49 SIDEWALK-GRINDER/CONCRETE SCARIFIER $171.66 $257.49 EQUIPMENT RATES EQUIPMENT RATES HOURLY RATE WEEKLY RATE MONTHLY RATE PORTABLE AIR COMPRESSOR $38.73 $987.89 $1,653.50 PORTABLE ARROWBOARD $20.47 $293.49 $830.63 PORTABLE WATER TRAILER $31.09 $872.71 $1,537.21 PICKUP TRUCK $55.33 $886.00 $1,971.35 VIBRATING COMPACTION ROLLER $57.54 $1,652.39 $4,236.19 BACKHOE $65.29 $1,794.15 $4,651.51 SKIDSTEER LOADER $52.01 $1,495.13 $3,737.82 10 WHEEL DUMP TRUCK $65.29 $1,893.83 $4,568.45 CONTRACTOR WORK TRUCK $88.52 $1,218.25 $2,990.25 WATER TRUCK $57.54 $1,827.38 $4,153.13 SKIP LOADER $57.54 $1,827.38 $4,319.26 CONSTRUCTION SWEEPER WITH SIDE AND REAR BRUSHES 132.79 $3,765.51 $5,759.01 WALK BEHIND SAW MACHINE $57.54 $1,594.80 $3,737.82 PORTABLE CHANGEABLE MESSAGE SIGN $38.73 $825.09 $1,661.25 PORTABLE ARROWBOARD $20.47 $293.49 $830.63 Docusign Envelope ID: 25BDFDA7-C53C-8774-803C-28D35CED45FB Page 267 of 655 Agenda Item #: 6.19 Meeting Date: June 16, 2026 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager SUBJECT: Maintenance Services Agreement with MCE Corporation for Landscape Services in Lighting Landscape Assessment Districts 38, 39-2022, and 41-2021. STRATEGIC GOAL: Safe, Sustainable and Healthy Community RECOMMENDATION: Approve, and authorize the City Manager, to sign the Maintenance Services Agreement with MCE Corporation through June 30, 2030. FINANCIAL IMPACT: The not-to-exceed amount set forth in the Maintenance Services Agreement for Fiscal Year 2026/27 will be $785,000 and will increase by the amount negotiated between the City and the Contractor each fiscal year throughout the term of this agreement, but at no point exceed 3% per fiscal year. Sufficient funds are included in the Fiscal Year 2026/27 Operating Budget to cover the cost of such services. Funding will be requested in the operating budget for the future fiscal years. In addition, the City will have the option to extend the agreement for up to three (3) additional years, with an increase of no more than the March-to-March Consumer Price Index (CPI) for each fiscal year. BACKGROUND: On June 30, 2026, the current landscape maintenance agreement for Landscape Assessment Districts (LLADs) 38, 39-2022, and 41-2021 with MCE Corporation will expire. Prior to the expiration, staff determined that the RFP (Request for Proposals) process would provide the City with the best opportunity to receive comprehensive proposals from prospective contractors. Additionally, the proposals would provide the City with a good indication of current market rates for landscape services within each LLAD. In preparation for the RFP process, staff updated the maintenance specifications for each of the LLADs — 38, 39-2022, and 41-2021. As each LLAD is unique, three separate specifications were developed to ensure that each area would receive the necessary services at a level supported by the assessments received. Under the current contract (expiring on 6/30/26), all three (3) LLADs were operating at reduced service levels because funding at the time the contract was executed was inadequate and was being subsidized by the City’s General Fund. Page 268 of 655 Agenda Item #: 6.19 Meeting Date: June 16, 2026 In 2021 and 2022, LLAD 41 & 39 successfully underwent Prop 218 processes, increasing the assessments received. As a result, the specifications for LLAD 39-2022 & 41-2021 have been updated to reflect full-service levels. In addition, funding to cover the full-service levels in 39-2022 & 41-2021 has been included in the operating budgets for both districts. As part of the 26/27 fiscal year budget process, and in light of the structural deficit, a decision was made to reduce the subsidy in District 38 to a minimum level, further reducing the service levels in this area. In November 2025, three (3) RFPs were advertised for landscape services, one for each of the separate LLADs. ANALYSIS: In January 2026, the City received individual responses to all three RFPs. • LLAD 38 received 5 responsive proposals and 7 nonresponsive proposals. • With the responsive proposals ranging from $224,015 to 306,458 annually. • LLAD 39-2022 received 6 responsive proposals and 4 nonresponsive proposals. • With the responsive proposals ranging from $303,960 to $433,200 annually. • LLAD 41-2021 received 3 responsive proposals and 6 nonresponsive proposals. • With the responsive proposals ranging from $224,244 to $358,800 annually. Proposals that were determined to be nonresponsive, either lacked required documentation or did not demonstrate an ability to meet all aspects of the specifications. After careful review of the responsive proposals received for all 3 RFPs, it was determined that MCE Corporation had provided the proposal demonstrating the best understanding of each district's unique needs and the most comprehensive approach. After the evaluation process and the determination by staff that MCE was the most responsible proposer, staff was able to begin negotiating terms with MCE. To avoid “bid shopping”, negotiations are only held with the proposer deemed to be the most responsible. After the negotiations, a 3% decrease from the original proposal was achieved for LLAD 39-2022, and a 22% decrease for LLAD 41-2021. For LLAD 38, the City's budgetary restrictions on district subsidies included a 26% decrease in the district's overall operating budget for FY26/27 compared to the current fiscal year. Staff began the negotiation process by identifying areas of the specifications for LLAD 38 that could be reduced below full-service levels and worked with MCE to decrease their original proposal by 52%. As a result, the service intervals will be reduced to monthly in this area, in lieu of the weekly to biweekly for routine tasks identified in the specifications for full- service. If funding becomes available at a later date, the service levels may be brought to full-service as per the specifications in the RFP for LLAD 38 based on the original proposal submitted by MCE. The following is a contract cost breakdown for each district: Page 269 of 655 Agenda Item #: 6.19 Meeting Date: June 16, 2026 LLAD38 LLAD39 LLAD41 Annual Contract Services Per District $145,000.00 $330,000.00 $225,000.00 Annual As Needed Per District $25,000.00 $35,000.00 $25,000.00 Totals $170,000.00 $365,000.00 $250,000.00 Not-To-Exceed for FY 2026/27 $785,000.00 LEGAL REVIEW: The City Attorney has reviewed and approved the Agreement as to form. PREPARED BY: Jason Williams, Maintenance Supervisor, Public Works ATTACHMENTS: 1. Maintenance Services Agreement with MCE Page 270 of 655 1715351.1 MAINTENANCE SERVICES AGREEMENT THIS AGREEMENT (the "Agreement") is made as of June 16, 2026 by and between the City of Diamond Bar, a municipal corporation ("City") and MCE Corporation. ("Contractor"). 1. Contractor's Services. Subject to the terms and conditions set forth in this Agreement Contractor shall provide to the reasonable satisfaction of the City the landscape services for LLMD 38, 39 & 41 set forth in the attached Exhibit " A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Contractor represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. Jason Williams, Maintenance Supervisor (herein referred to as the “City’s Project Manager”), shall be the person to whom the Contractor will report for the performance of services hereunder. It is understood that Contractor shall coordinate its services hereunder with the City’s Project Manager to the extent required by the City’s Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the City’s Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect July 1, 2026, and shall continue until June 30, 2030 (“Term), unless earlier terminated pursuant to the provisions herein and will be subject to an increase in compensation negotiated between the City and the Contractor, but in no event shall the increase exceed the amount of the Consumer Price Index ("CPI") for the Los Angeles-Long Beach-Anaheim metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") as reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. Any exercise of an option to extend the Term/and/or increase in compensation, negotiated or based upon CPI, shall be subject to approval of the City Manager. The City shall have the option to extend this Agreement for up to three (3) additional years subject to the same terms and conditions contained herein, by giving Contractor written notice of the exercise of this option at least thirty (30) days prior to the expiration of the initial Term. In the event the City exercises its option to extend the Term, Contractor's compensation shall be subject to an adjustment upon the effective date of extension as follows: Any increase in compensation will be negotiated between the City and the Contractor, but in no event shall the increase exceed the amount that the Consumer Price Index ("CPI") for the Los Angeles-Long Beach-Anaheim metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") as reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. Any exercise of an option to extend the Term/and/or increase in compensation, negotiated or based upon CPI, shall be subject to approval of the City Council. Page 271 of 655 1715351.1 3. Compensation. City agrees to compensate Contractor for each service which Contractor performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Contractor pursuant to this Agreement shall not exceed Seven Hundred Eighty-Five thousand dollars ($785,000) for fiscal year 26/27 without the prior written consent of the City, and shall increase by the amount negotiated between the City and the Contractor each fiscal year through the term of this agreement, but at no point exceed 3% per fiscal year. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel, and all related expenses. 4. Payment. A. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent, and any extra work performed. C. City will pay Contractor the amount invoiced the City will pay Contractor the amount properly invoiced within 35 days of receipt. D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Contractor. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. In the event of any inconsistency between the Agreement and the attached exhibits, the following order of precedence shall apply: (a) This Agreement; (b) The city’s request for Proposal, dated November 11, 2025 (Exhibit "B"); and (c) Consultant’s Letter dated May 29, 2026 (Exhibit "C"). 7. Status as Independent Contractor. A. 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 act on behalf of City as an agent, except as specifically provided herein. Neither City nor any of its 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, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. Page 272 of 655 1715351.1 B. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency or the Public Employee Retirement System regarding the independent contractor status of Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor or its employees, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Contractor shall fully comply with Workers' Compensation laws regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable Worker's Compensation laws. D. Contractor shall, at Contractor’s sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Contractor’s failure to comply with this Section. 8. Standard of Performance. Contractor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Worker’s Compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s contractor’s employees arising out of Contractor’s work under this Agreement; and (2) Any and all claims arising out of Contractor's performance of or failure to perform work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation Page 273 of 655 1715351.1 reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third-party indemnification rights of any kind. 10. Insurance. A. Prior to performance of work under this Agreement and at all times during the term of this Agreement Contractor shall carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) automotive liability insurance written on an occurrence basis covering all owned, non-owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; and (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. B. The City, its officers, employees, agents and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non- renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce, or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement and shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. E. Contractor shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a Page 274 of 655 1715351.1 copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Contractor (as the named insured) should Contractor fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Contractor understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Contractor as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Contractor’s due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Contractor for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Contractor, which amounts may be deducted from any payments due Contractor. I. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11. Confidentiality. Contractor in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Contractor covenants that 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 written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Contractor prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Contractor's prior written consent, use the same for other unrelated projects. 12. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its offices during normal business Page 275 of 655 1715351.1 hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 13. Conflict of Interest. A. 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 if its services hereunder. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Contract covenants not to give or receive any compensation, monetary or otherwise, to or from the vendor(s) of hardware or software to City as a result of the performance of this Agreement. Contractors covenant under this section shall survive the termination of this Agreement. 14. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Contractor. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following mailing of the notice. In the event of such termination, City agrees to pay Contractor for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Contractor shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 15. Personnel. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Contractor or under it 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. 16. Prevailing Wage. Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21810 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of Page 276 of 655 1715351.1 wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. The Contractor and any of its subcontractors must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the award of a contract for a public work on any public works project awarded after April 1, 2015. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 17. Non-Discrimination and Equal Employment Opportunity. A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. 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 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. C. 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. 18. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work. 19. Delays and Extensions of Time. Contractor's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Contractor’s control. If Contractor believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Contractor be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 20. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 21. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. Page 277 of 655 1715351.1 22. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. 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. 23. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 24. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. “CONTRACTOR” “CITY” MCE Corporation City of Diamond Bar 1495 W Ninth Street 21810 Copley Drive Upland CA 91786 Diamond Bar, CA 91765-4178 Attn.: Manny Pavloudakis Attn.: Jason Williams Phone: (909) 973-7162 Phone: (909) 839-7059 E-Mail: manny@mce-corp.com E-mail: jwilliams@diamondbarca.gov 25. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 26. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 27. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. Page 278 of 655 1715351.1 Signatures follow on the next page IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Contractor" "City" MCE Corporation City of Diamond Bar By: ______ By: ____ Printed Name: Jeffrey Core Dan Fox, City Manager Title: President/ CEO By: ATTEST: Printed Name: Vince Cudia Title: Director of Operations- Maintenance Kristina Santana, City Clerk Approved as to form: By: ____ Omar Sandoval, City Attorney State of California "Contractor's" License No. 439295. Contractor's Business Phone: (925) 803-4111. Emergency Phone: (909) 973-7162 at which Contractor can be reached at any time. *NOTE: If Contractor is a corporation, the City requires the following signature(s): -- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. Page 279 of 655 Exhibit A – Scope of Services Page 280 of 655 City of Diamond Bar LLMD Maintenance Exhibit A Specifications for the Maintenance of: Lighting and Landscape Maintenance Districts Page 281 of 655 City of Diamond Bar L.L.M.D. SP 1 LLMD Maintenance SPECIFICATIONS FOR THE PROVISION OF LANDSCAPE AND APPURTENANT MAINTENANCE SERVICES FOR SPECIAL LANDSCAPE MAINTENANCE DISTRICTS 1. SCOPE OF THE WORK AND CONTRACT 1.01 The work to be done under these specifications shall include the furnishing of all labor, material and equipment necessary for the provision of landscape and appurtenant maintenance services as set forth in these specifications including the exhibits attached hereto within the boundaries of the Special Districts and as said boundaries may have been heretofore or may be hereafter altered. 1.02 The foregoing work shall be done in a thorough and workmanlike manner under the direction and to the satisfaction of the Maintenance Superintendent of the Public Works Department. The premises shall be maintained at the level of service provided for in these specifications at all times. 1.03 The Contractor shall have the exclusive duty, right and privilege to mow, edge, trim, overseed, reseed, fertilize, aerate, irrigate, hand water and bleed valves as necessary during emergencies when automatic systems are not functioning, prune, trim, and renovate turf and shrub areas designated hereunder, as well as to provide weed control, disease control, tree maintenance within the District, maintenance of sprinkler systems including backflow prevention devices, repair of walkways, pumps and the necessary maintenance of any appurtenant structures and equipment. 1.04 In return for the exclusiveness of said Contract and the other considerations provided for herein, the Contractor agrees to provide the landscape and appurtenant maintenance services within said District without any further compensation except as otherwise specifically provided for in the contract and/or specifications. 1.05 The Contractor shall not work or perform any operations, particularly during periods of inclement weather, which may destroy or damage plant, groundcover or turf areas. 1.06 The Contractor shall, during the specified hours and days of operation, respond to all emergencies within two (2) hours of notification. 1.07 The Contractor shall perform a maintenance inspection weekly during daylight hours of all areas within the premises. Such inspection shall be both visual and operational. It, shall include operation of all irrigation, lighting and other mechanical systems to check for proper condition and reliability. 1.08 The term Maintenance Superintendent as used in these specifications shall mean Maintenance Superintendent of the Public Works Department Page 282 of 655 City of Diamond Bar L.L.M.D. SP 2 LLMD Maintenance or his authorized representative(s). 2. AREAS TO BE MAINTAINED 2.01 There are hiking trails, medians, parkway panels, cul-de-sac islands, village greens, adjacent roadway slopes, open space lots, linear greenbelts, passes, fire protection slope areas, gate entry areas, creek beds, semi-natural, and natural areas with turf, plants, trees, and ground cover which are irrigated by manual and/or an electrically controlled automatic systems. 2.02 Surface drains (“V ditches) in the natural areas of the District are included as an area to be maintained by the contractor under these specifications. 2.03 An identification of the areas to be maintained is provided in Exhibit A attached to these specifications. 2.04 The bidder, before submitting his bid, shall visit all existing areas to be maintained and inform himself fully as to all conditions that might affect the work specified. 2.05 Estimated square footage by district is provided for all areas to be maintained on the attached Exhibit A. However, it is the responsibility of the Contractor to verify by inspection and to observe the various slope characteristics. 3. CERTIFICATIONS/REPORTS 3.01 Certification Contractor shall complete the attached Landscape Maintenance certification form designated Exhibit B and shall submit same to Maintenance Superintendent concurrent with the monthly invoicing. The monthly payment to the Contractor will not be made until such report has been received by the Maintenance Superintendent. 3.02 In addition, when applicable, Contractor shall submit with the monthly invoice and Landscape Maintenance certification form, a report indicating, for those specialty type maintenance operations completed, the quantity and complete description of all commercial and organic fertilizer, grass seed and soil amendments used and a valid licensed California Pest Control Advisor’s recommendation and copies of corresponding pesticide use report signed by a licensed California Pest Control Operator for all chemical disease and pest control work performed. 3.03 Maintenance Function Report Contractor shall maintain and keep current a report form that records all on going, Seasonal, and Additional Work, maintenance functions performed on a daily basis, by Contractor’s personnel. Said report shall be in a form and content acceptable to the Maintenance Superintendent and Page 283 of 655 City of Diamond Bar L.L.M.D. SP 3 LLMD Maintenance shall be submitted to Maintenance Superintendent concurrent with the monthly invoicing. The monthly payment will not be made until such report is received by the Maintenance Superintendent. 4. ADDITIONAL WORK 4.01 The Maintenance Superintendent may at his discretion authorize the Contractor to perform additional work, in accordance with the provisions of the contract including but not limited to, repairs and replacements when the need for such work arises out of extraordinary incidents such as vandalism, Acts of God, and third party negligence; or improvements in order to add new, modify existing or to refurbish existing landscaping and irrigation systems as provided for in the contract authorizing the provision of those services. 4.02 Prior to performing any additional work, the Contractor shall prepare and submit a written description of the work with an estimate of labor and materials. No work shall commence without the written authorization from the Project Manager or designee. Notwithstanding the above authorization, when a condition exists wherein there is imminent danger of injury to the public or damage to property, the Maintenance Superintendent May verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. However, within twenty- four (24) hours after receiving a verbal authorization, the Contractor shall submit a written estimate to the Maintenance Superintendent for approval. 4.03 All additional work shall commence on the specified date established and Contractor shall proceed diligently to complete said work within the time allotted. 4.04 Contractor may also be requested to provide casual labor services for City Special Events, City emergencies or for other events and activities as approved by the Maintenance Superintendent. 5. CONTRACTOR’S LIABILITY 5.01 All damages incurred to existing improvements located within areas under maintenance which in the City’s opinion are due to the Contractor’s operation shall be repaired or replaced at the Contractor’s expense. 5.02 All such repairs or replacements shall be completed within the following time limits. a. Irrigation damage shall be repaired or replaced within one watering cycle. b. All damages to shrubs, trees, turf or groundcover shall be repaired or replaced within five (5) working days. Page 284 of 655 City of Diamond Bar L.L.M.D. SP 4 LLMD Maintenance 5.03 All repairs and/or replacements shall be completed in accordance with the following maintenance practices. a. Trees - Minor damage such as bark lost from impact of mowing equipment shall be remedied by a qualified tree surgeon or arborist. - If damage results in loss of a tree, the damaged tree shall be removed and replaced to comply with the specific instructions of Maintenance Superintendent. b. Shrubs - Minor damage may be corrected by appropriate pruning. - Major damage shall be corrected by removal of the damaged shrub and replacement to comply with the provisions in Section 18 of these Specifications. c. Chemicals - All damage resulting from chemical operation, either spray-drift or lateral-leaching, shall be corrected in accordance with the aforementioned maintenance practices and the soil conditioned to ensure its ability to support plant life. 6. INTERPRETATION OF THE MAINTENANCE SPECIFICATIONS 6.01 Should any misunderstanding arise; the Maintenance Superintendent will interpret the Agreement. If the Contractor disagrees with the interpretation of the Maintenance Superintendent, he shall continue with the work in accordance with the Maintenance Superintendent’s interpretation. Within thirty (30) days after receipt of the interpretation, he may file a written request for a hearing before a Disputes Review Panel as provided herein. The written request shall outline in detail the area of dispute. 6.02 The Disputes Review Panel will be appointed by the Maintenance Superintendent and will be composed of not less than three non-city personnel having experience in the administration of Landscape maintenance contracts. The panel will convene within one (1) week of appointment in order to hear all matters related to the dispute. The hearing will be informal and formal rules of evidence will not apply. The Panel will submit its recommendation to the Maintenance Superintendent, for his consideration, within one (1) week following the conclusion of the hearing. The Maintenance Superintendent shall render an interpretation based upon his review of the Panel’s recommendation. The Maintenance Superintendent’s decision shall be final. 7. OFFICE OF INQUIRIES AND COMPLAINTS 7.01 The Contractor shall maintain an office at some fixed place and shall maintain a telephone there at, listed in the telephone directory in his own name or in the firm name by which he is most commonly known, and shall, at all times, have some responsible person (s), employed by the Contractor, to take the necessary action regarding all inquiries and Page 285 of 655 City of Diamond Bar L.L.M.D. SP 5 LLMD Maintenance complaints that may be received from property owners and tenants within said District or from the Maintenance Superintendent. This person(s) shall be reachable 24 hours per day. An answering service shall be considered an acceptable substitute to full time coverage, provided Contractor is advised of the complaint within one (1) hour of receipt of complaint by the answering service. The telephone of said Contractor shall be on the exchange or exchanges of said District(s) or a toll-free number, and in no case shall the people of said District(s) be required to pay a toll charge to telephone said Contractor. During normal working hours, the Contractor’s Foreman or employee of the Contractor, who is responsible for providing maintenance services shall be available for notification through telephone communication. 7.02 Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, City may, after reasonable attempt to notify the Contractor cause such action to be taken by the City work force and shall charge the cost thereof as determined by the Maintenance Superintendent, against the Contractor, or may deduct such cost from any amount due to Contractor from City. 7.03 The Contractor shall maintain a written log of all complaints, the date and time thereof and the action taken pursuant thereto or the reason for non- action. The log of complaints shall be open to the inspection of the Maintenance Superintendent at all reasonable times. 7.04 All complaints shall be abated as soon as possible after notification; but in all cases within 24 hours, to the satisfaction of the Maintenance Superintendent. If any complaint is not abated within 24 hours, the Maintenance Superintendent shall be notified immediately of the reason for not abating the complaint followed by a written report to the Maintenance Superintendent within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Maintenance Superintendent, the Maintenance Superintendent may correct the specific complaint and the total cost incurred by the City will be deducted and forfeited from the payments owing to the Contractor from the City. 8. SAFETY 8.01 Contractor agrees to perform all work outlined in these specifications in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all local, County, State or other legal requirements including but not limited to, full compliance with the terms of the applicable O.S.H.A., CAL. O.S.H.A. and NIOSHA Safety orders at all times so as to protect all persons, including Contractor’s employees, agents of the City, vendors, members of the public or others from foreseeable injury, or damage to their property. Contractor shall inspect all potential hazards at said areas Page 286 of 655 City of Diamond Bar L.L.M.D. SP 6 LLMD Maintenance under maintenance and keep a log indicating date inspected and action taken. 8.02 It shall be the Contractors responsibility to inspect, and identify, any conditions that renders any portion of the areas under maintenance unsafe, as well as any unsafe practices occurring thereon. The Maintenance Superintendent shall be notified immediately of any unsafe condition that requires major correction. Contractor shall be responsible for making minor corrections, including but not limited to, filling holes in turf areas and paving, replacing valve box covers, and securing play apparatus, if any, so as to protect members of the public or others from injury. Contractor shall cooperate fully with City in the investigation of any accidental injury or death occurring on the premises, including a complete written report thereof to the Maintenance Superintendent within five (5) days following the occurrence. 9. HOURS AND DAYS OF MAINTENANCE SERVICE 9.01 Hours of maintenance service shall be either 6:00 a.m. to 2:30 p.m. or 6:30 a.m. to 3:00 p.m. on those days’ maintenance is to be provided for a Special District pursuant to the work schedule approved in advance by the Maintenance Superintendent. 9.02 Contractor shall provide on-site staffing at the prescribed hours five (5) days per week, Monday through Friday at the Special Districts indicated on the work schedules approved in advance by the Maintenance Superintendent. Contractor shall provide on-site staffing at the prescribed hours seven (7) days per week, Sunday through Saturday at all park sites. Any changes in the days and hours of operation heretofore prescribed shall be subject to prior written approval by the Maintenance Superintendent. 9.03 Per State of California Labor Code, Contractor is directed to the following prescribed requirement with respect to the hours of employment. Eight (8) hours of labor under this Agreement shall constitute a legal day’s work and said Contractor shall not require or permit any laborer, worker or mechanic, or any subcontractor employed by him to perform any of the work described herein to labor more than eight (8) hours during any one day or more than forty (40) hours during any one calendar week, except as authorized by Labor Code Section 1815, under penalty of paying to the City the sum of Twenty-five Dollars ($25.00) for each laborer, worker or mechanic employed in the execution of said Agreement by him, or any subcontractor under him, upon any of the work included in said Agreement for each calendar day during which such laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in any one calendar day or forty (40) hours in any one calendar week, in violation of the provision of Section 1811 to 1815, inclusive, of the Labor Code of the State of California. Page 287 of 655 City of Diamond Bar L.L.M.D. SP 7 LLMD Maintenance 10. MAINTENANCE SCHEDULES 10.01 Contractor shall provide a work schedule for the Districts to be maintained which shall be submitted to the Maintenance Superintendent within ten (10) days after the effective date of this Agreement for his approval. 10.02 The Contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the Maintenance Superintendent within five (5) working days prior to scheduled time for the work. 10.03 The above provisions are not construed to eliminate the Contractor’s responsibility in complying with the requirement to notify the Maintenance Superintendent for Specialty Type maintenance as set forth immediately hereinafter. 10.04 Contractor shall notify the Maintenance Superintendent, in writing, at least two (2) weeks prior to the date and time of all “Specialty Type” maintenance operations, “Specialty Type” operations are defined as: a. Fertilization b. Turf aerification c. Turf renovation/verticutting d. Turf reseeding e. Spraying of trees, shrubs or turf f. Pruning trees and shrubs g. Other items as determined by the Parks and Maintenance Superintendent Said “Specialty Type” maintenance services shall be performed in compliance with an approved specialized maintenance program prepared by Contractor. Failure to complete special services in accord with the schedules set forth in the specialized maintenance program will result in the Contractor becoming liable to the City for liquidated damages ($100 per day) without written notice commencing automatically upon the first day following the final date such work was to be completed. 11. CONTRACTOR’S STAFF 11.01 The Contractor shall provide sufficient personnel to perform all work in accordance with the specifications set forth herein. All of the Contractor’s maintenance personnel shall be supervised by a qualified, English speaking, Foreman in the employ of the Contractor. 11.02 Contractor shall transfer or discharge any employee whose conduct or activity shall, in the reasonable exercise of discretion by the Maintenance Superintendent, be deemed detrimental to the interest of the public patronizing the premises. Contractor shall transfer or discharge any such person within a reasonable time following notice therefore from the Page 288 of 655 City of Diamond Bar L.L.M.D. SP 8 LLMD Maintenance Maintenance Superintendent and such person shall not be employed at any other City District area of maintenance contracted for and maintained by, the Contractor. 11.03 Maintenance Superintendent may require the Contractor to establish an identification system for personnel assigned to an area of maintenance which clearly indicates to the public the name of the Contractor responsible for the landscape and appurtenant maintenance services. The identification system shall be furnished at the Contractor’s expense and may include appropriate attire and/or name badges as specified by the Maintenance Superintendent. 11.04 The Contractor shall require each of his employees to adhere to basic public works standards of working attire. These are basically; uniforms, proper shoes and other gear required by State Safety Regulations, and proper wearing of the clothing. Shirts, shall be worn at all times and buttoned. 12. SIGNS/IMPROVEMENTS 12.01 Contractor shall not post signs or advertising matter upon the areas under maintenance or improvements thereon, unless prior written approval therefore is obtained from the Maintenance Superintendent. 13. UTILITIES 13.01 The City shall pay for all utilities. However, water usage shall not exceed amount required to comply with irrigation schedules established by the Contractor and approved by the Maintenance Superintendent. Contractor shall pay for all excessive utility usage due to Contractor’s failure to monitor irrigation system malfunctions or unauthorized increases in the frequency of irrigation. The excess cost will be determined by comparing current usage with historical usage for the same time period. The excess cost factor, to be deducted from payments to Contractor from City will be presented to the Contractor by the Maintenance Superintendent prior to actual deduction to allow for explanations. 14. NON-lNTERFERENCE 14.01 Contractor shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed. 15. STORAGE FACILITIES 15.01 City shall not provide any storage facilities for the Contractor. 16. TURF CARE Page 289 of 655 City of Diamond Bar L.L.M.D. SP 9 LLMD Maintenance 16.01 The Contractor shall perform at his sole expense the following services: a. Mowing - Turf to be mowed with an adequately sharpened rotary or reel type mower, equipped with rollers, to ensure a smooth surface appearance without scalping. All warm season grasses (Bermuda, St. Augustine, and Kikuyu) to be cut at a 1-inch height throughout the year. All cool season grasses (Blue Grass and Fescues) to be cut at 2 1/2 inches during April through November and at 2 inches during December to March of each year. The mowing heights will be adjusted by the Maintenance Superintendent during periods of renovation. All grass clippings will be collected and removed from the site on the same day the area is mowed. Notwithstanding the previous statements, use of a mulching type mower that deposits finely ground clippings in place is authorized and encouraged (large clumps of clippings must be removed). A mowing schedule will be established and maintained. This schedule will provide that all areas will be mowed not less than once a week during the warm season of April to November and once every two weeks during the cool season of December to March. This schedule will be submitted to the Maintenance Superintendent for approval. b. Edging - With each cutting the edge of the grass along sidewalks, curbs, shrub and flower beds, and walls shall be trimmed to a neat and uniform line. Such edging shall be done with a power edger with a rigid blade. Where trees and shrubs occur in turf areas, all grass shall be removed 6 inches from the trunks of trees and away from the drip line of shrubs by use of power scythe, approved chemicals, or small mowers as required. Trim around all sprinkler heads as necessary in order to provide maximum water coverage. Edging will be done concurrent with each mowing. The edge of the turf shall be trimmed around value boxes, meter boxes, backflow devices or any structures located within the turf areas. All turf edges are to be maintained to prevent grass invasion into adjacent shrub, flower, and ground cover bed areas. All clippings shall be removed from site the same day area is edged. After mowing and edging is completed all adjacent walkways are to be swept clean by power blower. c. Weed Control - Control turf weeds as needed and in accordance with the specialized maintenance program. Hand removal of noxious weeds or grasses will be required as necessary. d. Insect/Disease Control - Eliminate all insect or disease affecting turf areas as they occur. e. Aerating - Aerate all turf areas four (4) times annually in accordance with the specialized maintenance program. Aerate all turf by using 1/2-inch tines removing 4-inch cores of sod with an Page 290 of 655 City of Diamond Bar L.L.M.D. SP 10 LLMD Maintenance aerator machine at not more than 6-inch spacing once over. Maintenance Superintendent is to be notified at least two (2) weeks prior to the exact date of aerating. f. Thatch Removal - Renovate all warm season grasses to the soil line and verticut all cool season grasses once annually prior to the overseeding operation to be performed in the fall of each year. Equipment will consist of standard renovating or vertical mowing types. Maintenance Superintendent is to be notified at least two (2) weeks prior to the exact date of renovation. g. Irrigation - Irrigation, including hand-watering and bleeding of valves during an emergency situation, as required to maintain adequate growth rate and appearance and in accordance with a schedule most conducive to plant growth. Contractor to provide Maintenance Superintendent with monthly written irrigation schedule on form provided for this purpose. Maintenance Superintendent shall have the ability to change the irrigation schedule as the need develops. Adequate soil moisture will be determined by programming the automatic sprinkler controllers as follows: (1) Consideration must be given to the soil conditions, seasonal temperatures, wind conditions, humidity, minimizing runoff and the relationship of conditions which affect day and night watering. This may include daytime watering during winter weather to prevent icy conditions and manual operation of the irrigation system during periods of windy or inclement weather. During freezing, rainy and/or windy conditions, automatic irrigation will be discontinued. (2) In areas where wind creates problems of spraying water onto private property or road rights-of-way, the controllers shall be set to operate during the period of lowest wind velocity which would normally occur at night (between the hours of 7:00 p.m. and 6:00 a.m.). (3) The Contractor shall be responsible for monitoring all systems within the jurisdiction of this specification and correct for: coverage, adjustment, clogging of lines, and removal of obstacles, including plant materials which obstruct the spray. (4) Check systems daily and adjust and/or repair any sprinkler heads causing excessive runoff, including slope areas, or which throw directly onto roadway paving or walks (where sprinkler heads can be adjusted) within the District. (5) All controllers shall be adjusted on a weekly basis considering the water requirements of each remote-control valve (sprinkler station). (6) Irrigation system will be controlled by Contractor in such a way as not to cause an excessively wet area which could Page 291 of 655 City of Diamond Bar L.L.M.D. SP 11 LLMD Maintenance interfere with the Contractor’s ability to mow all turf. (7) The Contractor shall observe and note any deficiencies occurring from the original design and review these findings with the Maintenance Superintendent, so necessary improvements can be considered. (8) Contractor shall repair or replace all leaking or defective valves immediately upon occurrence, or within twenty-four (24) hours following notification from the Maintenance Superintendent of such a deficiency. (9) A soil probe shall be used to a depth of twelve (12) inches to determine the water penetration by random testing of the root zones. (10) Contractor shall file a monthly statement with the Department of Public Works certifying that all irrigation systems are functioning properly and provide a monthly irrigation schedule for the succeeding month. (11) Contractor shall also be required to file a yearly certification with the Department of Health Services and/or Walnut Valley Water District that all backflow prevention devices on the irrigation systems are operating in accordance with the requirements established by the Los Angeles County Health Services Department and/or Walnut Valley Water District. It will be the responsibility of the Contractor to repair and replace when necessary, subject to the provisions of Section 21 hereunder, all backflow prevention devices at his sole expense. Said certification shall be completed within thirty (30) days upon notification from the Department of Health Services and/or Walnut Valley Water District that said certifications are due. h.Fertilization - Apply fertilizers so as to provide sufficient nitrogen and other basic nutrients on a regular basis to maintain the turf in a healthy condition, or as directed by the Maintenance Superintendent. Fertilizer will be applied as often as required to maintain deep green color at all times. The type of turf and time of year will determine the type of fertilizer used. The frequency of application will greatly depend on the amount of leaching caused by excess use of water. The type of fertilizer used and frequency applied shall be recorded. Coordinate all fertilizer applications with the Maintenance Superintendent. Contractor shall use only dry pelletized fertilizers unless otherwise approved by the Maintenance Superintendent. Applications shall be in accordance with the manufacturer’s specifications. All applications shall be recorded and specifically identified on the contractor’s maintenance schedule indicating the fertilizer used and frequency applied. Page 292 of 655 City of Diamond Bar L.L.M.D. SP 12 LLMD Maintenance When applying fertilizer granules, every precaution shall be taken to contain material in the planting areas. Contractor will be responsible for removing all fertilizer stains from concrete caused by application. Turf Reseeding - Contractor shall once each year in fall, at contractor’s sole expense, overseed all turf after aerification and overseed all bare spots as needed throughout the remainder of the year to re-establish turf to an acceptable quality. When Contractor reseeds turf, he will aerify, renovate or verticut, seed and mulch (spread evenly over the entire area to a uniform depth of 1/4 inch) in this sequence. The Maintenance Superintendent may require the use of sod when deemed necessary. Contractor shall be entitled to additional compensation for the cost of the sod only provided loss of turf was not due to the negligence of the Contractor. Overseeding shall be sown at a rate of five (5) pounds per 1, 000 square feet and reseeding of bare areas shall be sown at a rate of eight (8) pounds per 1,000 square feet with a City approved grass seed. Coordinate seed type with City. In addition, on sports fields, hulled Bermuda grass seed (at least 48% pure seed) at a ratio of 2:1 of the approved seed shall be added. 17. SHRUB AND GROUNDCOVER CARE 17.01 The Contractor shall perform at his sole expense the following services: a. Pruning - Prune shrubbery during the month of January through March to encourage healthy growth habits and for shape and appearance with the exception of roses which shall be pruned no later than January. All shrubs shall be free of dead wood, weak, diseased, insect infested and damaged limbs at all times. Remove all clippings the same day shrubbery is pruned. b. Trimming - Restrict growth of shrubbery and ground covers to area behind curbs and walkways, and within planter beds by trimming, as necessary, or upon written notice by the Maintenance Superintendent. c. Renovation - Renovate ground covers according to prescribed practices in the industry as needed to maintain a healthy vigorous appearance and growth rate.d. Disease and Insect Control - Maintain free of disease and insects and treat when needed pursuant to section 20. e. Weed Control - All ground cover and shrub beds are to be kept weed free at all times. Methods for control can incorporate one or all three of the following (1) Hand removal. (2) Cultivation. (3) Chemical eradication. f. Fertilization - Apply fertilizer at least two (2) times per year (during Page 293 of 655 City of Diamond Bar L.L.M.D. SP 13 LLMD Maintenance the months of March and April, and September and October) to provide a healthy color in all plants with foliar feedings if applicable. Contractor will cultivate around plants where needed. Fertilizer should be a balanced inorganic 10-6-4 ratio with trace elements. The Contractor shall provide the Maintenance Superintendent with a fertilization schedule, with two (2) weeks notification prior to the proposed fertilization. g. Irrigation - Irrigate including hand watering and bleeding of valves in emergency situations where automatic systems are not functioning as required to maintain adequate growth rate and appearance. Section 16, Paragraph g, concerning irrigation practices shall apply to shrubs and ground covers. h. Shrub and Ground Cover Replacement - All damaged, diseased (untreatable) or dead shrubs and ground covers will be replaced with the exact same material that existed and of similar size as required by the Maintenance Superintendent unless otherwise notified by the Maintenance Superintendent in writing. Substitutions for any plant materials must have prior approval in writing by the Maintenance Superintendent. Original plans and specifications should be consulted to determine correct identification of species. All shrubs shall be guaranteed to live and remain in healthy condition for no less than six (6) months from the date of acceptance of the job by the Maintenance Superintendent. 18. TREE CARE 18.01 The Contractor at his sole expense shall perform the following services: a. Tree Maintenance - (1) Contractor shall be responsible for the pruning, shaping and removal of trees under 15’ in height. The Contractor shall inform the Maintenance Superintendents office of any damaged or diseased trees or any trees that pose a threat to adjacent concrete, walls or property. (2) All trees shall be maintained free of all dead, diseased and damaged branches back to the point of breaking. Cuts must be made flush with the parent limb or trunk to promote proper healing. All sucker growth is to be removed from trees as it occurs. (3) Maintain seven (7) foot clearance for branches overhanging walks and fourteen (14) foot clearance for branches overhanging beyond curb line into the paved section of streets where applicable. (4) Control insects and diseases as needed pursuant to the provisions of Section 19. (5) Stake and support all replacement trees and replace stakes which have been broken or damaged on existing trees as required. (a) Tree stakes shall be pentachlorophenol treated lodge pole pine not less than eight (8) feet in length for five (5) gallon size trees and not less than ten (10) feet for fifteen Page 294 of 655 City of Diamond Bar L.L.M.D. SP 14 LLMD Maintenance (15) gallon trees sizes (two (2) per tree). (b) Guy wires where required and plant ties will be of pliable, zinc-coated ten (10) gauge wire two (2) ties per tree. (c) Tree ties shall be “Cinch Tie” tree supports or approved equivalent. (d) Stakes will not be placed closer than eight (8) inches from trunk of the tree. (e) Stakes and ties will be placed so no chafing of bark occurs and shall be checked frequently and retied to prevent girdling. b. Fertilization - Apply fertilizer within drip line at least once per year (during the months of March - April) to provide a healthy color in all plants. Fertilizer should be a balanced inorganic 10-6-4 ratio with trace elements. The Contractor shall provide the Maintenance Superintendent with two (2) weeks notification prior to the fertilizer application. c. Irrigation – Irrigation will be programmed in conjunction with automatic controllers or manual control valves servicing turf or ground cover and shrub areas in accordance with the requirements of Section 16, Paragraph G. d. Permits – If a permit is required for tree pruning, City Department of Public Works will obtain permit prior to commencement of work by Contractor. e. Tree Replacement - All trees permanently damaged by any means will be replaced with the identical species of tree existing previously, unless otherwise notified in writing by the Maintenance Superintendent. The need for and the size of replacement will be determined by the Maintenance Superintendent at the monthly maintenance inspection meeting or upon written notification. Size of the replacement shall be of a like size not to exceed a 36-inch box specimen container size. Substitutions will require prior written approval by the Maintenance Superintendent. Original plans and specifications should be consulted to insure correct identification of species. f. Olive Tree Spraying - Ornamental olive trees shall be sprayed to prevent fruit set by use of Maintain. Two applications shall be required 7-10 days apart. The first application shall be applied when 1/2 to 3/4 of the olive blooms are open (sometime between April 1 and May 10). Both spray applications shall be put on using a power sprayer with a minimum of 150 p.s.i. pressure. 19. USE OF CHEMICALS (PESTICIDES) AND DISEASE AND PEST CONTROL 19.01 The Contractor shall perform at his sole expense the following services: a. Disease, insect and pest control tasks described previously in turf, shrub/ground cover and tree care specifications. b. Control of weeds, insects and pests in the District areas, Page 295 of 655 City of Diamond Bar L.L.M.D. SP 15 LLMD Maintenance landscaped or natural, that may have an immediate adverse effect on adjacent private property. 19.02 Chemical use shall be controlled by the contractor per the following: a. Chemical Application - All work involving the use of chemicals will be accomplished by a State of California licensed pest control operator. A written recommendation by a person possessing a valid California Pest Control Advisor License is required prior to chemical application. b. Permits- All chemicals requiring a special permit for use must be registered by the Contractor with the County Agricultural Commissioner Office and a permit obtained with a copy to the City Department of Public Works prior to use. A copy of all forms submitted to the County Agricultural Commissioner shall be given to the Maintenance Superintendent on a timely basis. c. Compliance with Regulations - All regulations and safety precautions listed in the ‘Pesticide Information and Safety Manual published by the University of California will be adhered to. d. Pest Control – Control of ground squirrels, gophers, and other burrowing rodents by trapping and/or eradication will be provided by the Contractor at his sole expense. Whenever holes are visible upon the surface, these holes shall be filled and securely tamped by contractor to avoid moisture runoff entering the holes. This procedure shall be followed in all areas especially within all slope areas. 20. GENERAL CLEAN-UP 20.01 The Contractor shall perform at his sole expense the following services: a. Trash Removal - Remove all trash and accumulated debris from site. b. Policing of Areas - All areas under maintenance and other designated areas will have above identified trash removed daily, seven days per week throughout the year. c. Concrete/Asphalt Median Strip Maintenance - Contractor is responsible for weed and grass removal within concrete/asphalt median strip areas, if any, at all times. d. Curb and Gutter Maintenance - Contractor is responsible for removal of weeds and grass from curb and gutter expansion joints at all times. e. Walkway Maintenance - Walkways, if any, will be cleaned immediately following mowing and edging and cleaned by use of power sweeping or blower equipment not less than once per week. This includes removal of all foreign objects from surfaces such as gum, dog feces, grease, paint, graffiti, etc. All walkway cracks and expansion joints shall be maintained weed and grass free at all times. f. Drain Maintenance - All drains, “V’ ditches and catch basins shall Page 296 of 655 City of Diamond Bar L.L.M.D. SP 16 LLMD Maintenance be free of siltation and debris at all times. g. Removal of Leaves - Accumulations of leaves shall be removed from all areas not less than once per week. h. Trash Containers in Mini-Parks - All trash containers in mini-parks shall be emptied daily, seven days per week, throughout the year, and removed from the site. 21. IRRIGATION SYSTEM MAINTENANCE OR REPAIR 21.01 All irrigation systems within the District areas designated in this specification will be repaired and maintained as required for operation, by the Contractor at his sole expense in the following manner: a. Scope of Responsibility - The Contractor shall maintain (repair or replace as needed) and keep operable all irrigation equipment consisting of sprinkler heads, valves, lines, quick couplers, risers, automatic controllers, batteries, and backflow prevention devices. This paragraph does not require the Contractor to make a complete piping replacement of the system. b. Replacement Requirements - Replacements will be of original materials or substitutes approved by the Maintenance Superintendent in writing prior to any installation. c. Extent of Responsibility - The Contractor will be responsible for immediate maintenance (repair or replacement) of all irrigation systems. Contractor will be responsible at all times for hand watering and the bleeding of valves in emergency situations as required to sustain and prevent loss of turf trees, plants, and ground covers when automatic systems are not functioning. The replacement Section 21 requirements to be provided by the Contractor shall be the normal deterioration, wear and tear, or negligence upon the part of the Contractor. The replacement required by Section 21 caused by extraordinary incidents of vandalism, acts of God, and third-party negligence will be accomplished by the Contractor pursuant to the provisions of Section 23 of this Specification. d. Ordinances – All materials and workmanship will be in accordance with applicable City or County Plumbing Ordinances. Where the provisions of the specifications exceed such requirements, the specifications shall govern. 22. MAINTENANCE AND REPAIR OF WALKWAYS & SERVICE ROADS, DRAINAGE SYSTEMS, CONCRETE BLOCKWALLS & MISCELLANEOUS IMPROVEMENTS 22.01 Walkways and Service Roads - All walkways and service roads, if any, shall be maintained by the Contractor so as to keep the integrity of the walking or driving surface in a safe, unimpaired condition. The Contractor shall be entitled to additional compensation for maintaining walkways and service roads in the following manner: Page 297 of 655 City of Diamond Bar L.L.M.D. SP 17 LLMD Maintenance a. Broken corners will be removed and repaired as required. b. Broken curbs or headers adjacent to or part of roadways or walkways will be repaired or replaced. c. Contractor will not be responsible for total replacement of roadways or walkways as a result of normal deterioration, but will be required to replace all improvements damaged by his negligence. 22.02 Drainage Systems - The following services shall be provided by the contractor at his expense except as otherwise provided for: a. All surface drains (“V" ditches), if any, shall be kept clear of debris so that water will have an unimpeded passage to its outlet. Contractor will repair or replace concrete portions as necessary for which the Contractor will receive additional compensation. b. All sub-surface drains, if any, shall be periodically flushed with water to avoid build-up of silt and debris. All inlets to subsurface drains shall be kept clear of leaves, paper and other debris to ensure unimpeded passage of water. Contractor shall replace all broken or stolen sections of pipe, catch basin boxes and grates, for which additional compensation shall be authorized. 22.03 Miscellaneous Improvements - It will be the responsibility of the Contractor to repair or replace miscellaneous improvements such as signs and mowing strips and any other structural improvements within the District unless otherwise specified. Contractor shall be entitled to additional compensation for these services. 22.04 Walks and Trails Operation- To be done at Contractors sole expense. Contractor shall keep non-concrete walks and trails free of hazards and litter, and shall maintain the prescribed access routes by performing the hereinafter specified operations and all other work incidental thereto. 22.05 Wood chips, crushed rock, decomposed granite and other types of walkways and trails shall be kept clear for pedestrian and/or vehicular traffic. All weeds and plant materials shall be cut back to maintain clear access through such areas. 22.06 Any restrictive posts or barriers shall be maintained in an operable state. 22.07 Clear for litter and debris. 22.08 Repair/backfill ruts and erosion areas. WALKS AND TRAILS – Frequency 22.09 Areas kept clear for access: once per month. 22.10 Posts and barriers: as needed. 22.11 Litter and debris: once per week. 22.12 Repair/backfill ruts: as needed. 23. MAINTENANCE, REPAIRS AND REPLACEMENTS DUE TO EXTRAORDINARY INCIDENTS 23.01 Contractor shall be responsible for performing maintenance, repairs and Page 298 of 655 City of Diamond Bar L.L.M.D. SP 18 LLMD Maintenance replacements, when the need for such work arises out of extraordinary incidents such as vandalism, Acts of God, and Third-party negligence in accordance with the provisions of this Section. The Contractor shall replace as the result of any of the extraordinary incidents described in this Section (1) damaged, diseased (untreatable) or dead shrubs, ground cover and trees in accordance with Sections 17 and 18 and (2) inoperable irrigation equipment described in Section 21. The Contractor shall submit a written estimate of the cost for performing such work. The Maintenance Superintendent may, upon review and approval of such estimate, authorize the Contractor to perform said work by the issuance of a written Work Order. After submittal of the bill, the Contractor shall be reimbursed only for the agreed upon cost estimate. In the event the Contractor’s written estimate is not approved, then the Maintenance Superintendent reserves the right to contract with a third party to perform such work. 24. MAINTENANCE INSPECTIONS 24.01 The Contractor shall: a. Weekly perform a maintenance inspection during daylight hours of all facilities within the District. Such inspection shall be both visual and operational. The operational inspection shall include operation of all sprinkler, lighting and other technical systems to check for proper operational condition and reliability. b. Monthly meet on site with an authorized representative of the Maintenance Superintendent for a walk-through inspection. Said meeting shall be at the convenience of the Maintenance Superintendent. In addition, weekly interim inspections may be made by the Maintenance Superintendent. Any corrective work required as a result of a monthly inspection or any interim inspection by the Maintenance Superintendent shall be accomplished to the satisfaction of the Maintenance Superintendent within three (3) days of the notification of deficiencies, except in the case of a leaking valve which must be repaired within 24 hours following notification. 25. PLAYGROUND EQUIPMENT MAINTENANCE 25.01 All playground sites and equipment shall be inspected at the start of each work day and sand/wood chips cleaned and raked level to remove any foreign and hazardous material and neatly groomed. 25.02 Special attention shall be made to low sand/wood chip areas, around play equipment. These sand/wood chip areas shall be leveled by distributing sand/wood chips from high areas to low areas. 25.03 All sand/wood chip play areas shall be maintained free of litter, cans, pop tops, broken glass and other debris. Page 299 of 655 City of Diamond Bar L.L.M.D. SP 19 LLMD Maintenance 25.04 All playground sites and equipment shall be checked daily, seven days per week, throughout the year and Contractor shall clean and remove litter from sand/wood chip areas daily, seven days per week, throughout the year. Any unsafe condition of play equipment shall be corrected and/or reported pursuant to Section 8 of these specifications. 25.05 By the 10th of each month, all sand areas shall be rototilled to the maximum depth that will allow complete loosening of the sand but will not cause lower base materials to be mixed in with the sand. After rototilling, all areas shall be raked level. Wood chips shall not be roto-tilled. 26. FIRE PROTECTION SLOPE AREAS MAINTENANCE 26.01 These slope areas are hillside areas and are designed to meet Los Angeles County Ordinances for fire retardation. These areas generally occur in sloping terrain with gradients ranging 10 percent to 100 percent. Slopes are either manufactured or natural. The natural slopes have been brushed to remove certain plant materials. Manufactured slopes have been hydro mulched in accordance with applicable County ordinances. Use of these areas by the residents should be minimal. 26.02 The maintenance of the natural slopes requires that the weeds and native brush be clipped to a height of 2 to 4 inches for a distance of at least 100 feet from a dwelling or structure. Also, dead wood from woody plants shall be trimmed when the area is brushed. Apply water within the cleared zone only as needed during fire season to maintain sufficient moisture content for sustenance of the plants and to inhibit combustion. Remove all debris from this operation off the District property. Weeding shall commence immediately following the rainy season once the growth of weeds has reached a maximum of 12 inches in height or when the County Fire Marshall has determined that a fire hazard condition exists. The required weeding shall be completed as soon as possible following its commencement and shall be completed throughout a District within a maximum period of thirty (30) days. Contractor shall be responsible for maintaining the brushed slope areas throughout the year in accordance with the above-identified height of weeds, dead wood removal and distance from dwellings or structures requirements. This may require that certain areas will need additional brushing as directed by the County Fire Marshall. Also, Contractor shall fertilize twice a year shrubs in these areas with inorganic 10-6-4 and remove weeds to a distance of 30 feet measured from any sidewalk adjacent to a fire protection slope area. 26.03 Where reference is made to weeding, brushing or clearing within 100 feet of a structure, it is intended that the space between the structure and the private property line is the responsibility of the owner of the property. As an example, assume a private residential lot has a depth of 100 feet, the rear or side of which abuts a fire protection slope. Assume that the structure is set back 20 feet from the property line abutting this slope. The Contractor1s responsibility is within the portion or balance of the 100 feet Page 300 of 655 City of Diamond Bar L.L.M.D. SP 20 LLMD Maintenance outside of the private property boundary, or, in this case, 80 feet. Consult with the Maintenance Superintendent for any questions regarding these areas. 26.04 The maintenance of the manufactured slopes requires that the planted slopes be kept weed free at all times. Contractor shall program the irrigation system to deliver sufficient moisture within the root zone of trees and shrubs to sustain growth. Contractor shall be responsible for any damage to slope areas caused by excessive watering practices. Plants and trees shall be fertilized in accordance with the requirements of Sections 17 and 18 of these Specifications. 27. NATURAL AREAS MAINTENANCE 27.01 Natural areas are open space areas that have minimal usage due to the sloping character of the land and the rugged landscape materials that are native to the land. Contractor will provide periodic maintenance consisting of debris removal only as directed by the Maintenance Superintendent. 27.02 Surface drains (“V’ ditches) located in natural areas shall be maintained by the Contractor per 22.02.a at the Contractor’s sole expense. 28. TERM OF AGREEMENT 28.01 This Agreement shall take effect and commence upon its execution by the City Council and unless executed on the first day of a calendar month, shall continue for the rest of the partial calendar month in which executed and for a period of twelve (12) to thirty-six (36) full calendar months thereafter. 28.02 The City Council shall have the option to extend this Agreement up to three (3) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year extensions. 29. CONTRACTOR’S COMPENSATION 29.01 Should this Agreement commence on other than the first day of a calendar month, the Contractor’s compensation for that partial calendar month shall be prorated at the rate of 1/30 of the full monthly rate per day, to, and including, the last day of the partial calendar month. 29.02 In the event the City Council exercises its option to extend the term of this Agreement for one or more of the additional five (5) one year periods as provided for in paragraph 28.02, the Contractor’s monthly compensation shall be subject to adjustment at the commencement of the extended term and annually thereafter (“the adjustment date”) as follows: Any increase in compensation will be negotiated between the City and the Page 301 of 655 City of Diamond Bar L.L.M.D. SP 21 LLMD Maintenance contractor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be calculated with reference to cost of living during the previous year. If the increase is approved by the City Council, the increase will be calculated by adding to the Contractor’s monthly compensation, the amount, if any, obtained by multiplying the contractor’s compensations as of the adjustment date by the percentage by which the Consumer Price Index (“CPI”) for the Los Angeles-Anaheim-Riverside metropolitan area for the month immediately preceding the Adjustment Date (the “Index Month”) reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Maintenance Superintendent’s office shall, as its discretion, substitute for the Index such other similar index as it may deem appropriate. 30. Diversion of Organic materials from landfills 30.01 Contractor shall divert all organic material (i.e. grass clippings, tree trimmings) from being disposed with regular refuse. Contractor shall, to the extent feasible, utilize acceptable techniques (i.e. grass recycling, composting) as approved by the Maintenance Superintendent, in the diversion of all organic materials from landfills. 30.02 Diversion shall be completed on an on-going basis. 31. Monetary Penalties for Contract Specification Deficiencies and Sub- Standard Work 31.01 Violation of the following provisions will result in the listed monetary penalty. Contract specification deficiencies and sub-standard work will be documented on the Performance Deficiency form and will be approved by the Maintenance Supervisor or Superintendent. 1. Contractor’s employees shall wear proper working attire, including uniforms, proper shoes and other safety gear. (Section 11.04) Failure to comply shall result in a deduction of $100 per occurrence per day. 2. Complaints shall be abated as soon as possible after notification; but in all cases within 24 hours, to the satisfaction of the Maintenance Superintendent. (Section 7.04) Failure to comply shall result in a deduction of $100 per occurrence per day. 3. Contractor shall respond to emergencies within two (2) hours of notification. (Section 1.06) Emergencies include, but are not limited to, broken water mains, stuck valves, threat to private property due to contractor’s operations, natural disasters, etc. Failure to respond shall result in a deduction of $250 per occurrence. Page 302 of 655 City of Diamond Bar L.L.M.D. SP 22 LLMD Maintenance 4. Contractor shall supply the City with name(s) and phone number(s) of twenty- four (24) hours-per-day, seven (7) days-per-week contact for emergencies. (Section 7.01) Failure to maintain current information shall result in a $200 penalty for each occurrence. 5. Contractor contact shall be available by telephone during regular work hours. (Section 7.01) Failure to respond back to City representative within 30 minutes of call shall result in $250 penalty per occurrence. 6. Contractor shall provide a daily schedule (seven (7) day per week schedule) of manpower assigned to work in Diamond Bar. This schedule shall serve as the minimum manpower requirement to adequately service this contract. Failure to maintain the minimum level of manpower shall result in the immediate deficiency deduction of $200 per person per day. 7. Payments Withheld/Penalties: A. If the City determines that there are deficiencies in the performance of this contract, the Contractor shall be notified both verbally and in writing each time service requirements are unsatisfactory and corrective action is necessary. Upon notification of service failure, the Contractor shall complete corrective action within the time frame as noted in the contract. Should the Contractor fail to correct any deficiencies within the stated time frame, the City may exercise the following measures: i. Deduct from the Contractor’s payment the amount necessary to correct the deficiency. ii. Withhold the entire or partial payment. iii. Utilize City forces, or an alternate source, to correct the deficiency and deduct from the Contractor’s payment the total cost, including City overhead. iv. Deduct liquidated damages from Contractor’s monthly invoice. B. Failure by the Contractor to provide reports, schedules and other deliverables as called for in this specification (and itemized below) will result in a penalty of $250 for each occurrence being withheld from the Contractor’s current monthly invoice payment. i. “Weekly” written work schedules including tree well maintenance ii. Written pesticide recommendations iii. “Every three (3) weeks” irrigation tracking sheets for each controller iv. “Monthly” turf fertilization schedule (if applicable) Page 303 of 655 City of Diamond Bar L.L.M.D. SP 23 LLMD Maintenance v. “Monthly” rodent control reports (site specific) vi. “Monthly” chemical application report (site specific) C. Failure by the Contractor to provide certain maintenance functions/deliverables within the timelines called for in this specification (and itemized below) will result in a penalty of $200 for each occurrence (at each site) being withheld from the Contractor’s current monthly invoice payment. i. Failure by the Contractor to take immediate corrective action to landscape that is stressed due to lack of water, insect infestation, rodents, etc. ii. Failure to perform as indicated on the work schedule. iii. Responding to emergencies within two (2) hours during non-working hours. iv. Failure to conform to the W.A.T.C.H. Traffic Control handbook. v. Removing litter/debris from site the same day it is generated. vi. Blowing or sweeping debris onto private property, public streets, parking lots or into stormdrains. vii. Tree pruning or tree care within five (5) days. viii. Failure to alleviate visibility obstructions within two (2) working days. ix. Ground cover replacement within five (5) days. x. Irrigation repair within twenty-four (24) hours. xi. Irrigating during rainy weather when it is obvious that additional soil moisture is not needed. (Per controller). xii. Objectionable weeds and subsequent days beyond three (3). xiii. Failure to pick up litter daily. xiv. Turf mowing and edging weekly. xv. Failure to test and or repair backflow prevention devices in a timely manner. Page 304 of 655 Exhibit B – City’s request for Proposal, dated November 11, 2025 Page 305 of 655 1 REQUEST FOR PROPOSALS The City of Diamond Bar is seeking proposals from qualified contractors to provide professional Landscape Maintenance Services for the community. Landscape Maintenance Services Lighting and Landscape Maintenance District 38 Proposals Due: Tuesday, January 13, 2026 at 2:00pm City of Diamond Bar Public Works Department 21810 Copley Drive, Diamond Bar, CA 91765 (909) 838-7060 Page 306 of 655 2 I. GENERAL INFORMATION The City of Diamond Bar is soliciting proposals from qualified firms to provide regular landscape and maintenance services for the maintenance of Lighting and Landscape Maintenance District 38 (LLMD38). Maintenance responsibilities will include maintenance of parks, medians, parkways, slopes and trails within LLMD38. The purpose of this maintenance contract is to provide the City of Diamond Bar with the best landscape care to maintain the City at a level expected by the City’s residents, City Council, City staff, and visitors of the community. The selected contractor will work closely with the Maintenance Superintendent to ensure the most appropriate care and maintenance of the City’s LLMDs. It is the intent of the City to award a contract, in a form approved by the City Attorney, to the selected firm (see Exhibit “C”). The City reserves the right to further negotiate the terms and conditions of the contract. The City shall retain the right to reject any proposal for noncompliance with contract requirements and provisions, or to not award a contract because of unforeseen circumstances or if it is determined to be in the best interest of the City. This contract will be awarded based on demonstrated ability and performance providing similar services at a fair and reasonable cost. This contract may not be awarded to the company submitting the proposal with the lowest costs. The City Council will approve as part of the annual budget an annual contract amount. The City does not guarantee a specific amount of work and the quantity of work may increase or decrease depending on the annual needs of the City. The proposed contract will be for a period of three (3) years commencing July 1, 2026, with the option, at the City’s sole discretion, to award up to three (3) additional years upon successful demonstration of exemplary contract performance. II. PROPOSAL SUBMISSION INSTRUCTIONS Schedule Post RFP: November 12, 2025 Mandatory Job Walk: December 16, 2025 at 9:00am Questions Due Date: December 23, 2025 Proposal Due Date: January 13, 2026 at 2:00pm Tentative Award Date: April 2026 Start of Contract:July 1, 2026 The Mandatory Job Walk will be held at City Hall - 21810 Copley Drive. Diamond Bar CA 91765 on December 16, 2025 9:00am All proposals must be submitted via the City’s secure online bidding system (PlanetBids): by Tuesday, January 13, 2026 no later than 2:00pm. Page 307 of 655 3 III. INQUIRIES/QUESTIONS Contractors must carefully examine this RFP and any addenda that may be posted on the City’s secure online bidding system (PlanetBids) prior to submission of their proposal. Contractors must seek clarification of any ambiguity, conflict, omission or other error in this RFP in writing via the City’s secure online bidding system prior to submission of their proposal. If an answer materially affects the RFP, the information will be incorporated into an addendum and distributed to all contractors via the City’s secure online bidding system; no other contact shall be made by the City to contractors regarding addenda to the RFP. It shall be the contractor’s sole responsibility to check the City’s secure online bidding system (PlanetBids) to determine if any addenda have been posted prior to the proposal due date. All questions shall be submitted via the City’s secure online bidding system (PlanetBids). IV. SELECTION PROCESS Each proposal will be evaluated based on firm qualifications and the required submittals. Firm selection will be made by utilizing the criteria described in this document. Each firm will be evaluated on their qualification submissions. All firms will be notified as to the results of this evaluation. The evaluation criteria used in the selection process includes, but is not limited to, the following: A. Quality & Completeness of Proposal 1. Relevance & Conciseness of Proposal and Statement of Qualifications 2. Work Statement and Quality Control Plan B. Corporate Capability 1. Qualifications and experience of key personnel 2. Quantity and types of equipment 3. The ability of the firm to provide the proper insurance coverage 4. Financial ability of the firm to provide services to the City of Diamond Bar 5. Internal training program for employees. 6. Equipment 7. Greenwaste recycling capabilities 8. Requirement to execute City Contract per attached sample C. Reference Evaluation 1. Customer Service Record 2. Performance record of the firm relating to the Project Schedule of similar scale 3. Quantity and Quality of work previously performed 4. References D. Facility Evaluation 1. The firm’s customer service program Page 308 of 655 4 2. Equipment maintenance facility 3. The firm’s plan to recycle generated greenwaste from maintenance activities. G. Fee Schedule 1. An evaluation of the firm’s Fee Schedule V. REQUIRED QUALIFICATIONS TO BE SUBMITTED WITH PROPOSAL Award will be made to the firm who best meets the City’s requirements. All firms submitting proposals must hold a valid State of California C-27 Contractor’s License. Licenses must be in good standing without any official unresolved record of complaints registered or filed with the Board or California Department of Consumer Affairs. Proposals shall include a list of all key personnel that will be performing the work outlined in the contract. Personnel must be qualified and trained in the landscape maintenance industry. This will include the staffing of an on-site Superintendent who shall be fluent in the English language. At all times during contracted landscape maintenance activities, the firm shall have work crews on site that are represented by an English-speaking Superintendent who can receive and carry out instructions given by proper authorities. The firm shall be held liable for the faithful observance of any lawful instructions of the City, not in conflict with the contract, which may be delivered to said party or his representatives on the work. Proposals shall include a list of similar and separate Southern California municipal multi- year landscape maintenance contracts which have been successfully completed within the last five (5) years. Each project shall be of comparable size and scope of this project (descriptions of these projects and contact persons must be provided with proposal submission). Proposals shall include a Quality Control Plan with an effective and efficient means of identifying and correcting problems throughout the entire scope of operations. The successful contractor shall be required to comply with this quality control throughout the term of the contract. Contractors shall include with the proposal a copy of their current Safety Manual that meets SB 198 requirements for injury and illness prevention. VI. SUBMITTALS Firms wishing to have their proposals considered for this contract shall submit the following, as a minimum: A. Proposal form provided. See pages 7 and 8. B. A statement of firm’s qualifications applicable to this contract, including the following: 1. State of California Contractor’s License number and expiration date, C-27. Page 309 of 655 5 2. Names, qualifications and proposed duties of key personnel to be assigned to this project. The firm shall identify a full-time English speaking Site Superintendent, who is capable of communicating with any City representative and be authorized to act on behalf of the firm. 3. List of staff qualifications including but not limited to: a. California State Licensed Pest Control Advisor employed by the firm. b. California State Licensed Pest Control Applicator employed by the firm. c. Irrigation Technicians. 4. Technical ability and experience similar in scope to this contract. 5. Statement of past project disqualification(s) and litigation. 6. Quality Control Plan. 7. Customer Service Program. 8. Safety Training Program. 9. Industrial Safety Record. 10. Letters of Reference. C. A description of previous experience, including projects of similar nature. D. A detailed description of the proposed services to be performed along with schedules, list of key personnel, and vehicles that would be required to complete this project. E. Affirmative statement of compliance with indemnity and insurance. F. Affirmative statement of willingness to sign City Contract (See Exhibit “C”). G. A written description of the firm’s plan to report green waste generated and the method for its disposal. H. The firm must submit a proposed Quality and Cost Control Plan to enhance the service and responsiveness to the City. It should include the following: 1. The methodology in which the firm will handle complaints from the public and damage to public & private property 2. Effective means to correct problems. 3. The means the firm will use for completing the project I. Corporate and Financial Capability. The contractor shall be required to demonstrate to the satisfaction of the City that they have adequate financial resources to perform the services required by these specifications. No contract will be awarded to any contractor who, as determined by the City, has an unsatisfactory performance record or inadequate experience, or who at any time lacks the necessary financial resources to provide the services in strict accordance with the specifications. VII. INSPECTION OF SITE Page 310 of 655 6 Prior to submitting a proposal, Contractors must familiarize themselves with the work contemplated in the contract, and be responsible for any condition which adequate field inspection would have revealed. Submission of a proposal shall be deemed conclusive evidence that such examination has been made by each Contractor and shall constitute a waiver by each of all claims of error in the proposal, withdrawal of the proposal, or combination thereof, under the executed Agreement, or any revision thereof. The work to be done consists of furnishing all materials, equipment, transportation, tools, labor, and incidentals to provide Landscape Maintenance Services detailed in this contract as outlined throughout this proposal. VIII. SCOPE OF WORK Contractor shall perform services as listed in EXHIBIT A Specifications for the Maintenance of Lighting and Landscape Maintenance District. Note: All maps and areas are approximant and actuals may vary. Page 311 of 655 7 PROPOSAL FORM LANDSCAPE MAINTENANCE SERVICES The undersigned as proposer declares that he has carefully examined each location of the proposed work, that he has examined the Specifications and read the accompanying instructions to proposers, and hereby proposes and agrees, if the proposal is accepted, to furnish all labor and equipment and do all work required by Specifications and Agreement. Name of Company: _____________________________________________________ Address: ______________________________________________________________ Phone/fax: ____________________________________________________________ Contact Person: ________________________________________________________ Years in business: ______________________________________________________ The undersigned proposer further understands that the City of Diamond Bar, California reserves the right to award all or any part of this bid without any obligation to the City. The City also reserves the right to waive any informality in proposals. Name of Contractor ________________________ By: ___________________ Date: ___________ Print Signature of Contractor Contract pricing for year one (1) must be firm fixed pricing. Pricing for subsequent contract years will be limited to the Consumer Price Index (CPI) for any such proposed price adjustment and shall not exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data for Los Angeles-Riverside-Orange County, California, All Items, Not Seasonally Adjusted, “annualized change comparing the original proposal month and the same month in the subsequent year. (March-March comparison). Page 312 of 655 8 Maintenance Services for LLMD38 Bid Item 1 Park/Location Address Monthly Cost 1. All Locations – LLMD 38 Various TOTAL MONTHLY COST Page 313 of 655 1 REQUEST FOR PROPOSALS The City of Diamond Bar is seeking proposals from qualified contractors to provide professional Landscape Maintenance Services for the community. Landscape Maintenance Services Lighting and Landscape Maintenance District 39 Proposals Due: Tuesday, January 13, 2026 at 2:00pm City of Diamond Bar Public Works Department 21810 Copley Drive, Diamond Bar, CA 91765 (909) 839-7060 Page 315 of 655 2 I. GENERAL INFORMATION The City of Diamond Bar is soliciting proposals from qualified firms to provide regular landscape and maintenance services for the maintenance of Lighting and Landscape Maintenance District 39 (LLMD39). Maintenance responsibilities will include maintenance of parks, medians, parkways, slopes and trails within LLMD39. The purpose of this maintenance contract is to provide the City of Diamond Bar with the best landscape care to maintain the City at a level expected by the City’s residents, City Council, City staff, and visitors of the community. The selected contractor will work closely with the Maintenance Superintendent to ensure the most appropriate care and maintenance of the City’s LLMDs. It is the intent of the City to award a contract, in a form approved by the City Attorney, to the selected firm (see Exhibit “C”). The City reserves the right to further negotiate the terms and conditions of the contract. The City shall retain the right to reject any proposal for noncompliance with contract requirements and provisions, or to not award a contract because of unforeseen circumstances or if it is determined to be in the best interest of the City. This contract will be awarded based on demonstrated ability and performance providing similar services at a fair and reasonable cost. This contract may not be awarded to the company submitting the proposal with the lowest costs. The City Council will approve as part of the annual budget an annual contract amount. The City does not guarantee a specific amount of work and the quantity of work may increase or decrease depending on the annual needs of the City. The proposed contract will be for a period of three (3) years commencing July 1, 2026, with the option, at the City’s sole discretion, to award up to three (3) additional years upon successful demonstration of exemplary contract performance. II. PROPOSAL SUBMISSION INSTRUCTIONS Schedule Post RFP: November 12, 2025 Mandatory Job Walk: December 16, 2025 at 9:00am Questions Due Date: December 23, 2025 Proposal Due Date: January 13, 2026 at 2:00pm Tentative Award Date: April 2026 Start of Contract:July 1, 2026 The Mandatory Job Walk will be held at City Hall - 21810 Copley Drive. Diamond Bar CA 91765 on December 16, 2025 9:00am All proposals must be submitted via the City’s secure online bidding system (PlanetBids): by Tuesday, January 13, 2026 no later than 2:00pm. Page 316 of 655 3 III. INQUIRIES/QUESTIONS Contractors must carefully examine this RFP and any addenda that may be posted on the City’s secure online bidding system (PlanetBids) prior to submission of their proposal. Contractors must seek clarification of any ambiguity, conflict, omission or other error in this RFP in writing via the City’s secure online bidding system prior to submission of their proposal. If an answer materially affects the RFP, the information will be incorporated into an addendum and distributed to all contractors via the City’s secure online bidding system; no other contact shall be made by the City to contractors regarding addenda to the RFP. It shall be the contractor’s sole responsibility to check the City’s secure online bidding system (PlanetBids) to determine if any addenda have been posted prior to the proposal due date. All questions shall be submitted via the City’s secure online bidding system (PlanetBids). IV. SELECTION PROCESS Each proposal will be evaluated based on firm qualifications and the required submittals. Firm selection will be made by utilizing the criteria described in this document. Each firm will be evaluated on their qualification submissions. All firms will be notified as to the results of this evaluation. The evaluation criteria used in the selection process includes, but is not limited to, the following: A. Quality & Completeness of Proposal 1. Relevance & Conciseness of Proposal and Statement of Qualifications 2. Work Statement and Quality Control Plan B. Corporate Capability 1. Qualifications and experience of key personnel 2. Quantity and types of equipment 3. The ability of the firm to provide the proper insurance coverage 4. Financial ability of the firm to provide services to the City of Diamond Bar 5. Internal training program for employees. 6. Equipment 7. Greenwaste recycling capabilities 8. Requirement to execute City Contract per attached sample C. Reference Evaluation 1. Customer Service Record 2. Performance record of the firm relating to the Project Schedule of similar scale 3. Quantity and Quality of work previously performed 4. References D. Facility Evaluation 1. The firm’s customer service program Page 317 of 655 4 2. Equipment maintenance facility 3. The firm’s plan to recycle generated greenwaste from maintenance activities. G. Fee Schedule 1. An evaluation of the firm’s Fee Schedule V. REQUIRED QUALIFICATIONS TO BE SUBMITTED WITH PROPOSAL Award will be made to the firm who best meets the City’s requirements. All firms submitting proposals must hold a valid State of California C-27 Contractor’s License. Licenses must be in good standing without any official unresolved record of complaints registered or filed with the Board or California Department of Consumer Affairs. Proposals shall include a list of all key personnel that will be performing the work outlined in the contract. Personnel must be qualified and trained in the landscape maintenance industry. This will include the staffing of an on-site Superintendent who shall be fluent in the English language. At all times during contracted landscape maintenance activities, the firm shall have work crews on site that are represented by an English-speaking Superintendent who can receive and carry out instructions given by proper authorities. The firm shall be held liable for the faithful observance of any lawful instructions of the City, not in conflict with the contract, which may be delivered to said party or his representatives on the work. Proposals shall include a list of similar and separate Southern California municipal multi- year landscape maintenance contracts which have been successfully completed within the last five (5) years. Each project shall be of comparable size and scope of this project (descriptions of these projects and contact persons must be provided with proposal submission). Proposals shall include a Quality Control Plan with an effective and efficient means of identifying and correcting problems throughout the entire scope of operations. The successful contractor shall be required to comply with this quality control throughout the term of the contract. Contractors shall include with the proposal a copy of their current Safety Manual that meets SB 198 requirements for injury and illness prevention. VI. SUBMITTALS Firms wishing to have their proposals considered for this contract shall submit the following, as a minimum: A. Proposal form provided. See pages 7 and 8. B. A statement of firm’s qualifications applicable to this contract, including the following: 1. State of California Contractor’s License number and expiration date, C-27. Page 318 of 655 5 2. Names, qualifications and proposed duties of key personnel to be assigned to this project. The firm shall identify a full-time English speaking Site Superintendent, who is capable of communicating with any City representative and be authorized to act on behalf of the firm. 3. List of staff qualifications including but not limited to: a. California State Licensed Pest Control Advisor employed by the firm. b. California State Licensed Pest Control Applicator employed by the firm. c. Irrigation Technicians. 4. Technical ability and experience similar in scope to this contract. 5. Statement of past project disqualification(s) and litigation. 6. Quality Control Plan. 7. Customer Service Program. 8. Safety Training Program. 9. Industrial Safety Record. 10. Letters of Reference. C. A description of previous experience, including projects of similar nature. D. A detailed description of the proposed services to be performed along with schedules, list of key personnel, and vehicles that would be required to complete this project. E. Affirmative statement of compliance with indemnity and insurance. F. Affirmative statement of willingness to sign City Contract (See Exhibit “C”). G. A written description of the firm’s plan to report green waste generated and the method for its disposal. H. The firm must submit a proposed Quality and Cost Control Plan to enhance the service and responsiveness to the City. It should include the following: 1. The methodology in which the firm will handle complaints from the public and damage to public & private property 2. Effective means to correct problems. 3. The means the firm will use for completing the project I. Corporate and Financial Capability. The contractor shall be required to demonstrate to the satisfaction of the City that they have adequate financial resources to perform the services required by these specifications. No contract will be awarded to any contractor who, as determined by the City, has an unsatisfactory performance record or inadequate experience, or who at any time lacks the necessary financial resources to provide the services in strict accordance with the specifications. VII. INSPECTION OF SITE Page 319 of 655 6 Prior to submitting a proposal, Contractors must familiarize themselves with the work contemplated in the contract, and be responsible for any condition which adequate field inspection would have revealed. Submission of a proposal shall be deemed conclusive evidence that such examination has been made by each Contractor and shall constitute a waiver by each of all claims of error in the proposal, withdrawal of the proposal, or combination thereof, under the executed Agreement, or any revision thereof. The work to be done consists of furnishing all materials, equipment, transportation, tools, labor, and incidentals to provide Landscape Maintenance Services detailed in this contract as outlined throughout this proposal. VIII. SCOPE OF WORK Contractor shall perform services as listed in EXHIBIT A Specifications for the Maintenance of Lighting and Landscape Maintenance District 39 and EXHIBIT B Specifications for the Maintenance of Lighting and Landscape Maintenance District 39 Parks. LLMD 39 Parks are as follows: •Silvertip Park - 904 Longview Dr. •Longview Park North - 1071 Longview Dr. •Longview Park South - 1631 Longview Dr. •Summitridge Mini Park – 1313 Summitridge Dr. •Stardust Park - 1323 Stardust Dr. Note: All maps and areas are approximant and actuals may vary. Page 320 of 655 7 PROPOSAL FORM LANDSCAPE MAINTENANCE SERVICES The undersigned as proposer declares that he has carefully examined each location of the proposed work, that he has examined the Specifications and read the accompanying instructions to proposers, and hereby proposes and agrees, if the proposal is accepted, to furnish all labor and equipment and do all work required by Specifications and Agreement. Name of Company: _____________________________________________________ Address: ______________________________________________________________ Phone/fax: ____________________________________________________________ Contact Person: ________________________________________________________ Years in business: ______________________________________________________ The undersigned proposer further understands that the City of Diamond Bar, California reserves the right to award all or any part of this bid without any obligation to the City. The City also reserves the right to waive any informality in proposals. Name of Contractor ________________________ By: ___________________ Date: ___________ Print Signature of Contractor Contract pricing for year one (1) must be firm fixed pricing. Pricing for subsequent contract years will be limited to the Consumer Price Index (CPI) for any such proposed price adjustment and shall not exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data for Los Angeles-Riverside-Orange County, California, All Items, Not Seasonally Adjusted, “annualized change comparing the original proposal month and the same month in the subsequent year. (March-March comparison). Page 321 of 655 8 Maintenance Services for LLMD39 and LLMD39 Parks Bid Item 1 Park/Location Address Monthly Cost 1. Longview Park South - LLMD 39 1631 Longview Dr. 2. Longview Park North - LLMD 39 1071 Longview Dr. 3. Stardust Park - LLMD 39 1323 Stardust Dr. 4. Silvertip Park and Trail - LLMD 39 904 Longview Dr. 5. Summitridge Mini Park- LLMD 39 1313 Summitridge Dr. 6. All Trails - LLMD 39 Various 7. All Fire Protection Area – LLMD 39 Various 8. All Other Locations – LLMD 39 Various TOTAL MONTHLY COST Page 322 of 655 Page 323 of 655 Page 324 of 655 Page 325 of 655 Page 326 of 655 Page 327 of 655 Page 328 of 655 Page 329 of 655 Page 330 of 655 1 REQUEST FOR PROPOSALS The City of Diamond Bar is seeking proposals from qualified contractors to provide professional Landscape Maintenance Services for the community. Landscape Maintenance Services Lighting and Landscape Maintenance District 41 Proposals Due: Tuesday, January 13, 2026 at 2:00pm City of Diamond Bar Public Works Department 21810 Copley Drive, Diamond Bar, CA 91765 (909) 841-7060 Page 331 of 655 2 I. GENERAL INFORMATION The City of Diamond Bar is soliciting proposals from qualified firms to provide regular landscape and maintenance services for the maintenance of Lighting and Landscape Maintenance District 41 (LLMD41). Maintenance responsibilities will include maintenance of parks, medians, parkways, slopes and trails within LLMD41. The purpose of this maintenance contract is to provide the City of Diamond Bar with the best landscape care to maintain the City at a level expected by the City’s residents, City Council, City staff, and visitors of the community. The selected contractor will work closely with the Maintenance Superintendent to ensure the most appropriate care and maintenance of the City’s LLMDs. It is the intent of the City to award a contract, in a form approved by the City Attorney, to the selected firm (see Exhibit “C”). The City reserves the right to further negotiate the terms and conditions of the contract. The City shall retain the right to reject any proposal for noncompliance with contract requirements and provisions, or to not award a contract because of unforeseen circumstances or if it is determined to be in the best interest of the City. This contract will be awarded based on demonstrated ability and performance providing similar services at a fair and reasonable cost. This contract may not be awarded to the company submitting the proposal with the lowest costs. The City Council will approve as part of the annual budget an annual contract amount. The City does not guarantee a specific amount of work and the quantity of work may increase or decrease depending on the annual needs of the City. The proposed contract will be for a period of three (3) years commencing July 1, 2026, with the option, at the City’s sole discretion, to award up to three (3) additional years upon successful demonstration of exemplary contract performance. II. PROPOSAL SUBMISSION INSTRUCTIONS Schedule Post RFP: November 12, 2025 Mandatory Job Walk: December 16, 2025 at 9:00am Questions Due Date: December 23, 2025 Proposal Due Date: January 13, 2026 at 2:00pm Tentative Award Date: April 2026 Start of Contract:July 1, 2026 The Mandatory Job Walk will be held at City Hall - 21810 Copley Drive. Diamond Bar CA 91765 on December 16, 2025 9:00am All proposals must be submitted via the City’s secure online bidding system (PlanetBids): by Tuesday, January 13, 2026 no later than 2:00pm. Page 332 of 655 3 III. INQUIRIES/QUESTIONS Contractors must carefully examine this RFP and any addenda that may be posted on the City’s secure online bidding system (PlanetBids) prior to submission of their proposal. Contractors must seek clarification of any ambiguity, conflict, omission or other error in this RFP in writing via the City’s secure online bidding system prior to submission of their proposal. If an answer materially affects the RFP, the information will be incorporated into an addendum and distributed to all contractors via the City’s secure online bidding system; no other contact shall be made by the City to contractors regarding addenda to the RFP. It shall be the contractor’s sole responsibility to check the City’s secure online bidding system (PlanetBids) to determine if any addenda have been posted prior to the proposal due date. All questions shall be submitted via the City’s secure online bidding system (PlanetBids). IV. SELECTION PROCESS Each proposal will be evaluated based on firm qualifications and the required submittals. Firm selection will be made by utilizing the criteria described in this document. Each firm will be evaluated on their qualification submissions. All firms will be notified as to the results of this evaluation. The evaluation criteria used in the selection process includes, but is not limited to, the following: A. Quality & Completeness of Proposal 1. Relevance & Conciseness of Proposal and Statement of Qualifications 2. Work Statement and Quality Control Plan B. Corporate Capability 1. Qualifications and experience of key personnel 2. Quantity and types of equipment 3. The ability of the firm to provide the proper insurance coverage 4. Financial ability of the firm to provide services to the City of Diamond Bar 5. Internal training program for employees. 6. Equipment 7. Greenwaste recycling capabilities 8. Requirement to execute City Contract per attached sample C. Reference Evaluation 1. Customer Service Record 2. Performance record of the firm relating to the Project Schedule of similar scale 3. Quantity and Quality of work previously performed 4. References D. Facility Evaluation 1. The firm’s customer service program Page 333 of 655 4 2. Equipment maintenance facility 3. The firm’s plan to recycle generated greenwaste from maintenance activities. G. Fee Schedule 1. An evaluation of the firm’s Fee Schedule V. REQUIRED QUALIFICATIONS TO BE SUBMITTED WITH PROPOSAL Award will be made to the firm who best meets the City’s requirements. All firms submitting proposals must hold a valid State of California C-27 Contractor’s License. Licenses must be in good standing without any official unresolved record of complaints registered or filed with the Board or California Department of Consumer Affairs. Proposals shall include a list of all key personnel that will be performing the work outlined in the contract. Personnel must be qualified and trained in the landscape maintenance industry. This will include the staffing of an on-site Superintendent who shall be fluent in the English language. At all times during contracted landscape maintenance activities, the firm shall have work crews on site that are represented by an English-speaking Superintendent who can receive and carry out instructions given by proper authorities. The firm shall be held liable for the faithful observance of any lawful instructions of the City, not in conflict with the contract, which may be delivered to said party or his representatives on the work. Proposals shall include a list of similar and separate Southern California municipal multi- year landscape maintenance contracts which have been successfully completed within the last five (5) years. Each project shall be of comparable size and scope of this project (descriptions of these projects and contact persons must be provided with proposal submission). Proposals shall include a Quality Control Plan with an effective and efficient means of identifying and correcting problems throughout the entire scope of operations. The successful contractor shall be required to comply with this quality control throughout the term of the contract. Contractors shall include with the proposal a copy of their current Safety Manual that meets SB 198 requirements for injury and illness prevention. VI. SUBMITTALS Firms wishing to have their proposals considered for this contract shall submit the following, as a minimum: A. Proposal form provided. See pages 7 and 8. B. A statement of firm’s qualifications applicable to this contract, including the following: 1. State of California Contractor’s License number and expiration date, C-27. Page 334 of 655 5 2. Names, qualifications and proposed duties of key personnel to be assigned to this project. The firm shall identify a full-time English speaking Site Superintendent, who is capable of communicating with any City representative and be authorized to act on behalf of the firm. 3. List of staff qualifications including but not limited to: a. California State Licensed Pest Control Advisor employed by the firm. b. California State Licensed Pest Control Applicator employed by the firm. c. Irrigation Technicians. 4. Technical ability and experience similar in scope to this contract. 5. Statement of past project disqualification(s) and litigation. 6. Quality Control Plan. 7. Customer Service Program. 8. Safety Training Program. 9. Industrial Safety Record. 10. Letters of Reference. C. A description of previous experience, including projects of similar nature. D. A detailed description of the proposed services to be performed along with schedules, list of key personnel, and vehicles that would be required to complete this project. E. Affirmative statement of compliance with indemnity and insurance. F. Affirmative statement of willingness to sign City Contract (See Exhibit “C”). G. A written description of the firm’s plan to report green waste generated and the method for its disposal. H. The firm must submit a proposed Quality and Cost Control Plan to enhance the service and responsiveness to the City. It should include the following: 1. The methodology in which the firm will handle complaints from the public and damage to public & private property 2. Effective means to correct problems. 3. The means the firm will use for completing the project I. Corporate and Financial Capability. The contractor shall be required to demonstrate to the satisfaction of the City that they have adequate financial resources to perform the services required by these specifications. No contract will be awarded to any contractor who, as determined by the City, has an unsatisfactory performance record or inadequate experience, or who at any time lacks the necessary financial resources to provide the services in strict accordance with the specifications. VII. INSPECTION OF SITE Page 335 of 655 6 Prior to submitting a proposal, Contractors must familiarize themselves with the work contemplated in the contract, and be responsible for any condition which adequate field inspection would have revealed. Submission of a proposal shall be deemed conclusive evidence that such examination has been made by each Contractor and shall constitute a waiver by each of all claims of error in the proposal, withdrawal of the proposal, or combination thereof, under the executed Agreement, or any revision thereof. The work to be done consists of furnishing all materials, equipment, transportation, tools, labor, and incidentals to provide Landscape Maintenance Services detailed in this contract as outlined throughout this proposal. VIII. SCOPE OF WORK Contractor shall perform services as listed in EXHIBIT A Specifications for the Maintenance of Lighting and Landscape Maintenance District 41. Note: All maps and areas are approximant and actuals may vary. Page 336 of 655 7 PROPOSAL FORM LANDSCAPE MAINTENANCE SERVICES The undersigned as proposer declares that he has carefully examined each location of the proposed work, that he has examined the Specifications and read the accompanying instructions to proposers, and hereby proposes and agrees, if the proposal is accepted, to furnish all labor and equipment and do all work required by Specifications and Agreement. Name of Company: _____________________________________________________ Address: ______________________________________________________________ Phone/fax: ____________________________________________________________ Contact Person: ________________________________________________________ Years in business: ______________________________________________________ The undersigned proposer further understands that the City of Diamond Bar, California reserves the right to award all or any part of this bid without any obligation to the City. The City also reserves the right to waive any informality in proposals. Name of Contractor ________________________ By: ___________________ Date: ___________ Print Signature of Contractor Contract pricing for year one (1) must be firm fixed pricing. Pricing for subsequent contract years will be limited to the Consumer Price Index (CPI) for any such proposed price adjustment and shall not exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data for Los Angeles-Riverside-Orange County, California, All Items, Not Seasonally Adjusted, “annualized change comparing the original proposal month and the same month in the subsequent year. (March-March comparison). Page 337 of 655 8 Maintenance Services for LLMD41 Bid Item 1 Park/Location Address Monthly Cost 1. All Fire Protection Areas – LLMD 41 Various 2. All Other Locations – LLMD 41 Various TOTAL MONTHLY COST Page 338 of 655 Page 339 of 655 Exhibit C – Consultant’s Letter dated May 29, 2026 Page 340 of 655 MCE Corporation • Employee Owned / Service Driven • www.mce-corp.com 1495 W. 9th Street, Suite 101 Upland, CA 91786 Office: (925) 803-4111 Fax: (925) 803-4405 Cell: (909) 973-7162 Epayloudakis@mce-corp.com CSLB License No. 439295 ________________________________________________________________________________ May 29,2026 Mr. Jason Williams Subject: Acceptance of Revised Funding Levels – Landscape Maintenance Districts 38, 39, and 41 Dear Mr. Williams, After reviewing the revised funding levels for the landscape maintenance districts, MCE is pleased to confirm our acceptance of the following annual contract amounts: • District 38 – $145,000 (Reduced Service Level as Negotiated) • District 39 – $330,000 (Per Original RFP Specifications) • District 41 – $225,000 (Per Original RFP Specifications) We understand the City's need to balance service expectations with available funding and appreciate the collaborative efforts throughout this process. MCE values its longstanding relationship with the City of Diamond Bar and remains committed to providing dependable, responsive, and high-quality landscape maintenance services. We take great pride in maintaining the City's landscape and helping preserve the appearance and quality of life that Diamond Bar residents and visitors enjoy. Our goal has always been to be a trusted partner to the City, and we look forward to continuing that partnership for years to come. We appreciate the City's willingness to work together in reaching a mutually beneficial solution and are pleased to move forward under the revised funding levels outlined above. MCE remains committed to maintaining open communication and working closely with City staff to ensure the continued success of these landscape maintenance districts. Sincerely, Manny Payloudakis MCE Corporation Page 341 of 655 Agenda Item #: 6.20 Meeting Date: June 16, 2026 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager SUBJECT: Consulting Services Agreements for On-Call Traffic and Transportation Engineering Services. STRATEGIC GOAL: Safe, Sustainable and Healthy Community RECOMMENDATION: A. Approve, and authorize the City Manager to sign, the Consulting Service Agreement with Fehr and Peers, Inc. for On-Call Traffic and Transportation Engineering Services through June 30, 2029; B. Approve, and authorize the City Manager to sign, the Consulting Service Agreements for On-Call Traffic and Transportation Engineering Services through June 30, 2029; and C. Approve, and authorize the City Manager to sign, the Consulting Service Agreements with ADVANTEC Consulting Engineers, Inc. for On-Call Traffic and Transportation Engineering Services through June 30, 2029. FINANCIAL IMPACT: For Fiscal Year 2026/27, the Public Works Operating Budget includes $160,000 for on-call traffic engineering consultant services. The Agreements including allocating a not-to-exceed amount of $80,000 to Iteris, Inc. for Intelligent Transportation Systems (ITS), Traffic Management System (TMS), traffic signal operations, and related transportation engineering support services. The Agreements also allocate a not-to-exceed amount of $100,000 each to Fehr & Peers and ADVANTEC Consulting Engineers, Inc., consisting of $40,000 each from the Public Works Operating Budget for transportation planning, Vehicle Miles Traveled (VMT) analysis, traffic studies, traffic impact reviews, general traffic engineering services, and other transportation-related assignments. An additional $60,000 may be utilized for private development project review services or other projects, including traffic impact analysis and plan check reviews. Costs associated with private development project services will be fully reimbursed through developer deposits or from those projects. Adequate funding will be requested in the operating budgets for future fiscal years. BACKGROUND: To augment the city’s professional services, multiple traffic and transportation engineering consultants have been utilized by staff on an as-needed basis. The current consultant service agreements will expire on June 30, 2026. Page 342 of 655 Agenda Item #: 6.20 Meeting Date: June 16, 2026 Given the scope of services required to support Public Works operations and transportation-related projects throughout the City, it is beneficial to maintain consultants with specialized technical expertise and the ability to respond efficiently to a broad range of transportation engineering, planning, ITS, signal operations, and development review assignments. Maintaining a diversified consultant structure will allow the City to effectively address ongoing operational needs, support capital improvement projects, and respond to emerging transportation-related issues in a timely manner. Additionally, retaining three (3) consultants enables the City to efficiently solicit the required three (3) quotes per the City’s Purchasing Ordinance prior to awarding work for certain public projects. The scope of services to be provided may include: • Geometric and Traffic Signal Design • Environmental and Traffic Impact Analysis Report Preparation and Review • Conduct Studies and Report Preparation • Traffic Management System Support • Signal Timing • Adaptive Traffic Control System (ATCS) Support • Transportation System Planning • Traffic Signal Operation and Coordination Studies • Congestion Management Program (CMP) Data Preparation • Project Management and Construction Support • Public Meetings • Intelligent Transportation Systems (ITS) Design • Traffic Data Collection • Freeway/Regional Traffic Modeling Services • General Plan Preparation & Review Services • Funding and Grant Support Services, and • Other related services as requested by the City, which pertain to development and capital projects. ANALYSIS: On February 24, 2026, the City issued a Request for Proposals (RFP) inviting qualified consultants to submit proposals for traffic and transportation engineering services on an as-needed basis. A total of fifteen (15) proposals were received on March 17, 2026, from the following consulting firms: 1. ADVANTEC Consulting Engineers, Inc. 2. AGA Engineers, Inc. 3. Bowman Consulting Group, Inc. 4. Fehr and Peers 5. General Technologies and Solutions (GTS) 6. GHD, Inc. 7. Iteris, Inc. 8. Kimley Horn and Associates, Inc. 9. Kittelson & Associates, Inc. 10. LIN Consulting, Inc. 11. Linscott Law & Greenspan, Engineers 12. Minagar & Associates, Inc. 13. RKA Consulting Group 14. TJKM Transportation Consultants, and 15. Transtech Engineers, Inc. City staff independently reviewed and evaluated each proposal based on the evaluation criteria identified in the RFP using the following evaluation criteria: Page 343 of 655 Agenda Item #: 6.20 Meeting Date: June 16, 2026 • Staff Qualifications • Firms Qualifications • Approach/Methodology • Level of Effort (Staffing commitment and time allocation) • Ability to meet the City’s schedule and expectations • Relevant References (Record of performance) • Firm’s comments on the consulting service agreement The Public Works staff evaluation panel unanimously recommends entering into three (3) year agreements for on-call traffic and transportation engineering services with Fehr & Peers, Iteris, Inc., and ADVANTEC Consulting Engineers, Inc., with the option to extend the agreements for one (1) additional two (2) year term upon mutual consent of both parties. Any proposed extension would be presented to the City Council for review and consideration prior to approval. Each of these consultants has previously worked for the City, successfully delivering projects and services. The firms also possess broad experience with other municipalities and agencies, bringing a diverse knowledge base in local and regional municipal work. Principal-level, Associate-level, and operational support staff are the personnel classifications most commonly used for the transportation engineering services that the City of Diamond Bar typically requires. Based on the fee proposals submitted by the fifteen (15) responding consultants, the hourly billing rates generally ranged from approximately $218/hour to $460/hour for Principal-level staff and from approximately $120/hour to $290/hour for Associate and operational support staff. Staff anticipates that the majority of routine on-call assignments will primarily involve Project Managers, Senior Engineers, Associate Engineers, and operational support staff. Staff determined that Fehr & Peers, Iteris, Inc., and ADVANTEC Consulting Engineers, Inc. provide an appropriate balance of specialized expertise, operational support capabilities, responsiveness, and overall value for the City’s anticipated transportation engineering service needs. Consultant Principal (hourly) Associate/Field Support (Hourly) Fehr and Peers $265 - $460 $215 - $290 Iteris, Inc. $258 - $464 $139 - $189 ADVANTEC $410 $145 - $160 Fehr & Peers (Attachment 1) is currently under contract with the city for on-call traffic and transportation engineering services and has provided valuable support for transportation planning and traffic engineering assignments, including support services related to the SR-60/57 Confluence Project PS&E, regional traffic analysis, and transportation planning support efforts. Fehr & Peers provides specialized expertise in transportation planning, CEQA-related transportation studies, and Vehicle Miles Traveled (VMT) analysis services that support development review and regional transportation coordination efforts. Continued use of Fehr & Peers is necessary to maintain continuity, support ongoing coordination and technical analysis, and ensure consistent and timely completion of these active transportation-related projects and planning efforts. Iteris, Inc. (Attachment 2) is currently under contract with the City for on-call traffic and transportation engineering services and has consistently provided responsive and technically sound support services, including maintaining and optimizing the citywide traffic signal timing coordination and synchronization system, traffic signal communication integration and communication troubleshooting, and ongoing support for the City’s Traffic Management System (TMS) and Adaptive Traffic Control System (ATCS). Due to the specialized nature of these systems and Iteris’ existing familiarity with the city’s traffic signal infrastructure and communications network, continued use of Iteris is necessary to maintain continuity, support ongoing system operations and adaptive signal timing efforts, minimize transition risks, and ensure efficient completion of active ITS-related projects and coordination efforts. Page 344 of 655 Agenda Item #: 6.20 Meeting Date: June 16, 2026 ADVANTEC Consulting Engineers, Inc. (ADVANTEC) (Attachment 3) demonstrated strong qualifications and extensive experience in providing on-call traffic and transportation engineering services to public agencies throughout Southern California, including prior support services for the City of Diamond Bar. ADVANTEC provides responsive and cost-effective local support for day-to-day traffic engineering, operational reviews, field coordination, traffic studies, plan checking, and design support services. The firm’s local office proximity to City Hall allows for efficient coordination with City staff, rapid response to operational and field-related issues, and timely support for ongoing transportation-related assignments. As part of the evaluation process, staff contacted the Cities of Anaheim, Upland, and Corona to obtain references regarding ADVANTEC’s performance on similar municipal assignments. Feedback from all three agencies was positive and highlighted the firm's responsiveness, technical competence, professionalism, and ability to deliver quality services in a timely manner. Staff determined that ADVANTEC’s combination of local presence, municipal traffic engineering experience, operational support capabilities, technical expertise, positive client references, and competitive fee structure provides strong value to the City for routine on-call transportation engineering services requiring responsiveness, coordination, and cost-effective service delivery. Compensation for these traffic and transportation engineering services will be billed in accordance with the appropriate classification of service provided pursuant to each consultant’s approved fee schedule. LEGAL REVIEW: The City Attorney has reviewed and approved the Agreements as to form. PREPARED BY: Christian Malpica, Associate Engineer, Public Works ATTACHMENTS: 1. Consultant Services Agreement - Fehr and Peers 2. Consultant Services Agreement - Iteris, Inc. 3. Consultant Services Agreement -ADVANTEC Consulting Engineers, Inc. Page 345 of 655 1 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT (the "Agreement") is made as of June 16, 2026 by and between the City of Diamond Bar, a municipal corporation ("City") and Fehr and Peers, a California corporation ("Consultant"). 1. Consultant's Services. Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the Traffic and Transportation Engineering services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. David G. Liu, Public Works Director/City Engineer (herein referred to as the “City’s Project Manager”), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City’s Project Manager to the extent required by the City’s Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City’s Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect July 1, 2026, and shall continue until June 30, 2029 unless earlier terminated pursuant to the provisions herein. The City shall have the option to extend this Agreement for one (1) additional two (2) year term, subject to the same terms and conditions contained herein, by giving Consultant written notice of the exercise of this option at least thirty (30) days prior to the expiration of the initial Term. In the event the City exercises its option to extend the Term, Consultant's compensation shall be subject to an adjustment upon the effective date of extension as follows: Consultant’s rates shall be fixed during the initial Term of this Agreement. Rate increases in compensation will be only considered in the event the City exercises its option to extend the Agreement and apply as of July 1, 2029. Any rate increase will be negotiated between the City and the Consultant, but in no event shall the increase exceed the amount that the Consumer Price Index ("CPI") for the Los Angeles - Anaheim-Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") as reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. Page 346 of 655 2 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed One Hundred Thousand Dollars ($100,000) per Fiscal Year without the prior written consent of the City. The above not-to-exceed amount shall include all costs, including but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. 4. Payment. A. Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. Payment will be made only after submission of proper invoices. D. City will pay Consultant the amount property invoiced within 35 days of receipt. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. 7. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent, except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is Page 347 of 655 3 audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws. D. Consultant shall, at Consultant’s sole cost and expense, fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Consultant’s failure to comply with this Section. 8. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. To the maximum extent permitted by Civil Code section2782.8, Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Workers’ Compensation Act and other employee benefit acts with respect to Consultant’s employees or Consultant’s contractor’s employees arising out of Consultant’s work under this Agreement; and (2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its Page 348 of 655 4 sole discretion find Consultant’s legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third-party indemnification rights of any kind. (3) To the fullest extent permitted by law, the Consultant agrees to indemnify and hold indemnitees entirely harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property caused by the negligent professional act or omission in the performance of professional services pursuant to this Agreement. 10. Insurance. A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) A policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) Property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) Automotive liability insurance written on an occurrence basis covering all owned, non-owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater; and (5) Professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a combined single limit of $1,000,000. If such insurance is on a claims made basis, Consultant agrees to keep such insurance in full force and effect for at least five years after termination or date of completion of this Agreement. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property Page 349 of 655 5 damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) days prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Consultant fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant. I. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. Page 350 of 655 6 11. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 12. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 14. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Page 351 of 655 7 15. Termination. The City may terminate this Agreement with or without cause upon thirty (30) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the thirtieth (30th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 16. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. 17. Non-Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. 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. C. 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. 18. Time of Completion. Consultant agrees to commence the work provided for in this Agreement within (5) days of being notified by the City to proceed and to diligently prosecute completion of the work during the term. 19. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 20. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Page 352 of 655 8 Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Consultant’s control. If Consultant believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Consultant be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 21. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 22. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 23. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. 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. 24. Reserved. 25. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 26. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. Page 353 of 655 9 “CONSULTANT” “CITY” Fehr and Peers City of Diamond Bar 101 Pacifica., Suite 300 21810 Copley Drive Irvine, CA 92618 Diamond Bar, CA 91765-4178 Attn.: Attn.: Daniel Fox, City Manager Phone: Phone: (909) 839-7010 E-mail: E-mail: dfox@diamondbarca.gov 27. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. The venue for any action brought under this Agreement shall be in Los Angeles County. 28. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 29. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Consultant" "City" CITY OF DIAMOND BAR By: ______ By: Printed Name________________ Dan Fox, City Manager Title: ___________________________ By: ATTEST: Printed Name: Title: Kristina Santana, City Clerk Approved as to form: By: Omar Sandoval, City Attorney Steven J Brown Sr. Vice-President Steven J Brown 949 308-6321 S.Brown@fehrandpeers.com Page 354 of 655 10 *NOTE: If Consultant is a corporation, the City requires the following signature(s): -- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. Page 355 of 655 Professional On-Call Traffic and Transportation Engineering Services City of Diamond Bar Prepared for: City of Diamond Bar Department of Public Works Submitted on: March 17, 2026 Submitted by: Fehr & Peers EXHIBIT A Page 356 of 655 Technical Proposal Table of Contents Technical Proposal A Page 3 Cover Letter B Page 4 Firm Background C Page 6 Key Staff D Page 11 Approach & Methodology E Page 15 Qualifications & References F Page 18 Terms & Conditions G Page 18 Statement of Availability This proposal reads like a book. We’ve adjusted the settings to two-page spread view to make your digital reading experience more enjoyable. Happy reading! Professional On-Call Traffic and Transportation Engineering Services2 Page 357 of 655 A. Cover Letter Re: Professional On-Call Traffic and Transportation Engineering Services Dear Christian Malpica: &or over foìr decadesĦ &e°r š Peers °as provided transportation engineering services across Californiaĥ Our sole focus on transportation uniquely positions us to support the City of Diamond Bar across a broad range of transportation projects. Over the past 20 years, we have supported the City on a range of transportation initiatives, including t°e SZ-ĖĘIJėđ Conflìence Pro¼ectĦ Citþ Zeport CardsĦ t°e 'eneral Plan hpdateĦ and t°e daptive Traffic Control System Implementation. Through this work, we have built a strong working relationship with City staff and supported efforts to deliver thoughtful, innovative solutions that improve Diamond Bar’s transportation system. Transportation systems continue to evolve as new technologies, policies, and funding programs emerge. T°ese c°anges create ’ot° opportìnities and c°allenges for agencies as t°eþ planĥ &e°r š Peers ’rings deep experience with emerging trends such as big data and autonomous vehicles and has helped lead Senate Bill 743 (vehicle miles traveled) analysis and implementation statewide. Our expertise and ongoing internal research have and will continue to support the City in staying ahead of these changes and making informed transportation decisions. We bring the strength of over 100 professional staff in Southern California and over 400 staff throughout the company. This gives us the ability to quickly and easily identify and employ the proper expertise for any transportation-related needs as they arise. Our multidisciplinary expertise and innovative problem- solving skills have enabled us to successfully deliver both regional and local projects, and we take pride in bringing these pioneering creative solutions to, and serving as a trusted advisor for the City of Diamond Bar. Steve Brown, TE Principal February 25, 2026 2025 Client Feedback Client survey results show we consistently met or exceeded expectations: 99% in quality 98% in value 99% in service 100% say they would use us again As Principal-in-Charge, Anna Luo is personally committed to delivering high-quality and responsive service to the City of Diamond Bar. Anna will serve as the City’s primary contact and will be supported by Baldwin Ngai, Project Manager and experienced technical leads in various transportation planning and engineering discipline areas. We look forward to our continued collaboration and shared success with the City of Diamond Bar. If you have any questions regarding our submittal, please do not hesitate to contact Anna at (949) 308-6307 or a.luo@fehrandpeers.com. Sincerely, &E-Z š PEEZS City of Diamond Bar 3 Page 358 of 655 &e°r š Peers is a transportation planning and engineering firÇ øit° ēĖ offices and over ĕđđ staff nationwide. Since 1985, we’ve partnered with public and private clients to design safer, more effective ways for people and goods to move, creating spaces where everyone can thrive, today and for generations to come. Bringing together data, technology, and the lived experiences of the communities we serve, we help clients Ça¾e confidentĦ øell-inforÇed decisionsĥ Along the way, we’ve earned national recognition for raising the bar on how transportation projects are planned, designed, and delivered. Many of our first clients still trìst ìs øit° t°eir transportation needs after decades of collaboration, a testament to the strong partnerships we build and the innovative mindset we bring to every project. We don’t just follow trends, we help clients anticipate what’s next. With a blend of multimodal expertise, national perspective, and local insight fueled by our strong and longstanding relationships, we tailor solutions across a wide range of services to meet each community’s unique needs. Our Services • Active Transportation • CliÇate Zesilience š Evacìation • CoÇÇìnitþ EngageÇent š EÜìitþ • Complete Streets • Curbside Management • Data Science • Emerging Technologies • Engineering š esign • &reig°t š 'oods DoveÇent • Grant Funding • >and hse š Transportation • Multimodal Operations Analysis • Parking • Pì’lic >ands š Zecreation • Safe Routes to School • Safe SþsteÇ š sision ero • Sports senìes š Special Events • Transit Planning • Transportation Demand Management • Transportation Economics • Travel Behavior Forecasting • sisìal Storþtelling • sDT /Çpacts B. Firm Background Professional On-Call Traffic and Transportation Engineering Services4 Page 359 of 655 Experience with the City of Diamond Bar &e°r š Peers assisted t°e Citþ of iaÇond ar ’þ providing peer revieø for t°e SZ-ĖĘIJėđ Conflìence Project back in 2006, and we have continued to work closely with City staff for the past 20 years. We developed a citþøide traffic siÇìlation Çodel t°at covers all freeøaþ facilities and Ça¼or arterials øit°in the City Limit and conducted a comprehensive assessment of the potential improvement alternatives for the SR-57/60 Confluence as well as city streets. We collaborated with City staff to identify additional improvement strategies such as project phasing/prioritization, local streets improvements, and missing connector to resolve regional traffic iÇpact on Citþ streetsĦ ø°ic° øas t°en inclìded in t°e SZ-ĖĘIJėđ Confluence Project and the SCAG’s Supplemental Study. &e°r š Peers assisted iaÇond ar in developing t°e ’i-annìal Citþ Do’ilitþ Zeport Card to evalìate effectiveness of signal timing improvements. Using big data, we supported the City in monitoring congestion impacts from construction activities. In addition, we worked closely with City staff in developing and iÇpleÇenting t°e daptive Traffic Control SþsteÇ ĺTCSĻ and t°e Eeig°’or°ood Traffic Management Program (NTMP). We also coordinated with the City’s Planning Department and prepared the Circulation Element for the City’s General Plan Update. In addition, we have assisted the City in providing peer revieø on nìÇeroìs traffic stìdies and design plansĥ Agency Experience Diamond Bar Caltrans SCAG LA Metro Anna Luo X X X X Baldwin Ngai X X X X Steve Brown X X X X Claude Strayer X X X X Paul Herrmann X X X Jolene Hayes X X X X Matt Benjamin X X X Diwu Zhou X X X X Trevor Lien X X Brian Wolfe X X X Biling Liu X X X X City of Diamond Bar 5 Page 360 of 655 C. Key Staff Baldwin Ngai PROJECT MANAGER/ITS LEAD Anna Luo TE PRINCIPAL-IN-CHARGE Matt Benjamin ATP LEAD Jolene Hayes PE, AICP GRANT LEAD Diwu Zhou PE, RSP1 TRAFFIC SAFETY Claude Stayer PE, RSP1 DESIGN LEAD Paul Herrmann TE VMT/CEQA LEAD Trevor Lien TRAFFIC STUDIES Biling Liu MODELING Brian Wolfe TRAFFIC STUDIES Steve Brown TE PROJECT ADVISOR Organizational Chart Professional On-Call Traffic and Transportation Engineering Services6 Page 361 of 655 Anna Luo, TE PRINCIPAL | PRINCIPAL-IN-CHARGE 30% AVAILABLE nna ’rings tøo decades of eýperience in traffic iÇpact stìdiesĦ transportation operational analyses using microsimulation tools, transportation performance monitoring, and big data applications. She has managed numerous highway planning and transportation analysis projects across Southern California and delivered transportation performance monitoring programs for a variety of regional and local agencies. nna focìses on °elping coÇÇìnities ’enefit froÇ innovativeĦ data-driven transportation solìtions ø°ile delivering pro¼ects efficientlþ and øit°in ’ìdgetĥ S°e °as øor¾ed øit° t°e Citþ of iaÇond ar for Çore t°an ēđ þears and °as led t°e &e°r š Peers teaÇ on Çìltiple Ça¼or initiativesĦ inclìding developÇent of the City’s Congestion Report Card. Her most recent work for the City includes leading the Diamond Bar Adaptive Signal Project and supporting the City through its on-call transportation services contract. Baldwin Ngai SENIOR ENGINEER/PLANNER | PROJECT MANAGER 40% AVAILABLE Baldwin is an experienced transportation project manager with eight years of eýperience delivering traffic operations analþsisĦ transportation related PSšEĦ and Intelligent Transportation System (ITS) projects for Southern California agencies. He has led corridor- level /TS planningĦ traffic signal sþsteÇ designĦ and dvanced Traffic DanageÇent SþsteÇ deploþÇentsĦ inclìding integration of signal coÇÇìnicationsĦ fi’er netøor¾sĦ video detectionĦ CCTsĦ and traffic management center operations. His recent work includes managing smart corridor implementation planning, signal priority upgrades, and development of controller standards that balance safety and operational performance. As a resident of the Diamond Bar area, Baldwin brings strong local knowledge and a clear understanding of the City’s roadway network and community context. This perspective supports responsive service and practical solutions that improve day-to-day operations while advancing long- term system improvements. Brief Biographies RELEVANT PROJECT EXPERIENCE • City of Diamond Bar On-Call • Diamond Bar Adaptive Signal Project • OCTA Congestion Management Program • City of Tustin Newport Connection • City of Irvine Bikeway Study • > Detro sDT Ditigation PrograÇ • State Route 55 Widening (I-5 to SR-91) PA/ED RELEVANT PROJECT EXPERIENCE • G Line (Orange Line) BRT Improvements Project • ear salleþ Zoad SÇart Corridor Implementation Planning • City of Irvine Leading Pedestrian Interval Standardization • Traffic Safetþ 'ìidelines hpdate • ATMS Phase 1 (Rancho Cucamonga, CA) City of Diamond Bar 7 Page 362 of 655 Claude Strayer, PE, RSP1 PRINCIPAL | DESIGN LEAD 30% AVAILABLE Claude brings 16 years of transportation design engineering experience, delivering practical, implementation-ready solutions for communities across a wide range of project types. His work spans bicycle and pedestrian facilities, signing and striping, Safe Routes to Sc°ool iÇproveÇentsĦ traffic signal ìpgradesĦ øaþfindingĦ and pì’lic engageÇentĥ -e °as led Çìltidisciplinarþ teaÇs on teÇporarþ traffic controlĦ roadøaþ and sideøal¾ designĦ and lig°ting pro¼ectsĦ and sìpports clients øit° traffic analþsisĦ par¾ing and circìlation stìdiesĦ and sc°ool ąone safetþ evalìationsĥ Claìde led t°e &e°r š Peers teaÇ on t°e developÇent of t°e dvanced Traffic Control System project for the City of Diamond Bar, guiding the effort from concept through coordinated delivery. Paul Herrmann SENIOR ASSOCIATE | VMT/CEQA LEAD 30% AVAILABLE Paul brings 16 years of experience in transportation engineering and transportation planning, delivering defensible transportation impact analysis and SB 743 iÇpleÇentation for California agenciesĥ -e °as led sDT forecastingĦ t°res°old developÇentĦ and guideline updates for cities including Diamond Bar, Corona, Santa Ana, Anaheim, and Eastvale, and currently provides on-call peer review of CEQA transportation studies to support consistent application of adopted standardsĥ Paìl is also an active Çeǒer of t°e &e°r š Peers S ĘĕĔĦ Evacìation PlanningĦ and Parking and Land Use in Transportation Discipline Group which meet on evolving industry’s best practices. Steve Brown, TE PRINCIPAL | PROJECT ADVISOR 20% AVAILABLE Steve is a Senior Principal with 38 years of experience in transportation planning and engineering. In addition to his 25 years of consulting experience, Steve previously served as the Director of Transportation Planning for the City of Sacramento. He has managed projects in eig°t states inclìdingħ transportation Çaster plansĦ traffic calÇingĦ par¾ing and circìlation stìdiesĦ bicycle and pedestrian facility plans, and corridor studies. Steve has worked closely with the City of Diamond Bar since 2006, most recently supporting the city through its on-call transportation services RELEVANT PROJECT EXPERIENCE • City of Diamond Bar On-Call • Citþ of everlþ -ills On-Call Traffic Engineering Services • Diamond Bar Interchange Study • Diamond Bar Report Card • METRO, SR 91 (Central to Acacia) PA/ED RELEVANT PROJECT EXPERIENCE • Citþ of everlþ -ills On-Call Traffic Engineering Services • City of Santa Ana Standard Avenue Bikeway • City of Diamond Bar Adaptive Design ATCS • Citþ of testÇinster Dendeą Trail PSšE • TeÇple -ills rive Traffic CalÇing RELEVANT PROJECT EXPERIENCE • iaÇond ar 'eneral Plan hpdate š E/Z • S ĘĕĔ /ÇpleÇentation and sDT /Çpact 'ìidelines ĺna°eiÇĦ Santa naĦ š EastvaleĻ • Corona On-Call CEQA Transportation Impact Study Peer Review • Eastvale On-Call Technical Study Peer Review Professional On-Call Traffic and Transportation Engineering Services8 Page 363 of 655 Matt Benjamin PRINCIPAL | ATP LEAD 30% AVAILABLE Over the past 24 years, Matt has advanced transportation planning across the public, nonprofitĦ and private sectorsĦ ’ringing an iÇpleÇentation-focìsed approac° to coÇpleý Ço’ilitþ c°allengesĥ t >os ngeles DetroĦ °e led developÇent of t°e agencþŅs first icþcle Par¾ing Plan and °elped integrate t°e TP card øit° ’i¾e loc¾ers and fìtìre Ço’ilitþ °ì’sĥ s t°e first Planning and Policy Director for the Los Angeles County Bicycle Coalition, he strengthened the region’s active transportation voice and policy impact. Since 2007, Matt has led many of Southern California’s most high- profile active transportation planning and design efforts and noø leads t°e ctive Transportation practice for &e°r š Peers in Soìt°ern CaliforniaĦ °elping clients deliver saferĦ Çore connected ÇìltiÇodal netøor¾sĥ Jolene Hayes PRINCIPAL | GRANT LEAD 20% AVAILABLE Jolene is a Principal who has spent more than 25 years advancing transportation, land use, and goods movement projects from concept through funding and implementation. She has successfully secured federal and state competitive grants, including RAISE, Mega, PIDP, TCEP, CMAQ, TIGER, and FASTLANE awards, supporting projects ranging from multimodal corridor improvements to major freight and interchange infrastructure. Notably, she previously led preparation of a FASTLANE grant for the SR 60/57 Convergence in Diamond Bar, bringing direct knowledge of the CitþŅs fìnding landscapeĥ 9olene develops strong grant narrativesĦ oversees ’enefit-cost analþsesĦ and defines clear perforÇance Çetrics to °elp pro¼ects coÇpete sìccessfìllþ for fìndingĥ RELEVANT PROJECT EXPERIENCE • City of Diamond Bar FASTLANE Grant • World Logistics Center • Adams Industries Transload Facility • Pier B Rail Yard Expansion, Port of Long Beach • -arneþ taþ ìsøaþ š Cþcle Trac¾ Z/SE 'rant RELEVANT PROJECT EXPERIENCE • LA Metro Active Transportation Strategic Plan • Citþ of Doreno salleþ Citþøide Pedestrian Safety Study • The Anaheim Resort Mobility Study • LA Metro Rail-to-River Active Transportation Corridor Design Diwu Zhou, RSP1 ASSOCIATE | TRAFFIC SAFETY 40% AVAILABLE iøì is an ssociate specialiąing in traffic safetþ planningĦ ’ig data analþsisĦ and safetþ-focìsed traffic operationsĥ -e ’rings deep eýpertise in applþing t°e Safe SþsteÇ approach, systemic safety analysis, and Highway Safety Manual methodologies to identify and prioritize effective safety improvements. Diwu has led development of Local Road Safety Plans and secured more than $15 million in HSIP and SS4A funding for California agencies, pairing rigorous data analysis with meaningful community engagement. RELEVANT PROJECT EXPERIENCE • San ernardino Coìntþ >ZSP š -S/P 'rants • SR-55 Safety Assessment • County of Orange CSAP, HSIP, and SS4A Grants • Canþon >a¾e >ZSP š -S/P 'rant • Alameda County Safe Routes to School City of Diamond Bar 9 Page 364 of 655 Brian Wolfe TRANSPORTATION ENGINEER/PLANNER | TRAFFIC STUDIES 30% AVAILABLE Brian is a Transportation Engineer and Planner who supports cities and agencies with t°oroìg°Ħ data-driven traffic stìdies and operational analþsisĥ -is eýperience inclìdes intersection and corridor level of service analþsisĦ ÇicrosiÇìlation ÇodelingĦ CEY sDT assessÇentsĦ and signal warrant evaluations in accordance with State and Caltrans procedures. Brian has contributed to interchange studies, downtown circulation plans, and signal timing improvements, helping agencies understand operational tradeoffs and identify practical, implementable solutions. Trevor Lien SENIOR ENGINEER/PLANNER | TRAFFIC STUDIES 40% AVAILABLE Trevor is a Senior Engineer and Planner with 10 years of experience delivering data- driven traffic stìdies and ÇìltiÇodal transportation analþsis across Soìt°ern Californiaĥ -e ’rings strong eýpertise in traffic iÇpact analþsisĦ sDT ÇodelingĦ CEY docìÇentationĦ and circulation planning, supporting cities with defensible, clearly documented technical work that informs sound decision-making. Trevor has led intersection and corridor analyses, General Plan Circulation Element updates, and multimodal implementation strategies that integrate safety, operations, and legislative requirements. Biling Liu ENGINEER/PLANNER | MODELING 40% AVAILABLE Biling is an Engineer and Planner with eight years of experience in travel demand modeling, forecasting, and transportation data analysis, including six years with Fehr š Peersĥ S°e °as developed and applied regional and sì’area Çodels for agencies sìc° as SC'Ħ OCTA, SBCTA, and WRCOG, supporting Regional Transportation Plans, corridor studies, and SB 743 iÇpleÇentationĥ iling ’rings deep eýpertise in sDT forecastingĦ Çodel validationĦ and scenario testingĦ as well as microsimulation using tools such as TransModeler. RELEVANT PROJECT EXPERIENCE • 9ìrìpa salleþ Citþøide &reig°t nalþsis š Mobility Element Update • OCTA Mobility Hubs StudyGuidelines • City of Murrieta General Plan Circulation Element Update • LADOT Safe Routes for Seniors RELEVANT PROJECT EXPERIENCE • I-15 Cajon Pass Truck Climbing Lanes Extension PID and PA/ED • OCTA TransModeler Support Services • /-Ēđ Oa¾ salleþ /nterc°ange PIJE • City of Beaumont Signal Timing Updates • salleþ oìlevard Signal tarrant nalþsis RELEVANT PROJECT EXPERIENCE • SCAG Heavy-Duty Truck (HDT) Model Update • /-Ēđ š Oa¾ salleþ Par¾øaþ /nterc°ange Improvement PA/ED • S'sCO' sDT /ÇpleÇentation Stìdþ • SBCTA I-15 Express Lanes • tZCO' Z/sTD Dodel hpdate Professional On-Call Traffic and Transportation Engineering Services10 Page 365 of 655 D. Approach & Methodology Traffic Engineering/Studies CEQA/NEPA/ Transportation Studies We have over 40 years of experience in preparing general plans and transportation planning studies across California, including studies in support of the project approval/environmental documents for Caltrans projects. In addition, we provide peer revieø services for traffic stìdies for Caltrans projects on behalf of other local agencies and have provided peer review services for Diamond Bar since 2006, including support for the SR-57/60 Confluence Project. Our focus will be providing sound transportation system planning; a detailed understanding of the CitþŅs traffic circìlation needsĨ ’ìilding consensìs between various stakeholders; and ensuring that the technical documents meet CEQA and NEPA requirements and can easily be understood by decision makers, grant reviewers, and the public. Since the adoption of Senate Bill 743 (SB 743), Fehr š Peers °as ’een at t°e forefront of sìpporting cities throughout California in development, adoptionĦ and application of sDT Çetrics and thresholds. We are currently assisting a multitude of cities, counties, and MPOs, both large and small, to ensure land use and transportation projects are compliant with adopted policies and guidelines. We will assist Diamond Bar in reviewing transportation studies for development and transportation projects to meet California Environmental Quality Act (CEQA) and SB 743 requirements. Traffic Operations/Traffic Control Evaluation &e°r š Peers is a nationallþ recogniąed leader in traffic operations and siÇìlationĥ te ìse traffic operations/simulation services to investigate and evalìate t°e iÇpacts of Çodifications to t°e transportation network, such as road geometry, traffic controlĦ and traffic signal operationsĥ T°ese analyses can assess potential impacts without disrìpting traffic operationsĦ iÇpleÇenting costlþ measures, or causing unnecessary change for Çotorists ’efore a design is finaliąedĥ te ìse Sþnc°roĦ SiÇTrafficĦ s/SS/DĦ and TransDodeler to analyze existing and future conditions for comparisons. The results of our work form the basis for conclusions and recommendations to solve a range of transportation problems in areas sìc° as freeøaþ and arterial sþsteÇsĦ traffic signal operations, intelligent transportation systems, and interface between autos and other travel modes (e.g., light rail, bus, rapid transit, heavy vehicles, cycling, and walking). We are very familiar with the Intersection Safety and Operational Assessment Process (ISOAP) required by Caltrans and have prepared multiple ISOAP documents for various local agencies via a data-driven, performance-based framework incorporating the Safe System Approach to screen intersection strategies and identify optimal solutions for new or improved intersections, typically at the ramp intersections. Speed Studies/Safety Assessments &e°r š Peers partnered øit° /TEĦ t°e sision ero Network, and Leidos to work with the Federal -ig°øaþ dÇinistration Office of Safetþ to develop educational materials (a brochure, a training course, and a video) launching FHWA’s Safe System approach. The team also authored the national guidance document on how to pivot Strategic Highway Safety Plans and Highway Safety Improvement Programs to be consistent with the Safe System approach. City of Diamond Bar 11 Page 366 of 655 We have extensive experience in supporting jurisdictions throughout California as they develop and implement Local Roadway Safety Plans, SS4A fìnded sision ero Safetþ ction PlansĦ Safe Routes to School Plans, Active Transportation Plans, and HSIP projects. Most recently, we have been pioneering work related to the systemic approach to safety through Caltrans’ Systemic Safety Analysis Report Program. We created the award-winning Pedestrian Safety Assessment program now in use throughout California and teach multi-modal safety and complete streets courses at the regional, state and national level, including most recently for Caltrans and FHWA. &e°r š Peers is cìrrentlþ øor¾ing øit° &-tĦ advising the agency on how best to integrate Safe System principles into their existing programs, such as Strategic Highway Safety Plans (SHSP), the Highway Safety Improvement Program (HSIP), and Local Roadway Safety Plans (LRSP). We will leverage our insight and expertise in safety principles to assist the City of Diamond Bar in safety-related assessments. We have developed internal tooling for data- driven safety analysis to support jurisdictions in leveraging safety-oriented legislation such as  ĕĔ and applþing conteýt specific speed management strategies to better align speed- setting practices with goals to improve safety. Grant Application Support To dateĦ &e°r š Peers °as sìccessfìllþ °elped agencies and their stakeholders with nearly 100 grant funding pursuits, totaling awards of over $450 million. Our experience has ranged from conducting needed analyses—feasibility studies, riders°ip forecastsĦ cost ’enefit analþsisĦ or sDT reduction estimates—all the way to preparing the entire grant application. With our in-depth ¾noøledge and eýperience in areas sìc° as traffic safety, transit ridership forecasting, transportation performance measures, active transportation/ complete streets, infrastructure planning, transportation impact analysis, and goods ÇoveÇentĦ øe are ìniÜìelþ Üìalified to assist øit° numerous types of funding programs. We will provide the City with a unique blend of funding expertise that leads to successful pursuits of grant funding for projects that we plan and design for the communities we serve. We have in-depth knowledge in writing successful grant applications, as well as complying with Caltrans Local Assistance requirements, processing Metro funding agreements, and complying with audit requirements. Our in-depth technical expertise, along with extensive experience with various local, County, SCAG, Caltrans, and Federal grants, contributed to successful grant applications for our clients to improve the communities we serve. Design/PS&E/Plan Checking Engineering PS&E &e°r š PeersŅ engineering design groìp is coÇÇitted to delivering constrìction PSšE packages that are biddable, buildable, and responsive to the City’s operational goals. Our approac° integrates traffic operationsĦ engineering design, and project delivery experience so that PSšE pac¾ages are tec°nicallþ soìnd and practical to construct and administer. We prepare complete, well-coordinated deliverables that reflect the needs of all travel modes and comply with applicable City, County, and State standards such as t°e California Danìal on hniforÇ Traffic Control Devices (CA-MUTCD), Public Works “Green oo¾ĦŃ Caltrans Standard Plans and SpecificationsĦ and other guidance relevant to Safety, Complete Streets, and Engineering best practices. Each deliverable is subjected to a rigorous internal QA/QC process so that the City receives clear, coordinated, and construction-ready documents to streamline bidding and construction. This approach is supported by staff experience in designing traffic signalsĦ signing and stripingĦ teÇporarþ traffic controlĦ lig°tingĦ and ÇìltiÇodal corridor improvements projects. Plan Check For plan checking and document review, Fehr š Peers øill serve as an eýtension of Citþ staffĦ providing prompt, practical, and technical coÇÇents on proposed PSšE pac¾agesĥ Oìr team understands that timely review is critical to maintaining project schedules. We focus our reviews on conformance with applicable standards, constructability, operational performance, and potential implementation issues so that comments Professional On-Call Traffic and Transportation Engineering Services12 Page 367 of 655 incorporate soìnd engineering ¼ìdgÇent specific to the project’s context and are actionable to help Çove pro¼ects efficientlþ toøards approvalĥ Oìr on-call eýperience inclìdes plan revieø for traffic signalsĦ signing and stripingĦ teÇporarþ traffic control, pedestrian and bicycle improvements, traffic calÇingĦ and ot°er traffic engineering design projects. Transportation Planning/Coordination Congestion Management Program (CMP) &e°r š Peers is an eýpert in CDP coÇpliance and has assisted multiple regional and local agencies in preparing CMPs. We understand the City’s potential need to update LOS at the CMP locations on a regular basis to meet compliance requirements. We have previously worked with t°e Citþ to condìct t°e Citþøide traffic data collection and prepared the CMP compliance letter during our past on-call contract. We will continue assisting the City in this role. As part of this process, we will also provide recommendations to address anþ deficiencþ or noncoÇpliance at t°e CMP location if needed. Transportation System Planning &e°r š Peers °as ’een a recogniąed leader in innovative transportation planning with an emphasis on integrating land use decisions with transportation investments. Because Diamond Bar is surrounded by two major regional freeways, SR-57 and SR-60, transportation system planning requires close coordination with Caltrans, Metro, and adjacent cities, and is important for meeting the City’s mobility goals. Since 2006, we have assisted Diamond Bar on a variety of tasks related to the SR-57/60 Confluence Project, including peer revieø of traffic stìdiesIJenvironÇental docìÇentsIJ design plans, preparation of studies and plans for improvement strategies, coordination with Metro/ Caltrans/other stakeholders, and more. We will continue working closely with City staff in a similar role for the SR-57/60 Confluence Project. We have extensive experience working with Caltrans, from delivering planning/design projects to providing best practice training to Caltrans staff. We have delivered over 150 highway planning and design projects throughout the State of California during the phases of Project Study Report – Project Development Support (PSR-PDS), Project Approval/Environmental Document (PA/ED), and PlansĦ SpecificationsĦ and EstiÇates ĺPSšEĻĥ te are also often asked to provide peer review of transportation impact studies for highway corridor and interchange projects and their compliance with CEQA/NEPA on behalf of local agencies. We have a long history of working with Caltrans District 7 (D7) and have successfully delivered various highway planning PSR/PA/ED/PSEs in Los Angeles County. In addition to project delivery, we have assisted Caltrans in developing the best practice training in travel demand modeling and traffic operations analþsis as øell as a °oø-to gìide for Caltrans Local Development-Intergovernmental Review (LD-IGR) that addresses the changes to transportation impact analysis under SB 743, including potential transportation safety impacts. Our extensive experience working with Caltrans will help the City to facilitate the transportation projects to go through the approval and implementation process. Statewide Planning Efforts California’s legislative requirements and statewide planning efforts shift frequently. We pride ourselves on staying up to date on the latest industry trends and quickly adapting to prepare specialized studies. Recently, statewide legislation Assembly Bill 98 mandated that truck routes be included in all General Plans. We have quickly leveraged our existing national experience in freight planning, truck routing, and truck parking to assist our local clients in Southern California in integrating the new requirements into their General Plans. City of Diamond Bar 13 Page 368 of 655 Capital Improvement Program Support &e°r š Peers is coÇÇitted to developing effective and innovative transportation solutions that improve communities. An important part of this philosophy is collaborating with our clients to create cìstoÇiąed solìtionsĥ &e°r š Peers øill assist the City with implementing their Capital Improvement projects by providing a project peer revieø and condìcting sìppleÇental traffic analysis to support and inform the project decision making process. We endeavor to minimize the impact of new and re-development projects on t°e environÇent and traffic safetþ t°roìg° sÇart transportation and urban design in the active transportation context. Traffic Management Systems/Signal Operations &e°r š Peers can provide traffic signal operational and management support by combining signal operationsĦ constrìction PSšEĦ and electrical design expertise. Building on our prior work for Diamond Bar, which included preparation of constrìction PSšE for t°e CitþŅs daptive Traffic Control System (ATCS), in collaboration with City staff and Siemens, and a before study of the ATCS corridors, we can support ongoing system monitoring, after studies, and operational updates to improve corridor performance. Our team has prepared signal timing plans for coordinated traffic signal corridors for cities across Californiaĥ te ’ring strong traffic operations analysis and simulation experience, including øor¾ øe did developing Çodels specificallþ for Diamond Bar. These models have been used for operational evaluations of the City’s transportation netøor¾Ħ Üìantifþing t°e ’enefits of different options for traffic control and signal tiÇingĥ This kind of analysis helps identify hot spots for potential improvements, and supports efforts with Caltrans and neighboring cities to achieve signal coordination goals for corridors across multiple jurisdictions. Meetings/Other Services We offer our clients a diverse combination of leading-edge traffic engineering s¾illsĦ eýperienceĦ and extensive knowledge of the communities in which we work to deliver comprehensive solutions and sìperior client serviceĥ &e°r š Peers provides support to project applicants and cities at City Council, Transportation Planning Commission, public hearings, and other public meetings. We will work with City of Diamond Bar staff to prepare reports and presentation materials that can effectively translate complex data/analyses and design challenges to the decision makers and the public using easy-to-understand visual communication methods and presentations. Our deep local knowledge from the past 20 years of close collaboration with the City provides us with an understanding of the City’s needs which helps to deliver creative yet practical solutions for City CoìncilĦ Traffic and Transportation CoÇÇissionĦ and other stakeholders Other Services Ot°er areas of &e°r š PeersŅ transportation engineering expertise include: • Intelligent Transportation Systems • Eeig°’or°ood Traffic CalÇing • Ramp Metering • Signing and taþfinding • Street, Walkway and Bikeway Lighting Systems • Pavement Delineation • Traffic ControlIJDanageÇent Plans • Conceptual Engineering Feasibility Assessments for All Travel Modes • Complete Streets and Streetscape Projects • Traffic CalÇing • Big Data Application and Analysis • Travel Demand Forecasting • Transit Operations • Emergency and Railroad Pre-Emption • Design-Build Projects Professional On-Call Traffic and Transportation Engineering Services14 Page 369 of 655 CITY OF ORANGE ON-CALL MAY 2021 - JANUARY 2026 &e°r š Peers °as served t°e Citþ of Orange for the past four and a half years reviewing technical studies related to transportation iÇpact assessÇent for CEY and varioìs traffic engineering tasks on behalf of the City. Following our completion of the Senate Bill (SB 743) implementation study for the City, we were asked to review some of the initial or more complicated submittals by applicants to provide consistency øit° t°e recentlþ adopted t°res°olds and traffic iÇpact stìdþ gìidelinesĥ &e°r š Peers °as provided comments on development projects and transportation pro¼ects related to sDT analþsisĦ LOS analysis, site access, drive-thru queueing, and on-site circulation. PROJECT MANAGER: elia sotsc° KEY STAFF: Baldwin Ngai Steve Brown Matt Benjamin Paul Herrmann Claude Strayer iøì °oì Anna Luo REFERENCE CONTACT Larry Tay Citþ Traffic Engineer (714) 744-5534 ltay@cityoforange.org E. Qualifications & References City of Diamond Bar 15 Page 370 of 655 CITY OF RANCHO CUCAMONGA ON-CALL TRAFFIC ENGINEERING SEPTEMBER 2022 - ONGOING &e°r š Peers °as ’een øor¾ing øit° t°e Citþ of Rancho Cucamonga as a trusted advisor since ēđĒėĥ Oìr first pro¼ect in t°e area øas øit° a developer see¾ing entitleÇents and traffic engineering design approvals, all of which required extensive coordination with the City. Since that time, we have worked extensively with the City, including work on the mobility element for the City, Emergency Evacuation Plan, SB 743 Implementation Study, Southeast Quadrant Industrial Area, and Healthy RC SR2S/Active Transportation Plan. In the past two months, we have also been serving as an extension of City staffĦ revieøing traffic sì’Çittals for t°e Citþ and generally assisting the City in miscellaneous tasks requested. PROJECT MANAGER: Jason Pack KEY STAFF: Baldwin Ngai iøì °oì Claude Strayer Paul Herrmann REFERENCE CONTACT Justine Garcia, MPA Deputy Director of Engineering Services 10500 Civic Center Drive, Rancho Cucamonga, CA 91730, US (909) 774-2046 justine.garcia@cityofrc.us Professional On-Call Traffic and Transportation Engineering Services16 Page 371 of 655 CITY OF BEVERLY HILLS ON-CALL JULY 2025 - ONGOING &e°r š Peers serves t°e Citþ of everlþ -ills øit° an on-call contract for traffic engineering servicesĥ Our effort includes an array of transportation planning and design tasks including signing and striping design plansĦ traffic signal ÇodificationsĦ traffic calÇingĦ pedestrian crossing iÇproveÇentsĦ teÇporarþ traffic controlĦ Çìlti-Çodal circìlationĦ and other implementation projects. Two recent traffic signal design pro¼ects t°at &e°r š Peers °as completed on this contract are: Olympic Boulevard/ Beverly Drive/Beverwil Drive, and Clifton Avenue at Crescent Way. The Olympic Boulevard signal Çodification inclìded a coÇplicated doì’le intersection with many phasing, overlap, and equipment challenges. We prepared the design and supported the City all the way through construction to ensure a successful turn on and implementation. Clifton Avenue at Crescent Way is a brand-new traffic signal and is associated øit° t°e Detro construction project and the closure of Canon Drive at Wilshire. Additional recent task orders have involved the conversion of Dayton Way from a one-way street to a two-way street to facilitate access to a City- owned parking structure between Crescent Drive and Canon riveĥ &e°r š Peers prepared a concept design and assessed impacts to the on-street parking, signing and striping, and adjacent signals. Oìr staff presented a detailed revieø of oìr findings to t°e Traffic š Par¾ing CoÇÇissionĦ and ìltiÇatelþ the City Council, to support the decision-making process. We are currently completing the design plans, and will be providing design support during construction as well. PROJECT MANAGER: Sarah Brandenberg KEY STAFF: Baldwin Ngai Anna Luo Steve Brown Claude Strayer Biling Liu Matt Benjamin REFERENCE CONTACT Aaron Kunz Deputy Director of Transportation City of Beverly Hills akunz@beverlyhills.org (310) 285-2563 City of Diamond Bar 17 Page 372 of 655 &e°r š Peers øill Çaintain staff availa’ilitþ for t°e dìration of t°e contract to sìpport t°e Citþ of iaÇond ar On-Call Traffic and Transportation Engineering Servicesĥ te are coÇÇitted to providing consistent staffing and ensìring continìitþ of service t°roìg°oìt t°e life of t°e engageÇentĥ G. Statement of Availability F. Terms & Conditions te °ave identified several reÜìested contract Çodifications and øoìld appreciate t°e opportìnitþ to discuss them with the City of Diamond Bar should any present concerns during the procurement process. Professional On-Call Traffic and Transportation Engineering Services18 Page 373 of 655 Fehr & Peers reserves the right to change these rates at any time with or without advance notice. 2025-2026 (July 2025 through June 2026) Hourly Billing Rates Classification Hourly Rate Principal $280.00 - $460.00 Senior Associate $240.00 - $335.00 Associate $215.00 - $290.00 Senior Engineer/Planner $165.00 - $240.00 Engineer/Planner $140.00 - $200.00 Senior Engineering Technician $160.00 - $255.00 Senior Project Accountant $125.00 - $190.00 Senior Project Coordinator $135.00 - $225.00 Project Coordinator $120.00 - $190.00 Technician $155.00 - $195.00 Intern $100.00 - $160.00 • Other Direct Costs / Reimbursable Expenses are invoiced at cost plus 10% for handling. • Personal auto mileage is reimbursed at the current IRS approved rate (72.5 cents per mile as of Jan 2026). • Technology & Security Fee (software licensing, hardware upgrades, secure data storage, etc.) are invoiced and calculated as a percentage of monthly project labor. Page 374 of 655 1 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT (the "Agreement") is made as of June 16, 2026 by and between the City of Diamond Bar, a municipal corporation ("City") and Iteris, Inc., a California corporation ("Consultant"). 1. Consultant's Services. Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the Traffic and Transportation Engineering services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. Christian Malpica, Associate Engineer (herein referred to as the “City’s Project Manager”), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City’s Project Manager to the extent required by the City’s Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City’s Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect July 1, 2026, and shall continue until June 30, 2029 unless earlier terminated pursuant to the provisions herein. The City shall have the option to extend this Agreement for one (1) additional two (2) year term, subject to the same terms and conditions contained herein, by giving Consultant written notice of the exercise of this option at least thirty (30) days prior to the expiration of the initial Term. In the event the City exercises its option to extend the Term, Consultant's compensation shall be subject to an adjustment upon the effective date of extension as follows: Consultant’s rates shall be fixed during the initial Term of this Agreement. Rate increases in compensation will be only considered in the event the City exercises its option to extend the Agreement and apply as of July 1, 2029. Any rate increase will be negotiated between the City and the Consultant, but in no event shall the increase exceed the amount that the Consumer Price Index ("CPI") for the Los Angeles - Anaheim-Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") as reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. Page 375 of 655 2 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed Eighty Thousand Dollars ($80,000) per Fiscal Year without the prior written consent of the City. The above not-to-exceed amount shall include all costs, including but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. 4. Payment. A. Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. Payment will be made only after submission of proper invoices. D. City will pay Consultant the amount property invoiced within 35 days of receipt. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. 7. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent, except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is Page 376 of 655 3 audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws. D. Consultant shall, at Consultant’s sole cost and expense, fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Consultant’s failure to comply with this Section. 8. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. To the maximum extent permitted by Civil Code section2782.8, Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Workers’ Compensation Act and other employee benefit acts with respect to Consultant’s employees or Consultant’s contractor’s employees arising out of Consultant’s work under this Agreement; and (2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its Page 377 of 655 4 sole discretion find Consultant’s legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third-party indemnification rights of any kind. (3) To the fullest extent permitted by law, the Consultant agrees to indemnify and hold indemnitees entirely harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property caused by the negligent professional act or omission in the performance of professional services pursuant to this Agreement. 10. Insurance. A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) A policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) Property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) Automotive liability insurance written on an occurrence basis covering all owned, non-owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater; and (5) Professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a combined single limit of $1,000,000. If such insurance is on a claims made basis, Consultant agrees to keep such insurance in full force and effect for at least five years after termination or date of completion of this Agreement. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property Page 378 of 655 5 damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) days prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Consultant fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant. I. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. Page 379 of 655 6 11. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 12. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 14. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Page 380 of 655 7 15. Termination. The City may terminate this Agreement with or without cause upon thirty (30) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the thirtieth (30th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 16. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. 17. Non-Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. 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. C. 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. 18. Time of Completion. Consultant agrees to commence the work provided for in this Agreement within (5) days of being notified by the City to proceed and to diligently prosecute completion of the work during the term. 19. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 20. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Page 381 of 655 8 Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Consultant’s control. If Consultant believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Consultant be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 21. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 22. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 23. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. 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. 24. Reserved. 25. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 26. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. Page 382 of 655 9 “CONSULTANT” “CITY” Iteris, Inc. City of Diamond Bar 1700 Carnegie Avenue, Suite 100 21810 Copley Drive Santa Ana, CA 92705 Diamond Bar, CA 91765-4178 Attn.: Attn.: Daniel Fox, City Manager Phone: Phone: (909) 839-7010 E-mail: E-mail: dfox@diamondbarca.gov 27. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. The venue for any action brought under this Agreement shall be in Los Angeles County. 28. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 29. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Consultant" "City" CITY OF DIAMOND BAR By: ______ By: Printed Name________________ Dan Fox, City Manager Title: ___________________________ By: ATTEST: Printed Name: Title: Kristina Santana, City Clerk Approved as to form: By: Omar Sandoval, City Attorney Senior Vice President Steven Bradley Steven Bradley 949 270-9647 sdb@iteris.com Page 383 of 655 10 *NOTE: If Consultant is a corporation, the City requires the following signature(s): -- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. Page 384 of 655 City of Diamond Bar Professional On-Call Traffic & Transportation Engineering Services Technical Proposal ITERIS, INC. PROPOSAL RESPONSE FOR: Prepared For:Prepared By: March 17, 2026 11477-141.26 EXHIBIT A Page 385 of 655 Professional On-Call Traffic and Transportation Engineering Services City of Diamond Bar Iteris, Inc. | i of ii COVER LETTER March 17, 2026 Christian Malpica Associate Engineer/Project Manager City of Diamond Bar – Public Works Department 21810 Copley Drive Diamond Bar, CA 91765 11477-141.26 RE: Proposal for Professional On-Call Traffic and Transportation Engineering Services The City of Diamond Bar continues to prioritize safety, reliable, and efficient transportation operations across its roadway network. Maintaining this performance requires responsive engineering support, deep knowledge of the City’s communication and traffic systems, and the ability to quickly address operational challenges as they arise. Iteris has had the privilege of supporting the City in these efforts over the past several years, working closely with Public Works staff to maintain and improve traffic operations throughout the community. Through this ongoing collaboration, our team has developed a detailed understanding of city’s traffic signal infrastructure, communications network, and traffic management systems. This institutional knowledge allows Iteris to respond quickly to the City’s needs, provide practical engineering solutions, and support City staff without the learning curve typically required by new consultants. Iteris proposes Mr. Omid Modaghegh, MCSE, IMSA as Project Manager for this opportunity. Mr. Modaghegh has been the technical support and communicator with the city for the past several years – he has extensive experience supporting local agencies with traffic operations, signal timing, communications systems, and ITS infrastructure throughout Southern California. He has directly supported the City of Diamond Bar and is familiar with the City’s signal systems, adaptive operations, SCOOT and communications architecture. As Project Manager, Mr. Modaghegh will serve as the City’s primary point of contact and will oversee all task assignments to ensure responsive service, technical quality, and clear communication. In addition to Mr. Modaghegh, he will be supported by Mr. Bernard Li, EE, TE, PTOE with over 35-years of Transportation and Traffic Engineering experience will be the Principal-In-Charge and Quality Assurance and Quality Control (QA/QC) lead. Below is a list of Iteris’ distinct advantages: • DIRECT FAMILIARITY WITH CITY’S TRAFFIC SYSTEMS AND COMMUNICATIONS INFRASTRUCTURE. Iteris brings unmatched continuity and institutional knowledge of the City’s transportation environment. Our team is familiar with the City’s traffic signal network, ATMS environment, Siemens TACTICS platform, adaptive SCOOT operations, Siemens SEPAC 2070 controllers, Siemens Ruggedcom switches, Clary battery backup systems, Cohu CCTV cameras, and the TranSuite video control system. This familiarity allows Iteris to respond efficiently, troubleshoot issues faster, and support the City without the learning curve required by a new consultant. • DEPTH OF QUALIFIED MULTIDISCIPLINARY STAFF AND TECHNICAL EXPERTISE Iteris provides the City with a multidisciplinary team that includes experts in traffic engineering, traffic studies, signal timing, traffic signal design, ITS integration, communications systems, plan check, and construction support. Our staff includes licensed engineers, IMSA certified professionals, and personnel with Microsoft, Cisco, and related technical certifications. This depth allows Iteris to provide complete support across the full range of on call services through one coordinated team. Page 386 of 655 Professional On-Call Traffic and Transportation Engineering Services City of Diamond Bar Iteris, Inc. | ii of ii •PROVEN RESPONSIVENESS AND TRUSTED DELIVERY TO THE CITY OF DIAMOND BAR Iteris has supported City of Diamond Bar over multiple years with day-to-day engineering assistance, operational support, and system level technical expertise. Our team understands how to work effectively with City staff, respond to urgent needs, and develop solutions that are technically sound, practical to implement, and aligned with the City’s goals. This proven working relationship allows Iteris to continue delivering dependable service and strong value to the City from day one. Iteris acknowledges receipt of Addendum #1 released March 13, 2026. Iteris appreciates the opportunity to submit this proposal and looks forward to continuing to support the City of Diamond Bar with responsive, high-quality traffic and transportation engineering services. Please contact me at (949) 270-9633 or bkl@iteris.com, or the designated Project Manager (PM), Mr. Omid Modaghegh, at (949) 270-9632 or oxm@iteris.com, should you have any questions. Sincerely, Iteris, Inc. Bernard K. Li, EE, TE, PTOE Vice President, Mobility Consulting Services, West Bernard K. Li, EE, TE, PTOE is authorized to bind Iteris, Inc. Page 387 of 655 Professional On-Call Traffic and Transportation Engineering Services City of Diamond Bar Iteris, Inc. | 1 of 15 FIRM PROFILE Firm Background and Relevant Experience Iteris has been the market leader in smart mobility infrastructure management since 1987. Iteris’ 470 staff have decades of expertise in traffic management, along with superior services and patented products that help detect, measure, and manage traffic and vehicular performance, minimize traffic congestion, enhance safety, and empower Iteris clients with solutions to better manage their transportation networks. Iteris Team members are experts in the fields of transportation planning, traffic engineering, and ITS. Knowledge of these practice areas enables Iteris to provide comprehensive services ranging from initial traffic impact studies, transportation modeling, planning, systems engineering, and detailed design, through implementation and performance measurement/monitoring. Iteris combines the knowledge of transportation engineers, systems engineers, system integrators, software engineers, and transportation planners to offer an unmatched combination of talent and experience. Iteris develops and deploys innovative solutions that help agencies reduce traffic congestion, enhance transit use, monitor and manage transportation networks and provide greater access to reliable traveler information. Relevant Transportation Engineering Services Over the past five years, our team has developed a strong working relationship with the City of Diamond Bar through ongoing traffic and transportation engineering support. That experience has provided a solid understanding of the City’s priorities, processes, and expectations, and positions us to deliver responsive on call services across the key areas identified in this RFP. Support has include traffic engineering studies, VMT and environmental document review, geometric and traffic signal design, PS&E, plan checking, construction support, transportation planning and coordination, TransSuite VMS, SCOOT, and TACTICS ATMS support, traffic network communication troubleshooting, signal timing and coordination, and attendance at meetings as needed. With experienced staff and local familiarity, our team can respond efficiently to task orders, coordinate closely with City staff and consultants, and provide timely, high quality technical support aligned with the City’s needs. TRAFFIC ENGINEERING • Traffic impact studies and development review • Review of traffic sections of environmental documents • Intersection level of service and operational analysis • Speed surveys and speed limit determinations School safety evaluations • Traffic control device evaluations and warrant studies • Queue analysis and congestion mitigation strategies • Before and after operational evaluations • Safety review of traffic patterns and field conditions Traffic engineering services focus on evaluating roadway, intersection, and corridor conditions to help the City address operational, safety, and development related needs. These services support both day-to-day traffic concerns and more detailed technical reviews tied to development activity, public requests, and system performance Page 388 of 655 Professional On-Call Traffic and Transportation Engineering Services City of Diamond Bar Iteris, Inc. | 2 of 15 TRAFFIC SIGNAL DESIGN AND CONSTRUCTION SUPPORT • Traffic signal design and modification • Signing and striping plans • Preparation of plans, specifications, and estimates • Plan check and review of traffic related submittals • Review of traffic signal plans, traffic control plans, and permit related plans • Construction administration and inspection support as requested • Field review, implementation support, and project closeout assistance Traffic signal design and construction support services carry projects from early design through field implementation. This work includes preparation of design documents, review of traffic related plans and submittals, and construction phase support to help maintain consistency between design intent, City standards, and installed improvements. TRANSPORTATION PLANNING • Traffic Transportation planning studies and technical analysis • Site access and circulation studies • Environmental transportation review and VMT analysis • Traffic forecasting and operational modeling • Corridor and neighborhood traffic studies • Master planning and multimodal mobility analysis • Congestion Management Program data and compliance support Transportation planning services support the City’s broader mobility goals through technical analysis, forecasting, environmental review, and system level planning. These services may include corridor, site specific, neighborhood, and citywide planning efforts that help guide future improvements and support informed decision making. TRAFFIC MANAGEMENT CENTER AND SIGNAL OPERATIONS SUPPORT • Traffic Management Center operational support • Support for VMS and ATMS platforms, including TransSuite, SCOOT, TACTICS, and related applications • Traffic signal timing, coordination, and progression updates • Field communications troubleshooting and network support • TMC staffing support during special events, peak periods, or other City needs Traffic management center and signal operations support services help the City maintain reliable day-to-day system operations, and effective communications.. This work includes support for central system operations, timing implementation, field communications, system integration, and staffing assistance when needed to support City operations and special conditions. ON CALL SUPPORT • Supplemental staffing support in the role of City traffic engineering assistance as needed • Attendance and presentation support for City Council, Commission, staff, and community meetings • Technical support for traffic related capital improvement projects • Coordination with City staff, developers, contractors, utility providers, and other consultants On call support services provide the City with flexible technical assistance that extends beyond individual studies or design tasks. These services are intended to supplement City staff with responsive engineering support, coordination, meeting participation, and assistance with ongoing transportation related matters as they arise. Page 389 of 655 Professional On-Call Traffic and Transportation Engineering Services City of Diamond Bar Iteris, Inc. | 3 of 15 Iteris has extensive transportation engineering, planning and ITS on-call experience, having successfully managed and completed hundreds of on-call task orders for a wide variety of public agencies and municipalities. Iteris has the experience and capacity to respond quickly to task orders with accelerated schedules without sacrificing quality of work. The blend of Iteris’ local knowledge and vast transportation management experience is what the city needs to tackle any challenges or technical requests that arise. Iteris’ past on-call engagements have involved the evaluation of impacts to traffic, transit and safety as a result of new developments (i.e. residential, retail, commercial), trip/parking generation, traffic control warrants, queuing analysis, travel demand forecasting, capacity analysis/simulation, pedestrian/bicycle/ transit access studies, origin/ destination analysis (using models, license surveys and MacID addresses), circulation analysis and traffic engineering design tasks (e.g. signals, signing, striping, lighting, temporary traffic control, ITS, ETC.). Table 1 – Iteris’ On-Call experience provides a selection of agencies to which Iteris has provided on-call services over the past five years. Table 1 – Iteris’ On-Call Experience CITY/AGENCY Traffic Engineering Transportation Planning ITS Traffic Signal Operations Environmental Studies Modeling/Forecasting California State University, Long Beach   Caltrans     City of Aliso Viejo   City of Anaheim       City of Beaumont    City of Beverly Hills     City of Buena Park    City of Cypress   City of Diamond Bar    City of Eastvale   City of Fountain Valley  City of Garden Grove  City of Irvine      City of Irwindale    City of Laguna Niguel    City of Laguna Woods   City of Lake Forest    City of Long Beach     City of Los Angeles Planning Department   City of Newport Beach   City of Orange    City of Oxnard   City of Pasadena      City of Pomona     City of Rancho Palos Verdes   City of Rialto   City of San Diego  City of San Marcos   City of Tustin    City of West Hollywood    CRA, City of Los Angeles   Los Angeles County Metro     Los Angeles Parks and Recreation  Los Angeles Unified School District Orange County Transportation Authority     Port of Long Beach    Port of Los Angeles    Page 390 of 655 Professional On-Call Traffic and Transportation Engineering Services City of Diamond Bar Iteris, Inc. | 4 of 15 PROJECT TEAM With local offices in Santa Ana, Los Angeles and Oakland, Iteris has the resources of over 100 team members throughout California dedicated to Traffic Engineering, Transportation Planning, and ITS. Iteris’ proposed team organization is provided in Figure 1 – Project Team Organization. Figure 1– Project Team Organization KEY  Task Lead Omid Modaghegh, IMSA, MCSE Project Manager Bernard Li, EE, TE , PTOE Principal-in-Charge STAFF ROLE CITY OF DIAMOND BAR EXPERIENCE AVAILABILITY Traffic Engineering / Studies Design / PS&E / Plan Checking Construction Support Transportation Planning / Coordination Traffic Management Systems / Signal Operations Meetings / Other Services Omid Modaghegh IMSA, MCSE Project Manager  50%       Bernard K. Li, EE, PE, PTOE Principal-in-Charge  45% Deepak Kaushik, PE Task Lead  45%   Michelle Haas, PE, TE Task Lead 50%   Naree Kim, PE Task Lead  45%  Bowen Yang, PE Task Lead  60%  Andrew Freeman, PE, TE, PTOE 50%  Raymond Liang, EIT 55%  Alex Nguyen  60%    Angaelos Hanna  55%  Delbert Lavezzari-Smith Task Lead  45%  Sean T. Daly, AICP, PTP 50%  Chris Devlin 55%  Rasool Andalibian, PhD Task Lead  50%  Linhua Li, PE, PTOE 60%  Natali Luevanos Mendez  60%   SungWoo Jo, TE 60%  Bill Zhou, EIT 60%   Eric Chiu 60%  Marjan Mosslemi 60%  Page 391 of 655 Professional On-Call Traffic and Transportation Engineering Services City of Diamond Bar Iteris, Inc. | 5 of 15 Omid Modaghegh, IMSA, MCSE – Project Manager Mr. Modaghegh serves as a Senior Engineer for Iteris’ Mobility Consulting Services and was previously with the firm from 2014 to 2018. He returned in December 2019Mr. Modaghegh has 12 years of experience with ITS, communications systems, traffic design, and traffic signal timing. He establishes HIL (Hardware in the Loop Simulation) using VISSIM, ASC/3 and 2070 Controller, 332 Hybrid cabinet including all interface configuration for his master’s thesis. He also has six years of experience in the IT field in establishing network specifications, designing router administration, including interface configuration and routing protocols. Mr. Modaghegh’s software knowledge includes i2, CENTRACS, TACTICS, MaxView, and various traffic controllers such as ASC/3, 2070, and McCain/BiTran 170. He is also proficient in VISSIM, Synchro, Tru-Traffic, and PC-Travel software. Deepak Kaushik, PE – Task Lead Mr. Kaushik serves as an Associate Vice President for Iteris’ Mobility Consulting Services and has been with the firm since 2008. He has over 24 years of transportation planning and engineering experience, which includes transportation systems analysis, multimodal mobility planning, highway operations, traffic safety, and travel-demand modeling. He enjoys the technical aspects of the projects he manages, but also embraces the interaction with stakeholders, city officials, and the public. Most of all, he welcomes the challenge of finding solutions that improve mobility for all users. Bernard K. Li, EE, TE, PTOE - Principal-in-Charge Mr. Li serves as a Vice President of Iteris’ Mobility Consulting Services and has been with the firm since 2010. He has 38 years of experience in providing professional services in planning, design and implementation of traffic engineering and Intelligent Transportation Systems (ITS). Mr. Li has served as Project Manager or Principal-in-Charge on numerous traffic and ITS design/construction, traffic signal timing and synchronization, operational analysis, feasibility studies and municipal traffic engineering projects. His traffic engineering design expertise includes traffic signal installation, signal modification, roadway signage/striping, street lighting, and worksite traffic control and neighborhood traffic management. Mr. Li’s ITS experience comprises fiber optic communications, wireless communications, Closed-Circuit Television (CCTV), Video-Detection System (VDS) and Dynamic Message Signs (DMS). He is also highly experienced in traffic signal operations, having assisted numerous agencies in the analysis, retiming, and synchronization of traffic signals, both corridor and network wide. Mr. Li’s transportation planning expertise includes traffic impact studies, parking studies, transportation master plans, signal warrant analysis and stop warrant analysis. He has served as City Traffic Engineering Consultant for many agencies, helping to resolve numerous day-to-day traffic engineering issues, including resident inquiries, plan checking, and safety evaluations. Naree Kim, PE – Task Lead Ms. Kim serves as Associate Vice President for Iteris’ Mobility Consulting Services with prior leadership experience at Iteris, returning with expanded expertise in Intelligent Transportation Systems (ITS) and transportation engineering gained over four years in the industry. She has over 23 years of experience in planning, design and implementation of traffic engineering and Intelligent Transportation Systems (ITS). Ms Kim has served as Project Manager on numerous traffic and ITS design/construction, traffic signal timing and synchronization, operational analysis, feasibility studies and municipal traffic engineering projects. Her traffic engineering design expertise includes traffic signal installation, signal modification, roadway signage/striping, street lighting, and worksite traffic control and neighborhood traffic management. Ms. Kim’s ITS experience comprises fiber optic communications, wireless communication, Closed-Circuit Television (CCTV), Video-Detection System (VDS) and Dynamic Message Signs (DMS). Ms. Kim’s transportation planning expertise includes traffic impact studies, parking studies, transportation master plans, signal warrant analysis and stop warrant analysis. Bowen Yang, PE – Task Lead Mr. Yang serves as a Senior Engineer for Iteris’ Mobility Consulting Services division and has been with the firm since February 2016. Mr. Yang is an engineering professional with over 11 years of experience and a solid background in traffic, transportation, civil, and structural engineering. He has consistently delivered project within budget and schedule, and always seeks to produce creative solutions. Mr. Yang has a strong ability to work independently and provide support for multiple concurrent priorities, and always receive high client satisfaction. Mr. Yang’s software experience includes AutoCAD/Civil 3D, AutoTurn, MicroStation/InRoads, GuidSign, Synchro, and Vissim, and MS Office. Delbert Lavezzari-Smith – Task Lead Mr. Lavezzari serves as an Associate Engineer for Iteris’ Mobility Consulting Services division and has been with the firm since April 2016. He has over seven years of experience working in Traffic Engineering and System Design. Mr. Lavezzari has provided support on various Intelligent Transportation Systems (ITS) projects by performing field inventory, generating base AutoCAD design plans, and drafting summary reports of the field data collected. Mr. Lavezzari’s software knowledge includes AutoCAD, MicroStation and Synchro. Rasool Andalibian, PHD – Task Lead Dr. Andalibian serves as a Senior Engineer for Iteris’ Consulting Services division and has been with the firm since October 2015. He has eight years of experience working in Traffic Engineering and Transportation Planning. Dr. Andalibian’s areas of expertise are signal timing optimization, traffic operation, traffic impact analysis study, and travel demand modeling. His software experience includes Synchro, Tru-Traffic, HCS, TRAFFIX, VISSIM, CORSIM, SimTraffic, TransCAD, EMME/2, MicroStation, AutoCAD, Minitab, SPSS, GAMS and ArcGIS. Michelle Haas, PE, TE – Task Lead Mrs. Haas serves as an Associate Engineer for Iteris’ Mobility Consulting Services and has been with the firm since December 2021. She has over 6 years of experience working in the fields of transportation engineering and planning. She has worked on a variety of project types including developing traffic design plans, traffic safety studies, signal timing optimization, operations analysis, and travel forecasting. Page 392 of 655 Professional On-Call Traffic and Transportation Engineering Services City of Diamond Bar Iteris, Inc. | 6 of 15 Project Understanding The City of Diamond Bar is requesting a consultant team that can step in as needed to support the city staff across a broad range of transportation-related assignments. Work under this contract will range from traffic operations, transportation planning, plan review, signal design, field coordination to traffic management system support. Each task will require clear communication, sound engineering judgment, and the ability to adapt to the City’s priorities and schedule. The City’s transportation system serves residential neighborhoods, commercial areas, schools, major arterial corridors, and regional travel connections. Supporting this network requires practical solutions that balance safety, mobility, and overall system operations. Technical support should not only address immediate operational needs but also help the city maintain reliable performance and make informed decisions as transportation needs continue to evolve. On call assignments can vary significantly in size and complexity, ranging from focused operational reviews to larger studies, design support, and implementation assistance. A successful team must be able to respond efficiently, define the issue quickly, and provide recommendations that are clear, actionable, and aligned with City objectives. Coordination with City staff and other stakeholders will also be important to keep tasks moving and avoid delays. Iteris’ recent on-call support with the city for the past several years provides our team’s invaluable experience and understanding of City’s signal infrastructure, communications environment, operational needs and process. This experience and knowledge set us apart from other consulting firms by reducing ramp up time and allowing the team to provide effective support from the start of the contract. Project Approach and Methodology A responsive and well-defined task order process is essential to deliver high quality transportation engineering services. Our approach is centered on clear communication, timely response, technical accuracy, and practical implementation. The objective is to support the City with reliable engineering services that are aligned with task requirements, schedules, and operational priorities. For each assignment, the Iteris project manager will coordinate with the City’s project manager to confirm the scope, schedule, review available information, and expected deliverables. This initial coordination helps define the level of effort, establish the task objectives, and confirm the appropriate technical approach before work begins. Once a task order is authorized, the team will review available background information such as plans, traffic data, signal timing information, prior studies, and other relevant materials. When needed, field verification will also be performed to confirm existing conditions and identify issues affecting safety, traffic operations, or overall system performance. Based on the nature of the assignment, the team will then perform the appropriate engineering analysis using established traffic engineering practices and professional judgment. Depending on the task, this work may include traffic operations review, safety evaluation, signal timing analysis, design development, or transportation planning assessment. The focus will remain on developing clear, practical, and implementable recommendations that support City objectives. Figure Typical Task Order Delivery Process CITY TASK ORDER REQUEST City identifies need for engineering support. TASK ORDER SCOPING & COORDINATION Confirm scope, schedule, deliverables; assign Iteris Team. DATA REVIEW & FIELD VERIFICATION Review plans, taraffic data, signal timing; conduct field review. ENGINEERING ANALYSIS & EVALUATION Traffic ops analysis, safety review, signal timing, design/ planning. DEVELOP RECOMMENDATIONS Prepare concepts, memos, studies; coordinate with City staff. QA/QC REVIEW Technical Staff > Task Lead > Senior QA/QC. DELIVERABLES TO CITY Reports, Timing Plans, Design Recommendations. IMPLEMENTATION SUPPORT Signal timing implementation, field verification, Coordination. ONGOING SUPPORT Follow-up analysis and additional task orders. Page 393 of 655 Professional On-Call Traffic and Transportation Engineering Services City of Diamond Bar Iteris, Inc. | 7 of 15 Throughout each assignment, regular coordination with the City project manager will help keep the work aligned with task objectives, review expectations, and schedule requirements. This coordination will support efficient decision making and help minimize unnecessary review cycles. All deliverables will undergo internal quality review prior to submittal to confirm technical accuracy, clarity, and consistency. When included as part of a task order, support may also extend through implementation related activities such as signal timing updates, field verification, and coordination with City representatives or contractors. Scope of Services The following sections describe the transportation engineering services that can be provided under this on call contract. Assignments may range from focused technical support and brief reviews to more involved studies, design efforts, field coordination, and operational improvements. The level of effort for each task can be tailored to the City’s specific needs, schedule, and priorities. This contract is intended to provide the City with responsive support across a broad range of transportation-related needs. Depending on the assignment, work may include technical analysis, coordination with staff and stakeholders, review of available information, preparation of exhibits or memoranda, and follow up during implementation. Some task orders may be completed quickly, while others may require a broader level of review and coordination. In each case, the goal will be to provide practical, well organized, and dependable support that helps the city move work forward efficiently. A. Traffic Engineering and Traffic Studies (Task Lead: Deepak Kaushik) Traffic engineering services will be a major part of this contract and may include both routine and more detailed technical evaluations. Some assignments may be tied to development review or environmental documentation, while others may focus on specific operational or safety concerns identified by City staff or the public. In each case, the work will focus on understanding existing conditions, identifying the issue clearly, and providing recommendations that are practical and supported by sound engineering judgment. Services in this area may include: • Review of traffic impact studies and traffic sections of environmental documents • Speed surveys and speed limit determinations • School safety evaluations and citizen complaint investigations • Intersection level of service analysis and traffic control device evaluations • Evaluation of pedestrian and intersection safety improvements, including Leading Pedestrian Intervals, pedestrian scramble operations, and turn restriction treatments such as No Right Turn on Red • Vehicle Miles Traveled analysis, including project screening, technical review, mitigation evaluation, and support for CEQA compliance consistent with State and regional guidelines Depending on the assignment, findings may be documented through a technical memorandum, formal study, or focused summary prepared for City review. B. Design, Plans Specifications and Estimates, and Plan Checking (Task Lead: Bowen Yang) When assignments move into design, support may extend from early review of existing conditions through preparation of complete plans, specifications, and estimates. This may include geometric improvements, traffic signal design, signing and striping plans, multimodal improvements and related traffic control improvements. Available record drawings, field conditions, utility considerations, and operational needs will be reviewed at the outset of a project, therefore final design is aligned with City priorities and project requirements. Plan checking will also be an important part of this contract, particularly for proposed development projects and traffic control plans related to encroachment permits. Reviews will focus on compliance with City standards, Caltrans requirements, the California MUTCD, operational impacts, safety, and constructability. Comments will be organized clearly so staff and applicants can resolve issues efficiently and keep the review process moving. Page 394 of 655 Professional On-Call Traffic and Transportation Engineering Services City of Diamond Bar Iteris, Inc. | 8 of 15 Typical support in this area may include: • Geometric design and traffic signal design, including preparation of PS&E • Signing and striping plan preparation • Plan checking and document review for proposed development projects • Review of traffic control plans related to encroachment permits For complete submittals, plan check review can be completed within the City’s target turnaround of ten working days, unless otherwise directed by the city. C. Construction Support (Task Lead: Delbert Smith-Lavezzari) Construction support helps move a project from approved plans into successful field implementation. Services may include review of contractor submittals, responses to requests for information, field observation during installation, coordination during equipment replacement and startup, and follow up through final implementation. The goal is to help the City maintain consistency between the approved design and the completed work while reducing delays and resolving issues early in the field. Iteris also brings relevant on call construction inspection experience from similar traffic signal improvement projects for other local agencies. This work has included observing field construction during traffic signal cabinet, controller, and related equipment upgrades, reviewing installation progress from the equipment review stage through final implementation, preparing punch lists and field checklists, and coordinating closely with contractors and City staff throughout construction. This experience supports efficient project delivery and helps maintain consistency between approved plans, field conditions, and final operation. D. Transportation Planning and Coordination (Task Lead: Michelle Haas) Some task orders may be broader in nature and may focus more on transportation planning and coordination than on immediate operational or design issues. These assignments may support the City’s long range transportation needs, corridor planning efforts, and coordination with other agencies or consultants. In those cases, the work will focus on helping the City evaluate options, organize technical information, and support projects that affect overall system performance. This area may include: • Preparation of traffic data for compliance with the Congestion Management Program • Support for the City’s transportation system planning efforts, including SR 57 and SR 60 related studies, grade separation projects, and transit studies • Coordination with City staff and consultants regarding traffic requirements for Capital Improvement Projects Because these efforts often involve multiple parties and moving project elements, close coordination with the City will remain important throughout the assignment. E. Traffic Management Systems and Signal Operations (Task Lead: Rasool Andalibian) Traffic management systems and signal operations support are especially relevant to this contract because many City needs involve signal timing, communications, equipment performance, and daily system operation. Through our recent on-call support with the city , our team has developed familiarity with the City’s traffic signal environment, including TransSuite VMS, SCOOT, TACTICS ATMS, field communications, and related operational needs. That experience allows us to respond efficiently, reduce ramp up time, and support reliable system performance. Support in this area may include: • Field technical support for traffic network communication troubleshooting, equipment setup, and configuration. • Support for ongoing traffic signal operations, including implementation of signal timing and synchronization, as needed. Assignments may range from focused field issues to broader operational review of system and corridor performance. Page 395 of 655 Professional On-Call Traffic and Transportation Engineering Services City of Diamond Bar Iteris, Inc. | 9 of 15 F. Meetings and Additional Services (Task Lead: Naree Kim) Iteris understands that effective communication and coordination with City staff, decision-makers, and stakeholders are essential to the successful delivery of on-call services. As part of this task, our team will be available to attend and support a variety of meetings as requested by the city, including City Council meetings, Traffic and Transportation Commission meetings, community meetings, and other coordination meetings. When attending these meetings, Iteris staff will be prepared to present technical information in a clear and concise manner, respond to questions from City leadership and stakeholders, and provide professional recommendations that support the City’s transportation and mobility objectives. Our team will also assist the city in preparing meeting materials as needed, including technical memoranda, presentation slides, exhibits, and supporting documentation to help communicate project objectives, analysis results, and recommended actions. We understand the importance of translating technical concepts into information that is accessible and meaningful for both decision- makers and the public. In addition to meeting support, Iteris will remain flexible and responsive in providing other related services as requested or directed by the city. These services may include technical coordination with other agencies, participation in interdepartmental working groups, preparation of briefings or responses to inquiries, and other specialized support tasks that may arise during the course of the contract. Our team’s experience working with local agencies throughout Southern California allows us to respond quickly and effectively to these requests while ensuring that all services remain aligned with the City’s goals and priorities. COMPARABLE WORK PERFORMED Iteris has extensive experience providing on-call traffic and transportation engineering services to cities throughout Southern California. Our team regularly supports local agencies with traffic engineering studies, development review, signal timing optimization, traffic signal design, transportation planning, and traffic management system support. Through these on-call contracts, Iteris works closely with city staff to respond to day-to-day operational needs, evaluate transportation issues, and implement practical solutions that improve safety and mobility. The following projects demonstrate Iteris’ experience delivering responsive and reliable on call transportation engineering services for local jurisdictions with transportation systems similar to the City of Diamond Bar. These projects include traffic engineering analysis, signal operations support, design services, and coordination with City staff and stakeholders. #1 City of West Hollywood On-Call Engineering Services Duration: 3/1/2023 – Ongoing Richard Garland, Principal Traffic Engineer rgarland@weho.org , (323) 848-6457 City of West Hollywood 8300 Santa Monica Boulevard West Hollywood, CA 90069 Iteris provides on-call traffic engineering and intelligent transportation systems support to the City of West Hollywood, assisting the city with traffic signal operations, safety improvements, system upgrades, and implementation of advanced traffic technologies. Working closely with City staff, Iteris functions as an extension of the Public Works and Transportation team by providing engineering analysis, design services, system troubleshooting, and implementation support across the City’s signalized network. Under this engagement, Iteris supports a wide range of operational and capital improvement initiatives aimed at improving traffic operations, pedestrian safety, and system reliability. The city has prioritized implementation of innovative safety treatments and signal operation enhancements, including pedestrian priority strategies and upgrades to signal controller and communication infrastructure. Iteris has also provided technical assistance for system integration, field troubleshooting, and signal timing updates across the City’s network. Page 396 of 655 Professional On-Call Traffic and Transportation Engineering Services City of Diamond Bar Iteris, Inc. | 10 of 15 Iteris’ familiarity with the City’s signal systems, communications infrastructure, and traffic management software has allowed the team to quickly respond to operational issues, evaluate system performance, and implement improvements with minimal disruption to ongoing City operations. Services provided under this on-call contract include: • Development and implementation of Leading Pedestrian Intervals (LPI) • Evaluation and implementation for All-Way Pedestrian Phase • Battery Backup System (BBS) integration and operational analysis • Preparation of PS&E packages for BBS deployment • Traffic signal timing updates and optimization • Analysis of Right Turn on Red restrictions and pedestrian safety treatments • Transit Signal Priority (TSP) evaluation and implementation support • Traffic signal controller upgrades and cabinet improvements • ATMS Transparity system support and signal monitoring • Communication system troubleshooting and network diagnostics • Intersection safety analysis and operational improvements • Field investigations and signal operations troubleshooting Through this ongoing partnership, Iteris has helped the city advance its goals of improving multimodal safety, enhancing traffic signal performance, and maintaining reliable transportation system operations. #2 Cypress On-Call City Traffic Engineer/Traffic Signal and Varies Engineering Services Duration: 7/14/20 – Ongoing Daniel Co, PE. City Engineer DCo@cypressca.org, (714) 229-6756 City of Cypress 5275 Orange Ave. Cypress, CA 90630 Iteris serves as the City Traffic Engineer for the City of Cypress, providing comprehensive traffic engineering and transportation engineering services on an on-call basis. Under this role, Iteris supports the City with traffic operations, capital improvement design, communications infrastructure, and traffic signal system management. Iteris works closely with City staff to evaluate traffic conditions, prepare engineering designs, and oversee implementation of signal system improvements. The team provides both planning and design services as well as operational support to ensure that the City’s signal network continues to function efficiently and reliably. As part of this engagement, Iteris has supported numerous projects involving signal controller upgrades, communications network improvements, and deployment of advanced transportation technologies. The team has also assisted the City with construction inspection services, field verification, and troubleshooting of signal communications and detection systems. Services provided under this contract include: • Intersection operational analysis and traffic studies • Development review and traffic engineering support • Field investigations and troubleshooting of signal system issues • Traffic signal timing updates and corridor optimization across the City • Traffic signal controller upgrades and modernization • Preparation of PS&E packages for traffic signal and ITS improvements • Variable Message Sign (VMS) design and ATMS system integration • Communications system troubleshooting and diagnostics • Wireless radio network design and implementation • Traffic signal and communications construction inspection services Page 397 of 655 Professional On-Call Traffic and Transportation Engineering Services City of Diamond Bar Iteris, Inc. | 11 of 15 • CCTV and detection system evaluation and deployment Iteris’ role as City Traffic Engineer allows the City of Cypress to maintain reliable traffic signal operations while advancing infrastructure upgrades and implementing modern traffic management technologies. #3 City of Long Beach On-Call Duration: 10/21/2021 – Ongoing Saed Roudsari, P.E. Senior Traffic Engineer Saed.Roudsari@longbeach.gov, (562) 570-6741 Long Beach City Hall 411 W. Ocean Blvd, 5th Floor Long Beach, CA 90802 Supporting the City of Long Beach through this on-call contract has involved a diverse range of traffic engineering, intelligent transportation systems, and transportation related assignments. The work covers operational needs, technical studies, system troubleshooting, engineering design, and targeted infrastructure support, allowing the City to draw on experienced technical assistance as individual needs arise across its transportation network. Assignments completed under this engagement have included support for traffic signal communication issues, Traffic Management Center (TMC) design, implementation, equipment and facility needs, ITS design development, corridor level traffic analysis, and environmental review assistance. This work has required close coordination with City staff, review of existing field conditions, engineering evaluation of system needs, and preparation of practical recommendations to support both near-term operational improvements and longer-term project development. Experience gained through these assignments has built strong familiarity with the City’s transportation system priorities, communications infrastructure, and operational challenges. This experience has allowed timely responses to a broad range of as needed requests while supporting the City’s goals related to mobility, safety, reliability, and implementation of transportation improvements. Services provided under this contract include: • Traffic and communication troubleshooting along Ocean Boulevard • Traffic Management Center (TMC) design and upgrade support • Mid-City ITS engineering design services • Comprehensive traffic study support for the 2nd Street Corridor • On call traffic analysis and environmental services • Inspection and repair services for the TMC video wall Page 398 of 655 Professional On-Call Traffic and Transportation Engineering Services City of Diamond Bar Iteris, Inc. | 12 of 15 REFERENCES The following project references highlight our team’s experience delivering similar on-call services for public agencies. These references demonstrate our ability to successfully manage, coordinate and implement projects comparable in scope and complexity. NAME AND TITLE Richard Garland, Principal Traffic Engineer EMAIL ADDRESS AND PHONE NUMBER rgarland@weho.org , (323) 848-6457 ADDRESS City of West Hollywood 8300 Santa Monica Boulevard West Hollywood, CA 90069 NAME AND TITLE Daniel Co, PE. City Engineer EMAIL ADDRESS AND PHONE NUMBER DCo@cypressca.org, (714) 229-6756 ADDRESS City of Cypress 5275 Orange Ave. Cypress, CA 90630 NAME AND TITLE Saed Roudsari, P.E. Senior Traffic Engineer EMAIL ADDRESS AND PHONE NUMBER Saed.Roudsari@longbeach.gov, (562) 570-6741 ADDRESS Long Beach City Hall 411 W. Ocean Blvd, 5th Floor Long Beach, CA 90802 TERMS AND CONDITIONS Iteris accepts all terms and conditions with the consulting services agreement. STATEMENT OF AVAILABILITY Iteris maintains a robust team of qualified and experienced professionals to ensure consistent and reliable delivery of all required services. Our staffing approach provides the capacity and flexibility needed to meet all contractual requirements efficiently while maintaining the highest standards of quality and responsiveness. We have carefully selected a specific team to support the City of Diamond Bar for this exciting on-call contract. The proposed key personnel will be available to the extent necessary for the duration of the on-call project. Page 399 of 655 Fee for Proposals for Professional On-Call Traffic and Transportation Engineering Services CITY OF DIAMOND BAR Iteris, Inc. | 1 FEE PROPOSAL March 17, 2026 Christian Malpica Associate Engineer/Project Manager City of Diamond Bar - Department of Public Works 21810 Copley Drive Diamond Bar, CA 91765 11477-141.26 RE: Fee Proposal for Professional On-Call Traffic and Transportation Engineering Services Dear Christian Malpica, Iteris, Inc. (Iteris) is submitting this Fee Proposal in response to Request for Proposals for Professional On-Call Traffic and Transportation Engineering Services. Table 1 (page 2) summarizes the total fee estimate for the project, which includes proposed staff billing rates (fully burdened), staff hours per task, and direct costs for data collection and travel. Iteris proposes Mr. Omid Modaghegh, IMSA, MCSE as Project Manager for this project. He will be the principal contact with the City of Diamond Bar. Mr. Modaghegh will oversee work from project inception to completion and will also be responsible for coordinating staff activities and meetings. Iteris acknowledges receipt of Addendum #1 released March 13, 2026. Thank you for the opportunity to submit our fee proposal. Iteris looks forward to assisting the City of Diamond Bar with this important on-call contract. Please contact me at (949) 270-9633 or bkl@iteris.com, or the designated Project Manager (PM), Mr. Omid Modaghegh, at (949) 270-9632 or oxm@iteris.com, should you have any questions. Sincerely, Iteris, Inc. Bernard K. Li, EE, TE, PTOE Vice President Mobility Consulting Services, West Bernard K. Li, EE, TE, PTOE is authorized to bind Iteris, Inc. Page 400 of 655 FEE PROPOSAL CITY OF DIAMOND BAR Fee for Proposals for Professional On-Call Traffic and Transportation Engineering Services CITY OF DIAMOND BAR Iteris, Inc. | 2 Table 1 – Hourly Bill Rates provides detailed rates by task for all team members that will be assigned to this project. Standard Terms and Conditions • Rates above are effective through 6/30/2029 (covering the initial 3 year contract term) • Task Orders will utilize individual staff rates at time of Letter Proposal submission, NTE Max Billing Rates. Default Standard Terms and Conditions • Subconsultant, Subcontractor and Equipment expenses to be billed at negotiated cost plus markup. • Other direct expenses to be billed at cost, unless otherwise negotiated. • Mileage rates will be based upon current IRS standard rates. STAFF CLASSIFICATION Support Staff I $111 $142 Support Staff II $181 $270 Assistant Engineer/Planner $120 $145 Associate Engineer/Planner $139 $189 Engineer/Planner $147 $233 Senior Engineer/Planner I $201 $254 Senior Engineer/Planner II $239 $280 Lead Engineer/Senior Manager $248 $323 Associate Vice President/Principal/Director $258 $382 Vice President/Chief Scientist $365 $464 Min Billing Rate Max Billing Rate Table 1 – Hourly Bill Rates Page 401 of 655 1 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT (the "Agreement") is made as of June 16, 2026 by and between the City of Diamond Bar, a municipal corporation ("City") and ADVANTEC Consulting Engineers, Inc., a California corporation ("Consultant"). 1. Consultant's Services. Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the Traffic and Transportation Engineering services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. Christian Malpica, Associate Engineer (herein referred to as the “City’s Project Manager”), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City’s Project Manager to the extent required by the City’s Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City’s Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect July 1, 2026, and shall continue until June 30, 2029 unless earlier terminated pursuant to the provisions herein. The City shall have the option to extend this Agreement for one (1) additional two (2) year term, subject to the same terms and conditions contained herein, by giving Consultant written notice of the exercise of this option at least thirty (30) days prior to the expiration of the initial Term. In the event the City exercises its option to extend the Term, Consultant's compensation shall be subject to an adjustment upon the effective date of extension as follows: Consultant’s rates shall be fixed during the initial Term of this Agreement. Rate increases in compensation will be only considered in the event the City exercises its option to extend the Agreement and apply as of July 1, 2029. Any rate increase will be negotiated between the City and the Consultant, but in no event shall the increase exceed the amount that the Consumer Price Index ("CPI") for the Los Angeles - Anaheim-Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") as reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. Page 402 of 655 2 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed One Hundred Thousand Dollars ($100,000) per Fiscal Year without the prior written consent of the City. The above not-to-exceed amount shall include all costs, including but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. 4. Payment. A. Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. Payment will be made only after submission of proper invoices. D. City will pay Consultant the amount property invoiced within 35 days of receipt. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. 7. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent, except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is Page 403 of 655 #>&$%$$# #&#&#)&&&% $$ &% #&" #& #&&$"$&#$$#3"##$ #%%&&’ ’ #&&&#&&$%&B+3%& #&#&3%&’#&# &&&##&$%&%%&$&B+3 %&’ ’ #&&&"#&.&$*%"#&&$# $%&&&&"&$&)&%&$,#" $&# # & !" # C#& $"&#$!’ ’ )"&&) # # #&# ###&#&#&3&#%%&% # $ ,# #%&&)#&.&#$%& $’ 5! #/#/ ) 2)(# !#& && % && + $ +&& & *$ % # &$%#$$"% && &$ $ ,# %+ $%& &&&&%%%&$#%$ +’ ,!/() #! *#*%)&$7D=7’="#&&& "$#&%%)"&&"$" $&"%&)&#&&&&"&" "*%"$$&##&&3"*% && $ & ) # # $$4 6 && $& # B+. % $ %& $ %$ #&.%& #&. $$.%&##&.+#E 7&&$&##&3 %$+ #&#$%&&$" &.%)&$"#*$%#$&$ $#&$)&$&&#&$#$’#& Page 404 of 655 & $ #&. && $#& #$$%&" #& && #$"$&##&&3 " *% && $ &’ #& && %%& % & (# ’ *%& #%) $&#)%&&&&#)) ’*$%"&&$# *:%$+’ 1 #&& * % &" #& & & &&& && # $&"&"(#%%%$#& %&$%$%&)$%## ’ "! # ! ’ #& && && # $""+%#&&$$"#$$%#@ # & %%) && #$4 6 %&$%&$:$%)&&& #$$$#$#&<6"222"222’22 $&&$)(#""& #&#&&$#&"$"%&"" %$$%$)$#E 7 /%#$#&<A22"222’22 %$$#$E 1 #) && #$ $$#$ $)&&":#&"#$ &&$)<6"222"222’22E F B+3 % #$ ,#&" # & <A22"222’22 # ,#&" $) E A/&&&#$$) #%$$&&<6"222"222’ #$#$$&"#&+%#$#$ #&&$$&)$%& ’ !’ "$"%&"")&#&& &#%&$$%)&&&"%% Page 405 of 655 "#)&&’%&$$%)&&&" %%"#&&&&&%)%" #$&&*$#$&’ ’ &&#$%&$&&%)#$$)&& :"$$&"#$"*$%# &#%&$#$$##$$ )&62%$’#& &&$$&"#$#$$)) #&’ ’ &&%&$#$&&$)&#&%## &&##$$%$ #@#&$%%) E&&%&$)$#’’!3&:"G’ ’ #& && # 6 #$ $$ $ $%&$##$,#)"7#$%&$ $% #$ %&$ )$ & # ,#"$$%&’ >’ &:# H #$&’ && %&$,# &&&&"&#"&:# -0H#$&%&$&##&# #&#&&%#$&,#’# #$&&&#($%%)&’#&# $,#*%$%$ $)’>&##&%#% #$&$#&$’#&% #$& #&. # #$ &# $# $ & # # %&$" $&# #$ #$#&$ $##$’ ’ #’B%$B+3%#$ %&3 9& #$" # && ) && # $#)’ ’ >&##$’#&&+%#$ ,###&&$$"+#$ #$%#%"%&#62I ))"&&% #&"$##$%##&’ !#&&&$&#&&#$$""## %&$&&#%$$$#$$ )%%)&’&&#$#$$&&#($ &&,#’ Page 406 of 655 ""! )/#*!#&$##)$$ $&"%))#&"%&’#& $) && " $#" $#" )&% $) #& %) %$ $&&&$&#&##@ ’&&#$#@$&#,#&’&& &&##%’#&3$) #$&&#))’ "*#&%%%%%#%$$&& $$$%($"&&"*$%#&3 %$"##&%($’ "! 0&’ ) ##!*$% %$$&& %) "&&&%)#&%$ &&%%#$&#%# ’#&")"+#$$% $#&#&’ "+!## #/’ ) /’$$$&& $$% $$# %$%&" #& #$$ && &#&&$%&+"$#"%%"$$#$" $&&$)&" -$0 %$ $%& )$ % # ’ #@ %) && ) $$ # %#$ #&3$)$%)#’#& &&&&#$$%&1 $%&’#&+)&&&&#$$ %$#$#&###%13 $"$%&&#,#’ "1! ) )! ’ #& $) %& && $,#"$$"$$)$ %#&#"$#&$&$ %$)$#’#&#$)" %$"%)#$&&%& ’>#"#&&&)%%$)$ #& $&$ %$ )$ %## ’ !’ #&$))$)$%" "#&) #&%$’#&3$)#$ &&#))’ Page 407 of 655 "3! 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(’# 0&#0!#&&&$%&&&%%&$&&" $"$#&&""&$&)’ +! 7:#%)(&#/(/!B)% $%$#&& )$%$#’)&& +%#&$#$#) $$)"#&$*% #&" + #$% && % %(#$)&&#$$#&’ 1! %/! 3! /#!%#$)#" $$$"$$&) %"%’%"#& )$&&&$"#%%$ *%&&,#&&%’% #&@&)#$%#$)# ’%$$&&#%##& &)%#$)%)" &&$%$#$%$" &,#%$#$%#$)’ ! !$" &&" )$" % ,# &&$)&)&) ##&##$&##&##E #&&%;&"% %%" " #$ %""%## %)$’ Page 409 of 655 -J;90 -?0 G#&"$’ ! 76D22%& ’"#122 76=62%& ) !"86DKA !"86DKA:F6D = ’4 ’4 &>*" /4 /4828=18:D262 :&4 :&4*L$’) 4! % #0!&& %" $# $$$$&&’)# $##&&9 &#’ 5! ’#!*$# # $#%"$$&&&"&&$ &&$##’ ,! (!" $# $% $" % #& ’ #%&& % & "%’" %)$)"*$%% $*%&’&&&& )&%#&#@ #3/#$ J$’ B"%)*$# )’ #& ?J> J ! !4 MMMMMM !4 /MMMMMMMMMMMMMMMM >*" &4 MMMMMMMMMMMMMMMMMMMMMMMMMMM !4 4 /4 &4 N"&+ %%)4 !4 J)&" Keith Rand. PE, TE (909) 568-1538 cell keithrand@advantec-usa.com Keith Rand. PE, TE Principal Keith Rand, PE, TE Digitally signed by Keith Rand, PE, TE Reason: I have reviewed this document Contact Info: 909-568-1538 Date: 2026.06.02 21:56:14-07'00' Page 410 of 655 !" !"#$%&% %%# ’ !%%""( )#%%"* &")"*%+# Page 411 of 655 RFP Professional On-Call Traffic and Transportation Engineering Services: February 2026 City of Diamond Bar i March 17, 2026 City of Diamond Bar Department of Public Works 21810 Copley Drive Diamond Bar, California 91765 ATTN: Christian Malpica, Associate Engineer/Project Manager SUBJECT: City of Diamond Bar – Professional On-Call Traffic & Transportation Engineering Services RFP February 2026 Dear Mr. Malpica, ADVANTEC Consulting Engineers Inc. (ADVANTEC), a certified DBE and SBE firm headquartered in Diamond Bar, is proud to propose for the City’s On-Call Professional Engineering Services contract. With over 28 years of experience serving Southern California cities, we combine local accessibility, technical depth, and proven performance to deliver responsive, cost-effective mobility solutions. Our team of more than 40 engineers and planners provides expertise in traffic engineering, ITS, transportation planning, and civil design. Having supported the City of Diamond Bar for over 20 years, we understand the City’s operations, standards, and community vision. Led by Keith Rand, PE, and Armando Solis, PE, ADVANTEC’s team of task leaders offers over 300 years of combined experience, ensuring every assignment meets the City’s quality, schedule, and budget expectations. With more than 28 years of experience serving cities and agencies across Southern California—including a successful 20-year partnership with the City of Diamond Bar—ADVANTEC has built a reputation for technical excellence, reliability, and client-focused collaboration. Located in the office building adjacent to Diamond Bar City Hall, we have successfully delivered similar services to Diamond Bar in past on-call contracts and to over 150 cities in Southern California. Our proximity to City Hall enables us to be highly responsive, while our consistent delivery of high-quality work across over 150 regional jurisdictions demonstrates a proven capacity to handle projects of any scale or complexity. Our recent on-call experience with cities such as Chino Hills, Claremont, Glendale, Culver City, Upland, Placentia, Anaheim, Irvine, Huntington Beach, Newport Beach, Mission Viejo, County of Los Angeles, County of Riverside, as well as agencies including LACMTA (Metro), SGVCOG, RCTD, CVAG, and Caltrans Districts across Southern California, underscores our capability to support a diverse range of needs—from traffic engineering studies, PS&E and plan checking, and construction support to advanced traffic management systems such as TransSuite and SCOOT. Our proposed key staff are deeply familiar with Diamond Bar’s technical environment, institutional processes, and service expectations. The ADVANTEC team is structured to provide seamless project delivery and quality assurance—from planning and analysis through construction and ongoing operations—ensuring accountability, efficiency, and top-tier results. Selecting ADVANTEC means partnering with a trusted local firm committed to innovation, efficiency, and the continued enhancement of Diamond Bar’s transportation network. As Principal, I am fully authorized to negotiate and execute this agreement on behalf of ADVANTEC. I certify that the information contained in this proposal is true and complete, and we gladly accept the terms of the City’s Professional Services Agreement. We look forward to continuing our partnership with the City of Diamond Bar and contributing to its ongoing success in delivering safe, efficient, and innovative mobility solutions. Please feel free to contact me at keithrand@advantec-usa.com or (909) 568-1538 with any questions or additional information requests. Sincerely, ADVANTEC Consulting Engineers, Inc. Keith Rand, PE, TE, Principal and Project Director Your Primary Contact: Mr. Keith Rand, PE, TE Project Director keithrand@advantec-usa.com Phone No.: 909-860-6222 Mobile No.: 909-568-1538 Firm Legal Name: ADVANTEC Consulting Engineers, Inc. Office Address: 21700 Copley Dr, Ste 300, Diamond Bar, CA 91765 EXHIBIT A Page 412 of 655 RFP Professional On-Call Traffic and Transportation Engineering Services: February 2026 City of Diamond Bar 1 1. FIRM BACKGROUND 1.1 Firm Profile ADVANTEC Consulting Engineers, Inc. (ADVANTEC) is a California- based leader in transportation innovation, delivering forward-looking engineering and mobility solutions for over 28 years. ADVANTEC combines the agility of a specialized firm with the depth and reliability of a large consultant—offering unmatched responsiveness, technical expertise, and long-term client partnerships. Our team of more than 40 professionals, including licensed Civil, Traffic, and Electrical Engineers, brings expertise spanning Traffic Engineering and Operations, Transportation Planning, Civil and Public Works Design, Intelligent Transportation Systems (ITS), Signal Timing and Coordination, Active Transportation, and Construction Management. We are known for our integrated approach, uniting engineering, technology, and data analytics to create SMART, efficient, and sustainable mobility networks tailored to each community’s unique needs. ADVANTEC has earned the trust of more than 150 public agencies across Southern California through our hands-on collaboration, transparent communication, and proven project delivery. Our strategic location next to Diamond Bar City Hall exemplifies our commitment to accessibility and partnership—allowing us to provide the City and other clients with fast, local, and reliable support. Built on a foundation of innovation, integrity, and excellence, ADVANTEC continues to redefine what it means to deliver high-performance, people-centered transportation engineering in an evolving mobility landscape. 1.2 Relevant Experience and Technical Capabilities ADVANTEC has successfully delivered on-call traffic and transportation engineering services for more than 150 public agencies across Southern California over our 28-year history. Our consistent record of performance demonstrates our ability to respond quickly, adapt to community needs, and provide practical, innovation-driven solutions that exceed expectations. Our comprehensive services directly align with the City’s RFP Scope of Work, ensuring seamless support across every facet of traffic and transportation engineering: A. Traffic Engineering / Studies - We apply data-driven analysis and visual analytics to deliver clear, defensible results for decision-makers. Services include before-and-after travel demand studies, intersection and corridor LOS evaluations, speed/engineering surveys, school-area safety analyses, VMT screening and mitigation under CEQA, traffic signal warrant reviews, and community-oriented outreach—each designed to enhance safety and mobility. B. Design / PS&E / Plan Checking - Our multidisciplinary team delivers efficient, constructible, and compliant designs for traffic signals, signing and striping, roadway improvements, and stage construction/traffic handling plans. We offer rapid plan -checking services—typically within 7-10 working days—and coordinate proactively with City staff to streamline permitting, encroachment, and development review processes. C. Construction Support - ADVANTEC ensures project continuity from design through delivery with comprehensive construction administration, field inspection, change-order evaluation, and record drawing preparation. Our approach minimizes delays, ensures quality, and maintains accountability through every phase. D. Transportation Planning / Coordination - We provide strategic planning insight that bridges long-range mobility goals and near-term operational needs. Services include circulation and parking studies, bicycle and pedestrian network planning, trail development, signal system master planning, and coordination with Caltrans, SCAG, and other regional partners for Congestion Management Program compliance, SR-57/60 corridor improvements, transit integration, and CIP traffic elements. E. Traffic Management Systems / Signal Operations - ADVANTEC is recognized as a regional leader in traffic signal operations and ITS integration. We deliver end-to-end system optimization—from synchronization and fine-tuning to before-and-after operations analysis, TransSuite/SCOOT system support, equipment configuration, detection calibration, and 24/7 emergency response. We also design and enhance TMC facilities and deploy technologies such as dynamic message signs and video detection to improve real -time network performance. ADVANTEC Firm Profile Legal Name: ADVANTEC Consulting Engineers, Inc. Type of Entity: California Corporation Year Founded: 1998 (28 Years in Business) Offices Irvine & DB 12700 Copley Dr, St300, DB, CA 91765 1200 Roosevelt, Irvine, CA 92620 Employees: 47 Primary Contact Keith Rand, PE, TE, Project Director keithrand@advantec-usa.com Cell: 909-568-1538 Office: 909-860-6222 Office Fax: 949.502-5522 Federal Emp ID 95-4687341 DIR No. 1000011301 Insurance Coverage: General Liability: $2M; Professional Liability: $4M (E&O) Page 413 of 655 RFP Professional On-Call Traffic and Transportation Engineering Services: February 2026 City of Diamond Bar 2 F. Meetings / Other Professional Services - Our team actively supports City Council, Traffic Commission, and community presentations, providing technical expertise in a clear and accessible manner. We also offer grant funding assistance, public outreach engagement, and additional related services, ensuring the City maximizes opportunities for funding, stakeholder alignment, and project success. 2. DESCRIPTION OF CONSULTANT TEAM ADVANTEC offers the breadth of expertise and specialized knowledge required to successfully support the City of Diamond Bar through this on-call contract. Our team of highly qualified professionals brings over 300 years of combined experience providing on-call professional engineering services to public agencies throughout Southern California. For more than two decades, we have helped clients achieve their mobility and infrastructure goals through responsive service, proactive project management, and consistently high technical standards. Our proven team—experienced in every discipline outlined in the RFP—ensures the City receives seamless coordination, efficient project delivery, and innovative, cost-effective solutions tailored to local needs. 2.1 Project Leadership and Team Structure ADVANTEC recognizes that delivering high-quality, responsive services for traffic, transportation, and public works projects begins with strong leadership and a technically proficient team. Under this contract, Mr. Armando Solis, PE, will serve as Project Manager, bringing over 26 years of hands-on traffic engineering experience supporting more than 40 Southern California cities with innovative, data-driven mobility solutions. Mr. Solis combines technical depth with exceptional management and communication skills, ensuring seamless coordination, rigorous quality control, and on-time delivery for all work assignments. He will be supported by a robust team of California-registered Civil, Electrical, and Traffic Engineers—each bringing specialized expertise to the City’s on -call needs. David Madera, PE, TE; John Dorado, PE, TE; George Dore, PE, TE; Ryan Miller; Elizabeth Diaz; Jose Guedes, TE; and Delfino Esquer will serve as Task Leaders, collectively contributing more than 180 years of experience in traffic and transportation engineering, ITS design, plan checking, and project management for similar on -call contracts. Together, this seasoned team offers unparalleled technical expertise and local familiarity, ensuring the City of Diamond Bar benefits from both strategic insight and day-to-day responsiveness. Supported by more than a dozen qualified staff—all based locally in Diamond Bar—ADVANTEC is uniquely positioned to provide efficient service, rapid response, and continuous support throughout the City’s on-call assignments. Figure 3.1 illustrates the proposed organizational structure of our project team. The following table highlights our Task Leaders’ recent accomplishments and current availability. Figure 3.1 – Organization Chart Page 414 of 655 RFP Professional On-Call Traffic and Transportation Engineering Services: February 2026 City of Diamond Bar 3 KEITH RAND, PE, TE Project Director Availability: 75% Mr. Keith Rand serves as Principal of ADVANTEC’s Diamond Bar office, providing executive oversight and quality assurance for all on-call engineering assignments. With over 30 years of focused experience in traffic and transportation engineering, ITS planning and design, and traffic signal systems , Keith offers deep technical knowledge and strategic leadership across all project phases—from planning and design through construction and operations. Relevant Project Experience § On-Call Traffic Engr Services, RCTD, CA § On-Call Traffic Engr and Traffic Plan Check Services, Anaheim, CA § On-Call Traffic Engr Services, Upland, CA § On-Call Bridge & Civil Engr & Other Design & Support, City of Los Angeles, CA § On-Call Prof Engr Services, Diamond Bar, CA § LACDPW On-Call Traffic Design Services, Task Order, Las Tunas Road TSSP, LA County, CA § LACDPW On-Call Traffic Design Services, Task Order. Las Avlon Blvd TSSP, LA County, CA Years of Experience: 30 Years with Firm: 7 Registrations: CA PE C60090,CA TR2103I Education: BS Civil Engr, San Diego State, 1992, Professional Affiliations: ITE, OCTEC ARMANDO SOLIS, PE Project Manger Availability: 75% Mr. Armando Solis is a Registered Civil Engineer with more than 26 years of specialized experience in traffic engineering, traffic operations, and intelligent transportation systems. He has successfully managed and delivered numerous design projects for local agencies across Southern California, including the Cities of Anaheim, Corona, Yorba Linda, Carson, and Caltrans. Armando’s expertise spans roadway safety, pavement delineation, signing, traffic signal timing and coordination, ramp metering, lighting, ITS design, fiber-optic communication systems, traffic control, and construction staging. Recognized for his hands-on leadership and client-focused approach, Armando ensures that each assignment advances the agency’s goals while maintaining high standards of safety, quality, and efficiency.. Relevant Project Experience § On-Call Traffic Engr Services, Anaheim, CA § On-Call Transp. Engr, LACDPW § On-Call Traffic Engr. Services, Corona, CA § On-Call Traffic Engr. Services, Upland, CA § Traffic Signal Design Services, Carson, CA § Traffic Signal Design, Duarte, CA § Traffic Signals Impr. Study, Duarte, CA § On-Call Prof Engr Services,Diamond Bar, CA § LACDPW On-Call Traffic Design Services, TO: Las Tunas Road TSSP, LA County, CA § Caltrans D12: I-405 Multi-Asset Management Project, Orange, CA § On-Call Bridge & Civil Engr & Other Design & Support, Valley Blvd, City of Los Angeles, CA § 2nd Street Bridge over Marine Stadium Rehab., Long Beach, CA Years of Experience: 26 Years with Firm: 3 Registration: CA PE C72012 Education: BS, Civil Engr, Cal State Fullerton, 1999 Professional Affiliations: ITE, OCTEC JOSE GUEDES, TE Traffic Management Systems/ Signal Operations Task Leader Availability: 75% Mr. José Guedes is a Traffic Engineer with more than 35 years of specialized experience in traffic operations, and signal coordination across Southern California. He brings a strong background in Traffic Management Center (TMC) operations, having managed the City of Irvine’s TMC for over 15 years and led numerous citywide and regional synchronization programs. Since 2010, José has delivered 15 regional signal synchronization projects for SBCTA, OCTA, and multiple local agencies, demonstrating a deep understanding of traffic operations, agency coordination, and system optimization. Additionally, José has managed on-call signal operations and traffic engineering services for the Cities of Chino Hills since 2010 and has worked with DB on-call tasks from 2010-2018. His recent accomplishments include implementing the Adaptive Traffic Signal System for the City of Culver City and leading the Adaptive/Traffic-Responsive System Upgrade for the City of Alhambra. Relevant Project Experience § Adaptive Traffic Signal System Design and Implementation for City of Culver City § Adaptive Traffic System, Culver City § Adaptive/Traffic Responsive Upgrade, Alhambra § CV Sync Program Phase I Traffic Signal Synchronization, CVAG § Citywide Signal Assessment & Master Plan, Upland § Citywide Traffic & Mobility Study, Glendale, CA § On-Call Traffic Signal Operations, Chino Hills § On-Call Traffic Engr Services, Irvine § On-Call Traffic Engr Services, Glendale Page 415 of 655 RFP Professional On-Call Traffic and Transportation Engineering Services: February 2026 City of Diamond Bar 4 Years of Experience: 36 Years with Firm: 16 Registration: Professional Traffic Engineer, CA, TR1861 Professional Affiliations: Institute of Transportation Engineers (ITE) Education: M.S, Transportation Engr, UC Irvine, 1990 B. S., Civil Engr, Universidade de Sao Paulo, Brazil, 1986 DAVID MADERA, PE, TE Design/PS&E/Plan Checking Task Leader Availability: 75% Mr. David Madera is a Registered Civil and Traffic Engineer with more than 25 years of broad experience in traffic and transportation engineering, ITS planning and design. His technical background includes traffic signal and communication system design, transit signal operations, signing and striping, lighting design, stage construction and traffic control, and transportation management planning for city, county, and Caltrans facilities. David has led numerous on-call projects including PS&E and traffic control plans (TCP) plan checking, including most recently the City of Anaheim TCP Plan checking Relevant Project Experience. § On-call Traffic Control Plan Checking, Anaheim § On-Call Traffic Engr PS&E Avalon, LACDPW § On-Call Traffic Engr, Los Angeles § On-Call Traffic Engr Services, Corona, CA § On-Call Traffic Engr Services, Menifee, CA § On-Call As-Needed Engr Design Services, San Gabriel Valley COG Years of Experience: 25 Years with Firm: 3 Registration: 2006, Professional Traffic Engineer, CA, TR2354 2007, Professional Civil Engineer, CA, C71391 Education: BS, Civil Engr, Cal Poly Pomona, 1999 Professional Affiliations: RSBITE President (2026); RSBITE Board (2024- Present); Orange County Traffic Engr Council JOHN A. DORADO, PE ITS and TransSuite/SCOOT Task Leader Availability: 75% Mr. John Dorado is a Senior Project Manager with over 26 years of experience in the field of Intelligent Transportation Systems (ITS) engineering, traffic signal systems, and traffic safety. He worked for Transcore previously and is very familiar with TransSuite as well as SCOOT. He has also provided on-call Traffic Engineering services to many cities as shown below. Relevant Project Experience § TransSuite and SCOOT Operations § On-Call Traffic Engr Services, Huntington Beach, CA § On-Call Traffic Engr Services, Newport Beach, CA § Orange On-Call Traffic Engr Services, Orange, CA § On-Call Traffic Engr Services, Ontario, CA § On-Call Traffic & Transportation Engr Services, Claremont, CA § On-Call Traffic Engr Services, Anaheim, CA § On-Call Traffic Engr Services, Mission Viejo, CA Years of Experience: 26 Years with Firm: 10 Registration: Professional Civil Engr, CA, 74405 IMSA Certified Traffic Signal Field Technician Level II, No. BE_106965 IMSA Certified Traffic Signal Technician Level I, No. AA_106965 IMSA Certified Work Zone Temporary Traffic Control Technician, No. ZZ_106965 Education: BSCE Cal State Fullerton, 1999, Professional Affiliations: Institute of Transportation Engineers (ITE) Orange County Traffic Engr Council (OCTEC) International Municipal Signal Association (IMSA) GEORGE DORE, PE, TE Mr. George Dore brings 43 years of experience in transportation planning and engineering. He is currently providing staff augmentation at City of Upland 2 days a week to provide Traffic Engineering Studies and other engineering support. His technical expertise covers a wide range of traffic engineering and roadway infrastructure planning, safety and design. Relevant Project Experience § On-Call Traffic Engr Services, Upland, CA § On-Call Traffic Engr Services, RCTD, CA § City of Rosemead, Rosemead Blvd at I-10 WB Ramps Termini (PA/ED & PS&E) § Traffic Signal Design, Duarte, CA § OC SAN Western Region Sewer Rehabilitation, Orange County, CA § Morena Pure Water Project, San Diego, CA § Traffic Signals Improvements Study, Duarte, CA § University Ave Bike Lane Project, San Diego, CA Years of Experience: 43 Years with Firm: 3 Registrations Education: MS, Civil Engr, Georgia Tech, 1976 BS, Civil Engr, Louisiana Tech University Page 416 of 655 RFP Professional On-Call Traffic and Transportation Engineering Services: February 2026 City of Diamond Bar 5 Transportation Planning Task Leader Availability: 75% Professional Civil Engineer, CA, C46585 Professional Traffic Engineer, CA, T 2126 Professional Affiliations: ASCE, ITE, OCTEC RYAN MILLER Traffic Signal Operations Availability: 75% Ryan Miller is a project engineer with extensive experience in traffic signal synchronization and operations, and traffic modeling. Ryan has 14 years of experience and has worked on multiple traffic signal synchronization projects He is an expert in the use of Synchro, SimTraffic and Tru-Traffic software, and he has assisted with the implementation of Adaptive Signal Systems in Culver City and Traffic Signal Operational Improvements in Glendale. Relevant Project Experience § OCTA, Garden Grove Blvd Regional TSSP, Garden Grove, CA § Fairview Corridor TSSP, Costa Mesa, CA § Adaptive Traffic Signal System Design & Implementation, Culver City § City of Glendale, Citywide Traffic & Mobility Study § Irvine Blvd Regional TSSP, Irvine, CA § Seal Beach, Seal Beach Blvd TMC & ITS Impr. § City of Alhambra, Adaptive Traffic/Traffic Responsive Control Years of Experience: 14 Years with Firm: 12 Registrations: EIT #138331 IMSA Certified Work Zone TCT No. ZZ_129800 Education: B.S., Civil Engr, Cal Poly Pomona, 2009 Professional Affiliations: ITE, OCTEC ELIZABETH DIAZ Traffic Engineering PS&E & Construction Support Availability: 75% Mrs. Elizabeth Diaz is a Senior Engineer with over 25 years of experience in roadway design, street lighting, traffic signals, traffic control, and signing and striping PS&E. She has excellent familiarity and working knowledge of the City of Los Angeles, Los Angeles County, Port of Los Angeles, and Caltrans standards and requirements. She is also proficient with several engineering and design software such as AutoCAD, Civil 3D, MicroStation, InRoads and SignCAD. Relevant Project Experience § On-Call Caltrans District 9, Bridgeport CA § 2nd Street Bridge over Marine Stadium Rehab., Long Beach, CA § N. First Ave Over Mojave River and Mojave River Overflow Bridges, Barstow, CA § PA/ED & PS&E of Rosemead Boulevard at I- 10, Rosemead, CA § University Avenue Bike Lane Project, San Diego, CA § RCTC/Caltrans, SR-91 Corridor Improvement Project Design/Build § SR-47 Schuyler Heim Bridge, Long Beach and Los Angeles, CA Years of Experience: 25 Years with Firm: 1 Education: Cal State LA – 2018, BS Civil Engr Professional Affiliations: Institute of Transportation Engineers (ITE) American Society of Civil Engineers (ASCE) Women in Transportation, Los Angeles Orange County Traffic Engr Council KRIS CAMPOS Traffic Data Collection Task Leader Availability: 80% Mr. Campos specializes in traffic data collection projects for Counts Unlimited including pTurning Movement Traffic Counts, Pedestrian/Bicycle Counts, Mainline freeway Counts, origin-destination studies, travel time studies, license plate studies, and parking surveys. Relevant Project Experience § City of Irvine Annual Count Program / On- Call Services, Irvine, CA § City of South Pasadena Turning Movement Counts, South Pasadena, CA § City of Glendale Citywide Traffic and Mobility Study, Glendale, CA § CVAG CV Sync Phase I, Coachella Valley, CA § City of Corona – Annual Count Program/On-Call Services, Corona, CA § City of Riverside On-Call Traffic Data Collection, Riverside, CA § City of Ontario On-Call Traffic Data Collection Services, Ontario, CA Years of Experience: 26 Years with Firm: 26 Professional Affiliations: ITE Member Education: B.A., Business Administration/Finance, Cal State Fullerton, 2007 Page 417 of 655 RFP Professional On-Call Traffic and Transportation Engineering Services: February 2026 City of Diamond Bar 6 2.2 Project Approach and Team Strengths ADVANTEC understands that rapid mobilization of qualified staff is essential to executing task orders efficiently under the City of Diamond Bar’s On-Call Traffic and Transportation Engineering Services contract. Our approach blends responsive management, streamlined communication, and rigorous quality control to ensure every assignment is delivered on time, within budget, and to the City’s complete satisfaction. As a trusted partner to the City, the ADVANTEC team brings the capacity, experience, and local presence necessary to meet—and exceed—the City’s expectations. Our proposed team is structured around the following strengths, aligned with the RFP’s Scope of Work categories: • Local Presence for Responsive Services – Our Diamond Bar office—located adjacent to City Hall—enables immediate coordination and rapid response to task orders. We can provide on-site support for meetings, design reviews, field evaluations, and operational needs within minutes, ensuring seamless collaboration with City staff. • Proven Strategies for On-Call Delivery – ADVANTEC’s as-needed service model relies on proactive communication and a disciplined QA/QC process. Our Project Manager responds to all City inquiries within 24 hours and coordinates deliverables efficiently, reducing turnaround time and minimizing City review efforts. • Visionary, Multi-Modal, and Sustainable Planning – We apply a Complete Streets and SMART Mobility framework to every assignment, balancing the needs of motorists, bicyclists, pedestrians, and transit users. Our approach integrates sustainability, safety, and equity—supported by VMT analysis, multimodal design, and coordinated transportation planning that align with the City’s long-term vision. • Record of Successful Traffic and Infrastructure Projects – ADVANTEC has delivered hundreds of projects addressing roadway improvements, signal improvements, construction staging, ITS integration, and adaptive signal systems —consistently meeting schedules, budgets, and stakeholder expectations. Our experience ensures efficient project execution from concept through implementation. • Strong Leadership and Hands-On Expertise – Led by an experienced Project Director and Project Manager, our leadership team— supported by highly experienced Task Leaders—brings over 300 years of combined experience in civil, traffic, and municipal engineering. This depth allows us to anticipate challenges, provide informed recommendations, and maintain the highest technical and professional standards throughout each task order. 2.3 Subconsultant Counts Unlimited, Inc. is a southern California-based firm specializing in traffic data collection services for 35 years. Our experienced full-time staff of 25 employees are extensively trained and tested to uphold the highest standards of accuracy, performance, and customer service. We understand the critical role accurate data plays in transportation planning and are committed to delivering reliable, high-quality results. 3. APPROACH AND METHODOLOGY 3.1 Project Understanding ADVANTEC will deliver all services through written task orders on time-and-materials basis. Our proven on-call delivery methodology emphasizes rapid mobilization, clear communication, quality assurance, and efficient coordination—ensuring the City receives timely, high-quality results with minimal administrative effort required from staff, as we have demonstrated through the previous on-call contract with Diamond Bar from 2000-2018. 3.2 Overall Task Order Approach ADVANTEC’s approach to professional consulting services is built on decades of experience providing On-Call Traffic and Transportation Engineering Services to public agencies across Southern California. Drawing from this deep experience, we have refined a streamlined and adaptive methodology that integrates proven engineering principles with innovative, data-driven thinking. This balance of technical rigor and creativity enables us to consistently deliver cost-effective, high-quality results—on schedule and within budget. Our on-call methodology emphasizes clear communication, collaboration, and accountability at every step. From task order authorization through final deliverable, the ADVANTEC team ensures that expectations, assumptions, and milestones are fully transparent to both the City and project stakeholders. The adjacent graphic illustrates our step-by-step process once a task order is issued, detailing how we manage assignments efficiently while maintaining flexibility to address project-specific needs. A key element of our success is continuous, proactive communication with the City’s Project Manager. From task inception through completion, we keep City staff informed of progress, design decisions, and potential issues to support accurate, timely Page 418 of 655 RFP Professional On-Call Traffic and Transportation Engineering Services: February 2026 City of Diamond Bar 7 decision-making. Recognizing that each project presents unique site conditions, priorities, and challenges, ADVANTEC applies a consistent yet adaptable framework that allows us to tailor our technical approach—ensuring each assignment is handled with precision, responsiveness, and professional excellence, as summarized in the proven five-step project approach summarized below: 1) Understand the City’s Goals – Each project begins with a clear understanding of the City’s objectives, priorities, and expectations. Our Project Manager and Task Leaders meet with City of Diamond Bar staff to discuss key issues, budgets, schedules, and scope. This early alignment ensures clear direction, identifies critical-path items, and establishes a solid foundation for successful project delivery. 2) Prepare a Detailed Work Plan – ADVANTEC develops a comprehensive work plan defining all tasks, task relationships, schedules, and resource needs. We identify any specialized expertise required to maintain project momentum and create detailed budgets to keep performance on track. The City receives a full Project Management Plan, QA/QC Plan, Resource Plan, and Project Schedule , providing complete transparency and confidence in our management process. 3) Execute with Coordination and Oversight – Upon notice to proceed, ADVANTEC mobilizes resources efficiently, coordinating technical work and keeping all stakeholders informed. Our Project Manager continuously monitors progress, schedule, and budget, identifying potential challenges early. Monthly in-person progress meetings with City staff and key stakeholders maintain alignment, while our digital project management platform provides secure access to deliverables, milestone tracking, task lists, and communications—ensuring a collaborative, transparent workflow. 4) Deliver and Close Out – At project completion, Mr. Solis confirms that all final deliverables are submitted in the City’s preferred digital and hard-copy formats. We expedite the delivery of final documentation and invoices to ensure smooth contract administration and closure. ADVANTEC’s thorough close-out process reinforces accountability and leaves the City with complete, organized project records. 5) Expertise in Managing Concurrent Tasks – ADVANTEC has a long-standing record of success providing on-call and as-needed services to public agencies throughout Southern California—including the Cities of Diamond Bar, Chino Hills, Glendale, Culver City, Orange, Corona, Huntington Beach, Irvine, Mission Viejo, San Clemente, Anaheim, Newport Beach, Laguna Beach, Claremont, Pomona, Upland, Long Beach, and Lawndale, as well as the Counties of Riverside and Los Angeles and Caltrans. Our team’s structure and workload management system allow us to handle multiple concurrent task orders efficiently. We balance staffing and deliverables weekly and can draw from our broad pool of cross-trained professionals to ensure timely, high-quality performance on every assignment. 3.3 Management Approach and Resource Coordination ADVANTEC’s management approach is built on decades of successful partnerships with public agencies across Southern California. Our proven on-call delivery system enables us to consistently complete assignments on or ahead of schedule and within budget. Each engagement begins with a collaborative understanding of the City’s goals and is guided by detailed work planning, clear communication, and responsive oversight. Our team structure allows us to mobilize multi-disciplinary experts quickly, drawing from ADVANTEC’s in-house specialists and subconsulting partners to match the specific requirements of each task order. The accompanying organizational chart illustrates our Page 419 of 655 RFP Professional On-Call Traffic and Transportation Engineering Services: February 2026 City of Diamond Bar 8 coordination structure and task order request process, clearly defining responsibilities between the City, Project Director, Project Manager, Task Leaders, and subconsultants. Understanding the City’s Objectives Prior to initiating each assignment, our Project Director, Project Manager, and Task Leaders meet with City staff to understand project intent, success criteria, and constraints. We clarify key milestones, identify potential challenges, and assemble the most effective technical team based on the required disciplines. This early alignment ensures that each project begins with shared expectations and a clear path to execution. Commitment to Provide Resources ADVANTEC is fully committed to dedicating qualified key and support staff for the duration of this contract. Our senior management team meets weekly to review staffing levels, workloads, and project priorities—ensuring that all deliverables are submitted on or before deadlines. If additional capacity is needed, we draw upon our regional team of 40+ professionals to maintain momentum and uphold quality. This flexible resource management model enables ADVANTEC to respond rapidly to new or concurrent task orders without compromising quality or schedule. Critical Path Method Scheduling Our Project Manager maintains a rolling four-week horizon schedule to manage workflow and priorities. The schedule highlights critical path items, decision milestones, and interagency review periods, allowing the City to plan its staff review time efficiently. Any anticipated adjustments or delays are communicated immediately, maintaining full transparency and alignment throughout each task order. Turnaround Efficiency ADVANTEC is accustomed to the City’s established review periods—10 working days for initial submittals and 5 working days for resubmittals. Within these timelines, we execute a structured review process: • Verify document completeness. • Circulate submittals to the appropriate reviewers. • Annotate comments directly on plan markups and in a comment matrix. • Consolidate and QA/QC all redlines before returning the review package. When appropriate, direct designer-reviewer coordination is used to reconcile issues and eliminate unnecessary review cycles—often limiting the process to three checks or fewer. This practical, collaborative approach significantly reduces turnaround time and administrative burden on City staff. Project Controls ADVANTEC employs strong project control systems—integrating schedule, budget, and quality management tools to keep task orders on track and within scope. Schedule Control We use Microsoft Project to build clear, communicable schedules that align tasks, deadlines, and QA/QC review points. Each schedule: • Identifies interdependent tasks and agency review windows. • Provides flexibility for quick updates and staff coordination. • Reflects staffing correlations firm-wide. Critical path items and time-sensitive decisions are tracked proactively. The Project Manager promptly informs the City of any anticipated schedule deviations, allowing the City to allocate review resources efficiently and avoid downstream delays. Budget Control Each task order’s scope and work breakdown structure (WBS) forms the basis of our budget, tracked in real time through our internal cost-management system (AJERA). Budgets, expressed in hours and dollars, are continuously monitored by the Project Manager and Task Leaders. We apply earned-value management principles, comparing planned versus actual expenditures to identify variances early. This data is reviewed regularly with task leaders to develop corrective actions and maintain financial control. A detailed Monthly Progress Report accompanies every task order, summarizing: • Work completed and in progress. • Schedule status and upcoming milestones. • Budget performance and corrective measures (if needed). Through these practices, ADVANTEC ensures accountability, transparency, and proactive management across all assignments— providing the City of Diamond Bar with confidence that every task order is delivered efficiently and effectively. Page 420 of 655 RFP Professional On-Call Traffic and Transportation Engineering Services: February 2026 City of Diamond Bar 9 3.4 Quality Assurance/Quality Control (QA/QC) Program ADVANTEC maintains a comprehensive and continuous QA/QC Program designed to ensure every deliverable meets the highest standards of technical accuracy, clarity, and consistency. Our QA/QC process is not confined to milestone reviews—it is embedded in daily workflows, moving seamlessly from desk to desk, discipline to discipline, and consultant to client. Our Project Manager and Task Leaders oversee daily team activities, guiding staff through consistent review, documentation, and coordination. Mr. Solis provides overall QA/QC oversight for this contract, working closely with ADVANTEC’s senior management to ensure adherence to established procedures and prompt resolution of issues. Dedicated QA/QC contacts will be available at all times to facilitate inquiries regarding project status. Core QA/QC Policies and Procedures Policy Approach Defined Roles and Responsibilities Assign clear QA/QC responsibilities for each staff level; conduct teamwide QA/QC training and a kickoff meeting to review procedures and expectations. Information Dissemination and Document Control Implement standardized document flow and control procedures for all project materials (scope, reports, invoices, minutes, deliverables). Internal & External Coordination Maintain consistent meeting documentation using standardized action logs and issue trackers. Continuous “Over-the-Shoulder” Reviews Encourage real-time, multi-disciplinary review during preparation of plans and reports to identify issues early and strengthen coordination. Inter-Disciplinary Integration Hold weekly or bi-weekly coordination meetings and cross-discipline plan exchanges before all milestone submittals. Milestone Quality Reviews Use independent reviewers for checking, revision, and back-checking; verify compliance with standards, technical precision, format consistency, and previous comments. QC Checklists Require each discipline to apply specific QC checklists to ensure completeness, accuracy, and consistency before submittal. ADVANTEC’s QA/QC Review Process Before any deliverable is submitted to the City, it undergoes ADVANTEC’s internal multi-tier quality review. Each stage—technical review, interdisciplinary coordination, and principal sign-off— verifies compliance with project scope, applicable standards, and agency requirements. Only after this internal review is complete is the product submitted for City review. Once City comments are received, they are addressed through the same QA/QC workflow to ensure the final deliverable meets or exceeds expectations. Collaborative QA/QC with Partner Firms On many projects, including on-call and as-needed services, ADVANTEC partners with trusted subconsultants who are fully integrated into our QA/QC framework. Every partner firm receives ADVANTEC’s QA/QC policies and assigns its own QA/QC lead to ensure consistency. Together, our team adheres to uniform CAD standards and agency -specific requirements, including General Plans, Circulation Elements, Public Works and Traffic Signal Standards, Communication Standards, and the California Manual on Uniform Traffic Control Devices (MUTCD). Page 421 of 655 RFP Professional On-Call Traffic and Transportation Engineering Services: February 2026 City of Diamond Bar 10 This rigorous, collaborative structure fosters open communication, accountability, and consistency across all team members. The result is a well-coordinated process that delivers error-free, standards-compliant, and high-quality products—every time. 3.5 Methodology to Perform Scope of Work ADVANTEC’s methodology integrates technical precision, innovation, and responsiveness to ensure the efficient and high-quality delivery of on-call assignments. Our approach leverages proven engineering practices, advanced analytical tools, and local familiarity to support the City’s operational goals and evolving mobility needs. A. Traffic Engineering / Studies ADVANTEC emphasizes a data-driven, context-sensitive approach to traffic evaluation and design—enhancing safety, mobility, and sustainability while minimizing impacts to the surrounding network. Our studies incorporate tools such as Synchro, SimTraffic, and HCS to produce defensible, transparent analyses. Key capabilities include: • Before- and After-Studies; Traffic Impact and Circulation Analyses • Level of Service (LOS) and Vehicle Miles Traveled (VMT) studies (including CEQA-compliant screening, technical review, and mitigation support) • Engineering and Speed Surveys using certified radar equipment • School safety assessments and citizen complaint investigations • Signal warrant, communication, and timing analyses • Parking, bicycle, pedestrian, and equestrian trail studies • Safe Routes to School and Community Outreach • Conceptual design and lane storage analyses Our comprehensive experience extends to traffic and operational studies, traffic calming design, safe route to school programs, traffic safety analysis, traffic operations studies, and development planning studies. We also support Active Transportation, ITS, TSMO, Smart City, and Connected/Automated Vehicle (CAV) initiatives and provide technical assistance for grant funding pursuits. B. Design / PS&E / Plan Checking ADVANTEC has a long-standing reputation for high-quality, constructible, and compliant transportation design . Our staff have delivered PS&E packages and plan review services for over 500 municipal and Caltrans projects. Core areas of expertise include: • Signing and Striping Plans, Stage Construction, Traffic Handling • Traffic Signal, Communication, Surveillance, ITS, and Lighting Systems • Dynamic Message Signs and Detection Systems • Traffic Management Center (TMC) and Intelligent Transportation Systems (ITS) Integration • Construction Management, Contract Administration, Inspection, and Record Drawings Our Plan Checking and PS&E Review process covers all civil, grading, traffic, drainage, and utility disciplines, ensuring conformity with City, County, State, and national standards. We provide well-documented, defensible comments supported by a structured QA/QC process and efficient document control using Microsoft SharePoint. Plan Check Workflow: 1. Confirm receipt of all required documents 2. Route to appropriate reviewers 3. Markup comments on plans and maintain a comment matrix 4. Compile and QC-check consolidated feedback 5. Return the review package to the City/applicant ADVANTEC consistently meets the City’s ten-day turnaround for first submittals and five days for resubmittals, drawing from recent success with the Cities of Yorba Linda, Anaheim, and others. When feasible, direct designer-reviewer coordination expedites resolution, often limiting the full review cycle to three total submittals. C. Construction Support ADVANTEC provides comprehensive construction-phase engineering services to ensure designs are implemented efficiently, accurately, and within budget. Our capabilities include: • Hydrology and Hydraulic Studies • Technical Analysis and Utility Coordination • Conflict Resolution and Easement Support • Stakeholder/Agency Communication • PS&E Preparation and Rapid Emergency Plan Development Page 422 of 655 RFP Professional On-Call Traffic and Transportation Engineering Services: February 2026 City of Diamond Bar 11 • Construction Administration, Inspection, and Contract Documentation • Change Order Review, Cost Analysis, and Record Drawing Preparation Our experience managing on-call construction support for Anaheim, Los Angeles County, and other jurisdictions ensures seamless communication between design, contractor, and client teams through project completion. D. Transportation Planning / Coordination ADVANTEC employs a multi-modal planning framework that aligns transportation infrastructure with community goals, focusing on safety, access, and mobility for all users. Services include: • Transportation system and corridor planning • Traffic Signal System Evaluation and Communication Master Plans • Parking, Bicycle, and Pedestrian Studies • VMT and CMP Compliance for project and regional networks • Coordination on SR-57/SR-60 Corridor, Grade Separations, and CIP Support • Transit integration and interagency coordination with Caltrans, OCTA, Pomona, and Chino Hills Our planners and engineers develop actionable, integrated strategies that help the City balance growth, safety, and mobility within a sustainable multimodal network. E. Traffic Management Systems / Signal Operations ADVANTEC is recognized as a regional leader in traffic signal operations and ITS optimization. We analyze network performance to reduce congestion, improve travel times, and enhance safety. Key services include: • Signal Timing, Coordination, Synchronization, and Fine-Tuning • Signal Operation Implementation and System Optimization • Detector Configuration, MOE Evaluation, and Before/After Studies • Arterial LOS Monitoring and GHG Emissions Analysis • Integration of Adaptive Control Systems such as TransSuite and SCOOT • Field Troubleshooting, Equipment Setup, and 24/7 Emergency Response We provide operational support for the City’s Traffic Management System (TransSuite) and Adaptive Traffic Control System (SCOOT), as deemed necessary, including field technical support for traffic network communication troubleshooting, equipment set up and configuration, and support for ongoing traffic signal operations, including implementation of signal timing and coordination programs as deemed necessary. Our team has extensive experience with similar systems (e.g., Transparity Adaptive signal system for Culver City, Aries in Chino Hills, Centracs in Irvine and Kinetic Mobility in Glendale), enabling seamless TransSuite/SCOOT integration, optimization, and 24/7 emergency response. Our founding Principal, Leo Lee, has implemented 12 adaptive signal systems including SCOOT and he was part of the selection panel with Diamond Bar and LA County staff to select TransSuite Signal System about 10 years ago, and ADVANTEC is known by LACMTA (Metro) to be a well-versed adaptive traffic signal system engineering consultant . F. Meetings / Other Services ADVANTEC supports the City through active participation in City Council, Traffic and Transportation Commission, and community meetings, providing clear visuals, staff reports, and public outreach materials. Additional services include grant funding support, such as: • Identification and tracking of funding opportunities • Preparation and technical review of grant applications • Development of milestones, budgets, and compliance documentation • Coordination of required signatures, certifications, and letters of support • Post-award reporting and accountability assistance We also provide community outreach and technical communication services, ensuring that projects are well-understood, publicly supported, and strategically positioned for funding and implementation success. . 4. COMPARABLE WORK/ PROJECT EXPERIENCE 4.1 RECENT EXAMPLES OF PROVIDING CONSULTANT SERVICES TO OTHER PUBLIC AGENCIES ADVANTEC has an extensive record of success providing on-call traffic engineering, ITS, and transportation planning services for municipalities across Southern California. Within the past 3 years, our on-call projects with Cities of Anaheim, Upland, and Corona exemplifies our ability to serve as a seamless extension of City staff—delivering responsive, high-quality, and data-driven solutions that enhance safety, efficiency, and mobility. For Anaheim, ADVANTEC provides plan check and traffic control review services, Page 423 of 655 RFP Professional On-Call Traffic and Transportation Engineering Services: February 2026 City of Diamond Bar 12 supporting daily operations and maintaining coordination with the City’s Traffic Management Center. In Upland, ADVANTEC serves as the City Traffic Engineer, offering on-site support, policy development, and design services that advance local transportation goals. For Corona, ADVANTEC has implemented citywide signal optimization, ITS upgrades, and pedestrian safety improvements , including design and construction support for solar-powered HAWK signals. Across all these engagements, our team demonstrates technical rigor, proactive communication, and dependable results—qualities that position ADVANTEC as a trusted partner for on-call transportation engineering services. The following table provides a brief description of these 3 On-Call Traffic Engineering Services. Project Name / Description | ADVANTEC Comparable Project City of Anaheim — On-Call Traffic Control Plan Review and Support Client: City of Anaheim Transportation Department Date Range: 2015–2025 ADVANTEC has served as an extension of the City of Anaheim staff, providing on-call plan check, traffic control, and operations support services for over eight years. Our role includes comprehensive review of traffic control plans submitted by consultants, contractors, and utility companies citywide to ensure compliance with safety and operational standards. Using both the WATCH Manual and the California Manual on Uniform Traffic Control Devices (MUTCD), ADVANTEC verifies that all traffic control plans accommodate on-street construction activities while minimizing impacts to motorists, bicyclists, and pedestrians. Our reviews also include coordination with the City’s Traffic Management Center (TMC) and major traffic generators to maintain efficient circulation during construction. Plan reviews are performed electronically through the City’s e-PlanREVIEW (EPR) platform, enabling efficient workflow, document tracking, and timely response. Our staff also enter review hours and project status updates using Accela, supporting transparent performance tracking and reporting for City management. To ensure responsiveness, ADVANTEC staff maintain an on-site presence one to two times per week, meeting with the City’s Principal Traffic Engineer to discuss the weekly work plan, upcoming submittals, and project deadlines. This ongoing coordination allows the City to manage high-volume plan review workloads effectively, with rapid turnaround times and consistent quality assurance. Key Features: on-site presence one or two times per week| plan checked on average 5 to 12 plans per week | turnaround within 1 week Project Reference City of Anaheim 200 S Anaheim Blvd Anaheim, CA 92805 Cesar Morales, PE Principal Traffic Engineer 714-765-5286 cmorales2@anaheim.net Project Name / Description | ADVANTEC Comparable Project City of Upland — On-Call Traffic Engineering Services Client: City of Upland Date Range: 2021 – Present ADVANTEC was selected to provide comprehensive on-call traffic engineering services to the City of Upland, serving as the City’s Traffic Engineer and a trusted technical advisor to staff, elected officials, and the community. Our team delivers responsive, data-driven solutions that enhance safety, mobility, and operational efficiency across the city’s transportation network. ADVANTEC maintains regular on-site office hours each week, with additional availability as needed, ensuring immediate accessibility and timely coordination with City departments. We actively participate in City Council, Planning Commission, and Public Works Committee meetings, preparing staff reports, technical memoranda, and presentations that clearly convey engineering recommendations to decision-makers and the public. Key responsibilities include conducting traffic engineering studies such as speed surveys, parking and congestion analyses, truck route evaluations, school zone safety reviews, and Local Road Safety Program assessments. The team also develops traffic warrants and mitigation measures, reviews development proposals and Conditions of Approval, and ensures compliance with City, County, and State standards. Additional services include: • Traffic signal design and timing updates • Striping and signing plan reviews • Grant writing and funding applications • Traffic and parking policy development • Implementation of new parking meter technologies • Coordination of construction and special event traffic control plans Project Reference City of Upland 460 N. Euclid Ave. Upland, CA 91786 Alan French | Principal Engineer 909-931-4235 afrench@uplandca.gov Page 424 of 655 RFP Professional On-Call Traffic and Transportation Engineering Services: February 2026 City of Diamond Bar 13 • Support to the Police Department on DUI checkpoint layouts, neighborhood safety programs, and school route planning Through this ongoing engagement, ADVANTEC functions as an extension of City staff, providing both on-site augmentation and as-needed design and operational support to deliver efficient, community-focused transportation solutions. Key Features: On-site staff augmentation | Comprehensive as-needed design and operations | Trusted City Traffic Engineer partnership Project Name / Description | ADVANTEC Comparable Project City of Corona — On-Call Traffic Engineering Services Client: City of Corona Date Range: 2019 – Present ADVANTEC provides on-call traffic engineering and intelligent transportation system (ITS) services to the City of Corona, supporting a wide range of planning, design, and construction activities. Our work has helped modernize the City’s traffic signal infrastructure, improve corridor operations, and enhance pedestrian and bicyclist safety through innovative design and technology integration. As part of the Citywide Traffic Signal Optimization Project, ADVANTEC delivered ITS, Traffic, and Public Works services for PS&E preparation and construction support to improve operations at 126 signalized intersections across 12 arterial corridors—including Green River Road, Foothill Parkway, Main Street, Sixth Street, Lincoln Avenue, Ontario Avenue, Magnolia Avenue, McKinley Street, Hidden Valley Parkway, Serfas Club Drive, River Road, and Temescal Canyon Road. Our scope of work included: 1. Project management, coordination, administration, and stakeholder meetings 2. Field investigations and data collection 3. Assessment of existing conditions and development of preliminary improvement plans 4. Preparation of final PS&E deliverables 5. Ongoing construction support and technical assistance Advantec’s systematic approach combined advanced detection technologies and signal optimization strategies to improve network performance and corridor travel times citywide. In addition, ADVANTEC led the HAWK Signal Systems Design Project, providing PS&E and construction support for five solar-powered High-Intensity Activated Crosswalk (HAWK) systems in Corona’s downtown area. The project enhanced pedestrian and bicycle safety through installation of masts, beacons, countdown signal heads, audible push buttons (APS), luminaires, ADA-compliant pedestrian ramps, upgraded signal controllers, and new conduit, pull boxes, signage, and striping—all compliant with City of Corona design standards. ADVANTEC continues to support the City through construction administration, field coordination, and on-call technical support, ensuring high-quality implementation and reliable performance of these safety and mobility improvements. Key Features: Citywide signal optimization (126 intersections) | Advanced ITS deployment | HAWK safety system design and construction support | Ongoing on-call traffic engineering partnership Project Reference City of Corona 400 S Vicentia Ave Corona, CA 92882 Rosie N. Ureno, P.E., T.E. City Traffic Engineer 951-817-5708 Rosalva.Ureno@CoronaCA.gov Page 425 of 655 RFP Professional On-Call Traffic and Transportation Engineering Services: February 2026 City of Diamond Bar 14 5. REFERENCES 5.1 REFERENCES References from similar As-Needed/On-Call Services or projects completed are provided below. References for ADVANTEC Related Projects and Services City of Anaheim 200 S Anaheim Blvd Anaheim, CA 92805 Cesar Morales, PE | Principal Traffic Engineer (714) 765-5286 | cmorales2@anaheim.net Date Range: 2015 – 2026 On-Call Traffic Engineering Services § Signal Timing Upgrades | Traffic Signal Synchronization Plans § Traffic Control and Safety Analysis | Transportation Analysis § Intersection Capacity Enhancement Analysis § Conceptual / Preliminary Design | Street Improvements § Signing/Striping Plans | ITS Planning & Design § Construction Support City of Upland 460 N. Euclid Ave. Upland, CA 91786 Alan French | Principal Engineer 909-931-4235 | afrench@uplandca.gov Date Range: 2021 – Present On-Call Traffic Engineering Services § Weekly On-Site staff augmentation § Traffic Signal Design § Signal Timing § Signal System Master Plan City of Corona 400 S. Vicentia Ave. Corona, CA 92882 Rosie Ureno, PE, TE | City Traffic Engineer (951) 817-5708 | Rosalva.Ureno@CoronaCA.gov Date Range: 2019 – Present On-Call Traffic Engineering Services § HAWK Signal and ADA Improvements PS&E § Citywide Traffic Signal Optimization Project PS&E 6. AGREEMENT ACCEPTANCE STATEMENT ADVANTEC accepts all terms and conditions of the Sample Consultant Services Agreement attached in the RFP. We have held on-call contract for over 15 years with City of Diamond Bar previously. 7. STAFF AVAILABILITY STATEMENT All key staff identified in Section 2 are fully available to provide the requested services to the City of Diamond Bar, with no major conflicting assignments. Each team member’s availability and relevant experience are summarized in the table therein underneath their photo. Our Diamond Bar office, located adjacent to City Hall, includes more than 20 professional engineers and planners, supported by an additional 20 specialists from our Irvine office. This combined depth and breadth of traffic engineering expertise—among the strongest in Southern California—enables ADVANTEC to deliver highly responsive, reliable, and technically sound service to the City. Page 426 of 655 Page 427 of 655 21700 Copley Drive Suite 300 | Diamond Bar | CA 91765 T 909.860.6222 www.advantec-usa.com FEE PROPOSAL ADVANTEC Consulting On-Call Traffic and Transportation Engineering Services: City of Diamond Bar Fully Loaded Hourly Billing Rates Effective July 1, 2026, through June 30, 2029 (Initial Three-Year Contract Term) Classification Rate Principal 410.00 Senior Project Manager/Senior Engineer VIII 345.00 Senior Project Manager/ Senior Engineer VII 285.00 Project Manager/ Senior Engineer VI 250.00 Project Manager/ Engineer V-3 220.00 Project Manager/ Engineer V-2 200.00 Project Manager/ Engineer V-1 180.00 Associate Engineer IV 160.00 Associate Engineer III 145.00 Assistant Engineer II 135.00 Assistant Engineer I 130.00 Administrative III 160.00 Administrative II 130.00 Administrative I 110.00 Direct Costs Mileage IRS Standard Mileage Rate (in effect at time of travel) In-House Plotting (Mylar) $20.00 per D-size sheet In-House Plotting (Bond) $10.00 per D-size sheet Other Direct Costs at Cost + 10% admin Page 428 of 655 Agenda Item #: 6.21 Meeting Date: June 16, 2026 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager SUBJECT: Consulting Services Agreements for On-Call Geotechnical Engineering Services. STRATEGIC GOAL: Safe, Sustainable and Healthy Community RECOMMENDATION: A. Approve, and authorize the City Manager to sign, the Consulting Service Agreement with Willdan Engineering for On-Call Geotechnical Engineering Services through June 30, 2029; B. Approve, and authorize the City Manager to sign, the Consulting Service Agreement with Ninyo & Moore for On-Call Geotechnical Engineering Services through June 30, 2029; and C. Approve, and authorize the City Manager to sign, the Consulting Service Agreement with Converse Consultants, Inc. for On-Call Geotechnical Engineering Services through June 30, 2029. FINANCIAL IMPACT: The Fiscal Year 2026/27 Public Works Operating Budget includes $30,000 for on-call geotechnical engineering services. These funds are available for City projects and operations, including geotechnical investigations, soils analysis, compaction testing, and related services. Additional services related to private development project review will be funded through developer fees and deposits and may be authorized up to the not-to-exceed contract amount. An annual not-to-exceed amount of $100,000 for each selected firm is recommended for on-call geotechnical engineering services. BACKGROUND: To supplement the City’s professional capabilities, geotechnical engineering services have been utilized by the City on an as-needed basis to ensure efficiency in Public Works Department functions such as land development project processing, Capital Improvement Program (CIP) project planning and design, materials testing, geotechnical report review, and construction inspection services. The current consultant service agreements for geotechnical engineering services are set to expire on June 30, 2026. There is a broad range of services within the geotechnical engineering industry, such as: • Geotechnical and engineering geology report reviews Page 429 of 655 Agenda Item #: 6.21 Meeting Date: June 16, 2026 • Preliminary design review • Soil sampling • Material testing • Land development plan check • Geology services • Construction support and inspection Given the diverse range of services that may be required, it is beneficial for the City to retain qualified on-call geotechnical engineering consultants to provide timely and specialized support for City projects and development review activities. ANALYSIS: On March 17, 2026, the City issued a Request for Proposals (RFP) inviting qualified consultants to submit proposals for on-call geotechnical engineering services. A total of ten (10) proposals were received on April 23, 2026, from the following firms: 1. Fenagh LLC 2. Geocon West, Inc. 3. Hushmand Associates, Inc. 4. MTGL, Inc. 5. Ninyo & Moore 6. NOVA Services, Inc. 7. Tetra Tech BAS, Inc. 8. Converse Consultants, Inc. 9. UES Professional Solutions, Inc. 10. Willdan Engineering City staff independently reviewed and evaluated each proposal based on the criteria identified in the RFP, including staff qualifications, firm qualifications, project approach and methodology, level of effort, ability to meet the City’s schedule and expectations, and relevant references. Subsequently, the fee schedules were compared for sample invoices. Based on the evaluation results, the Public Works staff evaluation panel unanimously recommends entering into three (3) year agreements with Willdan Engineering, Ninyo & Moore, and Converse Consultants, Inc., with the option to extend the agreements for one (1) additional two (2) year term upon mutual consent of both parties. Any proposed extension would be presented to the City Council for consideration. Willdan Engineering (Attachment 1 & 2) and Ninyo & Moore (Attachment 3 & 4) are the City’s current on-call geotechnical engineering consultants and have provided responsive and specialized support for land development review, geotechnical report review, grading plan review, slope repair projects, and related engineering services. Their familiarity with the City’s hillside development standards, geologic conditions, and ongoing projects provides valuable continuity and institutional knowledge. Converse Consultants, Inc. (Attachment 5 & 6) demonstrated strong qualifications and extensive experience providing geotechnical engineering services to public agencies throughout Southern California. The firm offers expertise in land development review, plan check services, construction inspection, materials testing, and design support. Staff determined that Converse Consultants, Inc.’s municipal experience, technical expertise, and competitive fee structure would provide additional capacity and value to the City’s on-call geotechnical engineering program. Collectively, these firms provide the breadth of expertise necessary to support City projects and development review activities while ensuring timely service, technical consistency, and continuity for ongoing and future assignments. Page 430 of 655 Agenda Item #: 6.21 Meeting Date: June 16, 2026 Compensation for services will be billed in accordance with each consultant’s approved fee schedule and the specific scope of work authorized by the City. Short form versions of each firm's proposal is provided for reference. LEGAL REVIEW: The City Attorney has reviewed and approved the Agreements as to form. PREPARED BY: Vivian Chen, Associate Engineer, Public Works ATTACHMENTS: 1. Agreement (Willdan) 2. Proposal (Willdan) 3. Agreement (Ninyo & Moore) 4. Proposal (Ninyo & Moore) 5. Agreement (Converse Consultants) 6. Proposal (Converse Consultants) Page 431 of 655 1 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT (the "Agreement") is made as of June 16, 2026 by and between the City of Diamond Bar, a municipal corporation ("City") and Willdan Engineering, Inc., a California corporation ("Consultant"). 1. Consultant's Services. Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the Traffic and Transportation Engineering services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. Vivian Chen, Associate Engineer (herein referred to as the “City’s Project Manager”), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City’s Project Manager to the extent required by the City’s Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City’s Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect July 1, 2026, and shall continue until June 30, 2029 unless earlier terminated pursuant to the provisions herein. The City shall have the option to extend this Agreement for one (1) additional two (2) year term, subject to the same terms and conditions contained herein, by giving Consultant written notice of the exercise of this option at least thirty (30) days prior to the expiration of the initial Term. In the event the City exercises its option to extend the Term, Consultant's compensation shall be subject to an adjustment upon the effective date of extension as follows: Consultant’s rates shall be fixed during the initial Term of this Agreement. Rate increases in compensation will be only considered in the event the City exercises its option to extend the Agreement and apply as of July 1, 2029. Any rate increase will be negotiated between the City and the Consultant, but in no event shall the increase exceed the amount that the Consumer Price Index ("CPI") for the Los Angeles - Anaheim-Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") as reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. Page 432 of 655 2 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00) per Fiscal Year without the prior written consent of the City. The above not-to-exceed amount shall include all costs, including but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. 4. Payment. A. Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. Payment will be made only after submission of proper invoices. D. City will pay Consultant the amount property invoiced within 35 days of receipt. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time , if any, and adjustment of the fee to be paid by City to Consultant. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. 7. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent , except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is Page 433 of 655 3 audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws. D. Consultant shall, at Consultant’s sole cost and expense, fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Consultant’s failure to comply with this Section. 8. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. To the maximum extent permitted by Civil Code section2782.8, Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Workers’ Compensation Act and other employee benefit acts with respect to Consultant’s employees or Consultant’s contractor’s employees arising out of Consultant’s work under this Agreement; and (2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this A greement, regardless of City’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its Page 434 of 655 4 sole discretion find Consultant’s legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys ' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third-party indemnification rights of any kind. (3) Any and all claims for loss, injury to or death of persons or damage to property caused by the negligent professional act or omission in the performance of professional services pursuant to this Agreement. (4) The Consultant’s obligations to indemnify, defend and hold harmless the City shall survive termination of this Agreement. 10. Insurance. A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) A policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) Property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) Automotive liability insurance written on an occurrence basis covering all owned, non-owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater; and (5) Professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a combined single limit of $1,000,000. If such insurance is on a claims made basis, Consultant agrees to keep such insurance in full force and effect for at least five years after termination or date of completion of this Agreement. Page 435 of 655 5 B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) days prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A -, VII. In the case of professional liability insurance, such coverage shall be issued by companies either licensed or admitted to conduct business in the State of California as long as such insurers possess the aforementioned Best’s rating. E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Consultant fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant. Page 436 of 655 6 I. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 12. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 14. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. Page 437 of 655 7 B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 15. Termination. The City may terminate this Agreement with or without cause upon thirty (30) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the thirtieth (30th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 16. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Except as otherwise authorized by the City’s Project Manager, Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant’s services under this Agreement, but City reserves the right in its sole discretion to required Consultant to exclude any employee from performing services on City’s premises. 17. Non-Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. 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. C. 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. 18. Reserved Page 438 of 655 8 19. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 20. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Consultant’s control. If Consultant believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Consultant be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 21. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 22. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 23. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. 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. 24. Attorney’s Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney’s fees and costs, including costs of expert witnesses and consultants. 25. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual Page 439 of 655 9 good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 26. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. “CONSULTANT” “CITY” Willdan Engineering, Inc. City of Diamond Bar 1515 South Sunkist Street, Suite E 21810 Copley Drive Anaheim, CA 92806 Diamond Bar, CA 91765-4178 Attn.: Ross Khiabani, PE, GE Attn.: Daniel Fox, City Manager Phone: 714-634-3318 Phone: (909) 839-7010 E-mail: rkhiabani@willdan.com E-mail: dfox@diamondbarca.gov 27. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 28. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 29. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. Page 440 of 655 10 "Consultant" "City" CITY OF DIAMOND BAR By: ______ By: Printed Name________________ Dan Fox, City Manager Title: ___________________________ By: ATTEST: Printed Name: Title: Kristina Santana, City Clerk Approved as to form: By: Omar Sandoval, City Attorney *NOTE: If Consultant is a corporation, the City requires the following signature(s): -- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. By: Printed Name: Kate _Nguyen___ _ Title: _Secretary______ _ Page 441 of 655 April 23, 2026 City of Diamond Bar On-Call Geotechnical Engineering Services Proposal for DIRECT CONTACT Ross Khiabani, PE, GE Project Manager 657.221.2715 rkhiabani@willdan.com Page 442 of 655 562.908.6200 | 800.499.4484 | fax: 562.695.2120 | 13191 Crossroads Parkway North, Suite 405 Industry, CA 91746 | www.willdan.com Cover Letter April 23, 2026 Attn: Hal Ghafari, P.E., Public Works Manager/Assistant City Engineer City of Diamond Bar Submitted via PlanetBids Subject: Proposal for On-Call Geotechnical Engineering Services The City of Diamond Bar is seeking proposals from qualified Geotechnical Engineering firms to provide on-call geotechnical and soils engineering services. Willdan Engineering (Willdan) brings the technical expertise, staffing depth, and local presence necessary to support the City’s projects efficiently and effectively. Strong Project Manager and Team. Our team is led by Ross Khiabani, PE, GE, who brings more than 50 years of experience in geotechnical engineering, materials testing, and inspection services for schools, commercial and industrial developments, public works, and transportation projects. He will be supported by a highly qualified team, including Chris Baca, RCI, Director of Construction Management Services; Joe Ritchey, Materials Testing and Inspection Lead; Alireza Kazem, PhD, EIT, Geotechnical Engineer; Joseph Barr, PG, PE, Engineering Geology Lead; and Ramon Calbay, Laboratory Testing Lead. Together, this team provides comprehensive technical oversight and quality assurance across all assignments. Full-Service Testing Facilities: A key strength of our team is our full-service soils and materials testing laboratory located in Anaheim, approximately 25 minutes from Diamond Bar City Hall. Our laboratory is certified and/or accredited by the Division of the State Architect (DSA), the City of Los Angeles, the AASHTO Materials Reference Laboratory (AMRL), and Caltrans. We are highly experienced in Caltrans requirements and have successfully completed more than 100 audits. This local, fully accredited facility enables us to provide responsive service, reliable testing, and timely reporting. To further enhance our service capabilities, we have partnered with three specialized subconsultants: Build with PMC (pavement coring and traffic control), Geo-Logic Associates (R-value testing), and Converse Consultants (Environmental Engineering). These partnerships ensure the City receives comprehensive and seamless support across all required disciplines. City of Diamond Bar Long-Term Partnership. Willdan has maintained a continuous geotechnical services relationship with the City of Diamond Bar since 2003, providing specialized expertise in the City's challenging hillside terrain and complex geological conditions. The firm's services to Diamond Bar have encompassed geotechnical and materials testing and inspection services for street rehabilitation projects, including observation and testing of mill and overlay operations, reconstruction of pavement sections including aggregate base and asphalt concrete layers, and cold central plant recycling with overlay. Willdan has served as the City's Geotechnical Reviewer for the Public Works Department, reviewing developers' submitted soils reports for all new development projects to ensure compliance with the City's hillside development standards. Through decades of serving public agencies, we understand the coordination, documentation, quality control, and accountability required for public-sector projects. We are committed to helping the City complete projects on time and within budget while maintaining the highest standards of safety and technical excellence. Willdan would be proud to serve as a proactive and dependable member of the City’s consultant team. Contact Person for Inquiries Regarding Proposal Representative Authorized to Bind the Company Ross Khiabani, PE, GE Project Manager 1515 South Sunkist Street, Street E Anaheim, CA 92806 (657)221-2715 rkhiabani@willdan.com Chris Baca, RCI Director of Construction Management Services 13191 Crossroads Parkway North, Suite 405 Industry, CA 91746 (562)364-8198 cbaca@willdan.com Page 443 of 655 We thank the City of Diamond Bar for the opportunity to submit our qualifications for on-call materials testing, inspection services, and environmental engineering. We look forward to continuing working with the City and forging a successful partnership. If you have any questions about our submittal, please contact our proposed Project Manager, Ross Khiabani, PE, GE, at the information above. Respectfully submitted, WILLDAN ENGINEERING Chris Baca, RCI Director of Construction Management Services Page 444 of 655 Proposal for On-Call Geotechnical Engineering Services 1 Page 445 of 655 Proposal for On-Call Geotechnical Engineering Services 3 1. PROJECT TEAM Key personnel will be available to the extent proposed for the duration of the services and an acknowledgement that no person designated as key personnel shall be removed or replaced without the prior written concurrence of the City. Willdan has provided brief resumes for key personnel in the Appendix. Name Role Key Personnel Chris Baca, RCI Principal-in-Charge (Director of Construction Services) Ross Khiabani, PE, GE Senior Project Engineer Alireza Kazem, PhD, EIT Project Manager, Field Geotechnical Engineering Lead Joe Ritchey Materials Testing and Inspection Lead Ramon Calbay Laboratory Testing Manager Lead Organizational Chart Subcontractors Although Willdan can provide most of the requested services in-house, we have teamed up with three subcontractors. These additional team members will act on behalf of Willdan to provide the following services: Services to be Provided Subconsultant Pavement Coring & Traffic Control PMC, Inc. Laboratory Soil Testing – R value Test Geo-Logic Associates Environmental Engineering and Science Services Converse Consultants Page 446 of 655 Proposal for On-Call Geotechnical Engineering Services 4 Anticipated Subcontractors Build with PMC (PMC) is an industrial construction company founded in June 1980. Its quality workmanship provides customers with a timely, cost-effective, safe, and clean job. PMC performs the work professionally, from conception through project completion, doing all that is possible to make each project run smoothly for our customers. PMC specializes in Asphalt and Concrete Corroding, including temporary traffic control for fieldwork. PMC will provide Pavement Coring & Traffic Control for Willdan on this on-call contract. Geo-Logic Associates (GLA) is an employee-owned multidisciplinary civil, environmental, geologic, and geotechnical consulting firm established in 1991. GLA employs over 250 highly experienced professionals located throughout 26 U.S. office locations as well as an office in Lima, Peru. GLA is a group of over 250 well-qualified and seasoned professionals providing a full range of services from planning to design and construction. GLA is committed to quality service at competitive prices and is known for providing clients with creative, cost-saving solutions to address their most complex engineering and construction challenges. GLA's team members take pride in providing a responsive, high-quality work product and have proven their innovative ability to utilize problem-solving techniques to solve even the most complex issues our clients face successfully. Built with over 26 years of experience, GLA has a strong reputation for performing project work on schedule and under budget, as evidenced by the high rate of repeat and direct-assign work. Geologic will perform R-value testing for Willdan on this on-call contract. Converse Consultants provide Phase I and II Environmental Site Assessments; Preliminary Endangerment Assessments; Asbestos, Lead- base Paint, and Mold surveys and monitoring; Third Party Reviews and Consultation; Project Management; and Hazardous Material Audits, SCAQMD Permitting, Supervising Hazardous Material Pickups, and Maintaining Hazardous Materials Databases. Additional services include Remedial Action Workplans (as well as overseeing the implementation of those workplans); the development and implementation of Stormwater Pollution Prevention Plans and related documents; and field experience relating to environmental investigations and remediation includes the collection of soil, soil vapor, ambient air, and groundwater samples, installation of groundwater and soil vapor monitoring wells, remedial extraction and injection wells, preparation of boring logs in accordance with Unified Soil Classification System methods, waste stream management, and evaluation of Best Management Practices (BMPs) at construction sites. Converse Consultants 717 S. Myrtle Ave. Monrovia, CA 91016 Mr. Norman S. Eke (626) 807-3407 neke@converseconsultants.com Lam Dang (714) 630-5855 ldang@geo-logic.com Robert Kelley (562) 755-1634 rkelly@pacmech.net Page 447 of 655 Proposal for On-Call Geotechnical Engineering Services 5 2.FIRM’S EXPERIENCE/REFERENCES Overall Qualifications Willdan Engineering (Willdan), a California corporation since 1964, is a subsidiary of Willdan Group, Inc., a publicly traded Delaware corporation. On-call/As-needed engineering services are Willdan's foundation, and our staff includes former public agency or contract agency staff. Willdan has extensive experience providing a complete range of engineering services to local agencies on an as-needed and project-specific basis. Our capabilities encompass streets and highways, drainage, water/wastewater, signals, traffic programs, bridges and structures, landscaping, and mapping. We provide services in all phases of project development, including site analysis and conceptual development, preliminary and final design, and construction management and inspection. Our services involve environmental planning, facility financing, and state-of-the-art computer-aided design. We have direct experience with county, state, and federal processes, regulations, and requirements. Throughout our 62-year history, Willdan has been a consistent industry leader providing all aspects of municipal, infrastructure, and transportation engineering; program management; financial consulting; municipal planning; environmental; energy-related services, along with a full complement of related disciplines. Dedicated to providing public agencies with reliable, quality, and cost-effective services, Willdan merges sound solutions with a solid respect for the fiscal responsibility faced by local agencies and the concerns of affected communities. This approach has proven responsive to the most challenging budget, schedule, and aesthetic requirements. It is a contributing factor to our industry reputation and our company growth. Willdan addresses the varied demographics of our public agency clients through focused, specialized services offering solutions tailored to the unique goals and visions of each agency. Willdan's corporate-wide staffing resources have grown from 637 in 2014 to over 1,800 employees in 50+ offices nationwide. Southern California offices include our corporate headquarters in Anaheim, a geotechnical lab and office also in Anaheim, as well as offices in Ventura, Industry, Los Angeles, Riverside, and San Bernardino. Geotechnical & Materials Testing Services Willdan has a resolute, full-time staff of geotechnical engineers, geologists, and field and laboratory technicians. We also have a pool of qualified independent construction specialty inspectors and technicians. Our staff has experience throughout the San Bernardino, Los Angeles, Orange, Riverside, and Ventura counties, and is particularly familiar with local geologic and geotechnical conditions. We are confident we can provide all the services listed in your RFQ. Willdan maintains a full-service soil and material testing laboratory. Our laboratory is certified by the California Department of Transportation and the City of Los Angeles. We also participate in the Caltrans Proficiency Programs. Page 448 of 655 Proposal for On-Call Geotechnical Engineering Services 9 Responsive Inspection and Testing Services Willdan maintains the organizational capacity and field personnel availability to provide responsive inspection services within short notice timeframes. The firm's local presence in Orange and Los Angeles Counties enables rapid deployment of certified inspectors and testing technicians to project sites. Willdan coordinates inspection schedules with contractors and public works staff to ensure timely presence for critical construction activities including foundation excavations, compaction operations, concrete placements, and asphalt paving. The firm's inspection and testing services support both private development projects requiring permit compliance and public capital improvement projects requiring construction quality assurance. Additional Los Angeles County Experience Willdan provides comprehensive geotechnical and materials testing services to numerous Los Angeles County municipalities including the Cities of Downey, La Puente, Paramount, Inglewood, Lakewood, Rosemead, Rolling Hills, Rolling Hills Estates, and Rancho Palos Verdes. This extensive regional experience provides Willdan's team with in-depth familiarity with the geologic and geotechnical conditions characteristic of the Los Angeles Basin and surrounding hillside areas. Willdan's personnel maintain working relationships with local building officials, public works departments, and reviewing agencies throughout the region, facilitating efficient project coordination and regulatory compliance. Willdan Office: 13191 Crossroads Parkway North, Suite 405 Industry, CA 91746 Phone: (562) 908-6200 The Industry office serves as Willdan's primary location for Los Angeles County geotechnical services, located in Los Angeles County adjacent to Diamond Bar. 3. PROJECT UNDERSTANDING Diamond Bar’s Geotechnical Setting Willdan understands that Diamond Bar’s hillside terrain, expansive soils, groundwater conditions, and variable subsurface profiles create recurring challenges for both public infrastructure and private development. These conditions affect slope stability, foundations, utilities, and pavement performance, requiring responsive geotechnical review, field observation, and practical recommendations. Our team has extensive experience throughout Los Angeles County delivering subsurface exploration, testing, engineering analysis, and construction support for these same conditions. Approach to Land Development Services Willdan will provide a coordinated approach to pre-entitlement review, permitting, final plan review, and construction inspection that supports City timelines and code compliance. We will identify geotechnical constraints early, review grading and foundation documents for consistency with City standards and code requirements, and provide clear written comments to help applicants resolve issues efficiently. During construction, we will perform grading, compaction, foundation, retaining wall, and drainage observation while coordinating closely with City staff and project teams. Approach to Public Infrastructure Services For public projects, Willdan will deliver geotechnical investigations, design support, construction inspection, and infrastructure evaluation to support the City’s capital and maintenance needs. Our work will include subsurface exploration, laboratory testing, pavement and foundation recommendations, slope and retaining wall analysis, and stormwater infiltration assessments as needed. We will also provide inspection and monitoring services for earthwork, paving, structures, slopes, and distressed infrastructure to help the City protect long-term asset performance. Anticipated Challenges and Mitigation Willdan recognizes that Diamond Bar’s topography and subsurface variability require quick response, sound Page 449 of 655 Proposal for On-Call Geotechnical Engineering Services 10 judgment, and consistent field oversight. Our local office supports timely mobilization for urgent reviews, inspections, and emergency conditions. To address expansive soils, groundwater, and regulatory requirements, we will apply rigorous testing, construction observation, and code-based technical review, while maintaining qualified geotechnical and engineering geology staff available for both routine assignments and emergency response. Integration with the City Willdan will serve as an extension of the City’s Public Works Department by providing specialized geotechnical expertise through clear communication, defined roles, and dependable turnaround. Our Principal-in-Charge, Project Manager, and licensed Geotechnical Engineer will coordinate task assignments, quality control, and City communication to ensure consistent service delivery. By using the City’s electronic review processes, attending meetings as requested, and maintaining direct points of contact for routine and urgent matters, we will provide responsive support for development review, public projects, and emergency conditions. Quality Assurance/Control Willdan prioritizes quality control and prepares a project-specific Quality Control Plan in accordance with our Quality Assurance Manual to ensure projects are delivered on time and within budget. The Project Manager and/or Principal-in-Charge will seek City feedback throughout the project and at the completion of each phase. All testing will comply with ASTM Standards and/or California Test Methods as specified in the Caltrans Manual of Testing, and reports will include detailed documentation of samples, procedures, conditions, equipment, and results. Scope of Services Willdan’s geotechnical team, led by Ross Khiabani, PE, GE, and Ali Kazem, PhD, EIT, with support from Director of Construction Services Chris Baca, RCI will provide the staffing and resources necessary to meet the City’s geotechnical engineering and materials testing needs. Our dedicated team will remain accessible during normal business hours for the duration of the project. We prioritize strong, collaborative relationships with the City, design team, contractors, and all project stakeholders. Upon receiving directions from the City’s Project Manager, we will confirm project goals, develop a detailed work plan, and establish a task-based budget and schedule. Qualified staff will be assigned based on project needs, and all services will be delivered in accordance with City requirements and applicable federal, state, and local standards. 1. Willdan will coordinate closely with the City’s Project Manager to clearly understand each scope of work and effectively communicate project needs and objectives to our field staff, beginning with initial and continuing communications throughout the project. 2. We will collaborate with City staff to develop a work plan, budget, and schedule in accordance with the City’s approved QAP, performing all services in compliance with applicable codes, regulations, ordinances, and guidelines. Page 450 of 655 Proposal for On-Call Geotechnical Engineering Services 11 3. Our approach to providing services to the City is to assign qualified personnel to each phase of the project. 4. Reports will be reviewed by a geotechnical engineer and, if appropriate, a certified engineering geologist. 5. Preliminary reports and test results will be submitted in accordance with the City’s QAP timelines. Laboratory and field testing will be performed by qualified, experienced technicians, and all results will be documented and logged. 6. The City will review the reports and make any changes before the final draft. 7. Willdan will provide all deliverables to the City for their archives. Services shall be performed on an as-needed basis as directed by the City and may include, but are not limited to, the following: A. Land Development Services 1. Pre-Entitlement Review o Provide preliminary review of proposed private development projects prior to Planning Commission or City Council consideration. o Review geotechnical reports, grading plans, and related technical documents associated with subdivisions, commercial developments, and other private projects. o Participate in meetings with City staff, applicants, and others as requested, either virtually or in person. 2. Permitting and Final Plan Review o Review and recommend approval of geotechnical reports, grading plans, and related documents for entitled projects during the permitting phase. o Provide written comments, redline markups, and technical recommendations consistent with City standards and applicable codes. 3. Construction Inspection and Field Services o Provide inspection services for grading, compaction, and other geotechnical-related construction activities associated with private development. o Provide inspection services in a timely manner, generally within forty-eight (48) hours of request, as coordinated with the City. 4. Meetings and Coordination o Attend pre-construction meetings, design review meetings, construction coordination meetings, and other meetings as requested by the City. o Provide clarification and technical support throughout the duration of each assigned project. 5. Plan Check Processing Requirements o The City processes electronic plan submittals only. Consultants shall be capable of receiving, reviewing, and returning all plan check submittals, comments, and redline markups electronically. o Standard plan check reviews shall be completed within ten (10) business days of receipt unless otherwise directed by the City. o For complex projects, including subdivisions or large commercial developments, review timelines may be negotiated on a case-by-case basis. Page 451 of 655 Proposal for On-Call Geotechnical Engineering Services 12 o For complex projects, including subdivisions or large commercial developments, review timelines may be coordinated with the City on a case-by-case basis. B.General Engineering Services 1.Geotechnical Investigations and Design o Perform soils investigations, analysis, testing, and geotechnical engineering evaluations for public improvement projects. o Prepare technical studies, calculations, reports, plans, specifications, and recommendations related to geotechnical conditions. 2.Construction Inspection for Public Project o Provide inspection services for grading, slope stabilization, street improvements, and miscellaneous facility improvements within public rights-of-way or on public property, including parks and City facilities. 3.Monitoring, Evaluation, and Advisory Services o Provide geotechnical monitoring services for existing infrastructure, including but not limited to roadways, slopes, retaining structures, and other improvements. Services may include periodic site observations, condition assessments, instrumentation monitoring, documentation of observed conditions, and preparation of technical memoranda or reports summarizing findings and recommendations. 4.Other Geotechnical-Related Services o Perform other geotechnical engineering-related tasks as requested by the City that are consistent with the qualifications of a California-licensed Geotechnical Engineer. o Such services may include, but are not limited to, forensic evaluations, peer review, technical advisory services, emergency response support, and specialized analyses related to soil, foundation, slope, and earthwork performance. C.General Contract Provisions Willdan will serve as independent contractors to the City. Willdan will not concurrently provide geotechnical services to other public or private clients conducting business with the City during the term of the agreement and for six (6) months following completion, unless the City determines that no conflict of interest exists. Willdan will not provide plan review services for the City on projects where it has acted or will act as the agent or engineer for the developer of the project or permit applicant(s). Compensation for individual assignments shall be on a lump-sum or time-and-materials basis, as specified in writing by the City at the time of assignment. 4. SCHEDULE Budget and Schedule Control Willdan understands the City may require services on short notice and under accelerated schedules. Our team is committed to responding promptly and meeting demanding timelines without compromising quality. The Project Manager monitors resources and budget performance through weekly reports generated in Ability to Provided Services on Short Notice We commit our team to respond to the review, design and construction needs of the City in a timely manner and to meet accelerated project schedules Page 452 of 655 Proposal for On-Call Geotechnical Engineering Services 13 Deltek T&E and IBM Cognos, tracking hours and expenditures by task to quickly identify variances. Timesheets are submitted weekly and logged promptly, enabling real-time project oversight. Staffing is coordinated weekly to flexibly manage workload fluctuations across projects. With a strong track record of meeting schedules and maintaining quality, Willdan is confident in our ability to support the City’s construction timeline. Our management team remains committed to technical excellence, applying the full strength of the firm to deliver practical and effective solutions. Baseline Schedule Development and Validation At the outset of construction, we will work closely with the Contractor and the City to establish a fully detailed, logic-driven CPM baseline schedule that reflects the full contract duration and critical milestones. Our in-house scheduling team will conduct a comprehensive schedule review to verify proper sequencing, realistic durations, inclusion of utility coordination activities, regulatory constraints, long-lead procurement, and allowance for weather impacts, consistent with the contract requirements. The baseline schedule will not be recommended for approval until all discrepancies are resolved and the critical path is clearly defined. Centralized Schedule Control and Monitoring Once construction is underway, our Construction Manager will serve as the central hub for schedule coordination, using a spoke-and-wheel communication structure to align the Contractor, utilities, inspectors, designers, and City staff. We will rigorously monitor monthly schedule updates against the approved baseline and any City-approved time extensions, identifying variances, emerging risks, and shifts to the critical path. Key schedule controls will include:  Weekly review of the Contractor’s four-week look-ahead schedules  Formal tracking of planned versus actual progress  Continuous validation that utility work, inspections, and third-party coordination are fully integrated into the CPM schedule  Use of schedule analysis tools to verify logic, constraints, and float consumption Schedule status and concerns will be a standing agenda item at weekly progress meetings, ensuring transparency and timely corrective action. Proactive Issue Identification and Mitigation Our team emphasizes early identification of schedule risks before they become delays. Through daily field presence, close coordination with inspectors, and active management of RFIs, submittals, and change orders, we will identify potential impacts to the schedule and work with the City and Contractor to implement mitigation strategies. When issues arise, we will present the City with clear options, associated schedule impacts, and recommended paths forward to maintain progress. Utility and Stakeholder Coordination Given the project’s extensive utility interfaces and proximity to active transportation corridors, we will place special emphasis on utility coordination and stakeholder alignment. Utility activities will be tracked as schedule- driven tasks, not standalone efforts, ensuring accountability and integration with construction sequencing. Our team will also coordinate closely with City departments, transit agencies, and regulatory partners to avoid approval-related delays. Time Impact Analysis and Change Management When delays are alleged, our team will require properly documented Time Impact Analyses consistent with contract requirements. We will evaluate each request objectively, negotiate fair and defensible time extensions when warranted, and reject unsupported claims. This disciplined approach protects the City’s interests while maintaining momentum toward project completion. Page 453 of 655 Proposal for On-Call Geotechnical Engineering Services 14 Reporting and Accountability Schedule performance will be clearly documented and communicated through:  Weekly Statements of Working Days  Monthly CM progress reports comparing planned versus actual progress  Regular updates to the City Project Manager highlighting trends, risks, and corrective actions This structured reporting ensures City leadership has timely, accurate information to support informed decision- making. Commitment to On-Time Delivery Through centralized leadership, rigorous schedule controls, proactive coordination, and transparent communication, our Construction Management team will provide the focused oversight necessary to deliver the Shoreline Drive Realignment Project on schedule while meeting the City’s goals for safety, quality, and public accountability. 5. FEE PROPOSAL Our proposed fee proposal has been submitted separately. 6. AGREEMENT Willdan confirms that all terms and conditions are acceptable in the City’s Consultant Services Agreement. Page 454 of 655 WILLDAN ENGINEERING Schedule of Hourly Rates Effective July 1, 2025 to June 30, 2026 ** For Non-Prevailing Wage Project *** For Prevailing Wage Project Mileage/Field Vehicle usage will be charged at the rate in accordance with the current FTR mileage reimbursement rate, subject to negotiation. Additional billing classifications may be added to the above listing during the year as new positions are created. Consultation in connection with litigation and court appearances will be quoted separately. The above schedule is for straight time. Overtime will be charged at 1.5 times, and Sundays and holidays, 2.0 times the standard rates. Blueprinting, reproduction, messenger services, and printing will be invoiced at cost plus fifteen percent (15%). A sub consultant management fee of fifteen percent (15%) will be added to the direct cost of all sub consultant services to provide for the cost of administration, consultation, and coordination. Valid July 1, 2025 thru June 30, 2026, thereafter, the rates may be raised once per year to the value between the 12-month % change of the Consumer Price Index for the Los Angeles/Orange County/Sacramento/San Francisco/San Jose area and five percent. For prevailing wage classifications, the increase will be per the prevailing wage increase set by the California Department of Industrial Relations. Rev02 - 01.08.2026 DESIGN ENGINEERING Technical Aide I $83 Technical Aide II $106 Technical Aide III $124 CAD Operator I $132 CAD Operator II $153 CAD Operator III $170 GIS Analyst I $169 GIS Analyst II $185 GIS Analyst III $193 Environmental Analyst I $149 Environmental Analyst II $166 Environmental Analyst III $177 Environmental Specialist $191 Designer I $174 Designer II $181 Senior Designer I $190 Senior Designer II $199 Design Manager $205 Senior Design Manager $212 Plans Reviewer I $160 Plans Reviewer II $178 Senior Plans Reviewer $195 Project Manager I $198 Project Manager II $220 Project Manager III $238 Project Manager IV $253 Principal Project Manager $263 Assistant Engineer I $146 Assistant Engineer II $160 Assistant Engineer III $169 Assistant Engineer IV $180 Associate Engineer I $189 Associate Engineer II $198 Associate Engineer III $202 Senior Engineer I $205 Senior Engineer II $210 Senior Engineer III $213 Senior Engineer IV $217 Supervising Engineer $226 Traffic Engineer I $226 Traffic Engineer II $253 City Engineer I $241 City Engineer II $253 Deputy Director $270 Director $285 Principal Engineer $325 BUILDING AND SAFETY Code Enforcement Technician $109 Code Enforcement Officer $125 Senior Code Enforcement Officer $147 Supervisor Code Enforcement $178 Fire Plans Examiner $178 Senior Fire Plans Examiner $195 Fire Inspector $164 Senior Fire Inspector $178 Fire Marshal $210 Plans Examiner Aide $117 Plans Examiner $178 Senior Plans Examiner $195 Assistant Construction Permit Specialist $125 Construction Permit Specialist $131 Senior Construction Permit Specialist $155 Supervising Construction Permit Specialist $164 Assistant Building Inspector $147 Building Inspector $164 Senior Building Inspector $178 Supervising Building Inspector $195 Inspector of Record $208 Assistant Building Official $185 Deputy Building Official $211 Building Official $221 Plan Check Engineer $204 Supervising Plan Check Engineer $206 Principal Project Manager $263 Deputy Director $270 Director $285 PLANNING CDBG Technician $97 CDBG Specialists $114 CDBG Analyst $132 Sr. CDBG Analyst $140 CDBG Coordinator $156 CDBG Manager $188 Housing Specialist $138 Housing Program Coordinator $156 Planning Technician $134 Assistant Planner $167 Associate Planner $181 Senior Planner $206 Principal Planner $215 Planning Manager $228 Deputy Director $270 Director $285 CONSTRUCTION MANAGEMENT Labor Compliance Specialist $150 Senior Labor Compliance Specialist $165 Assistant Labor Compliance Manager $180 Labor Compliance Manager $200 Utility Coordinator $172 Office Engineer I $151 Office Engineer II $165 Assistant Construction Manager $172 Construction Manager $191 Senior Construction Manager $207 Resident Engineer I $215 Resident Engineer II $223 Project Manager IV $253 Deputy Director $270 Director $285 INSPECTION SERVICES Public Works Observer ** $135 Public Works Observer *** $170 Senior Public Works Observer** $147 Senior Public Works Observer *** $170 MAPPING AND EXPERT SERVICES Survey Analyst I $151 Survey Analyst II $174 Senior Survey Analyst $187 Supervisor - Survey & Mapping $209 Principal Project Manager $263 LANDSCAPE ARCHITECTURE Assistant Landscape Architect $157 Associate Landscape Architect $181 Senior Landscape Architect $199 Principal Landscape Architect $211 Principal Project Manager $263 ADMINISTRATIVE Administrative Assistant I $102 Administrative Assistant II $123 Administrative Assistant III $144 Project Accountant I $116 Project Accountant II $136 Project Controller I $144 Project Controller II $163 Page 455 of 655 Page 1 of 4 Rev V01 04.16.2025 WILLDAN GEOTECHNICAL / MATERIALS TESTING Prevailing Wage Schedule of Hourly Rates Effective July 1, 2025 to June 30, 2026 **For inspector/soil technician there is a four-hour minimum. Any hours worked more than the four-hour minimum will be charged at the eight-hour daily rate. Same day cancellations will be charged as a four-hour minimum. Mileage/Field Vehicle usage will be charged at the rate in accordance with the current FTR mileage reimbursement rate, subject to negotiation. Travel time to and from the job site will be charged at the hourly rates for the appropriate personnel. Staff assignments depend on availability of personnel, site location, and the level of experience that will satisfy the technical requirements of the project and meet the prevailing standard of professional care. The above schedule is for straight time. Overtime will be charged at 1.5 times, and Sundays and holidays, 2.0 times the standard rates.. Blueprinting, reproduction, messenger services, and printing will be invoiced at cost plus fifteen percent (15%). A subconsultant management fee of fifteen percent (15%) will be added to the direct cost of all subconsultant services to provide for the cost of administration, consultation, and coordination. Valid July 1, 2025 thru June 30, 2026, thereafter, the rates may be raised once per year to the value between the 12-month % change of the Consumer Price Index for the Los Angeles/Orange County/Sacramento/San Francisco/San Jose area and five percent. For prevailing wage classifications, the increase will be per the prevailing wage increase set by the California Department of Industrial Relations. GEOTECHNICAL Soil Technician (Prevailing Wages)** $157 Sr. Soil Technician (Prevailing Wages)** $157 Geologist II $200 Supervising Geologist $226 CAD Operator II $153 Assistant Engineer I $144 Assistant Engineer II $160 Assistant Engineer III $169 Senior Engineer I $205 Senior Engineer II $210 Senior Engineer III $213 Supervising - Lab Inspector $148 Field Operations Manager $159 Supervising Engineer $226 Principal Project Manager $247 Principal Engineer $278 SPECIAL INSPECTION Special Inspection (Prevailing Wages)** $164 Supervisor $178 ADMINISTRATIVE Administrative Assistant I $102 Administrative Assistant II $123 Administrative Assistant III $144 EXPERT WITNESS Principal Engineer/Geologist $453 Page 456 of 655 Page 2 of 4 Rev V01 04.16.2025 WILLDAN GEOTECHNICAL / MATERIALS TESTING Non-Prevailing Wage Schedule of Hourly Rates Effective July 1, 2025 to June 30, 2026 Staff assignments depend on availability of personnel, site location, and the level of experience that will satisfy the technical requirements of the project and meet the prevailing standard of professional care. The above schedule is for straight time. Overtime will be charged at 1.5 times, and Sundays and holidays, 2.0 times the standard rates. Mileage/Field Vehicle usage will be charged at the rate in accordance with the current FTR mileage reimbursement rate, subject to negotiation. Travel time to and from the job site will be charged at the hourly rates for the appropriate personnel. Blueprinting, reproduction, messenger services, and printing will be invoiced at cost plus fifteen percent (15%). A subconsultant management fee of fifteen percent (15%) will be added to the direct cost of all subconsultant services to provide for the cost of administration, consultation, and coordination. Valid July 1, 2025 thru June 30, 2026, thereafter, the rates may be raised once per year to the value between the 12-month % change of the Consumer Price Index for the Los Angeles/Orange County/Sacramento/San Francisco/San Jose area and five percent. GEOTECHNICAL Soil Technician (Non-Prevailing Wages) $101 Sr. Soil Technician (Non-Prevailing Wages) $119 Geologist II $200 Supervising Geologist $226 CAD Operator II $153 Assistant Engineer I $144 Assistant Engineer II $160 Assistant Engineer III $169 Senior Engineer I $205 Senior Engineer II $210 Senior Engineer III $213 Supervising - Lab Inspector $148 Field Operations Manager $159 Supervising Engineer $226 Principal Project Manager $247 Principal Engineer $278 SPECIAL INSPECTION Special Inspection (Non-Prevailing Wages) $101 Supervisor $178 ADMINISTRATIVE Administrative Assistant I $102 Administrative Assistant II $123 Administrative Assistant III $144 EXPERT WITNESS Principal Engineer/Geologist $453 Page 457 of 655 Page 3 of 4 Rev V01 04.16.2025 WILLDAN GEOTECHNICAL / MATERIALS TESTING Unit Testing Rate Sheet* Effective July 1, 2025 to June 30, 2026 Identification and Index Properties In-situ Moisture and Density (ASTM D2937) $50 per Test Grain Size Analysis – Sieve Only (ASTM D6913) $150 per Test Grain Size Analysis – Sieve & Hydrometer (ASTM D6913 & D7928) $250 per Test Percent Passive #200 Sieve (ASTM D1140) $120 per Test Atterberg Limits – Multi Point (ASTM D4318) $250 per Test Atterberg Limits – One Point (ASTM D4318) $100 per Test Specific Gravity (ASTM D854) $150 per Test Sand Equivalent (ASTM D2419) $168 per Test Compaction and Bearing Strength Modified Proctor Compaction – Method A or B (ASTM D1557) $350 per Test Modified Proctor Compaction – Method C (ASTM D1557) $350 per Test Compaction (CTM 216) $285 per Test California Bearing Ratio, CBR – 3 Points (ASTM D1883) $600 per Test R-Value $400 per Test Shear Strength Torvane / Pocket Penetrometer $25 per Test Direct Shear, Consolidated Drained – 3 Point (ASTM D3080) $650 per Test Direct Shear, Residual – per Point (ASTM D3080) $220 per Test Unconfined Compression (ASTM D2166) $160 per Test Unconsolidated-Undrained (UU) $250 per Test Consolidation, Collapse and Swell Consolidation – 8 Load Increments w/ One Time Rate (ASTM D2435) $600 per Test Consolidation – Additional Load Increment (ASTM D2435) $130 per Test Consolidation – Additional Time Rate per Load Increment (ASTM D2435) $130 per Test Collapse Test – Single Point $130 per Test Single Load Swell Test – Ring Sample, Field Moisture (ASTM D4546) $350 per Test Single Load Swell Test – Ring Sample, Air Dried (ASTM D4546) $350 per Test Remolded Sample per Specimen $95 per Test Expansion Index (ASTM D4829 / UBC 29-2) $200 per Test Laboratory Permeability Constant Head (ASTM D2434) $350 per Test Falling Head Flexible Wall (ASTM D5084) $350 per Test Triaxial Permeability (EPA 9100) $400 per Test Chemical Tests Corrosivity (pH, Resistivity, Sulfates, Chlorides) $250 per Test Organic Contents (ASTM D2974) $125 per Test Asphalt Tests Extraction / Asphalt (CTM 382) $300 per Test Hveem / Marshall Maximum Density (CTM 304, 308) $500 per Test Wash Gradation (CTM 202) $200 per Test Page 458 of 655 Page 4 of 4 Rev V01 04.16.2025 WILLDAN GEOTECHNICAL / MATERIALS TESTING Unit Testing Rate Sheet* Effective July 1, 2025 to June 30, 2026 Concrete 6”x12” & 4"x8" Cylinder Compression Test (ASTM C39) $50 per Test 2”, 4” & 6” Diameter Cores Compression Test $50 per Test 3”x6” Cylinder Lightweight Concrete Compression Test (ASTM C495) $50 per Test Shotcrete / Gunite Lab Coring & Compression Test (ASTM C42) $100 per Test Unit Weight of Hardened Lightweight Concrete (ASTM C567) $85 per Test Rapid Cure Concrete Cylinders (Boil Method) (ASTM C684) $100 per Test Masonry 2”x4” Mortar Cylinder Compression Test (ASTM C780) $50 per Test 2”x2” Mortar Cube Compression Test (ASTM C109) $50 per Test 3”x6” Grout Prism Compression Test (ASTM C1019) $50 per Test CMU Grouted Prism Compression Test, up to 8”x8”x16” (ASTM E447) $275 per Test CMU Grouted Prism Compression Test, larger than 8”x8”x16” (ASTM E447) $300 per Test Steel Reinforcement Tensile or Bend Test, up to #8 (ASTM A370) $200 per Test Tensile or Bend Test, #9 to #11 (ASTM A370) $250 per Test Tensile or Bend Test, #14 (ASTM A370) $300 per Test Fireproofing Unit Weight (UBC 7-6) $55 per Test Cohesion / Adhesion (UBC 7-6) $65 per Test Non-Destructive Testing (NDT) Dye Penetrant Testing $145 per Hour Ultrasonic Testing $145 per Hour Magnetic Particle Testing $145 per Hour Radiographic Testing Quote Administrative Services Sample Pickup from Field (within 100 miles of lab $190 per Trip Saturday Sample Pickup from Field (within 100 miles of lab $310 per Trip Sunday Sample Pickup from Field (within 100 miles of lab $310 per Trip Mix Design Review $900 per Mix Lab Test Report $50 per Report Field Vehicle Usage (by Soil/Asphalt Technician) $10 per Trip Field Nuclear Gauge Usage (by Soil/Asphalt Technician) $60 per Trip *A not to exceed (NTE) $500 fee will be assessed for field compaction testing when performing by a full time public works inspection or when providing materials inspection at the minimum of 4 hours, as the field compaction tests are included in the material inspector’s hourly rate. If performing public works inspection under 4 hours will be charged for field compaction testing at a unit cost of $75 per test. Page 459 of 655 1 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT (the "Agreement") is made as of June 16, 2026 by and between the City of Diamond Bar, a municipal corporation ("City") and Ninyo & Moore, Inc., a California corporation ("Consultant"). 1. Consultant's Services. Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the Traffic and Transportation Engineering services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. Vivian Chen, Associate Engineer (herein referred to as the “City’s Project Manager”), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City’s Project Manager to the extent required by the City’s Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City’s Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect July 1, 2026, and shall continue until June 30, 2029 unless earlier terminated pursuant to the provisions herein. The City shall have the option to extend this Agreement for one (1) additional two (2) year term, subject to the same terms and conditions contained herein, by giving Consultant written notice of the exercise of this option at least thirty (30) days prior to the expiration of the initial Term. In the event the City exercises its option to extend the Term, Consultant's compensation shall be subject to an adjustment upon the effective date of extension as follows: Consultant’s rates shall be fixed during the initial Term of this Agreement. Rate increases in compensation will be only considered in the event the City exercises its option to extend the Agreement and apply as of July 1, 2029. Any rate increase will be negotiated between the City and the Consultant, but in no event shall the increase exceed the amount that the Consumer Price Index ("CPI") for the Los Angeles - Anaheim-Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") as reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. Page 460 of 655 2 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00) per Fiscal Year without the prior written consent of the City. The above not-to-exceed amount shall include all costs, including but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. 4. Payment. A. Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. Payment will be made only after submission of proper invoices. D. City will pay Consultant the amount property invoiced within 35 days of receipt. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time , if any, and adjustment of the fee to be paid by City to Consultant. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. 7. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent , except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is Page 461 of 655 3 audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws. D. Consultant shall, at Consultant’s sole cost and expense, fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Consultant’s failure to comply with this Section. 8. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. To the maximum extent permitted by Civil Code section2782.8, Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Workers’ Compensation Act and other employee benefit acts with respect to Consultant’s employees or Consultant’s contractor’s employees arising out of Consultant’s work under this Agreement; and (2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this A greement, regardless of City’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its Page 462 of 655 4 sole discretion find Consultant’s legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys ' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third-party indemnification rights of any kind. (3) Any and all claims for loss, injury to or death of persons or damage to property caused by the negligent professional act or omission in the performance of professional services pursuant to this Agreement. (4) The Consultant’s obligations to indemnify, defend and hold harmless the City shall survive termination of this Agreement. 10. Insurance. A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) A policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) Property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) Automotive liability insurance written on an occurrence basis covering all owned, non-owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater; and (5) Professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a combined single limit of $1,000,000. If such insurance is on a claims made basis, Consultant agrees to keep such insurance in full force and effect for at least five years after termination or date of completion of this Agreement. Page 463 of 655 5 B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) days prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A -, VII. In the case of professional liability insurance, such coverage shall be issued by companies either licensed or admitted to conduct business in the State of California as long as such insurers possess the aforementioned Best’s rating. E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Consultant fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant. Page 464 of 655 6 I. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 12. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 14. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. Page 465 of 655 7 B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 15. Termination. The City may terminate this Agreement with or without cause upon thirty (30) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the thirtieth (30th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 16. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Except as otherwise authorized by the City’s Project Manager, Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant’s services under this Agreement, but City reserves the right in its sole discretion to required Consultant to exclude any employee from performing services on City’s premises. 17. Non-Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. 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. C. 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. 18. Reserved Page 466 of 655 8 19. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 20. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Consultant’s control. If Consultant believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Consultant be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 21. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 22. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 23. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. 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. 24. Attorney’s Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney’s fees and costs, including costs of expert witnesses and consultants. 25. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual Page 467 of 655 9 good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 26. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. “CONSULTANT” “CITY” Ninyo and Moore, Inc. City of Diamond Bar 475 Goddard, Suite 200 21810 Copley Drive Irvine, CA 92618 Diamond Bar, CA 91765-4178 Attn.: Kurt S. Yoshii, PE, GE Attn.: Daniel Fox, City Manager Phone: 949-753-7070 Phone: (909) 839-7010 E-mail: kyoshii@ninyoandmoore.com E-mail: dfox@diamondbarca.gov 27. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 28. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 29. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. Page 468 of 655 10 "Consultant" "City" CITY OF DIAMOND BAR By: ______ By: Printed Name________________ Dan Fox, City Manager Title: ___________________________ By: ATTEST: Printed Name: Title: Kristina Santana, City Clerk Approved as to form: By: Omar Sandoval, City Attorney *NOTE: If Consultant is a corporation, the City requires the following signature(s): -- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. Page 469 of 655 P04-05386 ninyoandmoore.com REQUEST FOR PROPOSALS for ON-CALL GEOTECHNICAL ENGINEERING SERVICES Hal Ghafari, P.E. Public Works Manager/Assistant City Engineer City of Diamond Bar 21810 Copley Drive Diamond Bar, California 91765 April 23, 2026 Page 470 of 655 iNINYO & MOORE, A SOCOTEC COMPANY 475 Goddard, Suite 200, Irvine, California 92618 | 949.753.7070 | www.ninyoandmoore.com April 23, 2026 Proposal No. 04-05386 Hal Ghafari, P.E. Public Works Manager/Assistant City Engineer City of Diamond Bar 21810 Copley Drive Diamond Bar, California 91765 Subject: Proposal for On-Call Geotechnical Engineering Services City of Diamond Bar Dear Mr. Ghafari: Ninyo & Moore Geotechnical & Environmental Sciences Consultants (Ninyo & Moore) appreciates your consideration of our proposal to provide geotechnical engineering services for the City of Diamond Bar (City) in response to the City’s Request for Proposal (RFP) issued March 17, 2026, Q&A Set 1 and Addendum No. 1 issued April 14, 2026. We fully understand the City’s needs and desires for a qualified consultant that can respond quickly and effectively. We are ready to meet the City’s requirements by making available dedicated professionals who have the requisite experience and resources to meet your project needs: Relevant Experience Ninyo & Moore is very familiar with the City’s policies and procedures having provided on-call geotechnical engineering services on various projects since 2006. Ninyo & Moore also has a proven track record for providing similar on-call geotechnical engineering consulting services to many other cities, counties, and other public agencies, including the cities of Los Angeles, Long Beach, La Habra, Brea, Anaheim, Fountain Valley, Newport Beach, Rancho Santa Margarita, Mission Viejo, Riverside, Fontana, Rancho Cucamonga, and Moreno Valley; counties of Los Angeles, Orange, and San Bernardino; the Los Angeles Unified School District, Riverside County Transportation Commission, John Wayne Airport Authority, Orange County Sanitation District, and many other agencies and municipalities. Ninyo & Moore is experienced with the coordination and administration of on-call contracts and can effectively provide responsive and comprehensive services to the City. Ready to Start Work Immediately Our staff understands the technical and administrative requirements of on-call contracts as well as the geotechnical conditions throughout the region. In addition, the resources of Ninyo & Moore, one of the largest geotechnical consulting firms in southern California employing 1,700 professionals and possessing five fully-equipped, in-house soil and materials testing laboratories in California (three in southern California), has the manpower and equipment necessary to provide the required services for this contract and we are ready to start work immediately. Credentialed Laboratory Ninyo & Moore’s fully equipped, in-house testing laboratories offer full-service field and laboratory testing services for construction materials and geotechnical projects. Our laboratories are accredited by the American Association of State Highway and Transportation Officials (AASHTO re:source), Cement and Concrete Reference Laboratory (CCRL), Caltrans, the Division of the State Architect (DSA), the City of Los Angeles, and many other public agencies. Page 471 of 655 NINYO & MOORE, A SOCOTEC COMPANYCity of Diamond Bar - On-Call Geotechnical Engineering Services | 04-05386 | April 23, 2026 ii As the contact person who will be authorized to make representations and bind the terms of this proposal for Ninyo & Moore, I will be readily available and can be reached by telephone at 949.753.7070 ext.12233 and/or email at kurt. yoshii@socotec.us to answer any questions during your evaluation period. We look forward to the opportunity to discuss our capabilities with you personally. Ninyo & Moore appreciates the City’s favorable consideration of our qualifications. Sincerely, NINYO & MOORE Kurt S. Yoshii, PE, GE Principal Engineer  kurt.yoshii@socotec.us  949.753.7070 ext. 12233  www.ninyoandmoore.com MLP/klb Distribution: via upload to PlanetBids Page 472 of 655 NINYO & MOORE, A SOCOTEC COMPANYCity of Diamond Bar - On-Call Geotechnical Engineering Services | 04-05386 | April 23, 2026 i Contents 1. Project Team 1 2. Firm's Experience/References 10 3. Project Understanding 13 4. Schedule 16 5. Fee Schedule 17 6. Agreement 18 4. Schedule 20 Page 473 of 655 NINYO & MOORE, A SOCOTEC COMPANYCity of Diamond Bar - On-Call Geotechnical Engineering Services | 04-05386 | April 23, 2026 1 Staffing Capabilities/Technical Competence Ninyo & Moore recognizes that the success of a project will depend on staff capabilities and effective project management. Given that necessary technical talent and physical resources are committed to the project, good management becomes the most important item for successful completion of the proposed work. In addition, familiarity with our client’s needs and requirements are critical in successfully performing our services to meet or exceed our client’s expectations. In order to effectively accomplish our goal of successful completion of our services to our client’s satisfaction, our project team will be led and coordinated by our Project Manager, Mr. Matthew Harrel, PG, CEG, QSP/D, QISP, with support from Principal- in-Charge Mr. Kurt Yoshii, PE, GE, and Technical Advisors Soumitra Guha, PhD, PE, GE, and Michael Putt PG, CEG. Resumes of key personnel can be found on the following pages. 1. Project Team Key Personnel Registrations/ Certifications Total Years Exp Years at Ninyo & Moore Kurt Yoshii, PE, GE Principal-in-Charge PE 54759 (California); GE 2508 (California) PE 14274 (Nevada); PE 3791862202 (Utah) PE 48007 (Colorado) 35 31 Matthew Harrell, PG, CEG, QSP/D, QISP Project Manager PG 8412 (California) CEG 2537 (California) QSP/D 571 26 9 Soumitra Guha, PhD, PE, GE Technical Advisor/Geotechnical Engineering GE 2632 (California) PE 58967 (California) 35 24 Michael Putt, PG, CEG Technical Advisor/Engineering Geology PG 7581 (California) CEG 2341 (California) 30 18 Jay Recla, ACI, CALTRANS Field Operations Manager ACI, ICC, CALTRANS, FRP, USDOT Hazmat 30 30 Page 474 of 655 NINYO & MOORE, A SOCOTEC COMPANYCity of Diamond Bar - On-Call Geotechnical Engineering Services | 04-05386 | April 23, 2026 2 Professional Engineering and Environmental Staff Ninyo & Moore has a large staff of licensed engineers and geologists available to support task order assignments, including multiple, concurrent assignments, from the City. Ninyo & Moore’s geotechnical and environmental project staff brings a wealth of experience and diversity to any project and includes Registered Professional Engineers and Geotechnical Engineers (PE, GE), Professional Geologists, Certified Engineering Geologists, Hydrogeologists, (PG, CEG, CHG), and personnel with other applicable registrations, licenses, and certifications. Professional Geotechnical Engineering/Geologic Registrations/ Certifications Total Years Exp Years at Ninyo & Moore Ronald Hallum, PG, CEG Principal Geologist PG 4766 (California) CEG 1484 (California) 41 31 Garreth Saiki, PE, GE Principal Engineer PE 49665 (California) GE 2509 (California) 39 27 Michael Rogers, PG, CEG Principal Geologist PG 7335 (California) CEG 2364 (California) 33 15 Greg Corson, PE, CEG Principal Geologist CEG 2310 (California) PG 7318 (California) 31 30 Walter Lopez, PE Senior Project Engineer PE 89695 (California)25 1 Rajindra Handapangoda, PE, GE Principal Engineer PE 73171 (California) GE 2998 (California) 21 19 Madan Chirumalla, PE, GE Principal Engineer PE 74186 (California) GE 3047 (California) 22 15 Bach Tien, PG, CEG Senior Project Geologist CEG 2783 (California) PG 9310 (California) 19 9 Julianne Padgett, PE, GE Senior Project Engineer PE 84043 (California) GE 3235 (California) 16 6 Jonathan Levario, PG Project Geologist PG 9879 (California)9 4 Spencer Marcinek, PE, GE Principal Engineer PE 82775 (California) GE 3127 (California) 14 12 Technical Staff Companywide  PROFESSIONAL/ GEOTECHNICAL ENGINEERS 55 GEOLOGISTS/ ENGINEERING GEOLOGISTS 41 FIELD TECHNICIANS/ INSPECTORS 240 1. Project Team Page 475 of 655 NINYO & MOORE, A SOCOTEC COMPANYCity of Diamond Bar - On-Call Geotechnical Engineering Services | 04-05386 | April 23, 2026 3 Laboratory Technicians, Field Technicians, and Inspectors Ninyo & Moore’s laboratory and field staff is highly experienced and qualified to provide testing and inspection services for an extensive range of project requirements. Ninyo & Moore’s field and laboratory technicians maintain certifications with Caltrans, ACI, ICC, AWS-CWI, DSA, BNSF and OSHA, and possess a working knowledge of the requirements and procedures as specified by these agencies. Below is a sampling of our available field and laboratory technicians that are experienced at providing geotechnical soils and materials testing services and special inspection for construction projects. Team Member Role Registrations/Certifications Years Exp Steven Eck Senior Field Technician ACI, ICC, LADBS, OSHA, USDOT HAZMat 46 Mohammad Haque Senior Field Technician ACI, ICC, LADBS, OSHA, USDOT HAZMat 35 Robert Ritter Special Inspector ACI, AWS, ICC 34 Lincoln Linn Senior Field Technician ACI, ICC, OSHA, USDOT HAZMat 34 Randy Engel Senior Field Technician ACI, BNSF, CALTRANS, USDOT HAZMat 32 Danny Chacon Senior Field Technician ACI, CALTRANS, ICC, USDOT HAZMat 31 Hector Heredia Senior Lab Technician AASHTO, ACI, CALTRANS 27 Vance Hunter Senior Field Technician ACI, CALTRANS, eRailSafe, OSHA, USDOT HAZMat 27 Joe Levario Senior Field Technician ACI, BNSF, CALTRANS, eRailSafe, OSHA, USDOT HAZMat 22 James Dalgity Laboratory Manager ACI, CALTRANS, USDOT HAZMat 21 Matthew Puraty Senior Field Technician ACI, CALTRANS, USDOT HAZMat 21 Matthew Jacobs Senior Field Technician ACI , CALTRANS, OSHA, USDOT HAZMat 20 Ryan Villasenor Senior Field Technician ACI, CALTRANS, ICC, LADBS, FRP, OSHA, USDOT HAZMat 17 Steven Almond Senior Field Technician ACI, CALTRANS, ICC, OSHA, TWIC, USDOT HAZMat 16 Wilkins Cobian Senior Field Technician ACI, CALTRANS, OSHA, USDOT HAZMat 16 Paul Medina Special Inspector ACI, BNSF, CALTRANS, DSA, USDOT HAZMat 13 Kevin Perez Special Inspector ACI, AWS, ICC, LADBS 7 1. Project Team Page 476 of 655 NINYO & MOORE, A SOCOTEC COMPANYCity of Diamond Bar - On-Call Geotechnical Engineering Services | 04-05386 | April 23, 2026 13  Develop Scope of Work – The initial step in our approach is to meet with the City Project manager in order to get a clear understanding of the project and our expected services. For geotechnical peer review and plan check services, we will discuss the project with the City Project Manager and adhere to an agreed upon schedule for reviewing each submittal. For geotechnical investigations and other monitoring or advisory services, we will develop a detailed scope of work, including the number and type of subsurface explorations, laboratory tests, as well as the type of analyses. We will evaluate various subsurface exploration methods to determine the most cost-effective approach to each project. Our reports will be performed in accordance with the City’s Building and Safety Code, the Grading Manual, the current Engineering Design & Construction Standards, and the current California Building Code. For the materials testing and inspection services, we will review the approved plans and specifications and will develop a detailed scope of services indicating anticipated man- hours by discipline for the required materials testing and inspection services. We will submit this plan to the City Project Manager for approval and will provide monthly updates to the City Project Manager as construction progresses.  Project Personnel Utilization – Upon approval of our scope of work, we will assign the appropriately certified personnel to the project based on the specific needs of the project. Our large pool of licensed professional geotechnical engineers, civil engineers, professional geologists and certified engineering geologists will be utilized for our geotechnical peer review services and geotechnical investigations. Our project management approach and in-house computerized data base ensure that we have the appropriately certified personnel assigned during construction. We will also review the contractor’s schedule in order to plan accordingly and anticipate the future inspections and testing requests. Develop Work Plan Mobilize Team Sampling Protocol Document Control Field and Laboratory Testing Utilize Project Controls Establish Communi- cation Lines Quality Assurance Review Reporting Project Closeout 11 22 33 44 55 66 77 88 99 Understanding Ninyo & Moore understands that the City of Diamond Bar is seeking qualified consultants to provide on-call geotechnical engineering services to support a broad range of development review, inspection, and public infrastructure needs throughout the City. The City requires responsive, technically sound support to address challenges inherent to its hillside setting, expansive soils, and variable groundwater conditions, including timely geotechnical plan reviews, grading and compaction inspections, geotechnical investigations, and preparation of technical reports and recommendations for both private development and capital improvement projects. We recognize the importance of meeting required turnaround times, supporting fully electronic plan processing, and providing clear, defensible technical guidance that aligns with City standards and regulatory requirements. Ninyo & Moore is fully capable of delivering the full scope of services identified in the RFP, including construction support, monitoring of slopes and infrastructure, and specialized advisory services as needed, ensuring the City maintains public safety, compliance, and long-term performance of its public and private improvements. Approach and Methodology Our approach to on-call service contracts begins with the assignment of a highly qualified and experienced project manager with technical knowledge required for the contract. Our project manager will be the single point-of-contact for the City and will be responsible for contract administration and technical coordination of our staff to perform the required tasks on time and within budget. The overall contract budget and individual task assignment budgets are tracked and maintained and are reported to the client on a monthly basis. Individual task order assignments will be coordinated utilizing our highly experienced staff of licensed civil and geotechnical engineers, registered geologists, certified engineering geologists, hydrogeologists, inspectors, and technicians. 3. Project Understanding Page 477 of 655 NINYO & MOORE, A SOCOTEC COMPANYCity of Diamond Bar - On-Call Geotechnical Engineering Services | 04-05386 | April 23, 2026 14 3. Project Understanding  Sampling Protocol and Document Control – We will next establish the sampling protocols required for the project, based on the project specifications and the requirements of the City Building Code, plans, specifications, and other governing regulations. Our document control system provides unique identification of daily reports and laboratory conformance testing for each project assignment. These systems are a part of our Quality Systems Program and will be utilized for each task order assignment.  Establish Communication Lines – The next step in our approach is to establish the communication lines for the project, including the authorized City representative who will be requesting our services. We will also request the approved distribution list for our inspection reports, daily field reports, and laboratory conformance test results. On past projects, the client’s Project Managers have coordinated our services in the field and distributed our reports. On other past projects, we were scheduled by on-site client’s representative and distributed our reports to the approved distribution list. We will provide our services to meet the City’s needs. Often we will attend pre-construction meetings with the contractor and obtain from the City the approved distribution list for our materials testing and inspection reports as well as our laboratory conformance testing results. We will also provide the City representatives with our personnel’s smart phone numbers as well as email addresses for communication during the project. We will also establish the communication lines between the City’s Project Manager and Inspector, and the contractors’ and sub-contractors’ representatives.  Utilize Our Project Controls – Ninyo & Moore utilizes an internal project control system that includes budget, schedule, and document review and control. Our project manager will utilize our in-house system to keep the City’s Project Manager informed about the status of our services during both our geotechnical investigation phase and for our materials testing and inspection services during construction. We include monthly progress reports indicating the amount billed to date along with a comparison to the overall task order budget and the overall construction schedule. Our quality control includes review of our laboratory conformance test results by a California licensed engineer and geotechnical analysis review by a California licensed Geotechnical Engineer.  Perform Field and Laboratory Testing – If necessary, and requested by the City, when construction commences, we can provide the necessary personnel and equipment to inspect and test the construction materials quality and contractor’s construction methods in order to document conformance to the project plans and specifications. We will also sample the construction materials as required and perform laboratory conformance tests as specified. The results of our inspections and tests will be forwarded to the City’s representatives at the end of each working day. Immediate notification will be provided via phone, and/or email if we find non-conformance in materials or workmanship. Our local laboratory facilities will perform 100 percent of the soils and materials laboratory work for this contract. They are certified in compliance with ASTM E-329 and are approved/accredited by the City of Los Angeles, Division of the State Architect (DSA), Metropolitan Transportation Authority (Metro), Caltrans, American Association of State Highway and Transportation Officials Materials Reference Laboratory (AASHTO resource, formerly, AMRL) and the Cement and Concrete Reference Laboratory (CCRL).  Quality Assurance Review – We understand the importance of reliability of our inspections and test results. Therefore, we have a Quality Assurance Plan in place that provides written procedures for our services. Our Quality Assurance Plan is overseen by a California licensed engineer and includes review of our training procedures, as well as participation in third party review and inspection of our facilities. All of our laboratory conformance tests are reviewed by a California licensed engineer prior to submittal.  Reports – Written reports are required for project documentation. We will submit our written reports, including both our geotechnical investigation report and our written reports during construction, as established in the communications structure for the project that was determined during the project initiation stage. Passing tests and inspections will be filed in accordance with the document control system. Non-conforming reports will be maintained in a non-conformance log that will be maintained by our office. Non-conformance areas will need to be remedied in accordance with the project requirements. When non-conforming materials or workmanship are remedied, we will document the acceptance in the non-conformance log for project close-out purposes.  Project Close-Out – The final step in our approach is the closing out of the project and providing the project documentation, as it relates to materials testing and inspection, to the City. Page 478 of 655 NINYO & MOORE, A SOCOTEC COMPANYCity of Diamond Bar - On-Call Geotechnical Engineering Services | 04-05386 | April 23, 2026 15 Anticipated Challenges Given the City of Diamond Bar’s hillside setting, varied geologic conditions, and the need for timely reviews and inspections, several challenges may arise in delivering on-call geotechnical engineering services. Challenge Solution Geologic The first anticipated challenge involves the City’s complex topography, including expansive soils, slope instability, and high groundwater conditions that can impact both private development and public infrastructure. To address this, Ninyo & Moore's team will apply proven geotechnical investigation methodologies, perform thorough evaluations, and provide clear and defensible recommendations tailored to site-specific conditions. Rapid Response And Strict Turnaround Times A second challenge relates to the City’s requirement for rapid response and strict turnaround times, including 48-hour inspection availability and 10-business-day plan review deadlines. To ensure consistent responsiveness, Ninyo & Moore maintains dedicated staffing resources, streamlined internal QA/QC workflows, and digital tools that support efficient plan review, reporting, and communication. This allows us to reliably meet the City’s scheduling needs even during periods of heightened development or overlapping task orders. Electronic Plan Submittals Another challenge is the City’s exclusive use of electronic plan submittals, requiring consultants to efficiently process digital documents, return annotated plan checks, and participate in virtual coordination. Ninyo & Moore's team is fully equipped with secure electronic review platforms, standardized comment templates, and remote collaboration capabilities to support seamless digital processing. Specialized Or Urgent Services Additionally, the City may require assistance with specialized or urgent services, such as geotechnical monitoring, forensic evaluations, or support during emergency situations. Ninyo & Moore is prepared to respond by leveraging our licensed geotechnical engineers, engineering geologists, and field technicians who can mobilize quickly, assess conditions, provide immediate stabilization recommendations, and deliver well-documented technical assessments as needed. Through proactive planning, strong technical expertise, and efficient communication, Ninyo & Moore is well-positioned to meet these anticipated challenges while providing responsive, high-quality geotechnical services that support the City’s development and infrastructure goals. 3. Project Understanding Page 479 of 655 Schedule4. Page 480 of 655 NINYO & MOORE, A SOCOTEC COMPANYCity of Diamond Bar - On-Call Geotechnical Engineering Services | 04-05386 | April 23, 2026 16 Schedule Ninyo & Moore recognizes that a major element of project success is the degree to which schedules and budgets are met. Ninyo & Moore has extensive experience in providing expedited geotechnical peer review and plan check services and we will adhere to the City's 10-day turn-around-time for standard plan check services. We will also provide inspection services within 48 hours of receiving the request, or sooner. Our project manager will be responsible for the overall schedule, quality control, budget control, staff assignments, and client coordination with support from our principal engineer, as-needed, to ensure responsive, quality service is provided to the City. Project management is an on- going task and our project manager will be committed to this project. Key elements of our standard approach to managing project schedule include: • Thoroughly review all documents associated with a project site. • Meet with the City team and any associated stakeholders or consultants to review the project scope and proposed plans to develop a mutual understanding of the necessary tasks, schedule, budget, and impact on other projects and/or adjacent sites. • Clearly communicate the scope of work, schedule, and roles and responsibilities to all team members. • Implement cost and schedule control monitoring/forecasting procedures using our in-house, cloud-based accounting system, Deltek Vision. • Tailor quality assurance/quality control (QA/QC) plans to the project. • Conduct regularly scheduled meetings with project team and District. • Communicate any schedule delays and take immediate corrective action in order to correct the course of the project. Both written and verbal communications are keys to successful contract management. We will utilize our in-house data records management systems for file records. Project-related documents will be maintained in our files and are available for the City’s review at any time. 22 Communication After reviewing the final scope of work with the City to clarify the project, we will prepare a schedule for our services which will include project milestone deadlines. This schedule will be monitored and updated during project performance and City staff will be notified as any foreseeable changes to the schedule may be required along with a detailed explanation for the requested schedule change. 11 Schedule Our efficient in-house scheduling system allows us to promptly assign qualified and certified staff to project tasks. Last-minute schedule changes are communicated to our team through individually assigned smartphones, equipped with email and text messaging capabilities, and a voicemail system that alerts both office and field staff. 33 Response Procedures 4. Schedule Page 481 of 655 NINYO & MOORE, A SOCOTEC COMPANYCity of Diamond Bar - On-Call Geotechnical Engineering Services | 04-05386 | April 23, 2026 17 5. Fee Proposal Per the City’s RFP, General Terms & Conditions, No. 13 (Fee Proposal), we are uploading our fee schedule as a separate document. As described in Section 3 of this proposal, for geotechnical investigations, construction inspection services, and monitoring, evaluation, and advisory services, we will meet with the City's project manager to develop a detailed scope of work including estimated staff types, the estimated staff hours, and the fee. Our estimated hours and fee will be tailored to the individual needs of each project for review by the City. For land development services including geotechnical peer review services of geotechnical reports, grading plans, and foundation plans, we have provided the tables below that provide the estimated level of effort for standard geotechnical reviews. The estimated hours include review of the initial submittal, review of the 2nd submittal response to comments, and if needed, review of a 3rd submittal. A review comment letter will be issued for each submittal, including a final "approval" letter when all comments have been addressed satisfactorily. Breakdown of Estimated Hours for Standard Plan Check Reviews Peer Review 1st Submittal Principal Geologist 5 hours Principal Engineer 2 hours Data Processor 1 hour Total Estimated Hours (1st Submittal)8 hours Peer Review 2nd Submittal Principal Geologist 3 hours Principal Engineer 1 hour Data Processor 1 hour Total Estimated Hours (2nd Submittal)5 hours Peer Review 3rd Submittal (if needed) Principal Geologist 2 hours Principal Engineer 1 hour Data Processor 1 hour Total Estimated Hours (3rd Submittal)4 hours Total Estimated Hours 17 Hours For complex projects such as large commercial and/or residential developments we will perform a cursory review of the submitted documents and provide the City project manager with our estimated level of effort. Page 482 of 655 NINYO & MOORE, A SOCOTEC COMPANYCity of Diamond Bar - On-Call Geotechnical Engineering Services | 04-05386 | April 23, 2026 18 Ninyo & Moore acknowledges receipt of Attachment 1, the City’s Consultant Services Agreement, and confirms that all terms and conditions contained therein are acceptable. Ninyo & Moore agrees to comply with the Agreement in full and understands that no exceptions or modifications are permitted. 6. Agreement FAMILIARITY WITH PUBLIC AGENCIES The Ninyo & Moore Contract Team has extensive knowledge of applicable standards, regulations, codes and guidelines pertaining to geotechnical services in California. All work is performed in accordance with applicable federal, state, and local statutes, regulations, standards and guidelines. Page 483 of 655 NINYO & MOORE, A SOCOTEC COMPANYCity of Diamond Bar - On-Call Geotechnical Engineering Services | 04-05386 | April 23, 2026 CA16 Schedule of Fees Hourly Charges for Personnel Professional Staff Principal Engineer/Geologist/Environmental Scientist/Certified Industrial Hygienist .............................................. $ 250 Senior Engineer/Geologist/Environmental Scientist ............................................................................................... $ 235 Senior Project Engineer/Geologist/Environmental Scientist ................................................................................... $ 220 Project Engineer/Geologist/Environmental Scientist ............................................................................................... $ 210 Senior Staff Engineer/Geologist/Environmental Scientist ....................................................................................... $ 200 Staff Engineer/Geologist/Environmental Scientist................................................................................................... $ 180 GIS Analyst .............................................................................................................................................................. $ 160 Technical Illustrator/CAD Operator ......................................................................................................................... $ 140 Field Staff Certified Asbestos/Lead Technician ........................................................................................................................ $ 220 Field Operations Manager ....................................................................................................................................... $ 150 Nondestructive Examination Technician (UT, MT, LP) ........................................................................................... $ 145 Supervisory Technician ........................................................................................................................................... $ 140 Special Inspector (Concrete, Masonry, Structural Steel, Welding, and Fireproofing) ............................................ $ 135 Senior Technician .................................................................................................................................................... $ 135 Technician ................................................................................................................................................................ $ 130 Administrative Staff Information Specialist .............................................................................................................................................. $ 120 Geotechnical/Environmental/Laboratory Assistant ................................................................................................. $ 120 Data Processor ........................................................................................................................................................ $ 95 Other Charges Concrete Coring Equipment (includes technician) .............................................................................................. $ 190/hr Anchor Load Test Equipment (includes technician) ........................................................................................... $ 190/hr GPR Equipment ................................................................................................................................................... $ 180/hr Inclinometer ......................................................................................................................................................... $ 100/hr Hand Auger Equipment ....................................................................................................................................... $ 80/hr Rebar Locator (Pachometer) ............................................................................................................................... $ 25/hr Vapor Emission Kit .............................................................................................................................................. $ 65/kit Nuclear Density Gauge ....................................................................................................................................... $ 15/hr X-Ray Fluorescence ............................................................................................................................................ $ 70/hr PID/FID ................................................................................................................................................................ $ 25/hr Air Sampling Pump .............................................................................................................................................. $ 10/hr Field Vehicle ........................................................................................................................................................ $ 15/hr Equipment $ 15/hr Expert Witness Testimony ................................................................................................................................... $ 450/hr Direct Expenses .................................................................................................................................... Cost plus 15 % Special equipment charges will be provided upon request. Notes Technicians and special inspectors, are charged at a 4-hour minimum, and 8-hour minimum for hours exceeding 4 hours. Overtime rates at 1.5 times the regular rates will be charged for work performed in excess of 8 hours in one day Monday through Friday and all day on Saturday. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day, all day Sunday and on holidays. Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project, as applicable. The terms and conditions are included in Ninyo & Moore’s Work Authorization and Agreement form. Fee Proposal Page 484 of 655 NINYO & MOORE, A SOCOTEC COMPANYCity of Diamond Bar - On-Call Geotechnical Engineering Services | 04-05386 | April 23, 2026 Ninyo & Moore |2021 Laboratory Testing Schedule of Fees for Laboratory Testing SOILS CONCRETE Atterberg Limits, D 4318, CT 204 .............................................................. $ 170 Compression Tests, 6x12 Cylinder, C 39 ................................................... $ 35 California Bearing Ratio (CBR), D 1883 .................................................... $ 550 Concrete Mix Design Review, Job Spec ..................................................... $ 300 Chloride and Sulfate Content, CT 417 & CT 422 ..................................... $ 175 Concrete Mix Design, per Trial Batch, 6 cylinder, ACI ............................... $ 850 Consolidation, D 2435, CT 219 .................................................................. $ 300 Concrete Cores, Compression (excludes sampling), C 42 ....................... $ 120 Consolidation, Hydro-Collapse only, D 2435 ............................................ $ 150 Drying Shrinkage, C 157 .............................................................................. $ 400 Consolidation – Time Rate, D 2435, CT 219 ............................................ $ 200 Flexural Test, C 78 ....................................................................................... $ 85 Direct Shear – Remolded, D 3080 ............................................................ $ 350 Flexural Test, C 293 ..................................................................................... $ 85 Direct Shear – Undisturbed, D 3080 ......................................................... $ 300 Flexural Test, CT 523 ................................................................................... $ 95 Durability Index, CT 229 ............................................................................. $ 175 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI ................ $ 275 Expansion Index, D 4829, IBC 18-3 .......................................................... $ 190 Lightweight Concrete Fill, Compression, C 495 ......................................... $ 80 Expansion Potential (Method A), D 4546 .................................................. $ 170 Petrographic Analysis, C 856 ...................................................................... $ 2,000 Geofabric Tensile and Elongation Test, D 4632 ....................................... $ 200 Restrained Expansion of Shrinkage Compensation .................................. $ 450 Hydraulic Conductivity, D 5084 .................................................................. $ 350 Splitting Tensile Strength, C 496 ................................................................. $ 100 Hydrometer Analysis, D 6913, CT 203...................................................... $ 220 3x6 Grout, (CLSM), C 39 ............................................................................. $ 55 Moisture, Ash, & Organic Matter of Peat/Organic Soils ........................... $ 120 2x2x2 Non-Shrink Grout, C 109 ................................................................. $ 55 Moisture Only, D 2216, CT 226 ................................................................. $ 35 Moisture and Density, D 2937 ................................................................... $ 45 ASPHALT Permeability, CH, D 2434, CT 220 ............................................................ $ 300 Air Voids, T 269 ............................................................................................ $ 85 pH and Resistivity, CT 643......................................................................... $ 175 Asphalt Mix Design, Caltrans (incl. Aggregate Quality) ............................. $ 4,500 Proctor Density D1557, D 698, CT 216, AASHTO T-180 ........................ $ 220 Asphalt Mix Design Review, Job Spec ....................................................... $ 180 Proctor Density with Rock Correction D 1557 .......................................... $ 340 Dust Proportioning, CT LP-4 ........................................................................ $ 85 R-value, D 2844, CT 301 ........................................................................... $ 375 Extraction, % Asphalt, including Gradation, D 2172, CT 382 .................... $ 250 Sand Equivalent, D 2419, CT 217 ............................................................. $ 125 Extraction, % Asphalt without Gradation, D 2172, CT 382 ........................ $ 150 Sieve Analysis, D 6913, CT 202 ................................................................ $ 145 Film Stripping, CT 302.................................................................................. $ 120 Sieve Analysis, 200 Wash, D 1140, CT 202 ............................................. $ 100 Hveem Stability and Unit Weight D 1560, T 246, CT 366 ......................... $ 225 Specific Gravity, D 854 ............................................................................... $ 125 Marshall Stability, Flow and Unit Weight, T 245 ......................................... $ 240 Thermal Resistivity (ASTM 5334, IEEE 442) ............................................ $ 925 Maximum Theoretical Unit Weight, D 2041, CT 309 .................................. $ 150 Triaxial Shear, C.D, D 4767, T 297 ........................................................... $ 550 Moisture Content, CT 370 ............................................................................ $ 95 Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt ................ $ 450 Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371 ............. $ 1,000 Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt ........................$ 350 Slurry Wet Track Abrasion, D 3910 ............................................................. $ 150 Triaxial Shear, U.U., D 2850 ...................................................................... $ 250 Superpave, Asphalt Mix Verification (incl. Aggregate Quality) .................. $ 4,900 Unconfined Compression, D 2166, T 208 ................................................. $ 180 Superpave, Gyratory Unit Wt., T 312 .......................................................... $ 100 Superpave, Hamburg Wheel, 20,000 passes, T 324 ................................. $ 1,000 MASONRY Unit Weight sample or core, D 2726, CT 308 ............................................. $ 100 Brick Absorption, 24-hour submersion, 5-hr boiling, 7-day, C 67 ............ $ 70 Voids in Mineral Aggregate, (VMA) CT LP-2 .............................................. $ 90 Brick Compression Test, C 67 ................................................................... $ 55 Voids filled with Asphalt, (VFA) CT LP-3 .................................................... $ 90 Brick Efflorescence, C 67 ........................................................................... $ 55 Wax Density, D 1188................................................................................... $ 140 Brick Modulus of Rupture, C 67 ................................................................. $ 50 Brick Moisture as received, C 67 ............................................................... $ 45 AGGREGATES Brick Saturation Coefficient, C 67 .............................................................. $ 60 Clay Lumps and Friable Particles, C 142.................................................... $ 180 Concrete Block Compression Test, 8x8x16, C 140 ................................. $ 70 Cleanness Value, CT 227 ............................................................................ $ 180 Concrete Block Conformance Package, C 90 .......................................... $ 500 Crushed Particles, CT 205 ........................................................................... $ 175 Concrete Block Linear Shrinkage, C 426 .................................................. $ 200 Durability, Coarse or Fine, CT 229 .............................................................. $ 205 Concrete Block Unit Weight and Absorption, C 140 ................................ $ 70 Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 ....................... $ 180 Cores, Compression or Shear Bond, CA Code ........................................ $ 70 Flat and Elongated Particle, D 4791............................................................ $ 220 Masonry Grout, 3x3x6 prism compression, C 39 ..................................... $ 45 Lightweight Particles, C 123 ........................................................................ $ 180 Masonry Mortar, 2x4 cylinder compression, C 109 .................................. $ 35 Los Angeles Abrasion, C 131 or C 535 ....................................................... $ 200 Masonry Prism, half size, compression, C 1019 ...................................... $ 120 Material Finer than No. 200 Sieve by Washing, C 117 .............................. $ 90 Masonry Prism, Full size, compression, C 1019 ...................................... $ 200 Organic Impurities, C 40 .............................................................................. $ 90 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260 ............... $ 1,250 REINFORCING AND STRUCTURAL STEEL Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260 .................... $ 950 Chemical Analysis, A 36, A 615................................................................. $ 135 Potential Reactivity of Aggregate (Chemical Method), C 289 ................... $ 475 Fireproofing Density Test, UBC 7-6........................................................... $ 90 Sand Equivalent, T 176, CT 217 ................................................................. $ 125 Hardness Test, Rockwell, A 370 ............................................................... $ 80 Sieve Analysis, Coarse Aggregate, T 27, C 136 ........................................ $ 120 High Strength Bolt, Nut & Washer Conformance, Sieve Analysis, Fine Aggregate (including wash), T 27, C 136................. $ 145 per assembly, A 325 ............................................................................. $ 150 Sodium Sulfate Soundness, C 88 ............................................................... $ 450 Mechanically Spliced Reinforcing Tensile Test, ACI ................................ $ 175 Specific Gravity and Absorption, Coarse, C 127, CT 206 ......................... $ 115 Pre-Stress Strand (7 wire), A 416 .............................................................. $ 170 Specific Gravity and Absorption, Fine, C 128, CT 207 .............................. $ 175 Reinforcing Tensile or Bend up to No. 11, A 615 & A 706...................... $ 75 Structural Steel Tensile Test: Up to 200,000 lbs., A 370 ......................... $ 90 ROOFING Welded Reinforcing Tensile Test: Up to No. 11 bars, ACI ....................... $ 80 Roofing Tile Absorption, (set of 5), C 67 ..................................................... $ 250 Roofing Tile Strength Test, (set of 5), C 67 ................................................ $ 250 Special preparation of standard test specimens will be charged at the technician’s hourly rate. Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures. Fee Proposal Page 485 of 655 1 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT (the "Agreement") is made as of June 16, 2026 by and between the City of Diamond Bar, a municipal corporation ("City") and Converse Consultants., a California corporation ("Consultant"). 1. Consultant's Services. Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the Traffic and Transportation Engineering services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. Vivian Chen, Associate Engineer (herein referred to as the “City’s Project Manager”), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City’s Project Manager to the extent required by the City’s Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City’s Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect July 1, 2026, and shall continue until June 30, 2029 unless earlier terminated pursuant to the provisions herein. The City shall have the option to extend this Agreement for one (1) additional two (2) year term, subject to the same terms and conditions contained herein, by giving Consultant written notice of the exercise of this option at least thirty (30) days prior to the expiration of the initial Term. In the event the City exercises its option to extend the Term, Consultant's compensation shall be subject to an adjustment upon the effective date of extension as follows: Consultant’s rates shall be fixed during the initial Term of this Agreement. Rate increases in compensation will be only considered in the event the City exercises its option to extend the Agreement and apply as of July 1, 2029. Any rate increase will be negotiated between the City and the Consultant, but in no event shall the increase exceed the amount that the Consumer Price Index ("CPI") for the Los Angeles - Anaheim-Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") as reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. Page 486 of 655 2 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00) per Fiscal Year without the prior written consent of the City. The above not-to-exceed amount shall include all costs, including but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. 4. Payment. A. Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. Payment will be made only after submission of proper invoices. D. City will pay Consultant the amount property invoiced within 35 days of receipt. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time , if any, and adjustment of the fee to be paid by City to Consultant. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. 7. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent , except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is Page 487 of 655 3 audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws. D. Consultant shall, at Consultant’s sole cost and expense, fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Consultant’s failure to comply with this Section. 8. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. To the maximum extent permitted by Civil Code section2782.8, Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Workers’ Compensation Act and other employee benefit acts with respect to Consultant’s employees or Consultant’s contractor’s employees arising out of Consultant’s work under this Agreement; and (2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this A greement, regardless of City’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its Page 488 of 655 4 sole discretion find Consultant’s legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys ' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third-party indemnification rights of any kind. (3) Any and all claims for loss, injury to or death of persons or damage to property caused by the negligent professional act or omission in the performance of professional services pursuant to this Agreement. (4) The Consultant’s obligations to indemnify, defend and hold harmless the City shall survive termination of this Agreement. 10. Insurance. A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) A policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) Property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) Automotive liability insurance written on an occurrence basis covering all owned, non-owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater; and (5) Professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a combined single limit of $1,000,000. If such insurance is on a claims made basis, Consultant agrees to keep such insurance in full force and effect for at least five years after termination or date of completion of this Agreement. Page 489 of 655 5 B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) days prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A -, VII. In the case of professional liability insurance, such coverage shall be issued by companies either licensed or admitted to conduct business in the State of California as long as such insurers possess the aforementioned Best’s rating. E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Consultant fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant. Page 490 of 655 6 I. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 12. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 14. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. Page 491 of 655 7 B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 15. Termination. The City may terminate this Agreement with or without cause upon thirty (30) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the thirtieth (30th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 16. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Except as otherwise authorized by the City’s Project Manager, Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant’s services under this Agreement, but City reserves the right in its sole discretion to required Consultant to exclude any employee from performing services on City’s premises. 17. Non-Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. 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. C. 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. 18. Reserved Page 492 of 655 8 19. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 20. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Consultant’s control. If Consultant believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Consultant be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 21. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 22. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 23. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. 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. 24. Attorney’s Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney’s fees and costs, including costs of expert witnesses and consultants. 25. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual Page 493 of 655 9 good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 26. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. “CONSULTANT” “CITY” Converse Consultants City of Diamond Bar 717 S. Myrtle Ave 21810 Copley Drive Monrovia, CA 91016 Diamond Bar, CA 91765-4178 Attn.: Siva K Sivathasan, PE, GE Attn.: Daniel Fox, City Manager Phone: 626-930-1275 Phone: (909) 839-7010 E-mail: converse@converseconsultants.com E-mail: dfox@diamondbarca.gov 27. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 28. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 29. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. Page 494 of 655 10 "Consultant" "City" CITY OF DIAMOND BAR By: ______ By: Printed Name________________ Dan Fox, City Manager Title: ___________________________ By: ATTEST: Printed Name: Title: Kristina Santana, City Clerk Approved as to form: By: Omar Sandoval, City Attorney *NOTE: If Consultant is a corporation, the City requires the following signature(s): -- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. Page 495 of 655 PROPOSAL/STATEMENT OF QUALIFICATIONS TO PROVIDE PROFESSIONAL ON-CALL GEOTECHNICAL ENGINEERING SERVICES DIAMOND BAR, CALIFORNIA CONVERSE PROJECT NO. 26-31-159-00 Presented To: CITY OF DIAMOND BAR Mr. Hal Ghafari, P.E. Public Works Manager/ Assistant City Engineer 21810 Copley Drive Diamond Bar, CA 91765 Presented By: CONVERSE CONSULTANTS Siva K. Sivathasan, PhD, PE, GE 717 S. Myrtle Avenue Monrovia, CA 91016 626-930-1275 April 23, 2026 Page 496 of 655 1/2 DEPARTMENT OF PUBLIC WORKS REQUEST FOR PROPOSALS ON-CALL GEOTECHNICAL ENGINEERING SERVICES ADDENDUM NO. 1 The following changes to the Request for Proposal for the above project shall be incorporated into the Request for Proposal as part of this project. The Consultant shall sign this page as acknowledgement of receipt of Addendum No. 1 and attach it to the proposal. David G. Liu, P.E. Date Director of Public Works/City Engineer Consultant’s Authorized Signature 4/15/26 Page 497 of 655 Converse Consultants Geotechnical Engineering & Consulting, Environmental & Groundwater Science, Materials Testing & Inspection Services 717 South Myrtle Avenue / Monrovia, California 91016 Telephone: (626) 930-1275 ♦ Facsimile: (626) 930-1212 ♦ www.converseconsultants.com April 23, 2026 Mr. Hal Ghafari, PE Public Works Manager/Assistant City Engineer City of Diamond Bar Department of Public Works 21810 Copley Drive Diamond Bar, CA 91765 Subject: PROPOSAL TO PROVIDE ON-CALL GEOTECHNICAL ENGINEERING SERVICES City of Diamond Bar, Los Angeles County, California Converse Project No. 26-31-159-00 Dear Mr. Ghafari: THE CONVERSE PROFESSIONAL GROUP, dba Converse Consultants (Converse), appreciates the opportunity to submit our proposal to provide on-call geotechnical engineering services for the City of Diamond Bar (City). In preparation for this proposal, we have reviewed the Request for Proposal (RFP) issued on March 17, 2026, and Addendum 1, issued April 15, 2026. Converse is familiar with the geotechnical challenges faced by the City, including expansive soils, challenging topography, and high groundwater tables. We have a long history of working in Pomona and Walnut and can apply the knowledge we have gained to projects you have. We are also aware of other challenges, such as addressing potential issues related to aging infrastructure, and will do what we can to help the City address or mitigate those concerns. Converse has provided consulting services to public municipalities and private agencies in Southern California for over 80 years. Our services include geotechnical engineering, engineering geology, groundwater sciences, soils and materials testing and inspection, and environmental sciences. Our professional and technical staff of in-house geotechnical engineers, engineering geologists, deputy inspectors, laboratory and field technicians, environmental scientists, drafting/CAD specialists, and other specialized support personnel are dedicated to developing long-term relationships through responsive and quality service. Our collective experience not only means savings for our clients, but assurance of our ability to verify all deliverables are submitted on schedule and within budget. Converse has two full-service in-house laboratories where we can perform all geotechnical testing that may be required for your projects. Our laboratory is approved by various certifying agencies, including Caltrans and American Association of State Highway and Transportation Officials, and is supervised by a registered geotechnical engineer to ensure quality control. Additionally, in order to maintain our accreditations, we participate in yearly proficiency sample testing for various materials such as aggregate, concrete, masonry, reinforcing steel, and soil. All laboratory equipment is calibrated regularly, and our laboratory services are available 24 hours a day, seven days a week. Page 498 of 655 Proposal to Provide On-Call Geotechnical Engineering Services City of Diamond Bar Los Angeles County, California April 23, 2026 Page 2 Converse Consultants K:\31-Geotech\2026\26-31-159 City of Diamond Bar, On-Call Geotechnical Engineering Services\Proposal\26-31-159- 00_Diamond Bar-On-call.docx The Converse team prioritizes quality, safety, and compliance while fostering a positive and collaborative relationship between all stakeholders on the project. Key aspects of the project will include on-site continuous inspection, proper certification, and adherence to ethical principles. We agree to all General Contract Provisions, terms, and conditions, up to and including Attachment 1 (the City’s Consultant Services Agreement). We look forward to working with you. Please feel free to contact the undersigned at 626-930-1275 if you have any questions or need additional information. Sincerely, CONVERSE CONSULTANTS Siva K. Sivathasan, PhD, PE, GE, DGE, QSD, F. ASCE President / Principal Engineer Encl: Proposal SKS:ed Page 499 of 655 Proposal to Provide On-Call Geotechnical Engineering Services City of Diamond Bar Los Angeles County, California April 23, 2026 Page 4 Converse Consultants K:\31-Geotech\2026\26-31-159 City of Diamond Bar, On-Call Geotechnical Engineering Services\Proposal\26-31-159- 00_Diamond Bar-On-call.docx 1.Project Team Converse has the staff and technical expertise to perform the scope of work for the City’s on-call projects. Our field personnel will have all appropriate certifications and experience for the tasks they are performing. An organization chart of the staff available to provide services for this procurement is provided below. Converse is aware that it is the City’s preference to have key personnel identified in the Organizational Chart to remain during the term of the agreement, and we are in agreement with the restrictions to changes in key personnel. After contract execution, Converse will not substitute key personnel (project manager and others listed by name in the cost proposal) or subconsultants without prior written approval from the City. We will request and justify the need for the substitution and obtain approval from the City prior to use of a different subconsultant on the contract. The proposed substituted team member will be as qualified as the original, and at the same or lower cost. For engineering types of Converse contracts, Converse’s project manager is a registered engineer in the State of California. Organizational Chart QA/QC Hashmi Quazi, PhD, PE, GE Principal Engineer/ Project Manager Siva Sivathasan, PE, GE, DGE, QSD, F.ASCE Field Services Coordinator Penney Munns Engineers Dean Stanphill, PE, GE Syed Tanvir Ahmed Dhruv J. Patel Geologists Robert Gregorek, PG, CEG Catherine Nelson, PG Chris Baker, PG Laboratory Miguel Tzintzun Sri Shanmugampillai Technicians Sergio Perez Bill Kowalski Sean Castillo Jose Navarrete Page 500 of 655 Proposal to Provide On-Call Geotechnical Engineering Services City of Diamond Bar Los Angeles County, California April 23, 2026 Page 5 Converse Consultants K:\31-Geotech\2026\26-31-159 City of Diamond Bar, On-Call Geotechnical Engineering Services\Proposal\26-31-159- 00_Diamond Bar-On-call.docx Staff Matrix Below we identify the experience of the personnel assigned and briefly outline their qualifications. ENGINEERS / GEOLOGISTS Name Duties Certifications Years of Exp. Hashmi Quazi QA/QC Ph.D., PE, GE 39 Siva Sivathasan Principal Engineer/Project Manager PhD, PE, GE, DGE, QSD, F.ASCE 32 Dean Stanphill Principal Engineer MBE, PE, GE 45 Robert Gregorek Senior Geologist BS, PG, CEG 46 Catherine Nelson Project Geologist BS, PG 6 Christopher Baker Project Geologist BS, PG 10 FIELD TECHNICIANS Name Duties Certifications Years of Exp. Sergio Perez Lead Technician Caltrans 125, 216, 231, 504, 518, 533, 539, 556, 557, ACI Certified Grade I, Nuclear Gauge, ICC Struct. Concrete, ICC Masonry, ICC Fireproofing 22 Bill Kowalski Technician Caltrans 125, 231, 504, 518, 539, 540, 543, 556, 557, ACI Certified Field Tech Grade I, Nuclear Gauge 23 Sean Castillo Technician Caltrans 216, 231, Nuclear Gauge, ACI Grade I 19 Jose Navarrete Technician Nuclear Gauge, ACI Grade I, Caltrans 125, 216, 231 21 LABORATORY TECHNICIANS Name Duties Certifications Years of Exp. Christian Quintero Lab Technician Caltrans 125, 521, ACI Grade I 9 Mark Santano Lab Technician ACI Grade I, Nuclear Gauge 9 Key resumes start on the next page. Page 501 of 655 Proposal to Provide On-Call Geotechnical Engineering Services City of Diamond Bar Los Angeles County, California April 23, 2026 Page 23 Converse Consultants K:\31-Geotech\2026\26-31-159 City of Diamond Bar, On-Call Geotechnical Engineering Services\Proposal\26-31-159- 00_Diamond Bar-On-call.docx 3.Project Understanding Understanding of City’s Challenges The City of Diamond Bar is primarily a bedroom community, and as such may face significant financial challenges centered on a structural budget deficit where costs for public safety and infrastructure services outpace revenue. Addressing long-term fiscal sustainability is key, as well as maintaining the City’s population and revenue base to ensure steady tax revenue. Managing housing affordability, ensuring compliance with state requirements, and addressing the deterioration of existing residential structures are likely ongoing concerns, as well as addressing traffic congestion at key freeway intersections (60 and 57) and responding to regional air quality concerns. Diamond Bar is a safe, family-oriented community with excellent schools, well-maintained streets and sidewalks, and beautiful parks. The City has been prudent in its annual budget planning, and City employees and residents understand Diamond Bar’s challenges and share a commitment to maintaining its quality of life. There will continue to be ongoing discussions regarding planning for long-term solutions and continuing to assess challenges. Converse would like to assist the City where possible. We tend to be conservative in our pricing and have significant experience in the area. Approach We understand that the City anticipates scope in the following categories: Category A. - Land Development Services, for which Converse will perform the following tasks: 1. Pre-Entitlement Review Preliminary review of proposed private development projects prior to Planning Commission or City Council consideration. Review of geotechnical reports, grading plans, and related technical documents associated with subdivisions, commercial developments, and other private projects. Participation in meetings with City staff, applicants, and others as requested, either virtually or in person. 2. Permitting and Final Plan Review Review and recommend approval of geotechnical reports, grading plans, and related documents for entitled projects during the permitting phase. written comments, redline markups, and technical recommendations consistent with City standards and applicable codes. 3. Construction Inspection and Field Services Inspection services for grading, compaction, and other geotechnical-related construction activities associated with private development. Inspection services in a timely manner, generally within forty-eight (48) hours of request, as coordinated with the City. Page 502 of 655 Proposal to Provide On-Call Geotechnical Engineering Services City of Diamond Bar Los Angeles County, California April 23, 2026 Page 24 Converse Consultants K:\31-Geotech\2026\26-31-159 City of Diamond Bar, On-Call Geotechnical Engineering Services\Proposal\26-31-159- 00_Diamond Bar-On-call.docx 4. Meetings and Coordination Attendance at pre-construction meetings, design review meetings, construction coordination meetings, and other meetings, as requested by the City. Clarification and technical support throughout the duration of each assigned project. 5. Plan Check Processing Requirements Receipt, review, and return of all plan check submittals, comments, and redline markups electronically. Standard plan check reviews, to be completed within ten (10) business days of receipt unless otherwise directed by the City. For complex projects, including subdivisions or large commercial developments, review of timelines, which may be negotiated on a case-by-case basis. For complex projects, including subdivisions or large commercial developments, review of timelines, which may be coordinated with the City on a case-by-case basis. Category B. - General Engineering Services, for which Converse will perform the following tasks: 1. Geotechnical Investigations and Design Soils investigations, analysis, testing, and geotechnical engineering evaluations for public improvement projects. Technical studies, calculations, reports, plans, specifications, and recommendations related to geotechnical conditions. 2. Construction Inspection for Public Projects Inspection services for grading, slope stabilization, street improvements, and miscellaneous facility improvements within public rights-of-way or on public property, including parks and City facilities. 3. Monitoring, Evaluation, and Advisory Services Geotechnical monitoring services for existing infrastructure, including but not limited to roadways, slopes, retaining structures, and other improvements. Services may include periodic site observations, condition assessments, instrumentation monitoring, documentation of observed conditions, and preparation of technical memoranda or reports summarizing findings and recommendations. 4. Other Geotechnical-Related Services Geotechnical engineering-related tasks as requested by the City that are consistent with the qualifications of a California-licensed Geotechnical Engineer. Such services may include, but are not limited to, forensic evaluations, peer review, technical advisory services, emergency response support, and specialized analyses related to soil, foundation, slope, and earthwork performance. Page 503 of 655 Proposal to Provide On-Call Geotechnical Engineering Services City of Diamond Bar Los Angeles County, California April 23, 2026 Page 25 Converse Consultants K:\31-Geotech\2026\26-31-159 City of Diamond Bar, On-Call Geotechnical Engineering Services\Proposal\26-31-159- 00_Diamond Bar-On-call.docx Methodology Our approach differs according to the kind of project we undertake. However, all of our projects start with a kick-off meeting in which the project’s goals, schedule, and other important factors are established. The project is guided on the following factors: Project Controls Prior to initiation of a project, we prepare a proposal which will list the various tasks, the duration of each, and overall cost. We meet with your project manager and go over our scope and budget, and adjust the scope and budget as agreed upon prior to signing a contract. During the course of the project, our project manager will monitor the amount of work performed and budget expended on a weekly basis. She or he will update the budget tracking sheet and keep the City’s representative informed of the budget status. The project manager will identify the disposition of any requests for work that falls outside of our initial scope of work and budget. She or he will seek the City’s representative before providing the services. If more testing is requested than initially planned or if the contractor is behind schedule, we will meet with the City’s representative to discuss how our scope of work can be modified to keep our cost within budget. Our goal will be to be proactive in controlling the budget and managing the schedule. As the City’s partner, we will do what it takes to deliver projects on time and within budget. Quality Control/Quality Assurance (QA/QC) Schedule maintenance for geotechnical investigation and materials testing and inspection projects is a matter of technical expertise, availability of qualified personnel, and internal quality controls. Our professional and field staff understand the necessity of proceeding on schedule through design and construction projects. For the design phase of a project our project manager will acquire and review any and all permits, reports, and other pertinent documentation from the client prior to the start of a project. The professional staff will conduct a field reconnaissance to map any surface conditions. Our staff will provide the client with any pertinent information that may affect the schedule and/or project budget. For the construction phase of a project our project manager will acquire project plans, specifications, reports and any other pertinent documentation from the client or contractor prior to the start of the project. Schedule maintenance for materials testing and inspection projects is a matter of technical expertise, availability of qualified personnel, and internal quality controls. Our field staff and contract managers understand the necessity of proceeding on schedule through new construction and rehabilitation projects. To maximize our efficiency, we typically dispatch field technicians with multiple relevant certifications. Depending on the sequencing of construction activities, one person can observe and test several items in one day on each site or between sites. In addition, certified laboratories are available 24 hours a day, 7 days a week to accommodate fluctuations in testing needs. Typical turnaround time for lab results is 48 hours, or when due. Page 504 of 655 Proposal to Provide On-Call Geotechnical Engineering Services City of Diamond Bar Los Angeles County, California April 23, 2026 Page 26 Converse Consultants K:\31-Geotech\2026\26-31-159 City of Diamond Bar, On-Call Geotechnical Engineering Services\Proposal\26-31-159- 00_Diamond Bar-On-call.docx Communication Plan Converse starts each assignment by carefully selecting its team. These team members are experienced and certified in multiple disciplines and have worked on various projects together. This built-in efficiency saves project time and money, but also enhances communication among members. Project Management: Siva K. Sivathasan, PhD, PE, GE, DGE, QSD, F. ASCE will be the main point of contact and project manager. At the beginning of the project, Dr. Sivathasan will collect all the project-specific information from the City project manager and prepare a project-specific scope and fee estimate and assemble a highly qualified team with appropriate experience. He will work with your project manager on field coordination, field work, and report progress and finalizing the reports. For the construction projects during construction, he will discuss the contractor’s progress with your project manager weekly and work with our field services coordinator and field personnel to forecast the staffing hours of all inspection and testing activities. Based on the contractor schedule and sequencing of activities, he can project the staff requirements. Scheduling and Service Coordination/Dispatcher: Our Field Services Coordinator (FSC) is the single point of contact to take requests for our services from the City. We request 24 hours advance notice; however, due to our proximity to your sites and amount of field personnel on staff and from our subs, we will be on-site whenever you need us. Based on the specific project requirements, the FSC coordinates with the project manager and Lead Technician daily and schedules field personnel to be at the site on the day and time requested. With this single point of contact, we effectively reduce the chances of miscommunication and/or technicians’ failure to be at the site on time. Our FSC is available between 7:30 a.m. and 5:00 p.m. Service requests can be accommodated all seven (7) days of the week, except holidays. Due to our wide array of available staff, we can also accommodate multiple technician requests on weekends. Communication: Scheduling of available staff and projects is coordinated through weekly office meetings. Our project managers are always available to staff and will be in constant contact with the Principal-in-Charge. Page 505 of 655 Proposal to Provide On-Call Geotechnical Engineering Services City of Diamond Bar Los Angeles County, California April 23, 2026 Page 27 Converse Consultants K:\31-Geotech\2026\26-31-159 City of Diamond Bar, On-Call Geotechnical Engineering Services\Proposal\26-31-159- 00_Diamond Bar-On-call.docx 4.Schedule To prepare a geotechnical investigation report, we will prepare a proposal listing the various tasks and the associated cost for each task. We will also include a schedule when the final report is delivered. Typically, it varies from two to four weeks, depending on the size and complexity of the project. Our designated project manager will be responsible for delivering the project to the City on schedule and within budget unless an event occurs beyond our control. During construction, our schedule is dictated by contractor’s schedule and sequencing of activities. Prior to initiation of a project, we will prepare a proposal which will list the various tasks, the duration of each and overall cost. We will meet with your project manager and go over our scope and budget. We will adjust the scope and budget as agreed upon by the project manager prior to signing a contract. Below is a general schedule framework demonstrating Converse’s responsiveness to City requests: Typical Geotechnical Services Schedule (Small to Mid-Size Project) Week 1: Project Initiation & Setup o Initiate request and review project plans. o Secure permits and Right of Entry. o Schedule utility clearances (e.g., USA North/DigAlert). Week 2: Field Investigation o Mobilize drill rigs and personnel to the site. o Execute soil boring, rock coring, or test pit excavation. o Perform in-situ testing (e.g., SPT, cone penetration test). Week 3-4: Laboratory Testing o Transport samples to the lab. o Perform classification tests (moisture content, Atterberg limits). o Conduct strength/consolidation tests (direct shear, triaxial). Week 5-6: Data Analysis & Reporting o Analyze data and perform geotechnical engineering calculations. o Draft boring logs and site maps. o Prepare final report with foundation and design recommendations. Key Scheduling Milestones Mobilization: 1–3 days. Fieldwork Duration: 1–5 days (varies by depth/number of borings). Lab Testing: 1–2 weeks. Final Report Submittal: ~4 weeks after Notice to Proceed. Factors Affecting Schedule Site Access/Traffic Control: Restricted areas or high-traffic areas increase permitting time. Environmental Concerns: Contaminated sites require specialized handling. Weather: Heavy rain or freezing conditions can delay drilling. Groundwater Monitoring: Longer timelines if multi-week, post-drilling groundwater monitoring is required. Page 506 of 655 Converse Consultants PW2026 Geotech CONVERSE CONSULTANTS Prevailing Wage Schedule of Fees Introduction It is the objective of Converse Consultants to provide its clients with quality professional and technical services and a continuing source of professional advice and opinions. Services will be performed in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. This fee schedule is valid through December 31, 2029. Hourly Charges for Personnel Staff assignments will depend on personnel availability, job complexity, project site location, and experience level required to satisfy the technical requirements of the project and to meet the prevailing standard of professional care. Field Technical Services (hourly rate including vehicle and equipment) Construction Inspector – ACI/ICC and/or AWS/CWI certified (concrete, post-tension, masonry, structural steel, fireproofing; includes concrete batch plant and local steel fabrication inspections) ............................... $156 DSA Masonry Inspector ........................................................................................................................................................... 156 Non-Destructive Testing Inspector (ultrasonic, magnetic particle, dye penetrant, skidmore, pull testing, torque testing, Schmidt hammer, and pachometer) .......................................................................................................... 161 Coating Inspector/Coring Technician ....................................................................................................................................... 161 Soils Technician (soil, base, asphalt concrete, and moisture emission testing) ....................................................................... 156 Sample Pick-Up ......................................................................................................................................................................... 60 Professional Services (consultation for field and office, if requested) Staff Professional ................................................................................................................................................................... $156 Senior Staff Professional .......................................................................................................................................................... 161 Project Professional ................................................................................................................................................................. 170 Project Manager ....................................................................................................................................................................... 180 Senior Professional .................................................................................................................................................................. 185 Principal Professional ............................................................................................................................................................... 225 Principal Consultant ................................................................................................................................................................. 235 Laboratory Testing Laboratory Technician ...................................................................................................................................................... Per Test (see Geotechnical Laboratory Testing and Materials Testing Services fee schedules.) Laboratory Supervisor ............................................................................................................................................................ $100 Office Support Clerical/Word Processing ......................................................................................................................................................... $95 Drafting ....................................................................................................................................................................................... 95 CAD Operator/Drafting Manager .............................................................................................................................................. 100 Overtime and special shift rates for Field Services personnel are determined in accordance with Prevailing Wage law. Travel time to and from the job site will be charged at the hourly rates for the appropriate personnel. Expenses 1.Exploration expenses (drilling, trenching, etc.) are charged at cost plus fifteen percent. 2.Travel and subsistence expenses (transportation, room and board, etc.) for individuals on projects requiring travel and/or living 50 miles away from the project site are charged at cost plus fifteen percent. 3.Automobile and truck expenses are charged at cost plus fifteen percent (rentals) or at the current IRS milage rate per mile for company-owned vehicles traveling between principal office and project. 4.Other out-of-pocket direct project expenses (aerial photos, long-distance telephone calls, permits, bonds, outside printing services, tests, etc.) are charged at cost plus fifteen percent. Invoices 1.Invoices will be submitted to the Client on a monthly basis, and a final bill will be submitted upon completion of services. 2.Payment is due upon presentation of invoice and is past-due thirty days from invoice date. In the event Client fails to make any payment to Converse when due, Converse may immediately cease work hereunder until said payment, together with a service charge at the rate of eighteen percent per annum (but not exceeding the maximum allowed by law) from the due date, has been received. Further, Converse may at its sole option and discretion refuse to perform any further work irrespective of payment from Client in the event Client fails to pay Converse for services when said payments are due. 3.Client shall pay attorneys’ fees or other costs incurred in collecting any delinquent amount. General Conditions The terms and provisions of the Converse General Conditions are incorporated into this fee schedule as though set forth in full. If a copy of the General Conditions does not accompany this fee schedule, Client should request a copy from this office. Page 507 of 655 Converse Consultants GLT2026 CONVERSE CONSULTANTS Schedule of Fees – Geotechnical Laboratory Testing Compensation for laboratory testing services will be made in accordance with this fee schedule which includes test report(s) and engineering time. Costs of tests not on this schedule will be by quote and/or in accordance with our current hourly fee schedule. The rates are based on non-contaminated soil. A surcharge will be charged for handling contaminated material, which will be determined based on the project. This fee schedule is valid through December 31, 2029. IDENTIFICATION AND INDEX PROPERTIES TESTS Visual Classification, ASTM D2488 ................................... 20.00 Engineering Classification, ASTM D2487 ......................... 25.00 Moisture Content and Dry (bulk) Density, ASTM D2216 and D2937 ............................................. 25.00 Moisture Content, ASTM D2216 .................................. 20.00 Shrinkage Limit, ASTM D4943 .......................................... 85.00 Atterberg Limits, ASTM D4318 Several points ............................................................ 150.00 One Point ..................................................................... 50.00 Particle Size Analysis, ASTM D6913 Fine Sieve, from +#200 to #4 ..................................... 100.00 Coarse and Fine Sieve, from #200 to 3 in .................. 180.00 Hydrometer ................................................................ 120.00 Percent Passing #200 Sieve, ASTM D1140 ...................... 80.00 Specific Gravity Fine, passing #4 sieve, ASTM D854 .......................... 100.00 Coarse, retained on #4 sieve, ASTM C127 ................ 100.00 Sand Equivalent Test, ASTM D2419 ............................... 130.00 Double Hydrometer Dispersion, ASTM D4221 ................ 150.00 COMPACTION AND BEARING STRENGTH Standard Proctor Compaction, ASTM D698 or ASTM D1557 Method A or B ............................................................ 210.00 Method C, 6” mold ...................................................... 220.00 California Impact Method, Caltrans 216 .......................... 220.00 R-value, ASTM D2844 and CTM301 ............................... 280.00 California Bearing Ratio (CBR), ASTM D1883 1 Point ........................................................................ 550.00 3 Points ...................................................................... 750.00 Relative Density 0.1 Cubic Foot Mold ................................................... 200.00 0.5 Cubic Foot Mold ................................................... 300.00 SHEAR STRENGTH Torvane/Pocket Penetrometer .......................................... 25.00 Direct Shear Quick Test .................................................................... 75.00 Consolidated, Drained, granular soil, ASTM D3080 ........................................................ 230.00 Consolidated, Drained, fine grained soil, ASTM D3080 ........................................................ 260.00 Consolidated, Undrained, fine grained soil ................. 230.00 Residual Strength, per cycle ........................................ 70.00 Remolded Specimens .................................................. 70.00 STATIC UNIAXIAL AND TRIAXIAL STRENGTH TESTS (PER POINT) Unconfined Compression, ASTM D2166 ........................ 150.00 Unconsolidated, Undrained, ASTM D2850 ..................... 160.00 Consolidated, Undrained, per point ................................ 700.00 Consolidated, Drained, per point .................................... 700.00 With Pore Pressure Measurement, per load ................... 150.00 Remolded Specimen ......................................................... 90.00 CONSOLIDATION (ASTM2435) AND SWELL COLLAPSE (ASTM D4546) TESTS 8 Load Increments .......................................................... 260.00 Additional Load Increment ................................................ 50.00 Time-Ratio, per load increment ......................................... 90.00 Single Point, collapse test ................................................. 90.00 Single Load Swell, ASTM D4546 Ring Sample, Field Moisture ......................................... 95.00 Ring Sample, Air Dried ................................................. 95.00 Remolded Sample .............................................................. 70.00 Expansion Index Test, UBC 29-2/ASTM D4829 ................140.00 HYDRAULIC CONDUCTIVITY TESTS Constant Head, ASTM D2434 ...........................................250.00 Falling Head Flexible Wall, ASTM D5084 .........................300.00 Triaxial Permeability, EPA 9100 ........................................350.00 Remolded Specimen .......................................................... 60.00 CHEMICAL TESTS Corrosivity (pH, resistivity, sulfates, chlorides) ..................225.00 Organic Content, ASTM D2974 .........................................100.00 Conditions: Unit rates presented on this fee schedule are for routinely performed geotechnical laboratory tests. Numerous other earth material physical tests can be performed in our geotechnical laboratories, including rock core, soil cement and soil lime mixture tests. Tests not listed can be quoted upon request. This fee schedule is valid through December 31, 2026. Prices are based on the assumption that samples are uncontaminated and do not contain heavy metals, acids, carcinogens and/or volatile organics which can be measured by an organic vapor analyzer or photoionization detector with a concentration greater than 50 parts-per-million (ppm). Quoted testing fees are based on the assumption that no protective clothing will be required to handle samples. If Level D protective clothing will be required during handling of samples (as defined in Federal CFR Part 1910.120), then a 40% increase in fees presented in this schedule will be applied. Level C protective clothing will be a 60% increase in fees. Converse will not handle samples that require either Level B or Level A protection in our geotechnical laboratories. Contaminated samples will be returned to the client. Uncontaminated samples will be disposed of 30 days after presentation of test results. The client must disclose the source of samples. Samples imported from out of state will be incinerated after testing in accordance with requirements of the United States Department of Agriculture. Soil samples obtained within the State of California currently designated quarantine areas will also be incinerated in accordance with the requirement of the State of California, Department of Food and Agriculture, Division of Plant Industry, Pest Exclusion. A $5.00 incineration fee will be added to each sample that is required to be incinerated in accordance with State and Federal law. Test results requiring plots will be presented in a publishable format generated from computer programs. Otherwise, raw test numbers will be presented. A minimum laboratory fee of $50.00 will be charged to present and mail test results. Beyond the standard U.S. Mail delivery, specialized transmittal will be charged at additional cost (e.g., Federal Express, UPS, etc.). Geotechnical testing does not include engineering and/or geologic review and analysis. Typical turnaround for geotechnical laboratory testing is two weeks (or roughly ten working days). To expedite test turnaround to five working days, a 50% increase in the fees in this schedule will be applied. Many geotechnical tests require at least one week to perform in accordance with ASTM or other standard specifications. Fees presented in this schedule for relatively undisturbed direct shear, consolidation or expansion pressure tests are based on the assumption that 2.416-inch inside diameter brass ring samples will be provided to the geotechnical laboratory for testing. Remolded specimens will be compacted in standard 2.5-inch outside diameter brass rings for direct shear, consolidation and expansion pressure tests. All fees presented in this schedule are based on the assumption that the client will deliver samples to our laboratory at no additional cost to Converse. Invoices will be issued monthly and are payable on receipt unless otherwise agreed upon. Interest of 1.5% per month (but not exceeding the maximum allowed by law) will be payable on any amount not paid within thirty days; payment thereafter to be applied first to accrued interest and then to the principle unpaid amount. The Client shall pay any attorneys' fees or other costs incurred in collecting any delinquent amounts. Page 508 of 655 Converse Consultants MTS2026 CONVERSE CONSULTANTS Schedule of Fees – Materials Laboratory Testing Compensation for laboratory testing services will be based on rates in accordance with this fee schedule which includes test report(s) and engineering time. Costs of tests not on this schedule will be by quote and/or in accordance with our current hourly fee schedule. Our services will be performed in accordance with the General Conditions. This fee schedule is valid through December 31, 2029. AGGREGATES Moisture Content, ASTM D2216 .............................................. 25.00 Particle Size Analysis Coarse, ASTM C136, each ............................................... 120.00 Coarse and Fine, ASTM C136 & C137), each .................. 180.00 Specific Gravity & Absorption Coarse Aggregate, ASTM C127 ....................................... 115.00 Fine Aggregate, ASTM C128 ........................................... 175.00 Unit Weight per Cubic Foot, ASTM C29 ............................. 75.00 Soundness, Sodium or Magnesium, ASTM C88, each ..... 550.00 Potential Alkali Reactivity, ASTM D289 ............................ 700.00 Freeze Thaw Soundness .................................................. 175.00 Los Angeles Abrasion, per class, ASTM C131, C535 ....... 375.00 Sand Equivalent, ASTM D2419 ........................................ 180.00 Lightweight Particles, ASTM C123, each .......................... 300.00 Clay Lumps & Friable Particles, ASTM C142, each .......... 290.00 Stripping Test, ASTM D1664, each .................................... 85.00 Organic Impurities, ASTM C40 ......................................... 140.00 Durability ...................................................................... By Quote CONCRETE TESTS Laboratory Trial Batch, ASTM C192 .................................. By Quote Laboratory Mix Design, Historical Data .............................. By Quote Compression Test, 6”x12” Cylinder, ASTM C39, each ............. 55.00 Lightweight Concrete Compression ...................................................................... 55.00 Unit Weight ......................................................................... 55.00 Specimen Preparation, Trimming or Coring, each ................... 75.00 Bond Strength, ASTM C321 Prepared by Converse...................................................... 250.00 Prepared by Others .......................................................... 150.00 Core Compression Test, ASTM C12, each ............................ 120.00 Flexure Test, 6”x6” Beams, ASTM C78, each ........................ 130.00 Modulus of Elasticity, Static, ASTM C469, each .................... 275.00 Length Change, ASTM C157, 3 bars, 5 readings each, up to 26 days .................................................................... 550.00 Splitting Tensile, 6”x12” Cylinders, each ................................ 110.00 Field Concrete Control (sampling, slump, temperature, cast 4 cylinders, molds, cylinder pick-up, within 10 miles of office, stand-by extra), ASTM/UBC, hourly rate schedule, or each cylinder .................................................. 95.00 Field Concrete Control (same as above plus air content test), ASTM/UBC, each cylinder .................................................. 95.00 Hold Cylinder ........................................................................... 10.00 Cylinder Mold, sent to job site but not cast by Converse or returned to Converse ............................................................ 7.00 MASONRY (ASTM C140, E447, UBC STANDARD 24-22) Moisture Content, as received, each ...................................... 105.00 Absorption, each ...................................................................... 85.00 Compression, each .................................................................. 85.00 Shrinkage, ASTM C426, each ............................................... 250.00 Net Area and Volume, each ..................................................... 30.00 Masonry Blocks, per set of 9 ............................................... 1,500.00 Masonry Core Compression, each......................................... 125.00 Masonry Core Shear, each .................................................... 245.00 Masonry Core Trimming, each ............................................... 150.00 Compression Test, grouted prisms, 8”x8”x16”, each .............. 300.00 Compression Test, grouted prisms, 12”x16”x16”, each .......... 425.00 Compression Test 2”x4” Mortar Cylinder, each ................................................ 55.00 3”x6” Grout Prisms, each .................................................... 55.00 2” Cubes, ASTM C109, each .............................................. 55.00 Cast by Others ......................................................................... 55.00 Mortar or Grout Mix Designs .............................................. By Quote FIREPROOFING TESTS Oven Dry Density, per sample ................................................. 80.00 MOISTURE EMISSION TEST Moisture Emission Test Kit ......................................................85.00 ASPHALTIC CONCRETE Stability, Flow, and Unit Weight, ASTM D6927 .....................500.00 Marshall ASTM D1559, ASTM D2726 ...................................450.00 Measured Maximum Specific Gravity of Mix, ASTM D2041, Rice Method, each ..........................................................350.00 Void Analysis of Cores or Marshall Specimens, Calculations Only, ASTM D3203, set of 2 or 3 ...................60.00 Laboratory Mixing of Asphalt & Concrete, per sample .............75.00 Complete Asphalt Concrete Mix Design Hveem or Marshall ...................................................... By Quote Extraction of Asphalt and Gradation, ASTM D2172, Method B, or California 310, including ash correction, each .............455.00 Extraction of Rubberized Asphalt & Gradation, each .............350.00 Specific Gravity, ASTM D2726 or ASTM D1188 Uncoated ...........................................................................95.00 Coated .............................................................................125.00 Immersion-Compression .......................................................650.00 Particle Coating, ASTM D2489 ...............................................95.00 Stripping, ASTM D1664 ..........................................................85.00 Moisture or Volatile Distillates in Paving Mixtures, or Materials Containing Petroleum Products or By-Products .....................................................................350.00 Retained Strength, ASTM D1074/D1075, 6 specimens ..... By Quote Retained Stability, Mil, Std, 520A, Method 104, 6 specimens ................................................................ By Quote CBR, ASTM D1883, including M/D Curve, 1 point ................400.00 Asphalt Temperature ...............................................................20.00 STRUCTURAL STEEL Tensile Test #9 Bar or Smaller, each ......................................65.00 Bend Test #9 Bar or Smaller, each .........................................65.00 Tensile Test #10 Bar or Greater, each ..................................300.00 Tensile Test #14 Bar, each ...................................................330.00 Rebar Coupler Tensile Test ..................................................160.00 Tensile Test, Welded #9 Bar or Smaller, each ......................160.00 Tensile Test, Welded #10 Bar or Greater, each ....................300.00 Tensile Test, Welded #14 Bar, each .....................................330.00 Tensile Test, Mechanically Spliced, #9 Bar or Smaller, each ................................................................................210.00 Tensile Test, Mechanically Spliced, #10 Bar or Greater, each ................................................................................350.00 HIGH STRENGTH BOLT, NUT, AND WASHER TESTING Wedge Tensile Test, A490 Bolts Under 100,000 lbs., each ................................................130.00 Over 100,000 lbs., each ..................................................140.00 Wedge Tensile Test, A325 Bolts Under 100,000 lbs., each ................................................160.00 Tensile Test, Anchor Bolts, tested with displacement transducers, each ............................................................300.00 Nut Hardness, Proof & Cone Proof Load Test, each ...............65.00 Washer Hardness, each ..........................................................55.00 A325 or A490, Bolt Hardness Only, each ................................55.00 Bolt A325 or A490 Wedge Tensile Under 100,000 lbs. & Hardness, each .............................240.00 Over 100,000 lbs. & Hardness, each ...............................280.00 Bolt, Nut & Washer, all tests per set with bolts Under 100,000 lbs. ..........................................................400.00 Over 100,000 lbs. ............................................................500.00 See Schedule of Fees – Geotechnical Laboratory Testing for soil testing. Hourly rates are available upon request. Field Laboratory rates are available upon request. Listed unit rates are based upon the assumption that samples will be delivered to our laboratory at no cost to Converse. Page 509 of 655 Agenda Item #: 6.22 Meeting Date: June 16, 2026 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager SUBJECT: Amendments to the Consulting Services Agreements for On-Call Civil Engineering, Landscape Architectural, and NPDES Professional Services. STRATEGIC GOAL: Open, Engaged and Responsive Government RECOMMENDATION: A. Approve, and authorize the City Manager to sign Amendment No. 1 to the Consulting Services Agreement with Cannon Corporation through June 30, 2028; B. Approve, and authorize the City Manager to sign Amendment No. 1 to the Consulting Services Agreement with HR Green Pacific, Inc. through June 30, 2028; C. Approve, and authorize the City Manager to sign Amendment No.3 to the Consulting Services Agreement with Local Agency Engineering Associates, Inc., through June 30, 2028; D. Approve, and authorize the City Manager to sign Amendment No. 2 to the Consulting Services Agreement with TAIT & Associates, Inc., through June 30, 2028; and, E. Approve, and authorize the City Manager to sign Amendment No. 1 to the Consulting Services Agreement with John L. Hunter & Associates, Inc., through June 30, 2028. FINANCIAL IMPACT: The Fiscal Year 2026/27 Budget includes funding for on-call civil engineering and related professional services, including General Funds, Proposition C Funds, and Measure W Funds. City funds are available for City projects and operations, including engineering design, capital improvement projects, infrastructure maintenance, and regulatory compliance. In addition to the City funds listed above, developer funds will be used for the work related to the development project review services under these agreements. An annual not-to-exceed amount of $100,000 for each selected firm is recommended for on-call civil engineering and related professional services. The not-to-exceed amounts establish maximum contractual authority and do not represent anticipated annual expenditures. City-funded services will remain subject to available appropriations, while development-related services will be funded through developer fees and deposits. The proposed amounts provide sufficient capacity to accommodate varying workloads and updated billing rates during the extension term without requiring future contract amendments solely for administrative purposes. BACKGROUND: Page 510 of 655 Agenda Item #: 6.22 Meeting Date: June 16, 2026 To supplement the City's professional capabilities, civil engineering and related professional services have been utilized by the City on an as-needed basis to ensure efficiency in Public Works Department functions such as land development project processing, Capital Improvement Program (CIP) project planning and design, plan check services, infrastructure maintenance, regulatory compliance, and construction support. On June 20, 2023, the City Council approved consultant services agreements with the subject firms to provide on-call civil engineering and related professional services. The agreements are scheduled to expire on June 30, 2026, and include provisions allowing for extension upon mutual agreement of the parties. Since approval of the original agreements, in addition to the regular on-call services, the City has utilized certain consultants for project-specific assignments through separate amendments. Local Agency Engineering, Inc. ("LAE") provided additional support for the Maple Hill Park Improvements Project (CIP No. FP23506) (Amendment N0. 1) and the Diamond Bar Boulevard Complete Streets Project (CIP No. SI256) (Amendment No.2). TAIT & Associates, Inc. ("TAIT") provided additional work of design services for the Pantera Park Hard Court Rehabilitation and LED Light Retrofit Project (CIP No. FP23503) and Groundwater Drainage Improvements at Cold Spring Lane (CIP No. SI23101) (Amendment No. 1). These project-specific amendments do not affect the proposed extension of the on-call portion of the agreements. Given the diverse range of services that may be required, it is beneficial for the City to retain qualified on-call consultants to provide timely, specialized support for City projects and development review activities. John L. Hunter & Associates, Inc. ("JLHA") also provides support for the City's stormwater compliance program. The Measure W funds programmed for JLHA's services are limited to eligible NPDES and MS4 Permit activities, including inspections, investigations, enforcement, reporting, and staff training. ANALYSIS: The City's current on-call consultants have provided responsive and professional services in support of development review, capital improvement projects, infrastructure maintenance, regulatory compliance activities, and other specialized engineering assignments. Their familiarity with City standards, procedures, and ongoing projects provides valuable continuity and institutional knowledge. The City's on-call consultants provide specialized services that supplement staff resources and support a variety of operational and project needs, including: • Cannon Corporation – Plan check services, development review, specialized inspections for private development projects, and general engineering support on an as-needed basis (Attachment 1). • HR Green Pacific, Inc. – Plan check services, development review, specialized inspections for private development projects, and general engineering support on an as-needed basis (Attachment 2). • Local Agency Engineering, Inc. – Construction observation and related support services for capital improvement and infrastructure projects (Attachment 3). • TAIT & Associates, Inc. – General civil engineering and landscape architectural services on an as- needed basis (Attachment 4). • John L. Hunter & Associates, Inc. – Environmental compliance services associated with the City's National Pollutant Discharge Elimination System (NPDES) Program and Municipal Separate Storm Sewer System (MS4) Permit requirements (Attachment 5). Maintaining multiple on-call consultants allows the City to access a broad range of technical expertise, respond to fluctuating workloads, and efficiently complete project and development review activities without increasing permanent staffing levels. The availability of multiple firms also provides flexibility to assign work based on consultant availability, specialized qualifications, and project-specific needs. Staff recommends extending the existing agreements with the five (5) consulting firms for an additional term in accordance with the provisions of the original agreements. The proposed not-to-exceed amount of $100,000 Page 511 of 655 Agenda Item #: 6.22 Meeting Date: June 16, 2026 for each firm provides sufficient capacity to address routine assignments, development-related services, and unforeseen project needs while maintaining expenditures on an as-needed basis. Compensation for services will be billed in accordance with each consultant's approved fee schedule and the specific scope of work authorized by the City. LEGAL REVIEW: The City Attorney has reviewed and approved the Agreements as to form. PREPARED BY: Vivian Chen, Associate Enginer, Public Works ATTACHMENTS: 1. First Amendment (Cannon) 2. First Amendment (HR Green) 3. Third Amendment (LAE Associates) 4. Second Amendment (TAIT & Associates) 5. First Amendment (John L. Hunter & Associates) Page 512 of 655 1450826.1 FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT This First Amendment to Consultant Services Agreement (“First Amendment”) is made and entered into as of June 16, 2026, by and between the City of Diamond Bar, a municipal corporation (“City”), and Cannon Corporation, a California corporation (herein referred to as the “Consultant”) with reference to the following: A. The City and the Consultant entered into that certain Consultant Services Agreement dated as of June 20, 2023, which is incorporated herein by this reference (the “Original Agreement”); and B. The City and the Consultant desire to amend the Original Agreement to modify, amend and supplement certain portions thereof. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Revised Term. This First Amendment shall take effect July 1, 2026, and shall continue until June 30, 2028, unless earlier terminated pursuant to the provisions of the Original Agreement. 3. Revised Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement was the sum of Sixty-Two Thousand Five Hundred Dollars and Zero Cents ($62,500.00). Section 3 of the Original Agreement is hereby amended to provide for an increase of Thirty-Seven Thousand Five Hundred Dollars and Zero Cents ($37,500.00) so that the total not-to-exceed compensation, as amended by this First Amendment shall not exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00) each Fiscal Year without the prior authorization of the City. 4 Integration. This First Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This First Amendment amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control. Page 513 of 655 IN WITNESS hereof, the parties enter into this First Amendment on the year and day first above written. “CONSULTANT” “CITY” Cannon Corporation CITY OF DIAMOND BAR By: By: Printed Name: Daniel Fox, City Manager Title: By: ATTEST: Printed Name: Title: Kristina Santana, City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorney *NOTE: If Consultant is a corporation, the City requires the following signature(s): -- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. Page 514 of 655 2026/2027 Fee Schedule CONSTRUCTION MANAGEMENT Principal In Charge $295 Director, Construction Management $239 Senior Principal Engineer II $282 Principal Construction Manager $227 Senior Principal Engineer $272 Sr. Construction Manager $222 Principal Engineer $258 Sr. Resident Engineer $227 Senior Associate Engineer $232 Resident Engineer $213 Associate Engineer $212 Assistant Resident Engineer III $195 Senior Project Engineer $198 Assistant Resident Engineer II $179 Project Engineer $184 Assistant Resident Engineer I $167 Design Engineer $168 Construction Inspector III $164 Senior CAD Tech $130 Construction Inspector II $156 CAD Tech $120 Construction Inspector I $132 Plan Check Manager $288 TECHNICAL SUPPORT Senior Plan Check Engineer $193 Senior Consultant $350 Plan Check Engineer II $168 Engineering Assistant IV $140 Plan Check Engineer I $141 Engineering Assistant III $133 STRUCTURAL Engineering Assistant II $122 Sr. Principal Engineer $244 Engineering Assistant I $110 Principal Engineer $222 Sr. Associate Engineer $208 Associate Engineer $193 Sr. Project Engineer $188 Project Engineer $175 Principal Designer $155 Sr. Project Designer $136 Design Engineer $155 Three-Man Field Crew (PW) $475 Two-Man Field Crew (PW) $372 One-Man Field Crew (PW) $262 CIVIL SURVEYING Page 515 of 655 + OVERHEAD % + = COMBINED% NORMAL + + = 98.12% OVERTIME + + = 98.20% FEE % 10% BILLING INFORMATION Actual % or $ Hourly rate - Straight OT(1.5x) OT(2x) From To hourly rate³increase for classifications only 283.31$ 283.43$ 283.43$ 1/1/2026 12/31/2026 130.00$ 286.14$ 286.26$ 286.26$ 1/1/2027 12/31/2027 131.30$ 1.00% 289.01$ 289.12$ 289.12$ 1/1/2027 12/31/2027 132.61$ 1.00% 291.90$ 292.01$ 292.01$ 1/1/2028 12/31/2028 133.94$ 1.00% 294.82$ 294.93$ 294.93$ 1/1/2029 12/31/2029 135.28$ 1.00% 246.26$ 246.36$ 246.36$ 1/1/2025 12/31/2025 113.00$ 248.73$ 373.24$ 497.65$ 1/1/2026 12/31/2026 114.13$ 1.00% 251.21$ 376.97$ 502.63$ 1/1/2027 12/31/2027 115.27$ 1.00% 253.73$ 380.74$ 507.66$ 1/1/2028 12/31/2028 116.42$ 1.00% 256.26$ 384.55$ 512.73$ 1/1/2029 12/31/2029 117.59$ 1.00% 246.26$ 369.54$ 492.73$ 1/1/2025 12/31/2025 113.00$ 248.73$ 373.24$ 497.65$ 1/1/2026 12/31/2026 114.13$ 1.00% 251.21$ 376.97$ 502.63$ 1/1/2027 12/31/2027 115.27$ 1.00% 253.73$ 380.74$ 507.66$ 1/1/2028 12/31/2028 116.42$ 1.00% 256.26$ 384.55$ 512.73$ 1/1/2029 12/31/2029 117.59$ 1.00% 246.26$ 369.54$ 492.73$ 1/1/2025 12/31/2025 113.00$ 248.73$ 373.24$ 497.65$ 1/1/2026 12/31/2026 114.13$ 1.00% 251.21$ 376.97$ 502.63$ 1/1/2027 12/31/2027 115.27$ 1.00% 253.73$ 380.74$ 507.66$ 1/1/2028 12/31/2028 116.42$ 1.00% 256.26$ 384.55$ 512.73$ 1/1/2029 12/31/2029 117.59$ 1.00% 246.26$ 369.54$ 492.73$ 1/1/2025 12/31/2025 113.00$ 248.73$ 373.24$ 497.65$ 1/1/2026 12/31/2026 114.13$ 1.00% 251.21$ 376.97$ 502.63$ 1/1/2027 12/31/2027 115.27$ 1.00% 253.73$ 380.74$ 507.66$ 1/1/2028 12/31/2028 116.42$ 1.00% 256.26$ 384.55$ 512.73$ 1/1/2029 12/31/2029 117.59$ 1.00% 178.70$ 268.16$ 357.55$ 1/1/2025 12/31/2025 82.00$ 180.49$ 270.85$ 361.13$ 1/1/2026 12/31/2026 82.82$ 1.00% 182.30$ 273.55$ 364.74$ 1/1/2027 12/31/2027 83.65$ 1.00% 184.12$ 276.29$ 368.39$ 1/1/2028 12/31/2028 84.48$ 1.00% 185.96$ 279.05$ 372.07$ 1/1/2029 12/31/2029 85.33$ 1.00% 178.70$ 268.16$ 357.55$ 1/1/2025 12/31/2025 82.00$ 180.49$ 270.85$ 361.13$ 1/1/2026 12/31/2026 82.82$ 1.00% 182.30$ 273.55$ 364.74$ 1/1/2027 12/31/2027 83.65$ 1.00% 184.12$ 276.29$ 368.39$ 1/1/2028 12/31/2028 84.48$ 1.00% 185.96$ 279.05$ 372.07$ 1/1/2029 12/31/2029 85.33$ 1.00% 178.70$ 268.16$ 357.55$ 1/1/2025 12/31/2025 82.00$ 180.49$ 270.85$ 361.13$ 1/1/2026 12/31/2026 82.82$ 1.00% 182.30$ 273.55$ 364.74$ 1/1/2027 12/31/2027 83.65$ 1.00% 184.12$ 276.29$ 368.39$ 1/1/2028 12/31/2028 84.48$ 1.00% 185.96$ 279.05$ 372.07$ 1/1/2029 12/31/2029 85.33$ 1.00% 178.70$ 268.16$ 357.55$ 1/1/2025 12/31/2025 82.00$ 180.49$ 270.85$ 361.13$ 1/1/2026 12/31/2026 82.82$ 1.00% 182.30$ 273.55$ 364.74$ 1/1/2027 12/31/2027 83.65$ 1.00% 184.12$ 276.29$ 368.39$ 1/1/2028 12/31/2028 84.48$ 1.00% 185.96$ 279.05$ 372.07$ 1/1/2029 12/31/2029 85.33$ 1.00% Hourly Billing Rates²Effective date of hourly rate Project Manager COST PROPOSAL Specific Rate of Compensation (use for on-call or as-needed contracts) City of Diamond Bar On-Call Construction Management / Project Management and Inspection Services FRINGE BENEFIT %GENERAL ADMINISTRATION % Construction Manager / Resident Engineer Structures Representative Constructability Review Plan Checkers Construction Inspector Consultant or Subconsultant ___FCG_(Prime)__________________ Contract No. _________ Date 1/22/2026 CALCULATION INFORMATION Name/Job Title/Classification¹ Structures Inspector Electrical Inspector Permit Inspector Page 516 of 655 + OVERHEAD % + = COMBINED% NORMAL + + = 98.12% OVERTIME + + = 98.20% FEE % 10% BILLING INFORMATION COST PROPOSAL Specific Rate of Compensation (use for on-call or as-needed contracts) City of Diamond Bar On-Call Construction Management / Project Management and Inspection Services FRINGE BENEFIT %GENERAL ADMINISTRATION % Consultant or Subconsultant ___FCG_(Prime)__________________ Contract No. _________ Date 1/22/2026 CALCULATION INFORMATION 178.70$ 268.16$ 357.55$ 1/1/2025 12/31/2025 82.00$ 180.49$ 270.85$ 361.13$ 1/1/2026 12/31/2026 82.82$ 1.00% 182.30$ 273.55$ 364.74$ 1/1/2027 12/31/2027 83.65$ 1.00% 184.12$ 276.29$ 368.39$ 1/1/2028 12/31/2028 84.48$ 1.00% 185.96$ 279.05$ 372.07$ 1/1/2029 12/31/2029 85.33$ 1.00% 178.70$ 268.16$ 357.55$ 1/1/2025 12/31/2025 82.00$ 180.49$ 270.85$ 361.13$ 1/1/2026 12/31/2026 82.82$ 1.00% 182.30$ 273.55$ 364.74$ 1/1/2027 12/31/2027 83.65$ 1.00% 184.12$ 276.29$ 368.39$ 1/1/2028 12/31/2028 84.48$ 1.00% 185.96$ 279.05$ 372.07$ 1/1/2029 12/31/2029 85.33$ 1.00% 178.70$ 268.16$ 357.55$ 1/1/2025 12/31/2025 82.00$ 180.49$ 270.85$ 361.13$ 1/1/2026 12/31/2026 82.82$ 1.00% 182.30$ 273.55$ 364.74$ 1/1/2027 12/31/2027 83.65$ 1.00% 184.12$ 276.29$ 368.39$ 1/1/2028 12/31/2028 84.48$ 1.00% 185.96$ 279.05$ 372.07$ 1/1/2029 12/31/2029 85.33$ 1.00% 113.32$ 170.06$ 226.74$ 1/1/2025 12/31/2025 52.00$ 114.46$ 171.76$ 229.01$ 1/1/2026 12/31/2026 52.52$ 1.00% 115.60$ 173.47$ 231.30$ 1/1/2027 12/31/2027 53.05$ 1.00% 116.76$ 175.21$ 233.61$ 1/1/2028 12/31/2028 53.58$ 1.00% 117.93$ 176.96$ 235.95$ 1/1/2029 12/31/2029 54.11$ 1.00% 113.32$ 170.06$ 226.74$ 1/1/2025 12/31/2025 52.00$ 114.46$ 171.76$ 229.01$ 1/1/2026 12/31/2026 52.52$ 1.00% 115.60$ 173.47$ 231.30$ 1/1/2027 12/31/2027 53.05$ 1.00% 116.76$ 175.21$ 233.61$ 1/1/2028 12/31/2028 53.58$ 1.00% 117.93$ 176.96$ 235.95$ 1/1/2029 12/31/2029 54.11$ 1.00% 239.73$ 359.73$ 479.64$ 1/1/2025 12/31/2025 110.00$ 242.12$ 363.33$ 484.44$ 1/1/2026 12/31/2026 111.10$ 1.00% 244.54$ 366.96$ 489.28$ 1/1/2027 12/31/2027 112.21$ 1.00% 246.99$ 370.63$ 494.18$ 1/1/2028 12/31/2028 113.33$ 1.00% 249.46$ 374.34$ 499.12$ 1/1/2029 12/31/2029 114.47$ 1.00% 1. Names and classifications of consultant (key staff) team members listed. 2. Billing rate = actual hourly rate * (1 + ICR) * (1 + Fee). 3. For named employees enter the actual hourly rate. For classifications only, enter the average hourly rate for that classification. 4. Agreed upon billing rates valid through June 30, but are adjustable per the terms of the RFP when requested in writing 60 days prior to June 30th each year and will be considered with adequate justification for pricing escalations. Note: Denote all employees subject to prevailing wage with an asterisks (*) Public Outreach Office Engineer Scheduler Water/Wastewater Inspector SWPPP Inspector Specialty Inspectors Page 517 of 655 1450826.1 FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT This First Amendment to Consultant Services Agreement (“First Amendment”) is made and entered into as of June 16, 2026, by and between the City of Diamond Bar, a municipal corporation (“City”), and HR Green Pacific, Inc., a California corporation (herein referred to as the “Consultant”) with reference to the following: A. The City and the Consultant entered into that certain Consultant Services Agreement dated as of June 20, 2023, which is incorporated herein by this reference (the “Original Agreement”); and B. The City and the Consultant desire to amend the Original Agreement to modify, amend and supplement certain portions thereof. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Revised Term. This First Amendment shall take effect July 1, 2026, and shall continue until June 30, 2028, unless earlier terminated pursuant to the provisions of the Original Agreement. 3. Revised Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement was the sum of Sixty-Two Thousand Five Hundred Dollars and Zero Cents ($62,500.00). Section 3 of the Original Agreement is hereby amended to provide for an increase of Thirty-Seven Thousand Five Hundred Dollars and Zero Cents ($37,500.00) so that the total not-to-exceed compensation, as amended by this First Amendment shall not exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00) each Fiscal Year without the prior authorization of the City. 4 Integration. This First Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This First Amendment amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control. Page 518 of 655 IN WITNESS hereof, the parties enter into this First Amendment on the year and day first above written. “CONSULTANT” “CITY” HR Green Pacific, Inc. CITY OF DIAMOND BAR By: By: Printed Name: Daniel Fox, City Manager Title: By: ATTEST: Printed Name: Title: Kristina Santana, City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorney *NOTE: If Consultant is a corporation, the City requires the following signature(s): -- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. Tina M. York, PE Min Zhou, PE Regional Director Director of Civil Plan Check Page 519 of 655 Schedule of Fixed Hourly Rates Firm Name: HR Green Pacific, Inc. Job Title Hourly Billing Rate Prevailing Wage Rate Principal-In-Charge $350.00 Project Manager $300 - 350 QA/QC Manager $300 - 350 Municipal Services Manager $240 - 275 Civil Plan Check Manager $240 - 275 Senior Professional/Project Engineer $225 - 275 Traffic Engineer $275 - 310 Professional Engineer $225 - 275 Associate Engineer $175 - 200 Assistant Engineer $135 - 175 Environmental Associate (NPDES) $175 - 200 Senior Civil Plan Reviewer $225 - 275 Civil Plan Reviewer $135 - 200 Map Checker $135 - 225 Public Works Technician $100 - 125 Transportation Manager $175 - 275 Transportation Planner $175 - 275 CAD Designer/Operator $135 - 225 CASp Reviewer/Inspector $225 - 275 Management Analyst $135 - 200 Permit Technician $100 - 125 Construction Manager $175 - 250 Senior Construction/Public Works Inspector $175 - 210 $193 - 222 Construction/Public Works Inspector $125 - 175 $193 - 222 Administrative Assistant $100 - 125 Page 520 of 655 1450826.1 THIRD AMENDMENT TO CONSULTANT SERVICES AGREEMENT This Third Amendment to Consultant Services Agreement (“Third Amendment”) is made and entered into as of June 16, 2026, by and between the City of Diamond Bar, a municipal corporation (“City”), and LAE Associates, Inc., a California corporation (herein referred to as the “Consultant”) with reference to the following: A. The City and the Consultant entered into that certain Consultant Services Agreement dated as of June 20, 2023, which is incorporated herein by this reference (the “Original Agreement”); and B. The City and the Consultant entered into that First Amendment to the Original Agreement dated as of November 19, 2024, which is incorporated herein by this reference (the “First Amendment”), which First Amendment and Original Agreement collectively are referred to herein as (the “Agreement”); and C. The City and the Consultant entered into that Second Amendment to the Original Agreement dated as of November 4, 2025, which is incorporated herein by this reference (the “Second Amendment”), which, Second Amendment, First Amendment, and Original Agreement collectively are referred to herein as (the “Agreement”); and D. The City and the Consultant desire to amend the Agreement to modify, amend and supplement certain portions thereof. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Revised Term of Agreement. This Third Amendment shall take effect on June 16, 2026, and shall continue until June 30, 2028, unless earlier terminated pursuant to the provisions of the Original Agreement. 3. Revised Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement was the sum of One Hundred Thousand Dollars and Zero Cents ($100,000) per fiscal year. The First Amendment to the Agreement increased the not-to-exceed amount to One Hundred Seventy-Eight Thousand, One Hundred Fifty- Two Dollars and Zero Cents ($178,152.00) for the Fiscal Year 2024/25 only. After the end of the Fiscal Year and for Fiscal Year 2025/26, the not -to-exceed amount went back to ($100,000) per fiscal year. Page 521 of 655 1450826.1 The Second Amendment increased the not-to-exceed compensation by Four Hundred Ninety-Nine Thousand, Eight Hundred Seventy Dollars and Zero Cents ($499,870.00) so that, the annual not-to-exceed amount, as amended by the Second Amendment, shall not to exceed Five Hundred Ninety-Nine Thousand, Eight Hundred Seventy Dollars and Zero Cents ($599,870.00) for Fiscal Year 2025/26 without the prior authorization of the City. The added not-to-exceed amount of Four Hundred Ninety-Nine Thousand, Eight Hundred Seventy Dollars and Zero Cents ($499,870.00) for FY2025/26 will be used for the additional tasks specific to a capital improvement project as attached to the Second Amendment and will be carried over in future fiscal years until the aforementioned tasks are completed without amendment to the Agreement. This Third Amendment is to continue the on-call portion of the Agreement for Fiscal Years 2026/2027 and 2027/2028 with a not -to-exceed amount of One Hundred Thousand Dollars and Zero Cents ($100,000) per year that shall not increase without the prior authorization of the City. This One Hundred Thousand Dollars and Zero Cents ($100,000) per year will be separate from the remaining amount of the Four Hundred Ninety-Nine Thousand, Eight Hundred Seventy Dollars and Zero Cents ($499,870.00) authorization under the Second Amendment, which will carry over to future fiscal years per that Amendment. 4. Integration. This Third Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This Third Amendment amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Third Amendment and the terms and provisions of the Agreement, the terms and provisions of this Third Amendment shall control. Page 522 of 655 1450826.1 IN WITNESS hereof, the parties enter into this Third Amendment on the year and day first above written. “CONSULTANT” “CITY” LAE ASSOCIATES, INC. CITY OF DIAMOND BAR By: By: Printed Name: Daniel Fox, City Manager Title: By: ATTEST: Printed Name: Title: Kristina Santana, City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorney *NOTE: If Consultant is a corporation, the City requires the following signature(s): -- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. Page 523 of 655 City of Diamond Bar On-Call Civil Engineering and Landscape Architectural Services Page 1 of 1 Fee Schedule LAE’s hourly rates to perform the requested On-Call Civil Engineering and Landscape Architectural services will be in accordance with the hourly rates shown below. Team members will adhere to the needs of the City of Diamond Bar (City) to complete the requested tasks. July 1, 2026, through June 30, 2028 with a three percent (3%) escalation clause to be approved by City. 1 Will be adjusted per Department of Industrial Relations (DIR’s) future increases. 2 The stated overtime rate applies to up to four hours of overtime on weekdays and/or up to eight hours of overtime on Saturdays. Any hours worked beyond these limits are billed at the applicable Sunday/holiday rate. Role Hourly Rate Principal-In-Charge $250 Senior Civil Engineer (P.E.) $205 Senior Project/Construction Manager (P.E.) $205 Senior Project/Construction Manager $200 Project/Construction Manager (P.E.) $190 Project/Construction Manager $185 Senior Construction Observer/Inspector (Prevailing Wages) 1 $170 Senior Construction Observer/Inspector – Monday to Friday Overtime, Saturday Overtime (Prevailing Wages) 1, 2 $210 Senior Construction Observer/Inspector – Sunday, Holiday Overtime (Prevailing Wages) 1 $240 Senior Analyst $155 Office Engineer/Engineering Coordinator $140 Junior Engineer $110 Junior Engineering Technician $90 Administrative/Technical Assistant $90 Actual Mileage (will be adjusted per IRS guidelines) $0.725/Mile Other Direct Cost (printing, travel, etc.) Actual Page 524 of 655 1450826.1 SECOND AMENDMENT TO CONSULTANT SERVICES AGREEMENT This Second Amendment to Consultant Services Agreement (“Second Amendment”) is made and entered into as of June 16, 2026, by and between the City of Diamond Bar, a municipal corporation (“City”), and TAIT & Associates, Inc., a California corporation (herein referred to as the “Consultant”) with reference to the following: A. The City and the Consultant entered into that certain Consultant Services Agreement dated as of June 20, 2023, which is incorporated herein by this reference (the “Original Agreement”); and B. The City and the Consultant entered into that First Amendment to the Original Agreement dated as of November 7, 2023, which is incorporated herein by this reference (the “First Amendment”), which First Amendment and Original Agreement collectively are referred to herein as (“the Agreement”); and, C. The City and the Consultant desire to amend the Original Agreement to modify, amend and supplement certain portions thereof. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Revised Term. This Second Amendment shall take effect July 1, 2026, and shall continue until June 30, 2028, unless earlier terminated pursuant to the provisions of the Original Agreement. 3. Revised Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement was the sum of Fifty Thousand Dollars and Zero Cents ($50,000.00). Section 3 of the Original Agreement is hereby amended to provide for an increase of Fifty Thousand Dollars and Zero Cents ($50,000.00) so that the total not-to-exceed compensation, as amended by this Second Amendment shall not exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00) each Fiscal Year without the prior authorization of the City. 4 Integration. This Second Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This First Amendment amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall Page 525 of 655 remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control. IN WITNESS hereof, the parties enter into this First Amendment on the year and day first above written. “CONSULTANT” “CITY” TAIT & Associates, Inc. CITY OF DIAMOND BAR By: By: Printed Name: Daniel Fox, City Manager Title: By: ATTEST: Printed Name: Title: Kristina Santana, City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorney *NOTE: If Consultant is a corporation, the City requires the following signature(s): -- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. Jacob Vandervis Vice President, COO Page 526 of 655 1450826.1 FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT This First Amendment to Consultant Services Agreement (“First Amendment”) is made and entered into as of June 16, 2026, by and between the City of Diamond Bar, a municipal corporation (“City”), and John L. Hunter & Associates, Inc., a California corporation (herein referred to as the “Consultant”) with reference to the following: A. The City and the Consultant entered into that certain Consultant Services Agreement dated as of June 20, 2023, which is incorporated herein by this reference (the “Original Agreement”); and B. The City and the Consultant desire to amend the Original Agreement to modify, amend and supplement certain portions thereof. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Revised Term. This First Amendment shall take effect July 1, 2026, and shall continue until June 30, 2028, unless earlier terminated pursuant to the provisions of the Original Agreement. 3. Revised Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement was the sum of Seventy-Four Thousand Seven Hundred and Seventy Dollars and Zero Cents ($74,770.00). Section 3 of the Original Agreement is hereby amended to provide for an increase of Twenty-Five Thousand Two Hundred Thirty Dollars and Zero Cents ($25,230.00) so that the total not-to-exceed compensation, as amended by this First Amendment shall not exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00) each Fiscal Year without the prior authorization of the City. 4 Integration. This First Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This First Amendment amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control. Page 527 of 655 IN WITNESS hereof, the parties enter into this First Amendment on the year and day first above written. “CONSULTANT” “CITY” John L. Hunter & Associates, Inc. CITY OF DIAMOND BAR By: By: Printed Name: Daniel Fox, City Manager Title: By: ATTEST: Printed Name: Title: Kristina Santana, City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorney *NOTE: If Consultant is a corporation, the City requires the following signature(s): -- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. By: Q..,.., ~ ~ Printed Name: ~ ... c...\\~ Trtfe: \J; '-L-l7c,s, c-\1.~ . Page 528 of 655 John L. Hunter and Associates 6/8/2026 Fee Schedule Company title Rate ($/hr) Principal $239 Director $226 Senior Program Manager $213 Program Manager, Senior Engineer $199 Assistant Program Manager, Engineer $178 Lead Specialist, Lead Analyst $168 Senior Specialist, Senior Analyst $157 Specialist II, Analyst II $146 Specialist I, Analyst I $135 Administrative Assistant or Laborer $88 The fee schedule is subject to annual consumer price index (CPI) increases. Page 529 of 655 Agenda Item #: 6.23 Meeting Date: June 16, 2026 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager SUBJECT: Consultant Services Agreement with Prince Global Solutions, LLC. STRATEGIC GOAL: Open, Engaged and Responsive Government RECOMMENDATION: Approve, and authorize the City Manager to sign, the Consulting Services Agreement with Prince Global Solutions, LLC for Federal Advocacy Services through June 30, 2027. FINANCIAL IMPACT: The total not-to-exceed amount of the Consultant Services Agreement is $50,500. The amount is based on a monthly retainer of $4,000 plus up to $2,500 in direct expenses. The Fiscal Year 2026/27 Operating Budget includes sufficient funds for such services. BACKGROUND: Prince Global Services, LLC, (PGS) has been providing Federal advocacy services directly to the City since 2017. The main focus of the Consultant's services has been on the City's efforts in collaboration with the local, regional, and federal partners to secure funds and support for the State Route SR-57/SR-60 Confluence Project (Project). Over the years, the City has been actively pursuing funding opportunities to expedite the Project delivery to ensure that the Project progresses without a suspension. These efforts led to the successful completion of the construction of Phases I and II of the Project, the design of Phase III, and filling the funding gap of the Phase III construction. Now that Phase III of the Project is fully funded, and the construction work has commenced, the City will consider focusing on the missing Westbound SR-60 Direct Connector to the Grand Avenue component (WB Connector). The WB Connector was recommended by the 2017 SR-57/SR-60 Confluence Project Supplemental Needs Study (Study). The Study was supported by the City and other local and regional agencies and implemented by the Southern California Association of Governments (SCAG). Additionally, the City is actively pursuing federal funding opportunities for a variety of projects with support from PGS. Most recently, PGS worked closely with Public Works staff to prepare a Fiscal Year 2027 Community Project Funding request for the Diamond Bar Civic Center Energy Resiliency Project. The application seeks $1.2 million in federal funding through Congresswoman Linda Sánchez's office. While there is no guarantee of funding, the request was accepted and referred to the House Appropriations Committee for consideration as part of the FY 2027 appropriations process. Page 530 of 655 Agenda Item #: 6.23 Meeting Date: June 16, 2026 ANALYSIS: On June 17, 2025, the City Council approved an agreement with the Consultant for Federal advocacy services. That agreement is set to expire on June 30, 2025. As a continuation of the advocacy work and consistent with the City's 2024-2027 Strategic Plan, PGS submitted a proposal in response to the City's request (Exhibit "A"). The Consultant's proposed scope of work for the Fiscal Year 2026/27 includes, but is not limited to, the following: 1. Work closely with the San Gabriel Valley Congressional delegation, Senate and House Committee staff, Federal Agency officials, and relevant stakeholder groups on matters that support the City’s Federal priorities. 2. Facilitate requests for Congressional earmarks to support City infrastructure projects, such as parks and community centers. 3. Support future City applications for funding from the Department of Transportation (DOT) and other agency discretionary grant programs; 4. As necessary and requested, continue advocating for the 57/60 Confluence Project before Congress and the Department of Transportation (DOT), as the Project's mainline improvements are underway and the City, LA Metro and the City of Industry are not currently pursuing Federal funding or policy initiatives for the Project. Whenever it becomes necessary, PGS will pursue any Federal funding or policy initiatives in support of the Project as directed by Diamond Bar; 5. Monitor and engage pertinent Congressional consideration of legislation that is of interest to the City; 6. Continue advocating for other policy measures and legislation that will assist the City in securing Federal funding to support local priorities; 7. Consider and monitor other legislation, regulations, and agency actions that would benefit or affect the City; 8. Consider and coordinate Congressional and DOT site visits to the City and otherwise as appropriate; and 9. Plan and coordinate the City’s visits to Washington D.C. as directed and recommend other visits when appropriate. LEGAL REVIEW: The City Attorney has reviewed and approved the Agreement as to form. PREPARED BY: Nicholas Delgado, Management Analyst, Public Works ATTACHMENTS: 1. Agreement with PGS Page 531 of 655 1 Professional Services – Non Design 1450836.1 CONSULTANT SERVICES AGREEMENT [Non-Design Professionals] THIS AGREEMENT (the "Agreement") is made as of June 16, 2026 by and between the City of Diamond Bar, a municipal corporation ("City") and Prince Global Solutions, LLC, a California limited liability company ("Consultant"). 1. Consultant's Services. Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the Federal Advocacy Services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. David G. Liu, Public Works Director/City Engineer (herein referred to as the “City’s Project Manager”), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City’s Project Manager to the extent required by the City’s Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City’s Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect July 1, 2026, and shall continue until June 30, 2027 ("Term"), unless earlier terminated pursuant to the provisions herein. 3. Compensation. A. City agrees to compensate Consultant for services which Consultant performs to the satisfaction of the City in compliance with the scope of services set forth in Exhibit “A”. B. The City shall pay Consultant a retainer in monthly increments of Four Thousand Dollars and Zero Cents ($4,000.00). C. Total payment to Consultant pursuant to this Agreement shall not exceed Fifty Thousand Five Hundred Dollars and Zero Cents ($50,500.00) without prior written consent of the City. This amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel, and all related expenses. D. Notwithstanding the above, if the City requests Consultant to travel, Consultant shall, upon submission of receipts evidencing the costs incurred, be paid for necessary and reasonable travel expenses in an amount not to exceed Two Thousand Five Hundred Dollars and Zero Cents ($2,500.00). Page 532 of 655 2 Professional Services – Non Design 1450836.1 4. Payment. A. Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. Payment will be made only after submission of proper invoices. D. City will pay Consultant the amount properly invoiced within 30 days of receipt, which sum shall be paid within 30 days of completion of the work. E. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time , if any, and adjustment of the fee to be paid by City to Consultant. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. 7. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent , except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. Page 533 of 655 3 Professional Services – Non Design 1450836.1 C. Consultant shall fully comply with Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws. D. Consultant shall, at Consultant’s sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Consultant’s failure to comply with this Section. 8. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Workers’ Compensation Act and other employee benefit acts with respect to Consultant’s employees or Consultant’s contractor’s employees arising out of Consultant’s work under this Agreement; and (2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Consultant’s legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that Page 534 of 655 4 Professional Services – Non Design 1450836.1 the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third party indemnification rights of any kind. (3) The Consultant's obligations to indemnify, defend and hold harmless the City shall survive termination of this Agreement. 10. Insurance. A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) automotive liability insurance written on an occurrence basis covering all owned, non-owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; and (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only . C. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) days prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and shall be issued by an insurance company which is Page 535 of 655 5 Professional Services – Non Design 1450836.1 authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A -, VII. E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Consultant fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant. I. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. Page 536 of 655 6 Professional Services – Non Design 1450836.1 12. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 14. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 15. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 16. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Page 537 of 655 7 Professional Services – Non Design 1450836.1 Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. 17. Non-Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. 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. C. 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. 18. Time of Completion. Consultant agrees to commence the work provided for in this Agreement within (5) days of being notified by the City to proceed and to diligently prosecute completion of the work during the term. 19. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 20. RESERVED. 21. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Consultant’s control. If Consultant believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Consultant be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. Page 538 of 655 8 Professional Services – Non Design 1450836.1 22. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 23. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 24. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. 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. 25. RESERVED. 26. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 27. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. “CONSULTANT” “CITY” Prince Global Solutions, LLC City of Diamond Bar P.O. Box 711572 21810 Copley Drive Herndon, VA 20171 Diamond Bar, CA 91765-4178 Attn.: Kevin D. Jones Attn.: Dan Fox, City Manager Phone: (202) 550-9800 Phone: (909) 839-7010 E-mail: Kevin@princeglobalsolutions.com E-mail: DFox@diamondbarca.gov Page 539 of 655 9 Professional Services – Non Design 1450836.1 28. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. The venue for any action brought under this Agreement shall be in Los Angeles County. 29. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 30. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Consultant" "City" Prince Global Solutions, LLC CITY OF DIAMOND BAR By: ______ By: Printed Name: Dan Fox, City Manager Title: By: ATTEST: Printed Name: Title: Kristina Santana, City Clerk Approved as to form: By: Omar Sandoval, City Attorney *NOTE: If Consultant is a corporation, the City requires the following signature(s): -- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR Page 540 of 655 10 Professional Services – Non Design 1450836.1 -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. Page 541 of 655 Agenda Item #: 6.24 Meeting Date: June 16, 2026 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager SUBJECT: First Amendment to Maintenance Services Agreement with Weatherproofing Technologies, Inc. for Maintenance Services through June 30, 2029. STRATEGIC GOAL: Safe, Sustainable and Healthy Community RECOMMENDATION: Approve, and authorize the City Manager to sign, the First Amendment to the Maintenance Services Agreement with Weatherproofing Technologies, Inc., through June 30, 2029. FINANCIAL IMPACT: The annual not-to-exceed amount of the proposed First Amendment to the Original Agreement will be $24,000 per Fiscal Year. Sufficient funds are included in the Fiscal Year 2026/27 Operating Budget to cover the cost of such services. No CPI was requested for this fiscal year. BACKGROUND: Over the past years, Weatherproofing Technologies, Inc. performance has met the City’s expectations. This satisfactory performance is evident in the condition of the roofs throughout the City facilities and in the success of the City’s roofing capital improvement projects. As part of the contract, Weatherproofing Technologies, Inc. has provided the City with annual roof inspections and repairs at all the City's facilities, 24/7 leak response service, plans and specifications, project inspection services, and warranty management. ANALYSIS: This First Amendment will continue the comprehensive and proactive roof maintenance program, along with excellent services provided by Weatherproofing Technologies, Inc. Page 542 of 655 Agenda Item #: 6.24 Meeting Date: June 16, 2026 LEGAL REVIEW: The City Attorney has reviewed and approved the First Amendment as to form. PREPARED BY: Jason Williams, Maintenance Supervisor, Public Works ATTACHMENTS: 1. Amendment to Maintenance Services Agreement Weatherproofing Technologies, Inc. Page 543 of 655 Page 544 of 655 Page 545 of 655 Agenda Item #: 7.1 Meeting Date: June 16, 2026 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager SUBJECT: Levying Assessments on Landscape Assessment District No. 38 for Fiscal Year 2026/27. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: A. Receive presentation, open Public Hearing to receive testimony, close Public Hearing; and, B. Adopt Resolution No. 2026-25 to levy and collect assessments for Landscape Assessment District No. 38 for Fiscal Year 2026/27. FINANCIAL IMPACT: The District is projected to generate approximately $277,290. In addition, the City’s General Fund will contribute 9.53% to meet the required General Benefit. However, there will be a shortfall between the total revenue generated and the District's estimated expenditures, necessitating an additional contribution from the General Fund. Overall, the contribution from the General Fund is estimated at $88,378. Sufficient funding is included in the FY2026/27 Budget. BACKGROUND: As part of the assessment district updates, the City must undergo a three-step process. This is the final part of the process, where the City Council conducts a public hearing on the District’s proposed annual assessments, after which the Council will consider the related resolution confirming the levy assessments. Throughout the entire process, all proceedings for the maintenance of improvements have been pursuant to the provisions of the Landscape and Lighting Act of 1972 of Part 2 Division 15 of the Streets and Highways Code of the State of California and applicable provisions of Proposition 218, Article 10 XIIID of the California Constitution. On April 7, 2026, the City Council adopted Resolution No. 2026-08, ordering the City Engineer to prepare and file an Engineer's Report related to maintenance of improvements in Landscaping Assessment District No. 38 (District) and any assessment thereon for Fiscal Year 2026/27. On May 19, 2026, the City Council adopted Resolution No. 2026-11, declaring the City's intention to levy and collect assessments for the District and directing staff to advertise the Public Hearing to be set for the June 16, 2026, regular meeting. Page 546 of 655 Agenda Item #: 7.1 Meeting Date: June 16, 2026 ANALYSIS: The attached Engineer’s Report for the City’s Landscaping Assessment District Number 38 (Attachment 2), which has been prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, includes authority for the report, estimated costs of improvements, a diagram for the District and the assessments. The number of parcels within the District is 18,486 parcels. The amount assessed upon the lands within District Number 38 for Fiscal Year 2025/26 was $15.00 per parcel. The amount to be assessed for Fiscal Year 2026/27 is to remain at $15.00 per parcel. The assessments will be utilized to maintain the City’s medians and parkways. The proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in section 5 (a): Any assessment imposed exclusively to finance the capital costs or maintenance and operating expenses for sidewalks, streets, sewers, water, flood control drainage systems, or vector control. LEGAL REVIEW: The City Attorney has reviewed and approved the Resolution as to form. PREPARED BY: Nicholas Delgado, Management Analyst, Public Works ATTACHMENTS: 1. Resolution No. 2026-25 2. LAD No. 38 Final Engineer's Report Page 547 of 655 RESOLUTION NO. 2026-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE CONTINUATION OF THE LEVY AND COLLECTION OF ASSESSMENTS FOR CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 FOR FISCAL YEAR 2026-27. WHEREAS, by Resolution No. 2026-11, the City Council approved the Engineer’s Report (“Report”) of the Engineer of Work related to City of Diamond Bar Landscaping Assessment District No. 38 (“District”) prepared pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§ 22500, et seq.), known as the Landscaping and Lighting Act of 1972 (“Act”), which described the improvements thereon, and gave notice of and fixed the time and place of the public hearing on the question of assessment thereon for fiscal year 2026-27. A diagram of the area encompassed by the District is attached hereto as Exhibit A; and WHEREAS, the Report is on file with the City Clerk of the City of Diamond Bar; and WHEREAS, said hearing was duly and properly noticed, commenced in the SCAQMD Auditorium located at 21865 Copley Drive, Diamond Bar, California on June 16, 2026, and was concluded prior to the adoption of this Resolution; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Diamond Bar as follows: Section 1. The Recitals of this Resolution are in all respects true and correct. Section 2. The City Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied, therefore. Section 3. Based upon its review of the Report, and other reports and information, the City Council hereby finds that (i) the land within the District will be benefitted by the improvements specified in said Report, (ii) the District includes all of the lands so benefitted, and (iii) the net amount to be assessed upon the lands within the District for the fiscal year 2026-27 fiscal year, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. Section 4. The improvements specified in the Report are hereby ordered to be completed. Page 548 of 655 Resolution No. 2026-25 2 Section 5. The assessment diagram contained in the Report and the assessment of $15.00 for each assessable lot located within said District are hereby adopted and confirmed and said assessment is hereby levied for the fiscal year 2026-27. Section 6. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in the Report for fiscal year 2026-27. Section 7. The City Council hereby certifies that the assessments to be placed on the 2026-27 property tax bills meet the requirements of Proposition 218 that added Articles XIIIC and XIIID to the California Constitution. Section 8. The assessments are levied without regard to property valuation. Section 9. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for use in City of Diamond Bar Landscaping Assessment District No. 38. Section 10. The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. Section 11. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. Section 12. The City Clerk shall certify to the adoption of this Resolution. PASSED, ADOPTED AND APPROVED this 16th day of June 2026. CITY OF DIAMOND BAR _______ Steve Tye, Mayor [Signatures continued on the following page] Page 549 of 655 Resolution No. 2026-25 3 ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the 16th day of June 2026, by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: _______ Kristina Santana, City Clerk Page 550 of 655 Resolution No. 2026-25 4 Exhibit A Page 551 of 655 Fiscal Year 2026/27 Engineer’s Report For: Landscaping Assessment District No. 38 May 2026 Page 552 of 655 TABLE OF CONTENTS 1. Engineer’s Letter ............................................................................................................. 1 2. Introduction ................................................................................................................... 2 2.1 Background .............................................................................................................. 2 2.2 Process for Annual Assessment .............................................................................. 2 2.3 Legislative Context .................................................................................................. 3 3. Plans and Specifications .................................................................................................. 6 4. Estimate of Costs ............................................................................................................ 8 4.1 District Budget ......................................................................................................... 8 4.2 Balance to Levy ........................................................................................................ 8 5. Method of Apportionment............................................................................................ 10 5.1 Special Benefit ....................................................................................................... 10 5.2 General Versus Special Benefit ............................................................................. 12 5.3 Quantification of General Benefit ......................................................................... 13 5.4 Method of Assessment.......................................................................................... 16 5.5 Annual Assessment Calculation ............................................................................ 16 5.6 Duration of Assessment ........................................................................................ 16 5.7 Appeals and Interpretation ................................................................................... 17 6. Assessment Diagram ..................................................................................................... 18 7. Assessment Roll ............................................................................................................ 19 Page 553 of 655 Page 554 of 655 City of Diamond Bar Landscaping Assessment District No. 38 - Fiscal Year 2026/27 Engineer’s Report 2 2. INTRODUCTION 2.1 Background The City services and maintains perimeter and median landscaping, and other improvements (the “Improvements”) to various parts of the City. In order to fund the maintenance and operation (the “Services”) of these improvements, the District was formed in 1984 by the County of Los Angeles prior to the incorporation of the City of Diamond Bar. Upon incorporation in 1989, the City assumed jurisdiction over the District. This Engineer’s Report (the "Report") was prepared to establish the budget for the Improvements (as described below) that will be funded by the Fiscal Year 2026/27 assessments and other revenue, and to determine the general and special benefits received from the Improvements by property within the District and the method of assessment apportionment to lots and parcels. This Report and the assessments have been made pursuant to Part 2 of Division 15 of the California Streets and Highways Code, commonly known as the Landscape and Lighting Act of 1972, and Article XIII D. 2.2 Process for Annual Assessment As required by the procedures specified in the Act, an Engineer’s Report must be prepared on an annual basis which contains a full and detailed description of the improvements, the boundaries of the assessment district, and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the assessment district. The City Council must also annually adopt a Resolution of Intention which: • Declares the intention of the City Council to levy and collect assessments within the assessment district for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the assessment district by its distinctive designation and indicates the general location of the assessment district. • Refers to the report of the engineer, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the assessment district. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment allowed, the City Clerk shall give notice of the public hearing by causing the Resolution of Intention to be published. Any interested person may, prior to the conclusion of the public hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including changes in the Page 555 of 655 City of Diamond Bar Landscaping Assessment District No. 38 - Fiscal Year 2026/27 Engineer’s Report 3 improvements, any zones within the assessment district, and the proposed diagram or the proposed assessment. If the assessment to be levied exceeds the maximum assessment allowed, the City must comply with the procedures specified in Article XIII D and Proposition 218. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the report. If confirmed, the assessments would be submitted to the County Auditor Controller for inclusion on the property tax roll. Beginning in 2025, NBS became the Assessment Engineer for the District. To maintain an accurate reference and legally defensible record of the District, pertinent language used in previous engineer’s reports has been retained herein and is cited with footnotes, as appropriate. 2.3 Legislative Context In 1996, California Voters adopted Proposition 218, the “Right to Vote on Taxes Act” which added Articles XIII C and XIII D to the California Constitution. Article XIII D imposes certain substantive and procedural requirements on any agency that wishes to levy special assessments. Article XIII D imposes four basic substantive requirements on assessments1: • All parcels that will have a special benefit conferred upon them and upon which an assessment will be imposed must be identified; • The general benefits must be distinguished from the special benefits conferred on the parcels; • The proportionate special benefit derived by each parcel must be determined in relationship to the entirety of the capital improvement, the maintenance and operation expenses of the public improvement, or the cost of the property related service being provided; and • The amount assessed to a parcel must not exceed the reasonable cost of the proportional special benefit conferred on that parcel and does not include any costs attributable to the general benefit. Since the initial passage of Proposition 218, several court rulings have helped provide context and direction on the practical implementation procedures and requirements for levying assessments. Several of the key concepts from these rulings are summarized below. GENERAL BENEFIT Article XIII D requires an agency to separate the general benefits from the special benefits conferred because only special benefits are assessable. The Court of Appeal in Golden Hills Neighborhood Assn., Inc. v. City of San Diego (2011)2 clarified this concept by stating, “Separation and quantification of general and special benefits must be accomplished by apportioning the cost of a service or improvement between the two and assessing property owners only for the portion of the cost representing special benefits.” 1 California Constitution Article XIII D Section 4. 2 Golden Hill Neighborhood Assn. v. City of San Diego CA4/1, D062203 (Cal. Ct. App. 2013) Page 556 of 655 City of Diamond Bar Landscaping Assessment District No. 38 - Fiscal Year 2026/27 Engineer’s Report 4 The Court of Appeal in Beutz v. County of Riverside (2010) (“Beutz”)3 quoted from the Legislative Analyst’s Office pamphlet titled “Understanding Proposition 218” which states an agency must, “estimate the amount of special benefit landowners would receive from the project or service, as well as the amount of ‘general benefit.’ This step is needed because Proposition 218 allows local government to recoup from assessments only the proportionate share of cost to provide the special benefit.” The Court in Beutz furthered this idea stating, “Separating the general from the special benefits of a public improvement project and estimating the quantity of each in relation to the other is essential if an assessment is to be limited to the special benefits.” The Court of Appeal in Silicon Valley Taxpayers' Association Incorporated v. Santa Clara County Open Space Authority (2008) (“SVTA”) 4 clarified that general benefits are not restricted to benefits conferred only on persons and property outside the assessment district but can include benefits both conferred on real property located in the district or to the public at large. The “public at large” includes all members of the public, including those who live, work, and shop within the district, and not simply transient visitors. BENEFIT-BASED NOT COST-BASED In Bonander v. Town of Tiburon (2009) (“Tiburon”)5, the Court of Appeal clarified the idea that assessments must be apportioned based upon benefit rather than cost. The Court stated, “proportionate special benefit is the basis upon which a project’s total assessable costs are apportioned among parcels within an assessment district.” The assessment on a particular property cannot be based on the relative cost of the improvements, but rather the special benefit conferred on such property. The Court in Tiburon also stated, “an assessment represents the entirety of the cost of the improvement or property-related service, less any amount attributable to general benefits (which may not be assessed), allocated to individual properties in proportion to the relative special benefit conferred on the property.” PUBLIC PROPERTY Section 4, Subdivision (a) of Article XIII D states, in part, “Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit.” Historically there had been differing opinions about whether this requirement that publicly owned property should not be exempt actually meant those properties must be assessed. The Court of Appeal in Manteca Unified School District v. Reclamation District No. 17 et al (2017)6 clarified this issue by stating, “Section 4, Subdivision (a) of Article XIII D of the California Constitution unambiguously conditions any continuing benefit assessment exemption on a showing by clear and convincing evidence of no special benefit.” 3 Beutz v. County of Riverside, 109 Cal. Rptr. 3d 851 (Cal. Ct. App. 2010) 4 Silicon Valley Taxpayers' Association Incorporated v. Santa Clara County Open Space Authority, 44 Cal. 4th 431 (2008). 5 Bonander v. Town of Tiburon, 147 Cal. App. 4th 1116 (Cal. Ct. App. 2007) 6 Manteca Unified School District v. Reclamation District No. 17 et al, C077906 (Cal. Ct. App. 2017) Page 557 of 655 City of Diamond Bar Landscaping Assessment District No. 38 - Fiscal Year 2026/27 Engineer’s Report 5 IMPRECISION The Court in Tiburon acknowledged the difficulty of trying to precisely assign and measure special benefit, stating, “Any attempt to classify special benefits conferred on particular properties and to assign relative weights to those benefits will necessarily involve some degree of imprecision.” The Court in Tiburon went on to say that a formula assigning equal weight to different special benefits “may be a legally justifiable approach to measuring and apportioning special benefits, [but] it is not necessarily the only valid approach. Whichever approach is taken to measuring and apportioning special benefits, however, it must be both defensible and consistently applied.” Page 558 of 655 City of Diamond Bar Landscaping Assessment District No. 38 - Fiscal Year 2026/27 Engineer’s Report 6 3. PLANS AND SPECIFICATIONS The work and improvements proposed to be undertaken by the City and the cost thereof paid from the levy of the annual assessment provide special benefit to assessor parcels within the District defined in the Method of Assessment herein. Consistent with the Act, the improvements are generally described as follows: MEDIANS The landscaped islands to be maintained by the District are located as follows: • Diamond Bar Blvd • Grand Ave • Golden Springs Dr – 57 freeway overcrossing to West City Limits • Golden Prados Dr – Golden Springs Dr to Hopi St • Tin Dr – Great Bend Dr to Diamond Bar Blvd • Lemon Ave – Lycoming St to Golden Springs Dr • Sunset Crossing Rd – 57 freeway off-ramp to Prospectors Rd • Prospectors Rd – at Dry Creek Rd; at Palo Cedro Dr; and at Beaverhead Dr • Pathfinder Rd at Brea Canyon Rd (east of 57 freeway) PARKWAYS The landscaped parkways to be maintained by the District are located as follows: • Grand Ave – Summit Ridge to Diamond Bar Blvd, north side • Temple Ave – Diamond Bar Blvd to Golden Springs Dr, south side • Golden Springs Dr – Ballena Dr to End of cul-de-sac • Golden Springs Dr – El Encino Dr to Platina Dr • Golden Springs Dr – Rancheria Rd to end of cul-de-sac • Diamond Bar Blvd – Mountain Laurel Way to Maple Hill Rd • Pathfinder Rd – Evergreen Springs Dr to end of cul-de-sac • Brea Canyon Rd – at Gerndal St • Golden Springs Dr – at Adel Ave • Brea Canyon Rd – South of Pathfinder Rd to southerly City Limits, both sides • Sunset Crossing Rd – Big Falls Dr to Chapparal Dr Page 559 of 655 City of Diamond Bar Landscaping Assessment District No. 38 - Fiscal Year 2026/27 Engineer’s Report 7 TURF AREAS The landscaped turf areas to be maintained by the District are located as follows: • Diamond Bar Blvd – at Gold Rush Dr • Grand Ave (east side) – from south of Rolling Knoll Dr to driveway at the Diamond • Bar Center Installation, maintenance, and servicing of Improvements, may include, but are not limited to, turf and play areas, landscaping, ground cover, shrubs and trees, irrigation systems, lighting, fencing, entry monuments, graffiti removal and repainting, labor, materials, supplies, utilities and equipment, as applicable, at each of the locations owned, operated or maintained by the District. Installation - means the construction of Improvements, including, but not limited to, land preparation (such as grading, leveling, cutting and filling), sod, landscaping, irrigation systems, walkways, drainage, and lights. Maintenance - means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including repair, removal, or replacement of all or part of any improvement; providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste; the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. Servicing - means the furnishing of electric current, or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements, or water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Incidental expenses include all of the following: (a) The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment; (b) the costs of printing, advertising, and the giving of published, posted, and mailed notices; (c) compensation payable to the County for collection of assessments; (d) compensation of any engineer or attorney employed to render services in proceedings pursuant to this part; (e) any other expenses incidental to the construction, installation, or maintenance and servicing of the Improvements; (f) any expenses incidental to the issuance of bonds or notes pursuant to Streets & Highways Code Section 22662.5; and (g) costs associated with any elections held for the approval of a new or increased assessment (according to Streets & Highways Code §22526). Modifications to the District structure could include, but are not limited to, substantial changes or expansion of the Improvements provided, substantial changes in the service provided, modifications or restructuring of the District including annexation or detachment of specific parcels, revisions in the method of apportionment, or proposed new or increased assessments. The assessment proceeds will be exclusively used for Improvements within the District plus incidental expenses. Page 560 of 655 City of Diamond Bar Landscaping Assessment District No. 38 - Fiscal Year 2026/27 Engineer’s Report 8 4. ESTIMATE OF COSTS 4.1 District Budget Fiscal Year 2026/27 estimated costs of maintenance and servicing the Improvements as described in the Plans and Specifications of this Report are summarized below. Description Proposed FY 2026/27 Costs Salaries & Benefits (subsidized by General Fund) $57,746 Advertising 3,000 Utilities 102,800 Maintenance of Grounds/Buildings 30,000 Professional Services 7,500 Landscape Maintenance 150,000 Tree Maintenance 10,000 Total Estimated Expenditures $361,046 Contributions from Other Sources (1) (83,756) Fiscal Year 2026/27 Net Amount to be Assessed (2) $277,290 (1) Includes City General Fund contribution. (2) The net available funds, after incidental, administrative, financing, and other costs shall be expended exclusively for Improvements within the boundaries of the District or as described herein, and appropriate incidental and administrative costs as defined in the Plans and Specifications section. A list containing the Fiscal Year 2026/27 assessment and number of parcels proposed to be assessed is included in Section 7 of this Report. 4.2 Balance to Levy The following table shows the total costs, additional revenues and contributions, and the Balance to Levy for Fiscal Year 2026/27. Description Amount Salaries & Benefits $57,746 Operating Expenses & Services 303,300 Total District Costs $361,046 Contribution to (from) Operational Reserves 0 Other Revenue Sources (1) (83,756) Balance to Levy $277,290 (1) Includes City General Fund contribution. Page 561 of 655 City of Diamond Bar Landscaping Assessment District No. 38 - Fiscal Year 2026/27 Engineer’s Report 9 Total District Costs - Includes the personnel services, maintenance, and operations, capital (including capital replacement costs), indirect costs, and equipment. Contribution to (from) Operational Reserves - The operational reserves item provides funds to operate the District from the time period of July 1 (beginning of the fiscal year) through January when the County provides the City with the first installment of assessments collected from the property tax bills. This eliminates the need for the City to transfer funds from non-District accounts to pay for District charges during the first half of the fiscal year. Negative amounts shown here are transfers that are used to reduce the Balance to Levy. Other Revenue Sources - The amount of additional funds designated for use by the District that are not from District assessments. These funds are added to the District account to reduce assessments and may be from either non-District sources including City General Fund contributions or District sources including interest earnings. Balance to Levy - The total amount to be levied and collected through assessments for the current fiscal year. The Balance to Levy represents the sum of the total direct and administration costs, reserves, contributions, and other revenue sources. Page 562 of 655 City of Diamond Bar Landscaping Assessment District No. 38 - Fiscal Year 2026/27 Engineer’s Report 10 5. METHOD OF APPORTIONMENT The following section includes an explanation of the benefits to be derived from the Improvements throughout the District, as well as a description of the assessment methodology used to apportion the total assessment to properties within the District. The Fiscal Year 2024/25 Engineer’s Report was prepared by a different engineer of record and specific language from the Fiscal Year 2024/25 Engineer’s Report 7 has been referenced to describe the Method of Apportionment within the following section of this Report. The District consists of all assessor parcels within the boundaries as defined by the Assessment Diagram included with this Report. Further, all assessor parcels, including all privately and publicly owned parcels, are identified by Assessor Parcel Numbers listed within the included assessment roll. The method used for apportioning the assessment is based on the proportional special benefits to be derived by the properties in the District over and above general benefits conferred on real property or to the public at large. The assessment is apportioned to the parcels in proportion to the relative special benefit from the Improvements. The apportionment of special benefit is a two-step process: the first step is to identify the types of special benefit arising from the improvements, and the second step is to allocate the assessments to property based on the estimated relative special benefit for each type of property. 5.1 Special Benefit The improvements are expected to confer certain special benefits to the parcels within the District. Pursuant to the Prior Engineer’s Report, the special benefit conferred to parcels is more fully described as follows: The following benefit categories summarize the types of special benefit to residential, commercial, industrial, and other lots and parcels resulting from the Improvements to be provided with the assessment proceeds. These types of special benefit are summarized as follows: A. Proximity to Improved Landscaped Areas and Other Public Improvements within the District. B. Access to Improved landscaped areas and Other Public Improvements within the District. C. Improved Views within the District. D. Extension of a property’s outdoor areas and green spaces for properties within close proximity to the Improvements. The SVTA decision provides enhanced clarity to the definitions of special benefits from landscaping and parks to properties in three distinct areas: proximity, expanded or 7 Method of Apportionment and subsections as detailed in the Fiscal Year 2024/25 Engineer’s Report, City of Diamond Bar, Landscaping Assessment District No. 38, dated July 2024 and approved by City Council on June 18, 2024 (“Prior Engineer’s Report”). Page 563 of 655 City of Diamond Bar Landscaping Assessment District No. 38 - Fiscal Year 2026/27 Engineer’s Report 11 improved access, and views. The SVTA decision also clarifies that a special benefit is a service or improvement that provides a direct advantage to a parcel and that indirect or derivative advantages resulting from the overall public benefits from a service or improvement are general benefits. The SVTA decision also provides specific guidance that setback landscaping is a direct advantage and special benefit to property that is proximate to a landscaped area that is improved by an assessment: The characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement (e.g. proximity to a park) or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement (e.g. general enhancement of the district’s property values). Proximity, improved access and views, in addition to the other special benefits listed herein further strengthen the basis of these assessments. 8 Pursuant to the Prior Engineer’s Report, the primary special benefits on landscaping are as set forth below: 1. Beautification of the streets which are used by all of the residents in Diamond Bar. 2. A sense of community pride resulting from well-maintained green spaces. 3. The enhancement of the value of property, which results from the foregoing benefits. In addition, the following special benefits are identified in the Prior Engineer’s Report: PROXIMITY TO IMPROVED LANDSCAPED AREAS WITHIN THE DISTRICT Only the specific properties within close proximity to the Improvements are included in the District. The District has been narrowly drawn to include the properties that receive special benefits from the Improvements. Therefore, property in the District enjoys unique and valuable proximity and access to the Improvements that the public at large and property outside the District do not share. In absence of the assessments, the Improvements would not be provided, and the public improvements funded in the District would be degraded due to insufficient funding for maintenance, upkeep and repair. Therefore, the assessments provide Improvements that are over and above what otherwise would be provided. Improvements that are over and above what otherwise would be provided do not by themselves translate into special benefits but when combined with the unique proximity and access enjoyed by parcels in the District, they provide a direct advantage and special benefit to property in the District. ACCESS TO IMPROVED LANDSCAPED AREAS WITHIN THE DISTRICT Since the parcels in the District are nearly the only parcels that enjoy close access to the Improvements, they directly benefit from the unique close access to improved landscaping areas and other public improvements that are provided by the assessments. This is a direct advantage and special benefit to property in the District. 8 Method of Apportionment and subsections as detailed in the Fiscal Year 2024/25 Engineer’s Report, City of Diamond Bar, Landscaping Assessment District No. 38, dated July 2024 and approved by City Council on June 18, 2024 (“Prior Engineer’s Report”). Page 564 of 655 City of Diamond Bar Landscaping Assessment District No. 38 - Fiscal Year 2026/27 Engineer’s Report 12 IMPROVED VIEWS WITHIN THE DISTRICT The City, by maintaining permanent public improvements funded by the assessments in the District, provides improved views to properties in the District. The properties in the District enjoy close and unique proximity, access and views of the specific Improvements funded in the District; therefore, the improved and protected views provided by the assessments are another direct and tangible advantage that is uniquely conferred upon property in the District. EXTENSION OF A PROPERTY’S OUTDOOR AREAS AND GREEN SPACES FOR PROPERTIES WITHIN CLOSE PROXIMITY TO THE IMPROVEMENTS In large part because it is cost prohibitive to provide large open land areas on property in the District, the residential, commercial, and other benefiting properties in the District do not have large outdoor areas and green spaces. The Improvements within the District provide additional outdoor areas that serve as an effective extension of the land area for proximate properties because the Improvements are uniquely proximate and accessible to property in close proximity to the Improvements. The Improvements, therefore, provide an important, valuable and desirable extension of usable land area for the direct advantage and special benefit of properties in the District because such properties have uniquely good and close proximity to the Improvements. 5.2 General Versus Special Benefit Article XIIIC of the California Constitution requires any local agency proposing to increase or impose a benefit assessment to “separate the general benefits from the special benefits conferred on a parcel.” The rationale for separating special and general benefits is to ensure that property owners subject to the benefit assessment are not paying for general benefits. An assessment can fund special benefits but cannot fund general benefits. Accordingly, a separate estimate of the special and general benefit is given in this section. In other words: Total Benefit = General Benefit + Special Benefit There is no widely accepted or statutory formula for general benefit. General benefits are benefits from improvements or services that are not special in nature, are not “particular and distinct” and are not “over and above” benefits received by other properties. SVTA provides some clarification by indicating that general benefits provide “an indirect, derivative advantage” and are not necessarily proximate to the improvements. In this Report, the general benefit is liberally estimated and described and then budgeted so that it is funded by sources other than the assessment. The starting point for evaluating general and special benefits is the current, baseline level of service. The assessment will fund Improvements “over and above” this general, baseline level and the general benefits estimated in this section are over and above the baseline. Page 565 of 655 City of Diamond Bar Landscaping Assessment District No. 38 - Fiscal Year 2026/27 Engineer’s Report 13 A formula to estimate the general benefit is listed below: General Benefit = Benefit to Real Property Outside the District + Benefit to Real Property Inside the District that is Indirect and Derivative + Benefit to the Public at Large Special benefit, on the other hand, is defined in the state constitution as “a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large.” The SVTA decision indicates that a special benefit is conferred to a property if it “receives a direct advantage from the improvement (e.g., proximity to a park).” In these assessments, as noted, properties in the District have close and unique proximity, views and access to the Improvements and uniquely improved desirability from the Improvements and other properties and the public at large do not receive significant benefits because they do not have proximity, access or views of the Improvements. Therefore, the overwhelming proportion of the benefits conferred to property is special and is only minimally received by property outside the Districts or the public at large. 5.3 Quantification of General Benefit Although the analysis used to support these assessments concludes that the benefits are solely special, as described above, consideration is made for the suggestion that a portion of the benefits are general. General benefits cannot be funded by these assessments – the funding must come from other sources. In this section, the general benefit from landscaping and other types of Improvements is liberally estimated and described and then budgeted so that it is funded by sources other than the assessment. BENEFIT TO PROPERTY OUTSIDE THE DISTRICT Properties within the District receive almost all of the special benefits from the Improvements because properties in the District enjoy unique close proximity and access to the Improvements that is not enjoyed by other properties or the public at large. However, certain properties within the proximity/access radius of the Improvements, but outside of the boundaries of the District, may receive some benefit from the Improvements. Since this benefit is conferred to properties outside the District boundaries, it contributes to the overall general benefit calculation and will not be funded by the assessments. The general benefit to property outside of the District is calculated with the parcel and data analysis. Since the properties outside the District with frontage abutting the Improvements cannot be assessed by the District, this is a form of general benefit to other property. The primary way that parcels outside the district benefit by the Improvements is from views. Therefore, parcels that abut the landscape areas and are not separated from the Improvements by a privacy fence are counted for this general benefit. Since very few of the Improvements lie at the District boundary near occupied parcels, there are very few parcels in this category. The general benefit to property outside of the District is calculated as follows. Assumptions based on the status of parcels in the District at the time of the initial benefit calculation: Page 566 of 655 City of Diamond Bar Landscaping Assessment District No. 38 - Fiscal Year 2026/27 Engineer’s Report 14 • 18 Parcels Outside the District • 18,422 Parcels In the District Calculation of General Benefit to Property Outside the District: 18 / (18 + 18,422) = 0.10%. BENEFIT TO PROPERTY INSIDE THE DISTRICT THAT IS INDIRECT AND DERIVATIVE The “indirect and derivative” benefit to property within the District is particularly difficult to calculate. A solid argument can be presented that all benefit within the District is special, because the other Improvements are clearly “over and above” and “particular and distinct” when compared with the baseline level of service and the unique proximity, access and views of the other Improvements enjoyed by benefiting properties in the District. Nevertheless, the SVTA decision indicates there may be general benefit “conferred on real property located in the district.” A measure of the general benefits to property within the assessment area is the percentage of land area within or directly abutting the District that is publicly owned and used for regional purposes such as major roads, rail lines, and other regional facilities because such properties used for regional purposes could provide indirect benefits to the public at large. Approximately 4.43% of the land area in the District is used for such regional purposes, so this is a measure of the general benefits to property within the District. BENEFIT TO THE PUBLIC AT LARGE The general benefit to the public at large can be estimated by the proportionate amount of time that the District’s Improvements are used and enjoyed by individuals who are not residents, employees, customers, or property owners in the District. It should be noted that these Improvements do not attract the public at large in the same way as park improvements – and they confer far less benefit to the public at large than do similar park improvements. In essence, the public does not visit an area to enjoy landscaping in the same way as they may visit a park. One way to measure the special benefit to the general public is by the vehicle trips through an area with Improvements by people who are not residents within the District. Of the four ways benefits are conferred (proximity, access, views, extension of a property’s green space, and creation of lots), the only benefit that is conferred by way of pass-by vehicle trips is views, which accounts for 25% of the total benefits. This is further reduced to 10% due the brevity of the views and because views are less critically important and are enjoyed much less often to the average non-resident driver than to a resident. Specific data is not available for the number of vehicle trips by non-residents of the District past the Improvements, which lie mostly on arterial roadways. A conservative estimate of vehicle trips by non- residents is 50% of all vehicle trips. Therefore 50% of 10% = 5.00% of the benefits from the other Improvements are general benefits to the public at large. Page 567 of 655 City of Diamond Bar Landscaping Assessment District No. 38 - Fiscal Year 2026/27 Engineer’s Report 15 TOTAL GENERAL BENEFITS Using a sum of these three measures of general benefit, approximately 9.53% of the benefits conferred by the Improvements may be general in nature and should be funded by sources other than the assessment. Landscaping General Benefit Calculation Outside the District 0.10% Inside the District 4.43% Public At Large 5.00% Total General Benefit 9.53% Although this analysis finds that 9.53% of the assessment may provide general benefits from the Improvements, it was determined a requirement for a minimum contribution from sources other than the assessments of 10%. This minimum contribution above the measure of general benefits will serve to provide additional coverage for any other general benefits. CURRENT GENERAL BENEFIT CONTRIBUTION FROM THE CITY This general benefit cannot be funded from the assessments; it must be funded from other sources such as the City’s General Fund or other non-District funds. These contributions can also be in the form of in- lieu contributions to the installation and maintenance of the Improvements such as other City assets that support and protect the Improvements. The City will contribute both monetary and in-lieu resources to ensure that the general benefits conferred by the proposed Improvements are not funded by the District’s assessments. A summary and quantification of these other contributions from the City is discussed below: The City owns, maintains, rehabilitates, and replaces curb and gutter along the border of the District Improvements. This curb and gutter serves to support, contain, retain, manage irrigation flow and growth, and provide a boundary for the Improvements. The contribution from the City towards general benefit from the maintenance, rehabilitation, and replacement of the curb and gutter is conservatively estimated to be 5%. The City owns and maintains a storm drainage system along the border of the District Improvements. This system serves to prevent flooding and associated damage to the Improvements and manage urban runoff including local pollutants loading from the Improvements. The contribution from the City towards general benefit from the maintenance and operation of the local storm drainage system is conservatively estimated to be 5%. The City owns and maintains local public streets along the border of the District Improvements. These public streets provide access to the Improvements for its enjoyment as well as efficient maintenance. The contribution from the City towards general benefit from the maintenance of local public streets is conservatively estimated to be 5%. The value of the construction of the improvements can be quantified and monetized as an annuity. Since this construction was performed and paid for by non-assessment funds, this “annuity” can be used to offset general benefit costs and is conservatively estimated to contribute 10%. Page 568 of 655 City of Diamond Bar Landscaping Assessment District No. 38 - Fiscal Year 2026/27 Engineer’s Report 16 The total General Benefit is liberally quantified at 10% which is entirely offset by the conservatively quantified total non-assessment contribution towards general benefit described above of 25%. Therefore, no additional General Benefit must be funded by the City. 5.4 Method of Assessment The development of an assessment methodology requires apportioning benefit to determine the relative special benefit for each property. The precise language from the Prior Engineer’s Report is included below: The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the Improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits on landscaping are set forth below: 1. Beautification of the streets which are used by all of the residents in the City. 2. A sense of community pride resulting from well-maintained green spaces. 3. The enhancement of the value of property, which results from the foregoing benefits. The existing land use information indicates that well over 90 percent of the parcels within the City are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment.9 5.5 Annual Assessment Calculation The assessment per parcel is $15. For Fiscal Year 2026/27 the amount of the Assessment for the District is not increased from prior years. 5.6 Duration of Assessment The District was formed or annexed in previous years. It is proposed that the assessments be continued every year after their formation or annexation, so long as the public improvements need to be maintained and improved, and the City requires funding for the improvements in the District. As noted previously, the assessment can continue to be levied annually after the City Council approves an annually updated 9 Method of Apportionment and subsections as detailed in the Fiscal Year 2024/25 Engineer’s Report, City of Diamond Bar, Landscaping Assessment District No. 38, dated July 2024 and approved by City Council on June 18, 2024 (“Prior Engineer’s Report”). Page 569 of 655 City of Diamond Bar Landscaping Assessment District No. 38 - Fiscal Year 2026/27 Engineer’s Report 17 Engineer’s Report, budget for the assessment, improvements to be provided, and other specifics of the assessment. In addition, the City Council must hold an annual public hearing to continue the assessment. 5.7 Appeals and Interpretation Any property owner who feels that the assessment levied on the subject property is in error as a result of incorrect information being used to apply the foregoing method of assessment may file a written appeal with the City of Diamond Bar City Manager or his or her designee. Any such appeal is limited to correction of an assessment during the then-current Fiscal Year and applicable law. Upon the filing of any such appeal, the City Manager or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Manager or his or her designee finds that the assessment should be modified, the appropriate changes shall be made to the Assessment Roll. If any such changes are approved after the Assessment Roll has been filed with the County for collection, the City Manager or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any dispute over the decision of the City Manager or his or her designee shall be referred to the Diamond Bar City Council, and the decision of the City Council shall be final. Page 570 of 655 City of Diamond Bar Landscaping Assessment District No. 38 - Fiscal Year 2026/27 Engineer’s Report 18 6. ASSESSMENT DIAGRAM The boundary of the District is coterminous with the City limits. The parcels to be assessed in the District are shown on the Assessment Diagram, which is on file with the City Clerk of the City of Diamond Bar and includes all those properties included in the original formation of the District and subsequent annexations. The following Assessment Diagram is for general location only and is not to be considered the official boundary map. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the County Assessor of the County of Los Angeles, at the time this Report was prepared, and are incorporated by reference herein and made part of this report. Page 571 of 655 City of Diamond Bar Landscaping Assessment District No. 38 - Fiscal Year 2026/27 Engineer’s Report 19 7. ASSESSMENT ROLL Assessor’s parcel identification, for each lot or parcel subject to the assessment, shall be based on the County Assessor’s secured roll data for the applicable year in which this report is prepared and is incorporated herein by reference. A listing of assessor’s parcels subject to the assessments for Fiscal Year 2026/27, along with the assessment amounts, is on file in the office of the City Engineer and incorporated herein by reference. Based on County Assessor’s secured roll data, current assessor’s parcels, including corrected and/or new assessor’s parcels, will be submitted and/or resubmitted to the County Auditor/Controller. The annual assessment amount to be levied and collected for the resubmitted parcel(s) shall be determined in accordance with the method of apportionment and assessment rate approved in this report. Therefore, if a single assessor’s parcel has a status change in development, other land use change, or subdivides into multiple assessor’s parcels, the charge amounts applied to each of the new assessor’s parcels shall be recalculated and applied according to the approved method outlined in the method of apportionment and assessment rate rather than a proportionate share of the original assessment amount. Page 572 of 655 Agenda Item #: 7.2 Meeting Date: June 16, 2026 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager SUBJECT: Levying Assessments on Landscape Assessment District No. 39-2022 for Fiscal Year 2026/27. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: A. Receive presentation, open Public Hearing to receive testimony, close Public Hearing; and, B. Adopt Resolution No. 2026-26 to levy and collect assessments for Landscape Assessment District No. 39- 2022 for Fiscal Year 2026/27. FINANCIAL IMPACT: The District will generate an estimated amount of $708,703. Additionally, there will be 6.62% of that generated amount from the City’s General Fund contribution to fulfill the required General Benefit (estimated at $42,638), and a Carryover Fund Balance of $263,134. Sufficient Funding is included in the FY2026/27 Budget. BACKGROUND: As part of the assessment district updates, the City must undergo a three-step process. This is the final part of the process where the City Council conducts a public hearing on the District’s proposed annual assessment, after which the Council will consider the related resolution confirming the levy assessments. Throughout the entire process, all proceedings for the maintenance of improvements have been pursuant to the provisions of the Landscape and Lighting Act of 1972 of Part 2 Division 15 of the Streets and Highways Code of the State of California and applicable provisions of Proposition 218, Article 10 XIIID of the California Constitution. On April 7, 2026, the City Council adopted Resolution No. 2026-09, ordering the City Engineer to prepare and file an Engineer's Report related to maintenance of improvements in Landscaping Assessment District No. 38 (District) and any assessment thereon for Fiscal Year 2026/27. On May 19, 2026, the City Council adopted Resolution No. 2026-12, declaring the City's intention to levy and collect assessments for the District and directing staff to advertise the Public Hearing to be set for the June 16, 2026, regular meeting. ANALYSIS: Page 573 of 655 Agenda Item #: 7.2 Meeting Date: June 16, 2026 The attached Engineer’s Report for the City’s Landscaping Assessment District Number 39-2022 (Attachment 2), which has been prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, includes authority for the report, estimated costs of operation and maintenance, a diagram for the District and the assessments. The latest number of parcels within the District is 1,246 parcels. The Engineer’s Report contains a full and detailed description of the improvements, the boundaries of the assessment district, and the proposed assessments upon assessable lots and parcels of land within the District. Said estimated cost results in a proposed Single-Family Equivalent (“SFE”) assessment rate of $583.63 for Zone A, $569.04 for Zone B, and $539.86 for Zone C for Fiscal Year 2026/27. Said proposed assessments include an authorized annual increase equal to the change in the Los Angeles-Riverside-Orange County Consumer Price Index (“CPI”) per year without further vote or ballot proceeding. The annual CPI from December 2024 to December 2025 was 3.01%. The assessments will be utilized for the general maintenance of slopes, open space areas, and the five (5) mini parks within the District. LEGAL REVIEW: The City Attorney has reviewed and approved the Resolution as to form. PREPARED BY: Nicholas Delgado, Management Analyst, Public Works ATTACHMENTS: 1. Resolution No. 2026-26 2. LAD No. 39-2022 Final Engineer's Report Page 574 of 655 RESOLUTION NO. 2026-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE CONTINUATION OF THE LEVY AND COLLECTION OF ASSESSMENTS FOR CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39-2022 FOR FISCAL YEAR 2026-27. WHEREAS, by Resolution No. 2026-12, the City Council approved the Engineer’s Report (“Report”) of the Engineer of Work related to City of Diamond Bar Landscaping Assessment District No. 39-2022 (“District”) prepared pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§ 22500, et seq.), known as the Landscaping and Lighting Act of 1972 (“Act”), which described the improvements thereon, and gave notice of and fixed the time and place of the public hearing on the question of assessment thereon for fiscal year 2026-27. A diagram of the area encompassed by the District is attached hereto as Exhibit A; and WHEREAS, the Report is on file with the City Clerk of the City of Diamond Bar; and WHEREAS, said hearing was duly and properly noticed, commenced in the SCAQMD Auditorium located at 21865 Copley Drive, Diamond Bar, California, on June 16, 2026, and was concluded prior to the adoption of this Resolution; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Diamond Bar as follows: Section 1. The Recitals of this Resolution, are in all respects true and correct. Section 2. The Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied, therefore. Section 3. Based upon its review of the Report, and other reports and information, the City Council hereby finds that (i) the land within the District will be benefitted by the improvements specified in the Report, (ii) the District includes all of the lands so benefitted, and (iii) the net amount to be assessed upon the lands within the District for the fiscal year 2026-27, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. Section 4. The improvements specified in the Report are hereby ordered to be completed. Page 575 of 655 Resolution No. 2026-26 2 Section 5. The assessment diagram contained in the Report and the assessment rate of $583.63 per Single-Family Equivalent (“SFE”) (which equates to $583.63 for Zone A, $569.04 for Zone B, and $539.86 for Zone C) are hereby adopted and confirmed and said assessment is hereby levied for the fiscal year 2026-27. Section 6. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in the Report for fiscal year 2026-27. Section 7. The City Council hereby certifies that the assessments to be placed on the 2026-27 property tax bills meet the requirements of Proposition 218 that added Articles XIIIC and XIIID to the California Constitution. Section 8. The assessments are levied without regard to property valuation. Section 9. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for use in City of Diamond Bar Landscaping Assessment District No. 39-2022. Section 10. The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. Section 11. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. Section 12. The City Clerk shall certify to the adoption of this Resolution. PASSED, ADOPTED AND APPROVED this 16th day of June 2026. CITY OF DIAMOND BAR ______ Steve Tye, Mayor [Signatures continued on the following page] Page 576 of 655 Resolution No. 2026-26 3 ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the 16th day of June 2026, by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Kristina Santana, City Clerk Page 577 of 655 Resolution No. 2026-26 4 Exhibit A Page 578 of 655 Fiscal Year 2026/27 Engineer’s Report For: Landscaping Assessment District No. 39-2022 May 2026 Page 579 of 655 TABLE OF CONTENTS 1. Engineer’s Letter ............................................................................................................. 1 2. Introduction ................................................................................................................... 2 2.1 Background .............................................................................................................. 2 2.2 Process for Annual Assessment .............................................................................. 2 2.3 Legislative Context .................................................................................................. 3 3. Plans and Specifications .................................................................................................. 6 4. Estimate of Costs ............................................................................................................ 8 4.1 District Budget ......................................................................................................... 8 4.2 Balance to Levy ........................................................................................................ 9 5. Method of Apportionment............................................................................................ 10 5.1 Special Benefit ....................................................................................................... 10 5.2 General Versus Special Benefit ............................................................................. 13 5.3 Quantification of General Benefit ......................................................................... 13 5.4 Zones of Benefit .................................................................................................... 15 5.5 Method of Assessment.......................................................................................... 18 5.6 Annual Assessment Calculation ............................................................................ 19 5.7 Cost of Living Inflator ............................................................................................ 20 5.8 Duration of Assessment ........................................................................................ 20 5.9 Appeals and Interpretation ................................................................................... 20 6. Assessment Diagram ..................................................................................................... 21 7. Assessment Roll ............................................................................................................ 23 Page 580 of 655 Page 581 of 655 City of Diamond Bar Landscaping Assessment District No. 39-2022 - Fiscal Year 2026/27 Engineer’s Report 2 2. INTRODUCTION 2.1 Background The City services and maintains mini-parks, slopes, and open space areas and other improvements (the “Improvements”) in the Diamond Bar Hills area of the City. In order to fund the maintenance and operation (the “Services”) of these improvements, the Landscaping Assessment District No. 39 was formed in 1985 by the County of Los Angeles prior to the incorporation of the City. Upon incorporation in 1989, the City assumed jurisdiction over the Landscaping Assessment District No. 39. In 2022, the City Council directed that a new assessment be proposed and voted on by property owners within the District in accordance with Proposition 218 (Article XIIIC and D of the California Constitution). Their intent was to replace the existing Landscaping Assessment District No. 39 with a new District No. 39- 2022 that would adhere to the existing boundary and include the same improvements and services. These proposed assessments were supported by 52.03% of assessment ballots received from property owners (with each ballot weighted by the amount of assessments it represented). Therefore, on March 15, 2022, by its Resolution No. 2022-13, the City Council levied the new assessments for District No. 39-2022. This Engineer’s Report (the "Report") was prepared to establish the budget for the Improvements (as described below) that will be funded by the Fiscal Year 2026/27 assessments and other revenue, and to determine the general and special benefits received from the Improvements by property within the District and the method of assessment apportionment to lots and parcels. This Report and the assessments have been made pursuant to Part 2 of Division 15 of the California Streets and Highways Code, commonly known as the Act, and Article XIII D. 2.2 Process for Annual Assessment As required by the procedures specified in the Act, an Engineer’s Report must be prepared on an annual basis which contains a full and detailed description of the improvements, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the assessment district. The City Council must also annually adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the assessment district for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the assessment district by its distinctive designation and indicates the general location of the assessment district. • Refers to the report of the engineer, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the assessment district. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. Page 582 of 655 City of Diamond Bar Landscaping Assessment District No. 39-2022 - Fiscal Year 2026/27 Engineer’s Report 3 If the assessments are to be levied in the same or lesser amounts than the maximum assessment allowed, the City Clerk shall give notice of the public hearing by causing the Resolution of Intention to be published. Any interested person may, prior to the conclusion of the public hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including changes in the improvements, any zones within the assessment district, and the proposed diagram or the proposed assessment. If the assessment to be levied exceeds the maximum assessment allowed, the City must comply with the procedures specified in Article XIII D and Proposition 218. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the report. If confirmed, the assessments would be submitted to the County Auditor Controller for inclusion on the property tax roll. Beginning in 2025, NBS became the Assessment Engineer for the District. To maintain an accurate reference and legally defensible record of the District, pertinent language used in previous engineer’s reports has been retained herein and is cited with footnotes, as appropriate. 2.3 Legislative Context In 1996, California Voters adopted Proposition 218, the “Right to Vote on Taxes Act” which added Articles XIII C and XIII D to the California Constitution. Article XIII D imposes certain substantive and procedural requirements on any agency that wishes to levy special assessments. Article XIII D imposes four basic substantive requirements on assessments1: • All parcels that will have a special benefit conferred upon them and upon which an assessment will be imposed must be identified; • The general benefits must be distinguished from the special benefits conferred on the parcels; • The proportionate special benefit derived by each parcel must be determined in relationship to the entirety of the capital improvement, the maintenance and operation expenses of the public improvement, or the cost of the property related service being provided; and • The amount assessed to a parcel must not exceed the reasonable cost of the proportional special benefit conferred on that parcel and does not include any costs attributable to the general benefit. Since the initial passage of Proposition 218, several court rulings have helped provide context and direction on the practical implementation procedures and requirements for levying assessments. Several of the key concepts from these rulings are summarized below. 1 California Constitution Article XIII D Section 4. Page 583 of 655 City of Diamond Bar Landscaping Assessment District No. 39-2022 - Fiscal Year 2026/27 Engineer’s Report 4 GENERAL BENEFIT Article XIII D requires an agency to separate the general benefits from the special benefits conferred because only special benefits are assessable. The Court of Appeal in Golden Hills Neighborhood Assn., Inc. v. City of San Diego (2011)2 clarified this concept by stating, “Separation and quantification of general and special benefits must be accomplished by apportioning the cost of a service or improvement between the two and assessing property owners only for the portion of the cost representing special benefits.” The Court of Appeal in Beutz v. County of Riverside (2010) (“Beutz”)3 quoted from the Legislative Analyst’s Office pamphlet titled “Understanding Proposition 218” which states an agency must, “estimate the amount of special benefit landowners would receive from the project or service, as well as the amount of ‘general benefit.’ This step is needed because Proposition 218 allows local government to recoup from assessments only the proportionate share of cost to provide the special benefit.” The Court in Beutz furthered this idea stating, “Separating the general from the special benefits of a public improvement project and estimating the quantity of each in relation to the other is essential if an assessment is to be limited to the special benefits.” The Court of Appeal in Silicon Valley Taxpayers' Association Incorporated v. Santa Clara County Open Space Authority (2008) (“SVTA”) 4 clarified that general benefits are not restricted to benefits conferred only on persons and property outside the assessment district but can include benefits both conferred on real property located in the district or to the public at large. The “public at large” includes all members of the public, including those who live, work, and shop within the district, and not simply transient visitors. BENEFIT-BASED NOT COST-BASED In Bonander v. Town of Tiburon (2009) (“Tiburon”)5, the Court of Appeal clarified the idea that assessments must be apportioned based upon benefit rather than cost. The Court stated, “proportionate special benefit is the basis upon which a project’s total assessable costs are apportioned among parcels within an assessment district.” The assessment on a particular property cannot be based on the relative cost of the improvements, but rather the special benefit conferred on such property. The Court in Tiburon also stated, “an assessment represents the entirety of the cost of the improvement or property-related service, less any amount attributable to general benefits (which may not be assessed), allocated to individual properties in proportion to the relative special benefit conferred on the property.” PUBLIC PROPERTY Section 4, Subdivision (a) of Article XIII D states, in part, “Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive 2 Golden Hill Neighborhood Assn. v. City of San Diego CA4/1, D062203 (Cal. Ct. App. 2013) 3 Beutz v. County of Riverside, 109 Cal. Rptr. 3d 851 (Cal. Ct. App. 2010) 4 Silicon Valley Taxpayers' Association Incorporated v. Santa Clara County Open Space Authority, 44 Cal. 4th 431 (2008). 5 Bonander v. Town of Tiburon, 147 Cal. App. 4th 1116 (Cal. Ct. App. 2007) Page 584 of 655 City of Diamond Bar Landscaping Assessment District No. 39-2022 - Fiscal Year 2026/27 Engineer’s Report 5 no special benefit.” Historically there had been differing opinions about whether this requirement that publicly owned property should not be exempt actually meant those properties must be assessed. The Court of Appeal in Manteca Unified School District v. Reclamation District No. 17 et al (2017)6 clarified this issue by stating, “Section 4, Subdivision (a) of Article XIII D of the California Constitution unambiguously conditions any continuing benefit assessment exemption on a showing by clear and convincing evidence of no special benefit.” IMPRECISION The Court in Tiburon acknowledged the difficulty of trying to precisely assign and measure special benefit, stating, “Any attempt to classify special benefits conferred on particular properties and to assign relative weights to those benefits will necessarily involve some degree of imprecision.” The Court in Tiburon went on to say that a formula assigning equal weight to different special benefits “may be a legally justifiable approach to measuring and apportioning special benefits, [but] it is not necessarily the only valid approach. Whichever approach is taken to measuring and apportioning special benefits; however, it must be both defensible and consistently applied.” 6 Manteca Unified School District v. Reclamation District No. 17 et al, C077906 (Cal. Ct. App. 2017) Page 585 of 655 City of Diamond Bar Landscaping Assessment District No. 39-2022 - Fiscal Year 2026/27 Engineer’s Report 6 3. PLANS AND SPECIFICATIONS The work and improvements proposed to be undertaken by the City and the cost thereof paid from the levy of the annual assessment provide special benefit to assessor parcels within the District defined in the Method of Assessment herein. Consistent with the Act, the improvements are generally described as follows: The City maintains landscaping and other improvements in locations within the District’s boundaries. The work and improvements to be undertaken by the District, and the cost thereof paid from the levy of the annual assessment provide special benefit to parcels within the District as defined in the Method of Assessment herein. In addition to the definitions provided by the Act, the work and improvements are generally described as mini-parks, slopes, and open space areas within the District. The Assessment Diagram shows the location and extent of the Improvements to be installed, maintained or serviced by the proceeds from the assessment. Installation, maintenance and servicing of Improvements, may include, but are not limited to, turf and play areas, landscaping, ground cover, shrubs and trees, irrigation systems, sidewalks, parking lots, lighting, fencing, entry monuments, basketball courts, tennis courts, other recreational facilities, graffiti removal and repainting, labor, materials, supplies, utilities and equipment, as applicable, at each of the locations owned, operated or maintained by the District. Installation - means the construction of Improvements, including, but not limited to, land preparation (such as grading, leveling, cutting and filling), sod, landscaping, irrigation systems, walkways, drainage and lights, playground equipment, play courts, playing fields, recreational facilities and public restrooms. Maintenance - means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including repair, removal, or replacement of all or part of any improvement; providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste; the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. Servicing - means the furnishing of electric current, or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements, or water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Incidental expenses include all of the following: (a) The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment; (b) the costs of printing, advertising, and the giving of published, posted, and mailed notices; (c) compensation payable to the County for collection of assessments; (d) compensation of any engineer or attorney employed to render services in proceedings pursuant to this part; (e) any other expenses incidental to the construction, installation, or maintenance and servicing of the Improvements; (f) any expenses incidental to the issuance of bonds or notes pursuant to Streets & Highways Code Section 22662.5; and (g) costs associated with any elections held for the approval of a new or increased assessment (according to Streets & Highways Code §22526). Page 586 of 655 City of Diamond Bar Landscaping Assessment District No. 39-2022 - Fiscal Year 2026/27 Engineer’s Report 7 Modifications to the District structure could include, but are not limited to, substantial changes or expansion of the Improvements provided, substantial changes in the service provided, modifications or restructuring of the District including annexation or detachment of specific parcels, revisions in the method of apportionment, or proposed new or increased assessments. The assessment proceeds will be exclusively used for Improvements within the District plus incidental expenses. Page 587 of 655 City of Diamond Bar Landscaping Assessment District No. 39-2022 - Fiscal Year 2026/27 Engineer’s Report 8 4. ESTIMATE OF COSTS 4.1 District Budget Fiscal Year 2026/27 estimated costs of maintenance and servicing the Improvements as described in the Plans and Specifications of this Report are summarized below. Description Proposed FY 2026/27 Costs Salaries & Benefits $41,579 Advertising 3,500 Utilities 137,000 Maintenance of Grounds/Buildings 35,000 Professional Services 5,000 Trail & Landscape Maintenance 330,000 Tree Maintenance 32,000 Weed/Pest Abatement 60,000 Additional Enhancement & Improvement 0 Total Estimated Expenditures $644,079 Contingencies/Reserves 370,076 Contributions from Other Sources (1) (305,452) Fiscal Year 2026/27 Net Amount to be Assessed (2) $708,703 (1) Includes City General Fund contribution and fund balance carryover. (2) The net available funds, after incidental, administrative, financing and other costs shall be expended exclusively for Improvements within the boundaries of the District or as described herein, and appropriate incidental and administrative costs as defined in the Plans and Specifications section. A list containing the Fiscal Year 2026/27 assessment and number of parcels proposed to be assessed is included in Section 7 of this Report. Page 588 of 655 City of Diamond Bar Landscaping Assessment District No. 39-2022 - Fiscal Year 2026/27 Engineer’s Report 9 4.2 Balance to Levy The following table shows the total costs, additional revenues and contributions, and the balance to levy for Fiscal Year 2026/27. Description Amount Salaries & Benefits $41,579 Operating Expenses & Services 602,500 Enhancements / Improvements / Reserves 370,076 Total District Costs $1,014,155 Contribution to (from) Operational Reserves (262,814) Other Revenue Sources (1) (42,638) Balance to Levy $708,703 (1) Includes City General Fund contribution. Total District Costs - Includes the personnel services, maintenance, and operations, capital (including capital replacement costs), indirect costs, and equipment. Contribution to (from) Operational Reserves - The operational reserves item provides funds to operate the District from the time period of July 1 (beginning of the fiscal year) through January when the County provides the City with the first installment of assessments collected from the property tax bills. This eliminates the need for the City to transfer funds from non-District accounts to pay for District charges during the first half of the fiscal year. Negative amounts shown here are transfers that are used to reduce the Balance to Levy. Other Revenue Sources - The amount of additional funds designated for use by the District that are not from District assessments. These funds are added to the District account to reduce assessments and may be from either non-District sources including City General Fund contributions, fund balance carryover, or District sources including interest earnings. Balance to Levy - The total amount to be levied and collected through assessments for the current fiscal year. The Balance to Levy represents the sum of the total direct and administration costs, reserves, contributions, and other revenue sources. Page 589 of 655 City of Diamond Bar Landscaping Assessment District No. 39-2022 - Fiscal Year 2026/27 Engineer’s Report 10 5. METHOD OF APPORTIONMENT The following section includes an explanation of the benefits to be derived from the Improvements throughout the District, as well as a description of the assessment methodology used to apportion the total assessment to properties within the District. The Fiscal Year 2024/25 Engineer’s Report was prepared by a different engineer of record and specific language from the Fiscal Year 2024/25 Engineer’s Report 7 has been referenced to describe the Method of Apportionment within the following section of this Report. The District consists of all assessor parcels within the boundaries as defined by the Assessment Diagram included with this Report. Further, all assessor parcels, including all privately and publicly owned parcels, are identified by Assessor Parcel Numbers listed within the included assessment roll. The method used for apportioning the assessment is based on the proportional special benefits to be derived by the properties in the District over and above general benefits conferred on real property or to the public at large. The assessment is apportioned to the parcels in proportion to the relative special benefit from the Improvements. The apportionment of special benefit is a two-step process: the first step is to identify the types of special benefit arising from the improvements, and the second step is to allocate the assessments to property based on the estimated relative special benefit for each type of property. 5.1 Special Benefit The improvements are expected to confer certain special benefits to the parcels within the District. Pursuant to the Prior Engineer’s Report, the special benefit conferred to parcels is more fully described as follows: The following benefit categories summarize the types of special benefit to residential, commercial, industrial, and other lots and parcels resulting from the Improvements to be provided with the assessment proceeds. These types of special benefit are summarized as follows: A. Proximity and access to Improved Landscaped Areas and Other Public Improvements within the District. B. Improved Views within the District. C. Extension of a property’s outdoor areas and green spaces for properties within close proximity to the Improvements. D. Safety and Security within the District. E. Creation of individual lots for residential use that, in absence of the assessments, would not have been created. 7 Method of Apportionment and subsections as detailed in the Fiscal Year 2024/25 Engineer’s Report, City of Diamond Bar, Landscaping Assessment District No. 39-2022, dated July 2024 and approved by City Council on June 18, 2024 (“Prior Engineer’s Report”). Page 590 of 655 City of Diamond Bar Landscaping Assessment District No. 39-2022 - Fiscal Year 2026/27 Engineer’s Report 11 The SVTA decision provides enhanced clarity to the definitions of special benefits from landscaping and parks to properties in three distinct areas: proximity, expanded or improved access, and views. The SVTA decision also clarifies that a special benefit is a service or improvement that provides a direct advantage to a parcel and that indirect or derivative advantages resulting from the overall public benefits from a service or improvement are general benefits. The SVTA decision also provides specific guidance that setback landscaping is a direct advantage and special benefit to property that is proximate to a landscaped area that is improved by an assessment: The characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement (e.g. proximity to a park) or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement (e.g. general enhancement of the district’s property values). Proximity, improved access and views, in addition to the other special benefits listed herein further strengthen the basis of these assessments. 8 In addition, the following special benefits are identified in the Prior Engineer’s Report: PROXIMITY TO IMPROVED LANDSCAPED AREAS WITHIN THE DISTRICT Only the specific properties within close proximity to the Improvements are included in the District. The District has been narrowly drawn to include the properties that receive special benefits from the Improvements. Therefore, property in the District enjoys unique and valuable proximity and access to the Improvements that the public at large and property outside the District do not share. In absence of the assessments, the Improvements would not be provided, and the public improvements funded in the District would be degraded due to insufficient funding for maintenance, upkeep and repair. Therefore, the assessments provide Improvements that are over and above what otherwise would be provided. Improvements that are over and above what otherwise would be provided do not by themselves translate into special benefits but when combined with the unique proximity and access enjoyed by parcels in the District, they provide a direct advantage and special benefit to property in the District. IMPROVED VIEWS WITHIN THE DISTRICT The City, by maintaining permanent public improvements funded by the assessments in the District, provides improved views to properties in the District. The properties in the District enjoy close and unique proximity, access and views of the specific Improvements funded in the District; therefore, the improved and protected views provided by the assessments are another direct and tangible advantage that is uniquely conferred upon property in the District. EXTENSION OF A PROPERTY’S OUTDOOR AREAS AND GREEN SPACES FOR PROPERTIES WITHIN CLOSE PROXIMITY TO THE IMPROVEMENTS In large part because it is cost prohibitive to provide large open land areas on property in the District, the residential, commercial and other benefiting properties in the District do not have large outdoor areas 8 Method of Apportionment and subsections as detailed in the Fiscal Year 2024/25 Engineer’s Report, City of Diamond Bar, Landscaping Assessment District No. 38, dated July 2024 and approved by City Council on June 18, 2024 (“Prior Engineer’s Report”). Page 591 of 655 City of Diamond Bar Landscaping Assessment District No. 39-2022 - Fiscal Year 2026/27 Engineer’s Report 12 and green spaces. The Improvements within the District provide additional outdoor areas that serve as an effective extension of the land area for proximate properties because the Improvements are uniquely proximate and accessible to property in close proximity to the Improvements. The Improvements, therefore, provide an important, valuable and desirable extension of usable land area for the direct advantage and special benefit of properties in the District because such properties have uniquely good and close proximity to the Improvements. SAFETY AND SECURITY WITHIN THE DISTRICT The City, through proper installation, maintenance, and servicing of public and private improvements funded by the assessments in the District, provides increased security and safety by preventing crime and suppressing fire. For parks and recreation improvements, proper lighting and well-kept landscapes help to deter crime and vandalism. Other landscaped area activities such as slope maintenance and brush clearing provide critical fire suppression. CREATION OF INDIVIDUAL LOTS FOR RESIDENTIAL USE THAT, IN ABSENCE OF THE ASSESSMENTS, WOULD NOT HAVE BEEN CREATED In the District, the original owner/developer(s) of the property within the District agreed unanimously to the assessments. The assessments provide the necessary funding for improvements that were required as a condition of development and subdivision approval. Therefore, such assessments allowed the original property to be subdivided and for development of the parcels to occur. As parcels were sold, new owners were informed of the assessments through the title reports, and in some cases, through Department of Real Estate “White Paper” reports that the parcels were subject to assessment. Purchase of property was also an “agreement” to pay the assessment. Therefore, in absence of the assessments, the lots within most of the District would not have been created. These parcels, and the improvements that were constructed on the parcels, receive direct advantage and special benefit from the assessments. SUMMARY OF RELATIVE WEIGHT OF BENEFIT FACTORS A solid argument could be made that the creation of individual lots benefit comprises 100% of the benefit because the Improvements were incorporated into the original planning and design of the subdivision, and thus were deemed to be necessary and required for the development of the lot. Without those Improvements and associated benefit, the lots would not have been created. Nevertheless, four other definitive benefits accruing to the parcels within the District are identified, and an allowance should be made within the overall relative importance of benefits. The relative benefit level of the five identified benefits used in this Report is shown below. Benefit Category Relative Weight Proximity & Access 10% Views 10% Outdoor Area Extension 10% Safety & Security 10% Creation of Lots 60% Total Benefit 100% Page 592 of 655 City of Diamond Bar Landscaping Assessment District No. 39-2022 - Fiscal Year 2026/27 Engineer’s Report 13 5.2 General Versus Special Benefit Article XIIIC of the California Constitution requires any local agency proposing to increase or impose a benefit assessment to “separate the general benefits from the special benefits conferred on a parcel.” The rationale for separating special and general benefits is to ensure that property owners subject to the benefit assessment are not paying for general benefits. An assessment can fund special benefits but cannot fund general benefits. Accordingly, a separate estimate of the special and general benefit is given in this section. In other words: Total Benefit = General Benefit + Special Benefit There is no widely accepted or statutory formula for general benefit. General benefits are benefits from improvements or services that are not special in nature, are not “particular and distinct” and are not “over and above” benefits received by other properties. SVTA provides some clarification by indicating that general benefits provide “an indirect, derivative advantage” and are not necessarily proximate to the improvements. In this Report, the general benefit is liberally estimated and described and then budgeted so that it is funded by sources other than the assessment. The starting point for evaluating general and special benefits is the current, baseline level of service. The assessment will fund Improvements “over and above” this general, baseline level and the general benefits estimated in this section are over and above the baseline. A formula to estimate the general benefit is listed below: General Benefit = Benefit to Real Property Outside the District + Benefit to Real Property Inside the District that is Indirect and Derivative + Benefit to the Public at Large Special benefit, on the other hand, is defined in the state constitution as “a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large.” The SVTA decision indicates that a special benefit is conferred to a property if it “receives a direct advantage from the improvement (e.g., proximity to a park).” In these assessments, as noted, properties in the District have close and unique proximity, views and access to the Improvements and uniquely improved desirability from the Improvements and other properties and the public at large do not receive significant benefits because they do not have proximity, access or views of the Improvements. Therefore, the overwhelming proportion of the benefits conferred to property is special and is only minimally received by property outside the Districts or the public at large. 5.3 Quantification of General Benefit Although the analysis used to support these assessments concludes that the benefits are solely special, as described above, consideration is made for the suggestion that a portion of the benefits are general. General benefits cannot be funded by these assessments – the funding must come from other sources. Page 593 of 655 City of Diamond Bar Landscaping Assessment District No. 39-2022 - Fiscal Year 2026/27 Engineer’s Report 14 In this section, the general benefit from the Improvements is liberally estimated and described using the precise language from the Prior Engineer’s Report in the sections below. BENEFIT TO PROPERTY OUTSIDE THE DISTRICT Properties within the District receive almost all of the special benefits from the Improvements because properties in the District enjoy unique close proximity and access to the Improvements that is not enjoyed by other properties or the public at large. However, certain properties within the proximity/access radius of the Improvements, but outside of the boundaries of the District, may receive some benefit from the Improvements. Since this benefit is conferred to properties outside the District boundaries, it contributes to the overall general benefit calculation and will not be funded by the assessments. The general benefit to property outside of the District is calculated with the parcel and data analysis. Since certain properties outside the District enjoy close proximity and access to the Improvements cannot be assessed by the District, this is a form of general benefit to other property. There are eight parcels outside the District that lie within a half mile travel distance of one of mini parks within the District. In addition, there are 79 parcels outside the District that are directly adjacent to areas where brush clearing activity is performed by the District. The benefits conferred to these properties do not include the Lot Creation benefit factor, therefore the benefit is reduced by 60%. The general benefit to property outside of the District is calculated as follows. Assumptions: • 87 Parcels Outside the District • 1,246 Parcels In the District • 40% Benefit Factor Calculation of General Benefit to Property Outside the District: 87 / (87 + 1,246) x 40% = 2.61%. BENEFIT TO PROPERTY INSIDE THE DISTRICT THAT IS INDIRECT AND DERIVATIVE The “indirect and derivative” benefit to property within the District is particularly difficult to calculate. A solid argument can be presented that all benefit within the District is special, because the other Improvements are clearly “over and above” and “particular and distinct” when compared with the baseline level of service and the unique proximity, access and views of the other Improvements enjoyed by benefiting properties in the District. Nevertheless, the SVTA decision indicates there may be general benefit “conferred on real property located in the district.” A measure of the general benefits to property within the assessment area is the percentage of land area within or directly abutting the District that is publicly owned and used for regional purposes such as major roads, rail lines and other regional facilities because such properties used for regional purposes could provide indirect benefits to the public at large. Approximately 1.51% of the land area in the District is used for such regional purposes, so this is a measure of the general benefits to property within the District. Page 594 of 655 City of Diamond Bar Landscaping Assessment District No. 39-2022 - Fiscal Year 2026/27 Engineer’s Report 15 BENEFIT TO THE PUBLIC AT LARGE The general benefit to the public at large can be estimated by the proportionate amount of time that the District’s Improvements are used and enjoyed by individuals who are not residents, employees, customers or property owners in the District. There are two ways in which the public at large can enjoy the improvements, with each counting for half the general benefit: use of parks, and pass-by trips where landscaped areas can be viewed. In the case of the mini parks that serve primarily the neighborhood, City staff estimate that approximately 10% of the users do not live, work or own property in the District. The general landscape improvements are typically along slopes and open space areas, out of view of the general public, so no general benefit is conferred for views of landscaping. Finally, the general benefits conferred to the public at large does not include the benefit of lot creation, so this benefit is further reduced by half. Therefore, (50% of 10%) x 50% = 2.50% of the benefits from the Improvements are general benefits to the public at large. TOTAL GENERAL BENEFITS Using a sum of these three measures of general benefit, approximately 6.62% of the benefits conferred by the Improvements may be general in nature and should be funded by sources other than the assessment. Landscaping General Benefit Calculation Outside the District 2.61% Inside the District 1.51% Public At Large 2.50% Total General Benefit 6.62% CURRENT GENERAL BENEFIT CONTRIBUTION FROM THE CITY This general benefit cannot be funded from the assessments; it must be funded from other sources such as the City’s General Fund or other non-District funds. These contributions can also be in the form of in- lieu contributions to the installation and maintenance of the Improvements such as other City assets that support and protect the Improvements. The City will contribute both monetary and in-lieu resources to ensure that the general benefits conferred by the proposed Improvements are not funded by the assessments. 5.4 Zones of Benefit The boundaries of the District were developed in conjunction and concurrent with the planning and design of the subdivisions and Improvements and thus include only the properties in the City that are proximate to the Improvements and that would materially benefit from the Improvements. Certain other properties surrounding the District were not part of the designed association between the Improvements and the assessed areas and are generally less proximate to the Improvements. In other words, the boundaries of the District have been narrowly drawn to include only properties that will specially benefit from the Improvements and would receive a declining level of service if the Assessments were not approved. Page 595 of 655 City of Diamond Bar Landscaping Assessment District No. 39-2022 - Fiscal Year 2026/27 Engineer’s Report 16 The SVTA decision indicates: “In a well-drawn district — limited to only parcels receiving special benefits from the improvement — every parcel within that district receives a shared special benefit. Under section 2, subdivision (i), these benefits can be construed as being general benefits since they are not ‘particular and distinct’ and are not ‘over and above’ the benefits received by other properties ‘located in the district.’ “We do not believe that the voters intended to invalidate an assessment district that is narrowly drawn to include only properties directly benefiting from an improvement. Indeed, the ballot materials reflect otherwise. Thus, if an assessment district is narrowly drawn, the fact that a benefit is conferred throughout the district does not make it general rather than special. In that circumstance, the characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement (e.g., proximity to park) or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement (e.g., general enhancement of the district’s property values).” In the District, the benefit that each parcel receives from the Improvements is direct, and the boundaries are narrowly drawn to include only parcels that benefit from the assessment. However, proximity to the improvements varies somewhat within the District. In order to most conservatively assure that assessments are proportional to the relative benefits in the District, three zones have been created: A. In the area south of Grand Avenue the concentration of landscaped areas (brush and slopes) as well as mini parks is the greatest. B. In the area north of Grand Avenue but south of Pantera Park there is less concentration of landscaped slopes and brush-cleared areas, but still a high concentration of mini parks. C. In the area around and north of Pantera Park there is less concentration of landscaped slopes and brush-cleared areas and no mini parks within a half-mile. Based on the varying characteristics of these three distinct zones, each of the five benefit categories have been assigned a benefit factor to estimate the overall relative benefit. Using Zone A as the benchmark (100%), the other two zones derive less benefit due to the proximity of relatively fewer improvements. This estimation is summarized below. Benefit Category Weight Zone A Zone B Zone C Factor Benefit Factor Benefit Factor Benefit Proximity & Access 10% 100% 10% 75% 7.5% 75% 7.5% Views 10% 100% 10% 100% 10% 75% 7.5% Outdoor Area Extension 10% 100% 10% 100% 10% 75% 7.5% Safety & Security 10% 100% 10% 100% 10% 100% 10% Creation of Lots 60% 100% 60% 100% 60% 100% 60% Relative Benefit 100% 100% 97.5% 92.5% Page 596 of 655 City of Diamond Bar Landscaping Assessment District No. 39-2022 - Fiscal Year 2026/27 Engineer’s Report 17 A general map of the location of the Zones is shown below. Page 597 of 655 City of Diamond Bar Landscaping Assessment District No. 39-2022 - Fiscal Year 2026/27 Engineer’s Report 18 5.5 Method of Assessment The development of an assessment methodology requires apportioning benefit to determine the relative special benefit for each property. The precise language from the Prior Engineer’s Report is included below: The allocation of special benefits to property is partially based on the type of property and the size of property. These benefits can also partially be measured by the occupants on property in the District because such parcel population density is a measure of the relative benefit a parcel receives from the Improvements. It should be noted that many other types of “traditional” assessments also use parcel population densities to apportion the assessments. For example, the assessments for sewer systems, roads and water systems are typically allocated based on the population density of the parcels assessed. Therefore, the apportionment of benefit is reasonably based on the type of parcel, the size of parcels and the population density of parcels. The next step in apportioning assessments is to determine the relative special benefit for each property. This process involves determining the relative benefit received by each property in relation to a single-family home, or, in other words, on the basis of Single Family Equivalents (“SFE”). This SFE methodology is commonly used to distribute assessments in proportion to estimated special benefit and is generally recognized as providing the basis for a fair and appropriate distribution of assessments. For the purposes of this Report, all properties are assigned an SFE value, which is each property’s relative benefit in relation to a single-family home on one parcel. In this case, the "benchmark" property is the single-family detached dwelling which is one Single Family Equivalent or one SFE.9 RESIDENTIAL PROPERTIES In the District, there is only one type of residential property present: the single-family home. Other types of residential property, such as multifamily, apartments and condominiums, are not present. Furthermore, the property in the District is fully developed, has been stable since its original development in the late 1980s, and is zoned such that a change in that dominate land use is not expected in the future. As a result, there is no need for a detailed analysis of population densities to determine relative benefit for other types of residential properties. Each single-family residential property is assigned one SFE. VACANT/UNDEVELOPED PROPERTIES While there are currently no vacant or undeveloped properties in the District, the following discussion is included in the event that properties become vacant in the future. The benefit to undeveloped properties is determined to be proportional to the corresponding benefits for similar type developed properties, but at a lower rate due to the lack of improvements on the property. A measure of the benefits accruing to the underlying land is the average value of land in relation to Improvements for developed property. An analysis of the assessed valuation data from the City found 9 Method of Apportionment and subsections as detailed in the Fiscal Year 2024/25 Engineer’s Report, City of Diamond Bar, Landscaping Assessment District No. 38-2022, dated July 2024 and approved by City Council on June 18, 2024 (“Prior Engineer’s Report”). Page 598 of 655 City of Diamond Bar Landscaping Assessment District No. 39-2022 - Fiscal Year 2026/27 Engineer’s Report 19 that approximately 45% of the assessed value of improved properties is classified as the land value. It is reasonable to assume, therefore, that approximately 45% of the benefits are related to the underlying land and 55% are related to the improvements and the day-to-day use of the property. Using this ratio, the SFE factor for vacant/undeveloped parcels is 0.45 per parcel. OTHER PROPERTY TYPES Notwithstanding the foregoing discussion, there are four other types of property uses to be considered: School Property: Pantera Elementary School lies within the District and may derive some benefit from the Improvements. However, all benefits that may be derived from the Improvements are included in the General Benefits calculation noted earlier. Therefore, the School accrues no further Special Benefit and is not assessed a fee. Municipal Park: Pantera Park lies partly within the District. However, all benefits that may be derived from the Improvements are included in the General Benefits calculation noted earlier. Therefore, the park accrues no further special benefit and is not assessed. Water Utility: The Walnut Valley Water District owns a parcel with two water tanks used to supply water for domestic use and fire protection. This property has no people stationed on-site and derives no benefit in any category. Therefore, it is not assessed. Open Space: The open space parcels that lie within the District are part of the Improvements (views, safety and security, etc.) Therefore, these parcels are not assessed. 5.6 Annual Assessment Calculation The table below shows the calculation of the estimated number of SFEs for each Zone for Fiscal Year 2026/27. Zone Parcel Count SFE Factor SFEs A 176 100% 176.000 B 971 97.5% 946.725 C 99 92.5% 91.575 Total 1,246 1,214.300 The following table shows the calculation of the assessment rate. Description Fiscal Year 2026/27 Amount Balance to Levy (1) $708,703.00 Total SFEs 1,214.300 Assessment rate per SFE $583.63 (1) Does not include rounding. Page 599 of 655 City of Diamond Bar Landscaping Assessment District No. 39-2022 - Fiscal Year 2026/27 Engineer’s Report 20 The assessment rate per Zone is shown below. Zone Fiscal Year 2026/27 Assessment Rate A $583.63 B 569.04 C 539.86 5.7 Cost of Living Inflator The assessment shall be subject to an adjustment tied to the Consumer Price Index-U for the Los Angeles- Riverside-Orange County area as of December of each succeeding year (the “CPI”). The maximum authorized assessment rate is equal to the maximum assessment rate in the first fiscal year the assessment was levied adjusted annually by the change in CPI. In January 2018, the Bureau of Labor Statistics (“BLS”) updated their geographic areas for computing CPI. Previously, the Los Angeles-Riverside-Orange County index was made up of Los Angeles, Orange, Riverside, San Bernardino, and Ventura counties. The BLS divided this index into two areas; one that represents Los Angeles and Orange counties (Los Angeles-Long Beach-Anaheim) and another that represents Riverside and San Bernardino counties (Riverside-San Bernardino-Ontario). The annual resolution approving this Report specifies that the CPI to be used for the calculation of the maximum assessments is the Los Angeles-Long Beach-Anaheim Index. The annual CPI from December 2024 to December 2025 was 3.01%. 5.8 Duration of Assessment It is proposed that the assessments be continued every year after their formation, so long as the public improvements need to be maintained and improved, and the City requires funding for the Improvements in the District. As noted previously, the assessment can continue to be levied annually after the City Council approves an annually updated Engineer’s Report, budget for the assessment, improvements to be provided, and other specifics of the assessment. In addition, the City Council must hold an annual public hearing to continue the assessment. 5.9 Appeals and Interpretation Any property owner who feels that the assessment levied on the subject property is in error, as a result of incorrect information being used to apply the foregoing method of assessment, may file a written appeal with the City Manager or his or her designee. Any such appeal is limited to correction of an assessment during the then-current Fiscal Year and applicable law. Upon filing of any such appeal, the City Manager or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Manager or his or her designee finds that the assessment should be modified, the appropriate changes shall be made to the Assessment Roll. If any such changes are approved after the Assessment Roll has been filed with the County for collection, the City Manager or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any dispute over the decision of the City Manager or his or her designee shall be referred to the City Council, and the decision of the City Council shall be final. Page 600 of 655 City of Diamond Bar Landscaping Assessment District No. 39-2022 - Fiscal Year 2026/27 Engineer’s Report 21 6. ASSESSMENT DIAGRAM The parcels to be assessed in the District are shown on the Assessment Diagram, which is on file with the City Clerk of the City and includes all those properties included in the original formation of the District and subsequent annexations. The following Assessment Diagram is for general location only and is not to be considered the official boundary map. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the County Assessor of the County of Los Angeles, at the time this Report was prepared, and are incorporated by reference herein and made part of this Report. Page 601 of 655 City of Diamond Bar Landscaping Assessment District No. 39-2022 - Fiscal Year 2026/27 Engineer’s Report 22 Page 602 of 655 City of Diamond Bar Landscaping Assessment District No. 39-2022 - Fiscal Year 2026/27 Engineer’s Report 23 7. ASSESSMENT ROLL Assessor’s parcel identification, for each lot or parcel subject to the assessment, shall be based on the County Assessor’s secured roll data for the applicable year in which this Report is prepared and is incorporated herein by reference. A listing of assessor’s parcels subject to the assessments for Fiscal Year 2026/27, along with the assessment amounts, is on file in the office of the City Engineer and incorporated herein by reference. Based on County Assessor’s secured roll data, current assessor’s parcels, including corrected and/or new assessor’s parcels, will be submitted and/or resubmitted to the County Auditor/Controller. The annual assessment amount to be levied and collected for the resubmitted parcel(s) shall be determined in accordance with the method of apportionment and assessment rate approved in this report. Therefore, if a single assessor’s parcel has a status change in development, other land use change, or subdivides into multiple assessor’s parcels, the charge amounts applied to each of the new assessor’s parcels shall be recalculated and applied according to the approved method outlined in the method of apportionment and assessment rate rather than a proportionate share of the original assessment amount. Page 603 of 655 Agenda Item #: 7.3 Meeting Date: June 16, 2026 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager SUBJECT: Levying Assessments on Landscape Assessment District No. 41-2021 for Fiscal Year 2026/27. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: A. Receive presentation, open Public Hearing to receive testimony, close Public Hearing; and, B. Adopt Resolution No. 2026-27 to levy and collect assessments for Landscape Assessment District No. 41- 2021 for Fiscal Year 2025/26. FINANCIAL IMPACT: The District will generate an estimated amount of $330,305. Additionally, there will be 3.84% of that generated amount from the City’s General Fund contribution to fulfill the required General Benefit (estimated at $17,453), and a Carryover Fund Balance of $181,367. Sufficient Funding is available in the Adopted FY 2026/27 Budget. BACKGROUND: As part of the assessment district updates, the City must undergo a three-step process. This is the final part of the three-step process in which the City Council conducts a public hearing on the District’s proposed annual assessment, and subsequently considers the related resolution confirming the levy assessments. Throughout the entire process, all proceedings for the maintenance of improvements have been pursuant to the provisions of the Landscape and Lighting Act of 1972 of Part 2 Division 15 of the Streets and Highways Code of the State of California and applicable provisions of Proposition 218, Article 10 XIIID of the California Constitution. On April 7, 2026, the City Council adopted Resolution No. 2026-10, ordering the City Engineer to prepare and file an Engineer's Report related to maintenance of improvements in Landscaping Assessment District No. 41- 2021 (District) and any assessment thereon for Fiscal Year 2026/27. On May 19, 2026, the City Council adopted Resolution No. 2025-13, declaring the City's intention to levy and collect assessments for the District and directing staff to advertise the Public Hearing to be set for the July 16, 2026, regular meeting. ANALYSIS: Page 604 of 655 Agenda Item #: 7.3 Meeting Date: June 16, 2026 The attached Engineer’s Report for the City’s Landscaping Assessment District Number 41-2021 (Attachment 2), which has been prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, includes authority for the report, estimated costs of operation and maintenance, a diagram for the District and the assessments. The number of parcels within the District is 554 parcels. The Engineer’s Report contains a full and detailed description of the improvements, the boundaries of the assessment district, and the proposed assessments upon assessable lots and parcels of land within the District for Fiscal Year 2026/27. The proposed assessment amounts for the single-family and multi-family parcels are $608.88 and $560.17, respectively, an increase of 3% from Fiscal Year 2025/26. LEGAL REVIEW: The City Attorney has reviewed and approved the Resolution as to form. PREPARED BY: Nicholas Delgado, Management Analyst, Public Works ATTACHMENTS: 1. Resolution No. 2026-27 2. LAD No. 41-2021 Final Engineer's Report Page 605 of 655 RESOLUTION NO. 2026-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE CONTINUATION OF THE LEVY AND COLLECTION OF ASSESSMENTS FOR CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41-2021 FOR FISCAL YEAR 2026-27. WHEREAS, by Resolution No. 2026-13, the City Council approved the Engineer’s Report (“Report”) of the Engineer of Work related to City of Diamond Bar Landscaping Assessment District No. 41-2021 (“District”) prepared pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§ 22500, et seq.), known as the Landscaping and Lighting Act of 1972 (“Act”), which described the improvements thereon, and gave notice of and fixed the time and place of the public hearing on the question of assessment thereon for fiscal year 2026-27. A diagram of the area encompassed by the District is attached hereto as Exhibit A; and WHEREAS, the Report is on file with the City Clerk of the City of Diamond Bar; and WHEREAS, said hearing was duly and properly noticed, commenced in the SCAQMD Auditorium located at 21865 Copley Drive, Diamond Bar, California on June 16, 2026, and was concluded prior to the adoption of this Resolution; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Diamond Bar as follows: Section 1. The Recitals of this Resolution are in all respects true and correct. Section 2. The City Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied, therefore. Section 3. Based upon its review of the Report, and other reports and information, the City Council hereby finds that (i) the land within the District will be benefitted by the improvements specified in the Report, (ii) the District includes all of the lands so benefitted, and (iii) the net amount to be assessed upon the lands within the District for the fiscal year 2026-27 is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. Section 4. The improvements specified in the Report are hereby ordered to be completed. Page 606 of 655 Resolution No. 2026-27 2 Section 5. The assessment diagram contained in the Report and the assessment rates of $608.88 for the single-family and $560.17 for condominium parcels, respectively, within said District are hereby adopted and confirmed and said assessment is hereby levied for the fiscal year 2026-27. Section 6. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in the Report for fiscal year 2026-27. Section 7. The City Council hereby certifies that the assessments to be placed on the 2026-27 property tax bills meet the requirements of Proposition 218 that added Articles XIIIC and XIIID to the California Constitution. Section 8. The assessments are levied without regard to property valuation. Section 9. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for use in City of Diamond Bar Landscaping Assessment District No. 41-2021. Section 10. The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. Section 11. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. Section 12. The City Clerk shall certify to the adoption of this Resolution. PASSED, ADOPTED AND APPROVED this 16th day of June 2026. CITY OF DIAMOND BAR Steve Tye, Mayor [Signatures continued on the following page] Page 607 of 655 Resolution No. 2026-27 3 ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the 16th day of June 2026, by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: _______ Kristina Santana, City Clerk Page 608 of 655 Resolution No. 2026-27 4 Exhibit A Landscaping Assessment District No. 41-2021 Page 609 of 655 Fiscal Year 2026/27 Engineer’s Report For: Landscaping Assessment District No. 41-2021 May 2026 Page 610 of 655 TABLE OF CONTENTS 1. Engineer’s Letter ............................................................................................................. 1 2. Introduction ................................................................................................................... 2 2.1 Background .............................................................................................................. 2 2.2 Process for Annual Assessment .............................................................................. 2 2.3 Legislative Context .................................................................................................. 3 3. Plans and Specifications .................................................................................................. 6 4. Estimate of Costs ............................................................................................................ 8 4.1 District Budget ......................................................................................................... 8 4.2 Balance to Levy ........................................................................................................ 8 5. Method of Apportionment............................................................................................ 10 5.1 Special Benefit ....................................................................................................... 10 5.2 General Versus Special Benefit ............................................................................. 13 5.3 Quantification of General Benefit ......................................................................... 14 5.4 Method of Assessment.......................................................................................... 15 5.5 Annual Assessment Calculation ............................................................................ 18 5.6 Cost of Living Inflator ............................................................................................ 18 5.7 Duration of Assessment ........................................................................................ 18 5.8 Appeals and Interpretation ................................................................................... 18 6. Assessment Diagram ..................................................................................................... 20 7. Assessment Roll ............................................................................................................ 22 Page 611 of 655 Page 612 of 655 City of Diamond Bar Landscaping Assessment District No. 41-2021 - Fiscal Year 2026/27 Engineer’s Report 2 2. INTRODUCTION 2.1 Background The City of Diamond Bar (the “City”) services and maintains turf areas, slopes and open space areas, and other improvements (the “Improvements”) in the Diamond Bar Hills area of the City. In order to fund the maintenance and operation (the “Services”) of these projects and Improvements, Landscaping Assessment District No. 41 was formed in 1985 by the County of Los Angeles prior to the incorporation of the City of Diamond Bar. Upon incorporation in 1989, the City assumed jurisdiction over the District. Since the passage of Proposition 218, the assessments for this existing district cannot be increased beyond the previously approved amount of $280.00 per parcel. This assessment amount does not generate sufficient revenue to fund the District’s Improvements and Services, and the annual shortfalls have been funded by the City’s General Fund. In 2021, the City Council directed that a new assessment be proposed and voted on by property owners within the District in accordance with Proposition 218 (Article XIIIC and D of the California Constitution). Their intent was to replace the existing District No. 41 with a new District No. 41-2021 that would adhere to the existing boundary and include the same improvements and services. These proposed assessments were supported by 87.55% of assessment ballots received from property owners (with each ballot weighted by the amount of assessments it represented). Therefore, on July 6, 2021, by its Resolution No. 2021-33, the City Council levied the new assessments for District No. 41-2021. This Engineer’s Report (the "Report") was prepared to establish the budget for the Improvements (as described below) that will be funded by the Fiscal Year 2026/27 assessments and other revenue, and to determine the general and special benefits received from the Improvements by property within the District and the method of assessment apportionment to lots and parcels. This Report and the assessments have been made pursuant to Part 2 of Division 15 of the California Streets and Highways Code, commonly known as the Act, and Article XIII D. 2.2 Process for Annual Assessment As required by the procedures specified in the Act, an Engineer’s Report must be prepared on an annual basis which contains a full and detailed description of the improvements, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the assessment district. The City Council must also annually adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the assessment district for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the assessment district by its distinctive designation and indicates the general location of the assessment district. Page 613 of 655 City of Diamond Bar Landscaping Assessment District No. 41-2021 - Fiscal Year 2026/27 Engineer’s Report 3 • Refers to the report of the engineer, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the assessment district. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment allowed, the City Clerk shall give notice of the public hearing by causing the Resolution of Intention to be published. Any interested person may, prior to the conclusion of the public hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including changes in the improvements, any zones within the assessment district, and the proposed diagram or the proposed assessment. If the assessment to be levied exceeds the maximum assessment allowed, the City must comply with the procedures specified in Article XIII D and Proposition 218. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the report. If confirmed, the assessments would be submitted to the County Auditor Controller for inclusion on the property tax roll. Beginning in 2025, NBS became the Assessment Engineer for the District. To maintain an accurate reference and legally defensible record of the District, pertinent language used in previous engineer’s reports has been retained herein and is cited with footnotes, as appropriate. 2.3 Legislative Context In 1996, California Voters adopted Proposition 218, the “Right to Vote on Taxes Act” which added Articles XIII C and XIII D to the California Constitution. Article XIII D imposes certain substantive and procedural requirements on any agency that wishes to levy special assessments. Article XIII D imposes four basic substantive requirements on assessments1: • All parcels that will have a special benefit conferred upon them and upon which an assessment will be imposed must be identified; • The general benefits must be distinguished from the special benefits conferred on the parcels; • The proportionate special benefit derived by each parcel must be determined in relationship to the entirety of the capital improvement, the maintenance and operation expenses of the public improvement, or the cost of the property related service being provided; and • The amount assessed to a parcel must not exceed the reasonable cost of the proportional special benefit conferred on that parcel and does not include any costs attributable to the general benefit. 1 California Constitution Article XIII D Section 4. Page 614 of 655 City of Diamond Bar Landscaping Assessment District No. 41-2021 - Fiscal Year 2026/27 Engineer’s Report 4 Since the initial passage of Proposition 218, several court rulings have helped provide context and direction on the practical implementation procedures and requirements for levying assessments. Several of the key concepts from these rulings are summarized below. GENERAL BENEFIT Article XIII D requires an agency to separate the general benefits from the special benefits conferred because only special benefits are assessable. The Court of Appeal in Golden Hills Neighborhood Assn., Inc. v. City of San Diego (2011)2 clarified this concept by stating, “Separation and quantification of general and special benefits must be accomplished by apportioning the cost of a service or improvement between the two and assessing property owners only for the portion of the cost representing special benefits.” The Court of Appeal in Beutz v. County of Riverside (2010) (“Beutz”)3 quoted from the Legislative Analyst’s Office pamphlet titled “Understanding Proposition 218” which states an agency must, “estimate the amount of special benefit landowners would receive from the project or service, as well as the amount of ‘general benefit.’ This step is needed because Proposition 218 allows local government to recoup from assessments only the proportionate share of cost to provide the special benefit.” The Court in Beutz furthered this idea stating, “Separating the general from the special benefits of a public improvement project and estimating the quantity of each in relation to the other is essential if an assessment is to be limited to the special benefits.” The Court of Appeal in Silicon Valley Taxpayers' Association Incorporated v. Santa Clara County Open Space Authority (2008) (“SVTA”) 4 clarified that general benefits are not restricted to benefits conferred only on persons and property outside the assessment district but can include benefits both conferred on real property located in the district or to the public at large. The “public at large” includes all members of the public, including those who live, work, and shop within the district, and not simply transient visitors. BENEFIT-BASED NOT COST-BASED In Bonander v. Town of Tiburon (2009) (“Tiburon”)5, the Court of Appeal clarified the idea that assessments must be apportioned based upon benefit rather than cost. The Court stated, “proportionate special benefit is the basis upon which a project’s total assessable costs are apportioned among parcels within an assessment district.” The assessment on a particular property cannot be based on the relative cost of the improvements, but rather the special benefit conferred on such property. The Court in Tiburon also stated, “an assessment represents the entirety of the cost of the improvement or property-related service, less any amount attributable to general benefits (which may not be assessed), allocated to individual properties in proportion to the relative special benefit conferred on the property.” 2 Golden Hill Neighborhood Assn. v. City of San Diego CA4/1, D062203 (Cal. Ct. App. 2013) 3 Beutz v. County of Riverside, 109 Cal. Rptr. 3d 851 (Cal. Ct. App. 2010) 4 Silicon Valley Taxpayers' Association Incorporated v. Santa Clara County Open Space Authority, 44 Cal. 4th 431 (2008). 5 Bonander v. Town of Tiburon, 147 Cal. App. 4th 1116 (Cal. Ct. App. 2007) Page 615 of 655 City of Diamond Bar Landscaping Assessment District No. 41-2021 - Fiscal Year 2026/27 Engineer’s Report 5 PUBLIC PROPERTY Section 4, Subdivision (a) of Article XIII D states, in part, “Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit.” Historically there had been differing opinions about whether this requirement that publicly owned property should not be exempt actually meant those properties must be assessed. The Court of Appeal in Manteca Unified School District v. Reclamation District No. 17 et al (2017)6 clarified this issue by stating, “Section 4, Subdivision (a) of Article XIII D of the California Constitution unambiguously conditions any continuing benefit assessment exemption on a showing by clear and convincing evidence of no special benefit.” IMPRECISION The Court in Tiburon acknowledged the difficulty of trying to precisely assign and measure special benefit, stating, “Any attempt to classify special benefits conferred on particular properties and to assign relative weights to those benefits will necessarily involve some degree of imprecision.” The Court in Tiburon went on to say that a formula assigning equal weight to different special benefits “may be a legally justifiable approach to measuring and apportioning special benefits, [but] it is not necessarily the only valid approach. Whichever approach is taken to measuring and apportioning special benefits; however, it must be both defensible and consistently applied.” 6 Manteca Unified School District v. Reclamation District No. 17 et al, C077906 (Cal. Ct. App. 2017) Page 616 of 655 City of Diamond Bar Landscaping Assessment District No. 41-2021 - Fiscal Year 2026/27 Engineer’s Report 6 3. PLANS AND SPECIFICATIONS The work and improvements proposed to be undertaken by the City and the cost thereof paid from the levy of the annual assessment provide special benefit to assessor parcels within the District defined in the Method of Assessment herein. Consistent with the Act, the Improvements are generally described as follows: The City maintains landscaping and other improvements in locations within the District’s boundaries. The work and Improvements to be undertaken by the District, and the cost thereof paid from the levy of the annual assessment provide special benefit to parcels within the District as defined in the Method of Assessment herein. In addition to the definitions provided by the Act, the work and Improvements are generally described as mini-parks, slopes, and open space areas within the District. The Assessment Diagram shows the location and extent of the Improvements to be installed, maintained, or serviced by the proceeds from the assessment. Installation, maintenance, and servicing of Improvements, may include, but are not limited to, turf and play areas, landscaping, ground cover, shrubs and trees, irrigation systems, sidewalks, parking lots, lighting, fencing, graffiti removal and repainting, labor, materials, supplies, utilities and equipment, as applicable, at each of the locations owned, operated or maintained by the District. Installation - means the construction of Improvements, including, but not limited to, land preparation (such as grading, leveling, cutting and filling), sod, landscaping, irrigation systems, walkways, drainage and lights, playground equipment, play courts, playing fields, recreational facilities, and public restrooms. Maintenance - means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including repair, removal, or replacement of all or part of any improvement; providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste; the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. Servicing - means the furnishing of electric current, or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements, or water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Incidental expenses include all of the following: (a) The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment; (b) the costs of printing, advertising, and the giving of published, posted, and mailed notices; (c) compensation payable to the County for collection of assessments; (d) compensation of any engineer or attorney employed to render services in proceedings pursuant to this part; (e) any other expenses incidental to the construction, installation, or maintenance and servicing of the Improvements; (f) any expenses incidental to the issuance of bonds or notes pursuant to Streets & Highways Code Section 22662.5; and (g) costs associated with any elections held for the approval of a new or increased assessment (according to Streets & Highways Code §22526). Modifications to the District structure could include, but are not limited to, substantial changes or expansion of the Improvements provided, substantial changes in the service provided, modifications or Page 617 of 655 City of Diamond Bar Landscaping Assessment District No. 41-2021 - Fiscal Year 2026/27 Engineer’s Report 7 restructuring of the District including annexation or detachment of specific parcels, revisions in the method of apportionment, or proposed new or increased assessments. The assessment proceeds will be exclusively used for Improvements within the District plus incidental expenses. Page 618 of 655 City of Diamond Bar Landscaping Assessment District No. 41-2021 - Fiscal Year 2026/27 Engineer’s Report 8 4. ESTIMATE OF COSTS 4.1 District Budget Fiscal Year 2026/27 estimated costs of maintenance and servicing the Improvements as described in the Plans and Specifications of this Report are summarized below. Description Proposed FY 2026/27 Costs Salaries & Benefits $41,973 Advertising 3,000 Utilities 86,000 Maintenance of Grounds/Buildings 25,000 Professional Services 5,000 Landscape Maintenance 225,000 Tree Maintenance 23,000 Weed/Pest Abatement 45,000 Capital Improvements 0 Total Estimated Expenditures $453,973 Contingencies/Reserves 75,152 Contributions from Other Sources (1) (198,820) Fiscal Year 2026/27 Net Amount to be Assessed (2) $330,305 (1) Includes City General Fund contribution and fund balance carryover. (2) The net available funds, after incidental, administrative, financing and other costs shall be expended exclusively for Improvements within the boundaries of the District or as described herein, and appropriate incidental and administrative costs as defined in the Plans and Specifications section. A list containing the Fiscal Year 2026/27 assessment and number of parcels proposed to be assessed is included in Section 7 of this Report. 4.2 Balance to Levy The following table shows the total costs, additional revenues and contributions, and the balance to levy for Fiscal Year 2026/27. Page 619 of 655 City of Diamond Bar Landscaping Assessment District No. 41-2021 - Fiscal Year 2026/27 Engineer’s Report 9 Description Amount Salaries & Benefits $41,973 Operating Expenses & Services 412,000 Capital Improvements / Reserves 75,152 Total District Costs $529,125 Contribution to (from) Operational Reserves (181,367) Other Revenue Sources (1) (17,453) Balance to Levy $330,305 (1) Includes City General Fund contribution. Total District Costs - Includes the personnel services, maintenance, and operations, capital (including capital replacement costs), indirect costs, and equipment. Contribution to (from) Operational Reserves - The operational reserves item provides funds to operate the District from the time period of July 1 (beginning of the fiscal year) through January when the County provides the City with the first installment of assessments collected from the property tax bills. This eliminates the need for the City to transfer funds from non-District accounts to pay for District charges during the first half of the fiscal year. Negative amounts shown here are transfers that are used to reduce the Balance to Levy. Other Revenue Sources - The amount of additional funds designated for use by the District that are not from District assessments. These funds are added to the District account to reduce assessments and may be from either non-District sources including City General Fund contributions, fund balance carryover, or District sources including interest earnings. Balance to Levy - The total amount to be levied and collected through assessments for the current fiscal year. The Balance to Levy represents the sum of the total direct and administration costs, reserves, contributions, and other revenue sources. Page 620 of 655 City of Diamond Bar Landscaping Assessment District No. 41-2021 - Fiscal Year 2026/27 Engineer’s Report 10 5. METHOD OF APPORTIONMENT The following section includes an explanation of the benefits to be derived from the Improvements throughout the District, as well as a description of the assessment methodology used to apportion the total assessment to properties within the District. The Fiscal Year 2024/25 Engineer’s Report was prepared by a different engineer of record and specific language from the Fiscal Year 2024/25 Engineer’s Report 7 has been referenced to describe the Method of Apportionment within the following section of this Report. The District consists of all assessor parcels within the boundaries as defined by the Assessment Diagram included with this Report. Further, all assessor parcels, including all privately and publicly owned parcels, are identified by Assessor Parcel Numbers listed within the included assessment roll. The method used for apportioning the assessment is based on the proportional special benefits to be derived by the properties in the District over and above general benefits conferred on real property or to the public at large. The assessment is apportioned to the parcels in proportion to the relative special benefit from the Improvements. The apportionment of special benefit is a two-step process: the first step is to identify the types of special benefit arising from the improvements, and the second step is to allocate the assessments to property based on the estimated relative special benefit for each type of property. 5.1 Special Benefit The improvements are expected to confer certain special benefits to the parcels within the District. Pursuant to the Prior Engineer’s Report, the special benefit conferred to parcels is more fully described as follows: The following benefit categories summarize the types of special benefit to residential, commercial, industrial, and other lots and parcels resulting from the Improvements to be provided with the assessment proceeds. These types of special benefit are summarized as follows: A. Proximity to Improved Landscaped Areas and Other Public Improvements within the District. B. Improved Views within the District. C. Extension of a property’s outdoor areas and green spaces for properties within close proximity to the Improvements. D. Safety and Security within the District. E. Creation of individual lots for residential and commercial use that, in absence of the assessments, would not have been created. 7 Method of Apportionment and subsections as detailed in the Fiscal Year 2024/25 Engineer’s Report, City of Diamond Bar, Landscaping Assessment District No. 41-2021, dated July 2024 and approved by City Council on June 18, 2024 (“Prior Engineer’s Report”). Page 621 of 655 City of Diamond Bar Landscaping Assessment District No. 41-2021 - Fiscal Year 2026/27 Engineer’s Report 11 The SVTA decision provides enhanced clarity to the definitions of special benefits from landscaping and parks to properties in three distinct areas: proximity, expanded or improved access, and views. The SVTA decision also clarifies that a special benefit is a service or improvement that provides a direct advantage to a parcel and that indirect or derivative advantages resulting from the overall public benefits from a service or improvement are general benefits. The SVTA decision also provides specific guidance that setback landscaping is a direct advantage and special benefit to property that is proximate to a landscaped area that is improved by an assessment: The characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement (e.g. proximity to a park) or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement (e.g. general enhancement of the district’s property values). Proximity, improved access and views, in addition to the other special benefits listed herein further strengthen the basis of these assessments. 8 In addition, the following special benefits are identified in the Prior Engineer’s Report: PROXIMITY TO IMPROVED LANDSCAPED AREAS WITHIN THE DISTRICT Only the specific properties within close proximity to the Improvements are included in the District. The District has been narrowly drawn to include the properties that receive special benefits from the Improvements. Therefore, property in the District enjoys unique and valuable proximity and access to the Improvements that the public at large and property outside the District do not share. In absence of the assessments, the Improvements would not be provided, and the public improvements funded in the District would be degraded due to insufficient funding for maintenance, upkeep and repair. Therefore, the assessments provide Improvements that are over and above what otherwise would be provided. Improvements that are over and above what otherwise would be provided do not by themselves translate into special benefits but when combined with the unique proximity and access enjoyed by parcels in the District, they provide a direct advantage and special benefit to property in the District. IMPROVED VIEWS WITHIN THE DISTRICT The City, by maintaining permanent public improvements funded by the assessments in the District, provides improved views to properties in the District. The properties in the District enjoy close and unique proximity, access and views of the specific Improvements funded in the District; therefore, the improved and protected views provided by the assessments are another direct and tangible advantage that is uniquely conferred upon property in the District. EXTENSION OF A PROPERTY’S OUTDOOR AREAS AND GREEN SPACES FOR PROPERTIES WITHIN CLOSE PROXIMITY TO THE IMPROVEMENTS In large part because it is cost prohibitive to provide large open land areas on property in the District, the residential, commercial, and other benefiting properties in the District do not have large outdoor areas 8 Method of Apportionment and subsections as detailed in the Fiscal Year 2024/25 Engineer’s Report, City of Diamond Bar, Landscaping Assessment District No. 38, dated July 2024 and approved by City Council on June 18, 2024 (“Prior Engineer’s Report”). Page 622 of 655 City of Diamond Bar Landscaping Assessment District No. 41-2021 - Fiscal Year 2026/27 Engineer’s Report 12 and green spaces. The Improvements within the District provide additional outdoor areas that serve as an effective extension of the land area for proximate properties because the Improvements are uniquely proximate and accessible to property in close proximity to the Improvements. The Improvements, therefore, provide an important, valuable and desirable extension of usable land area for the direct advantage and special benefit of properties in the District because such properties have uniquely good and close proximity to the Improvements. SAFETY AND SECURITY WITHIN THE DISTRICT The City, through proper installation, maintenance, and servicing of public and private improvements funded by the assessments in the District, provides increased security and safety by preventing crime and suppressing fire. For parks and recreation improvements, proper lighting and well-kept landscapes help to deter crime and vandalism. Other landscaped area activities such as slope maintenance and brush clearing provide critical fire suppression. CREATION OF INDIVIDUAL LOTS FOR RESIDENTIAL USE THAT, IN ABSENCE OF THE ASSESSMENTS, WOULD NOT HAVE BEEN CREATED In the District, the original owner/developer(s) of the property within the District agreed unanimously to the assessments. The assessments provide the necessary funding for improvements that were required as a condition of development and subdivision approval. Therefore, such assessments allowed the original property to be subdivided and for development of the parcels to occur. As parcels were sold, new owners were informed of the assessments through the title reports, and in some cases, through Department of Real Estate “White Paper” reports that the parcels were subject to assessment. Purchase of property was also an “agreement” to pay the assessment. Therefore, in absence of the assessments, the lots within most of the District would not have been created. These parcels, and the improvements that were constructed on the parcels, receive direct advantage and special benefit from the assessments. SUMMARY OF RELATIVE WEIGHT OF BENEFIT FACTORS A solid argument could be made that the creation of individual lots benefit comprises 100% of the benefit because the Improvements were incorporated into the original planning and design of the subdivision, and thus were deemed to be necessary and required for the development of the lot. Without those Improvements and associated benefit, the lots would not have been created. Nevertheless, four other definitive benefits accruing to the parcels within the District are identified, and an allowance should be made within the overall relative importance of benefits. The relative benefit level of the five identified benefits used in this Report is shown below. Benefit Category Relative Weight Proximity & Access 10% Views 10% Outdoor Area Extension 10% Safety & Security 10% Creation of Lots 60% Total Benefit 100% Page 623 of 655 City of Diamond Bar Landscaping Assessment District No. 41-2021 - Fiscal Year 2026/27 Engineer’s Report 13 5.2 General Versus Special Benefit Article XIIIC of the California Constitution requires any local agency proposing to increase or impose a benefit assessment to “separate the general benefits from the special benefits conferred on a parcel.” The rationale for separating special and general benefits is to ensure that property owners subject to the benefit assessment are not paying for general benefits. An assessment can fund special benefits but cannot fund general benefits. Accordingly, a separate estimate of the special and general benefit is given in this section. In other words: Total Benefit = General Benefit + Special Benefit There is no widely accepted or statutory formula for general benefit. General benefits are benefits from improvements or services that are not special in nature, are not “particular and distinct” and are not “over and above” benefits received by other properties. SVTA provides some clarification by indicating that general benefits provide “an indirect, derivative advantage” and are not necessarily proximate to the improvements. In this Report, the general benefit is liberally estimated and described and then budgeted so that it is funded by sources other than the assessment. The starting point for evaluating general and special benefits is the current, baseline level of service. The assessment will fund Improvements “over and above” this general, baseline level and the general benefits estimated in this section are over and above the baseline. A formula to estimate the general benefit is listed below: General Benefit = Benefit to Real Property Outside the District + Benefit to Real Property Inside the District that is Indirect and Derivative + Benefit to the Public at Large Special benefit, on the other hand, is defined in the state constitution as “a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large.” The SVTA decision indicates that a special benefit is conferred to a property if it “receives a direct advantage from the improvement (e.g., proximity to a park).” In these assessments, as noted, properties in the District have close and unique proximity, views and access to the Improvements and uniquely improved desirability from the Improvements and other properties and the public at large do not receive significant benefits because they do not have proximity, access or views of the Improvements. Therefore, the overwhelming proportion of the benefits conferred to property is special and is only minimally received by property outside the Districts or the public at large. Page 624 of 655 City of Diamond Bar Landscaping Assessment District No. 41-2021 - Fiscal Year 2026/27 Engineer’s Report 14 5.3 Quantification of General Benefit Although the analysis used to support these assessments concludes that the benefits are solely special, as described above, consideration is made for the suggestion that a portion of the benefits are general. General benefits cannot be funded by these assessments – the funding must come from other sources. In this section, the general benefit from the Improvements is liberally estimated and described using the precise language from the Prior Engineer’s Report in the sections below. BENEFIT TO PROPERTY OUTSIDE THE DISTRICT Properties within the District receive almost all of the special benefits from the Improvements because properties in the District enjoy unique close proximity and access to the Improvements that is not enjoyed by other properties or the public at large. However, certain properties within the proximity/access radius of the Improvements, but outside of the boundaries of the District, may receive some benefit from the Improvements. Since this benefit is conferred to properties outside the District boundaries, it contributes to the overall general benefit calculation and will not be funded by the assessments. The general benefit to property outside of the District is calculated with the parcel and data analysis. Since certain properties outside the District enjoy close proximity and access to the Improvements cannot be assessed by the District, this is a form of general benefit to other property. There are 23 parcels outside the District that are directly adjacent to areas where slopes are maintained by the District. The benefits conferred to these properties do not include the Lot Creation benefit factor, therefore the benefit is reduced by 60%. The general benefit to property outside of the District is calculated as follows. Assumptions: • 23 Parcels Outside the District • 554 Parcels In the District • 40% Benefit Factor Calculation of General Benefit to Property Outside the District: 23 / (23 + 554) x 40% = 1.59%. BENEFIT TO PROPERTY INSIDE THE DISTRICT THAT IS INDIRECT AND DERIVATIVE The “indirect and derivative” benefit to property within the District is particularly difficult to calculate. A solid argument can be presented that all benefit within the District is special, because the other Improvements are clearly “over and above” and “particular and distinct” when compared with the baseline level of service and the unique proximity, access and views of the other Improvements enjoyed by benefiting properties in the District. Nevertheless, the SVTA decision indicates there may be general benefit “conferred on real property located in the district.” A measure of the general benefits to property within the assessment area is the percentage of land area within or directly abutting the District that is publicly owned and used for regional purposes such as major roads, rail lines and other regional facilities because such properties used for regional purposes could provide indirect benefits to the public at large. The District boundaries are narrowly drawn to include only the residential areas within the neighborhood, and there are no regional facilities within the District. Therefore, the indirect and derivative general benefits to property within the District are zero. Page 625 of 655 City of Diamond Bar Landscaping Assessment District No. 41-2021 - Fiscal Year 2026/27 Engineer’s Report 15 BENEFIT TO THE PUBLIC AT LARGE The general benefit to the public at large can be estimated by the proportionate amount of time that the District’s Improvements are used and enjoyed by individuals who are not residents, employees, customers or property owners in the District. It should be noted that these Improvements do not attract the public at large in the same way as park improvements, and they confer far less benefit to the public at large than do similar park improvements. In essence, the public does not visit an area to enjoy slope improvements in the same way as they may visit a park. However, certain slopes maintained by the District may provide some enhancement to views enjoyed by the public as they drive past. Approximately 25% of the slopes and linear green areas maintained by the District lie along arterial roadways that carry a high percentage of traffic not associated with people who are not residents or property owners within the District. While there are not statistics available as to what percentage of passerby vehicle trips are by non-residents or non-property owners, a liberal factor of 90% is assumed. Finally, of all the types of benefits conferred by the Improvements, passersby only benefit from views, which are estimated at 10% of the total benefits. Therefore, (90% of 25%) x 10% = 2.25% of the benefits from the Improvements are general benefits to the public at large. TOTAL GENERAL BENEFITS Using a sum of these three measures of general benefit, approximately 3.84% of the benefits conferred by the Improvements may be general in nature and should be funded by sources other than the assessment. Landscaping General Benefit Calculation Outside the District 1.59% Inside the District 0.00% Public At Large 2.25% Total General Benefit 3.84% CURRENT GENERAL BENEFIT CONTRIBUTION FROM THE CITY This general benefit cannot be funded from the assessments; it must be funded from other sources such as the City’s General Fund or other non-District funds. These contributions can also be in the form of in- lieu contributions to the installation and maintenance of the Improvements such as other City assets that support and protect the Improvements. The City will contribute both monetary and in-lieu resources to ensure that the general benefits conferred by the proposed Improvements are not funded by the assessments. 5.4 Method of Assessment The development of an assessment methodology requires apportioning benefit to determine the relative special benefit for each property. The precise language from the Prior Engineer’s Report is included below: The allocation of special benefits to property is partially based on the type of property and the size of property. These benefits can also partially be measured by the occupants on Page 626 of 655 City of Diamond Bar Landscaping Assessment District No. 41-2021 - Fiscal Year 2026/27 Engineer’s Report 16 property in the District because such parcel population density is a measure of the relative benefit a parcel receives from the Improvements. It should be noted that many other types of “traditional” assessments also use parcel population densities to apportion the assessments. For example, the assessments for sewer systems, roads and water systems are typically allocated based on the population density of the parcels assessed. Therefore, the apportionment of benefit is reasonably based on the type of parcel, the size of parcels and the population density of parcels. The next step in apportioning assessments is to determine the relative special benefit for each property. This process involves determining the relative benefit received by each property in relation to a single-family home, or, in other words, on the basis of Single Family Equivalents (“SFE”). This SFE methodology is commonly used to distribute assessments in proportion to estimated special benefit and is generally recognized as providing the basis for a fair and appropriate distribution of assessments. For the purposes of this Report, all properties are assigned an SFE value, which is each property’s relative benefit in relation to a single-family home on one parcel. In this case, the "benchmark" property is the single-family detached dwelling which is one Single Family Equivalent or one SFE.9 RESIDENTIAL PROPERTIES Certain residential properties in the District that contain a single residential dwelling unit are assigned 1.0 SFE. Detached or attached houses and zero-lot line houses are included in this category of single-family residential property. If there is more than one single family detached dwelling on a parcel, it will be charged one SFE per single family detached dwelling. Another residential property type in the District is the condominium. These properties benefit from the Improvements in proportion to the average number of people who reside in multi-family residential units versus the average number of people who reside in a single-family home (“Population Density Factor”, or “PDF”). Using the total population of each property type in the City from recent Census data and dividing it by the total number of such households reveals that approximately 3.42 persons occupy each single- family residence, whereas an average of 2.48 persons occupy each condominium. The ratio of 2.48 people (condominium) to 3.42 people (single-family) results in a PDF of 0.73 for condominiums. The PDF of 0.73 for condominiums is applied to certain benefit categories, whereas other benefit categories are applicable to condominiums in full measure. The calculation of the overall SFE factors are summarized below. 9 Method of Apportionment and subsections as detailed in the Fiscal Year 2024/25 Engineer’s Report, City of Diamond Bar, Landscaping Assessment District No. 41-2021, dated July 2024 and approved by City Council on June 18, 2024 (“Prior Engineer’s Report”). Page 627 of 655 City of Diamond Bar Landscaping Assessment District No. 41-2021 - Fiscal Year 2026/27 Engineer’s Report 17 Benefit Category Weight SFR Condo PDF SFE Factor PDF SFE Factor Proximity & Access 10% 100% 10% 73% 7.3% Views 10% 100% 10% 73% 7.3% Outdoor Area Extension 10% 100% 10% 73% 7.3% Safety & Security 10% 100% 10% 100% 10% Creation of Lots 60% 100% 60% 100% 60% Total Benefit 100% 100% 92% There are no other multi-family property types (e.g., duplex, triples, fourplex, apartments) in the District, and none are foreseen in the near future. Therefore, no other multi-family assessment rate is calculated. VACANT/UNDEVELOPED PROPERTIES While there are currently no vacant or undeveloped properties in the District, the following discussion is included in the event that properties become vacant in the future. The benefit to undeveloped properties is determined to be proportional to the corresponding benefits for similar type developed properties, but at a lower rate due to the lack of improvements on the property. A measure of the benefits accruing to the underlying land is the average value of land in relation to Improvements for developed property. An analysis of the assessed valuation data from the City found that approximately 45% of the assessed value of improved properties is classified as the land value. It is reasonable to assume, therefore, that approximately 45% of the benefits are related to the underlying land and 55% are related to the improvements and the day-to-day use of the property. Using this ratio, the SFE factor for vacant/undeveloped parcels is 0.45 per parcel. OTHER PROPERTY TYPES Notwithstanding the foregoing discussion, there are four other types of property uses to be considered: Water Utility: The Walnut Valley Water District owns a parcel with two water tanks used to supply water for domestic use and fire protection. This property has no people stationed on-site and derives no benefit in any category. Therefore, it is not assessed. Open Space: The open space parcels that lie within the District are part of the Improvements (views, safety and security, etc.) Therefore, these parcels are not assessed. The property in the District is fully developed, has been stable since its original development in the late 1980s, and is zoned such that a change in the predominately residential land use is not expected in the future. As a result, there is no analysis of type, size, and population densities for other uses such as commercial, industrial, and institutional properties. Page 628 of 655 City of Diamond Bar Landscaping Assessment District No. 41-2021 - Fiscal Year 2026/27 Engineer’s Report 18 5.5 Annual Assessment Calculation The table below shows the calculation of the estimated number of SFEs for Fiscal Year 2026/27. Description Parcel Count SFE Factor SFEs Single Family Parcels 410 100% 410.00 Condominium Parcels 144 92% 132.48 Total 554 542.48 The following table shows the calculation of the assessment rate. Description Fiscal Year 2026/27 Amount Balance to Levy (1) $330,305.00 Total SFEs 542.48 Assessment rate per SFE $608.88 (1) Does not include rounding. The assessment rate per land use is shown below. Description Fiscal Year 2026/27 Assessment Rate Single Family Parcels $608.88 Condominium Parcels $560.17 5.6 Cost of Living Inflator The assessment shall be subject to an adjustment up to a cap of 3% annually, which adjustment shall be based upon actual costs, including any reasonable reserves, supported by a report prepared in accordance with Article XIIID of the California Constitution. If the report does not support an increase or supports a reduction in the assessment, then the assessment shall not be increased or shall be lowered as applicable. 5.7 Duration of Assessment It is proposed that the assessments be continued every year after their formation, so long as the public improvements need to be maintained and improved, and the City requires funding for the improvements in the District. As noted previously, the assessment can continue to be levied annually after the City Council approves an annually updated Engineer’s Report, budget for the assessment, improvements to be provided, and other specifics of the assessment. In addition, the City Council must hold an annual public hearing to continue the assessment. 5.8 Appeals and Interpretation Any property owner who feels that the assessment levied on the subject property is in error as a result of incorrect information being used to apply the foregoing method of assessment may file a written appeal Page 629 of 655 City of Diamond Bar Landscaping Assessment District No. 41-2021 - Fiscal Year 2026/27 Engineer’s Report 19 with the City Manager or his or her designee. Any such appeal is limited to correction of an assessment during the then-current Fiscal Year and applicable law. Upon filing of any such appeal, the City Manager or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Manager or his or her designee finds that the assessment should be modified, the appropriate changes shall be made to the Assessment Roll. If any such changes are approved after the Assessment Roll has been filed with the County for collection, the City Manager or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any dispute over the decision of the City Manager or his or her designee shall be referred to the Diamond Bar City Council, and the decision of the City Council shall be final. Page 630 of 655 City of Diamond Bar Landscaping Assessment District No. 41-2021 - Fiscal Year 2026/27 Engineer’s Report 20 6. ASSESSMENT DIAGRAM The parcels to be assessed in the District are shown on the Assessment Diagram, which is on file with the City Clerk of the City of Diamond Bar and includes all those properties included in the original formation of the District and subsequent annexations. The following Assessment Diagram is for general location only and is not to be considered the official boundary map. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the County Assessor of the County of Los Angeles, at the time this Report was prepared, and are incorporated by reference herein and made part of this Report. Page 631 of 655 City of Diamond Bar Landscaping Assessment District No. 41-2021 - Fiscal Year 2026/27 Engineer’s Report 21 Page 632 of 655 City of Diamond Bar Landscaping Assessment District No. 41-2021 - Fiscal Year 2026/27 Engineer’s Report 22 7. ASSESSMENT ROLL Assessor’s parcel identification, for each lot or parcel subject to the assessment, shall be based on the County Assessor’s secured roll data for the applicable year in which this report is prepared and is incorporated herein by reference. A listing of assessor’s parcels subject to the assessments for Fiscal Year 2026/27, along with the assessment amounts, is on file in the office of the City Engineer and incorporated herein by reference. Based on County Assessor’s secured roll data, current assessor’s parcels, including corrected and/or new assessor’s parcels, will be submitted and/or resubmitted to the County Auditor/Controller. The annual assessment amount to be levied and collected for the resubmitted parcel(s) shall be determined in accordance with the method of apportionment and assessment rate approved in this report. Therefore, if a single assessor’s parcel has a status change in development, other land use change, or subdivides into multiple assessor’s parcels, the charge amounts applied to each of the new assessor’s parcels shall be recalculated and applied according to the approved method outlined in the method of apportionment and assessment rate rather than a proportionate share of the original assessment amount. Page 633 of 655 Agenda Item #: 8.1 Meeting Date: June 16, 2026 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager SUBJECT: Employment Agreement With New City Manager Ryan Mclean, To Be Effective July 1, 2026. STRATEGIC GOAL: Responsible Stewardship of Public Resources Open, Engaged and Responsive Government Safe, Sustainable and Healthy Community RECOMMENDATION: A. Approve the employment agreement with Ryan McLean to become City Manager beginning on July 1, 2026; and B. Approve the amendment and restatement of the MissionSquare Retirement Governmental Money Purchase Plan Adoption Agreement (401(a) plan) and authorize City Manager Dan Fox to execute the agreement. FINANCIAL IMPACT: Funding for the City Manager’s salary and fringe benefits have been included in the adopted budget for the 2026/2027 fiscal year. BACKGROUND: After the announcement by City Manager Dan Fox that he will be retiring on June 30, 2026, the City Council selected Assistant City Manager Ryan McLean to be appointed as the new City Manager for the City. Mayor Tye, Mayor Pro Tem Low, and the City Attorney negotiated an employment agreement with Mr. McLean. Mr. McLean was raised in the City and attended the local schools. He received his BA in Economics from UC Irvine, and is a credentialed city manager with the International City/County Management Association. Mr. McLean has been employed by the City since 2000 and has served as acting Parks and Recreation Director, City Clerk, and Human Resources Manager at various points of his career with the City. He has served the City as Assistant City Manager since 2016. In his role as Assistant City Manager, he has served as the primary liaison between the City Manager's office and the various City departments. He has led the development of key City initiatives including the first strategic plan, the first long-term fiscal sustainability plan/forecast, district elections, public outreach series (City Government Explained and Let’s Talk Public Page 634 of 655 Agenda Item #: 8.1 Meeting Date: June 16, 2026 Safety), and has negotiated and managed multiple City contracts, including the largest City contracts with the Sheriff’s, and the solid waste franchise agreements with Valley Vista and Waste Management. MissionSquare 401(a) Plan On July 25, 1995, the City Council approved the establishment of a money purchase retirement plan in the form of the ICMA Retirement Corporation (now MissionSquare Retirement) Prototype Money Purchase Plan and Trust for the City Manager job classification. This retirement savings benefit was setup and only used by a former City Manager and required monthly employee contributions. Since then, the original Plan document was executed in 1995 and restated in 2016 and 2022 for compliance purposes and renamed to MissionSquare Retirement Governmental Money Purchase Plan or otherwise known as a 401(a) plan (“Plan”). Section 7.D of Mr. McLean’s employment agreement stipulates that the $15,000 in deferred compensation will be deposited in a City sponsored 401(a) deferred compensation plan. In order to comply with the terms of the new City Manager employment agreement effective July 1, 2026, the City must update the Plan agreement. The attached Plan agreement is modified to reflect an annual Employer contribution of $15,000 to the new City Manager’s 401(a) plan account and removes the required employee contribution. Staff recommends that the City Council authorize the current City Manager to sign and execute the attached MissionSquare Retirement Governmental Money Purchase Plan Adoption Agreement effective July 1, 2026. ANALYSIS: Summary of Agreement Terms Pursuant to Government Code § 54953, the City Council is required to orally report a summary of a recommendation concerning the salary and compensation paid in the form of fringe benefits to the city manager. That summary is as follows: • Mr. McLean would become the City Manager effective July 1, 2026. • His salary would be $289,806.03 annually, which will be adjusted by cost of living or consumer price index adjustments approved by the City Council for other executive management employees. • He would receive a $750 per month car allowance and $15,000 in deferred compensation annually. • He will receive the same retirement, vacation, and medical benefits provided to other City executive management employees. LEGAL REVIEW: The City Attorney has reviewed the employment agreement with Mr. McLean and approved as to form and content. PREPARED BY: Omar Sandoval, City Attorney, City Attorney's Office ATTACHMENTS: 1. City Manager Contract (Ryan McLean) 2. Money Purchase Plan Adoption Agreement Form June 2026 Page 635 of 655 1 CITY OF DIAMOND BAR CITY MANAGER EMPLOYMENT AGREEMENT This Employment Agreement ("Agreement") is made and entered into as of this 16th day of June 2026, by and between the CITY OF DIAMOND BAR, a general law city and municipal corporation (hereinafter "City"), and RYAN MCLEAN (hereinafter "Employee"), both of whom understand as follows: RECITALS A. City desires to engage the services of Employee, and Employee desires to accept employment as City Manager of the City. B. The City Council desires to: (1) Encourage the highest standards of fidelity and public service on the part of Employee; and (2) Provide a just means for terminating Employee's services at such time as he may be unable fully to discharge his duties, or when City may desire otherwise to terminate his employment. C. The parties further desire to establish certain benefits and certain conditions of Employee's employment. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. Appointment and Term. City hereby appoints Employee as City Manager of City and Employee hereby accepts such employment with City beginning on July 1, 2026, and continuing until Employee or the City Council terminates this Agreement pursuant to Section 3 below. Employee is employed by City in an “at-will” capacity serving at the pleasure of the City Council. Either the City Council or Employee may terminate this Agreement at any time with or without cause and in its or his sole discretion, as set forth in this Agreement. 2. General Duties. Employee will perform all the city manager functions and duties specified in the Diamond Bar City Code, the Government Code of the State of California and any other applicable laws of the State of California, and the functions and duties as the administrative head of the government of the City. As City Manager, Employee shall also perform such other functions and duties, not inconsistent with the terms of this Agreement, as the City Council may legally and properly assign to that position from time Page 636 of 655 2 to time. Employee shall not consult or engage in other non-City connected business or employment without the prior knowledge and express written approval of the City Council. 3. Termination and Separation Pay/Severance. A. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Council to terminate, by a majority vote of the City Council, the services of Employee without cause, at any time, subject only to the City providing written notice to Employee, and complying with paragraph D of this Section 3. Notice of termination shall not be given during or within a period of ninety (90) days succeeding any general municipal election held in the City at which members of the City Council are elected or when a new city councilmember is appointed. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from his position with City, subject only to Employee providing thirty (30) days prior written notice to the City. C. Notwithstanding the provisions of Paragraph A of this Section 3, in the event Employee is terminated by City for "cause," then City may terminate this Agreement immediately and Employee shall be entitled to only the compensation accrued up to the date of termination. As used in this section, "cause" shall mean any of the following: (1) Conviction of any felony. (2) Conviction of a misdemeanor arising directly out of Employee's duties or performance under this Agreement. (3) Misappropriation of public funds. (4) An indictment is brought by the Grand Jury. (5) Willful abandonment of duties consisting of the failure to report to work for five consecutive days (for reasons not medically related) and not notifying staff and the City Council of his leave status. (6) A pattern of repeated, willful and intentional failure to carry out clear, unambiguous, materially significant and legally constituted policy decisions of the City Council made by the City Council as a body. (7) Any other intentional or negligent action or inaction by Employee that: (a) materially and substantially impedes or disrupts the operations of the City or its organizational units; (b) is detrimental to employees or public safety; (c) violates properly established rules or procedures of the City causing a material and substantial adverse impact on the City; or (d) has a material and substantial adverse effect on the City's interests as clearly defined and Page 637 of 655 3 delineated by properly established City Council actions, policies, regulations, or City ordinances. D. In the event Employee is terminated by the City Council at any time that Employee is still willing and able to perform the duties of City Manager, and the termination is without cause as "cause" is defined in Paragraph C above, then, subject to the limitations set forth in Government Code Section 53260, the City shall pay Employee a lump sum cash payment equal to nine (9) month's aggregate salary and benefits. The word "termination" in this paragraph shall include a reduction in salary (other than an across-the-board reduction applicable to all Executive Management employees) or other financial benefits of Employee or Employee's resignation, if preceded by a formal request by a majority of the City Council that he resign. E. Effect of Payment of Severance/Release. (1) This Paragraph E applies only to the following matters: (a) any rights of Employee to receive severance benefits under this Agreement, (b) any right of employee to continued employment with City, and (c) any claim, demand, or cause of action or damages for wrongful termination (collectively the "Released Matters"). (2) This Section does not otherwise affect, waive, nor release any other rights Employee may have under this Agreement, or applicable law. (3) Upon City's full payment of severance benefits to Employee and Employee's acceptance thereof, Employee (a) releases and discharges City and its elected officials, appointed officers, employees, sub-contractors, agents, accounts, attorneys, successors and all other persons acting for, under, or in concert with City both past and present from any and all personal claims, demands, actions, causes of action, obligations, damages, liabilities, losses, costs and expenses, including attorney's fees of any kind or nature whatsoever, past, present and future, arising from, relating to or in connection with the Released Matters, and (b) agrees to waive any and all claims, demands, actions, causes of action, obligations, liabilities, claims of credits or offsets, costs and expenses, including attorney's fees, of any kind or nature whatsoever as to the Released Matters. As to the Released Matters only, Employee acknowledges that he has read and understands California Civil Code § 1542 which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." Page 638 of 655 4 The parties agree that full payment of the severance benefits in this Agreement and Employee's acceptance thereof, acts as a complete and total release of all future claims which may arise out of the Released Matters whether such claims are currently known or unknown, foreseen or unforeseen, contingent or absolute; and as to the Released Matters the parties intentionally and specifically waive any rights they may have under the provisions of Civil Code § 1542, as well as under any other statutes or common law principles of similar effect, and each party assumes full responsibility for such injuries, damages, losses or liabilities that any of them may hereafter incur with respect to the Released Matters. This section will survive termination of the Agreement. (4) Pursuant to Government Code §§ 53243 et seq., any severance provided Employee under this Agreement must be reimbursed to City if Employee is convicted of a crime involving abuse of his City Manager position as defined by Government Code § 53243.4, as may be amended. Pursuant to Government Code § 53243, if the City Council determines, in its sole discretion, to place Employee on paid leave pending an investigation and such which investigation results in Employee being convicted of a crime involving abuse of his office, Employee shall fully reimburse the City all such paid leave within six months of the conviction. 4. Revolving Door. Employee must comply with Government Code § 87406.3 for a period of one year after separating from service with City. This section will survive termination of this Agreement. 5. Salary. A. Effective July 1, 2026, the City agrees to pay Employee an annual base salary of $289,806.03 (Two Hundred Eighty-Nine Thousand Eight Hundred Six Dollars and 03/100), prorated and paid on the City's normal paydays for its employees, subject to deductions and withholdings of all sums required for federal and/or state income tax, and other deductions or withholdings required by then current state, federal or local law. The City shall also deduct from his annual base salary any applicable sums that Employee is obligated to pay because of participation in plans or programs described in Section 7 of this Agreement and Employee hereby authorizes such deductions. Employee's salary shall be reflected in the City's employee salary schedule and may be adjusted by the City Council as shown therein. The City agrees to adjust the Employee’s salary with the same Cost of Living or Consumer Price Index adjustment as is provided to Executive Management employees. B. At the time of his annual evaluation, City agrees to evaluate Employee's salary and/or any other benefits Employee receives under this Agreement and to make modifications in such amounts and to such an extent as City Council in its discretion may determine that it is desirable to do so. Page 639 of 655 5 6. Hours of Work. A. It shall be the duty of Employee to devote his entire time to the duties of his office and in furthering the interest of the City except as otherwise provided in this Agreement. Employee may work a 9/80-work schedule, meaning that he is entitled to be off work on alternate Fridays, provided that Employee's duties may involve expenditures of time in excess of nine (9) hours per day, eighty (80) hours per two-week period, and will also include time outside normal office hours such as attendance at City Council and other meetings. Employee shall be exempt from paid overtime compensation. B. Notwithstanding the foregoing, Employee may expend reasonable amounts of time for educational, charitable, personal, or professional activities which shall not be deemed a breach of this Agreement if those activities do not conflict or materially interfere with the professional services required under this Agreement; such limited activities shall not require the prior consent of the City Council. 7. Retirement and Benefits. A. Retirement. During the term of this Agreement, City shall contribute to employer's and Employee's portion of Employee's membership in the Public Employees Retirement System. Employee shall pay any legally required Social Security withholding. B. Medical and Other Insurance. City shall provide Employee with the same health insurance, disability insurance and life insurance benefits as is provided to Executive Management employees of the City to be applied towards a cafeteria plan for purchase of health, dental, vision, life insurance and other similar benefits at Employee's election. C. Other Insurance. City shall provide and pay for all other insurance mandated by State law. D. Deferred Compensation. City shall contribute $15,000 per year to a City sponsored 401(a) Deferred Compensation Plan on behalf of Employee. E. Termination of Benefits. Notwithstanding the foregoing, City's obligation to pay Employee health benefits, including dependents, terminates upon the employment of Employee by another employer on the date such benefits are effective for Employee. F. Car Allowance. City agrees to pay Employee a monthly car allowance of Seven Hundred Fifty Dollars ($750) per month. The car allowance is intended to reimburse Employee for the use of his private vehicle for City business. Employee must Page 640 of 655 6 provide his own automobile for his use in performing his duties and is responsible for all maintenance, repair, fuel and insurance expenses for said vehicle. 8. Sick Leave, Vacation and Holidays. A. Leave. Employee shall be entitled to sick leave, vacation leave, administrative leave, floating holiday and bereavement leave in the same manner as Executive Management employees of the City. Employee shall accrue leave time at the same monthly rate as provided to Executive Management employees with Employee's tenure. B. Holidays. Employee shall be entitled to the same number of paid holidays per year as provided to other City employees. 9. Professional Development. City agrees to budget for and pay travel and subsistence expenses of Employee for professional travel, official travel, meetings necessary to pursue official and other functions for the City and to continue professional development of Employee, to the extent deemed reasonable by the City Council. 10. Memberships. City agrees to pay Employee's membership dues in the International City Management Association ("ICMA"), California League of Cities and other similar organizations to which City is a member, at City expense with prior City approval. Employee shall have a reasonable right to attend meetings of such organizations. City agrees to pay for such other professional membership dues and subscriptions as are approved in advance by the City Council. 11. General Expenses. City recognizes that certain extraordinary expenses of a nonpersonal and job affiliated nature may be incurred by Employee. City agrees to reimburse Employee for reasonable expenses which are submitted to the City Council within thirty (30) days for approval and which are supported by expense receipts, statements or personal affidavits, and an audit thereof in like manner as other demands against the City. 12. Evaluation of Performance. On or about the twelfth (12th)-month anniversary of the commencement of this Agreement, the City Council shall review and provide Employee with an evaluation of his performance based on criteria established by the Council with Employee's assistance. The City Council shall conduct such evaluation annually thereafter. Notwithstanding the foregoing, the City Council may evaluate Employee at any time. 13. Confidentiality. Employee acknowledges that in the course of his employment contemplated herein, Employee will be given or will have access to confidential and proprietary documents and information relating to the City, its residents, businesses, employees, and customers ("Confidential Information"). Such Confidential Information may include, but is not limited to, all information given to or otherwise accessible to Page 641 of 655 7 Employee that is not public information or would be exempt from public disclosure as confidential, protected, exempt, or privileged information. Employee shall hold the Confidential Information in trust for the City's benefit and shall not disclose the Confidential Information to others without the express written consent of the City. All Confidential Information shall be promptly returned to the City immediately upon the effective date of any termination or resignation. 14. Other Terms and Conditions of Employment. The City Council may from time to time fix other terms and conditions of employment relating to the performance of Employee provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Diamond Bar City Code, or other applicable law. 15. General Provisions. A. The text herein shall constitute the entire agreement between the parties. B. If Employee dies or becomes incapacitated during the term of this Agreement, any accrued and unpaid wages provided by the terms of this Agreement shall be paid by City to Employee's spouse. C. If any provision or portion hereof contained in this Agreement is held to be unconstitutional, invalid or unenforceable the remainder of this Agreement or portion thereof shall be deemed severable and shall not be affected and shall remain in full force and effect. D. City agrees to defend and indemnify Employee in accordance with the California Government Code. E. City shall bear the cost of any fidelity or other bonds required of Employee under any law or ordinance. This Agreement may be changed or amended by the mutual written consent of City and Employee. Any benefits to Employee under this Agreement may be increased or added to by motion of the City Council without formal amendment to the Agreement. F. Employee is expected to conform to the ICMA Code of Ethics and must comply with all applicable provisions of the City's conflict of interest code. [SIGNATURE PAGE FOLLOWS] Page 642 of 655 8 IN WITNESS WHEREOF the parties have executed this Agreement as of the day and year first above written. EMPLOYEE ________________________________ RYAN MCLEAN CITY OF DIAMOND BAR ________________________________ STEVE TYE, MAYOR ATTEST: ____________________________ KRISTINA SANTANA, CITY CLERK APPROVED AS TO FORM: _____________________________ OMAR SANDOVAL, CITY ATTORNEY Page 643 of 655 Page 644 of 655 Page 645 of 655 Page 646 of 655 Page 647 of 655 Page 648 of 655 Page 649 of 655 Page 650 of 655 Page 651 of 655 Page 652 of 655 Page 653 of 655 Page 654 of 655 Page 655 of 655 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: CITY CLERK `" JIM DATE: PHONE: (Optional) (Optional) I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name as written above. Signature This document is a public record subject to disclosure under the Public Records Act. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: t R15 _ DATE: _. zli, oZ 07 ADDRESS: PHONE: v� " 2 (Optional) (Optional) ORGANIZATION: AGENDA#/SUBJECT: % L#4 I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name as written above. �A� Signature This document is a public record subject to disclosure under the Public Records Act. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: CITY CLERK _ I p Ik, -)/lv r (Optional) IMCI� �i b 1 PHONE: (Optional) I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name as written above. / l Signature his document is a public record subject to disclosure under the Public Records Act. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: CITY CLERK �C, DATE: �O ✓ z 7ZL)i (t 0 W Z, re%e/z, PHONE: (Optional) (Optional) I expect to address the Council on the subject agenda/subject item. Please reflect my name as written above. , nature he Council Minutes This document is a public record subject to disclosure under the Public Records Act.