FAMILIARITY MTH FEDERAL, STATE AND REGIONAL/LOCAL AGE
REQUIRE E ,.1S,
y
BrightView has extensive experience working under the regulatory frameworks that govern public sector landscape maintenance across California. Our firm is fully knowledgeable and compliant with all applicable federal, State, and local laws, regulations, and standards that apply to the services requested in this RFP. We recognize the importance of strict adherence to regulatory protocols as a condition of performing work in a public and highly visible environment like the Bell Gardens Sports Center.
State and Local Labor Compliance - BrightView complies with all prevailing wage and certified payroll requirements outlined by the California Department of Industrial Relations (DIR). We are a registered Public Works contractor and understand the labor code provisions under California Labor Code Sections 1720-1861, including the requirement to submit electronic certified payroll records. Our internal compliance team ensures that all labor documentation is properly submitted and maintained throughout the life of each contract.
Irrigation and Water Conservation Regulations -• Our team is highly experienced in implementing water - efficient landscape practices that align with California Model Water Efficient Landscape Ordinance (MWELO) and any regional drought -related mandates issued by the State Water Resources Control Board or local water agencies. We ensure proper irrigation scheduling, maintenance of equipment, and avoidance of overspray or runoff in compliance with local water conservation goals.
Pesticide and Herbicide Re:ulations - BrightView's licensed pesticide applicators adhere to the California Food and Agricultural Code, including required reporting under the Department of Pesticide Regulation (DPR). We also comply with Los Angeles County restrictions and notification requirements. Only approved and environmentally responsible chemicals are used, and all applications are documented and available for City review.
OSHA and Cal/OSHA Safety Protocols - All BrightView staff follow Cal/OSHA and Federal OSHA regulations to ensure a safe working environment. This includes the use of personal protective equipment (PPE), traffic control in public right-of-way areas per California MUTCD guidelines, hazard communication, and jobsite safety inspections. Our company maintains an Injury and Illness Prevention Program (IIPP) and Safety Data Sheets (SDS) for all materials used onsite.
City and Conntractual Requirements - BrightView has reviewed and understands the City of Bell Gardens' standard form of contract and the specific service expectations outlined in this RFP. We are prepared to meet all reporting, insurance, indemnification, and communication protocols required by the City, and will coordinate closely with the Director of Public Works or designee to ensure all services are delivered in full regulatory and contractual compliance.
Through our extensive public sector experience, BrightView has developed the internal systems, training programs, and documentation practices necessary to uphold the highest level of compliance with all federal, State, and local regulatory agencies.
BrightView Landscape Services
16
B
E
Cr-
t:7.4.7)
City of Agoura Hills
30001 Ladyface Court
Agoura Hills, CA 91301
Citywide Landscape Maintenance
Kelly Fisher
[email protected]
(818)597-7338
Start Date: 2017 — present
$650,574 annually
City of Cerritos
1812 Bloomfield Avenue
Cerritos, CA 90703
Citywide Landscape Maintenance
Jorge Martinez
[email protected]
(714)239-0683
State Date: 2002 -present
$1,859,320 annually
City of La Mirada
13700 La Mirada Blvd
La Mirada, CA 90638
Citywide Landscape Maintenance
Marlin Munoz
[email protected]
(562) 902-2385
Start Date: 2015 - present
$1,250,000 annually
eriglhtVaew Landscape Serviices
City of Ontario
303 East B Street
Ontario, CA 91764
Citywide Landscape Maintenance
Brian Romero
[email protected]
(909) 395-2628
Start Date: 2012 — present
$524,760 annually
City of Rancho Cucamonga
10500 Civic Center Dr
Rancho Cucamonga, CA 91730
Various LMD's
Steve Relph
[email protected]
(909) 438-4946
Start Date: 2012 - present
$619,691 annually
City of Upland
460 N Euclid Ave
Upland, CA 91786
Citywide and Parks
Brett Lance
[email protected]
(909) 243-2796
Start Date: 2015 — present
$899,844 annually
17
CITY OF BELL GARDENS
PU',LIC WORKS DEPARTMENT
8327 GARFIEL.D AVENUE • BELL GARDENS, CALIFORNIA 90201-6122 (562) 806-7770 FAX (562) 806-7789 • VWVWW.E31ELLGARDENS ORG
REQUEST FOR PROPOSALS FOR BELL GARFENS SPORTS CENTER
LANDSCAPE MAINTENANCE SERVICES
ADDENDUM NO. 1
June 4, 2025
This addendum is being issued for the REQUEST FOR PROPOSALS FOR BELL GARDENS SPORTS CENTER LANDSCAPE MAINTENANCE SERVICES ("RFP").
Submit a proposal with full understanding and full consideration of this addendum. This addendum is being issued to make the following changes:
A. The proposal submittal due date is hereby changed to Monday, June 9, 2025, at 5:00 p.m.
B. Section V. Scope of Work is being amended to incorporate the following:
"14.0 LOCATION OF WORK - DETAILS
BELL GARDENS SPORTS CENTER - Located at 8000 Park Lane
Addendum No. 1
RFP - Citywide Landscape Services
C. This addendum is being issued to incorporate the following Response to Request for Information No. 1 into the RFP:
RESPONSE TO REQUEST FOR INFORMATION NO. 1
1. Who is the current contractor?
information regarding the existing landscape contract may be requested through the City Clerk's public records request portal found here:
ofhe�igarcdensca. nextrequest. corn/
2. What is the current man count?
This is a performance -based contract and crew sizes depend on the maintenance schedule.
3. How much is the current monthly contract?
information regarding the existing landscape contract may be requested through the City Clerk's public records request portal found here:
htt s://cityofbellgardensca.nextreguest corn/
4. Is the city currently happy with current contractor? The city is actively monitoring performance and working collaboratively with the current contractor to ensure all project goals are met.
5. What is the yearly invoice of the current contractor? information regarding the existing landscape contract may he requested through the City Clerk's public records request portal found here:
lattps://crtyrofbell ardensca.rrextre uest.corn/
6. How much extra work was awarded in the last fiscal year? Information regarding the existing landscape contract may be requested through the City Clerk's public records request portal found here:
https:/jt ofbellgardensca. nextreguest. corn
7. Will there be a map provided clearly identifying the contract area of work? A map has been included in Addendum No. 1.
8. Will the city be responsible for irrigation parts and repairs? The Contractor is required to perform routine maintenance to ensure the City's irrigation systems operate properly, as detailed in Section 4.0 of the specifications. Major irrigation repairs including extensive pipe replacement, lateral line repairs that require asphalt excavation, irrigation Main line repairs, and backflow replacement will be considered extra work.
9. How many irrigation controllers will the contractor be responsible for? There are four (4) irrigation controllers for these fields.
Addendum No. 1
RFP - Citywide Landscape Services
10. How many irrigation valves will the contractor be responsible for? There are approximately 80 stations in the sports fields irrigation system,
11. Does the city have an average of irrigation materials paid for during the current contract?
Information regarding the existing landscape contract may be requested through the City Clerk's public records request portal found here:
https://bityafbellgardensca , nextrequest. corn/
12. Are there any changes to the specs from the previous contract to now? Yes. Additional details were added for maintenance of the baseball fields,
13. Will there be on -site storage locations provided for the contractor? No. The City does not provide on -site storage for the selected contractor.
14. Can the contractor utilize the city yard for trash dumping? Green waste containers are available at Ford Park,
15. Can the contractor utilize the city yard for green waste dumping? Green waste containers are available at Ford Park.
16. Is the height of the shrubs currently acceptable or would the contractor have to bring them down to city standards?
The expectation is to bring them to City's standards.
17. If some old and established shrubs are seen to be at the end of their life cycle and are showing signs of stress, would the contractor be paid extra to remove them if that is the direction the city wants to go in?
Any removal of shrubs must be approved by City representative.. The City may choose to perform these tasks in-house or with the selected contract. Any rernoval would be considered extra work and be paid using the Contractor's extra work pricing.
Will the contractor be responsible for the maintenance of infield dirt, such as laser leveling and if so, should the cost be considered as extra work? No. The Contractor will not he responsible for the infield dirt laser leveling.
19. Should application of topdressing be 25 tons of sand per field, or total? The application of topdressing is on a per field basis.
20. Per the spec "13.3 In March, begin monthly light sand topdressing program.
Apply 25 tons of sand to the field on a monthly basis. " When will this program end or will this be a continuous monthly task?
Addendum No. 1
RFP - Citywide Landscape Services
It is a monthly task starting in d Larch and it continues until the grass goes into winter dormancy. Then will continue again when regrowth starts the following spring.
21. Can the 3 hard copy sets of the proposal (2 bound 1 unbound) be dropped off in person at the City Clerks office as opposed to being mailed? Yes. The required sets can be hand -delivered at the City Clerk's office.
22. Are there any turf maintenance requirements for areas outside the baseball and grass soccer fields?
An aerial view has been included in this addendum, Please check for limits of work.
23. Cleaning of the restrooms included? If yes, are cleaning supplies, TP and Soap included?
These tasks are not included within the specifications outlined in this RFP,
24. How many Trash Cans/Liner replacement are there?
'These tasks are not included within the specifications outlined in this RFP.
Inform subcontractors and suppliers as necessary.
Sincerely,
Bernardo Iniguez
Director of Public Works/ Facilities
The proposer shall individually identify and acknowledge receipt of this addendum by signing and enclosing a copy of this form in his/her proposal submittal. Failure to do so may result in disqualification of his/her proposal submittal. 6/9/25
Signature of Proposer Date
BrightView Landscape Services, Inc.
Proposer Firm Name and Address
17813 S Main St #105, Gardena, CA 90248
CITY OF BELL GARDENS
PUBLIC WORKS DEPART'' `ENT
8327 GARFIE_LD AVENUE • BELL GARDENS, CALIFORNIA 90201-6122 (562) 806-7770 FAX (562) 806-7789 • 1/V1NVV,BELLGARDEINS.ORG
REQUEST FOR PROPOSALS FOR BELL GARDENS SPORTS CENTER
LANDSCAPE MAINTENANCE SERVICES
ADDENDUM NO. 2
June 5, 2025
This addendum is being issued for the REQUEST FOR PROPOSALS FOR BELL GARDENS SPORTS CENTER LANDSCAPE MAINTENANCE SERVICES ("RFP").
Submit a proposal with full understanding and full consideration of this addendum. This addendum is being issued to make the following changes:
A. Section V, Subsection 1. Routine Maintenance is being amended to read as follows:
"The Contractor will not be responsible for the maintenance nor irrigation of synthetic turf on Fields 3, 4 and 7. The Contractor shall maintain the fields and landscape areas listed below:
a) Fields 1, 2, 5, 6 and landscaped areas along the perimeter of Field 7. b) Planters at the following locations:
i. South, East and West sides of fields 3, 4 and 6
ii. West side of field 5
iii. North side of field 1
iv. South side of field 2
c) Grass areas at the following locations:
i. North of field 6 and south of fields 3 and 4
ii . South of field 5
Addendum No. 2
RFP - BeII Gardens Sports Center Landscape Maintenance Services
It is the contractors responsibility to field -verify these locations prior to submittal of a proposal"
B. The second paragraph under Section V, Subsection 4.5 (Irrigation System Maintenance) is deleted in its entirety as follows:
"4.5 Assessment of irrigation parts and lines. Contractor shall promptly notify the City of irrigation deficiencies discovered during inspections of each site. Repairs shall be completed within 24 hours unless otherwise directed by the City Representative or their designee.
Siou d .rrigation sys em ceficiencies from tie remote control valve to tie water meter De discoverec during inspectior, the Contrac or siaf notify ie City and C. Section V, Subsection 7. Pesticide and Use of Chemicals, is amended to remove the second paragraph read as follows:
"Contractor shall submit a list of all chemical herbicides, pesticides, and rodenticides proposed for use under this contract to the Public Works Department for approval. Materials included on this list shall be limited to the chemicals approved by the State of California Department of Food and Agriculture and shall include the exact brand name and generic formulation. The use of any chemical on the list shall be based on the recommendation of a licensed pest control advisor where required by law.
No spray ciem'ca s or powcer ciemicals are a owec a tie Water WeI oca .on a 68 10Gage Avenue un ess au@hor'zed by tie City Representative prior to tie app cation."
D. Section V, Subsection 13 (Baseball and Grass Soccer Fields) is amended to delete the following:
"13.3
sand
n Marc
i, begin mon
ily igi` sand topereesing program. App
o tie ie c on a monti y bas's.
y 25 tons of
o
der p
ant growt
stimu
e new juveni
i. Groom fie
C
i FDS 9200
Addendum No. 2
RFP - BeII Gardens Sports Center Landscape Maintenance Services
E. This proposal price sheet is hereby replaced with the attached Revised Proposal Price Sheet.
F. This addendum is being issued to incorporate the following Response to Request for Information No. 2 into the RFP:
RESPONSE TO REQUEST FOR INFORMATION NO. 2
1. What current chemicals are being used?
The following are herbicides are being used for the maintenance of athletic fields: Revolver® Herbicide, SpeedZone® and Snapshot 2.5 TG.
2. Should application of topdressing be 25 tons of sand per field, or total? This question was responded to via Addendum No. 1. However, these specifications have since been removed from the RFP and are no longer applicable to the scope of work.
3. Per the spec "13.3 In March, begin monthly light sand topdressing program.
Apply 25 tons of sand to the field on a monthly basis. " When will this program end or will this be a continuous monthly task?
This question was responded to via Addendum No. 1. However; these specifications have since been removed from the RFP and are no longer applicable to the scope of work.
Inform subcontractors and suppliers as necessary.
Sincerely,
Bernardo Iniguez
Director of Public Works/ Facilities
The proposer shall individually identify and acknowledge receipt of this addendum by signing and enclosing a copy of this form in his/her proposal submittal. Failure to do so may result in disqualification of his/her proposal submittal. 6/9/25
Signature of Proposer Date
BrightView Landscape Services, Inc.
Proposer Firm Name and Address
17813 S Main St #105Gardena, CA 90248
REVISED
PROPOSAL PRICE SHEET
Landscape Area
1. Sports Fields and
Ad'acent Landscape Areas
Quantity Unit
Monthly
Total
Activity (Rounded to
Whole Dollars)
300,000 S.F.
Lawn
3,681
24,769 S.F.
Shrubs and
Ground Cover
521
L.S
rric ation syste
MONTHLY TOTAL (Add Subtotals)
Subtotal
342
4,544
TOTAL ANNUAL COST (x12)
4,544
54,528
FIFTY-FOUR THOUSAND FIVE HUNDRED TWENTY-EIGHT DOLLARS
(PRINT TOTAL ANNUAL COST IN WORDS)
Revised
EXTRA WORK UNIT COST SHEET
Extra Work Description
Supervisor (labor only)
Landscape Maintenance Foreman (labor only)
Landscape Maintenance
......
ce Laborer (labor only)
Unit
Hourly
Hourly
Irrigation Technician (labor only)
Pest Control Applicator (labor only)
Inclement Weather Crew (incl. vehicle and equipment)
Hourly
Hourly
Hourly
Emergency After Hours Stand-by Laborer
1 -gallon shrubs
5 -gallon shrubs
15 -gallon shrubs
Price
$75
55 $45
$75
$55
Hourly $55
Hourly
Each
Each
24 inch Box — Palm Tree
New Sod Installation
Existing sod removal/replacement
Re -seeding
Overseeding
Ground Cover
Annual Color
Planter bed mulch
Each
Each
Square Foot
Square Foot
$55
$14
Square Foot
Square Foo
Flat
Turf renovation (including dethatches, overseed, top dress) Turf aeration
Dethatch turf
Fertilize turf
Additional Mowing
Flat
CY
SQFT
SQFT
SQFT
$.03
$85
$.053
$.025
SQFT
SQFT
Decomposed Granite maintenance (scarify 4" deep, add
granite and binder as needed, level, rake and compact
Pop up Sprinkler in Place
4"
6"
12"
23 Square Foot
Each
Each
Each
$.025
$.02
$.012
$.02
$25
$30
$35
Extra Work Description
Pop-up Gear dive Sprinkler in Place
4"
6"
12"
Flat of ground cover in place
4 -inch pot annual/perennial color
24 Unit Price
Each
Each
Each
Each
Each
$35
$40
$45
$5
$7
ACC71R1J)
CERTIFICATE OF LIABILITY INSURANCE
DATE(MM/DD/YYYY)
09/20/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Aon Risk Services central, Inc-.
Philadelphia PA office
100 North 18th Street
16th Floor
Philadelphia PA 19103 USA
INSURED
BrightView Landscape Services, Inc.
Location #32810
17813 South Main Street #105
Gardena CA 90248 USA
CONTACT
NAME:
PHONEmm
(A/C. No. Ext) 1866) 283-7722
,.,,....EMAIL _. . . . . .
ADDRESS:
vc. No.): (800) 363-0105
INSURER(S) AFFORDING COVERAGE
'... INSURER A:
IN
URER B:
INSURER C:
INSURER D:
ACE American Insurance Company
American Guarantee & Liability Ins Co 26247
NAIC #
22667
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 570108251481 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested LTF
A,
X
TYPE OF INSURANCE
COMMERCIAL GENERAL LIABILITY
4 I CLAIMS -MADE OCCUR
GEN'L AGGREGATE LIMITAPPLIES PER:
POLICY
OTHER:
JPROT- E LOC
EC
I IN O \WD'.
POLICY NUMBER
XSLG-47317551
SIR applies per policy terms & condi(ions
D
Of
V
Pl
MIDD
U
EACH OCCURRENCE
DARenGf;L1
PREMISES I;Ea occurrence}
MED EXP (Any one p
2,000,000
2,000,000.
--- $10,000
2,000,000'
5,000,000
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS-COMP/OP AGG
000,000
AUTOMOBILE LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
HIRED AUTOS
ONLY
SCHEDULED
AUTOS
NON -OWNED
.._,.'... AUTOS ONLY
SA H10719999 10/01/202410/01/2
2 5 COMBINED SINGLE LIMIT
J'Fa. accident}
BODILY INJURY ( Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE
_Per acodenlb...
$5,000,000
X
UMBRELLA LIAB
EXCESS LIAB
BED
X
RETENTION
X I OCCUR
CLAIMS -MADE
240508596820 10/01/2024]10/01/202
SIR applies per policy terms & condi ',.ions
EACH OCCURRENCE
AGGREGATE
$3,000,000
$3,000,000
A
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
tt yes, describe under
DESCRIPTION OF OPERATIONS below
Y/N
N
N/A
WLRC72633660
WC - AOS
5CFc72633702
WC - WI
10/01/2024
10/01/2024
10/01/2025
10/01/2025
PER STATUTE 1 IOT
ER
E.L. EACH ACCIDEN
E.L. DISEASE -EA E
$2,000,000
$2,000,000
$2,000,000
E.L. DISEASE -POLICY LIMIT
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: Job No. 3281007. city of Bell Gardens, City of Bell Gardens Successor Agency to The Community Development Comission, City of Bell Gardens at the Bell Gardens sports Center 8000 Park Ln, city of Bell Gardens officials, its officers, employees, attorneys, volunteers and agents are included as Additional Insured in accordance with the policy provisions of the General Liability policy.
CERTIFICATE HOLDER
City of Bell Gardens
7100 Garfield Ave.
Bell Gardens CA 90201 USA
ACORD 25 (2016/03)
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
5/2
©1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
U
POLICY NUMBER: XSL G47317551 001
COMMERCIAL GENERAL LIABILITY
CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIO AL I SUED
CO TRACT S - C
E' S, LESSEES O
PLETED OPE TI s S
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Any person or organization whom you have agreed to
include as an additional insured under a written
contract, provided such contract was executed prior to
the date of loss.
Location And Description Of Completed Operations
All locations where you perform work for such
additional insured pursuant to any such written
contract.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products -completed operations
hazard".
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
CG 20 37 04 13
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.
© Insurance Services Office, Inc., 2012
POLICY NUMBER: XSL G47317551 001 Endorsement Number: TBD
COMMERCIAL GENERAL LIABILITY
CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
A. DITIONAL I SURED - DESIGNATED
PERSO OR O "GA IZATIO
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss.
Information required to complete this Schedule, if no
A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
1. In the performance of your ongoing operations;
or
2. In connection with your premises owned by or
rented to you.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
CG 20 26 04 13
hown above, will be sho
n in
the Declarations.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
O0 Insurance Services Office, Inc., 2012
SCHEDULE OF NAMED INSUREDS
Named Insured
BrightView Landscapes, LLC
Policy Symbol
XSL
Policy Number
G47317551 001
Policy Period
10/01/2024 to 10/01/2025
Issued By (Name of Insurance Company)
ACE American Insurance Company
Endorsement Number
TBD
Effective Date of Endorsement
10/01/2024
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
The Named Insured shown in the Declarations is amended to read as follows:
BrightView Landscapes, LLC
BrightView Landscape Services, Inc.
BrightView Tree Care Services, Inc.
BrightView Golf Course Maintenance, Inc.
BrightView Enterprise Solutions, LLC
BrightView Companies, LLC
BrightView Chargers, Inc.
BrightView Landscape Services, Inc, dba Marina Landscape Maintenance BrightView Tree Care Services, Inc dba Urban Tree Care (formerly known as Urban Tree Care) BrightView Landscape Services, Inc. dba Girard Environmental Services BrightView Landscapes, LLC dba Cutting Edge Property Maintenance as well as any organization other than a partnership or joint venture, and over which you or your subsidiary currently maintain ownership or majority interest provided there is no other similar insurance available to that organization; and any other organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership or majority interest, provided:
a) there is no other similar insurance available to that organization; and b) you notify us of such acquisition not later than 60 days after the end of the policy period.
As respects newly acquired or formed organizations:
1. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and
2. Coverage B does not apply to "personal injury" or "advertising injury" arising out of an offense committed before you acquired or formed the organization.
No person or organization is an insured with respect to the conduct of any current or past joint venture that is not shown as a Named Insured on this schedule.
LD-12992a (08/04)
Authorized Agent
Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 1
EXHIBIT "B"
OCTOBER 2025 QUOTE
5
17813 S Main St #1,05
Gasdena, CA 8 "" ..'
Phone: (951) 406-$904
E tt: avrd. arig tV ° ,I.
. .. liiih
A�.
Prepared for
Bernardo:..In, ,''r a ::.....
Director of:Public Works/Facitities...
proposal, is ed: 1 /26/25
BrightView
• Dear Bernardo,
• Can behalf of the BrightView tern I would like to personally thank you for the opportunity to submit our proposal to professionally manage .the landscape responsibilities for City of Bell Gardens-- John Anson Ford Park -Regional Aquatics Center.
• We have enjoyed and appreciate the time you have taken to get to know our team and our operation. We have carefully reviewed your specifications and have taken the time to ensure we have de.ve toped a thorough and comprehensive proposal that will suit your properties specific needs, • We have examined every aspect of your site and considered all resources we feel will be required to meet your needs and to exceed your expectations.
• From day one, BrightView provides you with a beautiful„ safe, and healthy landscape that will maintain your
investment, support your needs, and provide a welcoming environment for everyone - employees and visitors.
• The City of Bell Gardens is an exceptional city„ and it is understood that the quality of our landscape presentation arid the thoroughness of our plan are integral to ensuring that we keep you and your site's visitors happy. We
appreciate the opportunity to get to know you, the site, and present you with our custom service solution,
Sincerely.
David Moo
Business Development Executive
BrightView
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Our people create and maintain the best
landscapes on Earth.
We judge our success by the complete satisfaction of our customers.
Every member of your landscape team will strive to earn your trust and loyalty through a proactive relationship in which we consistently perform work of the highest quality with unparalleled responsiveness.
Our ability to offer industry leading standards to our customers is attributed to our quality assurance and continuous improvement programs we have developed over our history.
DESIGN
Forward -thinking, constructible design
that considers future operating costs.
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Thoughtful improvements to enrich
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Our Mission
To create customer value
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Seamless project delivery that meets
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Consistent service delivery and
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Our team members participate in strict quality standards and continuous improvement training to ensure the service you receive is impeccable, efficient, and always excellent.
BrightView Standards of €xceller ce
Our proprietary Standards of Excellence promote best practices among the most common areas of landscape maintenance, enabling us to develop a cohesive, consistent strategy for your property. With a shared commitment and a focus on these standards, we will improve the quality of your landscape maintenance.
Our Standards of Excellence include:
• Site Cleanliness
• Weed Free
• Green Turf
Crisp Edge Beds
• Spectacular Flowers
• Uniformly Mulched Beds
• Neatly Pruned Trees Er Shrubs
Quality Site Assessments
Your partnership with BrightView begins with a promise: quality landscape and client centric customer service. BrightView's formal Quality Site Assessments ensure we keep that promise. Our QSAs deliver:
• A forum for you to share feedback
• Progress updates on our work
• Time set aside to discuss opportunities
• A stronger partnership with you in the management of your landscape
• Accountability that ensures your landscape's success
BrightView
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We consider communication to be the key component of
success with all our clients. That is why we take it very seriously.
Throughout a partnership with BrightView, you can expect that we will deliver effective and proactive communications with you.
We have developed a systematic approach to ensuring that our clients are kept in the loop with all aspects of their landscaping services. We have several resources that we leverage to make sure we keep lines of communication flowing.
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• Your go -to person for everything
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• A knowledgeable and trained
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property shines
• Review expectations
• Business reviews
• Scheduling and mapping services
• Regular visibility with your key
stakeholders
• Two times a year to drive
engagement
Understanding how we are
preforming
• Survey results help us have learn
make changes to meet your
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Questions? Reach out!
Below is a breakdown of the anticipated costs associated with servicing your property. We appreciate the opportunity to present our service offerings.
Please let me know if there are any questions about the services or expenses outlined below.
SCOPE OF WORK — Landscape Maintenance at the
John Anson Ford Park - Regional Aquatics Center:
Monthly Maintenance Price: $2,100/month
BrightView
Your T
' nsition to BrightView
By selecting BrightView, you will find an experienced partner who will provide experts in many disciplines, each dedicated to your needs. In your first 180 days of service, you can reliably expect the following:
• Branch planning meeting
• Identify and mitigate any safety hazards
• Meet your Client Service Team
• Establish communication, reporting
expectations & preferences
• Individual site planning
• Initial site walk-through
• Week 1 Alignment Check
• Week 2 Alignment Check
• 30 Day Alignment Check
• Receive first invoice
• Site walk of facility
• Receive Customer Satisfaction Survey
• Review survey responses with your
Client Service Team
• Align and strengthen areas in need of
improvement
• Site walk of facility with your Client
Service Team
• Review 90 Day Follow-up Partnership
Transition Guide
• Check progress and/or completion of
key site initiatives
• Business Review: Client, Account
Manager, Branch Manager
• Confirmation of team exceeding
expectations, developing partnership
• Review/Update Client Partnership Plan
for following season
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CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
EXCUTIVE SUMMARY
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Bernardo Iniguez, Director of Public Works/Facilities SUBJECT: Consideration of a Resolution Approving a Cooperative Agreement with Horizons Construction Company Int'I, Inc. for the Replacement of the Police Department Parking Lot Gate and Motor
MEETING DATE: November 10, 2025
RECOMMENDATION:
It is staff's recommendation that the City Council:
1. Adopt the attached Resolution approving a Cooperative Agreement with Horizons Construction Company Int'I, Inc. for the replacement of the Police Department parking lot gate and motor; and
2. Authorize the City Manager to execute the agreement and approve change orders that may be necessary during construction to cover any unforeseen condition in an amount not to exceed 10% of the agreement amount; and
3. Appropriate an additional $40,836 in General Funds to cover all construction costs, including contingency.
BACKGROUND / DISCUSSION:
On October 3, 2025, the Police Department's secured parking lot gate sustained significant structural damage in a DUI -related collision. Temporary repairs were made to provide partial functionality; however, the gate needs to be replaced as the impact compromised the gate's mechanical integrity, including the track, frame, and motor.
Cooperative Purchasing through Sourcewell
Under Section 3.04.100(E) of the Bell Gardens Municipal Code, the City's purchasing policy allows for an exception to the purchasing policy when the supplier offers the same or better price, terms and conditions as a supplier offered as the lowest responsible bidder under a competitive procurement conducted by another city or public agency.
Sourcewell (formerly National Joint Powers Alliance NJPA) was created by state law as a service cooperative to provide programs and services to education and government.
As a service cooperative, Sourcewell is a local government unit, public corporation, and
public agency created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to its members.
Participation is open to all levels of a governmental entity, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. The City is a member of Sourcewell, and membership entitles the City to access competitively bid national contracts. Public Works is making use of Sourcewell ezIQC, an Indefinite Delivery, Indefinite Quantity (IDIQ) procurement process from which competitively bid contracts are awarded to contractors. Sourcewell has contracted Gordian to administer the ezIQC program for Sourcewell members around the country. Sourcewell is authorized to establish competitively awarded cooperative purchasing contracts on behalf of itself and its participating agencies. Sourcewell follows the competitive contracting law process to solicit, evaluate, and award cooperative purchasing contracts for goods and services.
On September 12, 2023, Sourcewell issued an Invitation for Bids ("Sourcewell IFB") for Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California (IFB # CA -101723). On October 17, 2023, Horizons Construction Company Int'I, Inc. (Horizons) submitted a bid and on December 1, 2023, Sourcewell and Horizons entered into Contract Number CA-R8-GB-101723-HRZ ("Sourcewell Contract") with an effective date of December 6, 2023, and expiration date of December 5, 2024. On November 15, 2024, the Sourcewell contract was extended to December 5, 2025.
In order to expedite the project, Public Works requested a cost proposal from Horizons under the Sourcewell Contract for the demolition of the replacement of the Police Department parking lot gate and motor (the "Project"). Horizons provided a cost proposal totaling $37,123.62 for the Project, which includes the following scope of work:
• Remove existing sliding gate
• Remove existing gate operator motor
• Furnish and install new sliding gate, includes fabrication • Furnish and install new gate operator motor, includes programming • Furnish and install conduits and wiring for new motor The gate functions as the primary physical control point managing all vehicular and pedestrian access to the facility's secure areas. Immediate repair is critical to restore and maintain a secure perimeter, preventing unauthorized access. Additionally, the gate serves as the main access point for the Police Department and its replacement is necessary to prevent any operational malfunctions that can delay the deployment and response of emergency units and specialized teams.
CONCLUSION:
If the attached Resolution is adopted, staff will process the agreement for signatures and issue a Notice to Proceed with the construction of the Project to Horizons.
FISCAL IMPACT:
This is an unforeseen expenditure that was not included in the FY 25-26 budget. Staff is requesting an appropriation in the amount of $40,836 in general funds to complete these necessary improvements.
It is anticipated that the City will recover some of the cost through an insurance claim with the at -fault driver's insurance provider.
APPROVALS:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services
RESOLUTION NO. 2025-113
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING A PROCUREMENT AGREEMENT
BY AND BETWEEN THE CITY OF BELL GARDENS AND HORIZONS
CONSTRUCTION COMPANY INT'L, INC. FOR THE REPLACEMENT OF
THE POLICE DEPARTMENT PARKING LOT GATE AND MOTOR
WHEREAS, the City of Bell Gardens ("City") Police Department needs a secured parking lot with a functioning security gate; and
WHEREAS, the Police Department's gate sustained significant structural damage in a DUI -related collision; and
WHEREAS, the gate functions as the primary physical control point managing all vehicular and pedestrian access to the facility's secure areas; and WHEREAS, it has been determined that the gate needs replacement as the impact has compromised the gate's mechanical integrity, including the track, frame, and motor; and WHEREAS, under Section 3.04.100(E) of the Bell Gardens Municipal Code, the City's purchasing policy allows for an exception when the supplier offers the same or better price, terms and conditions as a supplier offers the lowest responsible bidder under a competitive procurement conducted by another city or public agency; and WHEREAS, Sourcewell (formerly National Joint Powers Alliance NJPA) is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to its members; and
WHEREAS, on September 12, 2023, Sourcewell issued an Invitation for Bids ("Sourcewell IFB") for Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California (IFB # CA -101723); and
WHEREAS, On October 17, 2023, Horizons Construction Company Int'I, Inc. ("Horizons"), submitted a bid in response to the Sourcewell IFB; and WHEREAS, on December 1, 2023, Horizons and Sourcewell entered into Contract Number CA-R8-GB-101723-HRZ ("Sourcewell Contract") with an effective date of December 6, 2023 and expiration date of December 5, 2024; and WHEREAS, on November 15, 2024, Horizons and Sourcewell extended the term of the Sourcewell Contract for one (1) additional year, extending the term of the contract through December 5, 2025; and
WHEREAS, the City is a member of Sourcewell and membership entitles the City to access competitively bid national contracts; and
Resolution No. 2025-113
WHEREAS, the City Council finds that the City has complied with the procurement processes; and
WHEREAS, the City desires to enter into a procurement agreement with Horizons for the replacement of the Police Department parking lot gate and motor under Sourcewell Contract Number CA-R8-GB-101723-HRZ for a total cost of $37,123.62.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council, after consideration of the staff report and presentation, discussion, oral testimony and evidence presented to the City Council, hereby finds that the above recitals are true and correct and incorporate them herein.
SECTION 2. The City Council finds that the City has complied with local, state and federal requirements for procurement as members of Sourcewell.
SECTION 3. The City Council hereby approves a Procurement Agreement with Horizons Construction Company Int'I, Inc. for the replacement of the Police Department parking lot gate and motor.
SECTION 4. The City Council further authorizes and directs the City Manager to execute the Procurement Agreement with Horizons Construction Company Int'I, Inc., consistent with this Resolution along with any ancillary documents reasonably necessary to effectuate the intent of this Resolution.
SECTION 5. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon approval.
PASSED, APPROVED, and ADOPTED this 10th day of November, 2025.
THE CITY OF BELL GARDENS
Marco Barcena, Mayor
APPROVED AS TO FORM: ATTEST:
Stephanie Vasquez
City Attorney
Daisy Gomez
City Clerk
Resolution No. 2025-113
I, , City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on November 10, 2025, and was approved and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
2025
COOPERATIVE AGREEMENT
(Engagement: Replacement of Police Department Parking Lot Gate and Motor) (Parties: City of Bell Gardens and Horizons Construction Company Int'I, Inc.) THIS COOPERATIVE AGREEMENT (hereinafter, "Agreement") is made and entered into this day of 2025, by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "City") and HORIZONS CONSTRUCTION COMPANY INT'L, INC. (hereinafter, "Contractor"). For the purposes of this Agreement, City and Contractor may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to City or Contractor interchangeably.
RECITALS
WHEREAS, City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; and WHEREAS, City requires replacement of the Police Department parking lot gate and motor; and
WHEREAS, per Section 3.04.100(E) (Exceptions) of Chapter 3.04 (Purchasing System) of the Bell Gardens Municipal Code (hereinafter, "Section 3.04.100"), the purchasing policy may be dispensed with when supplies, services or equipment can be produced from a supplier who offers the same or better prices, terms and/or conditions as the supplier previously offered as the lowest responsible bidder under competitive procurement conducted by another city or public agency; and WHEREAS, on September 12, 2023, Sourcewell (hereinafter, "Sourcewell") issued an Invitation for Bid for Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California, IFB # CA -101723 (hereinafter, "Sourcewell IFB"); and WHEREAS, on October 17, 2023, Contractor submitted a bid; and WHEREAS, on December 1, 2023, Contractor and Sourcewell entered into Contract Number CA-R8-GB-101723-HRZ (hereinafter, "Sourcewell Contract") with an effective date of December 6, 2023, and expiration date of December 5, 2024; and WHEREAS, on November 15, 2024, the Sourcewell contract was extended to December 5, 2025; and
WHEREAS, as authorized under Section 3.04.100(E) of the Bell Gardens Municipal Code, City wishes to avail itself to the opportunity to receive construction services and pricing as provided under the Sourcewell Contract; and WHEREAS, City desires to enter into an agreement with Contractor for construction services for the replacement of the Police Department parking lot gate and
motor, upon the conditions set forth below.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Contractor, agree as follows:
Section 1. DESCRIPTION OF MATERIALS AND SERVICES
A. Subject to all the terms and conditions of this Agreement, Contractor agrees to provide construction services for the replacement of the Police Department parking lot gate and motor, as described in the City's General Provisions (hereinafter, "General Provisions"), which are attached and incorporated hereto as Exhibit "A" and in Contractor's "EZIQC Work Order Number 150006.00" dated November 3, 2025 (hereinafter, the "Quote"), which is attached and incorporated hereto as Exhibit "B". For purposes of this Agreement, the capitalized term "Project" shall refer to the construction services for the replacement of the Police Department parking lot gate and motor. The bid prices charged by Contractor to City for the Project listed in the Quote shall be no greater than the bid prices charged to Sourcewell under the Sourcewell IFB. Except as otherwise provided herein the Project shall, in all respects, meet the specifications for identical Projects set forth under the Sourcewell IFB and shall be subject to all warranties set forth under the Sourcewell IFB and Sourcewell Contract (Collectively referred to as "Sourcewell Documents"). A true and correct copy of the Sourcewell Documents are attached and incorporated hereto as Exhibit "C".
B. Contractor's performance under this Agreement includes all transportation services, labor, material, tools and equipment necessary for Contractor to complete the Project at the location(s) specified by the City Representatives in a good workmanlike manner. Contractor shall not commence the Project until such time as City issues a written notice to proceed (hereinafter, the "Notice to Proceed") with the Project, which notice shall specify the date, time and location, along with such other written instructions as may be provided by the City Representatives.
C. Contractor shall perform all services and tasks contemplated under this Agreement continuously and with due diligence. City shall in no way be responsible for undertaking the Project with its own personnel or any other contracted third -party, nor shall City be responsible for providing Contractor's personnel with training, tools or equipment required to complete the Project. The Project shall be completed within twenty (20) working days of the City's issuance of a written Notice to Proceed.
D. The Project shall be subject to inspection by City and may be rejected by City if the Project does not meet the specifications called for under this Agreement or is otherwise defective. The Project shall be considered accepted upon City's issuance of a written Notice of Acceptance, which shall not be unreasonably withheld or delayed. At any time prior to the issuance of a Notice of Acceptance, City may reject, and demand repairs for the tasks which do not meet the required 2
specifications of the Project and such repairs shall be borne solely and exclusively by Contractor. No payment shall be required until repairs are complete. Prior to the issuance of such Notice of Acceptance, Contractor, at Contractor's sole cost and expense, shall be required to make all such repairs, modifications or corrections to the Project as may be necessary to ensure that the Project is performing in accordance with the agreed specifications.
E. City's acceptance of the Project shall be conditioned upon the final inspection by City, as specified under Section 5 of this Agreement, below, to ensure that the Project satisfies the requirements of the City and is capable of performing in accordance with performance standards set forth in the specifications of the Sourcewell IFB. City reserves the right to direct to repair, at no additional cost to City, any portion of the Project which is determined to be damaged, defective or other non -compliant with such specifications.
Section 2. STANDARD OF CARE
A. Contractor represents, acknowledges and agrees as follows:
1. Contractor shall perform all work and services contemplated under this Agreement skillfully, competently and to the highest standards applicable to the Contractor's field;
2. Contractor shall perform all work in a manner reasonably satisfactory to the City;
3. Contractor shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq. );
4. Contractor understands the nature and scope of the work to be performed under this Agreement as well as any and all schedules of performance;
5. All of Contractor's employees and agents (including but not limited to Contractor's subcontractors and subconsultants) possess sufficient skill, knowledge, training and experience to perform those services and tasks contemplated under this Agreement; and
6. All of Contractor's employees and agents (including but not limited to Contractor's subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement.
The Parties acknowledge and agree that Contractor's acceptance of any work 3
performed by or on Contractor's behalf shall not constitute a release of any defects or damage to the Project undetectable or otherwise unknown to City at the time of acceptance. The Parties further acknowledge, understand and agree that City has relied upon the foregoing representations of Contractor, including but not limited to the representation that possesses the skills, training, knowledge and experience necessary to perform all services and tasks contemplated under this Agreement in a skillful and competent manner.
Section 3. REPRESENTATIVES
A. City Representative. For the purposes of this Agreement, the Agreement administrator and City's representative shall be Bernardo Iniguez, Director of Public Works/Facilities (hereinafter, the "City Representative"). It shall be Contractor's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services and Contractor shall refer any decisions which must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative.
B. Contractor Representative. For the purposes of this Agreement, Kinan Kotrash, Vice President, is hereby designated as the principal and representative of Contractor authorized to act on its behalf with respect to Contractor's performance under this Agreement and to make all decisions in connection therewith (the "Contractor Representative"). Notice to the Contractor Representative shall be written to constitute notice to Contractor.
Section 4. CONTRACTOR'S PERSONNEL
A. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services and tasks required under this Agreement. All such services will be performed by or under its supervision, and all personnel engaged in the work shall possess the qualifications, permits and licenses required by applicable law to perform such services.
B. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by City.
C. In the event that City, in its sole and absolute discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned to perform services pursuant to this Agreement, Contractor shall remove any such person immediately upon receiving notice from City of the desire of City for the removal of such person or persons.
D. Contractor shall be responsible for payment of all employees' and subcontractors' wages and benefits and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. 4
E. Permits and Licenses. Contractor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a City business license.
Section 5. INSTRUCTION ON MAINTENANCE
City's personnel in coordination with Contractor's personnel shall have a period of thirty (30) calendar days from the date the Project completion to run performance tests of the Project in order to determine whether or not the Project meets specifications, is not damaged and is functioning properly. Contractor, during the testing and inspection period contemplated herein, shall also provide City personnel with instruction and training on maintenance of the Project and shall supply City with true and correct copies of all technical specifications, operating manuals and other materials relating to the maintenance and upkeep of the Project. The foregoing shall be in addition to and not in lieu of any training program specified under the Sourcewell Documents. Unless otherwise notified in writing, the Project shall be deemed accepted following the end of the 30 -day testing and instruction period. City's issuance of notification of conditions, circumstances or other factors which make the City unwilling to accept the Project shall toll, the expiration of the 30 -day testing and instruction period as to all Project.
Section 6. WARRANTIES
Contractor shall extend to City all such warranties for the Project provided to Sourcewell under the Sourcewell Documents, subject to the same terms and conditions set forth therein.
Section 7. COMPENSATION
A. Compensation. Contractor shall complete the Project as referenced in the Quote at bid pricing that is no greater than the bid pricing provided to Sourcewell for identical services under the Sourcewell Documents. The foregoing notwithstanding, Contractor's total aggregate compensation for the Project shall not exceed the aggregate sum of THIRTY-SEVEN THOUSAND ONE HUNDRED TWENTY-THREE DOLLARS AND SIXTY-TWO CENTS ($37,123.62)
(hereinafter, the "Not -to -Exceed Amount").
B. As authorized by the City Council at its Regular Meeting of November 10, 2025, and subject to any applicable restrictions set forth under the Bell Gardens Municipal Code as the same may be amended from time to time or applicable State law, City, in its sole and absolute discretion, may authorize expenditures in excess of the Not -to -Exceed Amount without further City Council approval provided such additional expenditures do not cumulatively exceed an amount equal to ten percent (10%) of the Not -to -Exceed Amount. Any such additional expenditures must be approved by the City Manager in writing before they may be incurred. 5
Section 8. SURETY BOND
A. Performance Bond. Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total Not -to -Exceed Sum.
The Performance Bond shall be in a form approved by City. No payment shall be made to Contractor until the Performance Bond has been received and approved by the City or the requirement for the Performance Bond has been waived.
B. Labor and Materials Bond. Contractor shall execute and provide to City concurrently with this Agreement a Labor and Materials Bond in the amount of the Not -to -Exceed Sum. The Labor and Materials Bond shall be in a form approved by City. No payment shall be made to Contractor until the Labor and Materials Bond has been received and approved by the City.
Section 9. PREVAILING WAGES AND GENERAL LABOR COMPLIANCE AND
REPORTING
A. Contractor shall comply with the provisions of the Labor Code applicable to public works, in the manner set forth under this Section. In addition to any other indemnification obligation set forth under this Agreement, Contractor shall indemnify, hold harmless, and defend City concerning any liability arising out of Labor Code Section 1720 et seq.
B. Contractor and any subcontractor performing or contracting any portion of the Project shall comply with all applicable provisions of the California Labor Code for all workers, laborers and mechanics of all crafts, classifications or types, including, but necessarily limited to the following:
1. In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the Project shall constitute a legal day's work under this Contract. Contractor and any subcontractor shall pay workers overtime pay (not less than 1 1/2 times the base rate of pay) as required by California Labor Code Section 1815. Contractor and any subcontractor shall, as a penalty to the City, forfeit Twenty -Five Dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation to the provisions of Article 3 of Chapter 1 of Part 7, Division 2 of the California Labor Code, which is incorporated by this reference as though fully set forth herein.
2. Pursuant to the provisions of California Labor Code Sections 1770 et. seq., Contractor and any subcontractor under Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Pursuant to the provisions of California Labor Code Section 1773.2, Contractor is hereby advised that 6
copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in the locality in which the work is to be performed for each craft, classification, or type of worker required to execute the Agreement, are on file at the Public Works Yard, which copies shall be made available to any interested party on request. Contractor shall post a copy of said prevailing rate of per diem wages at each job site.
C. As required by Section 1773.1 of the California Labor Code, Contractor shall pay travel and subsistence payments to each worker needed to execute the Project, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Section.
D. To establish such travel and subsistence payments, the representative of any craft, classification, or type of workman needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within ten (10) days after their execution and thereafter shall establish such travel and payments.
E. Contractor shall comply with the provisions of Section 1775 of the California Labor Code and shall, as a penalty to City, forfeit up to Fifty Dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract. Contractor shall pay each worker an amount equal to the difference between the prevailing wage rates and the amount paid worker for each calendar day or portion thereof for which a worker was paid less than the prevailing wage rate. Contractor is required to pay all applicable penalties and back wages in the event of violation of prevailing wage law, and Contractor and any subcontractor shall fully comply with California Labor Code Section 1775, which is incorporated by this reference as though fully set forth herein.
F. Contractor and any subcontractor shall maintain and make available for inspection payroll records as required by Labor Code Section 1776, which is incorporated by this reference as though fully set forth herein. Contractor is responsible for ensuring compliance with Labor Code Section 1776 and shall keep accurate payroll records containing all such information as may be called for under Labor Code Section 1776 and other applicable provisions of State law.
G. Contractor and any subcontractors shall, when they employ any person in any apprenticeable craft or trade, apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the work site for a certificate approving Contractor or subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected; and shall comply with all other requirements of Section 1777.5 of the California Labor Code, which is incorporated by this reference as though fully set forth herein. The responsibility of compliance with California Labor 7
Code Section 1777.5 during the performance of this contract rests with CONTRACTOR. Pursuant to California Labor Code Section 1777/, in the event CONTRACTOR knowingly fails to comply with the provisions of California Labor Code Section 1777.5, civil penalties will be assessed. Contractor shall also be subject to California Labor Code Section 1777.1.
H. In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860), and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the California Labor Code, Contractor is required to secure the payment of compensation to its employees and for that purpose obtain and keep in effect adequate Workers' Compensation Insurance and Employers Liability Insurance. If Contractor, in the sole discretion of the City satisfies the City of the responsibility and capacity under the applicable Workers' Compensation Laws, if any, to act as self -insurer, Contractor may so act, and in such case, the insurance required by this paragraph need not be provided. Contractor is advised of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code and shall comply with such provisions and have Employer's General Liability limits of $1,000,000 per accident before commencing the performance of the Work of this Agreement.
The Notice to Proceed with the Project under this Agreement will not be issued, and Contractor shall not commence the Work, until Contractor submits written evidence that it has obtained full Workers' Compensation Insurance coverage for all persons whom it employs or may employ in carrying out the Project under this Agreement. This insurance shall be in accordance with the requirements of the most current and applicable state Workers' Compensation Insurance Laws. In accordance with the provisions of Section 1861 of the California Labor Code, Contractor in signing this Agreement certifies to the City as true the following statement: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement." A subcontractor is not allowed to commence the Project until verification of Workers' Compensation Insurance coverage has been obtained and verified by Contractor and submitted to the Public Work's Director for the City's review and records.
I. In accordance with the provisions of Section 1727 of the California Labor Code, the City, before making payment to Contractor of money due under a contract for public work, shall withhold and retain therefrom all amounts required to satisfy any civil wage and penalty assessment issued by the Labor Commissioner, along with the terms of Chapter 1, Part 7, Division 2 of the California Labor Code (commencing with Section 1720). But no sum shall be withheld, retained or forfeited, except from the final payment, without a full investigation by either the Division of Labor Standards Enforcement or by the City. 8
Section 10. PROHIBITED INTERESTS
Contractor warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the absolute and unfettered right to rescind this Agreement without liability or penalty. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
Section 11. INDEPENDENT CONTRACTOR
Contractor will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute as an agent, servant, or employee of City and shall not and is not intended to create the relationship of partnership, joint venture or association between City and Contractor.
Section 12. RECORDS AND INSPECTION
Contractor shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years. City shall have access, without charge, upon reasonable notice, during normal business hours to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities. This right inspection shall not extend to the makeup of lump sum prices, day rates, or profit margins.
Section 13. CONFLICTS OF INTEREST
Contractor hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with in connection with this project. Contractor hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any City ordinance, state law or federal statute. Contractor agrees that a clause substantially similar to this Section shall be incorporated into any sub -contract that executes in connection with the performance of this Agreement.
Section 14. INDEMNIFICATION
Contractor shall indemnify, defend and hold harmless the City, its elected and appointed 9
officials, commissioners, officers, employees, agents and volunteers for the same types of loss, claims, suits, actions, damages and causes of action to the extent caused by the acts or omissions of Contractor and to the same extent afforded to Sourcewell, Sourcewell's officials, commissioners, officers, agents, employees and volunteers.
Section 15. INSURANCE
Contractor shall, at all times during its period of performance under this Agreement, maintain all policies of insurance at the same coverage levels and of the same type and scope as set forth under Sourcewell Documents.
Section 16. MUTUAL COOPERATION
A. City shall provide all pertinent data, documents and other requested information as is reasonably available for the proper performance of Contractor's services.
B. In the event any claim or action is brought against City relating to Contractor's performance in connection with this Agreement, Contractor shall render any reasonable assistance that City may require.
Section 17. TERMINATION FOR CONVENIENCE; TERMINATION FOR CAUSE A. Termination for Convenience. Prior to the issuance of City's written Notice to Proceed, City may immediately terminate this Agreement, without cause, without liability and free of any charge or cost to City. After the City's issuance of a written Notice to Proceed, City may terminate this Agreement for convenience and without cause upon fifteen (15) days of written notice to Contractor. Such termination for convenience shall be made in writing signed by the City Representative specifying the effective date of such termination. Contractor may only terminate this Agreement for cause. Except as otherwise provided herein, in the event of City's termination of this Agreement for convenience, Contractor shall be compensated for any materials delivered to and accepted by City and for such services performed up to the effective date of the termination.
B. Termination for Cause. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth under subsection 17(C) below, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure 10
period allowed under this Agreement. An Event of Default shall include, but shall not be limited to the following: (i) Contractor's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (ii) Contractor's and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (iii) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to Contractor, whether voluntary of involuntary; (iv) Contractor's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (v) City's discovery that a statement representation or warranty by relating to this Agreement is false or erroneous in any material respect.
C. Contractor shall cure the following Events of Defaults within the following time periods:
1. Within ten (10) calendar days of City's issuance of a Default Notice for any failure to timely provide City or its agents with any information and/or written reports, documentation or work product which Contractor is obligated to provide to City or its agents under this Agreement. Prior to the expiration of the 10 -day cure period, Contractor may submit a written request for additional time to cure the Event of Default upon a showing that it has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10 -day cure period. The foregoing notwithstanding, City shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 10 -day cure period; or
2. Within fifteen (15) calendar days of City's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 15 -day cure period, may submit a written request for additional time to cure the Event of Default upon a showing that has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30 -day cure period. The foregoing notwithstanding, City shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds fifteen (15) calendar days from the end of the initial 15 -day cure period.
If an Event of Default relates to a material falsehood or misrepresentation set forth in the Surfacing specifications that is not susceptible to a cure, City in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver of a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by City.
D. Except as otherwise specified in this Agreement, City shall cure any Event of Default asserted by within thirty (30) calendar days of Contractor's issuance of a 11
Default Notice, unless the Event of Default cannot reasonably be cured within the 30 -day cure period. Prior to the expiration of the 30 -day cure period, City may submit a written request for additional time to cure the Event of Default upon a showing that City has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30 -day cure period.
The foregoing notwithstanding, an Event of Default dealing with City's failure to timely pay any undisputed sums to Contractor shall be cured by City within thirty (30) calendar days from the date of Contractor's Default Notice to City.
E. City, in its sole and absolute discretion, may also immediately suspend Contractor's performance under this Agreement (or the performance of any specific task or function performed by under this Agreement) pending Contractor's cure of any Event of Default by giving written notice of City's intent to suspend Contractor's performance (hereinafter, a "Suspension Notice"). City may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, Contractor shall be compensated only for those services and tasks which have been rendered to the reasonable satisfaction of City up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of City shall operate to prohibit or otherwise restrict City's ability to suspend this Agreement as provided herein.
F. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
G. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to City at law or under this Agreement in the event of any breach of this Agreement, City, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
1. Upon fifteen (15) day written notice to Contractor, the City may terminate this Agreement in whole or in part;
2. Upon written notice to Contractor, the City may extend the time of performance;
3. The City may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for Contractor's breach of the Agreement, obtain specific performance from Contractor or to terminate the Agreement; or
4. The City may exercise any other available and lawful right or remedy.
H. In the event City is in breach of this Agreement, Contractor's sole remedy shall be 12
the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed under this Agreement for completed services and tasks. In no event shall Contractor be entitled to receive more than the amount that would be paid to for the full performance of the services required by this Agreement.
I. No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
Section 18. FORCE MAJEURE
Contractor shall not be liable for any failure to perform if presents acceptable evidence, in City's reasonable judgment, that such failure was due to causes beyond the control and without the fault or negligence of Contractor. In the event that a FORCE MAJEURE event materially increases the Contractor's costs of performance hereunder, then City shall make an equitable contribution to all such increased costs of performance to the extent that such costs are not covered by Contractor's insurances.
Section 19. 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 or overnight courier service during Contractor and City's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing.
If to CITY: If to CONTRACTOR:
City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: Bernardo Iniguez,
Director of Public Works/Facilities
562-806-7770
Horizons Construction Company Intl, Inc.
432 W. Meats Avenue
Orange, CA 92865
Attn: Kinan Kotrash, Vice President
714-626-0000
Section 20. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY In the performance of this Agreement, Contractor shall not deny the contract's benefits to any person on the basis of nor shall they discriminate unlawfully against any employee, subcontractor, or applicant for employment because of: race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, genetic information, gender, gender identity, gender expression, sexual orientation, or military and veteran status or other basis prohibited by law. Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and 13
that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
Section 21. PROHIBITION AGAINST ASSIGNMENT
Contractor shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City's prior written consent, which shall not be unreasonably withheld or delayed and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Contractor.
Section 22. ATTORNEY FEES
In the event that City or Contractor commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees.
Section 23. ENTIRE AGREEMENT
All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. Except as expressly provided in this Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail and control. This instrument contains the entire Agreement between City and Contractor with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties. Any modification of this Agreement will be effective only if it is in writing and executed by both City and Contractor.
Section 24. GOVERNING LAW; JURISDICTION
This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.
Section 25. SEVERABILITY
Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.
Section 26. AMENDMENT; MODIFICATION
No amendment, modification or supplement of this Agreement shall be valid or binding 14
unless executed in writing and signed by both Parties, subject to City approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid.
Section 27. CAPTIONS
The captions used in this Agreement are solely for reference and the convenience of the parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein.
Section 28. AUTHORIZATION
Both parties represent and warrant that the person executing this Agreement on behalf of each party is an authorized agent who has actual authority to bind each party to each and every term, condition, and obligation of this Agreement and that all requirements of each party have been fulfilled to provide such actual authority.
Section 29. SURVIVAL OF PROVISIONS AND OBLIGATIONS
Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.
Section 30. EXECUTION
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. One fully executed original counterpart will be delivered to Contractor and two original counterparts will be retained by City. [SIGNATURES ON FOLLOWING PAGE]
15
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF BELL GARDENS HORIZONS CONSTRUCTION COMPANY
INT'L, INC.
By: By:
Michael B. O'Kelly, City Manager
Date: Date:
APPROVED AS TO FORM:
By:
Stephanie Vasquez, City Attorney
16
EXHIBIT "A"
GENERAL PROVISIONS
17
EXHIBIT A
GENERAL PROVISIONS
Section I — General
1-1 Location and Description of Work
The work shall be performed at 7100 Garfield Avenue (work site), all of which is known as the replacement of the Police Department parking lot gate and motor (the "Project").
The work will be as described in Vendor's Work Order and engineering plans. All work shall be performed according to the requirements in the "General Provisions," engineering drawings and Vendor's Work Order. The image below illustrates the Project limits
Gar e ,
Police D,ep rnem:
Bell' Gardens
'Planning 1!ep
1-2 to 1-4. Intentionally left blank.
1.5 Record Drawings
If applicable, Vendor shall have on file a minimum of one (1) set of Construction Drawings, hereinafter referred to as "RECORD DRAWINGS," upon which he/she shall record all variations between the work as built and as originally shown on the Construction Drawings or other Contract Documents. Said record drawings shall be supplemented by any detailed sketches as necessary or as directed by the Director of Public Works/Facilities ("Director") to indicate fully the work as actually constructed. Said record drawings shall be kept at the job site and shall be accessible at all times during the construction period and shall be delivered to the Director within ten (10) days after completion of the work.
1-5 to 1-15. Intentionally left blank.
1-16 Site Conditions and Restrictions
1-16.1 "Time of Completion":
(1) The Vendor shall perform no Work on days other than Working Days or outside of normal working hours (defined as the hours between 7:00 a.m. to 5:00 p.m.) without the consent of the Director, unless otherwise specified. In any event, all Work shall be subject to approval of the Director. Before starting such work, the Vendor shall make arrangements with the Director for the continuous or periodic inspection of the work and tests of materials, when necessary. If the Vendor requests permission to perform Work outside of the above time periods and if the City grants such request, the Vendor shall pay all extra expense to the City for inspection and other incidental expenses caused by such overtime Work. If the City requests the Vendor to work overtime or if overtime Work is specifically required by these Specifications, the City will pay all extra expense of inspection.
(2) If the Vendor finds it necessary, in order to complete the work according to schedule, to perform certain of its operations outside of Working Days or normal working hours, these operations shall be performed as part of the Work included in the Contract Price and shall not constitute a basis for additional payments. 1-16.2 Access for emergency vehicles throughout the Project shall be maintained at all times.
1-17. Intentionally left blank.
1-18 Traffic Control and Access
1-18.1 The Vendor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition.
1-18.2 The Vendor shall maintain two-way traffic on all streets at all times. Lane closures permitted with the prior approval of the Director and shall conform to Caltrans or WATCH Manual guidelines.
1-18.3 The Vendor shall maintain all travel lanes open during non -work hours except as may be allowed at the Agency's convenience and discretion to expedite the work. 1-19 Protection and Restoration of Existing Improvements Whenever, in the opinion of the Director, an emergency exists against which the Vendor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Vendor's operations and when, in the opinion of the Director, immediate action shall be considered necessary in order to protect the public or property due to the Vendor's operations under this Agreement, the Director will order the Vendor to provide a remedy for the unsafe condition. If the Vendor fails to act on this situation within a reasonable time period, the City will provide suitable protection of said interests by causing such work to be done and material to be furnished as may seem reasonable and necessary at the expense of the Vendor.
1-19.1 "Responsibilities of the Vendor"
(1) The Vendor shall become familiar with all existing improvements and facilities, both public and private, on the Work site and provide adequate safeguards to prevent damage to existing structures and improvements. The Vendor shall repair any damage to property from any cause that might have been prevented by the Vendor, the Vendor's employees, agents or subcontractors within five calendar days after such damage occurs, at the Vendor's sole cost and expense. The Vendor shall repair water service breaks the same day. In the event that the Vendor fails to repair such damages, the City will make the repairs, or cause them to be made, and will deduct the cost of repairs from the money due or to become due to the Vendor.
(6) In accordance with the requirements of Section 21464 of the Vehicle code of the State of California, no person shall without lawful authority remove any official traffic control device, guidepost or signpost placed or erected as authorized or required by law.
Therefore, the Vendor shall not remove or relocate any such existing traffic control device, guidepost or signpost located within the alignment of or interfering with the new construction work required herein without first obtaining permission to do so from the Police Department of the City of Bell Gardens.
1-20 Claim Notification
If the Vendor should claim that any instruction, request, drawings, specification, action, condition, omission, default, or other situation obligates the City to pay additional compensation to the Vendor or to grant an extension of time for the Completion of the Contract, or constitutes a waiver of any provision in the contract, it shall notify the Director, in writing, of such claim within 10 days from the date he has actual or constructive notice
of the factual basis supporting the claim. The Vendor's failure to notify the Director within such ten (10) day period shall be deemed a waiver and relinquishment of the claim against the City.
1-21 Specification Changes
No changes, additions or deletions will be made to these specifications and plans unless directed by the Director.
1-22 to 1-23 — Intentionally left blank.
1-25. Intentionally left blank.
1-26 Superintendence by Vendor
The Vendor shall designate by letter to the Director a competent superintendent, satisfactory to the Director and with authority to act for the Vendor. The designated superintendent shall be on the job site at all times during performance until the work is completed and accepted by the City. Work will not be performed in the absence of a competent superintendent. Should a change in the job superintendent be necessary, the Director shall be notified by letter.
1-27 Clean -Up
Clean-up shall be made as each portion of work progresses. Refuse and excess dirt shall be removed from the site, all walks and paving shall be broomed daily, and any damage sustained on the work of others shall be repaired to original conditions. WASH DOWNS ARE PROHIBITED.
1-28 Removal and Disposal of Materials
All materials removed shall become the property of the Vendor and shall be disposed of outside the right-of-way unless otherwise specified. Materials that are removed shall be disposed of in a legal manner by the Vendor. The Vendor shall make its own arrangements for disposing of materials and it shall pay all costs involved. It is the Vendor's responsibility to inform the City of any environmentally impacted material. The cost of Removing and Disposing of Materials that are not environmentally impacted shall be included in the various Contract items of Work and no additional compensation will be allowed, therefore. All construction debris is to be disposed of in accordance with the City of Bell Gardens Recycling Policy. The contactor shall be responsible for the payment of any deposits to the City of Bell Gardens, as part of the Recycling Policy. Please note that such deposits are refundable only after the Vendor has provided the required documentation to substantiate compliance with the Recycling Policy.
1-29 to 1-32. Intentionally left blank.
1-33 Public Convenience, Public Safety, Signing and Traffic Control
1-33.1 The Vendor shall not close traffic lanes on arterial streets before 8:30a.m. or after 3:30 p.m. without consent of the Director.
1-33.2 Intentionally left blank.
1-35 Removal and Disposal of Materials
All materials removed shall become the property of the Vendor. Materials that are removed shall be disposed of in a legal manner by the Vendor. The Vendor shall make its own arrangements for disposing of materials and it shall pay all costs involved. The cost of Removing and Disposing of Materials shall be included in the various contract items of work and no additional compensation will be allowed, therefore. 1-36. Intentionally left blank.
(1) 1-38. Intentionally left blank.
1-40 Materials and Workmanship
1-40.1 "Protection of Work and Materials":
a. The Vendor shall remove and replace materials damaged by the Vendor's operations at the Vendor's sole expense before the final inspection and acceptance. (2) "Test of Materials":
a. The Vendor shall submit samples of materials, at the Vendor's sole expense, as the Director may require, 15 days in advance of being incorporated in the Work to a testing laboratory designated by the City.
b. Samples of materials to be tested shall be properly identified and shall establish exact nature and character of materials. The City may reject any material or part thereof that proves defective as a result of testing and requires satisfactory replacement. (3) "Trade Names or Equals":
a. Where a specific manufacturer is noted on the Plans or listed in the Specifications, unless otherwise noted, an "approved equal" item may be substituted. b. If a Bidder desires to bid an" approved equal" item, the Bidder shall submit a request to do so to the Director in writing by the time and as shown in the Instructions to Bidders. 1-41. Intentionally left blank.
1.42 Air Pollution Control
The Vendor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any Work performed pursuant to the Contract, including any air pollution control rules, regulations, ordinances and statutes, specified in Section 11017 of the Government Code. In the absence of any applicable air pollution control rules, regulations, ordinances or statues governing solvents, all solvents, including but not
limited to the solvent portions of paints, thinners, curing compounds, and liquid asphalt used on the Project shall comply with the applicable material requirements of the South Coast Air Quality Management District (SCAQMD). All containers of paint, thinner, curing compound or liquid asphalt shall be labeled to indicate that the contents fully comply with said requirements. Material to be disposed of shall not be burned, either inside or outside of the premises. The provisions of Section 300-1.3, "Removal and Disposal of Materials", of the SSPWC permitting disposal of material by burning shall not apply. 1-43 Completion, Acceptance and Warranty
1-43.1 (1) Upon acceptance by the Director, the Director will file a Notice of Completion with the Los Angeles County Registrar -Recorder. The date the Notice of Completion is filed will be the date of acceptance of the Work and the date the Vendor is relieved from responsibility to protect the Work.
(2) The acceptance of the Work or the payment of any money by the City shall not operate as a waiver of any provision of the Agreement, or of any power reserved to the City, or of any right to damages or indemnity provided in the Agreement. The waiver of any breach of the Agreement, or any default hereunder, shall not be held to be a waiver of any other or subsequent breach or default.
(3) The Vendor shall guarantee all Work against failure due to defective materials and faulty workmanship for a period of 1 year after the date of acceptance of the Work by the City, unless some longer period is expressly set forth in any manufacturer's warranty or within the Specifications.
(4) When the City discovers defective material or workmanship that requires repair or replacement under guarantee, the Vendor shall furnish all necessary labor, materials, and equipment to correct and make good, at no expense to the City, all such defects. The Vendor shall commence repair or replacement within 24 hours after receiving written notice from the Director, and diligently and continuously perform the Work until the repair or replacement is completed and the City has accepted it. 1-44. Intentionally left blank.
1-45 Storage of Equipment and Materials
It shall be the Vendor's responsibility to locate any storage sites for materials and equipment needed and such sites must be approved in advance by the Director, and must be free of objectionable material. The Vendor must submit to the Director for approval any and all agreement(s) between the Vendor and the property owner(s) of said storage site(s) and/or construction site(s) for approval prior to the start of construction. Said agreement(s) must provide for the restoration of the site(s) by the Vendor prior to the filing of "Notice of Completion" by the Director. Stockpiling or storage of materials on any public right-of-way or parking areas will not be permitted without the approval of the Director.
Materials spilled along or on said right-of-way or parking areas shall be removed completely and promptly. All stockpile and storage areas shall be kept in a safe, neat,
clean, and orderly fashion, and shall be restored to equal or better than original condition upon completion of the Work
Vendor shall only use a haul route approved in writing by the Director. The Vendor shall keep the work site as well as the route to and from the disposal site clean at all times.
The Vendor shall immediately remove and haul away all materials included in the various items of removals.
1-46 Work Site Maintenance
1-46.1 "Responsibilities of the Vendor";
(1) "General":
a. The Vendor shall include all cleanup costs in its Bid. The City will make no additional payment for this work.
(2) "Noise Control":
a. The Vendor shall keep the noise level resulting from Work operations to a minimum at all times, especially during the morning hours.
b. Noise control is subject to the provisions of Bell Gardens Municipal Code section 16.24, "Noise Regulation."
(3) "Water Pollution Control":
a. Best Management Practices (BMPs) shall be defined as any program, technology, process, operating method, measure, or device that controls, prevents, removes, or reduces pollution.
b. At a minimum, the Vendor shall implement the following BMPs in conjunction with the Work:
Title
Number
General Site Management
Water Conservation
NS -1
Vehicle and Equipment Cleaning
NS -8
Vehicle and Equipment Fueling
NS -9
Vehicle and Equipment Maintenance
NS -10
Employee/Subcontractor Training
--
Construction Materials and Waste Management
Material Delivery and Storage
WM-1
Material Use
WM-2
Spill Prevention and Control
WM-4
Solid Waste Management
WM-5
Hazardous Waste Management
WM-6
Concrete Waste Management
WM-8
Erosion/Sediment Control
Storm Drain Inlet Protection
SE -10
c. A description of each BMP is included in these Specifications. The Vendor shall have at least two readily accessible copies of these descriptions at the Work site at all times. d. The Vendor shall continuously implement BMPs during the Work. The Vendor shall implement BMPs for erosion control and sedimentation during the period from October 15th to April 15th and whenever the National Weather Service predicts rain within 24 hours.
e. The Vendor shall conduct all aspects of the Work performed pursuant to these Plans and Specifications in accordance with all state and federal laws and regulations, including but not limited to all environmental laws and regulations, Order No. 99-060 of the California Regional Water Quality Control Board, Los Angeles Region ("Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges within the City of Bell Gardens) and related BMPs. The City will deduct from the money due or to become due to the Vendor the total amount of any fines levied on the City, plus legal and staff costs, as a result of the Vendor's failure to comply with these provisions or less than complete implementation of the specified BMPs. In addition, the Vendor shall defend, indemnify, and hold the City harmless for any liability, loss, damage, fines, penalties, actions, costs and expenses related to the Vendor's (or its subcontractor's) failure to comply with these laws and regulations.
f. Full payment for the implementation of BMPs, including the construction, removal, and furnishing of all necessary labor, equipment, and materials, shall be considered as included in the unit prices bid for the various items of work or the lump sum bid (as the case may be), and no additional payment will be made.
1-47 Protection and Restoration of Existing Improvements 1-47.1
(1) The Vendor shall become familiar with all existing improvements and facilities, both public and private, on the Work site and provide adequate safeguards to prevent damage to existing structures and improvements. The Vendor shall repair any damage to property from any cause that might have been prevented by the Vendor, the Vendor's employees, agents or subcontractors within five calendar days after such damage occurs, at the Vendor's sole cost and expense. In the event that the Vendor fails to repair such damages, the City will make the repairs, or cause them to be made, and will deduct the cost of repairs from the money due or to become due to the Vendor. (2) through (5). Intentionally left blank.
(6) In accordance with the requirements of Section 21464 of the Vehicle code of the State of California, no person shall without lawful authority remove any official traffic control
device, guidepost or signpost placed or erected as authorized or required by law.
Therefore, the Vendor shall not remove or relocate any such existing traffic control device, guidepost or signpost located within the alignment of or interfering with the new construction work required herein without first obtaining permission to do so from the Police Department of the City of Bell Gardens.
EXHIBIT "B"
QUOTE
18
Work Order Signature Document
EZIQC Contract No.: CA-R8-GB-101723-HRZ
x
Work Order Number.: 150006.00
Work Order Title:
Owner Name:
Contact:
Phone:
New Work Order
PD Gate and Motor Replacement
City of Bell Gardens
Modify an Existing Work Order
Work Order Date: 11/03/2025
Contractor Name: Horizons Construction Co. Intl, Inc.
Bernardo Iniguez
562-806-7770
Contact:
Phone:
Kinan Kotrash
(714) 626-0000
Work to be Performed
Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of Sourcewell EZIQC Contract No CA-R8-GB-101723-HRZ.
Brief Work Order Description:
Bell Gardens PD station parking lot gate and gate motor replacement.
Time of Performance Estimated Start Date:
Estimated Completion Date:
Liquidated Damages
Will apply:
Will not apply:
x
Work Order Firm Fixed Price: $37,123.62
Owner Purchase Order Number:
Approvals
City of Bell Gardens
Date Horizons Construction Co. Int'I, Inc.
Date
Work Order Signature Document
11/3/2025
Detailed Scope of Work
To: Kinan Kotrash
Horizons Construction Co. Int'I, Inc.
432 W. Meats Ave.
Orange, CA 92865
(714) 626-0000
From: Bernardo Iniguez
City of Bell Gardens
8327 Garfield Ave
Bell Gardens, CA 91201
562-806-7770
Date Printed: November 03, 2025
Work Order Number: 150006.00
Work Order Title: PD Gate and Motor Replacement
Brief Scope: Bell Gardens PD station parking lot gate and gate motor replacement.
Preliminary
Revised
X
Final
The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work.
Detailed Scope
• Remove existing sliding gate
• Remove existing gate operator motor
• Furnish and install new sliding gate, includes fabrication • Furnish and install new gate operator motor, includes programming • Furnish and install conduits and wiring for new motor Subject to the terms and conditions of ezIQC Contract CA-R8-GB-101723-HRZ.
Horizons Construction Co. Intl, Inc. Date
City of Bell Gardens Date
Scope of Work Page 1 of 1
11/3/2025
Contractor's Price Proposal - Summary
Date: November 03, 2025
Re: IQC Master Contract #:
Work Order #:
Owner PO #:
Title:
Contractor:
Proposal Value:
CA-R8-GB-101723-HRZ
150006.00
PD Gate and Motor Replacement
Horizons Construction Co. Intl, Inc.
$37,123.62
Section - 01 $11,302.95
Section - 02 $1,200.63
Section - 03 $517.47
Section - 09 $568.56
Section - 11 $1,319.81
Section - 26 $3,125.58
Section - 32 $19,088.62
Proposal Total
Thisl total represents the correct total for the proposal. Any discrepancy between line totals, sub -totals and the proposal total is due to rounding.
The Percentage of NPP on this Proposal:
$37,123.62
Contractor's Price Proposal - Summary Page 1 of 1
11/3/2025
Contractor's Price Proposal - Detail
Date: November 03, 2025
Re: IQC Master Contract #: CA-R8-GB-101723-HRZ
Work Order #: 150006.00
Owner PO #:
Title: PD Gate and Motor Replacement
Contractor: Horizons Construction Co. Intl, Inc.
Proposal Value: $37,123.62
Sect. Item Mod. UOM Description Line Total
Labor Equip. Material (Excludes)
Section - 01
1 01 22 16 00 0002
EA Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible costs as directed by Owner. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee. If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt, invoice, or proof of payment shall be submitted with the Price Proposal.
Quantity Unit Price Factor
Installation -
726.50
Bond and insurance 2%
$36,324.47 x 0.02 = $726.5
x
1.00 x
1.1000
Total
799.15
$799.15
2 01 22 20 00 0010
HR ElectricianFor tasks not included in the Construction Task Catalog® and as directed by owner only.
Quantity Unit Price Factor Total
Installation 32.00 x 125.30 x 1.0300 4.129.89
2 electrician for 2 days for programming of the new motor for gate, isolating, verifying zero voltage and restoring power after lock out and tag out
$4,129.89
3 01 22 23 00 1212
DAY 5,000 Lb. Capacity, Telescopic Boom, Hi -Reach, Rough Terrain Construction Forklift With Full -Time Operator
Quantity Unit Price Factor
Installation 2.00 x 1,604.88 x 1.0300
Forklift for 2 day for handling of gate operator and new sliding gate Total
3,306.05
$3,306.05
4 01 22 23 00 1619
DAY 4 CY Rear Dump Truck With Full -Time Truck Driver
Quantity Unit Price
Installation 2.00 x 1,254.21
dump truck for 2 days for hauling away demo materials
x
Factor Total
1.0300
2,583.67
$2,583.67
5 01 71 13 00 0002
EA First 25 Miles, Equipment Delivery, Pickup, Mobilization And Demobilization Using A Rollback Flatbed Trucklncludes loading, tie -down of equipment, delivery of equipment, off loading on site, rigging, dismantling, loading for return and transporting away. For equipment such as trenchers, skid -steer loaders (bobcats), industrial warehouse forklifts, sweepers, scissor platform lifts, telescoping and articulating boom man lifts with up to 40' boom lengths, etc.
Installation
delivery of forklift
Quantity
1.00 x
Unit Price
470.09
x
Factor
1.0300
Total
484.19
$484.19
Subtotal for Section - 01 $11,302.95
Section - 02
6 02 41 19 13 0058
EA Saw Cut Minimum ChargeFor projects where the total saw cutting charge is less than the minimum charge, use this task exclusively. This task should not be used in conjunction with any other tasks in this section.
Quantity Unit Price Factor
Installation 1.00 x 1,165.66 x 1.0300
saw cut asphalt as necessary for tracks
Total
1,200.63
$1,200.63
Subtotal for Section - 02 $1,200.63
Contractor's Price Proposal - Detail Page 1 of 3
11/3/2025
Contractor's Price Proposal - Detail Continues..
Work Order Number: 150006.00
Work Order Title: PD Gate and Motor Replacement
Section - 03
7 03 31 13 00 0091
SF 4" Equipment Pad With RebarAssembly
Quantity Unit Price
Installation
20.00 x 25.12 x
concrete pad for new motor
Factor
1.0300
Total
517.47
$517.47
Subtotal for Section - 03 $517.47
Section - 09
8 09 91 13 00 0415
SF 2 Coats Paint, Brush/Roller, Paint Existing Chain Link Fence Quantity Unit Price
Installation 300.00 x 1.64 x
paint new sliding gate to match existing
Factor Total
1.0300
506.76
$506.76
9 09 91 13 00 0415 0243
For >250 To 500, Add
Quantity
Installation 300.00
x
Unit Price
0.20 x
Factor Total
1.0300
61.80 $61.80
Subtotal for Section - 09 $568.56
Section -11
10 11 12 33 13 0026
EA 36" Tall, Gooseneck Style, Single Mount, 2" x 2" Steel, Exterior Mounting Post For Gate Operator Access Controls (Federal APD)Includes mounting plate and hardware. Excludes concrete foundation.
Quantity Unit Price Factor
Installation 1.00 x 1,281.37 x 1.0300
Gooseneck pedestal for keypad
Total
1,319.81
$1,319.81
Subtotal for Section - 11 $1,319.81
Section - 26
11 26 01 20 91 0002
EA Lock Out/Tag Out Local DisconnectExcludes tag or padlock See CSI section 26 01 20 91-0004 for padlock, 26 01 20 91-0005 for tag(s).
Quantity Unit Price Factor
Installation 2.00 x 45.46 x 1.0300
Lock out and tag out the existing circuits for gate motor Total
93.65 $93.65
12 26 05 19 13 0011
EA Floor Mounted Box With Cover
Quantity
Installation
2.00 x
Unit Price
237.60
install and furnish 2 pull box for existing conduits and cables x
Factor Total
1.0300
489.46
$489.46
13 26 05 33 13 0012
CLF 3/4" Electrical Metallic Tubing (EMT) Conduit Assembly With 4 #12 Copper THHN And 1 #12 Copper Insulated Grounding Conductorincludes conduit, set screw connectors, set screw couplings, straps, wire as indicated. Not for use where detail is available.
Quantity Unit Price Factor
Installation 2.00 x 1,234.21 x 1.0300
new conduits and cables for new motor
Total
2,542.47
$2,542.47
Subtotal for Section - 26 $3,125.58
Section - 32
14 32 01 17 63 0018
EA Asphalt Placement For Small Repair Areas, Cold Mix Modified, Up To 3 TonsFor small areas of existing asphalt is removed to allow work such as trenching across or in a road, excavating a drainage structure, uncovering a utility line, etc.
Quantity Unit Price Factor
Installation 1.00 x 2,592.28 x 1.0300
Asphalt patches around new v track anchors
Total
2,670.05
$2,670.05
Contractor's Price Proposal - Detail Page 2 of 3
11/3/2025
Contractor's Price Proposal - Detail Continues..
Work Order Number: 150006.00
Work Order Title: PD Gate and Motor Replacement
Section - 32
15 32 31 11 00 0025
EA 3,000 Lb. Capacity, Up To 100' Wide Gate, 1 HP Motor, 115 Volt AC, Sliding Gate Operator (DKST"" DoorKing® 9210)Includes operator, chain brackets, hardware and 20' of #50 chain.
Quantity Unit Price Factor
Installation 1.00 x 4,344.77 x 1.0300
Demolition 1.00 x 348.62 1.0300 =
Commercial slide gate operator 1 hp 115v
Total
4,475.11
359.08
$4,834.19
16 32 31 11 00 0036
EA Post Mount Base Plate For Gate Actuators And Operators (DKST" DoorKing® 9310)
Quantity
Installation
1.00 post mount base plate for gate operator
Unit Price
616.50 x
Factor Total
1.0300
635.00
$635.00
17 32 31 13 13 0595
EA 18' Long x 8' High Chain Link Galvanized Steel Sliding Gate Installation
Demolition
17' x 7'10" sliding gate
Quantity
1.00 1.00
Unit Price
6,911.14
1,143.80
x
Factor
1.0300
1.0300 =
Total
7,118.47
1,178.11
$8,296.59
18 32 31 13 13 0595 0285
For Vinyl Coated, Add
Quantity
Installation
1.00 x
Unit Price
1,387.08
x
Factor
1.0300
Total
1,428.69
$1,428.69
19 32 31 13 13 0658
LF Galvanized Steel V -Groove Gate Track $950.90
Installation
V -track for gate
Quantity
20.00 x
Unit Price
46.16 x
Factor Total
1.0300
950.90
20 32 31 13 13 0732
EA Sliding Gate Roller Assembly Replacement $273.20
Installation
two post rollers
Quantity
2.00 x
Unit Price
132.62
x
Factor Total
1.0300
273.20
Subtotal for Section - 32 $19,088.62
Proposal Total
This total represents the correct total for the proposal. Any discrepancy between line totals, sub -totals and the proposal total is due to rounding.
The Percentage of NPP on this Proposal:
$37,123.62
Contractor's Price Proposal - Detail Page 3 of 3
11/3/2025
Subcontractor Listing
Date: November 03, 2025
Re: IQC Master Contract #:
Work Order #:
Owner PO #:
Title:
Contractor:
Proposal Value:
CA-R8-GB-101723-HRZ
150006.00
PD Gate and Motor Replacement
Horizons Construction Co. Intl, Inc.
$37,123.62
hiam of crntractdr :
Duties -,
Amount
No Subcontractors have been
selected for this Work Order
$0.00
0.00 Subcontractor Listing Page 1 of 1
11/3/2025
EXHIBIT "C"
SOURCEWELL DOCUMENTS
19
IFB #CA -101723
Invitation for Bids
for
Indefinite Delivery -Indefinite Quantity
Construction Contracts
in the
State of California
Bid Due Date: October 17, 2023, 4:30 p.m., Central Time Sourcewell, a State of Minnesota local government entity and public agency, is issuing this Invitation for Bids (IFB) on behalf of its participating entities to create indefinite delivery -indefinite quantity construction (IDIQ) contracts that may be used by those participating entities for projects related to construction or the repair, alteration, modernization, or renovation of buildings, structures, or other real property.
This IFB consists of the following parts:
1. Invitation for Bids, including Map of Regions
2. Template IDIQ Construction Contract
3. IDIQ Contract General Terms and Conditions
4. Construction Task Catalog
5. Technical Specifications
A full copy of the IFB can be found on the Sourcewell Procurement Portal ( https://proportal,sourcewell- mn.gov), and only bids submitted through the Sourcewell Procurement Portal will be considered. Bids are due no later than October 17, 2023, at 4:30 p.m. Central Time, and late bids will not be considered.
Solicitation Schedule
Notice of Solicitation Published: September 12, 2023
Pre -bid Conference:
Question Submission Deadline:
Bid Due Date:
Opening:
Rev. 4/2023
September 26, 2023, 12:00 p.m., Central Time
October 10, 2023, 4:30 p.m., Central Time
October 17, 2023, 4:30 p.m., Central Time
Late responses will not be considered.
October 17, 2023, 6:30 p.m., Central Time
See Article VII. G. for more information.
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California
ABOUT SOURCEWELL AND ITS PARTICIPATING ENTITIES
Sourcewell is a State of Minnesota local government and public agency created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates a competitive public solicitation and contract award process for the benefit of its participating entities across the United States. It has the authority to develop and offer, among other services, joint purchasing services to its participating entities. Sourcewell's solicitation process complies with State of Minnesota law and policies.
Sourcewell's participating entities in the State of California may include:
• Federal and state government
• Cities, towns, and counties/parishes
• Education service cooperatives
• K-12 and higher education
• Tribal government
• Some nonprofit
• Other public entities
II. INDEFINITE DELIVERY -INDEFINITE QUANTITY CONSTRUCTION PROGRAM Sourcewell is soliciting bids for its IDIQ construction program. IDIQ contracting offers participating entities access to competitively solicited and awarded contracts for projects related to construction or the repair, alteration, modernization, or renovation of buildings, structures, or other real property.
Sourcewell has engaged The Gordian Group, Inc. (Gordian) to provide management of its IDIQ construction program. In this role, Gordian provides support to Sourcewell in the administration of the program, including: preparing Construction Task Catalogs and related technical specifications, providing information management systems and licenses to contractors, training to contractors, administering fee collection, consulting services to Sourcewell, and assisting with proposal package or work order development. Participating Entities access Sourcewell IDIQ contracts resulting from this IFB through relevant purchasing authority, and work directly with Contractors awarded through this IFB.
Under IDIQ, an awarded Contractor furnishes management, labor, materials, equipment, and incidental design support needed to perform the work. Details of the program's operation can be found within the Contract, and General Terms and Conditions document included in this IFB.
III. REQUIRED BIDDER QUALIFICATIONS
In determining a Bidder's responsibility and ability to perform under a Contract, Sourcewell has the right to investigate and request information concerning the financial condition, experience record, personnel, equipment, facilities, business location(s) and organization of the Bidder, the Bidder's record with environmental regulations, and the claims and litigation history of the Bidder. Sourcewell reserves the right to verify the Bidder's information and may request clarification from a Bidder.
A. A Bidder's business must be normally engaged in performing the type of work specified within this IFB and must have adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service to a Sourcewell participating entity (as solely determined by Sourcewell).
Rev. 4/2023
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California
B. Bidders responding to a General Building solicitation must be willing and capable of providing all or a majority of the various types of construction work as specified in the Construction Task Catalog either through its own forces or by using subcontractors. Bidder must provide documentation of all applicable required licensure(s).
C. Bidders responding to Paving, Roofing/Waterproofing, Plumbing, Sanitation System, Flooring, Abatement Services, Landscaping, Painting, Low Voltage Systems, Fire Protection, Mechanical/HVAC, Electrical, Solar, and/or Limited Specialty Contracts (C-61) solicitations must perform at least 51% of all contracted work with its own organization and forces. The percentage calculation does not include field superintendents or office management personnel.
D. Bidders must demonstrate a physical presence within the geographic boundary of the region(s), or adjacent region(s) to which they are bidding as identified in the Map of Sourcewell Contract Regions.
IV. BID OVERVIEW AND PREPARATION INSTRUCTIONS
A. REQUESTED INDEFINITE DELIVERY -INDEFINITE QUANTITY CONSTRUCTION SERVICES. The IDIQ services specified include General Building, Paving, Roofing/Waterproofing, Plumbing, Sanitation System, Flooring, Abatement Services, Landscaping, Painting, Low Voltage Systems, Fire Protection, Mechanical/HVAC, Electrical, Solar, and Limited Specialty Contracts. At this time, no specific projects have been identified; work and work volume from any resulting contract are not guaranteed. Specific description of work and summary of duties for each category of construction can be found in the Technical Specifications.
B. PREPARATION INSTRUCTIONS. Strict compliance with the following instructions is required for properly preparing a bid. Before submitting a bid, it is the responsibility of each Bidder to:
1) Examine the IFB Documents thoroughly;
2) Consider all applicable federal, state and local laws, regulations, ordinances, and procurement codes that may affect costs, progress, performance, or furnishing of a participating entity's work; and,
3) Notify Sourcewell of all conflicts, errors, or discrepancies in the IFB Documents of which Bidder knows.
The submission of a Bid constitutes a representation by the Bidder to Sourcewell that it has complied with the above requirements and that, without exception, its Bid is premised upon performing and furnishing the Work required by this IFB.
Bidders should include all relevant information in its bid. Sourcewell cannot consider information that is not provided in the bid.
C. ESTIMATED CONTRACT VALUE AND USAGE. Based on past volume of similar contracts, the estimated annual value of each contract resulting from this IFB is $5,797,275. Sourcewell anticipates considerable activity under the contract(s) awarded from this IFB; however, work and work volume from any resulting contract are not guaranteed.
Rev. 4/2023
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California
V. BID PRICING
A. CONSTRUCTION TASK CATALOG AND ADJUSTMENT FACTOR. In order to evaluate bid pricing and the retain consistency within contract pricing, Sourcewell uses Gordian's proprietary Construction Task Catalog (CTC). The CTC as a comprehensive listing of specific repair and construction related Tasks, together with a specific unit of measurement and a pre-set unit price (Unit Price). All Unit Prices within the CTC are based on local labor, material, and equipment prices for the direct cost of construction.
Under this IFB, Bidders will offer price adjustments (Adjustment Factors) that will be applied to CTC Unit Prices. The Adjustment Factors represent either an increase to the present Unit Prices (such as 1.1000) or a decrease from the preset Unit Prices (such as 0.9800).
A participating entity's cost for a specific task will be determined by multiplying the preset Unit Prices by the appropriate quantities and by the appropriate Adjustment Factor (e.g., specific task cost = preset unit price in CTC * quantity needed * Adjustment Factor). 1) Each Bidder must submit 3 Adjustment Factors to be applied to every task in the CTC. The bid must be either an adjustment "decrease from" (e.g. 0.9800) or "increase to" (e.g.
1.1000) the Unit Prices listed in the CTC.
2) The Bidder's Adjustment Factors must include all of the Bidder's direct and indirect costs.
This includes, but is not limited to, its costs for overhead, profit, bond premiums above the reimbursable amount, insurance, mobilization, purchase order proposal development, and all contingencies in connection therewith. See pages 00t-1 - 00-6 of the CTC for a complete explanation of what is and is not included in the Unit Prices. Note, where applicable, the bidder must comply with all applicable prevailing wage laws. The wage rates in the CTC were current at the time these IFB Documents were issued.
a. The first Adjustment Factor will be applied to work to be accomplished during Normal Working Hours and are performed on projects that do require prevailing wage rates.
b. The second Adjustment Factor will be applied to work to be accomplished during Other Than Normal Working Hours and are performed on projects that do require prevailing wage rates.
c. The third Adjustment Factor will be applied to work to be accomplished at secured facilities/OSHPD that do require prevailing wage rates. d. The fourth Adjustment Factor will be applied to work to be accomplished on all union wage projects.
e. The fifth Adjustment Factor will be for work tasks not identified in the Construction Task Catalog. IQCC includes a provision for establishing of prices for Work requirements which are within the general scope of IQCC but were not included in the CTC at the time of Contract award. These Tasks are referred to as "Non Pre -priced Tasks (NPP)." NPP Tasks may require new specifications and drawings and may subsequently be incorporated into the CTC. The bidders will offer an Adjustment Factor to be applied to the actual material, equipment, and labor cost for NPP work Tasks. 3) Adjustment Factors may be specified to the fourth decimal place. For example:
1 1
0 0
0 Rev. 4/2023
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California
Or
0 9
8 0
0 4) For bid evaluation purposes only, the following weighing of the Adjustment factors will be used to determine the Combined Adjustment Factor. Complete the following information within the Sourcewell Procurement Portal:
Adjustment Factors
Weight
Normal Working Hours - Prevailing Wage Rate
Projects
50%
Other Than Normal Working Hours — Prevailing
Wage Rate Projects
15%
Secured/OSHPD Prevailing Wage Rate Projects
15%
All Union Wage Projects
10%
Non -Pre -Priced Adjustment Factor
10%
B. ADMINISTRATIVE FEES. Awarded contractors must pay an administrative fee in exchange for the administration of the contracts by Sourcewell and Sourcewell's contract administrator, Gordian. The bidder must include the administrative fee in calculating the Contractor's Adjustment Factors.
Detailed information about Sourcewell's administrative fee can be found in Article VII. B of the General Terms and Conditions.
VI. CONTRACT
Bidders awarded a contract will be required to execute the Contract (including its General Terms and Conditions) attached to this IFB.
VII. BIDDING PROCESS
A. PRE -BID CONFERENCE. Sourcewell will hold a non -mandatory pre -bid conference via webcast on the date and time noted in the Solicitation Schedule and on the Sourcewell Procurement Portal. The purpose of this conference is to allow potential bidders to ask questions regarding this IFB. Information about the webcast will be sent to all entities that have registered for this solicitation opportunity through their Sourcewell Procurement Portal Vendor Account. Pre -bid conference attendance is optional but highly encouraged.
B. QUESTIONS REGARDING THIS IFB AND ORAL COMMUNICATION. Any questions regarding this IFB must be submitted through the Sourcewell Procurement Portal. The deadline for submission of questions is found in the Solicitation Schedule and on the Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to this IFB. Repetitive questions will be summarized into a single answer and identifying information will be removed from the submitted questions.
Rev. 4/2023
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California
All questions, whether specific to a Bidder or generally related to the IFB, must be submitted using this process. Do not contact individual Sourcewell staff (or any representative of Gordian) to ask questions or request information as this may disqualify the Bidder from responding to this IFB. Sourcewell will not respond to questions submitted after the deadline.
C. ADDENDA. Sourcewell may modify this IFB; however, no Addenda will be issued later than 5 days prior to the Bid Due Date, except an Addendum that withdraws or postpones this IFB. Addenda issued by Sourcewell become a part of the IFB and will be delivered to potential Bidders through the Sourcewell Procurement Portal. Sourcewell accepts no liability in connection with the delivery of any addenda.
Before a bid will be accepted through the Sourcewell Procurement Portal, all addenda, if any, must be acknowledged by the Bidder by checking the box for each addendum. It is the responsibility of the Bidder to check for any addenda that may have been issued up to the solicitation due date and time.
If an addendum is issued after a Bidder submitted its Bid, the Sourcewell Procurement Portal will WITHDRAW the submission and change the Bidder's Bid status to INCOMPLETE. The Bidder can view this status change in the "MY BIDS" section of the Sourcewell Procurement Portal Vendor Account. The Bidder is solely responsible to check the "MY BIDS" section of the Sourcewell Procurement Portal Vendor Account periodically after submitting its Bid (and up to the Bid due date). If the Bidder's Bid status has changed to INCOMPLETE, the Bidder is solely responsible to:
1) make any required adjustments to its bid,
2) acknowledge the addenda, and
3) ensure the re -submitted bid is received through the Sourcewell Procurement Portal no later than the Bid Due Date and time shown in the Solicitation Schedule above.
D. BID SUBMISSION. Bidder's complete bid must be submitted through the Sourcewell Procurement Portal no later than the date and time specified in the Solicitation Schedule and on the Sourcewell Procurement Portal. Any other form of bid submission, whether electronic, paper, or otherwise, will not be considered by Sourcewell. Late bids will not be considered. It is the Bidder's sole responsibility to ensure that the bid is received on time. To ensure receipt of the latest information and updates via email regarding this solicitation, or if the Bidder has obtained this IFB from a third party, the onus is on the Bidder to create a Sourcewell Procurement Portal Vendor Account and register for this solicitation opportunity.
Within the Procurement Portal, all bids must be digitally acknowledged by an authorized representative of the Bidder attesting that the information contained in in the bid is true and accurate. By submitting a bid, Bidder warrants that the information provided is true, correct, and reliable for purposes of evaluation for potential contract award. The submission of inaccurate, misleading, or false information is grounds for disqualification from a contract award and may subject the Bidder to remedies available by law.
It is recommended that Bidders allow sufficient time to upload the bid and to resolve any issues that may arise. The time and date that a bid is received by Sourcewell is solely determined by the Sourcewell Procurement Portal web clock. In the event of problems with the Sourcewell Procurement Portal, follow the instructions for technical support posted in the portal. It may take up to 24 hours to respond to certain issues.
Rev. 4/2023
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California
Upon successful submission of a bid, the Portal will automatically generate a confirmation email to the Bidder. If the Bidder does not receive a confirmation email, contact Sourcewell's support provider at support@ bidsandtenders.ca.
E. GENERAL BID REQUIREMENTS. Bids must be:
• In substantial compliance with the requirements of this IFB or it will be considered nonresponsive and be rejected
• Complete —a bid will be rejected if it is conditional or incomplete • Submitted in English
• Valid and irrevocable for 180 days following the Bid Due Date Any and all costs incurred in responding to this IFB will be borne by the Bidder.
F. BID MODIFICATION WITHDRAWAL. A submitted bid may not be modified, withdrawn, or cancelled by the Bidder for a period of 180 calendar days following the time and date designated for the receipt of bids. Prior to the deadline for submission of bids, any bid submitted may be modified or withdrawn through the Sourcewell Procurement Portal.
G. OPENING. The Opening of Bids will be conducted electronically through the Sourcewell Procurement Portal. A list of all Bidders will be made publicly available in the Sourcewell Procurement Portal after the Bid Due Date, but no later than the Opening time listed in the Solicitation Schedule.
To view the list of Bidders, verify that the Sourcewell Procurement Portal opportunities list search is set to "AII" or "Closed." The solicitation status will automatically change to "Closed" after the Bid Due Date and Time.
VIII. EVALUATION AND AWARD
A. EVALUATION. Only responsive bids will be evaluated. A responsive bid must have been submitted on time and materially satisfy all mandatory requirements identified in this IFB. Deviations or exceptions stipulated in Bidder's response, while possibly necessary in the view of the Bidder, may result in disqualification.
B. AWARD(S). It is the intent of Sourcewell to award each Contract to the lowest, responsive, responsible Bidder(s) based on the Combined Adjustment Factor as calculated by Sourcewell within each Region.
C. CONTRACT TERM. The term of the resulting contract(s) awarded by Sourcewell under this solicitation will be one year. Sourcewell and Contractor may agree to up to five additional one-year extensions. Sourcewell retains the right to consider additional extensions beyond six years as required under exceptional circumstances.
A Bidder will not be awarded more than one same scope Contract within any Region. The maximum number of contracts to be initially awarded for each geographic region and contract type are reflected in the tables below:
Rev. 4/2023
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California
Region 1:
General Building
2 Contracts
Electrical
2 Contracts
Mechanical/HVAC
2 Contracts
Paving
2 Contracts
Region 2:
General Building
2 Contracts
Electrical
2 Contracts
Mechanical/HVAC
2 Contracts
Paving
2 Contracts
Region 3:
General Building
2 Contracts
Electrical
2 Contracts
Mechanical/HVAC
2 Contracts
Paving
2 Contracts
Region 4:
General Building
6 Contracts
Electrical
2 Contracts
Mechanical/HVAC
2 Contracts
Paving
2 Contracts
Region 5:
General Building
6 Contracts
Electrical
2 Contracts
Mechanical/HVAC
2 Contracts
Paving
2 Contracts
Region 6:
General Building
6 Contracts
Electrical
2 Contracts
Rev. 4/2023
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California
Mechanical/HVAC
2 Contracts
Paving
2 Contracts
Roofing/Waterproofing
2 Contracts
Region 7:
General Building
6 Contracts
Electrical
4 Contracts
Mechanical/HVAC
4 Contracts
Paving
4 Contracts
Roofing/Waterproofing
4 Contracts
Flooring
4 Contracts
Abatement Services
4 Contracts
Landscaping
2 Contracts
Painting
2 Contracts
Region 8:
General Building
20 Contracts
Electrical
6 Contracts
Mechanical/HVAC
6 Contracts
Paving
6 Contracts
Roofing/Waterproofing
6 Contracts
Flooring
4 Contracts
Abatement Services
4 Contracts
Painting
4 Contracts
Low Voltage Systems
4 Contracts
Fire Protection
2 Contracts
Plumbing
4 Contracts
Sanitation Systems
4 Contracts
Limited Specialty Contracts (C-61)
6 Contracts
Region 9:
General Building
8 Contracts
Rev. 4/2023
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California
Electrical
4 Contracts
Mechanical/HVAC
4 Contracts
Paving
4 Contracts
Roofing/Waterproofing
4 Contracts
Flooring
4 Contracts
Abatement Services
4 Contracts
Painting
2 Contracts
Plumbing
4 Contracts
Landscaping
2 Contracts
Solar
2 Contracts
Region 10:
General Building
4 Contracts
Electrical
2 Contracts
Mechanical/HVAC
2 Contracts
Painting
2 Contracts
Roofing/Waterproofing
2 Contracts
Sourcewell reserves the right to award additional contracts from this solicitation, above the stated maximum number, if it is determined to be in the best interests of Sourcewell and participating entities, for a period of 180 Days (or longer, if mutually agreeable to both the bidder and Sourcewell).
Sourcewell retains the right to waive any informality in a Bidder's response. Sourcewell reserves the right to reject all bids and advertise again if, in Sourcewell's opinion, the bids received do not meet or exceed the minimum needs and expectations of Sourcewell and its participating entities.
Competitive Range. If Sourcewell receives a wide margin of bid Adjustment Factors, either too high or too low, then the Sourcewell Bid evaluation committee may establish a Competitive Range for the IFB. If it is determined that a Bidder's Combined Adjustment Factor is too far outside the Competitive Range, then the Bidder can be removed from consideration. The Bidder will be notified that it was determined to be outside the Competitive Range after award of the contracts.
Unbalanced Bid. A Bid may be removed from consideration if it is determined that the Bidder has mathematically unbalanced its Bid to gain a competitive advantage. The Bid will be considered to be unbalanced if any Adjustment Factor is found to not cover the contractor's reasonable actual cost.
Those costs would include a reasonable prorated share of its anticipated profit, overhead cost, and other indirect costs that the bidder anticipates for the performance of the work as determined by the Sourcewell Bid Review Committee.
Rev. 4/2023
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California
Other Than Normal Working Hours Adjustment Factors. A Bidder's Other Than Normal Working Hours Adjustment Factors must be higher or equal to its Normal Working Hours Adjustment Factors.
IX. ASSIGNMENT OF WORK
See the Contract, and General Terms and Conditions for a detailed description of how work will be assigned.
X. PROTESTS OF AWARDS
Any protest made under this IFB by a Bidder must be in writing, addressed to Sourcewell's Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O. Box 219, Staples, MN 56479. All documents that comprise the complete protest package must be received no later than 10 calendar days following Sourcewell's notice of contract award(s) or non -award and must be time stamped by Sourcewell no later than 4:30 p.m., Central Time.
A protest must allege a procedural or technical defect, with supporting documentation. A request for re- evaluation of a bid's content will not be entertained.
A protest must include the following items:
• The name, address, and telephone number of the protester • The original signature of the protester or its representative • Identification of the solicitation by IFB number
• A precise statement of the relevant facts
• Identification of the alleged breakdown in procedure or technical issues • Identification of the legal or factual basis
• Any additional supporting documentation
• Protest bond in the amount of $20,000, except where prohibited by law or treaty Protests that do not address these elements will not be reviewed.
XI. RIGHTS RESERVED
This IFB does not commit Sourcewell to award any contract, and a bid may be rejected if it is nonresponsive, conditional, incomplete, conflicting, or misleading. Bids that contain false statements or do not support an attribute or condition stated by the Bidder may be rejected.
Sourcewell reserves the right to:
• Modify or cancel this IFB at any time
• Reject any and all bids received
• Reject bids that do not comply with the provisions of this IFB • Independently verify any information provided in a Bid • Disqualify any Bidder that does not meet the requirements of this IFB, is debarred or suspended by the United States or Canada, State of Minnesota, participating entity's state; has an officer, or other key personnel, who have been charged with a serious crime; or is bankrupt, insolvent, or where bankruptcy or insolvency are a reasonable prospect; • Waive or modify any informalities, irregularities, or inconsistencies in the bids received • Clarify any part of a bid
Rev. 4/2023
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California
• Award a contract if only one responsive bid is received if it is in the best interest of participating entities
• Award a contract to one or more Bidders if it is in the best interest of participating entities XII. DISPOSITION OF BIDS
All materials submitted in response to this IFB will become property of Sourcewell and will become public record in accordance with Minnesota Statutes Section 13.591. It is the Bidder's responsibility to clearly identify any data submitted that it considers to be protected. Bidder must also include a justification for the classification citing the applicable Minnesota law.
Sourcewell will not consider the prices submitted by the Bidder to be confidential, proprietary, or trade secret materials. Financial information, including financial statements, provided by a Bidder is not considered trade secret under the statutory definition.
The Bidder understands that Sourcewell will reject bids that are marked confidential nonpublic, either substantially or in their entirety.
[Map of Regions to Follow]
Rev. 4/2023
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California
MAP OF
SOURCEWELL CONTRACT
REGIONS
Solicitation #CA -101723
Sourcewell CoBlorrdo
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C crs°x eo Region 2
Re scan 3
SSnr"cew ee
Coker'Cokerio Region 4
Co cm:,l Region S
D Sot,ncewee
Coefon Reggio ?
Region 1
Colusa
Humboldt
Tehama
Del Norte
Lake
Trinity
Glenn
Mendocino
Rev. 4/2023
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California
Region 2
Butte
Plumas
Sierra
Lassen
Shasta
Siskiyou
Modac
Region 3
El Dorado
Placer
Sutter
Nevada
Sacramento
Yuba
Region 4
Contra Costa
Napa
Sonoma
Marin
Solano
Yolo
Region 5
Fresno
Merced
Stanislaus
Kings
San Joaquin
Tulare
Madera
Region 6
Alameda
San Francisco
Santa Clara
Monterey
San Mateo
Santa Cruz
San Benito
Region 7
Kern
Santa Barbara
Ventura
San Luis Obispo
Los Angeles
Region 8
Riverside
San Bernardino
Orange
Region 9
Imperial
San Diego
Region 10
Alpine
Inyo
Mono
Amador
Mariposa
Tuolumne
Calaveras
Rev. 4/2023
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California
09/13/2023
Addendum No. 1
Solicitation Number: IFB #CA -101723
Solicitation Name: Indefinite Delivery -Indefinite Quantity Construction - California Consider the following to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged.
Updated San Diego Housing Commission Provisions, Terms and Conditions, Forms, have been uploaded to the document section of the bid details page. The document originally posted for this IFB as a .ZIP file entitled "San_Diego_Housing_Commission_Provisions,_Terms_and_Conditions,_Forms" has been removed and the updated Provisions, Terms and Conditions, and Forms have been uploaded to the Sourcewell Procurement Portal. Please download the .ZIP folder again, now entitled "Updated_ San_Diego_Housing_Commission_Provisions,_Terms_and_Conditions,_Forms" to ensure you have the correct documents.
The following listed original files has been removed from the IFB:
San_Diego_Housing_Commission_Provisions,_Terms_and_Conditions,_Forms The following listed files have been inserted in the IFB and are found in the revised .ZIP file:
Updated_ San_Diego_Housing_Commission_Provisions,_Terms_and_Conditions,_Forms End of Addendum
Acknowledgement of this Addendum to IFB CA -101723 posted to the Sourcewell Procurement Portal on 09/13/2023, is required at the time of proposal submittal.
09/13/2023
Addendum No. 2
Solicitation Number: IFB #CA -101723
Solicitation Name: Indefinite Delivery -Indefinite Quantity Construction - California Consider the following to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged.
Question 1:
CTC specs for region 4,6,7,8 appear to be damaged files and are unable to be opened. Can new files please be uploaded?
Answer 1:
An error in downloading the files contained in ZIP folder IFB_CA- 1O1723_CTC(s),_Contract_Template,_Technical_Specifications,_Terms_and_Conditions has been identified.
The folder posted to the documents section for this IFB entitled "IFB_CA- 101723_CTC(s),_Contract_Template,_Technical_Specifications,_Terms_and_Conditions.zip" has been updated with new CTC's for Region's 4, 5, 6, and 7. Please redownload the folder to access these new CTC documents.
End of Addendum
Acknowledgement of this Addendum to IFB CA -101723 posted to the Sourcewell Procurement Portal on 09/13/2023, is required at the time of proposal submittal.
09/19/2023
Addendum No. 3
Solicitation Number: IFB #CA -101723
Solicitation Name: Indefinite Delivery -Indefinite Quantity Construction - California Consider the following Questions and Answers to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged.
Question 1:
Can past awarded adjustment factors be provided?
Answer 1:
Contract documentation, including the bid tabulation, for past solicitations is maintained on the Sourcewell website. For examples of current Sourcewell-awarded IDIQ contracts, navigate to the page on the Sourcewell website at the following address:
https://www.sourcewell-mn,gov/cooperative-purchasing-ezigc/search .
Question 2:
The ZIP folder titled
"Updated_San_Diego_Housing_Commission_Provisions,_Terms_and_Conditions,_Forms" cannot be opened, the error states that the path is too long. Is it possible to shorten the name of the file so it can be opened?
Answer 2:
An error in downloading the files contained in ZIP folder "Updated_San_Diego_Housing_Commission_Provisions,_Terms_and_Conditions,_Forms" has been identified.
The file name under the heading
"Updated_San_Diego_Housing_Commission_Provisions,_Terms_and_Conditions,_Forms" has been shortened and can now be opened. Download this file to access the documents.
Question 3:
We have reviewed the IFB documents but do not find any bid submission documents? Are the bid documents going to be released at a later date? Answer 3:
All solicitation documents have been uploaded to the Sourcewell Procurement Portal. All bids must be submitted through the Sourcewell Procurement Portal.
End of Addendum
Acknowledgement of this Addendum to IFB #CA -101723 posted to the Sourcewell Procurement Portal on 09/19/2023, is required at the time of proposal submittal.
09/25/2023
Addendum No. 4
Solicitation Number: IFB #CA -101723
Solicitation Name: Indefinite Delivery -Indefinite Quantity Construction - California Consider the following to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged.
***Due to a technical error, Table 1: Bidder Identity, was omitted. This table has now been added to the Sourcewell Procurement Portal.***
Question 1:
I am unclear on the bonding requirement necessary for this bid. What are the bonding requirements to submit a bid to this solicitation? Do we present our current bonding capability, and then Sourcewell determines if it is sufficient for the contract? Or is there a given level of bonding capability that we need to show? Answer 1:
The bonding requirement to submit a bid for this solicitation is to simply provide a current letter from your bonding company stating what your capacity is. It is up to you and the bonding company to determine how best to present this information, but typically a single and aggregate total is provided.
On a per project basis, additional bonds may be required by the Participating Entity.
Refer to General Terms and Conditions, specifically article IV, L, Bonds: Payment and Performance or Material and Workmanship.
End of Addendum
Acknowledgement of this Addendum to IFB #CA -101723 posted to the Sourcewell Procurement Portal on 09/25/2023, is required at the time of proposal submittal.
09/29/2023
Addendum No. 5
Solicitation Number: IFB #CA -101723
Solicitation Name: Indefinite Delivery -Indefinite Quantity Construction - California Consider the following Questions and Answers to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged.
Question 1:
If a Parent Company has multiple trade subsidiaries with separate tax identification numbers and business licenses, should they submit as the Parent Company listing the subsidiary groups and ID numbers? Should the subsidiaries all submit separately? Answer 1:
A Parent Company may demonstrate its willingness and capability of providing all or a majority of the work as specified in the Construction Task Catalog through subcontracts with its subsidiary companies.
Article III, Part C requires Bidders responding to the trade -specific contract opportunities listed in the IFB to perform at least 51% of the contracted work through its own forces.
If any Bidder for a trade -specific contract opportunity cannot itself complete at least 51% of the contracted work, the Bidder may be deemed nonresponsive.
Article IV, Part B states a Bid is a representation of the Bidder that "its Bid is premised upon performing and furnishing the Work required by this IFB." If a Bidder is not able to perform or furnish the Work as demonstrated through the requirements of Article III, the Bidder may be deemed nonresponsive.
Bidders should ensure it is responsive to the requirements as defined in Article III based upon the type of contract opportunity for which it intends to Bid.
Question 2:
What is the local office requirement?
Answer 2:
Refer to IFB Article III, D. "Bidders must demonstrate a physical presence within the geographic boundary of the region(s), or adjacent region(s) to which they are bidding as identified in the Map of Sourcewell Contract Regions."
Question 3:
The general contractor is to provide adjustment factors for self -performed tasks. Do we provide adjustment factors for subcontracted work as well? Answer 3:
The general contractor will provide an adjustment factor to cover all tasks in the Construction Task Catalog. The adjustment factor includes work that may be self - performed or completed by a subcontractor.
Question 4:
Will as -built drawings be required in a specific format? i.e. CAD, Revit, Acrobat, basic hand drawn?
Answer 4:
The necessity and format of as -built drawings will be determined on a project -by -project basis and determined during the Joint Scope Meeting.
Question 5:
Regarding construction trailers, if the contractor does not need a trailer, but the owner is stating they want one for the project, then we use the catalog to add the trailer to the proposal? Does the catalog include power, furniture, etc.? Answer 5:
If the owner is requiring an on -site construction trailer, then costs for the trailer, equipment, furniture, power can be pulled out of line items from the CTC. Determinations on this are often made during the Joint Scope Meeting.
Question 6:
We have a headquarter office in Los Angeles County and have a branch trailer office in Santa Barbara County. Can we use that trailer office address and bid the contract for Region 7?
Answer 6:
Refer to question two of this addendum and IFB Article III, D.
Question 7:
Is there an estimated number of bidders that you're expecting? Answer 7:
No.
End of Addendum
Acknowledgement of this Addendum to IFB #CA -101723 posted to the Sourcewell Procurement Portal on 09/29/2023, is required at the time of proposal submittal.
10/02/2023
Addendum No. 6
Solicitation Number: IFB #CA -101723
Solicitation Name: Indefinite Delivery -Indefinite Quantity Construction - California Consider the following Questions and Answers to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged.
Question 1:
Can you please clarify if the bid opening on 10/17 is virtual and open for bidders to attend?
Answer 1:
Refer to Article V, Part G of the IFB also noted below for reference.
OPENING. The Opening of Bids will be conducted electronically through the Sourcewell Procurement Portal. A list of all Bidders will be made publicly available in the Sourcewell Procurement Portal after the Bid Due Date, but no later than the Opening time listed in the Solicitation Schedule.
Question 2:
What is the procedure for bidding on multiple contract opportunities within a region? For example there are 20 General Building contracts available in Region 8. To bid all 20 contracts do you change the factor for each contract and submit? Answer 2:
You will only enter one set of adjustment factors for each trade per region being bid.
The same adjustment factors are used for all the same trade opportunities. For example, there are 20 contract opportunities available for General Building in Region 8 and you will use one adjustment factor for all. The 20 lowest bids based on combined adjustment factors will receive a contract.
End of Addendum
Acknowledgement of this Addendum to IFB #CA -101723 posted to the Sourcewell Procurement Portal on 10/02/2023, is required at the time of proposal submittal.
10/11/2023
Addendum No. 7
Solicitation Number: IFB #CA -101723
Solicitation Name: Indefinite Delivery -Indefinite Quantity Construction - California Consider the following Questions and Answers to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged.
Question 1:
Is there a self performance requirement for bidders responding to a General Building solicitation?
Answer 1:
Refer to IFB Article I I I, Part B. "Bidders responding to a General Building solicitation must be willing and capable of providing all or a majority of the various types of construction work as specified in the Construction Task Catalog either through its own forces or by using subcontractors. Bidder must provide documentation of all applicable required licensure(s)."
Question 2:
For Table 3: Office Address(s), is the Contractor required to have a fully operating office in each region that its submitting the bids for? For example, would a physical office address of a Contractor's headquarter in Los Angeles County be suitable to submit for a bid for Region 9 (San Diego, Imperial)?
Answer 2:
Refer to IFB Article III, Part D. Each bidder must have a physical presence in or adjacent to each region to which they are submitting a bid. In the example, Los Angeles County is in Region 8 which is adjacent to Region 9 on the Map of Sourcewell Contract Regions making the office location in Los Angeles County suitable to bid in Region 9.
Question 3:
Can a contractor make a request to see a sample bid package? Answer 3:
Contract documentation, including the bid tabulation, for past solicitations is maintained on the Sourcewell website. For examples of current Sourcewell-awarded IDIQ contracts, navigate to the page on the Sourcewell website at the following address:
https://www.sourcewel I-mn.gov/cooperative-purchasing-eziqc/search.
End of Addendum
Acknowledgement of this Addendum to IFB #CA -101723 posted to the Sourcewell Procurement Portal on 10/11/2023, is required at the time of proposal submittal.
DocuSign Envelope ID: 9A4C7896-8AD0-4CF6-A7E3-7E8AE08A9DFF Solicitation Opening Record
Date of opening: October 17, 2023
Sourcewell posted Invitation for Bids #CA -101723, for the procurement of Indefinite Delivery Indefinite Quantity Construction Contracts in the State of California, on the Sourcewell Procurement Portal [proportaLsourcewell-mn. ov] on Tuesday, September 12, 2023, and the solicitation remained in an open status within the portal until October 17, 2023, at 4:30 pm CT. The Invitation for Bids required that all bids be submitted through the Sourcewell Procurement Portal no later than 4:30 pm CT on October 17, 2023, the date and time specified in the Solicitation Schedule.
The undersigned certify that all responses received on Invitation for Bids #CA -101723 were submitted through the Sourcewell Procurement Portal, and that each Bidder's response material was digitally sealed upon submission and remained inaccessible until the due date and time specified in the Solicitation Schedule.
Responses were received from the following:
ABM Building Solutions, LLC - Submitted - Mon Oct 16, 2023 2:45:35 PM ABM Electrical and Lighting Solutions - Submitted - Mon Oct 16, 2023 2:45:35 PM ACCO Engineered Systems, Inc - Submitted - Mon Oct 16, 2023 6:30:55 PM Accurate Construction Company Inc - Submitted - Tue Oct 17, 2023 3:19:32 PM Air Systems, Inc. - Submitted - Tue Oct 17, 2023 3:19:32 PM Alco Building Solutions - Submitted - Tue Oct 17, 2023 3:22:47 PM All Source Coatings Inc. - Submitted - Mon Oct 16, 2023 6:17:59 PM All Source Tile Inc. - Submitted - Mon Oct 16, 2023 7:26:21 PM AME Builders Inc - Submitted - Tue Oct 17, 2023 11:22:08 AM AMTEK Construction - Submitted - Tue Oct 17, 2023 1:48:25 PM Angeles Contractor, Inc. - Submitted - Mon Oct 16, 2023 7:00:43 PM Ausonio Inc. - Submitted - Tue Oct 17, 2023 1:01:34 PM
Balleza Painting Inc - Submitted - Tue Oct 17, 2023 2:21:57 PM California Coast Carpet & Flooring - Submitted - Mon Oct 16, 2023 7:33:37 PM Capitol Carpet Company, Inc. - Submitted - Mon Oct 16, 2023 8:32:59 PM CORE West, Inc. - Submitted - Tue Oct 17, 2023 8:12:50 AM Dewberry Design -Builders Inc. - Submitted -Tue Oct 17, 2023 2:00:46 PM Durham Construction Company, Inc. - Submitted - Tue Oct 17, 2023 4:29:16 PM Elegant Construction Inc. - Submitted - Sat Oct 14, 2023 6:19:23 PM Express Energy Services Inc. - Submitted - Tue Oct 17, 2023 12:24:01 PM Grondin Construction Inc - Submitted - Thu Oct 12, 2023 12:19:09 PM Harry H. Joh Construction Inc. - Submitted - Mon Oct 16, 2023 2:51:32 PM Horizons Construction Company Int'I Inc. - Submitted -Tue Oct 17, 2023 2:58:59 PM J & H Engineering General Contractors, Inc. - Submitted - Mon Oct 16, 2023 3:22:51 PM J G CONTRACTING - Submitted - Mon Oct 16, 2023 1:18:49 PM LDCo., Inc - Submitted - Tue Oct 17, 2023 2:37:23 PM
DocuSign Envelope ID: 9A4C7896-8AD0-4CF6-A7E3-7E8AE08A9DFF Mackone Development Inc - Submitted - Tue Oct 17, 2023 1:46:37 PM Mak Construction & Project Management - Submitted - Tue Oct 17, 2023 12:38:24 PM MDJ Management, LLC - Submitted - Mon Oct 16, 2023 9:48:29 PM Mesa Energy Systems, Inc. - Submitted - Tue Oct 17, 2023 10:48:33 AM MIK Construction Inc. - Submitted - Tue Oct 17, 2023 1:23:33 PM Newton Construction and Management, Inc. - Submitted - Fri Oct 13, 2023 12:27:22 PM North Star Construction and Engineering, Inc. - Submitted - Tue Oct 17, 2023 4:21:41 PM Pacific Building Group - Submitted - Tue Oct 17, 2023 3:37:17 PM QUINCON, INC. - Submitted - Tue Oct 17, 2023 4:16:45 PM Rite -Way Roof Corporation - Submitted - Tue Oct 17, 2023 2:33:23 PM SJD&B, Inc. - Submitted - Tue Oct 17, 2023 2:33:54 PM
Staples Construction - Submitted - Mon Oct 16, 2023 5:10:21 PM Strategic Mechanical, Inc. - Submitted -Tue Oct 17, 2023 1:32:43 PM Terra West Construction Inc. - Submitted - Tue Oct 17, 2023 3:58:30 PM Turelk, Inc. - Submitted - Tue Oct 17, 2023 2:03:29 PM
Vincor Construction, Inc. - Submitted - Mon Oct 16, 2023 1:55:43 PM Vortex Construction - Submitted - Tue Oct 17, 2023 4:10:47 PM Wildscape Restoration Inc., dba Urban Greening - Submitted - Tue Oct 17, 2023 4:21:01 PM World Wide Construction - Submitted - Tue Oct 17, 2023 2:45:15 PM Wyatt Trapp, Inc. - Submitted - Mon Oct 16, 2023 1:08:19 PM The Bids were opened electronically, and a list of all Bidders was made publicly available in the Sourcewell Procurement Portal, on October 17, 2023, at 4:30:00 pm CT. All responsive bids were then submitted for review by the Sourcewell Bid Evaluation Committee.
rDocuSigned by:
r „
7BCA93CD6377421._
Brandon Town, NIGP-CPP, CPSM, CPSD, Procurement Analyst rDocuSigned by:
7F41572C858 4BA...
Craig West, Procurement Analyst
IF #CA -101723 - Indefinite Delivery -Indefinite o uantity Construction - California
Vendor Details
Company Name:
Address:
Contact:
Email:
Phone:
Fax:
HST#:
Submission Details
Created On:
Submitted On:
Submitted By:
Email:
Transaction #:
Submitter's IP Address:
Horizons Construction Company Int'I Inc.
432 W Meats Avenue
Orange , California 92865
Michael Ortega
[email protected]
714-626-0000
714-626-0006
14-1865687
Tuesday September 12, 2023 13:43:20
Tuesday October 17, 2023 14:58:59
Michael Ortega
[email protected]
56bff787-998 b-4 a6e-b87f-8454 e5c653 bf
199.195.215.2
Bid Number: IFB #CA -101723 Vendor Name: Horizons Constructior "' '--
Schedule of Prices
The Contractor hereby bids and offers to enter into the contract referred to and to supply and do all or any part of the Work which is set out or called for as part of these solicitations.
If you do not wish to bid on a particular contract solicitation, you must select the box stating that you are not submitting for that particular opportunity.
Denotes a "MANDATORY" field
California Region 1
Each Bidder must submit five (5) Adjustment Factors to be applied to tasks within the Construction Task Catalog (CTC) - Sourcewell California Region 1.
Bidders responding to a General Building solicitation must be willing and capable of providing all or a majority of the various types of construction work as specified in the Construction Task Catalog. Bidder may provide the work using its own forces or by using subcontractors.
Bidders responding to the Electrical, Paving, and/or Mechanical/HVAC solicitations will perform at least 51% of all contracted work with its own organization and forces.
The bidder must Roncinde the administrative fee in c.alcuiating the Contractor's Adjustment Factors. Detailed information about Sourcewell's administrative fee can be found in the General Terms and Conditions.
r We will not be submitting fo California Region 1
Solicitation Trade -
Solicitation Number
Bidding
Adjustment Factor 1
NORMAL WORKING
HOURS- PREVAILING
WAGE RATE
PROJECTS
Adjustment Factor 2
OTHER THAN
NORMAL WORKING
HOURS - PREVAILING
WAGE RATE
PROJECTS
Adjustment Factor 3
SECURED
FACILITIES/OSHPD-
PREVAILING WAGE
RATE PROJECTS
Adjustment Factor
ALL -UNION WAGE
PROJECTS
Adjustment Factor 5
NON PRE -PRICED
Combined Adjustment Factor
General Building
r Yes
r. No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Electrical
r Yes
r. No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing,
Paving
r. Yes
r No
1.7 1.9
1.9 1.9
1.45 To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Mechanical/HVAC
r Yes
No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing,
California Region 2
Each Bidder must submit five (5) Adjustment Factors to be applied to tasks within the Construction Task Catalog (CTC) - Sourcewell California Region 2.
Bidders responding to a General Building solicitation must be willing and capable of providing all or a majority of the various types of construction work as specified in the Construction Task Catalog. Bidder may provide the work using its own forces or by using subcontractors.
Bidders responding to the Electrical, Paving, and/or Mechanical/HVAC solicitations will perform at least 51% of all contracted work with its own organization and forces.
The bidder must include the administrative fee in calcullating the Contractor's Ad'ju'stment Factors. Detailed information about Sourcewell's administrative fee can be found in the General Terms and Conditions.
r We will not be submitting for California Region 2
Solicitation Trade -
Solicitation Number
Bidding
Adjustment Factor 1
NORMAL WORKING
HOURS- PREVAILING
WAGE RATE
PROJECTS
Adfustment Factor 2
OTHER THAN
NORMAL WORKING
HOURS - PREVAILING
WAGE RATE
PROJECTS
Adjustment Factor 3
SECURED
FACILITIESIOSHPD-
PREVAILING WAGE
RATE PROJECTS
Adjustment Factor 4
ALL -UNION WAGE
PROJECTS
Adjustment Factor 5
NON PRE -PRICED
Combined Adjustment Factor
General Building
r- Yes
6 No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Electrical
r Yes
r: No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Paving
r. Yes
r No
1.7 1.9
1.9 1.9
1.45 To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Mechanical/HVAC
r Yes
r. No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Bid Number: IFB #CA -101723
Vendor Name: Horizons Construction ^ ____.. r_.n
California Region 3
Each Bidder must submit five (5) Adjustment Factors to be applied to tasks within the Construction Task Catalog (CTC) - Sourcewell California Region 3.
Bidders responding to a General Building solicitation must be willing and capable of providing all or a majority of the various types of construction work as specified in the Construction Task Catalog. Bidder may provide the work using its own forces or by using subcontractors.
Bidders responding to the Electrical, Paving, and/or Mechanical/HVAC solicitations will perform at least 51% of all contracted work with its own organization and forces.
The bidder must include the admin istratave fee in caicunating the Contractor's Adjustment Factors. Detailed information about Sourcewell's administrative fee can be found in the General Terms and Conditions.
r We will not be submitting for California Region 3
Solicitation Trade -
Solicitation Number
Bidding
Adjustment Factor 1
NORMAL WORKING
HOURS- PREVAILING
WAGE RATE
PROJECTS
Adjustment Factor 2
OTHER THAN
NORMAL WORKING
HOURS - PREVAILING
WAGE RATE
PROJECTS
Adjustment Factor 3
SECURED
FACILITIES/OSHPD-
PREVAILING WAGE
RATE PROJECTS
Adjustment Factor
ALL -UNION WAGE
PROJECTS
Adjustment Factor 5
NON PRE -PRICED
Combined Adjustment Factor
General Building
r Yes
a No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Electrical
r Yes
r. No
To be calculated by Sourcewell
as described in IFB Section V,
Bid Pricing.
Paving
r. Yes
r No
1.7 1.9
1.9 1.9
1.45 To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Mechanical/HVAC
r Yes
r. No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing,
California Region 4
Each Bidder must submit five (5) Adjustment Factors to be applied to tasks within the Construction Task Catalog (CTC) - Sourcewell California Region 4.
Bidders responding to a General Building solicitation must be willing and capable of providing all or a majority of the various types of construction work as specified in the Construction Task Catalog. Bidder may provide the work using its own forces or by using subcontractors.
Bidders responding to the Electrical, Paving, and/or Mechanical/HVAC solicitations will perform at least 51% of all contracted work with its own organization and forces.
The bidder must. Mciude the administrative 'Nee in calculating the Contractor's Adjustment Factors. Detailed information about Sourcewell's administrative fee can be found in the General Terms and Conditions.
r We will not be submitting for California Region 4
Solicitation Trade -
Solicitation Number
Bidding
Adjustment Factor 1
NORMAL WORKING
HOURS- PREVAILING
WAGE RATE
PROJECTS
Adjustment Factor 2
OTHER THAN
NORMAL WORKING
HOURS - PREVAILING
WAGE RATE
PROJECTS
Adjustment Factor 3
SECURED
FACILITIES/OSHPD-
PREVAILING WAGE
RATE PROJECTS
Adjustment Factor4
ALL -UNION WAGE
PROJECTS
Adjustment Factor 5
NON PRE -PRICED
Combined Adjustment Factor
General Building
r yes
n No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Electrical
r Yes
r. No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Paving
G yes
r No
1.7 1.9
1.9 1.9
1.45 To be calculated by Sourcewell
as described in IFB Section V,
Bid Pricing.
Mechanical/HVAC
r Yes
a No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Bid Number: IFB #CA -101723 Vendor Name: Horizons Construction ^ ____.. r_.n '—
California Region 5
Each Bidder must submit five (5) Adjustment Factors to be applied to tasks within the Construction Task Catalog (CTC) - Sourcewell California Region 5.
Bidders responding to a General Building solicitation must be willing and capable of providing all or a majority of the various types of construction work as specified in the Construction Task Catalog. Bidder may provide the work using its own forces or by using subcontractors.
Bidders responding to the Electrical, Paving, Mechanical/HVAC, and/or Roofing/Waterproofing solicitations will perform at least 51% of all contracted work with its own organization and forces.
The bidder must include the adminis tr'ative 'Wee in calculating the Contractor's Adjustment Factors. Detailed information about Sourcewell's administrative fee can be found in the General Terms and Conditions.
r We will not be submitting for California Region 5
Solicitation Trade -
Solicitation Number
Bidding
Adjustment Factor 1
NORMAL WORKING
HOURS- PREVAILING
WAGE RATE
PROJECTS
Adjustment Factor 2
OTHER THAN
NORMAL WORKING
HOURS - PREVAILING
WAGE RATE
PROJECTS
Adjustment Factor 3
SECURED
FACILITIES/OSHPD-
PREVAILING WAGE
RATE PROJECTS
Adjustment Factor4
ALL -UNION WAGE
PROJECTS
Adjustment Factor 5
NON PRE -PRICED
Combined Adjustment Factor
General Building
r Yes
5 No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Electrical
r Yes
R No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Paving
R Yes
r No
1.4 1.46
1.46 1.46
1.25 To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Mechanical/HVAC
r Yes
r. No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Roofing/Waterproofing
r Yes
R. No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
California Region 6
Each Bidder must submit five (5) Adjustment Factors to be applied to tasks within the Construction Task Catalog (CTC) - Sourcewell California Region 6.
Bidders responding to a General Building solicitation must be willing and capable of providing all or a majority of the various types of construction work as specified in the Construction Task Catalog. Bidder may provide the work using its own forces or by using subcontractors.
Bidders responding to the Electrical, Paving, Mechanical/HVAC, and/or Roofing/Waterproofing solicitations will perform at least 51% of all contracted work with its own organization and forces.
The budder must include the administrative lee in c.alculaturug the Contractor's Adjustment Factors. Detailed information about Sourcewell's administrative fee can be found in the General Terms and Conditions.
r We will not be submitting fo California Region 6
Solicitation Trade -
Solicitation Number
Bidding
Adjustment Factor 1
NORMAL WORKING
HOURS- PREVAILING
WAGE RATE
PROJECTS-
Adjustment Factor 2
OTHER THAN
NORMAL WORKING
HOURS - PREVAILING
WAGE RATE
PROJECTS
Adjustment Factor 3
SECURED
FACILITIES/OSHPD-
PREVAILING WAGE
RATE PROJECTS
Adjustment Factor4
ALL -UNION WAGE
PROJECTS
Adjustment Factor 5
NON PRE -PRICED
Combined Adjustment Factor
General Building
r yes
R No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Electrical
r Yes
No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Paving
r. Yes
r No
1.49 1.57
1.57 1.57
1.25 To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Mechanical/HVAC
r Yes
r. No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Rooting/Waterproofing
r Yes
R No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Bid Number: IFB #CA -101723 Vendor Name: Horizons Construction ^ ____.. r_.n '—
California Region 7
Each Bidder must submit five (5) Adjustment Factors to be applied to tasks within the Construction Task Catalog (CTC) - Sourcewell California Region 7.
Bidders responding to a General Building solicitation must be willing and capable of providing all or a majority of the various types of construction work as specified in the Construction Task Catalog. Bidder may provide the work using its own forces or by using subcontractors.
Bidders responding to the Electrical, Paving, Mechanical/HVAC, Roofing/Waterproofing, Flooring, Abatement Services, Landscaping, and/or Painting solicitations will perform at least 51% of all contracted work with its own organization and forces.
The bidder must include the adminis to"ative 'Wee in calculating the Contractor's Adjustment Factors. Detailed information about Sourcewelfs administrative fee can be found in the General Terms and Conditions.
r We will not be submitting for California Region 7
Solicitation Trade -
Solicitation Number
Bidding
Adjustment Factor 1
NORMAL WORKING
HOURS- PREVAILING
WAGE RATE
PROJECTS
Adjustment Factor 2
OTHER THAN
NORMAL WORKING
HOURS • PREVAILING
WAGE RATE
PROJECTS
Adjustment Factor 3
SECURED
,SECURED
PREVAILING WAGE
RATE PROJECTS
Adjustment Factor4
ALL-UNION WAGE
PROJECTS
Adjustment Factor 5
NON PRE -PRICED
Combined Adjustment Factor
General Building
r. Yes
r No
1.39 1,4
1.4 1.4
1.25 To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Electrical
r Yes
r. No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing,
Paving
r. Yes
r No
1.12 1.19
1.19 1.19
1.15 To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Mechanical/HVAC
r Yes
r. No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Roofing/Waterproofing
C Yes
r. No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Flooring
c Yes
r No
1.2 1.3
1.3 1.3
1.25 To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Abatement Services
r Yes
r. No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Landscaping
r Yes
r. No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing,
Painting
r. Yes
r No
1,2
1.3 1.3
1.3 1.25
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Bid Number: IFB #CA -101723 Vendor Name: Horizons Construction ^ ____.. r_.n '—
California Region 8
Each Bidder must submit five (5) Adjustment Factors to be applied to tasks within the Construction Task Catalog (CTC) - Sourcewell California Region 8.
Bidders responding to a General Building solicitation must be willing and capable of providing all or a majority of the various types of construction work as specified in the Construction Task Catalog. Bidder may provide the work using its own forces or by using subcontractors.
Bidders responding to the Low Voltage Systems, Electrical, Paving, Flooring, Fire Protection, Mechanical/HVAC, Abatement Services, Roofing/Waterproofing, Painting, Plumbing, Sanitation System, and/or Limited Specialty Contracts (C-61) solicitations will perform at least 51% of all contracted work with its own organization and forces.
The bidder must include the adminis to"ative 'Wee In calculating the Contractor's Adjustment Factors. Detailed information about Sourcewelfs administrative fee can be found in the General Terms and Conditions.
r We will not be submitting for California Region 8
Solicitation Trade •
Solicitation Number
Bidding
"
Adjustment Factor 1
NORMAL WORKING
HOURS- PREVAILING
WAGE RATE
PROJECTS
Adjustment Factor 2
OTHER THAN
NORMAL WORKING
HOURS - PREVAILING
WAGE RATE
PROJECTS
Adjustment Factor 3
SECURED
FACILITIES/OSHPD•
PREVAILING WAGE
RATE PROJECTS
Adjustment Factor4
ALL -UNION WAGE
PROJECTS
Adjustment Factor 5
NON PRE -PRICED
Combined Adjustment Factor
General Building
r. Yes
r No
1.03 1.07
1.07 1.07
1.15 To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Electrical
r Yes
r. No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Paving
c Yes
r No
1.01 1.03
1.03 1.03
1.15 To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Mechanical/HVAC
r Yes
r. No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Roofing/Waterproofing
r Yes
r. No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Flooring
c Yes
r No
1.01 1.03
1.03 1.03
1.15 To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Abatement Services
r Yes
r. No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Painting
R Yes
r No
1.01 1.03
1.03 1.03
1.15 To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing,
Low Voltage Systems
r Yes
r. No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Fire Protection
r Yes
a No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Plumbing
r: Yes
r No
1.07 1.09
1.09 1.09
1.15 To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Sanitation System
r Yes
a No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Limited Specialty
Contracts (C-61)
r Yes
r. No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Bid Number: IFB #CA -101723 Vendor Name: Horizons Construction ^ ____.. r_.n '—
California Region 9
Each Bidder must submit five (5) Adjustment Factors to be applied to tasks within the Construction Task Catalog (CTC) - Sourcewell California Region 9.
Bidders responding to a General Building solicitation must be willing and capable of providing all or a majority of the various types of construction work as specified in the Construction Task Catalog. Bidder may provide the work using its own forces or by using subcontractors.
Bidders responding to the Electrical, Paving, Flooring, Abatement Services, Lanscaping, Painting, Plumbing, Solar, Roofing/Waterproofing, and/or Mechanical/HVAC solicitations will perform at least 51 % of all contracted work with its own organization and forces.
The bidder must include the adminis to"ative 'Wee in calculating the Contractor's Adjustment Factors. Detailed information about Sourcewelfs administrative fee can be found in the General Terms and Conditions.
r We will not be submitting for California Region 9
Solicitation Trade -
Solicitation Number
Bidding
Adjustment Factor 1
NORMAL WORKING
HOURS- PREVAILING
WAGE RATE
PROJECTS
Adjustment Factor 2
OTHER THAN
NORMAL WORKING
HOURS • PREVAILING
WAGE RATE
PROJECTS
Adjustment Factor 3
SECURED
FACILITIES/OSHPD-
PREVAILING WAGE
RATE PROJECTS
Adjustment Factor 4
ALL -UNION WAGE
PROJECTS
Adjustment Factor 5
NON PRE -PRICED
Combined Adjustment Factor
General Building
a Yes
r No
1,07
1,09
1,09
1.09 1,15
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Electrical
r Yes
r• No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing,
Paving
r. Yes
r No
1,03
1.07 1,07
1,07
1,15
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Mechanical/HVAC
r Yes
r• No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Flooring
a Yes
r No
1,03
1.07 1,07
1,07
1,15
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Abatement Services
r Yes
r No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Lands. ping
r Yes
r. No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Painting
r Yes
r No
1.03 1,07
1.07 1.07
1.15 To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Plumbing
a Yes
r No
1.07 1.09
1.09 1.09
1.15 To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Roofing/Waterproofing
r Yes
r. No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing,
Solar
r Yes
r. No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing,
Bid Number: IFB #CA -101723 Vendor Name: Horizons Construction ^ ____.. r_.n '—
California Region 10
Each Bidder must submit five (5) Adjustment Factors to be applied to tasks within the Construction Task Catalog (CTC) - Sourcewell California Region 10.
Bidders responding to a General Building solicitation must be willing and capable of providing all or a majority of the various types of construction work as specified in the Construction Task Catalog. Bidder may provide the work using its own forces or by using subcontractors.
Bidders responding to the Electrical, Painting, Roofing/Waterproofing, and/or Mechanical/HVAC solicitations will perform at least 51% of all contracted work with its own organization and forces.
The bidder must include the adminis tu'atove 'Wee In calcuiatdng the Contractor's Adjustment Factors. Detailed information about Sourcewell's administrative fee can be found in the General Terms and Conditions.
r We will not be submitting for California Region 10
Solicitation Trade •
Solicitation Number
Bidding
"
Adjustment Factor 1
NORMAL WORKING
HOURS- PREVAILING
WAGE RATE
PROJECTS
Adjustment Factor 2
OTHER THAN
NORMAL WORKING
HOURS - PREVAILING
WAGE RATE
PROJECTS
Adjustment Factor 3
SECURED
FACILITIES/OSHPD•
PREVAILING WAGE
RATE PROJECTS
Adjustment Factor4
ALL -UNION WAGE
PROJECTS
Adjustment Factor 5
NON PRE -PRICED
Combined Adjustment Factor
General Building
r Yes
5 No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Electrical
r Yes
r. No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Painting
c Yes
r No
1.7 1.9
1.9 1.9
1.4 To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Mechanical/HVAC
r Yes
r. No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Roofing/Waterproofing
C Yes
r. No
To be calculated by Sourcewell
as described in IFB Section V.
Bid Pricing.
Specifications
Table 1: Bidder Identity
General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; respond "N/A" if the question does not apply to you (preferably with an explanation).
Line
Item
Question
Response*
1 Bidder Legal Name (one legal entity only): (In the event of award, will execute the resulting contract as "Supplier") Horizons Construction Co. Intl, Inc.
2 Identify all subsidiary entities of the Bidder whose equipment, products, or services are included in the Bid Response.
N/A
3 Identify all applicable assumed names or DBA names of the Bidder or Bidder's subsidiaries in Line 1 or Line 2 above.
N/A
4 Provide your CAGE code or Unique Entity Identifier (SAM):
ZL1MJMDCKJM1
5 Bidder Physical Address:
432 W, Meats Ave.
Orange, CA 92865
6 Bidder website address (or addresses):
www.horizonscci.com
7 Bidder's primary contact for this bid response (name, title, address, email address & phone):
Kinan Kotrash, V. President
714-626-0000
[email protected]
8 Bidder's other contacts for this bid response, if any (name, title, address, email address & phone):
Mike Ortega, Estimator
714-626-0000
[email protected]
Table 2a: Management Plan - Management Team and Work Capabilities Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; respond "N/A" if the question does not apply to you (preferably with an explanation).
Line
item
Question
Bidder's Response*
9 Bidders's Authorized Representative (name, title,
address, email address & phone) (The representative
must have authority to sign the "Assurance of
Compliance' on behalf of the Bidder and, in the event
of award, will be expected to execute the resulting
contract)
Kinan Kotrash
Vice President, of Horizons Construction Company Inn Inc. 432 W Meats Avenue Orange, CA 92865
Email: [email protected]
P: 714-626-0000 F: 714-626-0006
Bid Number: IFB #CA -101723
Vendor Name: Horizons Construction ^ ____.. r_.n '—
10 State the number of years your company has been in
the construction industry, the type of work your
company self -performs, and the type of work your
company typically subcontracts.
Horizons Construction Company has been in business since 2003, and we have 14 years of construction experience. Over the years, we have done construction projects from different aspects of construction, like schools, parks, parking lots, and roadwork. We have also done public buildings Tike New Classroom Buildings, Fire Stations, Police Stations, Courthouse, and Parks. Our single project bonding capacity exceeds $35 million.
Over the last few years, we also have been completing Job Order Contracts for several counties like San Bernardino. Santa Barabra, County of Riverside, California State University Pomona, and San Bernardino, as a General Contractor for a total value of about $10-12 million per year.
We Specialize in the following aspects of work: concrete, grading, demolition, general site work, plumbing, drywall, framing, painting, and ceilings. Horizons holds the specialties license for these tasks.
Horizons Construction also holds the following license. A, B, C-2, C-8, C-12, C-20, C-21, C-36.
We usually sub out the following trades. Electrical, HVAC, utilities, painting, interior demolition, rough carpentry, and structural steel.
11 Provide all names and contact information for any key personnel that will be assigned to this contract.
Kinan Kotrash — (714) 728-4276 [email protected]
Eric Cho — (562) 762-5613 [email protected]
Michael Ortega - (626) 388-3951 [email protected]
Nidal Branbo - (951) 313-8935 [email protected]
Ammar Aijijakli (209) 454-6455 [email protected]
Mike Sanders — (951) 722-6029 [email protected]
Mulham Ghaia - (714) 234-0090 Molham@horizonscci-com
Rigoberto Martinez (951) 407-7086 [email protected] Ghandi Innabi (760) 985-4456 [email protected]
12 Describe the responsibilities and duties for your key personnel that will be assigned to this contract.
Kinan Kotrash — Vice President - Kinan will be the main point of contact for the JOC contract; he will be the key personnel to attend joint scope meetings and sign all needed NTP documentation. He will also be coordinating work and scheduling with owners/agencies.
Eric Cho — Project Manager / Estimator — Eric will be in charge of all work related to site work, demolition, grading and excavation JOC Work orders. He will be attending Job Walks that are related to this scope, and he will be providing pricing for this scope of work. He will also be scheduling his crew to perform the work.
Michael Ortega — Project Manager I Estimator I Project Coordinator — Michael will handle all the detailed scope of work and build proposals for JOC contract work. He will be attending the meetings related to the proposal review and corrections.
Nidal Branbo — Project Manager - Nidal will be responsible for various of our JOC contract work. He will be responsible for managing and arranging crews for his scope of work. Provide needed documentation for these projects and handle all necessary construction project -related issues.
Ammar Aljijakii- Project Manager — Ammar will be responsible for various of our JOC contract work. He will verify and purchase items, schedule a crew to work on -site, and perform various daily construction items like Submittals, Scheduling, RFIs, Daily Reports, etc.
Molham Ghaia— Project Engineer — Molham will be taking care of various of our JOC Contracts. He will be managing the project documentation and attending meeting and scope meetings. He will also be responsible for project close-outs.
Mike Sanders - Site Superintendent — Mike will handle items related on -site, as verifying deliveries. He is communicating with the foreman and the laborers on the work that needs to be done. Make sure the project is getting done in a timely and efficient manner.
13 The contractor is expected to participate in the
development and documentation of the detailed Scope
of Work for each Purchase Order. Explain in detail
your proposed participation and the specific qualities
of your personnel that will add benefit to this process.
Horizons will first attend a joint scope meeting and bring in its own subcontractors to the meeting, and We will go over the scope and create a brief report of the joint scope meeting. We will have subcontractors submit pricing with their scope specified.
Michael will then create a document will all the needed information about the scope of work from the brief scope of work report and information we get from subcontractors. This will include breaking down the project work and giving quantities and take -offs of items. Then we will upload on to egordian. We will then build our proposal base on the Detailed Scope of Work.
Horizons believes it important to provide a well -written, detailed scope of work so that the work is cleared with the owner and agencies and the workers, and the project managers. 14 Provide your approach to the expeditious dose out of Projects, correction of unacceptable Work, and punch
list procedures.
Before completion of a project, Horizons Construction will begin the close-out procedure for the project and punch list items in a timely manner.
Horizons will provide the following items and services to the owner.
1. Finish and Complete all Punch List Items
2. Provide a/ Close-out Documents and Warranty Manual
3. Submitted need Certifications
4. Provide Equipment Startup and Training
5. Provide Project Document As-Builts,
At Horizons, we believe that providing the project close-outs and turning over the project back to the owner on time to ensure that the owner is happy with the project's outcome and that we satisfy all the owner's needs. 15 Contractor is expected to assist Sourcewell in the
marketing of the IDIQ services under the ez/QC brand.
Please provide a specific sales and marketing plan
including your strategy for sales and marketing, the
personnel and their qualifications for sales and
marketing, and the frequency and duration of the
efforts.
If you held a previous ezIQC Contract please describe
how you marketed and sold the contract and list your
accomplishments.
Horizons Construction Company has a great relationship with many cities and counties throughout the State of California.
Our company is well known for its professional handling of all different types of aspects of construction. Our proposal submission process is known to be one of the fastest and most accurate services compared to others.
Horizons was able to maximize its contract with the city of Irvine for three years in a row. Horizons encouraged the city to use source -well for different projects related to park rehabilitation and all other Tenant Improvements throughout the city.
Horizons also encouraged the City of Anaheim to adopt the Sourcewell program due to our unique relationship with the city; a conference call was made by Vice President Kinan Kotrash to the manager of construction facilities in the city, trying to market the Sourcewell program to handle city needs.
On the other hand, Horizons set up a meeting between sourcewell representatives and the City of Placentia to introduce the sourcewell program.
Other efforts included the County of Riverside; due to Horizon's exceptional relationship with the County of Riverside, Horizons was able to convince the county to due multiple projects under sourcewells when the budget did not allow to do it under the County of Riversides regular JOC contract.
Horizons will plan to incorporate our efforts to get other cities and agencies to adapt to the sourcwell program. 16 All Work has a minimum warranty period of one year.
Please describe your process for tracking and
performing warranty work.
Horizons Will Create a log of items with a warranty period and create a time from the notice of completion to one year after that date. When the owner needs repair or maintenance to work performed under contract, we have 72 -hour notice to go out and perform the required work as requested by the owner or agency- Ail warranty period work will be documented and placed in the original log.
17 Provide a current list of the number and classification of your full time employees.
Owners — 2
Project Managers - 5
Project Engineering - 8
Operators - 7
Cement Masons — 25 Plus
Laborers - 40 Plus
Bid Number: IFB #CA -101723
Vendor Name: Horizons Constructior ^---_-_.. r_." '—
Table 2b: Management Plan - Contractor Licensing and Certifications Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; respond "N/A" if the question does not apply to you (preferably with an explanation).
Line
Item
Question
Bidders Response`
18 Does your company maintain a current contractor
license in the type of work you are bidding? If so,
please uploaded all contractor licensing in the upload
tab under "Contractor License"
YES
19 Does your organization have any of the following
business certifications: Small Business Enterprise,
Minority Owned Business Enterprise, Woman Owned
Business Enterprise, Disability Owned Business
Enterprise, Veteran Owned Business Enterprise, Service
Disabled Veteran Owned Business Enterprise, HUBZone,
or similar business certifications/classifications? Please upload any documentation you have regarding these
certifications/classifications in the upload tab
under "SBE/DBE/Related Certification".
NO
Table 3: Office Address(s)
In accordance with IFB #CA -101723 Section III. D., "Bidders must demonstrate a physical presence within the geographic boundary of the region(s), or adjacent region(s) to which they are bidding as identified in the Map of Sourcewell Contract Regions." Please provide your office address(s) within or adjacent to the region(s) you are bidding.
Line Item
Region
Office Address(s)
20 Region 1
21 Region 2
22 Region 3
23 Region 4
24 Region 5
25 Region 6
26 Region 7
27 Region 8
28 Region 9
29 Region 10
Table 4: Precluded from Participating in any Public Procurement Activities If within the past five years, the Bidder has been lawfully precluded from participating in any public procurement activity with a federal, state or local government, then the Bidder must provide a letter with its response setting forth the name and address of the public procurement unit, the effective date of the suspension or debarment, the duration of the suspension or debarment and the relevant circumstances relating to the suspension or debarment. If applicable the Bidder should describe steps taken to improve and ensure these issues do not continue to be a burden. If the Bidder has held a Sourcewell IDIQ Contract and has requested that the contract be terminated, then the Bidder must provide the reason for the request.
Please describe on a separate document and if applicable describe steps taken to improve and ensure these issues do not continue to be a burden. Failure to provide this information may be grounds for disqualification.
Please Select the Appropriate Response Below"
NO - We have not been precluded from participating in any public procurement activity with a federal, state or local government.
Table 5: Agreement to Work Outside of the Geographic Region There are times that a Contractor may be asked to perform work for certain Sourcewell Participating Entities that have facilities in areas outside of the geographic region . By acknowledging your acceptance below, the Bidder is saying that they will consider performing work in such areas in the Commonwealth or other States/Commonwealths. The Contractor will have the option to decline Projects outside of the Geographic Area if they so desire.
Please Select the Appropriate Response Below"
YES - Contractor agrees to consider working in areas outside of the Geographic Area.
Bid Number: IFB #CA -101723 Vendor Name: Horizons Construction ^ ____.. '_.n
Table 6a: Project Experience
The awarded Contractor must have the capacity and capability to perform multiple projects at multiple locations simultaneously. Demonstrate this capacity and capability by providing six projects that meet the following information for each project over $25,000 completed in the last three years. Past public (municipal, county, commonwealth, state, educational institution, or similar) projects within the State of California are preferred.
Description
Project Experience #1*
Project Experience #2 *
Project Experience #3*
Customer Contact
Information (Name, Title
Address, Email, Phone)
Andre Schmidt, Division Engineering
LA County Sanitation District
1955 Workman Mill Rd. Whittier CA 90601
[email protected] (310) 638-1161
Michael Courtney, Management Analyst II,
City of Irvine
6427 Oaks Canyon, Irvine, CA 92618
[email protected] (949) 724-8209
Gloria Loofbourrow, Project Manager II
County of San Bernardino
385 N Arrowhead Ave. San Bernardino. CA 92415
[email protected] (909) 387-5000
Project Title
LA County Sanitation Facilities Pavement and
Fencing Improvements
City of Irvine, University, Hicks, Harvard, San Marcos, Collage & Plaza Park Restroom Improvements
Prado Park Phase III Electrical Upgrades
Project Location
321 W Sepulveda Blvd. Carson CA 90745
Various Locations throughout Irvine, CA
16700 Euclid Ave, Chino CA 91708
Project Dollar Amount
$624,751.00
$1,167,493.00
$495,984.81
Project Start Date
07/2021
09/2020
11/2022
Project Completion Date
11/2021
10/2021
06/2023
Bidders key personnel
involved with the project
Mike Sanders (951) 722-6029
Kinan Kotrash (714) 626-0000
Nidal Branbo (951) 313-8935
Description of the work
completed
Demolition of existing road, regrade, install new
gates and fencing, place new class 2 base.
Various Park Improvements to Playground surfacing,
Restroom Improvements, Exterior Improvements, and
Community Building Improvements.
Upgrade New High Voltage Cables and Transformers with
substations, Distribution Boards through out the Park.
Additional Electrical Upgrades to Snack Bar Area.
Table 6b: Project Experience
The awarded Contractor must have the capacity and capability to perform multiple projects at multiple locations simultaneously. Demonstrate this capacity and capability by providing six projects that meet the following information for each project over $25,000 completed in the last three years. Past public (municipal, county. commonwealth, state, educational institution, or similar) projects within the State of California are preferred.
Description
Project Experience #4 *
Project Experience #5 *
Project Experience #6*
Customer Contact
Information (Name, Title
Address, Email, Phone)
Rizald Baluyot, Facilities Operations Manager
County of Riverside
3450 14th Street 2nd Floor Riverside CA 92501
[email protected] (951) 232-9268
Elsy Banks, Project Manager II
County of San Bernardino
385 N Arrowhead Ave. San Bernardino. CA 92415
[email protected] (909) 387-5000
Anna Rodriguez, Project Manager
County of Riverside
44199 Monroe Street, Suite B, Indio, CA 92201
[email protected] (760) 863-2537
Project Title
RTC Site Perimeter Fencing & Landscaping
Revision
Glen Helen Regional Park Prefabricated Restroom
Installation
Indio Fairgrounds Shalimar Building Structural Roof
Repairs
Project Location
9990 County Farm Rd. Riverside, CA 92503
2555 Glen Helen Pkwy, San Bernardino, CA 92407
46-350 Arabia Street, Indio CA, 92201
Project Dollar Amount
$1,251,190.25
$1,426,496.48
$966,1162.98
Project Start Date
10/2022
08/2022
01/2023
Project Completion Date
04/2023
05/2023
03/2023
Bidders key personnel
involved with the project
Faysal Esreb (267) 269-4463
Ammar Aljijak (209) 454-6455
Hatem Ibrahim (714) 417-4323
Description of the work
completed
Construction Security Fence Around entire
perimeter of Lot, Replace all grass area with
Synthetic Turf with gravel and drainage
underneath, Construct new ADA Ramp at
entrance.
Construction of Base pad and concrete around
PreFab Building. Install by Utilities, Plumbing and
Eleictrical Rough In for (4) Pre Fab Building - Install by Crane (4) pre fab restroom Building
Perform Seismic Structural Repair and Framing Repair
to the Shalimar Building. Assessive Repairs need to be
made to the roof and Structural Components, Remove
of the Ceiling to access the Structural framing, install new ceiling and light fixtures.
Documents
Ensure your 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."
tiptoed Instructions - Reauired Documents
Document 1 - Certificate of Good Standing
• Provide a Certificate of Good Standing for your business from the state in which you are organized. If no such certificate is available, a bidder may upload a statement to that effect to meet the mandatory upload requirement.
Document 2 - Bonding Company Letter
• Provide a current letter from your bonding company setting forth your company's available bonding capacity and availability and confirming that, if required, your company could provide labor and material payment bonds and performance bonds for certain projects up to the bonding capacity
• Certificate gf Good Standby - Certificate of Status - website down.pdf - Tuesday October 17, 2023 13:15:01 • 5onding_Company Letter - Surety Letter Sourcewell.pdf - Tuesday October 17, 2023 10:25:48 • SBE/DBE/Related Certification (optional)
• Contractor License (optional)
• Additional Document (optional)
Bid Number: IFB #CA -101723 Vendor Name: Horizons Construction ^ ____.. '_." '—
Addenda, Terms and Conditions
BIDDER AFFIDAVIT AND ASSURANCE OF COMPLIANCE
I certify that I am the authorized representative of the Bidder submitting the foregoing Bid with the legal authority to bind the Bidder to this Affidavit and Assurance of Compliance:
1. The Bidder is submitting this Bid under its full and complete legal name, and the Bidder legally exists in good standing in the jurisdiction of its residence.
2. The Bidder warrants that the information provided in this Bid is true, correct, and reliable for purposes of evaluation for contract award.
3. The Bidder, including any person assisting with the creation of this Bid, has arrived at this Bid independently and the Bid has been created without colluding with any other person, company, or parties that have or will submit a Bid under this solicitation; and the Bid has in all respects been created fairly without any fraud or dishonesty. The Bidder has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Bidder has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if the Bidder has worked with a consultant on the bid, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a bid for this solicitation.
4. To the best of its knowledge and belief, and except as otherwise disclosed in the Bid, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired.
5. The contents of the Bid have not been communicated by the Bidder or its employees or agents to any person not an employee or legally authorized agent of the Bidder and will not be communicated to any such persons prior to Due Date of this solicitation.
6. If awarded a contract, the Bidder will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract.
7. The Bidder possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract.
8. The Bidder agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Participating Entities.
Unless otherwise agreed to, the Bidder must provide only new and first -quality products and related services to Sourcewell Participating Entities under an awarded Contract.
9. The Bidder will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.
10. The Bidder understands that Sourcewell will reject IFB Bids that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act.
11. Bidders its employees, agents, and subcontractors are not:
1. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at:hips:// www.trpassygov/ofac/downloads/sdplst . d'
2. Included on the government -wide exclusions lists in the United States System for Award Management found at: https://sam.gov/SAM/; or
3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation.
F By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Kinan Kotrash, V. President, Horizons Constructioin Co. Intl, Inc.
The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid.
Yes r"•• No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document.
Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.
Bid Number: IFB #CA -101723 Vendor Name: Horizons Constructior "' '--
File Na.
Addendum_7_IFB _CA -101723_1 DIQ_Californ is
'.. Wed October 11 2023 10:26 AM
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Tue October 3 2023 12:49 PM
Addendum —5 —IFB CA -101723 101O_Californ is
Fri September 29 2023 12:50 PM
Addendum 4_IFB_CA-101723_I DIQ_California
Mon September_ 252023 02:27 PM
Addendum _3_IFB_CA-101723_ IDIQ_California
Tue September 19 2023 03:43 PM
Addendum_2_IFB_CA-101723_IDIQ_Califore is
Wed September 132023 05:12 PM
Add endu m_1 _IFB_CA-1017231DIQ_Califore is
Wed September 132023 10:25 AM
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attachments (if
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Bid Number: IFB #CA -101723 Vendor Name: Horizons Constructior "' '--
Bid Number: IFB #CA -101723 Vendor Name: Horizons Constructior "' '--
Docusign Envelope ID: 2A9A2EA6-8071-40D2-A3ED-7F956BB8563C
AGREEMENT TO
MODIFY AND EXTEND
SOURCEWELL CONTRACT #CA-R8-GB-101723-HRZ
THIS AGREEMENT TO MODIFY AND EXTEND, Sourcewell Contract #CA-R8-GB-101723-HRZ, is effective upon the date of the last signature below.
Sourcewell and Horizons Construction Company Int'I Inc. ("Contractor") have entered into an Indefinite Delivery -Indefinite Quantity Construction Contract, Contract Number CA-R8-GB-101723-HRZ, with an initial term ending December 5, 2024, and five bilateral options to extend for an additional one-year term ("Contract"). The parties agree to modify and extend the Contract as stated below.
CONTRACT MODIFICATION
The following is adopted as the new CTC for the Contract effective December 6, 2024:
Sourcewell California - Re
on
Pursuant to the Contract, Contractor's Adjustment Factors remain fixed for the duration of the contract term and are unaffected by this modification.
EXERCISE OF OPTION: EXTENSION
Contractor and Sourcewell hereby desire and agree to extend the Contract, with the above modification, for the period of December 6, 2024 through December 5, 2025.
Sourcewell Horizons Construction Company Int'I Inc.
per --Signed by: p—DocuSigned by:
Julumy Sau&i `»y
By: '.cnFn24n 4nneag4
Jeremy Schwartz Kinan Kotrash
Title: Chief Procurement Officer Title: Vice President
By: 2n'{fi45fl7F 54444
11/15/2024 I 6:11 PM CST
Date:
Date: 11/15/2024 1 10:09 AM PST
DocuSign Envelope ID: FDFD8B52-66AE-47E3-A5A2-D1DB2DD28870 C
Indefinite Delivery -Indefinite Quantity Construction Contract Contract Number: CA-R8-GB-101723-HRZ
Service Type: General Building
This Indefinite Delivery -Indefinite Quantity Construction Contract (Contract) is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 and Horizons Construction Company Int'I Inc., 432 W Meats Avenue, Orange , California 92865 (Contractor).
Sourcewell is a State of Minnesota local government agency 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 federal, state and municipal governmental entities, K-12 and higher education entities, nonprofit entities, tribal governments, and other public entities located within the United States.
The Contractor desires to contract with Sourcewell to provide construction services to entities that access Sourcewell's indefinite delivery -indefinite quantity (IDIQ) construction contracts within the Service Region.
TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract, including the General Terms and Conditions incorporated by reference, is effective upon the later of December 6, 2023 or the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires December 5, 2024, unless it is terminated sooner pursuant to Article XX of the General Terms and Conditions, which are incorporated into this Contract by reference. This Contract allows up to five additional one-year extensions upon the request of Sourcewell and written agreement with Contractor. Sourcewell retains the right to consider additional extensions beyond six years as required under exceptional circumstances.
II. REGION AND SERVICES
The Contractor's Region is: Region 8. The Contractor's IDIQ construction service type is: General Building. The Contractor has agreed to perform work outside the Region.
III. ADJUSTMENT FACTORS
The Contractor will perform any or all Tasks in the Construction Task Catalog for the Unit Price appearing therein multiplied by the following Adjustment Factors. See the General Terms and Conditions for additional information.
A. Normal Working Hours — Prevailing Wage Rate Projects: Work performed from 7:00 a.m. until 4:00 p.m. Monday to Friday, except Holidays. The Contractor will perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: L0300.
Rev. 4/2021
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California
DocuSign Envelope ID: FDFD8B52-66AE-47E3-A5A2-D1DB2DD28870 B. Other Than Normal Working Hours — Prevailing Wage Rate Projects: Work performed from 4:00 p.m. to 7:00 a.m. Monday to Friday, and any time Saturday, Sunday and Holidays. The Contractor will perform Tasks during Other Than Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.0700.
C. Secured Facilities/OSHPD Prevailing - Wage Rate Projects: Work performed from 7:00 a.m. until 4:00 p.m. Monday to Friday, except Holidays. The Contractor will perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.0700.
D. All Union Wage Projects: Work performed from 7:00 a.m. until 4:00 p.m. Monday to Friday, except Holidays. The Contractor will perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.0700.
E. Non pre -priced Adjustment Factor: To be applied to Work determined not to be included in the CTC but within the general scope of the work: 1.1500.
VI. AUTHORIZED REPRESENTATIVE
A. Sourcewell's Authorized Representative is its Chief Procurement Officer.
B. The Contractor's Authorized Representative is Kinan Kotrash. If the Contractor's Authorized Representative changes at any time during this Contract, Contractor must promptly notify Sourcewell in writing.
Sourcewell
DocuSigned by:
By: C0FD2A139D06489..
Jeremy Schwartz
Title: Chief Procurement Officer
Date: 12/1/2023 1 2:54 PM CST
Rev. 4/2021
Horizons Construction Company Int'I Inc.
DocuSigned by:
tAzt3A, ;=6fretsL,
'-2D364587FC59499...
By:
Kinan Kotrash
Title: Vice President
Date: 12/1/2023 1 10:32 AM PST
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
EXCUTIVE SUMMARY
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Bernardo Iniguez, Director of Public Works/Facilities SUBJECT: Consideration of a Resolution Approving a First Amendment to Agreement Number 201294 Between the Metropolitan Water District of Southern California and Central Basin Municipal Water District and the City of Bell Gardens for the Stormwater for Recharge Use Pilot Program - Monitoring Equipment Installation
MEETING DATE: November 10, 2025
RECOMMENDATION:
It is staff's recommendation that the City Council adopt the attached Resolution authorizing the City Manager to execute a First Amendment to the Stormwater for Recharge Use Pilot Program - Monitoring Equipment Installation Agreement between the Metropolitan Water District of Southern California and Central Basin Municipal Water District and the City of Bell Gardens, in a form approved by the City Attorney.
BACKGROUND / DISCUSSION:
On April 6, 2020, the City of Bell Gardens ("City") applied for a grant from the Metropolitan Water District of Southern California ("MWD") under its Recharge Pilot Program ("RPP").
The RPP encourages development and monitoring of new and existing stormwater recharge projects by providing financial incentives for construction and/or monitoring equipment installation of projects and supplemental reporting costs. MWD offers different incentive amounts for the RPP based on project type.
The City applied for funding under the RPP's monitoring equipment installation category for a maximum funding of $500,000. As a Responsible Agency, MWD's Board of Directors reviewed the City's application and environmental documentation to determine the financial assistance they would provide for the project within the RPP. MWD's Board approved the Project Agreement on February 9, 2021.
The RPP monitoring project includes installing monitoring equipment, developing modeling tools, and performing a minimum of three years of stormwater recharge monitoring and reporting for the John Anson Ford Park Infiltration Cistern. The monitoring and reporting elements include:
• Monitoring stormwater capture and groundwater levels. • Reporting on modeling results.
• Evaluating increases in storage and groundwater production. • Preparing three annual monitoring reports to summarize data collection and analysis.
The partnership with MWD and the Central Basin Municipal Water District ("Central Basin") in the RPP provides a better understanding of the connection between captured stormwater and water supply yield.
On May 10, 2021, the City Council approved an agreement between MWD, Central Basin, and the City for the Stormwater for Recharge Use Pilot Program - Monitoring Equipment Installation. On October 9, 2025, Central Basin provided a draft amendment to extend the term of the agreement from December 31, 2025, to December 31, 2029, to allow more time to complete the work and submit invoices due to unavoidable work delays during construction.
CONCLUSION:
Approving a First Amendment to the Agreement would extend the term to allow more time to complete the work and submit invoices.
FISCAL IMPACT:
There is no fiscal impact to the General Fund. This Pilot Program provides the City $500,000 to offset the cost of the installation of monitoring equipment and the cost to monitor the performance of the project for a period of three years. The City will be reimbursed in arrears for the costs incurred during the monitoring project.
APPROVALS:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services
RESOLUTION NO. 2025-114
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING A FIRST AMENDMENT TO
AGREEMENT NUMBER 201294 BETWEEN METROPOLITAN WATER
DISTRICT OF SOUTHERN CALIFORNIA AND CENTRAL BASIN
MUNICIPAL WATER DISTRICT FOR THE STORMWATER FOR
RECHARGE USE PILOT PROGRAM - MONITORING EQUIPMENT
INSTALLATION
WHEREAS, on May 10, 2021, the City Council approved Agreement Number 201294 between the Metropolitan Water District of Southern California ("MWD"), Central Basin Municipal Water District ("Central Basin"), and the City of Bell Gardens ("City") for the Stormwater for Recharge Use Pilot Program - Monitoring Equipment Installation ("Master Agreement") for the John Anson Ford Park Infiltration Cistern; and WHEREAS, on July 19, 2021, the City, MWD, and Central Basin entered into the Master Agreement to provide a maximum of $500,000 for the installation of monitoring equipment and imposing reporting requirements on the City and Central Basin related to the John Anson Ford Park Infiltration Cistern; and
WHEREAS, the Master Agreement is in effect through December 31, 2025; and WHEREAS, the City now desires to amend the existing Master Agreement by entering this First Amendment to allow more time to complete the work and submit invoices due to unavoidable work delays during construction.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council hereby finds and determines that the foregoing recitals are true and correct, constitute a material part of this Resolution, and therefore incorporate them herein in their entirety as part of the findings.
SECTION 2. Based upon the above recitals, the staff report accompanying this Resolution, and such other oral and written evidence, the City Council hereby approves a First Amendment to the Master Agreement with the Metropolitan Water District of Southern California and Central Basin Municipal Water District, which is attached to the staff report as Exhibit 2.
SECTION 3. The City Council further authorizes and directs the City Manager to execute the First Amendment with the Metropolitan Water District of Southern California and Central Basin Municipal Water District on the City's behalf, subject to City Attorney approval as to form, along with any other ancillary documents relating thereto, including any other documents consistent with and necessary to implement and effectuate the intent of the City Council as set forth in this Resolution.
Resolution No. 2025-114
SECTION 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
PASSED, APPROVED, and ADOPTED this 10th day of November, 2025.
THE CITY OF BELL GARDENS
Marco Barcena, Mayor
APPROVED AS TO FORM: ATTEST:
Stephanie Vasquez
City Attorney
2 of 3
Daisy Gomez
City Clerk
Resolution No. 2025-114
I, , City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on November 10, 2025, and was approved and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Daisy Gomez
City Clerk
3 of 3
FIRST AMENDMENT
TO
AGREEMENT NUMBER 201294
BETWEEN
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
AND
CENTRAL BASIN MUNICIPAL WATER DISTRICT
AND
THE CITY OF BELL GARDENS
STORMWATER FOR RECHARGE USE PILOT PROGRAM -MONITORING
EQUIPMENT INSTALLATION
THIS FIRST AMENDMENT TO THE STORMWATER FOR RECHARGE USE
PILOT PROGRAM -MONITORING EQUIPMENT INSTALLATION AGREEMENT NUMBER 201294, is entered into on this day of , 2025 by and among THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public agency of the State of California, organized and existing under The Metropolitan Water District Act of the State of California, engaged in transporting, storing, and distributing water in the counties of Los Angeles, Orange, Riverside, San Diego, San Bernardino, and Ventura within the State of California, hereinafter referred to as Metropolitan, and THE CENTRAL BASIN MUNICIPAL WATER DISTRICT, a member public agency of Metropolitan, hereinafter referred to as Agency, and THE CITY OF BELL GARDENS, a municipal corporation, hereinafter referred to as Project Owner. Metropolitan, Agency, and Property Owner may be collectively referred to as "Parties" and individually as "Party."
RECITALS
WHEREAS, the Parties entered into Agreement No. 201294 Stormwater for Recharge Pilot Program — Monitoring Equipment Installation Agreement (the "Agreement") on July 19, 2021, for the John Anson Ford Park Infiltration Cistern Project as part of Metropolitan's Stormwater Pilot Program; and
WHEREAS, the Parties desire to amend the Agreement with this First Amendment ("Amendment") to extend the term of the Agreement from December 31, 2025, to December 31, 2029, to allow more time for Agency to complete work and submit invoices due to unavoidable work delays during construction.
NOW THEREFORE, in consideration of the mutual covenants contained in the Agreement, including this First Amendment, the Parties agree that the Agreement is amended as follows:
4918-2114-1857 v2
TERMS OF AGREEMENT
1. Section 2, "Time and Term," is amended to read as follows:
"This Agreement is in effect from July 19, 2021, through December 31, 2029, subject to earlier termination pursuant to Section 25 Termination below."
2. The table in Exhibit A, "Scope of Work," under "Preliminary Project Implementation Milestones/Schedule," is amended to read as follows:
Milestone
Deliverables
Estimated Date
1. Install flow control gate valve,
flow meters and water sensor
indicator, data logger/controller
Notice of Completion
Estimated
January 2026
2. Develop a groundwater model
using the USGS PULSE model
to estimate groundwater recharge
Groundwater Model Report
June 2026
3. Develop WMMS model to
determine the flow diversion
based on the calculated runoff
from the tributary watershed that
will end up as recharge to
Central Basin
WMMS2 Model Report
June 2026
Monitoring and Reporting
4. Monitoring and Reporting
Begin
Notice of start of monitoring
July 1, 2026
5. Annual Monitoring Report 1
Monitoring Report
September 30, 2027
6. Annual Monitoring Report 2
Monitoring Report
September 30, 2028
7. Final Annual Monitoring
Report 3
Final Monitoring Report
September 30, 2029
8. Final Payment by
Metro )olitan
Final Payment
December 31, 2029
3. Section 8 "Progress Reports" is amended to read as follows:
"Agency must submit progress reports to Metropolitan accompanying each invoice. The submittal of these reports is a requirement for ongoing disbursement of funds. In the event Agency fails to timely provide a progress report to Metropolitan causing delay or suspension of fund disbursement, Agency shall indemnify, defend, and hold harmless Property Owner from and against all losses, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, court costs, and other expenses incurred in investigation, defending, or settling any action or threatened action arising from or in connection with such breach."
4918-2114-1857 v2
4. Section 8(1)(c) "Annual Monitoring Reports" is amended to read as follows:
"Failure of Project Owner to submit the Annual Monitoring Reports within the timeframe established in Exhibit A or within any authorized extension of times will be a breach of this Agreement ("Reporting Breach"). In the event of a Reporting Breach, Project Owner shall indemnify, defend, and hold harmless Agency from and against all losses, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, court costs, and other expenses incurred in investigation, defending, or settling any action or threatened action arising from or in connection with such breach."
5. Except as herein amended above, all other terms and conditions of the Agreement shall remain in full force and effect. A11 other Agreement terms and conditions not expressly set forth above remain unchanged.
6. This Amendment to the Agreement may be executed in one or more counterparts and by the parties in separate counterparts, each of which, when executed shall be deemed to be an original but all of which, taken together, shall constitute one and the same agreement.
7. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
8. The persons executing this Amendment on behalf of the Parties here warrant that (i) such Party is duly organized and existing, (ii) they are'duly authorized to execute and deliver this Amendment on behalf of said Party, (iii) by so executing this Amendment such Party is formally bound to the provisions of this Amendment, and (iv) entering into this Amendment does not violate any provision of any other agreement to which said Party is bound.
es on following pages]
4918-2114-1857 v2
IN WITNESS WHEREOF, the parties have executed and entered into this First Amendment Agreement as of the date last written below:
CENTRAL BASIN MUNICIPAL WATER THE METROPOLITAN WATER DISTRICT OF
DISTRICT SOUTHERN CALIFORNIA
By
General Manager
Elaine Jeng
General Manager
Date
By
District Counsel
Date
4918-2114-1857 v2
By
Name of Group Manager
Title of Grou
Date..
Manage
APPROVED AS T() FORM:
Marcia L. Scully
General Counsel
By
Alondra Es-nnosa
Deluty General Counsel
Date
THE CITY OF BELL GARDENS
By
Michael B. O'Kelly
City Manager
Date
APPROVED AS TO FORM:
By
Stephanie Vasc
City Attorney
Date
4918-2114-1857 v2
uez
DocuSign Envelope ID: F09E7252-32DB-4411-909A-C95642DA66BA THE METROPOLITAN iNATER DISTRICT
OF SOU I!ERN CALIFORNIA
Office of the General Manager
July 15, 2021
Mr. Alex Rojas
General Manager, Central Basin Municipal Water
District 6252 Telegraph Rd
Commerce, CA 90040
Dear Mr. Rojas:
Request for Signature:
Stormwater for Recharge Pilot Program Agreement with Central Basin Municipal Water District and the City of Bell Gardens for the John Anson Ford Park Infiltration Cistern. Project:
Enclosed for your signature is one original of the Stormwater for Recharge Pilot Program Agreement between the Metropolitan Water District of Southern California (Metropolitan) and the Central Basin Municipal Water District (Central Basin MWD) and the City of Bell Gardens (Bell Gardens) for the John Anson Ford Park Infiltration Cistern Project.
If the terms are acceptable, please have Central Basin MWD's respective representatives sign the enclosed original. Upon completion, a fully executed original agreement will provided for your records.
If you have any questions, please contact Mr. Matt Hacker at (213) 217-6756 or via email at MHacker(iMWDh2o.coul.
Very truly yours,
Brad Coffey
Manager, Water Resources Management
AS:sff
700 N. Alameda Street, Los Angeles, California 90012 • Mailing Address: Box 54153, Los Angeles, California 90054-0153 • Telephone (213) 217-6000
DocuSign Envelope ID: F09E7252-32DB-4411-909A-C95642DA66BA
AGREEMENT
BETWEEN
METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
AND
CENTRAL BASIN MUNICIPAL WATER DISTRICT
AND
THE CITY OF BELL GARDENS
STORMWATER FOR RECHARGE USE PILOT PROGRAM - MONITORING EQUIPMENT
INSTALLATION
AGREEMENT NUMBER
201294
DocuSign Envelope ID: F09E7252-32DB-4411-909A-C95642DA66BA Table of Contents
Paragraph Page
Contract Cover Page
Explanatory Recitals 3
Terms of Agreement 4
1. Scope of Work................ ... .. ...... . ...... . . .. ... .. . ..... . ...... .. ...... . . ................... 4
2. Time and Term 5
3. Agreement Administrators 5
4, Independent Contractor 5
5. Consultants and Sub -consultants 5
6. Metropolitan's Maximum Amount Payable 6
7. Billings and Payments 7
8. Progress Reports 9
9. Business Outreach Program I0
10. Successors and Assignment.................................................................................................10
11. Use of Materials 10
12. Intellectual Property 11
13. Nonuse of Intellectual Property of Third Parties 12
14. Representations 12
15. Legal Requirements 12
16. Guarantee and Warranty 12
17. Access to Metropolitan Premises 13
18. Indemnity 13
19. Insurance 14
20. Audit 17
Central Basin MWD and City of Bell Gardens i Agreement No. 201294 (Monitoring Equipment Installation)
DocuSign Envelope ID: F09E7252-32DB-4411-909A-C95642DA66BA
21. Equal Employment Opportunity, Affirmative Action, and Notification of Employee Rights Underthe NLRA 18
22. Prohibited Relationships with Sanctioned Countries and Persons 18
23. Conflict of Interest and Gift Restrictions 19
24. Use of Metropolitan's Name 20
25. Termination 20
26. Force Majeure Events 21
27. Notices 21
28. Severability 22
29. Jurisdiction and Venue 22
30. Waiver 22
31. Entire Agreement 23
32. Joint Drafting 23
Signature Page 24
Exhibit A - Scopeof Work 26
Exhibit B -Sample Invoice 32
Exhibit C -Annual Monitoring Report Format 34
Exhibit D-ACORD Form or Equivalent 36
Central Basin MWD and City of Bell Gardens i Agreement No. 201294 (Monitoring Equipment Installation)
DocuSign Envelope ID: F09E7252-32DB-4411-909A-C95642DA66BA
AGREEMENT
BETWEEN
METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
AND
CENTRAL BASIN MUNICIPAL WATER DISTRICT
AND
THE CITY OF BELL GARDENS
STORMWATER FOR RECHARGE USE PILOT PROGRAM -MONITORING EQUIPMENT
INSTALLATION
AGREEMENT NUMBER
201294
This Agreement is between THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public agency of the State of California, organized and existing under The Metropolitan Water District Act of the State of California, hereinafter referred to as Metropolitan, CENTRAL BASIN MUNICIPAL WATER DISTRICT, hereinafter referred to as Agency and THE CITY OF BELL GARDENS, hereinafter referred to as Project Owner.
Exolanat or v Recitals
1. Metropolitan is a public agency of the State of California engaged in transporting, storing, and distributing water in the counties of Los Angeles, Orange, Riverside, San Diego, San Bernardino, and Ventura, within the State of California.
2. Agency is a member public agency of Metropolitan, serving 24 cities in southeast Los Angeles County, including the City of Bell Gardens, as well as unincorporated County areas, and has one or more designated representatives on Metropolitan's Board of Directors.
3. This Agreement is entered into with Agency and Project Owner in response to a 2020 launch of the Stormwater for Recharge Pilot Program, dated March 27, 2020. As approved in Metropolitan Board Letter 8-3 dated November 5, 2019, the Stormwater for Recharge Pilot Program (Pilot Program) encourages development and monitoring of new and existing recharge stormwater projects by providing financial incentives for Central Basin MWD and City of Bell Gardens 3 Agreement No. 201294 (Monitoring Equipment Installation)
DocuSign Envelope ID: F09E7252-32DB-4411-909A-C95642DA66BA construction or monitoring installation of projects and supplemental monitoring and reporting costs. The primary purpose of the Pilot Program is to collect data from several region -wide stormwater projects. The data collected will provide a better understanding of actual stormwater runoff capture volumes, actual quantity of water recharged, costs, and project performance. The Pilot Program will help evaluate the potential water supply benefits delivered by stormwater capture projects and provide a basis for potential future funding approaches.
4. Agency submitted an online application on behalf of the Project Owner for the John Anson Ford Park Infiltration Cistern Project (Project) in the City of Bell Gardens on April 7, 2020. As approved in Board Letter 7-3, dated February 9, 2021, the Board authorized Metropolitan to enter into an agreement with a maximum of $500,000 for the installation of monitoring equipment and reporting related to the Project.
5. Metropolitan desires to enter into this agreement with the Agency and Project Owner and Project Owner desires to perform the work according to the terms set forth hereinafter (Project).
Terms of Agreement
1. Sco oe of Work
a. Metropolitan hereby engages Agency and Project Owner to perform the work described in detail in the Scope of Work attached hereto as Exhibit A. b. Agency and Project Owner shall provide deliverables according to the schedule as set forth in Exhibit A. Entries identified in Exhibit A shall have a clearly defined deliverable, date for completion, and associated costs. c. Any adjustments to deliverable descriptions, budget amounts, and schedules in Exhibit A, require written notice to, and written approval by Metropolitan; Agency and Project Owner must certify that any such adjustments do not materially change the basic scope of work, the scheduled deliverables, and/or the Maximum Cost to Metropolitan as identified in this Agreement. d. Agency and Project Owner shall be responsible for verifying completion of consultant's or sub -consultants work in accordance with Exhibit A.
Central Basin MWD and City of Bell Gardens 4 Agreement No. 201294 (Monitoring Equipment Installation)
DocuSign Envelope ID: F09E7252-32DB-4411-909A-C95642DA66BA
2. Time anc Term
This Agreement is in effect from July 19, 2021 through December 31, 2025, subject to earlier termination pursuant to Section 25 Termination below.
3. Agreement Administrators
a. In performing the work under this Agreement, Agency and Project Owner shall coordinate all contact with Metropolitan through its Agreement Administ rat or For purposes of this Agreement, Metropolitan designates Ms. Areeba Syed as the Agreement Administrator. Metropolitan reserves the right to change this designation upon written notice to Agency and Project Owner. b. For purposes of this Agreement, Agency designates Alex Rojas, General Manager as the Agreement Administrator for the Agency. Agency reserves the right to change this designation upon written notice to Metropolitan. c. For purposes of this Agreement, Project Owner designates, Director of Public Works as the Agreement Administrator for the Project Owner. Project Owner reserves the right to change this designation upon written notice to Metropolitan.
4. Inde pendent Contractor
Agency and Project Owner agree to complete the Scope of Work detailed in Exhibit A under this Agreement in the capacity of an independent contractor and neither Agency, Project Owner, and their participating entities, consultants, and sub -consultants nor any of their employees shall be considered to be an employee or agent of Metropolitan. Participating entities are other public and private entities, separate from Agency and Project Owner, which Agency and Project Owner have indicated are participating in the work to provide deliverables as identified in Exhibit A.
5. Consultants anc Sup -consultants
a. Agency and Project Owner shall be responsible to Metropolitan for all work to be performed under this Agreement. All consultants and sub -consultants and their billing rates shall be approved by the Agency and Metropolitan and shall be Central Basin MWD and City of Bell Gardens 5 Agreement No. 201294 (Monitoring Equipment Installation)
DocuSign Envelope ID: F09E7252-32DB-4411-909A-C95642DA66BA reflected in consultant and sub -consultant invoices submitted by Agency to Metropolitan. Project Owner shall be liable and accountable for any and all payments or other compensation to all consultants and sub -consultants performing services under any Project Owner agreement that is necessary and applicable to the performance and completion of this Agreement. Metropolitan shall not be liable for any payment or other compensation for any consultants or sub -consultants.
b. Project Owner's contracts with consultants and sub -consultants shall require consultants and sub -consultant to maintain Workers' Compensation and Automobile Liability insurance as required by the State of California and include the following articles: Intellectual Property, Nonuse of Intellectual Property of Third Parties, Audit, Indemnity and Equal Employment Opportunity and Affirmative Actions as set forth in this Agreement.
c. As applicable, Project Owner's use of consultants and sub -consultants shall adhere to the requirements of Metropolitan's Business Outreach Program as provided herein.
6. Metropolitan's Maximum Amount Payable
a. Metropolitan's payment for the Monitoring Equipment Installation project shall not to exceed $500,000, with a maximum of $350,00 for the installation of the monitoring equipment and groundwater modeling and $150,000 for annual monitoring reports, with a fixed amount of $50,000 per report. Project Owner shall be responsible for all costs in excess of Metropolitan's payment as specified in this Agreement. Metropolitan will pay Agency in two components:
i. Monitoring Equipment Installation: Up to $350,000 for the monitoring equipment installation and groundwater modeling portion of the Project in accordance with the completion of each deliverable as outlined in Exhibit A.
ii. Monitoring/Reporting: $150,000 for monitoring and reporting with a fixed amount of $50,000 per report for a maximum of 3 reports, to cover the time and effort required to produce the data needed for this Project.
Central Basin MWD and City of Bell Gardens 6 Agreement No. 201294 (Monitoring Equipment Installation)
DocuSign Envelope ID: F09E7252-32DB-4411-909A-C95642DA66BA b. In -kind services are not eligible for reimbursement and shall not be included in Agency invoices to Metropolitan. In -kind services include, but are not limited to, work performed by staff of Agency or Project Owner, or staff of Agency's participating entities, and related expenses (e.g., travel, overhead, office supplies, photocopying).
c. Eligible costs include work starting no earlier than date of Agreement Execution, which is in compliance with the requirements of this Agreement and as set forth in Exhibit A. Metropolitan will not accept costs for work performed before the effective date of the Agreement.
7. Billi nas anc Payment s
a. All invoices related to the Project must be submitted by Agency to Metropolitan during the term of this agreement to be considered for payment under the provisions ofthis agreement. Invoices received after the end date ofthis Agreement will not be paid unless Metropolitan, in its sole discretion, grants Agency, in writing, an extension of time to complete the work and submit its invoices. A sample invoice is provided in Exhibit B.
b. Agency shall submit invoices upon completion of each deliverable in accordance with eligible costs as set forth in Exhibit A to Metropolitan's Accounts Payable Section, whose email address isAccnunt sI'ThyableBiUSiric SS (a)rnwdh2o.com, and provide a copy to the Agreement Administrator at A ,ord. Any change of address must be submitted in writing to Metropolitan's Professional Services Contracting Team at Aare ornent Adc rr, ssC: han c»( rrl wdh'2o.corn .
Without proper notification of an address change, Agency's invoice payment may be delayed.
c. Eligible costs are in accordance with the conditions set forth in Exhibit A. d. Agency must include documentation in invoices that it did reimburse Project Owner and responsible parties for the costs in the invoice period. The invoices must include a progress report with a brief summary of the work completed under the costs invoiced and a discussion of any milestones reached or problems Central Basin MWD and City of Bell Gardens 7 Agreement No. 201294 (Monitoring Equipment Installation)
DocuSign Envelope ID: F09E7252-32DB-4411-909A-C95642DA66BA encountered during the period reviewed attached to the invoice. Progress Reports must, at minimum, include the following:
i. Work performed during the stated invoicing period, including tasks or milestones achieved.
ii. List of planned work and significant schedule changes if applicable. iii. Photos of installation progress, as applicable.
e. The individual listed in the agreement as Agency's key personnel or other identified designee shall sign and certify the invoice to be true and correct to the best of his/her knowledge. Project Owner and their consultant's invoices shall include the following information:
i. Agency's name and mailing address, Metropolitan's project name and agreement number, the beginning and ending billing°dates, the maximum amount payable, a summary of costs for the current invoice, amount due for this invoice, and cumulative total amount previously invoiced. ii . Those invoices with consultant labor charges shall be itemized by date of service, employee name, title/classification, corresponding labor rate, number of hours worked, description of work performed, total amount due for labor charges, and shall include the following affirmation:
"By signing this invoice, Agency certifies that work described herein is an accurate and correct record of services performed for Metropolitan under this Agreement and this work has not been billed on any other invoices.". A copy of the fee schedule for all personnel working on the Project must be submitted to Metropolitan for review and approval prior to start of work. Any substitution of key personnel must be approved in advance by Metropolitan's Agreement Administrator.
iii. Invoices shall itemize allowable expenses and include receipts for which reimbursement is sought. Attached receipts should itemize each cost Central Basin MWD and City of Bell Gardens 8 Agreement No. 201294 (Monitoring Equipment Installation)
DocuSign Envelope ID: F09E7252-32DB-4411-909A-C95642DA66BA and provide descriptive information so that expenses are separately identified.
Subject to the approval of the Agreement Administrator, Metropolitan shall make paymentto Agency 30 days after date of the invoice. Agency's invoices submitted more than 90 days after completion of work, may be delayed. g. Metropolitan, Agency, and Project Owner may have entered into agreements for other projects in addition to this Agreement. Each agreement contains specific terms and conditions, payment processes, and project performance criteria.
These agreements are independent from each other, and one agreement shall not be used to fulfill the performance requirements under other agreements.
These provisions shall also apply to all future incentive agreements between Metropolitan, Agency, and Project Owner.
8. ProaressReoorts
Agency must submit progress reports to Metropolitan accompanying each invoice. The submittal of these reports is a requirement for ongoing disbursement of funds.
1. Annual Monitoring Reports
a. During the monitoring period, Project Owner shall submit an annual monitoring report capturing the monitoring data collected and costs incurred in that year.
Draft Monitoring reports must be submitted to Metropolitan within 90 days of the close of each fiscal year for review and approval by Metropolitan, for a minimum of three reports. Monitoring reports should reflect data accumulated from the previous fiscal year and cover a full 12 -months of data collection.
Project Owner shall include, at a minimum, the items listed in Exhibit C, Annual Monitoring Report Format. All Annual Monitoring Reports shall be submitted in digital format and approved by Metropolitan prior to payment of funds by Metropolitan.
b. Upon completion of the Project, Project Owner shall prepare and submit the third and final Monitoring report to Metropolitan. which shall include, at a minimum, the items listed in Exhibit C, Annual Monitoring Report Format. The draft Annual Monitoring Reports shall be provided in digital format and Central Basin MWD and City of Bell Gardens 9 Agreement No. 201294 (Monitoring Equipment Installation)
DocuSign Envelope ID: F09E7252-32DB-4411-909A-C95642DA66BA approved by Metropolitan within 90 days of the close of the fiscal year for Metropolitan's review and approval prior to final payment of funds by Metropolitan. In addition to the final Annual Monitoring Report, raw data shall be provided in its nativeformat.
c. Failure of Project Owner to submit the Annual Monitoring Reports within the timeframe established in Exhibit A or within any authorized extension of time will be a breach of this agreement.
9. Business Outreach Pro gra m
It is the policy of Metropolitan Water District to solicit participation in the performance of all construction, professional services, procurement contracts, supplies, and equipment procured by Metropolitan by all individuals and businesses, including but not limited to small businesses, locally owned businesses, women, minorities, disabled veterans, and economically disadvantaged enterprises. In performing services under this Agreement, Agency and Project Owner shall endeavor to further this policy whenever practicable.
10. Successors and Assignment
This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Agency, Project Owner, including its participating entities, consultants, and sub -consultants, shall not assign or transfer its interest in this Agreement.
11. Use of Materials
Metropolitan will make available to Agency and Project Owner such materials from its files as may be required by Agency and Project Owner to perform services under this Agreement. Such materials shall remain the property of Metropolitan while in the possession of Agency or Project Owner. Upon termination of this Agreement and payment of outstanding invoices of Agency, or completion of work under this Agreement, Agency and Project Owner shall turn over to Metropolitan any property of Metropolitan in their possession and any calculations, notes, reports, electronic files, or other materials prepared by Agency or Project Owner in the course of performing the services under this Agreement.
Central Basin MWD and City of Bell Gardens 10 Agreement No. 201294 (Monitoring Equipment Installation)
DocuSign Envelope ID: F09E7252-32DB-4411-909A-C95642DA66BA
12. Intellectual Pr operty
a. All intellectual property pursuant to this Agreement shall be owned by Project Owner and Project Owner hereby grants Metropolitan and its member public agencies a perpetual, nonexclusive license, at no cost, to use the intellectual property developed in the course of the work performed under this Agreement by Project Owner or any contractor and consultant working on the Project as described in Exhibit A. As used herein, the term "intellectual property" includes, but is not limited to, all inventions, patents, copyrightable subject matter, copyrights, test data, trade secrets, other confidential information and software. b. Project Owner agrees that all results produced in the performance of this Agreement may be released to the public.
c. Metropolitan may utilize any material prepared or utilize work performed by Project Owner pursuant to this Agreement, including computer software, in any manner which Metropolitan deems proper without additional compensation to Project Owner. Project Owner shall have no responsibility or liability for any revisions, changes, or corrections made by Metropolitan, or any use or reuse pursuant to the paragraph unless Project Owner accepts such responsibility in writing.
d. Project Owner shall include the following language in its agreement with any consultant or contractor retained by Project Owner to work on the Project: "AII intellectual property developed pursuant to this Agreement is owned by Project Owner. As used herein, the term 'intellectual property' includes, but is not limited to, all inventions, patents, copyrightable subject matter, copyrights, test data, trade secrets, other confidential information and software." e. Project Owner shall promptly notify Metropolitan, in writing, of all intellectual property conceived or developed in the course of the Project Owner's work for Metropolitan under this Agreement.
Central Basin MWD and City of Bell Gardens 11 Agreement No. 201294 (Monitoring Equipment Installation)
DocuSign Envelope ID: F09E7252-32DB-4411-909A-C95642DA66BA
13. Nonuse of Intellectual Pro pert v of T
iird Parties
Project Owner shall not use, disclose or copy any intellectual property of any third parties in connection with work carried out under this Agreement, except for intellectual property for which Project Owner has a license. Agency and Project Owner shall indemnify and hold Metropolitan harmless against all claims raised against Metropolitan based upon allegations that Project Owner has wrongfully used intellectual property of others in performing work for Metropolitan.
14. Representations
Each Party represents that it is represented by legal counsel, that it has reviewed this Agreement and agrees that:
a. This Agreement is legally enforceable;
b. Payments made by Metropolitan to Agency and Project Owner pursuant to this Agreement are a legal use of Metropolitan's funds; and, c. Metropolitan may legally recover the costs incurred by Metropolitan pursuant to this Agreement in the water rates charged to its Member Agencies, including Agency.
15. Leaal Reauirem ents
Project Owner and Agency shall secure and maintain all licenses or permits required by law and shall comply with all ordinances, laws, orders, rules, and regulations pertaining to the Project work.
16. Guarantee anc
Warrant v
a. Project Owner and Agency guarantee and warrant that the Project work shall be performed and completed in accordance with generally accepted industry standards, practices, and principles applicable to the work. b. Metropolitan's representatives shall at all times have access to the Project work for purposes of inspecting same and determining that the work is being performed in accordance with the terms of this Agreement.
Central Basin MWD and City of Bell Gardens 12 Agreement No. 201294 (Monitoring Equipment Installation)
DocuSign Envelope ID: F09E7252-32DB-4411-909A-C95642DA66BA
17. Access to M et r000lit an Premises
a. At least two business days in advance of any work to be performed on Metropolitan premises, Agency and/or Project Owner shall provide to the Agreement Administrator the names of its personnel or sub -consultant personnel requiring access to Metropolitan premises, intended work locations, and durations of work. The Agreement Administrator shall provide to the Security team manager or his/her designee written notification listing the names of the individuals requiring access, explaining the business need for these individuals to receive the requested access, and reflecting his/her approval.
Except in extraordinary circumstances, all work on Metropolitan's premises shall be scheduled during Metropolitan's normal working days and hours.
Metropolitan shall make a good faith effort to accommodate the requests of Agency or Project Owner, however, Metropolitan's operations and other conflicts may require rescheduling all or part of their work.
18. Incemnity
a. Agency and Project Owner assume all risk of injury to their employees, agents, consultants, sub -consultants, and contractors, including loss or damage to property, in the performance of this Agreement, except for those losses due to Metropolitan's negligence, recklessness or willful misconduct.
b. Agency and Project Owner shall defend, indemnify, and hold harmless Metropolitan, its Board of Directors, officers, employees, and agents from and against all claims, suits, or causes of action for injury to any person or damage to any property to the proportionate extent arising out of, pertaining to, or related to Agency's and Project Owner's negligence, recklessness or willful misconduct in the performance of this Agreement, including any claims, suits, or causes of action by any employee of the Agency or Project Owner relating to his or her employment status with Metropolitan and/or rights to employment benefits from Metropolitan.
Central Basin MWD and City of Bell Gardens 13 Agreement No. 201294 {Monitoring Equipment Installation)
DocuSign Envelope ID: F09E7252-32DB-4411-909A-C95642DA66BA
19. Insurance
a. Agency and Project Owner shall procure and maintain or cause to be maintained for the duration of this Agreement insurance, or a program of self insurance, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Project Owner and its participating entities, consultants, and sub -consultants, and their agents, representatives, or employees.
b. Agency and Project Owner shall sustain proof of insurance coverage in an updated ACORD form (attached hereto as Exhibit D), or equivalent, which in the case of self-insurance consists of a letter outlining the risk financing program, and incorporated by reference, during the term of this Agreement. Failure to provide the updated insurance ACORD form, or equivalent, annually may result in the withholding of Agency's invoice payment. Agency and Project Owner shall list the agreement number on the ACORD form, or equivalent, and email toro, \[1r o rnr�nillFSrsl�� '12c, corn with a copy to Metropolitan's Agreement Administrator at ASv dE(6)rrn wdh2o.corre.
c. Minimum Scope of Insurance
Coverage shall be at least as broad as:
Insurance Services Office Commercial Liability coverage (occurrence Form CG0001).
Insurance Services Office Form Number CA 0001 covering
Automobile Liability, Code 1, (any auto).
Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
Professional Liability or Errors and Omissions Liability insurance appropriate to the Agency's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability. d. Minimum Limits of Insurance
Central Basin MWD and City of Bell Gardens 14 Agreement No. 201294 (Monitoring Equipment Installation)
DocuSign Envelope ID: F09E7252-32DB-4411-909A-C95642DA66BA Agency and Project Owner shall maintain limits no less than:
General Liability: Including operations, products and completed operations as applicable, $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Project or location, or the general aggregate limit shall be twice the required occurrence limit.
ii. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
Workers' Compensation: Shall be furnished in accordance with statutory requirements of the State of California and shall include Employer's Liability coverage of $1,000,000 per accident for bodily injury or disease.
iv. Professional Liability or Errors and Omissions Liability: $1,000,000 per claim, with a $2 million aggregate.
e. Acceptability of Insurers: Insurance is to be placed with California admitted insurers with a current A.M. Best's rating of no less than A:VIII. A non -admitted carrier may be used with prior approval from Metropolitan, with an A.M. Best rating of no less than A: X. An exception to these standards will be made for the State Compensation Insurance Fund when not specifically rated.
General Liability and Automobile Liability Endorsements: The commercial general liability policy and automobile policies are to contain, or be endorsed to contain, the following provisions:
Metropolitan, its officers, officials, employees and agents are to be covered as additional insureds as respect to liability arising out of work or operations performed by or on behalf of the Agency and Central Basin MWD and City of Bell Gardens 15 Agreement No. 201294 (Monitoring Equipment Installation)
DocuSign Envelope ID: F09E7252-32DB-4411-909A-C95642DA66BA the Project Owner; or automobiles owned, leased, hired or borrowed by the Agency and Project Owner.
ii. For any claims related to this Project, the Project Owner's insurance coverage shall be primary insurance as respect to Metropolitan, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by Metropolitan, its officers, officials, employees or agents shall be excess of the Project Owner's insurance and shall not contribute with it.
Each insurance policy required bythis clause shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to Metropolitan.
g.
Iv.
Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
Other Endorsements and Insurance Provisions
All rights of subrogation under the property insurance policy (if the policy is required) have been waived against Metropolitan.
The workers' compensation insurer, agrees to waive all rights of subrogation against Metropolitan for injuries to employees of the insured (Agency) resulting from work for Metropolitan or use of Metropolitan's premises or facilities.
If General Liability, Pollution and/or any Asbestos Pollution Liability and/or professional liability or Errors & Omissions coverage are written on a claims -made form:
1) The "Retro Date" must be shown, and must be before the date of the contract or the beginning of contract work.
Central Basin MWD and City of Bell Gardens 16 Agreement No. 201294 (Monitoring Equipment Installation)
DocuSign Envelope ID: F09E7252-32DB-4411-909A-C95642DA66BA 2) Insurance must be maintained for at least five (5) years after completion of the contract work. On Metropolitan's request, Agency shall provide evidence of insurance
verifying that coverage is/was in effect during said five-year period.
3) If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a "Retro Date" prior to the contract effective date, the Agency must
purchase "extended reporting" coverage for a minimum of five (S) years after completion of contract work.
4) A copy of the claims reporting requirements must be
submitted to Metropolitan for review if requested.
20. Audit
a. Agency shall be responsible for ensuring the accuracy and propriety of all billings and shall maintain all supporting documentation for the period specified below. b. Metropolitan will have the right to audit Agency's invoices, Project Owner's invoices, consultant and subconsultant invoices, and all supporting documentation for purposes of compliance with this Agreement during the term ofthis Agreement and for a period of three years following completion of the Project as defined under this Agreement.
Agency shall be responsible for maintaining the supporting documentation for a period of three years following completion of the Project as defined under this agreement
c. Upon reasonable notice from Metropolitan, Agency shall cooperate fully with any audit of its billings conducted by Metropolitan and shall permit access to its books, records and accounts as may be necessary to conduct such audits.
Central Basin MWD and City of Bell Gardens 17 Agreement No. 201294 (Monitoring Equipment Installation)
DocuSign Envelope ID: F09E7252-32DB-4411-909A-C95642DA66BA
21. Equal Em Dlovment ODDort unit v. Affirmative Act ion , and Notification of Em oloyee Ri ahts Uncer the NLRA
Metropolitan is an equal opportunity employer and a federal contractor. Consequently, the parties agree that, as applicable, they will abide by the requirements of 41 CFR 60-1.4(a), 41 CFR 60-300.S(a), and 41 CFR 60-741.S(a) and that these regulations are incorporated herein by reference. These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, or national origin. These regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national origin, protected veteran status, or disability. The parties additionally agree that, as applicable, they will abide by the written affirmative action program requirements of 41 CFR 60-1.40, 41 CFR 60-300.40, and 41 CFR 60-741.40. The parties also agree that, as applicable, they will abide by the requirements of Executive Order 13496 (29 CFR Part 471, Appendix A to Subpart A), relating to the notice of employee rights under federal labor laws. The parties further agree that, as applicable, they will abide by the requirements of Federal Acquisition Regulation Clauses 52.222-26 (Equal Opportunity), 52.222-35 (Equal Opportunity for Veterans), 52.222-36 (Affirmative Action for Workers with Disabilities), and 52.222- 40 (Notification of Employee Rights Under the National Labor Relations Act) and that these regulations are incorporated herein by reference. Agency agrees to submit to Metropolitan evidence of compliance with this section, as applicable, within 30 days of a request.
22. Prohibited Relationshi DS with Sanctioned Countries and Persons Agency and Project Owner represent and warrant that both 1) Agency and Project Owner, and 2) to the knowledge of Agency and Project Owner, their directors, officers, employees, subsidiaries, participating entities, consultants, and sub -consultants, are not engaged in any business transactions or other activities prohibited by any laws, regulations or executive orders relating to terrorism, trade embargoes or money laundering ("Anti -Terrorism Laws"), including Executive Order No. 13224 on Terrorist Financing, effective September 24, 2001 (the "Executive Central Basin MWD and City of Bell Gardens 18 Agreement No. 201294 (Monitoring Equipment Installation)
DocuSign Envelope ID: F09E7252-32DB-4411-909A-C95642DA66BA Order"), the Patriot Act, and the regulations administered by the Office of Foreign Assets Control ("OFAC") of the U.S. Department of Treasury, including those parties named on OFAC's Specially Designated Nationals and Blocked Persons List. Agency and Project Owner are in compliance with the regulations administered by OFAC and any other Anti -Terrorism Laws, including the Executive Order and the Patriot Act. In the event of any violation of this section, Metropolitan shall be entitled to immediately terminate this Agreement and take such other actions as are permitted or required to be taken under law or in equity.
23. Conflict of Interest and Gift Restrictions
a. Agency and Project Owner represent that they have advised Metropolitan in writing prior to the date of signing of this Agreement of any known relationships with a third party, Metropolitan's Board of Directors, or employees which would (1) present a conflict of interest with the work performed under this Agreement, (2) prevent Agency or Project Owner from performing the terms of this Agreement, or (3) present a significant opportunity for the disclosure of confidential information.
b. Agency and Project Owner agree not to accept any employment during the term of this Agreement from any other person, firm or corporation where such employment is a conflict of interest or where such employment is likely to lead to a conflict of interest between Metropolitan's interest and the interests of such person, firm or corporation or any other third party. Agency and Project Owner shall immediately inform Metropolitan, throughout the term of this Agreement, if any employment contemplated may develop into a conflict of interest or potential conflict of interest.
c. Agency and Project Owner are hereby notified that Sections 7130 and 7131 Metropolitan's Administrative Code, the California Political Reform Act ("PRA") and regulations of the Fair Political Practices Commission ("FPPC") prohibit Metropolitan Board members, officers and employees from receiving or agreeing to receive, directly or indirectly, any compensation, reward or gift from any source except from his or her appointing authority or employer, for any Central Basin MWD and City of Bell Gardens 19 Agreement No. 201294 (Monitoring Equipment Installation)
DocuSign Envelope ID: F09E7252-32DB-4411-909A-C95642DA66BA action related to the conduct of Metropolit an's business, except as specifically provided in the Administrative Code Sections 7130 and 7131, the PRA and FPPC regulations. Agency agrees not to provide any prohibited compensation, reward or gift to any Metropolitan Board member, officer or employee.
24. Use of M etr000lit an' s Name
Agency, Project Owner, and their participating entities, consultants, and sub -consultants shall not publish or use any advertising, sales promotion, or publicity in matters relating to services, equipment, products, reports, and material furnished by Agency, Project Owner and their participating entities, consultants, and sub -consultants in which Metropolitan's name is used, or its identity implied without the Agreement Administrator's prior written approval. This provision survives the termination of this Agreement .
25. Termination
a. Metropolitan may terminate this Agreement with or without cause by providing written notice to Agency and Project Owner not less than thirty (30) days prior to an effective termination date. Metropolitan's only obligation in the event of termination will be payment of costs for which Metropolitan is responsible pursuant to this Agreement.
b. This Agreement may be terminated by Metropolitan upon written notice to the Agency and the Project Owner if the installation of the monitoring equipment as set forth in Exhibit A has not been completed within one year of agreement execution date.
c. Agency or Project Owner may terminate with or without cause by providing written notice to Metropolitan not less than thirty (30) days prior to the effective termination date. If Agency or Project Owner terminate before approval of the first Annual Monitoring Report, the Agency and Project Owner shall be obligated to return all funds provided by Metropolitan to date. If Agency or Project Owner terminate this Agreement after approval of at least one Annual Monitoring Report, then the obligation of Agency and Project Owner shall be to return a prorated share of the funds provided by Metropolitan (prorated share of funds Central Basin MWD and City of Bell Gardens 20 Agreement No. 201294 (Monitoring Equipment Installation)
DocuSign Envelope ID: F09E7252-32DB-4411-909A-C95642DA66BA to be returned= number of approved Annual Monitoring Reports/ 3) * funds provided by Metropolitan). Project Owner shall also provide all data collected prior to termination.
26. Force M a 'eure Events
a. Excuse to Performance: In addition to specific provisions of the Agreement, lack of performance by any Party shall not be deemed to be a breach of this Agreement, where delays or defaults are due to acts of God, or the elements, casualty, strikes, lockouts, or other labor disturbances, acts of the public enemy, orders or inaction of any kind from the government of the United States, the State of California, or any other governmental, military or civil authority (other than Metropolitan, or another party to this Agreement}, war, insurrections, riots, epidemics, landslides, lightning, droughts, floods, fires, earthquakes, civil disturbances, freight embargoes, or any other inability of any Party, whether similar or dissimilar to those enumerated or otherwise, which are not within the control of the Party claiming such inability or disability, which such Party could not have avoided by exercising due diligence and care and with respect to which such Party shall use all reasonable efforts that are practically available to it in order to correct such condition (such conditions being herein referred to as "Force Majeure Events").
b. Responding to Force Majeure Events: The Parties agree that in the event of a Force Majeure Event which substantially interferes with the implementation of this Agreement, the Parties will use their good faith efforts to negotiate an interim or permanent modificatiori to this Agreement which responds to the Force Majeure Event and maintains the principles pursuant to which this Agreement was executed.
27. Notices
Any notice or communication given under this Agreement shall be effective when deposited, postage prepaid, with the United States Postal Service and addressed to the contracting parties as follows:
Central Basin MWD and City of Bell Gardens 21 Agreement No. 201294 (Monitoring Equipment Installation)