Mayor Pro Tem Alarcón will be participating via teleconference from New York
Marriott Marquis, 1535 Broadway, 8th Floor Lobby, New York, NY 10063 pursuant to
Government Code Section 54953
1. CALL MEETING TO ORDER
*Note: All City Council memberships are reflected in their City Council titles.
2. ROLL CALL
MAYOR BETTENCOURT, MAYOR PRO TEM ALARC
Ó
N, COUNCILMEMBERS
BISHOP, LOA, OHLSEN
3. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
4. PRESENTATIONS
4.1 Presentation by American Public Works Association to Lynn Glidden, Director of Public Works, recognizing the Public Works Department re-accreditation.
5. WAIVER OF FULL READING OF RESOLUTION(S) and ORDINANCE(S) Staff Recommendation: Move to waive full reading of the Resolution (s) and/or Ordinance(s) to be considered and voted on at this meeting. (Voice Vote - Requires a majority to waive.)
CITY COUNCIL MEETING
SUCCESSOR AGENCY
CITY COUNCIL CHAMBERS
38300 SIERRA HIGHWAY
SUITE B
PALMDALE, CA 93550
WEDNESDAY, JULY 12, 2023
5:00 PM
www.cityofpalmdale.org
WELCOME
City Council
Wednesday, July 12, 2023
6. PUBLIC COMMENT RULES:
“(California Government Code Section 54954.3).
(a) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body’s consideration of the item, that is within the subject matter jurisdiction of the legislative body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of Section 54954.2 [section omitted].
(b) (1) The legislative body of a local agency may adopt reasonable regulations to ensure that the intent of the subdivision (a) is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker.
(2) Notwithstanding paragraph (1), when the legislative body of a local agency limits time for public comment, the legislative body of a local agency shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non- English speakers receive the same opportunity to directly address the legislative body of a local agency.”
In furtherance of Section 54954.3 of the Brown Act, the public is allotted to speak a total of three (3) minutes on the entirety of the Consent Calendar and Closed Session, with two (2) minutes on each Public Hearing, and, if desired, an additional two (2) minutes on items not on the agenda that are within the subject matter jurisdiction of the City Council.
As specified in the Brown Act, a speaker utilizing a translator will receive twice the amount of time specified.
7. PUBLIC COMMENTS:
CONSENT CALENDAR AND CLOSED SESSION:
Now is the time for public
participation on items listed on the Consent Calendar and Closed Session. Each speaker is allotted three (3) minutes total on the entirety of the above sections.
8. CONSENT CALENDAR
All matters listed under the Consent Calendar will be enacted by one motion unless an item(s) is pulled by Council, in which case the item(s) will be removed from the Calendar and will be considered separately following this portion of the Agenda.
8.1 Receive and file the monthly investment activity reports for May 2023.
1. Staff_Report_-_Investment_Report_MAY_2023.docx
11 May 2023 City of Palmdale & Successor Investment Rpt.pdf
City Council
Wednesday, July 12, 2023
8.2 Approve Agreement with Flock Group, Inc to provide a fixed location Automated License Plate Recognition (ALPR) system, 50 LPR cameras, and provide implementation services in a not to exceed amount of $157,500 for a one (1) year term.
Flock_LPR_Staff_Report_July_2023.docx
A-8391 Signed by Flock.pdf
8.3 Adopt Resolution No. CC 2023-047, a Resolution of the City Council of the City of Palmdale Approving the Palmdale California Environmental Quality Act Procedures.
CC Staff Report CEQA Guidelines.docx
Resolution No. CC 2023-047.docx
Appendix A and B to CEQA Guidelines.docx
EXHIBIT I -CEQA Guidelines.docx
8.4 Notice of Completion - Accept Public Improvements for Pilot Travel Centers located at 5231 Pearblossom Highway.
SR-07122023 (21-15).docx
EXHIBIT A 21-15.docx
EXHIBIT B (21-15).docx
NOC_21-15 ST IMPROVEMENTS.doc
8.5 Notice of Completion - Accept Public Improvements for Desert Wind Church located at 38117 13th Street East.
SR-07122023 (20-27).docx
EXHIBIT A 20-27.docx
EXHIBIT B (20-27).docx
NOC_20-27 ST IMPROVEMENTS.doc
8.6 Award On-Call Emergency Sewer Collection System Repairs Agreement with Mike Prlich & Sons in an amount not to exceed $350,000 for on-call citywide sewer emergency repairs for at term of three (3) years.
On Call Sewer Emergency Repairs -
Staff Report (SB).docx
City of Palmdale - Mike Prlich and Sons, Inc. (A-8329) - 04-10-2023 - Preview.pdf
8.7 Award construction agreement with Blue Ridge Mechanical for PN 804, The Oasis Generator Infrastructure Project, in the amount of $98,078.
PN 804 Staff Report 7.12.23 lg updated.docx
Construction Contract - PN 804 Name of Contractor (A-7416).pdf
8.8 Award construction agreement with Interior Demolition, Inc. for PN 873, Hammack Activity Center Demolition Project, in the amount of $284,295 and determine this project to be exempt from CEQA.
PN 873 Staff Report - Award Construction.docx
PN873 - Hammack Demo Draft (A-8187).pdf
City Council
Wednesday, July 12, 2023
Site Overview.pdf
8.9 Approve Purchase Order No. 20240001 with Walsma Oil Company, Inc. for Diesel and Unleaded Fuel, Motor Oil, and Lubricants in an amount not to exceed $600,000 for FY 2023-24.
SR Approve PO 20240001 Walsma Oil_2ndOTE.docx
1. Requested PO 20240001 Walsma Oil Company, Inc..pdf
2. Price Schedule IFB No. 21-004-3300 Walsma Oil Co. FY 2023-24.pdf
8.10 Approve Purchase Order No. 20240002 with Nutrien AG Solutions, Inc. for fertilizer supplies in an amount not to exceed $207,750 for FY 2023-24.
SR Approve PO 20240002 Nutrien AG_2ndOTE.docx
1. Requested PO 20240002 Nutrien AG Solutions, Inc..pdf
2. Price Schedule IFB No. 21-001-3610 Nutrien AG FY 2023-24.pdf
8.11 Approve Purchase Order No. 20240003 with Smith Pipe & Supply, Inc. for irrigation and water conservation supplies in an amount not to exceed $278,000 for FY 2023-24.
SR Approve PO 20240003 Smith Pipe & Supply_2ndOTE.docx
1. Requested PO 20240003 Smith Pipe & Supply, Inc..pdf
2. Price Schedule IFB No. 21-002-3600 Smith Pipe Supply FY 2023-24.pdf
8.12 Approve Purchase Order No. 20240004 with Wilbur-Ellis Company for herbicide and pesticide chemicals in an amount not to exceed $120,000 for FY 2023-24.
SR Approve PO 20240004 Wilbur-Ellis_2ndOTE.docx
1. Requested PO 20240004 Wilbur-Ellis Company.pdf
2. Price Schedule IFB No. 21-001-3400 Wilbur-Ellis FY 2023-24 v02.pdf
8.13 Approve Purchase Order No. 20240005 with Hasa, Inc. for pool chemical supplies in an amount not to exceed $155,000 for FY 2023-24.
SR Approve PO 20240005 Hasa, Inc_2ndOTE.docx
1. Requested PO 20240005 Hasa, Inc. OLD.pdf
2. Price Schedule IFB No. 21-002-3400 Hasa Inc. FY 23-24.pdf
8.14 Approve Final Tract Map No. 69651, located at Palmdale Blvd and 61st Street East.
TR 69651 Approval - Staff Report.docx
TR 69651 - Final.pdf
8.15 Approve service agreement for a digital divide study with Nutter Consulting in the amount of $140,000 for a term of six (6) months.
A-8413 Nutter Consulting Staff Report_Revised.docx
Consulting Services w- Term (#3A) - Nutter Consulting (A-8413) - 07-12-2023 - Preview (3).pdf
City Council
Wednesday, July 12, 2023
8.16 Approve the minutes from the previous meeting.
June 7, 2023 - CC/SA
City Council_SA_HA - 06_07_2023 - 5pm.pdf
9. PUBLIC HEARING
9.1 Adopt Resolution No. CC 2023-028, a Resolution of the City Council of the City of Palmdale approving the Engineer's Report and the continuation of the levy and collection of assessments for Fiscal Year 2023/2024 for the City of Palmdale Drainage Benefit Assessment Districts No. 1 and No. 2006-02.
PUBLIC COMMENTS: Now is the time for public participation on this item.
Each speaker is allotted two (2) minutes.
Palmdale DBAD - Staff Report 7-12-2023_final.docx
Palmdale DBAD - Res 3 #CC 2023-028 for 7-12-2023_final.docx
Drainage Engineers Report FY 2023-24_vFinal.pdf
9.2 Adopt Resolution No. CC 2023-029, a Resolution of the City Council of the City of Palmdale approving the Engineer's Report and the continuation of the levy and collection of assessments for Fiscal Year 2023/2024 for the City of Palmdale Landscape Maintenance Assessment Districts and Annexations, Park Maintenance and Recreation Improvement District, and Streetlight Maintenance Assessment Districts and Annexations.
PUBLIC COMMENTS: Now is the time for public participation on this item.
Each speaker is allotted two (2) minutes.
Palmdale LMD,Park,SLAD-Staff Report 7-12-23_final.docx
Palmdale LMD,Park,SLAD-Res 3 #CC 2023-029 for 7-12-2023_final.docx
LMD Engineers Report FY 2023-24_vFinal.pdf
Park Engineers Report FY 2023-24_vFinal.pdf
Streetlight Engineers Report FY 2023-24_vFinal.pdf
9.3 Adopt Resolution No. CC 2023-030, a Resolution of the City Council of the City of Palmdale updating the Sewer Collection Service Charge and ordering the continuation of the charge for the operation and maintenance of the Palmdale sewer collection system for Fiscal Year 2023/2024.
PUBLIC COMMENTS: Now is the time for public participation on this item.
Each speaker is allotted two (2) minutes.
Staff Report 7-12-23_final.docx
Resolution No. CC 2023-030 for 7-12-2023_final.doc
Sewer Collection Service Charge Report FY 2023-24_v1.pdf City Council
Wednesday, July 12, 2023
10. NON-AGENDA PUBLIC COMMENTS
:
Now is the time for public participation on
items not listed on the agenda. Each speaker is allotted two (2) minutes total on items not listed on the agenda.
11. INFORMATIONAL REPORT FROM MAYOR AND / OR COUNCILMEMBERS ON
THEIR VARIOUS COMMITTEE MEMBERSHIPS AND MEETINGS ATTENDED AT
PUBLIC EXPENSE
11.1 Council Reports on Committee Memberships and Meetings Attended at Public Expense.
Bettencourt Informational Report 070523.docx
BISHOP Informational Report 070123.docx
LOA Informational Report 070523.docx
Ohlsen Informational Report 070523.docx
12. CITY COUNCIL ANNOUNCEMENTS AND REQUESTS FOR NEW AGENDA ITEMS
13. CITY MANAGER’S REPORT
14. PRESENTATION BY CITY ATTORNEY
14.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Shanae Smith, Patricia Nevarez and Michael "Mike" Behen vs. City of Palmdale, et al.
Los Angeles County Superior Court
Case No. 22STCV18219
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).
14.2 CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Maithi Ricci v. City of Palmdale, et al.
Los Angeles County Superior Court
Case No. 22STCV01269
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).
14.3 CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Ricky Thorstensen v. City of Palmdale, et al.
Los Angeles County Superior Court
Case No. 22STCV29463
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).
City Council
Wednesday, July 12, 2023
14.4 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Kenya Torres vs. City of Palmdale, et al.
Los Angeles County Superior Court
Case No. 22STCV37041
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).
15. ANNOUNCEMENT BY CITY ATTORNEY
16. ADJOURN
meeting to July 19, 2023 at 5:00 p.m. in the City Hall Council Chamber located at 38300 Sierra Highway, Suite B, Palmdale, California.
Americans with Disabilities Act (ADA) Accommodations
In accordance with the Americans with Disabilities Act of 1990, if you require a disability- related modification or accommodation to participate in this meeting, please contact the City Clerk’s Office at (661) 267-5151 at least 72 hours prior to the meeting.
If you require oral Spanish translation, please contact the City Clerk’s Office at (661) 267- 5151 at least 72 hours prior to the meeting.
City Council
Wednesday, July 12, 2023
City Council Staff Report
DATE: JULY 12, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY MANAGER’S OFFICE – FINANCE DIVISION
DISTRICT: ALL
SUBJECT: RECEIVE AND FILE THE MONTHLY INVESTMENT ACTIVITY REPORTS FOR MAY 2023
ISSUE
Receive and file the monthly investment activity reports for May 2023.
RECOMMENDATION
Staff recommends that the City Council receive and file the monthly investment activity reports for City of Palmdale and Successor Agency for May 2023.
BACKGROUND
Pursuant to Section 16 of the City of Palmdale and Successor Agency Investment Policy, the City Treasurer shall prepare and present monthly and quarterly reports on investments to the City Manager/Executive Director and the City Council/Directors. The reports shall detail the type of investment, name of the issuer, purchase date, date of maturity, amount of deposit, and rate of interest. This information shall be provided for all City and Successor Agency pooled investments, as well as for Certificates of Participation, Revenue Bonds, Tax Allocation Bonds, Assessment Districts and Community Facilities District accounts which are managed by outside Fiscal Agents.
The monthly reports provide a synopsis of the investment activity for the City of Palmdale and Successor Agency. The reports provide information on assets, allocations, average maturities, yields, and book valuations.
The interest rates presented are the mo st current rates available as of the date of this report.
The market values presented for pooled City and Successor Agency investments are based on closing prices for the related investment as of the date of this report. This information was obtained from the Wall Street Journal, Bloomberg Financial Markets, Capital Market Finances, or other reliable source of market prices.
Report to Mayor and City Council
Re: Monthly Reports on Investments
July 12, 2023
DISCUSSION
Compliance with Investment Policy
For May, the invested portfolio amount for the City of Palmdale totaled $305,411,348, an increase of $15,107,784 from the previous month, and an increase of $48,579,468 in comparison to last year. The monthly increase is the result of a combination of new investment purchases, interest gains, and LAIF deposits.
The par value of Successor Agency’s portfolio as of April was $10,196,997. The balance decreased by $6,617 from last month due to debt service payments made from the agency’s cash account.
All investments meet criteria appropriate to Section 8 of the Investment Policy. The portfolios are based on a combination of various investments, including CDs, Corporate Notes, U.S. Treasury Securities and Government Agency Paper, each adhering to portfolio percentage limitations.
The Finance Division is the custodian for the City and Successor Agency’s investment portfolio and follows the three main principles of both entity’s investment policy to 1) Investment in financial instruments that mitigate the risk of monetary losses stemming from market fluctuations; 2) Establish and maintain a portfolio that has sufficient liquidity to allow the City and Successor Agency to meet all anticipated cash requirements; and 3) Seek out investment instruments that provide a competitive market rate of return.
Liquidity
One core approach the Finance Division focuses on, is providing liquidity to measure up to the City and Successor Agency’s operational requirements. Thus, the Finance Department is currently investing in two pooled funds, LAIF and CAMP. These are intended for the daily operational activities, used for economic uncertainties and maintenance needs. The pooled funds provide a higher liquidity ratio to ensure the City and Successor Agency meet cash flow requirements.
The total LAIF balance for the City of Palmdale at the end of May is $125,390,432, an increase of $10,381,000 compared to the prior month, due to a deposit made by the City’s general bank to LAIF.
Successor Agency LAIF balance at the end of May was $4,488,812. No changes compared to the prior month.
CAMP’s balance for City of Palmdale at the end of May was $258,198 compared to April balance of $257,071. The slight increase is due to interest earned during the month. The interest rates presented are the most current rates available as of the date of this report.
As of May 31, 2023, the interest rates for LAIF and CAMP investments were at 2.993 Report to Mayor and City Council
Re: Monthly Reports on Investments
July 12, 2023
percent and 5.16 percent, respectively. By comparison, the LAIF and CAMP interest rates at the end of April were at 2.870 percent and 4.97 percent. Both rates have slightly increased within this month. This time last year, LAIF and CAMP rates were at 0.684 percent and 0.82, respectively.
The chart above shows both the Local Agency Investment Fund and California Asset Management Program’s average monthly yields beginning August 2022 through May 2023.
We anticipate that rates will remain fairly consistent, increasing only in small percentages in the upcoming months, considering the history in the past year and the current state of economy. CAMP shows better performance than LAIF in interest rates.
The difference between the performance of the two funds is partly due to the varying pool characteristics. CAMP’s portfolio composition is much more subject to market volatility, resulting in performance variation.
Diversity
The Finance Division aims to diversify the investment portfolios to avoid incurring unreasonable and avoidable risks regarding specific security types or individual financial institutions.
City of Palmdale and Successor Agency’s investment portfolios remain strongly diversified. The monthly reports include all investments held by both entities and current book values as of May 31, 2023.
It is anticipated that both the City of Palmdale and Successor Agency will have sufficient moneys to meet its expenditure requirements for the next 6 months as we continue to
1.28%
1.51%
1.77%
2.01%
2.17%
2.43% 2.62% 2.83% 2.87% 2.99%
2.30% 2.61% 3.14% 3.90% 4.30%
4.53% 4.73% 4.80% 4.97% 5.16%
0.00%
1.00%
2.00%
3.00%
4.00%
5.00%
6.00%
Aug Q1 Sep Oct Nov Q2 Dec Jan Feb Q3 Mar Apr May
Pooled Investments Monthly Yields
LAIF CAMP
Report to Mayor and City Council
Re: Monthly Reports on Investments
July 12, 2023
monitor any financial impact due to the Coronavirus pandemic and the current economic conditions and the impact on interest rates.
Attached are summaries of the investments in the City of Palmdale and Successor Agency’s books as of May 31, 2023.
FISCAL IMPACT
There is no fiscal impact associated with the recommended actions for this report.
STRATEGIC PLAN
Goal II: Ensure long-term fiscal health of the City and maintain funding for services.
B. Manage resources, costs, and liabilities to ensure the City’s long-term fiscal health.
C. Involve and expand engagement to enhance public oversight and transparency.
Prepared by: Gohar Avetisyan, Senior Financial Analyst
Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, Interim City Attorney
ATTACHMENTS
1. Monthly Reports on City of Palmdale Investments
2. Monthly Report on Successor Agency Investments
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
MAY 31, 2023
PURCHASE MATURITY ACCOUNT/ FDIC INTEREST PAR PURCHASE INVESTED DATE DATE FUND INSTITUTION Number RATE AMOUNT AMOUNT AMOUNT U.S. TREASURY SECURITIES Yield
05-31-19 04-30-24 CITY 9128286R6 U.S. Treasury Note 2.03 5,000,000.00 5,051,650.00 4,938,670.00 03-19-21 12-31-25 CITY 9128285T3 U.S. Treasury Note 2.63 3,000,000.00 3,260,634.36 2,961,090.00 05-11-21 02-28-26 CITY 9128286F2 U.S. Treasury Note 0.66 3,000,000.00 3,261,331.50 2,945,970.00 05-11-21 12-31-24 CITY 9128283P3 U.S. Treasury Note 0.40 3,000,000.00 3,200,040.56 2,946,930.00 06-04-21 12-31-23 CITY 912828V23 U.S. Treasury Note 0.20 4,000,000.00 4,210,026.50 3,959,360.00 07-12-21 12-31-23 CITY 9128285U0 U.S. Treasury Note 2.63 5,000,000.00 5,289,959.94 4,977,950.00 07-12-21 12-31-25 CITY 9128285T3 U.S. Treasury Note 2.63 5,000,000.00 5,451,958.35 4,935,150.00 07-12-21 12-31-23 CITY 912828V23 U.S. Treasury Note1/3/2023 2.25 5,000,000.00## 5,244,161.50 4,949,200.00 12-17-21 12-15-23 CITY 91282CBA8 U.S. Treasury Note 0.56 10,000,000.00 9,913,130.25 9,602,000.00 12-17-21 12-15-24 CITY 91282CDN8 U.S. Treasury Note (UBS) 0.85 10,000,000.00 10,045,505.25 9,531,600.00 12-22-21 12-15-23 CITY 91282CBA8 U.S. Treasury Note 0.56 5,000,000.00 4,957,270.88 4,801,000.00 12-22-21 12-15-24 CITY 91282CDN8 U.S. Treasury Note 0.88 5,000,000.00 5,018,208.38 4,765,800.00 12-20-21 12-15-24 CITY 91282CDN8 U.S. Treasury Note (Stifel) 1.00 5,000,000.00 5,017,187.50 4,765,820.00 03-08-23 03-31-26 CITY 9128286L9 U.S. Treasury Note (UBS) 2.25 3,200,000.00 3,029,330.80 3,029,330.80 TOTAL U.S. TREASURY SECURITIES 71,200,000.00$ 72,950,395.77$ 69,109,870.80$
GOVERNMENT AGENCY PAPER
06-05-19 06-05-23 CITY 3133EKPT7 Fed Farm Credit Bk 2.13 5,000,000.00 5,008,600.00 4,971,627.90 06-10-20 06-16-25 CITY 3133ELK37 Federal Farm Credit 0.78 5,000,000.00 5,000,000.00 4,672,635.10 08-07-20 05-06-24 CITY 3133EL2X1 Federal Farm Credit 0.42 2,000,000.00 2,000,000.00 1,905,188.04 08-27-20 11-27-24 CITY 3134GWNG7 Freddie Mac Domestic 0.50 2,000,000.00 2,000,000.00 1,885,345.78 04-01-21 04-01-25 CITY 3133EMUP5 Fed Farm Credit 0.71 5,000,000.00 5,000,000.00 4,682,977.35 05-11-21 09-04-25 CITY 3133EJYM5 FFCB Bond 0.59 1,000,000.00 1,103,275.25 999,450.00 05-11-21 09-04-25 CITY 3133EJYM5 FFCB Bond 0.57 0.57 2,000,000.00 2,208,460.00 1,998,900.00 06-04-21 11-07-25 CITY 3135G06G3 Fannie Mae 0.55 3,000,000.00 2,993,675.25 2,757,300.00 06-04-21 08-01-24 CITY 3130AMHH8 FHLB NOTE 0.41 4,000,000.00 4,000,000.00 3,809,357.72 06-07-21 06-07-24 CITY 3130AMQR6 FHLB NOTE 0.35 3,000,000.00 3,000,000.00 2,864,376.87 06-30-21 12-30-25 CITY 3130AMRQ7 FHLB NOTE 0.88 3,000,000.00 3,000,000.00 2,792,028.33 07-29-21 04-29-26 CITY 3130AN5C0 FHLB NOTE 1.05 4,000,000.00 4,010,455.13 3,730,680.00 12-17-21 11-12-25 CITY 3134GXBM5 FHLMC Note 1.15 1,150,000.00 1,125,785.50 1,055,366.50 12-17-21 12-30-24 CITY 3130AQDY6 FHLB 1.00 6,750,000.00 6,750,000.00 6,454,656.18 12-17-21 06-23-25 CITY 3133ENHW3 FFCB 1.17 10,000,000.00 10,000,000.00 9,422,494.90 12-20-21 07-30-25 CITY 3136G4ZP1 FANNIE MAE 0.65 3,500,000.00 3,444,175.00 3,255,845.57 12-20-21 09-24-25 CITY 3134GWUG9 FREDDIE MAC 0.57 10,000,000.00 9,806,600.00 9,209,435.10 12-21-21 12-22-26 CITY 3133ENJC5 FFCB 1.29 5,000,000.00 5,000,000.00 4,611,433.30 01-14-22 01-14-25 CITY 3130AQEA7 FHLB 1.05 7,000,000.00 7,000,000.00 6,656,914.81 06-29-22 08-12-25 CITY 3133EL3P7 Federal Farm Credit Bank 3.34 1,810,000.00 1,660,349.20 1,675,477.99 06-29-22 03-28-25 CITY 3130A5DH9 Federal Home Loan Bank 3.34 1,950,000.00 1,937,715.00 1,944,638.69 06-24-22 02-26-27 CITY 3130AL5A8 Federal Home Loan Bank 3.33 5,000,000.00 4,479,000.00 4,493,981.15 08-17-22 10-27-26 CITY 3134GW4C7 Freddie Mac Global Unsecured 0.80 5,000,000.00 4,539,500.00 4,539,500.00 01-06-23 02-25-27 CITY 3130AQRH8 Federal Home Loan Bank 4.38 5,000,000.00 4,590,638.89 4,590,638.89 01-06-23 04-19-27 CITY 3130ARHJ3 Federal Home Loan Bank 4.38 5,000,000.00 4,801,354.86 4,801,354.86 05-18-23 05-18-27 CITY 3133EPKC8 Federal Farm Credit Bank Unsec 5.39 5,000,000.00 5,000,000.00 5,000,000.00 TOTAL GOVERNMENT AGENCY PAPER 111,160,000.00$ 109,459,584.08$ 104,781,605.03$
CERTIFICATES OF DEPOSIT
TOTAL CERTIFICATES OF DEPOSIT -$ -$ -$
CITY OF PALMDALE INVESTMENTS
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
MAY 31, 2023
CORPORATE NOTES
5/17/2023 3/1/2026 CITY 30231GAT9 EXXON MOBIL CORPORATION 3.04 $1,000,000 $982,084 975,660.00 5/17/2023 3/2/2026 CITY 194162AQ6 COLGATE-PALMOLIVE CO GLOBAL4.80 $1,000,000 $1,035,553 1,025,420.00 5/17/2023 1/26/2026 CITY 742718FY0 PROCTER & GAMBLE CO/THE GLOGAL4.10 $1,000,000 $1,018,472 1,005,830.00 TOTAL CORPORATE BONDS $3,000,000 $3,036,109 3,006,910.00$
STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND
09-01-84 n/a CITY ACCOUNT 98-19-620 0.78 57,829,922.50 57,829,922.50 57,829,922.50 06/23/08 n/a PCA ACCOUNT 40-19-060 0.78 40,876,573.72 40,876,573.72 40,876,573.72 n/a ARPA ACCOUNT 19-19-004 0.78 26,683,935.84 26,683,935.84 26,683,935.84 TOTAL LAIF ACCOUNTS 125,390,432.06$ 125,390,432.06$ 125,390,432.06$
CAMP- CALIFORNIA ASSET MANAGEMENT PROGRAM
6080-01 n/a CITY ACCOUNT 6080-01 0.30 258,197.66 258,197.66 258,197.66 TOTAL CAMP ACCOUNTS 258,197.66$ 258,197.66$ 258,197.66$
UBS FINANCIAL SERVICES
n/a n/a CITY ACCOUNT 0.00 2,864,332.38 2,864,332.38 2,864,332.38 TOTAL UBS FINANCIAL SERVICES ACCOUNTS 2,864,332.38$ 2,864,332.38$ 2,864,332.38$ TOTAL CITY INVESTMENTS 313,872,962.10$ 313,959,051.06$ 305,411,347.93$
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
MAY 31, 2023
PURCHASE MATURITY ACCOUNT INTEREST INVESTED
DATE DATE FUND NUMBER RATE AMOUNT
STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND
11-20-84 n/a LIBRARY 16-19-012 0.78 12,679.97
TOTAL LIBRARY INVESTMENTS 12,679.97$
PURCHASE MATURITY ACCOUNT INTEREST INVESTED
DATE DATE FUND NUMBER RATE AMOUNT
BOND PROCEEDS
SIERRA GATEWAY COMMUNITY FACILITIES DISTRICT 91-1
Fiscal Agent: U.S. Bank National Association (fka First Trust) 05-10-95 n/a BOND 95421220 0.35 109.54
05-10-95 n/a IMPROVEMENT 95421222 0.10 159,196.85
City Held Cash(Fund 736-114000) ($255,912.67)
TOTAL SIERRA GATEWAY COMMUNITY FACILITIES DISTRICT 91-1 159,306.39$
BOND PROCEEDS
RITTER RANCH COMMUNITY FACILITIES DISTRICT 93-1
Fiscal Agent: U.S. Bank National Association (fka First Trust) 04-06-95 n/a RESERVE-SEN 95420880 n/a 0.00
04-06-95 n/a IMPV-ACQUI 95420884 0.01 2,656,426.20
04-06-95 n/a BOND 95420887 0.15 0.15
City Held Cash(Fund 738-114000) ($1,000,675.82)
TOTAL RITTER RANCH COMMUNITY FACILITIES DISTRICT 93-1 2,656,426.35$
BOND PROCEEDS
ANAVERDE COMMUNITY FACILITIES DISTRICT 2003-1
Fiscal Agent: U.S. Bank National Association (fka First Trust) 08-01-19 n/a SP TAX - B BOND 242969000 0.00 20.28
08-01-19 n/a RESERVE 242969003 0.00 722,956.72
08-01-19 n/a SP TAX - REFUNDING BOND 242969004 0.01 15,150.11 08-01-19 n/a SP TAX - REFUNDING BOND COI242969005 0.01 Account Closed on 12/20/22 0.00 City Held Cash(Fund 734-114000) $1,773,665.72
TOTAL ANAVERDE COMMUNITY FACILITIES DISTRICT 2003-1 738,127.11$
LIBRARY INVESTMENTS
FISCAL AGENT CASH
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
MAY 31, 2023
BOND PROCEEDS
2005 $7.2M COMMUNITY FACILITIES DISTRICT 05-1 (TRADE AND COMMERCE CENTER) Fiscal Agent: U.S. Bank National Association (fka First Trust) 08-02-05 n/a SPEC TRB SER A/B 790330000 0.01 0.00
08-02-05 n/a RESERVE FUND 790330002 0.01 0.00
City Held Cash(Fund 735-114000) $1,330,451.36
TOTAL 2005 $7.2M COMMUNITY FACILITIES DISTRICT 05-1 (TRADE AND COMMERCE CENTER) -$
BOND PROCEEDS
2005 $7.2M COMMUNITY FACILITIES DISTRICT 05-1 (TRADE AND COMMERCE CENTER) REFUNDED 2021 Fiscal Agent: U.S. Bank National Association (fka First Trust) n/a SPEC TRB SER A/B 251009000 0.01 82,501.35
n/a RESERVE FUND 251009001 0.01 645,525.38
City Held Cash
TOTAL 2005 $7.2M COMMUNITY FACILITIES DISTRICT 05-1 (TRADE AND COMMERCE CENTER) REFUNDED 2021728,026.73$
BOND PROCEEDS
2006-1 Godde Hill Estate Sewer Improvements LOIB
Fiscal Agent: U.S. Bank National Association (fka First Trust) 11-08-06 n/a REDEMPTION FUND 106844000 0.01 60,198.94
11-08-06 n/a ADM EXP 106844002 0.01 1,638.17
11-08-06 n/a RESERVE FUND 106844003 0.01 97,027.74
City Held Cash(Fund 739-114000) $145,437.61
TOTAL 2006-1 Godde Hill Estate Sewer Improvements LOIB 158,864.85$
BOND PROCEEDS
2007 $19.9M COP Power Plant Land Acquisition
Fiscal Agent: U.S. Bank National Association (fka First Trust) 04-12-07 n/a LEASE PAYMENT 112055000 0.01 0.00
04-12-07 n/a RESERVE FUND 112055001 0.00 0.00
TOTAL 2007 $19.9M COP Power Plant Land Acquisition -$
BOND PROCEEDS
2007 $6.5M COMMUNITY FACILITIES DISTRICT 05-1 (TRADE AND COMMERCE CENTER) Fiscal Agent: U.S. Bank National Association (fka First Trust) 08-23-07 n/a BOND FUND 117856000 0.01 0.00
08-23-07 n/a RESERVE FUND 117856002 0.01 0.00
TOTAL 2007 $6.5M COMMUNITY FACILITIES DISTRICT 05-1 (TRADE AND COMMERCE CENTER) -$
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
MAY 31, 2023
PURCHASE MATURITY ACCOUNT INTEREST INVESTED
DATE DATE FUND NUMBER RATE AMOUNT
BOND PROCEEDS
2012 PFA $8.7M LEASE REVENUE BONDS
Fiscal Agent: U.S. Bank National Association (fka First Trust) 12-19-12 n/a REVENUE FD 201546000 0.00 123.37
12-19-12 n/a INTEREST ACCOUNT 201546001 n/a 0.00
12-19-12 n/a PRINCIPAL ACCOUNT 201546002 n/a 0.00
TOTAL 2012 PFA $8.7M LEASE REVENUE BONDS 123.37$
2013 HA PALMDALE TRANSIT VILLAGE HOMES LLC ESCROW
Fiscal Agent: U.S. Bank National Association (fka First Trust) 10-11-13 n/a ESCROW FUND 206455000 0.00 2,979,512.25
TOTAL 2013 HA TRANSIT VILLAGE HOMES ESCROW 2,979,512.25$ 2015 HA DEBT SERVICE RESERVE
Fiscal Agent: Bank of America
11-19-15 n/a DEBT SVC RESERVE 1257964992 0.08 39,540.98 TOTAL 2015 HA DEBT SERVICE RESERVE 39,540.98$
PARS RESTRICTED CASH FOR PENSION STABILIZATION TRUST FUND 05-23-18 n/a CITY 104790895775 Public Agency Retirement Services2.60 7,754,367.15 TOTAL PARS PENSION TRUST FUND 7,754,367.15$
BOND PROCEEDS
2015 HA $4.3M MULTIFAMILY HOUSING REVENUE BONDS
Fiscal Agent: U.S. Bank National Association (fka First Trust) 09-03-15 n/a BOND FUND 277067000 0.00 193,545.92
09-03-15 n/a INTEREST ACCT 277067001 0.01 14.01
09-03-15 n/a BOND RESERVE 277067003 0.00 281,021.95
09-03-15 n/a REPAIR & REPLACE FUND 277067004 0.00 1,209,380.05 TOTAL 2015 HA $4.3M MULTIFAMILY HOUSING REVENUE BONDS 1,683,961.93$
BOND PROCEEDS
2017 PFA $17.4M LEASE REVENUE BONDS
Fiscal Agent: U.S. Bank National Association (fka First Trust) 04-05-17 n/a REVENUE FUND 271128000 0.00 0.19
04-05-17 n/a PRINCIPAL ACCT 271128002 n/a 0.00
TOTAL 2017 PFA $17.4M LEASE REVENUE BONDS 0.19$
Total City Held Cash (XXX-114000) $1,992,966.20
GRAND TOTAL - FISCAL AGENT CASH 16,170,230.57$
FISCAL AGENT CASH
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
MAY 31, 2023
Cash on Hand 18,502,517$
Pooled Cash Investments
City: 300,059,449$
Insur Fund: $5,351,899 305,411,348$
Library Investments $12,680
Subtotal 323,926,545$
City/AD/CFD/PCA/PFA/HA
Fiscal Agent Cash 16,170,231$
Grand total 340,096,776$
The interest rate quoted on LAIF, AIM, and Fiscal Agent/Trustee accounts is the most current rate available.
LAIF & AIM interest rates are as of May 31, 2023.
S:\Cash and Investment\Investment\Investment Reports\22-23\11 May 2023\[11 May 2023 Investment Report City.xls]May Monthly
SUMMARY OF CASH AND INVESTMENTS
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
MAY 31, 2023
CITY OF PALMDALE
POOLED CASH - LOCAL AGENCY INVESTMENT FUND (LAIF), CALIFORNIA ASSET MANAGEMENT PROGRAM (CAMP), & UBS FINANCIAL SERVICES May 31, 2023
TRANSACTION INTEREST
DATE DEPOSIT WITHDRAWAL RECEIVED BALANCE
CITY ACCOUNT 98-19-620
Beginning Balance 42,829,922.50$
05/25/23 15,000,000.00$
Subtotal 15,000,000.00$ -$ -$ 57,829,922.50$ PCA ACCOUNT 40-19-060
Beginning Balance 40,876,573.72$
Subtotal -$ -$ -$ 40,876,573.72$ LIBRARY ACCOUNT 16-19-012
Beginning Balance 12,679.97$
Subtotal -$ -$ -$ 12,679.97$ ARPA ACCOUNT 19-19-004
Beginning Balance 31,302,935.84$
05/24/23 (4,619,000.00)$
Subtotal -$ (4,619,000.00)$ -$ 26,683,935.84$
CAMP - CALIFORNIA ASSET MANAGEMENT PROGRAM
Beginning Balance 257,070.82$
05/31/23 1,126.84 $
Subtotal -$ -$ 1,126.84$ 258,197.66$ UBS Financial Services
Beginning Balance 10,624.80$
05/12/23 70,657.58 $
05/31/23 2,815,000.00$
05/31/23 (31,950.00)$
Subtotal 2,815,000.00$ (31,950.00)$ 70,657.58$ 2,864,332.38$ Total 17,815,000.00$ (4,650,950.00)$ 71,784.42$ 128,525,642.07$ 128,267,444.41$
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
MAY 31, 2023
TN= US Treasury C= Call
FP= Federal Paper M= Maturity
CD= Certificate of Deposit CB= Corporate Bond
FACE
PURCHASE MATURITY REDEMPTION VALUE INTEREST NET INVESTED GAIN/
ISSUER DATE DATE DATE REDEEMED RECEIVED FUNDS AMOUNT (LOSS) 9128284S6 U.S. Treasury Note01-19-21 05-31-23 05-31-23 2,815,000.00M 38,706.25$ 2,853,706.25$ 2,811,030.85 $3,969.15 61747MX30 Morgan Stanley Bank Na05-10-18 05-10-23 05-10-23 245,000.00M 3,827.03$ 248,827.03$ 546,098.34 ($301,098.34) 87164WWF1 Synchrony Bank 05-11-18 05-11-23 05-11-23 245,000.00 M 3,827.03$ 248,827.03$ 246,091.97 ($1,091.97) 17312QL23 Citibank Na 05-11-18 05-11-23 05-11-23 245,000.00$ M 3,827.03$ 248,827.03$ 246,091.97 ($1,091.97) 20033AYE0 Comenity Capital Bank05-15-18 05-15-23 05-15-23 245,000.00$ M 624.25$ 245,624.25$ 245,960.65 ($960.65) 166764BV1 Chevron Corp 06-10-20 05-11-23 05-11-23 2,075,000.00$ M 11,837.88$ 2,086,837.88$ 2,039,686.86 $35,313.14 5,870,000.00$ 62,649.47$ 5,932,649.47$ 6,134,960.64$ ($264,960.64) Total Number of Transactions: 6
CITY OF PALMDALE
POOLED CASH - INVESTMENTS MATURED OR CALLED
May 31, 2023
CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
MAY 31, 2023
TN = US Treasury
FP = Federal Paper
CD = Certificate of Deposit
CN = Corporate Notes ACCRUED
PURCHASE MATURITY FACE PREMIUM / PURCHASE INTEREST NET Yield
ISSUER DATE DATE VALUE (DISCOUNT) PRICE PURCHASED PURCHASE 30231GAT9 EXXON MOBIL CORPORATION 05-17-23 03-01-26 $1,000,000 (24,340.00) 975,660.00 6,424.11 $ 982,084.11$ 3.04 194162AQ6 COLGATE-PALMOLIVE CO GLOBAL05-17-23 03-02-26 $1,000,000 25,420.00 1,025,420.00 10,133.33$ 1,035,553.33$ 4.80 742718FY0 PROCTER & GAMBLE CO/THE GLOGAL05-17-23 01-26-26 $1,000,000 5,830.00 1,005,830.00 12,641.67$ 1,018,471.67$ 4.10 3133EPKC8 Federal Farm Credit Bank Unsec 05-18-23 05-18-27 5,000,000.00$ - 5,000,000.00 -$ 5,000,000.00$ 5.39 - -$
-
7,000,000.00$ 6,910.00$ 8,006,910.00$ 29,199.11$ 8,036,109.11$ Total Number of Transactions: 3
CITY OF PALMDALE
POOLED CASH - INVESTMENTS PURCHASED
May 31, 2023
SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
May 31, 2023
PURCHASE MATURITY ACCOUNT/ INTEREST INVESTED
DATE DATE FUND INSTITUTION RATE AMOUNT TOTAL
STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND
09-01-84 n/a SA ACCOUNT 65-19-035 0.78 4,488,812.40
TOTAL LAIF ACCOUNTS 4,488,812.40$
FISCAL AGENT CASH
BOND PROCEEDS
CRA - 2002 Sub Lien Tax Allocation Bonds $5.3M ($5,329,748.25) Fiscal Agent: U.S. Bank National Association
08-20-02 n/a RESERVE FUND 94460700 2.54 538,269.60
08-20-02 n/a INTEREST ACCT 94460701 0.04 4,462.36
08-20-02 n/a PRINCIPAL ACCT 94460702 0.04 251.12
TOTAL CRA - 2002 Sub Lien Tax Allocation Bonds $5.3M ($5,329,748.25) 542,983.08$
BOND PROCEEDS
2016 SA $31.5M Tax Allocation Refunding Bonds Series A
Fiscal Agent: U.S. Bank National Association (fka First Trust) 04-26-16 n/a DEBT SERVICE 245113000 0.00 2.05
04-26-16 n/a INTEREST ACCT 245113001 N/A 0.00
TOTAL 2016 SA $31.5M Tax Allocation Refunding Bonds Series A 2.05$ GRAND TOTAL - FISCAL AGENT CASH $542,985
SUMMARY OF CASH AND INVESTMENTS
Cash on Hand 5,165,200$ 5,165,200.36$
($2,438)
Pooled Cash Investments 4,488,812$ $2,438
5,165,200.36$
Successor Agency Fiscal Agent Cash 542,985$ *
Grand total 10,196,997$
* The interest rate quoted on LAIF and Fiscal Agent/Trustee accounts is the most current rate available.
LAIF interest rates are as of May 31, 2023.
S:\Cash and Investment\Investment\Investment Reports\22-23\11 May 2023\[11 May 2023 Successor Investment Report.xls]May 2023 Monthly
SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALMDALE
TREASURER'S REPORT OF INVESTMENTS
POOLED CASH - LOCAL AGENCY INVESTMENT FUND (LAIF)
May 31, 2023
TRANSACTION INTEREST
DATE DEPOSIT WITHDRAWAL RECEIVED BALANCE
SA ACCOUNT 65-19-035
Beginning Balance 4,488,812.40$
Subtotal -$ -$ -$ 4,488,812.40$ City Council Staff Report
DATE: JULY 12, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: FINANCE DEPARTMENT
INFORMATION TECHNOLOGY DIVISION
DISTRICT: ALL
SUBJECT: APPROVE AGREEMENT WITH FLOCK GROUP, INC. TO PROVIDE
A FIXED LOCATION AUTOMATED LICENSE PLATE RECOGNITION
(ALPR) SYSTEM, 50 LPR CAMERAS, AND PROVIDE
IMPLEMENTATION SERVICES IN A NOT TO EXCEED AMOUNT OF
$157,500 FOR A ONE (1) YEAR TERM.
ISSUE
Approve Agreement with Flock Group, Inc to provide a fixed location Automated License Plate Recognition (ALPR) system , 50 LPR cameras, and provide implementation services in a not to exceed amount of $157,500 for a one (1) year term.
RECOMMENDATION
Staff recommends that the City Council:
1. Approve Agreement No. A-8391 with Flock Group, Inc. to provide a fixed location License Plate Recognition (ALPR) System, the purchase of a subscription for 50 Automated License Plate Reader (“ALPR”) cameras from Flock Safety (“Flock”) in the amount of $157,500. This project includes a one-year lease of the cameras at $3,000 per camera and a one -time fee of $150 per camera installation. This consists of a license to access the application to view cameras and camera footage, which will be stored in the cloud, all mou nting equipment, installation, maintenance, upgrades, and no -cost replacement of faulty manufacturer equipment. This is a one-year agreement.
2. Authorize the City Manager or her designee to execute Agreement A -8391 with Flock Group Inc., including making minimal and/or non-substantive changes.
BACKGROUND
Flock Safety is the sole manufacturer and distributor of the Flock Safety Automatic License Plate Recognition (ALPR) Camera. Flock Safety is also the sole provider of comprehensive monitoring, processing, a nd machine vision services that integrate with the Flock Safety Camera. Other local Southern California government agencies currently Report to Mayor and City Council
Re: Approve Agreement A-8391 with Flock Group, Inc.
July 12, 2023
using Flock Systems include Alhambra, Azusa, Covina, El Monte, Glendale, Lancaster, Pomona, and West Covina to name a few.
Flock Safety provides crime-fighting technology (cameras and software) under a service subscription model. Flock Safety’s service is a flat annual fee that includes ALPR camera hardware, hardware maintenance, ALPR software, software updates, unlimited users, 30 days of unlimited data storage, LTE connectivity, solar panels, and mounting equipment.
Flock Safety provides all supplies and equipment under standard operating procedures and complies with all government regulations and workplace safety guidelines. Flock Safety will remove the cameras if the City chooses not to renew the agreement. If a camera suffers from a manufacturer defect, Flock Safety will replace the camera at no additional fee.
The Sheriff’s Department has collaborated with Flock and City of Palmdale Public Safety on the placement of the cameras. Flock cameras utilize motion capture to start and stop the photographs with machine learning and artificial intelligence, allowing Flock Safety to capture vehicle characteristics without needing a reflective license plate. The cameras can capture and process 30,000 vehicles per day and capture two (2) lanes of traffic simultaneously with a single camera from a vertical mass powered by solar power. Flock Safety analyzes vehicle license plate, color and make objects (roof rack, unique hub cap, etc.). The software transmits alerts for wanted plates and can set up alerts based on vehicle descriptions.
The software makes actionable evidence available when needed that is easily searchable by vehicle type, make, model, color, timeframe, partial/full license plate, and object detection. This technology will aid the Sheriff’s Department in detecting and stop vehicles that were used in crimes more accurately. This not only can save law enforcement time in investigating criminal activity but also help prevent unnecessary stops and detentions of motorists driving similar vehicles. People’s privacy is protected by not using facial recognition technology and not recording any personally identifiable information such as names, addresses, or phone numbers.
The City of Palmdale will own their data, and Flock Safety does not sell the data to third parties. The camera footage is stored, secured, and encrypted in AWS Government Cloud and automatically deleted every thirty (30) days on a rolling basis. The camera only takes photos, and there is no live feed. No one monitors the system, nor is it used for surveillance purposes.
DISCUSSION
The City of Palmdale seeks to join surrounding law enforcement agencies in deploying Automatic License Plate Reader (ALPR) technology throughout the City.
Report to Mayor and City Council
Re: Approve Agreement A-8391 with Flock Group, Inc.
July 12, 2023
Flock Group Inc. is the sole manufacturer and distributor of the Flock Safety Automatic License Plate Recognition (ALPR) camera, which is currently utilized by Sheriff’s Departments across Southern California.
Access to LPR data shall be restricted to authorized personnel, strictly based on job function and the principle of least privilege. Only authorized users of the Los Angeles Sheriff’s Department may obtain access to flock camera footage. Strong access controls, including user authentication and authorization mechanisms, shall be implemented to ensure data security.
LPR data retention period shall be set at 30 days, after which data will be automatically deleted. Only authorized Los Angeles Sheriff’s Department users may archive footage for evidentiary purposes.
By joining the existing Flock Safety camera platform, the Palmdale Sheriff’s Office will be able to utilize systems within the surrounding jurisdiction, allowing a more extensive network of resources than if the City were to utilize a different product.
An initial purchase of this system would include 50 Flock Safety cameras, propriety software, and professional services to install the cameras and implement the system for $157,500.
The purpose of the cameras is to read license plates. The technology will aid in locating stolen vehicles, vehicles used in the commission of a crime, or vehicles relating to an investigation. The cameras do not capture anything inside a vehicle.
The license plate is read, and that data is run through the state database for stolen vehicles, or vehicles entered the system as felony wanted vehicles.
Any information provided through the state database is transferred to the Sheriff’s dispatch, and then local dispatch follows LASD protocol to locate the vehicle.
FISCAL IMPACT
Funds for this project have been budgeted in the following accounts:
15725601-774400 = $157,500
STRATEGIC PLAN
Goal I: Maintain effective public safety and protection for life, property and the environment.
A. Provide comprehensive and innovative safety services to prevent crime and promote a safe community.
Report to Mayor and City Council
Re: Approve Agreement A-8391 with Flock Group, Inc.
July 12, 2023
B. Be prepared to protect life, property, and the environment in the event of catastrophic disasters and emergencies.
Prepared by: Stuart Thompson, IT Manager
Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, Interim City Attorney
ATTACHMENTS
Agreement No A-8391 with Flock Group, Inc.
Flock Safety + CA - City of Palmdale
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:
Jesse Mund
[email protected]
7138996379
DocuSign Envelope ID: 91A5CE64-E4E2-4A36-B49B-1CE8686FA15A
EXHIBIT A
ORDER FORM
Customer : CA - City of Palmdale Initial Term: 12 Months Legal Entity Name: CA - City of Palmdale Renewal Term: 24 Months Accounts Payable Email: [email protected] Payment Terms : Net 30 Address: 38300 Sierra Hwy Palmdale, California 93550 Billing Frequency: 50% of Annual Contract + 100% of Implementation Invoiced at Signing. 25% of Annual Contract Invoiced at First Camera Validation. 25% of Annual Contract Invoiced at Last Camera Validation. Annual payments invoiced for remainder of
subscription term.
Retention Period: 30 Days
Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $150,000.00
Flock Safety Flock OS
FlockOS ™ Included 1 Included
Flock Safety LPR Products
Flock Safety Falcon ® Included 50 Included
Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services
Professional Services - Existing Infrastructure
Implementation Fee $150.00 50 $7,500.00
Subtotal Year 1: $157,500.00
Annual Recurring Subtotal: $150,000.00
Estimated Tax: $0.00
Contract Total: $157,500.00
Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then -current term.
Special Terms:
The City of Palmdale is only procuring the Fixed location, still image, Flock Falcon ALPR cameras.
DocuSign Envelope ID: 91A5CE64-E4E2-4A36-B49B-1CE8686FA15A
Billing Schedule
Billing Schedule Amount (USD)
Year 1
At Contract Signing $82,500.00
At First Device Installed $37,500.00
At Last Device Installed $37,500.00
Annual Recurring after Year 1
Contract Total $157,500.00
*Tax not included
DocuSign Envelope ID: 91A5CE64-E4E2-4A36-B49B-1CE8686FA15A
Product and Services Description
Flock Safety Platform Items Product Description Terms
Flock Safety Falcon ®
An infrastructure-free license plate reader camera that utilizes Vehicle Fingerprint® technology to capture vehicular attributes.
The Term shall commence upon first installation and validation of Flock Hardware.
One-Time Fees Service Description
Installation on existing
infrastructure
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.
Professional Services - Standard
Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handli ng in accordance with the Flock Safety Standard Implementation Service Brief.
Professional Services -
Advanced Implementation Fee
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.
FlockOS Features & Description
Package: Essentials
FlockOS Features Description
Community Cameras (Full Access) Access to all privately owned Flock devices within your jurisdiction that have been shared with you.
Unlimited Users Unlimited users for FlockOS
State Network (LP Lookup Only) Allows agencies to look up license plates on all cameras opted in to the statewide Flock network.
Nationwide Network (LP Lookup Only) Allows agencies to look up license plates on all cameras opted in to the nationwide Flock network.
Direct Share - Surrounding Jurisdiction (Full Access) Access to all Flock devices owned by law enforcement that have been directly shared with you. Have ability to search by vehicle fingerprint, receive hot list alerts, and view devices on the map.
Time & Location Based Search Search full, partial, and temporary plates by time at particular device locations License Plate Lookup Look up specific license plate location history captured on Flock devices Vehicle Fingerprint Search Search footage using Vehicle Fingerprint™ technology. Access vehicle type, make, color, license plate state, missing / covered plates, and other unique features like bumper stickers, decals, and roof racks.
Flock Insights/Analytics page Reporting tool to help administrators manage their LPR program with device performance data, user and network audits, plate read reports, hot list alert reports, even t logs, and outcome reports.
ESRI Based Map Interface
Flock Safety’s maps are powered by ESRI, which offers the ability for 3D visualization, viewing of floor plans, and layering of external GIS data, such as City infrastructure (i.e., public facilities, transit systems, utilities), Boundary mapping (i.e., precincts, county lines, beat maps), and Interior floor plans (i.e., hospitals, corporate campuses, universities)
Real-Time NCIC Alerts on Flock ALPR Cameras Alert sent when a vehicle entered into the NCIC crime database passes by a Flock camera Unlimited Custom Hot Lists Ability to add a suspect’s license plate to a custom list and get alerted when it passes by a Flock camera
DocuSign Envelope ID: 91A5CE64-E4E2-4A36-B49B-1CE8686FA15A
By executing this Order Form, Customer represents an d warrants that it has read and agrees to all of the terms and conditions contained in the Master Services Agreement attached. The Parties have executed this Agreement as of the dates set forth below.
FLOCK GROUP, INC. Customer: CA - City of Palmdale
By:
\FSSignature2\
By:
\FSSignature1\
Name:
\FSFullname2 \
Name:
\FSFullname1 \
Title:
\FSTitle2\
Title:
\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\
PO Number:
DocuSign Envelope ID: 91A5CE64-E4E2-4A36-B49B-1CE8686FA15A General Counsel
6/27/2023
Mark Smith
Specific Services Agreement
This Specific Services Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA 30318 (“Flock”) and the entity identified in the signature block (“ Customer”) (each a “Party,” and together, the “Parties”) on this the 30 day of May 2023. This Agreement is effective on the date of mutual execution (“Effective Date”). Parties will sign an Order Form (“Order Form”) which will describe, and limit, the Flock Services to be performed for at the Customers locations and the period for performance, attached hereto as Exhibit A. The Parties agree as follows:
A. Intent of the Parties
1. Flock offers a software and hardware situational awareness solution through Flock’s technology platform that upon detection is capable of capturing audio, video, image, and recording data and provide notifications to Customer . Customer is contracting only for image and recording of that data via this Agreement. (“Notifications”):
2. Customer desires access to the limited Flock Services (defined below) on existing devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, via the Flock Services.
3. Customer shall have access to the Footage in Flock Services. Pursuant to Flock’s standard Retention Period (defined below) Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices pursuant Customers own separate policies.
4. Flock desires to provide Customer the Flock Services and any access thereto, subject to the terms and conditions of this Agreement, solely for the awareness, prevention, and prosecution of crime, bona fide investigations and evidence gathering for law enforcement purposes, (“Permitted Purpose”).
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B. AGREEMENT
NOW, THEREFORE, Flock and Customer agree that this Agreement including Part A, Intent of the Parties (hereby incorporated by reference), and any Order Form, purchase orders, statements of work, product addenda, or the like, attached hereto as exhibits and incorporated by reference, constitute the complete and exclusive statement of the Agreement of the Parties with respect to the subject matter of this Agreement, and replace and supersede all prior agreements, term sheets, purchase orders, correspondence, oral or written communications and negotiations by and between the Parties.
1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross- referenced in this Section 1.
1.1 “Anonymized Data” means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directl y or indirectly.
1.2 “Authorized End User(s)” means any Customer authorized individual employees, agents, or contractors of Customer accessing or using the Services, under the rights or limitations granted to Customer pursuant to this Agreement.
1.3 “Customer Data” means the data, media and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage.
1.4. “Customer Hardware” means the third -party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.
1.5 “Embedded Software” means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardwar e.
1.6 “Flock Hardware” means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as s pecifically set forth in the applicable product addenda.
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1.7 “Flock IP” means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below).
1.8 “Flock Network End User(s)” means any user of the Flock Services that Customer authorizes access to or receives data from, pursuant to the licenses granted herein.
1.9 “Flock Services” means the provision of Flock’s software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, emergency alerts, searching vehicle image records, video and sharing Footage.
1.10 “Footage” means still images and video, data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.
1.11 “Hotlist(s)” means a digital file containing alphanumeric license plate related information pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes.
Hotlist also includes, but is not limited to, national data (i.e., NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction.
1.12 “Installation Services” means the services provided by Flock for installation of Flock Services.
1.13 “Retention Period” means the 30 rolling day time period that the Customer Data is stored within the cloud storage, as specified in the product addenda.
1.14 “Vehicle Fingerprint™” means the unique vehicular attributes captured through Services such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks.
1.15 “Web Interface” means the website(s) or application(s) t hrough which Customer and its Authorized End Users can access the Services.
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2. SERVICES AND SUPPORT
2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non-transferable right to access the specified features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the data retention time defined on the Order Form (“Retention Period”). Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Customer shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, including any acts or omissions of authorized End user which would constitute a breach of this agreement if undertaken by customer. Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage).
2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, non- transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services.
2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy -two (72) consecutive business hours.
Flock will provide Customer with reasonable technical and on -site support and maintenance services in-person, via phone or by email at [email protected] (such services collectively referred to as “Support Services”).
2.4 Upgrades to Platform. Flock may make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or services to its agencies; the competitive strength of, or market for, Flock’s products or services; such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law.
Parties understand that such upgrades are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this Agreement.
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2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Flock reasonably believes Services are being used for malicious, unlawful, or otherwise unauthorized use -; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer, to provide updates, and to resume provid ing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Customer’s direct actions or by the actions of parties associated with the Customer, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term.
2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Customer’s account (“Service Suspension”). Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension.
2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately.
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3. CUSTOMER OBLIGATIONS
3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a secure User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonat ion.
Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, contractors, or agents of Customer. Authorized End Users shall only use Customer-issued email addresses for the creation of their User ID.
Customer is responsible for any Authorized End User activity associated with its account.
Customer shall ensure that Customer provides Flock with up to date contact information at all times during the Term of this agreement. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services. Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as “Customer Obligations”).
3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video or photo content.
4. DATA USE AND LICENSING
4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data and perform all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data.
4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, DocuSign Envelope ID: 91A5CE64-E4E2-4A36-B49B-1CE8686FA15A
content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty-free, license to use the Customer Generated Data for the purpose of prov iding Flock Services. Flock does not own and shall not sell Customer Generated Data.
4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data non - identifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other similar Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.
5. CONFIDENTIALITY; DISCLOSURES
5.1 Confidentiality. To the extent required by any applicable public records requests, each Party (the “Receiving Party”) understands that the other Party (the “ Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).
Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with DocuSign Envelope ID: 91A5CE64-E4E2-4A36-B49B-1CE8686FA15A
respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party.
Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial, administrative or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement. Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret. Flock acknowledges Customer is subject to the California Public Records Act and agrees that C ustomers compliance with the law does not violate any term, express or implied, of this Agreement.
5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.
Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. Customer and Authorized End Users shall not: (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flo ck IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (vi) use the Flock Services for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There are no implied rights.
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5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations.
6. PAYMENT OF FEES
6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than thirty (30) days after the closing date on the first invoice in which the error or problem appeared to receive an adjustment or credit. Customer acknowledge s and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days’ prior written notice to Customer of the payment delinquency before exercising any suspension right.
6.2 Notice of Changes to Fees. Flock reserves the right to change the fees for subsequent Renewal Terms by providing sixty (60) days’ notice (which may be sent by email) prior to the end of the Initial Term or Renewal Term (as applicable).
6.3 Late Fees. If payment is not issued to Flock by the due date of the invoice, an interest penalty of 1.0% of any unpaid amount may be added for each month or fraction thereafter, until final payment is made.
6.4 Taxes. Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock’s net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge customer any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shall notify Flock and shall pay Flock any additional DocuSign Envelope ID: 91A5CE64-E4E2-4A36-B49B-1CE8686FA15A
amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required.
7. TERM AND TERMINATION
7.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Term”). Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the g reater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then -current term.
7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period and minimize and repair any unreasonable damage to Customers property. In the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period (“Cure Period”). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre- paid fees for Services not received due to such termination.
7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 10.1 and
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8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER
8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.
8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer unde rstands and agrees that (1) Flock Services will be materially affected, and (2) that Flock shall have no liability to Customer regarding such affected Flock Services, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.
8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.
8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTS.
FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK
DISCLAI MS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON -INFRINGEMENT. THIS DISCLAIMER ONLY DocuSign Envelope ID: 91A5CE64-E4E2-4A36-B49B-1CE8686FA15A
APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 10.6.
8.5 Insurance. Flock will maintain commercial general liability policies as stated in Exhibit B.
8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third -party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions.
9. LIMITATION OF LIABILITY ; INDEMNITY
9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,
FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND
EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY
SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED
THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D)
FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR
REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; O R (F) FOR ANY AMOUNTS THAT, TOGETHER WITH
AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID
AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT
GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION 10.6.
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NOTWITHSTANDING ANYT HING TO THE CONTRARY, THE FOREGOING
LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS ABSOLVING FLOCK OF LIABILITY .
9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees.
9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and employees, from liability of any kind, including claims, costs (including defense) and expenses, on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; or (ii) any damage or injury to property or person directly caused by Flock’s installation of Flock Hardw are, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees. Flock’s performance of this indemnity obligation shall not exceed the fees paid and/or payable for the services rendered under this Agreement in the preceding twelve (12) months.
10. INSTALLATION SERVICES AND OBLIGATIONS
10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention o f title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right.
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10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer.
10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, re- positioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at (https://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice and confirm approval of any such fees.
10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached hereto as Exhibit C (“Customer Obligations”). Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation.
10.5 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date of this Agreement. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this agreement, provided that Flock’s use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock’s obligations under this Agreement.
11. MISCELLANEOUS
11.1 Compliance With Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances , as adopted or revised from time to time, and their associated record retention schedules, including responding to any subpoena request(s).
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11.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party ’s consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party’s assets or to any successor by way of merger, consolidation or similar transaction.
11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral , communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon purchase order is subject to these terms. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer’s purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature.
11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer.
11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state in which the Customer is located. The Parties hereto agree that venue would be proper in the chosen courts of the State of which the Customer is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.
11.7 Special Terms. Flock may offer certain special terms which are indicated in the proposal and will become part of this Agreement, upon Customer’s prior written consent and the mutual execution by authorized representatives (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.
DocuSign Envelope ID: 91A5CE64-E4E2-4A36-B49B-1CE8686FA15A
11.8 Publicity. Flock has the right to reference and use Customer’s name and trademarks and disclose the nature of the Services in business and development and marketing efforts so long as the use is professional and does not put Customer into a bad light .
11.9 Feedback. If Agency or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.
11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States D epartment of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section
2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system. Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.
11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.
11.12 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bi nd the Parties they are representing.
11.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise.
11.14 Public Disrepute.
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In the event Customer or its agents become the subject of an indictment, contempt, scandal, crime of moral turpitude or similar event that would negatively impact or tarnish Flock’s reputation. Flock shall have the option to terminate this Agree ment upon prior written notice to Customer.
11.15 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day deliver y by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
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FLOCK NOTICES ADDRESS :
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]
Customer NOTICES ADDRESS :
ADDRESS:
ATTN: Ronda Perez and Roxanne Faber
EMAIL:
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EXHIBIT B
INSURANCE
Required Coverage. Flock shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under this Agreement and the results of that wor k by Flock or its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A. M. Best rating of no less than “A” and “VII”. Flock shall obtain and, during the term of this Agreement, shall maintain polici es of professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that the policies shall remain in full force du ring the life of the Agreement.
Types and Amounts Required . Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
(i) Commercial General Liability insurance written on an occurrence basis with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal injury, contractual lia bility, independent contractors, broad -form property damage, and product and completed operations coverage;
(ii) Umbrella or Excess Liability insurance written on an occurrence basis with minimum limits of Ten Million Dollars ($10,000,000) per occurrence and Ten Million Dollars ($10,000,000) in the aggregate; (iii) Professional Liability/Errors and Omissions insurance with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate; (iv) Commercial Automobile Liability insurance with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and non -owned and hired automobile coverage; and
(v) Cyber Liabilit y insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000).
DocuSign Envelope ID: 91A5CE64-E4E2-4A36-B49B-1CE8686FA15A City Council Staff Report
DATE: JULY 12, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
DISTRICTS: ALL
SUBJECT: RESOLUTION NO. CC 2023 -047, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALMDALE, ADOPTING THE
PALMDALE CALIFORNIA ENVIRONMENTAL QUALITY ACT
PROCEDURES (ENV 23-001)
ISSUE
Adopt Resolution No. CC 2023 -047 adopting the Palmdale California Environmental Quality Act (CEQA) Procedures (ENV 23-001).
RECOMMENDATION
The Planning Commission recommends that the City Council adopt Resolution No.
CC 2023-047.
BACKGROUND
Unfortunately, there is no record of the original adoption of the Local CEQA Guidelines document (now ref erred to as the Palmdale CEQA Procedures); however, the Local CEQA Guidelines document was first amended by the City Council on January 14, 1993, through Resolution No. 93-1 to address updates to the Los Angeles County Congestion Management Plan. It was subsequently amended by the City Council on July 12, 1995, through Resolution No. 95 -114 to ensure consistency with revisions in State law as it related to CEQA review procedures.
On June 8 , 2023 , the Planning Commission adopted Resolution No. PC-2023-010 recommending City Council approval of ENV 23-001.
DISCUSSION
The intent of adopting local CEQA Guidelines is to implement, supplement and tailor the general provisions of the State Guidelines to the specific operations of the City. In accordance with Public Resources Code Section 21000 et seq. and State CEQA Guidelines (California Code of Regulations Section 15000 et seq.), the City may Report to Mayor and City Council
Re: ENV 23-001
July 12, 2023
administer its responsibilities under CEQA in any manner which meets the requirements of CEQA; however, it is important to note that if any section of the proposed Guidelines is in conflict with any provision of the State Guidelines, the State Guidelines are still the controlling regulations.
As proposed, the Palmdale CEQA Procedures will replace the 1995 version of the Local CEQA Guidelines. The document clarifies City processes as it relates to review, approval and adoption of environmental documents, updates definitions, and clarifies exempt projects.
FISCAL IMPACT
ENV 23-001 will streamline and clarify the City’s environmental review of projects, which will incentivize development and therefore increase property and sales tax revenues for the City.
STRATEGIC PLAN
Goal III: Invest in infrastructure to improve community livability.
A. Seek innovative, cost effective, customer focused methods of service delivery.
Prepared by: Megan Taggart, Deputy Director of Economic and Community Development
Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, Interim City Attorney
ATTACHMENT
1. Resolution No. CC 2023-047
CITY COUNCIL
CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2023-047
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE
ADOPTING THE PALMDALE CALIFORNIA ENVIRONMENTAL QUALITY
ACT PROCEDURES (ENV 23-001)
A. RECITALS
WHEREAS, The City previously adopted Local California Environmental Quality Act (CEQA) Guidelines to implement the provisions of the State CEQA Guidelines; and, WHEREAS, Said Guidelines were amended in 1993 (Resolution No. 93-1) and again in 1995 (Resolution No. 95-114) to address updates to the Los Angeles County Congestion Management Plan and ensure consistency with revisions in State law, respectively; and,
WHEREAS, The proposed Palmdale CEQA Procedures replace the Local CEQA Guidelines document and intend to implement, supplement and tailor the general provisions of the State Guidelines to the specific operations of the City. The document clarifies City processes as it relates to review, approval and adoption of environmental documents, updates definitions and clarifies exemptions; and, WHEREAS, On June 8, 2023, the Planning Commission adopted Resolution No.
PC-2023-010 recommending City Council approval of ENV 23-001; and, WHEREAS, All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION
NOW THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF
PALMDALE DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:
SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A of this Resolution, are true and correct.
SECTION 2. Based on substantial evidence presented to the City Council during review of the Palmdale CEQA Procedures document, including a written staff report, this City Council specifically finds that the Palmdale CEQA Procedures, attached hereto as Exhibit I, implements, tailors, and supplements the provisions of the State CEQA Guidelines as it relates to the operations of the City. The City Council further finds that the Palmdale CEQA Procedures complies with the requirements of Public Resources Resolution No. CC 2023-047
Code Section 21000 et seq. and State CEQA Guidelines (California Code of Regulations Section 15000 et seq.).
SECTION 3. Based on the findings and conclusions set forth in sections 1 and 2 above, the City Council hereby approves ENV 23-001, adopting the Palmdale CEQA Procedures as outlined within Exhibit I.
SECTION 4 . Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, or invalid, or ineffective, provided the basic purposes of this Ordinance and the benefits to the City and the public are not substantially impaired.
Resolution No. CC 2023-047
SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall cause this resolution to be published or posted as required by law.
PASSED, APPROVED and ADOPTED this 12th day of July, 2023. _________________________________
Approved as to form: Laura Bettencourt, Mayor
ATTEST:
___________________________ ________________________________ William P. Curley, III Rochelle Scott, Acting City Clerk Interim City Attorney
I, Rochelle Scott, Acting City Clerk of Palmdale, California, do hereby certify that the foregoing resolution was duly passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the 12 th day of July, 2023, by the following roll call vote:
AYES:
NOES:
ABSTAIN: ABSENT:
Date:
Rochelle Scott, Acting City Clerk
APPENDIX A
MINISTERIALLY EXEMPT PROJECTS IN THE CITY OF PALMDALE
Pursuant to Sections 15022 and 15268 of the State Guidelines issuance/approval of the following permits in the City shall be conclusively presumed to be ministerially exempt from the requirements of the CEQA and thus preparation of an environmental document is not required. However, where a project involves an approval that contains elements of both a ministerial action and a discretionary action, the project will be deemed discretionary and will be subject to the requirements of the CEQA.
Building and Related Permits:
1. Building and related permits, including driveways up to 300 feet (e.g., demolition, plumbing, electrical, solar panels).
2. Any permits for historic structures, as defined by the Secretary of Interior, are exempt only if the Secretary of Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings are met.
3. Any permits for a single-family residence, accessory dwelling unit, residential units under section
17.39 of the Palmdale Municipal Code, accessory structures, swimming pools, wall/fences or similar uses.
Grading and Related Earth Disturbing Permits:
4. A grading permit that meets the following criteria:
(a) Is not located in an environmentally sensitive area; (b) Involves grading for construction of a single-family residence; and, (c) Does not result in a new driveway over 300 feet in length.
5. A stockpiling/grading permit up to four feet in height.
6. Structural Erosion Control measures and Best Management Plan (BMPs) processed in accordance with the requirements of the National Pollution Discharge Elimination System (NPDES) program and the Palmdale Municipal Code.
7. Revegetation plans.
Planning Permits:
8. Zone clearance application.
9. Fence permit.
10. Home occupation permit.
11. Sign permit (including directional, identification, temporary off-site and /or agricultural signs, and comprehensive sign plans).
12. Farmworker housing (where permitted by right).
13. Telecommunication facility minor modification application.
14. Temporary use permit.
15 . Time Extension
Land Divisions:
16. Final subdivision maps.
17. A parcel map created pursuant to Chapter 16.03 (Urban Lot Split) of the Palmdale Municipal Code.
18. Minor modifications and amendments to tentative tract and parcel maps.
19. Recorded map technical corrections.
20. Lot line adjustments involving four or fewer parcels, except when processed concurrently with a related application that is discretionary (e.g. variance, use permit).
21. Unconditional certificate of compliance.
22. Voluntary merger of parcels.
23. Record of survey map recording.
APPENDIX B
ADDITIONAL CATEGORICALLY EXEMPT PROJECTS IN THE CITY OF PALMDALE In addition to the exemptions contained in the State Guidelines, pursuant to Sections 15022(a)(1)(C) and 15300.4 of the State Guidelines the City has found that the following types of projects typically do not have a significant effect on the environment and therefore qualify for a categorical exemption under the class of categorical exemptions listed below:
Class 1: Existing Facilities [State Guidelines §15301]
1. Existing roads, streets, highways, bicycle and pedestrian paths, and appurtenant facilities. Repair, maintenance, reconstruction, replacement and minor expansion including, but not limited to:
(a) Reconstructing, resurfacing and/or seal coating of the pavement; (b) Paving existing unpaved shoulders;
(c) Widening the paved roadway by less than 10 feet or adding up to 4-foot wide unpaved shoulders;
(d) Adding short auxiliary lanes when required for localized purposes such as weaving, turning, lane changing or accelerating or decelerating; (e) Adding non-motorized trails and walkways parallel to the existing roadway to separate such non-motorized uses from motorized traffic; (f) Installing landscaping within road rights-of-way that involves minimal earth disturbing activities;
(g) Working on clear-span bridge structures, reconstructing existing stream crossings and making minor operational improvements to drainage facilities, provided that the construction of temporary stream bypasses is not involved; (h) Modifying to improve existing roadside safety features such as curbs, pikes, headwalls, slopes and ditches within the right of way, adding or replacing devices such as fencing, guardrails, safety barriers, guideposts, and markers, or installing, removing, or modifying regulatory, warning, or informational signs; (i) Adding, removing and/or replacing distinctive roadway, runway, or taxiway markings such as painted stripes, raised pavement markers thermoplastic, tape or raised bars; OR
(j) Abandoning dead-end roads when provisions for ongoing, long-term maintenance have been made or the road right-of-way has been returned to a natural state from a hydrologic standpoint.
2. Existing telecommunication facilities: Modification and renewal of the permits thereof.
3. Minor modifications to approved plans pursuant to § 17.26.040 of the Palmdale Municipal Code.
4. Existing erosion control plans: Modification thereof when:
(a) The footprint of the area disturbed is not expanded; (b) The amount of sediment delivered from the site as calculated by a qualified professional is not increased; AND
(c) Groundwater use is not increased.
5. Tentative map revisions: Revisions to approved maps, including minor adjustments to access roads, that do not affect existing buildings.
6. Existing mining operations: Temporary cessation thereof.
Class 3: New Construction or Conversion of Small Structures [State Guidelines §15303]
7. Farmworker housing: Construction and operation thereof where not permitted by right.
8. Construction and operation of agricultural processing facilities, and farm management uses that:
(a) Are less than 5,000 square feet in size; and,
(b) Will generate less than 40 vehicle trips per day and 5 per peak hour.
9. Construction and operation of small public/emergency service facilities, including sheriff’s communication towers and power generators and buildings of less than 5,000 feet on less than 30% slopes involving less than 2,000 cubic yards of grading/excavation.
10. Wells: Installation and/or operation thereof pursuant to a groundwater permit when the amount of groundwater proposed to be used in total on the parcel is less than or equal to the amount of groundwater historically used (i.e., during the last 3 years).
Class 4: Minor Alterations to Land [State Guidelines §15304]
11. Park Facilities: Installation and operation of new or modification to existing park facilities that would:
(a) Disturb less than 5½ acres of land and have an average slope of 15% or less; AND (b) Do not increase overall groundwater use on the parcel.
12. New access roads and driveways (longer than 300 feet and resulting in less than 2,000 cubic yards of grading) that would:
(a) Not disturb more than 2 acres of land;
(b) Not traverse slopes that are steeper than 29.9%; AND (c) Not discharge concentrated runoff within a stream setback area.
Class 5: Minor Alterations in Land Use Limitations [State Guidelines §15305]
13. Zone Changes and General Plan Amendments: Implementation of Zone Changes and General Plan Amendments that do not increase the maximum intensity of land use allowed.
14. Parcel mergers: Implementation of parcel mergers pursuant to Title 16 of the Palmdale Municipal Code implementing the Subdivision Map Act.
15. Temporary public road closures: Closures for temporary use permits and special events pursuant to Title 17 of the Palmdale Municipal Code.
16. Variances to standards for projects that are allowed by right under zoning.
17. Minor modifications to lot line adjustments pursuant to Title 16 of the Palmdale Municipal Code.
EXHIBIT I
GUIDELINES AND PROCEDURES FOR
IMPLEMENTING THE PROVISIONS OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
FOR PROJECTS IN THE CITY OF PALMDALE
SECTION 1 PURPOSE
These Guidelines and Procedures (“Guidelines”) are adopted to implement the California Environmental Quality Act (“CEQA”), Public Resources Code Section 21000 et seq., and the State CEQA Guidelines (“State Guidelines”), Title 14 California Code of Regulations Section 15000 et seq., and may be referred to as the Palmdale CEQA Procedures.
SECTION 2 RELATIONSHIP TO STATE GUIDELINES
The State Guidelines are hereby incorporated by reference. These Guidelines are not meant to replace the State Guidelines but to implement, supplement and tailor the general provisions of the State Guidelines to the specific operations of the City of Palmdale and the Housing Authority of the City of Palmdale (individually and collectively “Public Agency”). The City Council and Housing Authority Board are the governing boards of the Public Agencies and are hereinafter referred to individually and collectively as “Governing Board.” The Public Agency may administer its responsibilities under CEQA in any manner which meets the requirements of CEQA, notwithstanding the specific procedures and provisions set forth in these Guidelines; provided, however, that when such procedures and provision are not followed, the Governing Body, shall, by minute action, find that extraordinary circumstances exist and that such procedures and provisions are waived. The Governing Board shall be the only CEQA decision-making body as specified in these Guidelines with the ability to waive the procedures and provisions contained herein. If any Sections of these Guidelines are in conflict with or contrary to any provision of the State Guidelines as they now exist or may be amended hereafter, the State Guidelines shall control.
SECTION 3 DEFINITIONS
The definitions set forth in the Public Resources Code section 21060 et. seq. and the State Guidelines shall govern and are the applicable definitions except as modified and/or supplemented herein.
Advisory Body - The person, committee, or commission, which has authority by law or ordinance to comment upon or give an advisory decision on the Project at issue. For the Public Agencies the Advisory Body may include but is not limited to Director and City Planning Commission.
CEQA Document – The CEQA Document prepared for a particular Project which can include but is not limited to Notice of Exemption, Negative Declaration, Mitigated Negative Declaration, and Environmental Impact Report.
2 City - The City of Palmdale, a California charter city and municipal code.
City Planning Commission – The Governing Body and Advisory Board to the Public Agencies created pursuant to the Chapter 2.46 of the Palmdale Municipal Code and governed by Title 17 of the Palmdale Municipal Code.
Decision-Making Body – The person, commission, or council which has the authority by law or ordinance to make a final decision to approve or disapprove the Project at issue. For the Public Agencies the Decision-Making Body, depending on the CEQA document, are the Director, City Planning Commission, and Governing Body.
Department – The department in the City that is carrying out a Project.
Director – The director of the department in the City, or his/her designee, responsible for CEQA functions on a particular Project.
Governing Body – The final Decision-Making Body for the Public Agencies. For the City it is the Director, Planning Commission and City Council. For the Housing Authority it is the Director, Planning Commission and Housing Authority Board.
Housing Authority – The Housing Authority of the City of Palmdale created in 1997 by Resolution No. 97-062.
Lead Agency – The Department responsible for preparing the CEQA document for the Project.
Project – Any action as defined by State Guidelines §15378.
Public Agency – Includes any state agency, board, or commission and any local or regional agency, as defined in these Guidelines. As used in these Guidelines, Public Agency in the capitalized terms means the City of Palmdale and the Housing Authority of the City of Palmdale, as applicable, and their respective council and boards, acting as the Lead Agency for a Project. It does not include the courts of the state nor agencies of the federal government.
SECTION 4 RESPONSIBILITY OF DEPARTMENTS AND
DEPARTMENT DIRECTORS
A. Private Projects. For all private Projects the Planning Division of the Economic & Community Development Department (“Planning Division”) shall be responsible for the handling and processing of all CEQA Documents as follows:
1. Prepare the CEQA documents or retain, at the applicants expense, outside consultants to prepare the CEQA document.
2. Upon completion of the CEQA Document submit to the appropriate Decision-Making Body.
3 B. Public Agency Projects. Each Department shall each be responsible for the preparation, review and/or processing of CEQA Documents as follows:
1. The Directors of the Department for which a Project is undertaken shall:
a. Conduct the environmental review process in conjunction with these Guidelines, including the preparation of the CEQA Documents; or, b. Retain the services of an outside consultant to perform the environmental review, subject to these Guidelines.
2. Upon completion of the CEQA Document submit to the appropriate Decision-Making Body.
SECTION 5 INITIAL PROCESS
A. Purpose. The CEQA process is an informational process involving a series of procedural and substantive steps to determine if CEQA applies to a given activity, and if CEQA applies, to identify potential environmental impacts and methods of mitigating such impacts.
B. Steps.
1. Determine if an activity, proposal, or action meets the definition of a “Project” pursuant to CEQA (Guidelines §15378). If it does not meet the definition of a Project no further action under CEQA is required.
2. If the activity is a Project, determine if the Project is either statutorily or categorically exempt from further CEQA review.
3. If the Project is exempt, no further CEQA review is required and a Notice of Exemption is prepared and filed pursuant to State Guidelines (Guidelines §15062).
4. If a Project is not exempt then an Initial Study shall be prepared to describe and evaluate the potential environmental impacts of the Project.
5. The Initial Study will lead to either the preparation of a Negative Declaration, a Mitigated Negative Declaration, or an Environmental Impact Report.
SECTION 6. EXEMPTIONS
A. Exemptions Generally. Projects that are ministerial in nature, meet general rule findings, are statutorily exempt, are categorically exempt, or are denied do not require the preparation of an Initial Study, an Environmental Impact Report, a Mitigated Negative Declaration or a Negative Declaration.
4 B. Ministerial Projects. A ministerial project involves little or no personal judgement by the Public Agency and involves only the use of fixed standards or objective measurements and no personal, subjective judgement can be used in deciding if a project can be carried out (State CEQA Guidelines §15269). Appendix A contains the list of projects in the City that the Governing Body has found to be ministerial in nature. However, when a project involves elements, some of which are ministerial in nature and some of which are discretionary, the overall project will be deemed discretionary and subject to CEQA review.
C. General Rule. CEQA does not apply to a project where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment (State Guidelines §15061(b)(3)).
D. Statutory Exemptions. Those exemptions granted by the State legislature and are listed in State Guidelines §§ 15260 through 15285, as may be amended from time to time.
E. Categorical Exemptions. Those classes of projects which the State Guidelines have determined typically do not have a significant impact on the environment (State Guidelines §§ 15300-15333). In addition, pursuant to § 15300.4 of the State Guidelines, the Public Agency hereby adds the activities and permits listed in Appendix B to the list of Class Numbers 1, 3, 4, and 5 activities that are categorically exempt in the City.
F. Categorical Exemption Limitation. A categorical exemption shall not be used if the conditions in State Guidelines Section 15300.2 apply.
G. Notice of Exemption. If a project is exempt under one of the categories listed above, then a Notice of Exemption may be filed following the procedures and requirements of State Guidelines § 15062 as follows:
1. The Notice shall include a brief description of the project, the location of the project, a finding that the project is exempt citing to the sections or statutes of the exemptions and the justifications for the exemptions, the applicant’s name and the identity of the person undertaking the project.
2. The Notice shall be filled with the County Clerk, after approval of the project
3. If the project is not subject to CEQA under State Guidelines § 15193 (agricultural housing exemption), § 15194 (affordable housing exemption) or § 15195 (residential infill exemption) the Notice shall be filed with the State Clearinghouse and shall identify which one of these sections the exemption is claimed.
SECTION 7. INITIAL STUDIES
A. Determination that an Initial Study should be Prepared. If a Project is subject to the requirements of CEQA and not exempt by the State Guidelines, the Director shall 5 initiate an Initial Study to determine if the Project may have a significant effect on the environment. If the Director determines that an Environmental Impact Report will be required for the Project, an Initial Study is not required but may still be made if determined to be desirable. If it is determined that an Initial Study is required for a Project, all phases of Project planning, implementation, and operation shall be considered. An Initial Study or similar analysis prepared pursuant to NEPA may be used to meet the requirements of this Section.
B. Elements. The elements of an Initial Study shall follow Appendix G of the State Guidelines.
C. Results of Initial Study. The Initial Study shall be used to provide a written determination of whether a Negative Declaration, Mitigated Negative Declaration or an Environmental Impact Report shall be prepared for a Project.
SECTION 8 NEGATIVE DECLARATIONS OR MITIGATED NEGATIVE
DECLARATIONS
A. Determination to Prepare a Negative Declaration or Mitigated Negative Declaration. The Director shall direct the preparation of a Negative Declaration or Mitigated Negative Declaration for a Project based on the following circumstances.
1. Negative Declaration. The Initial Study, in light of the whole record, shows there is no substantial evidence that the Project may have a significant effect on the environment.
2. Mitigated Negative Declaration. The Initial Study identified potentially significant effects but revisions in the Project plans or proposals made by or agreed to by the applicant before the proposed Mitigated Negative Declaration is released for public review would avoid or mitigate the effects to a point where clearly no significant effects would occur, and there is no substantial evidence before the Director that the Project as revised may have a significant effect on the environment.
B. Procedures. A Negative Declaration or Mitigated Negative Declaration shall follow the State Guidelines as to required content (State Guidelines §15071).
C. State Clearinghouse Involvement. The State Clearinghouse shall receive notice and be involved as set forth below, if one or more state agencies will be a responsible or trustee agency or will exercise jurisdiction over a natural resource affected by the project, or where the project is of statewide, regional, or areawide environmental significance.
D. Notice of Intent to Adopt. Prior to the adoption of a Negative Declaration or Mitigated Negative Declaration, a Notice of Intent to Adopt shall be filed pursuant to State Guidelines §15072. The Notice shall be mailed to responsible agencies, trustee agencies and to those organizations and individuals who have requested, in writing, to receive such notice. In addition, the Notice shall also be given pursuant to § 17.20.020 of the Palmdale 6 Municipal Code for projects requiring a public hearing and in one of the following manners for projects subject to administrative review:
1. Posting the notice on and off the site in the area where the project is located.
2. Direct mailing to the owners and occupants of property contiguous to the project. The owners are identified by the latest equalized assessment roll.
In addition, the Notice shall be filed with the County Clerk. For a project of statewide, regional or areawide significance, notice is provided to transportation planning agencies and public agencies which have transportation facilities within the jurisdiction which could be affected by the project. Public transit agencies with facilities within one-half mile of the project should also receive notice.
If the Public Agency has received a written notification by the U.S. Department of Defense or any branch of the U.S. Armed forces of the specific boundaries of a low-level flight path, military impact zone, or special use airspace and they have provided the lead agency with the military contact office and address, then that military office shall be included in the list of organizations to receive notice (State Guideline §15190.5).
E. Public Review. For projects that do not require submittal to the State Clearinghouse, there is a minimum of 20-day public review and comment period. If submitted to the State Clearinghouse, then there is a minimum of 30-day public review and comment period (State Guidelines § 15073).
F. Adoption of a Negative Declaration or Mitigated Negative Declaration. Prior to approval of a Project, the applicable Decision-Making Body shall consider the draft Negative Declaration or draft Mitigated Negative Declaration together with any comments received during the public review process. After review by the applicable Decision- Making Body, the Project and the draft Negative Declaration or draft Mitigated Negative Declaration, and any recommendation thereto, may be adopted, approved or disapproved.
G. Public Agency Projects. For all Public Agency Projects if the Project involves a land use entitlement as defined in Title 17 of the Palmdale Municipal Code, then that process shall be the same as for a private project. If no land use entitlement is required, then only the City Council/Housing Authority Board may adopt a Negative Declaration or a Mitigated Negative Declaration.
H. Mitigation Monitoring Program/Plan. In conjunction with adoption of a Mitigated Negative Declaration, the Decision-Making Body shall adopt a program of monitoring to ensure that the required mitigation measures are implemented (State Guidelines § 15074).
I. Notice of Determination. Within five working days after the Decision-Making Body has made a decision to carry out or approve a Project, the Public Agency shall prepare and file a Notice of Determination pursuant to State Guidelines § 15075. 7 J. Federal Projects - For Projects where federal involvement might require the preparation of a finding of no significant effect, the State Guidelines shall be followed in addition to the procedures set forth in this Section.
8 SECTION 9 ENVIRONMENTAL IMPACT REPORTS
A. Significant Impacts. When the Director determines that a Project may have a significant impact on the environment, the Director shall direct the preparation of an Environmental Impact Report for the Project. The Project applicant shall provide any information requested for the preparation of an Environmental Impact Report. In connection with the preparation of an Environmental Impact Report, the procedures contained in this Section and the State Guidelines shall be followed (§§15120 – 15132).
B. Preparation of an Environmental Impact Report
1. One of the following methods or a combination of them may be used for preparing an Environmental Impact Report:
a. Contracting with another entity, public or private, to prepare the Environmental Impact Report.
b. Accepting an Environmental Impact Report prepared by a consultant, and paid by the applicant, or any other person. c. Using a previously prepared Environmental Impact Report.
2. The Environmental Impact Report shall be reviewed and analyzed by the Department before it is sent out for public review to ensure its accuracy, objectivity and completeness. The Environmental Impact Report shall also reflect the independent judgment of the Public Agency.
3. The Department may require the applicant to supply data, technical studies, and information to assist in preparing the Environmental Impact Report.
The applicant shall also be required to identify any other public agencies that will have jurisdiction by law over the Project.
4. The applicant shall pay an Environmental Impact Report processing fee established by City Council resolution and shall pay the actual costs of preparing and printing the Environmental Impact Report.
C. Notice of Preparation. A Notice of Preparation (NOP) (State Guidelines § 15082) notifying responsible and interested agencies about the project and soliciting their comments on the scope and content of the Environmental Impact Report shall be prepared by the Department. This notice shall be sent by certified mail to the applicant, all responsible and trustee agencies, and all federal agencies involved in approving or funding the project. The NOP shall also be sent to the State Clearinghouse and the County Clerk.
Those receiving the NOP have 30 days in which to provide comments regarding the Environmental Impact Report preparation for the Project.
If the Public Agency has received a written notification by the U.S. Department of Defense or any branch of the U.S. Armed forces of the specific boundaries of a low-level flight 9 path, military impact zone, or special use airspace and they have provided the Public Agency with the military contact office and address, then that military office shall receive notice the NOP (State Guideline §15190.5).
D. Scoping Meeting. For Projects of statewide, regional or areawide significance, or that may affect a highway or other facility under the jurisdiction of the Department of Transportation, at least one scoping meeting shall occur. Notice for the scoping meeting shall be given as follows:
1. Any county or city that borders the City.
2. Any responsible agency.
3. Any public agency that has jurisdiction by law with respect to the Project.
4. Any organization or individual who has filed a written request for the notice.
E. Form and Content of an Environmental Impact Report - The required contents of an Environmental Impact Report as set forth in the State Guidelines §§ 15120 - 15132 shall be followed.
F. Notice of Completion. As soon as an Environmental Impact Report is completed, the Director shall file a Notice of Completion in printed form or electronically with the Office of Planning and Research. The Notice of Completion shall include all required information and be filed pursuant to State Guidelines § 15085. The Notice of Completion shall include:
1. A brief description of the project.
2. The location of the project either by street address and cross street for urban areas, or by attaching a map, as set forth in State Guidelines § 15085.
3. Address where copies of the draft Environmental Impact Report are available.
4. The review period during which comments will be received.
G. Notice of Availability. A Notice of Availability of a completed Environmental Impact Report shall be provided at the same time as the Notice of Completion is sent to the Office of Planning and Research. The Notice of Availability shall be prepared and posted as prescribed in the State Guidelines (§ 15087) and shall be mailed to the last known address of all organizations and individuals who had previously requested such notice and shall be provided pursuant to § 17.20.020 of the Palmdale Municipal Code.
The Notice of Availability shall include:
1. Brief description of the project.
10 2. Starting and ending dates of the review period.
3. The date, time, and place of any scheduled public meetings or hearings to be held by the lead agency.
4. A list of the significant environmental effects anticipated as a result of the project.
5. The address where copies of the Environmental Impact Report and all documents incorporated by reference will be available for public review.
The location shall be readily accessible during the lead agency’s normal working hours. Copies of the draft Environmental Impact Report should be provided to the public library serving the area involved.
6. The presence of the project site on any lists enumerated under Government Code §65962.5 (hazardous waste sites).
H. Public Review of an Environmental Impact Report. Upon the filing of a Notice of Completion, the Director shall submit copies of the Draft Environmental Impact Report to each responsible agency, trustee agency and any other public agency having jurisdiction by law with respect to the Project. Copies of the Environmental Impact Report shall also be made available for purchase by members of the general public. Any person obtaining a copy of the Draft Environmental Impact Report shall reimburse the Public Agency for its reproduction pursuant to the fees established by City Council resolution. Copies of the Draft Environmental Impact Report shall also be available at the Palmdale City Library and at City Hall.
The public review period for an Environmental Impact Report shall not be less than 30 days nor should it be longer than 60 days except under unusual circumstances. If the Environmental Impact Report is submitted to the State Clearinghouse for review, the review period shall not be less than 45 days.
I. Responses to Comments. In addition to any and all requirements of the State Guidelines, the Director shall evaluate and respond to all comments received regarding the Draft Environmental Impact Report. The Director shall provide a written proposed response to any public agency on comments made by that public agency at least 10 days prior to certifying the Environmental Impact Report (State Guidelines § 15088).
J. Preparation of Final Environmental Impact Report. Prior to the public hearing before the Governing Body, it shall be the responsibility of the Director to cause to be prepared a Final Environmental Impact Report. The contents of a Final Environmental Impact Report shall consist of:
1. The Draft Environmental Impact Report or a revision of the draft.
2. Comments and recommendations received on the Draft Environmental Impact Report either verbatim or in summary.
11 3. A list of persons, organizations, and public agencies commenting on the Draft Environmental Impact Report.
4. The responses of the Public Agency to significant environmental points raised in the review and consultation process.
5. Any other information added by the Public Agency (State Guidelines § 15132).
K. Public Hearing and Certification of a Final Environmental Impact Report. The Governing Body (for private projects and public projects involving land use entitlements the Planning Commission, and for public projects with no land use entitlements the City Council/Housing Authority), at a public hearing, shall review the Final Environmental Impact Report and related Project concurrently. The Final Environmental Impact Report shall be presented to the Governing Body, together with the Draft Environmental Impact Report.
Following the public hearing, and prior to approving the Project, the Governing Body shall certify that:
1. The Final Environmental Impact Report has been completed in compliance with CEQA;
2. The Final Environmental Impact Report was presented to them, and that they reviewed and considered the information contained in the Final Environmental Impact Report prior to approving the Project; and,
3. The Final Environmental Impact Report reflects the Public Agency’s independent judgment and analysis.
L. Findings. The Public Agency, in the certification of the Environmental Impact Report, shall identify one or more significant environmental effects of the Project unless it makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings set forth in the State Guidelines § 15091 include:
1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final Environmental Impact Report.
2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the Public Agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency.
3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained 12 workers, make infeasible the mitigation measures or project alternatives identified in the Final Environmental Impact Report.
M. Mitigation Monitoring or Reporting Program - In conjunction with adoption of an Environmental Impact Report, the Governing Body shall adopt a program of monitoring to ensure that the required mitigation measures are implemented (State Guidelines § 15097).
N. Statement of Overriding Considerations. For any impact that cannot be reduced to less than significant, a Statement of Overriding Consideration shall be adopted pursuant to the State Guidelines § 15093. The Governing Body shall balance, as applicable, the economic, legal, social, technological, or other benefits, including region-wide or statewide environmental benefits, of a Project against its unavoidable environmental risks when determining whether to approve the Project. If the specific economic, legal, social, technological, or other benefits, including region-wide or statewide environmental benefits, of a Project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered acceptable. The findings shall be in writing and set forth the specific reasons to support its action based on the Final Environmental Impact Report and/or other information in the record.
O. Notice of Determination - When the Public Agency has decided to carry out or approve a Project, the Public Agency shall prepare a Notice of Determination and within five working days, shall file the Notice of Determination with the County Clerk and, if applicable, with the Office of Planning and Research. The Notice of Determination shall include those items specified in the State Guidelines § 15094 as follows:
1. Identification of the project including any project title used in the Draft Environmental Impact Report.
2. Location of the project either by street address and cross street for urban areas, or by attaching a map as set forth in State Guidelines § 15085.
3. The State Clearing Housing identification number.
4. A brief description of the Project.
5. The Public Agency’s name.
6. The date on which the Public Agency approved the Project.
7. The applicant’s name.
8. The determination of the lead agency whether the Project, as approved, will have a significant effect on the environment.
9. A statement that the Environmental Impact Report was prepared and certified pursuant to the provisions of CEQA.
13 10. Whether mitigation measures were made a condition of approval and whether a mitigation monitoring program was adopted.
11. Whether findings were made pursuant to State Guidelines §15091.
12. Whether a statement of overriding considerations was adopted.
13. The address where a copy of the Final Environmental Impact Report and record of Project approval may be examined.
14. If different from the applicant, the identity of the person undertraining the Project.
SECTION 10 APPEALS
A. Appeals. - Any decision by the Director or City Planning Commission on a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report, may be appealed as set forth in Title 17 of the Palmdale Municipal Code. All actions of the City Council/Housing Authority shall be final.
SECTION 11 AMENDMENTS TO THESE GUIDELINES
These Guidelines may be administratively amended by the City Attorney’s Office of the City of Palmdale without any further approval by any Public Agency, so as to conform to any changes in CEQA and/or the State Guidelines.
APPENDICES
Appendix A – Ministerially Exempt Projects
Appendix B – Additional Categorical Exempt Projects
City Council Staff Report
DATE: JULY 12, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
DISTRICT: 4
SUBJECT: NOTICE OF COMPLETION – ACCEPT PUBLIC IMPROVEMENTS FOR PILOT TRAVEL CENTERS LOCATED AT 5231
PEARBLOSSOM HIGHWAY.
ISSUE
Notice of Completion – Accept Public Improvements for Pilot Travel Centers located at 5231 Pearblossom Highway.
RECOMMENDATION
Staff recommends that the City Council:
1. Accept the completed public improvements for Pilot Travel Centers located at 5231 Pearblossom Highway.
2. Authorize the City Manager or h er designee to file a Notice of Completion and release the security for the completed public improvements.
BACKGROUND
This project constructed street improvements on Pearblossom Highway and Fort Tejon Road. The public improvements have been installed per the approved construction plan, inspected, and approved by City Public Works inspection staff.
DISCUSSION
The required public improvements for the project listed in Exhibit “A” and shown in Exhibit “B” have been completed to the satisfaction of the City Engineer as required in the Subdivision/Development Improvement Agreement between the developer and the City. This Council action will accept the public improvements as complete and will begin a one-year period, thereafter transferring maintenance responsibility of these improvements from the developer to the City of Palmdale. This Council action will also initiate the City ’s release of applicable securities posted for this project in accordance Report to Mayor and City Council
Re: Acceptance of Completed Public Improvements
July 12, 2023
with the City’s subdivision regulations. This action is being taken pursuant to Section
16.110.060 of the City’s Municipal Code.
FISCAL IMPACT
The City’s maintenance costs will incrementally increase as a result of acceptance of these improvements.
STRATEGIC PLAN
Goal III: Invest in infrastructure to improve community livability.
C. Plan and maintain safe and attractive neighborhoods, streets, facilities, and public spaces with exciting programming that promotes active fun for everyone.
Prepared by: Lynn Glidden, P.E. Director of Public Works Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, Interim City Attorney
ATTACHMENTS
1. Exhibit A – List of Completed Public Improvements
2. Exhibit B – Site Map Location
3. Notice of Completion – Pilot Travel Centers Street Improvements
EXHIBIT A
LIST OF COMPLETED PUBLIC IMPROVEMENTS
Tract/Project Plan # Quantity Security
PILOT TRAVEL CENTERS ST 21-15 8978 LF $1,504,200 PILOT TRAVEL CENTERS PC 21-15 849 LF $ 75,900 PILOT TRAVEL CENTERS SD 21-15 117 LF $151,200
PILOT TRAVEL CENTERS GD 21-15 1 PARKWAY DRAIN $1,874
EXHIBIT B
SITE MAP
RECORDING REQUESTED BY:
CITY OF PALMDALE
WHEN RECORDED MAIL TO:
CITY OF PALMDALE
OFFICE OF THE CITY CLERK
38300 SIERRA HIGHWAY, SUITE C
PALMDALE, CA 93550
Space above this line is for Recorder’s Use
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, is hereby given that:
1. The undersigned is owner or corporate officer of the interest or estate stated below in the property hereinafter described.
2. The full name of the owner is City of Palmdale, a Municipal Corporation.
3. The full address of the owner is 38300 Sierra Highway, Palmdale, CA 93550.
4. The nature of interest or estate of the owner is: Street, Sewer and Drainage Improvements-Pilot Travel Centers.
5. A work of improvement on the property hereinafter described was completed on June 06, 2023
6. The work done was: “ Street, Sewer and Drainage Improvements-Pilot Travel Centers”,
7. The name of the Contractor for such work of improvement: Pilot Travel Centers LLC
8. The property on which said work of improvement was completed is in the City of Palmdale, County of Los Angeles, State of California, and is described as follows: North of Pearblossom Highway and 52nd Street East.
9. The address of said property is: 5231 Pearblossom Highway.
Dated: July 12, 2023
CITY OF PALMDALE
Guillermo I. Padilla, City Engineer
____________________________________________________________________________
VERIFICATION
I, the undersigned, say: I am the City Engineer, the declarant of the foregoing notice of completion; I have read the said notice of completion and know the contents thereof; the same is true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on July 12, 2023, in the City of Palmdale, California.
Guillermo I. Padilla, City Engineer
City Council Staff Report
DATE: JULY 12, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
DISTRICT: 1
SUBJECT: NOTICE OF COMPLETION – ACCEPT PUBLIC IMPROVEMENTS FOR DESERT WIND CHURCH LOCATED AT 38117 13 TH STREET
EAST.
ISSUE
Notice of Completion – Accept Public Improvements for Desert Wind Church located at 38117 13th Street East.
RECOMMENDATION
Staff recommends that the City Council:
1. Accept the completed public improvements for Desert Wind Church located at 38117 13th Street East.
2. Authorize the City Manager or h er designee to file a Notice of Completion and release the security for the completed public improvements.
BACKGROUND
This project constructed street improvements on Avenue Q-13 and 13th Street East. The public improvements have been installed per the approved construction plan, inspected, and approved by City Public Works inspection staff.
DISCUSSION
The required public improvements for the project listed in Exhibit “A” and shown in Exhibit “B” have been completed to the satisfaction of the City Engineer as required in the Subdivision/Development Improvement Agreement between the developer and the City. This Council action will accept the public improvements as complete and will begin a one-year period, thereafter transferring maintenance responsibility of these improvements from the developer to the City of Palmdale. This Council action will also initiate the City ’s release of applicable securities posted for this project in accordance Report to Mayor and City Council
Re: Acceptance of Completed Public Improvements
July 12, 2023
with the City’s subdivision regulations. This action is being taken pursuant to Section
16.110.060 of the City’s Municipal Code.
FISCAL IMPACT
The City’s maintenance costs will incrementally increase as a result of acceptance of these improvements.
STRATEGIC PLAN
Goal III: Invest in infrastructure to improve community livability.
C. Plan and maintain safe and attractive neighborhoods, streets, facilities, and public spaces with exciting programming that promotes active fun for everyone.
Prepared by: Lynn Glidden, P.E. Director of Public Works Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, Interim City Attorney
ATTACHMENTS
1. Exhibit A – List of Completed Public Improvements
2. Exhibit B – Site Map Location
3. Notice of Completion – Desert Wind Church Street Improvements
EXHIBIT A
LIST OF COMPLETED PUBLIC IMPROVEMENTS
Tract/Project Plan # Quantity Security
DESERT WINDS CHURCH ST 20-27 360 LF $43,200
PARKING LOT REHAB
DESERT WINDS CHURCH GD 20-27 2 PARKWAY DRAINS $3,749
PARKING LOT REHAB
EXHIBIT B
SITE MAP
RECORDING REQUESTED BY:
CITY OF PALMDALE
WHEN RECORDED MAIL TO:
CITY OF PALMDALE
OFFICE OF THE CITY CLERK
38300 SIERRA HIGHWAY, SUITE C
PALMDALE, CA 93550
Space above this line is for Recorder’s Use
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, is hereby given that:
1. The undersigned is owner or corporate officer of the interest or estate stated below in the property hereinafter described.
2. The full name of the owner is City of Palmdale, a Municipal Corporation.
3. The full address of the owner is 38300 Sierra Highway, Palmdale, CA 93550.
4. The nature of interest or estate of the owner is: Street Improvements-Desert Wind Church.
5. A work of improvement on the property hereinafter described was completed on June 06, 2023
6. The work done was: “ Street Improvements-Desert Wind Church”,
7. The name of the Contractor for such work of improvement: So Cal Construction Inc.
8. The property on which said work of improvement was completed is in the City of Palmdale, County of Los Angeles, State of California, and is described as follows: South of Avenue Q-13 and 13th Street East.
9. The address of said property is: 38711 13th Street East.
Dated: July 12, 2023
CITY OF PALMDALE
Guillermo I. Padilla, City Engineer
____________________________________________________________________________
VERIFICATION
I, the undersigned, say: I am the City Engineer, the declarant of the foregoing notice of completion; I have read the said notice of completion and know the contents thereof; the same is true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on July 12, 2023, in the City of Palmdale, California.
Guillermo I. Padilla, City Engineer
City Council Staff Report
DATE: JULY 12, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS
DISTRICT: 1 & 2
SUBJECT: AWARD ON -CALL EMERGENCY SEWER COLLECTION SYSTEM
REPAIRS AGREEMENT WITH MIKE PRLICH & SONS IN AN
AMOUNT NOT TO EXCEED $350,000 FOR ON -CALL CITYWIDE
SEWER EMERGENCY REPAIRS FOR A TERM OF THREE (3)
YEARS.
ISSUE
Award On-Call Emergency Sewer Collection System Repairs Agreement with Mike Prlich & Sons in an amount not to exceed $350,000 for on -call citywide sewer emergency repairs for a term of three (3) years.
RECOMMENDATION
Staff recommends that the City Council:
1. Award on-call services Agreement No. A-8329 with Mike Prlich & Sons to provide on-call sewer emergency repairs.
2. Authorize the City Manager, or her designee, to execute Agreement No. A- 8329 with Mike Prlich & Sons, including minimal and or/non-substantive changes.
BACKGROUND
The City of Palmdale owns, inspects , and maintains approximately 396 miles of sewer mainlines and 8,441 manholes. The City of Palmdale’s wastewater infrastructure is maintained annually in accordance with the adopted Sanitary Sewer Maintenance Plan (SSMP). The Sewer Maintenance division contracts all mainline and manhole repairs as CIP projects. The CIP sewer projects may contain construction activities such as, but not limited to, excavating, removing, and replacing sewer pipes of various diam eters and lengths, setting manholes to grade, repairing manhole collars, etc.
DISCUSSION
Report to Mayor and City Council
Re: Agreement for On-Call Sewer Emergency Repairs
July 12, 2023
In the event a sewer mainline(s) or manhole(s) emergency is encountered, such as sewer cleaning equipment malfunction or a collapsed mainline found during routine maintenance, having the ability to rapidly respond to repair sewer infrastructure emergencies is essential to ensure system operations, reduce further system damages, and reduce the risk of a potential public health emergency. Therefore, the services of an on-call contractor to provide as-needed sewer infrastructure repair services are needed.
The proposed agreement is for on-call emergency sewer repair services with a term of three years and a not-to-exceed total amount of $350,000. The exact amount of services needed per fiscal year will vary depending on the level of response services required.
IFB No. 22-006-3300 was placed on PlanetBids and reached 30 contractors and one bid was received. Public Works staff has verified the bidder’s licenses and past performance/reference to the City’s satisfaction.
FISCAL IMPACT
The not to exceed contract amount of $350,000 over the three year term is budgeted in the Contract Services Sewer Repair Budget 25433003-721485.
STRATEGIC PLAN
Goal I: Maintain effective public safety and protection for life, property, and the environment.
B. Be prepared to protect life, property, and the environment in the event of catastrophic disasters and emergencies.
Prepared by: Lynn Glidden P.E., Director of Public Works Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curly, Interim City Attorney
ATTACHMENTS
1. Agreement No.8329
AGREEMENT NO. A-8329
CONTRACT FOR SERVICES
BETWEEN THE CITY OF PALMDALE AND MIKE PRLICH AND SONS, INC.
This CONTRACT for services (“Contract” herein) is made and entered into by and between the City of Palmdale, a public body corporate and politic, (hereinafter called “CITY”), and MIKE PRLICH AND SONS, INC., a CALIFORNIA CORPORATION , (hereinafter called “CONTRACTOR”). This Contract shall become effective on the date of the last signatory.
RECITALS
WHEREAS, CONTRACTOR represents that CONTRACTOR has the expertise and is qualified to perform the services described in this Contract.
NOW THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
1 CITY PROJECT MANAGER
To provide the services required by this Contract, CONTRACTOR shall act under the authority and approval of PUBLIC WORKS Director/designee, who shall oversee this Contract, the work performed by CONTRACTOR, assist CONTRACTOR with any necessary information, audit billings, and approve payments. The CONTRACTOR shall channel all contacts and requests through the City project manager. 2 DESCRIPTION OF WORK
2.1 CONTRACTOR shall provide the following services in a manner satisfactory to CITY:
The Scope of Work will include all labor, material, supervision, and equipment necessary to repair or replace damaged sewer pipelines and manholes utilizing open trench excavation, saw cutting, shoring, installation, backfill, compaction and compaction testing, paving, and all other work necessary to complete the repair.
Services may include but are not limited to:
• Sewer mainline remove and replace of sizes 8” – 18” and materials of VCP, ABS, DIP, and PVC at various depths.
• Manhole invert flow line repair or remove and replace. • Manhole frame and cover remove and replace (City to provide manhole ring & cover).
• Locate and raise manhole(s) to grade.
• Raise or lower manholes to grade.
• Manhole collar repair consisting of AC or concrete. 1-15Concord - Document ID: generated after first signature • Repair or remove and replace manhole bench. • All work to be inspected and approved by the City of Palmdale Public Works Inspection Department.
• Contractor to submit to the City for approval and furnish all equipment, material, and personnel to perform sewer bypass (i.e., set up/take down) and maintain the bypass throughout the entire duration of repairs. • Contractor must be able to conduct traffic control procedures at the job site in roadways and pedestrian walkways at the job site during all phases of work. This includes access to all traffic control devices and compliance per the California Manual on Uniform Traffic Control Devices (CA MUTCD).
• All work to be performed in a safe manner, using the appropriate personal protective equipment and in accordance with the City’s safety practices and CAL- OSHA standards.
• Submit, for approval and acceptance to the City, an Overflow Response Plan specific to the task and in accordance with the City’s Overflow Emergency Response Plan.
• Confined Space Entry Program is required. CCR Title 8, Sections 5156 & 5157. The contractor and technician(s) shall abide to all California and OSHA requirements. Bid Proposal shall contain proof of Confined Space Entry certification. (Exhibit Q - Confined Space Entry)
• Contractor is responsible for complete cleanup of the job site immediately upon completion, including but not limited to the removal of spoils, debris, trash, and unused materials leaving the job site in a broom–clean condition. • If the products or materials or the delivery fail in any respect to conform to the specifications stated in the purchase order contract, the CITY may (a) reject the whole, (b) accept the whole or (c) accept any commercial unit or units and reject the rest.
• Warranty. All equipment, materials, and/or products must be new. All materials and labor provided or installed by the Contractor shall be warranted for a minimum period of one year from the completion date of installation. • Failure to Meet Guarantees. Should the test of any material, apparatus, or equipment show that it does not meet the guarantees and requirements of the Specifications, the Contractor shall at once proceed to furnish such new parts as may be necessary to meet requirements. All expenses of furnishing and installing new parts, alteration to existing parts, and of tests made necessary by such failure to meet the guarantees and other requirements of the Specifications shall be borne by the Contractor.
2.2 CONTRACTOR shall have no claim for compensation for any services or work, which has not been authorized by CITY’s Authorization to Proceed.
2.3 CONTRACTOR shall not accept any change of scope, or change in contract provisions, to this Contract unless issued in writing, as a contract change order or amendment and signed by CITY. Any extensions of time must be mutually agreed upon in writing and executed by both parties.
2-15Concord - Document ID: generated after first signature
2.4 CONTRACTOR shall maintain in current status all Federal, State, and local licenses and permits required for the operation of the business conducted by the CONTRACTOR as applicable to this contract.
2.5 All work supplied under this Contract shall be fully guaranteed by CONTRACTOR for a minimum period of 365 days from the date of acceptance by CITY. Any defects of design, workmanship, or materials that would result in non- compliance with the Contract specifications shall be fully corrected by CONTRACTOR (including parts and labor) without cost to CITY. The written warranty shall be included with the delivered products to the using Department.
2.6 CITY shall provide to CONTRACTOR, without charge, all data, program information, including reports, records, maps, and other information, now in CITY’s possession, which may facilitate the timely performance of the work. 3 CONTRACTOR’S KEY PERSONNEL
3.1 Key Staff. CITY reserves the right to review and approve CONTRACTOR’S staff including all subcontractors to be assigned to any project by CONTRACTOR during the term of this Contract.
This Contract has been awarded to CONTRACTOR based partially on the key personnel proposed to perform the services required herein. CONTRACTOR shall not change nor substitute any of these key staff for work on this Contract without prior written approval by CITY.
CONTRACTOR’s Team and Key Personnel are as follows:
Michael Prlich – President – 626.813.1700
Lance Laven – PM – 626.826.9186
John Milosevich – Foreman – 213.761.0504
Javier Corona – Foreman – 213.330.6446
Milenko Eres – Foreman – 213.305.0419
Steven Newton – Foreman – 213.761.0503
Rene Maldonado – Foreman – 626.213.8899
This Services Contract has been awarded to CONTRACTOR based on its representation that those personnel and subcontractors submitted as part of its bid and listed above will perform the portions of the work listed above.
CONTRACTOR shall not deviate nor substitute any of these team members without prior written approval by CITY.
3.2 Subcontractors. During the performance of the Agreement, CONTRACTOR may engage such additional SUBCONTRACTORS as may be required for the timely completion of this Agreement. In the event of subcontracting, the sole responsibility for fulfillment of all terms and conditions of this Agreement rests with CONTRACTOR. 3-15Concord - Document ID: generated after first signature CONTRACTOR shall not enter into any Subcontract under this Contract for the performance of this Contract without the advance written approval of CITY. The subcontract shall incorporate by reference the terms and conditions of this Contract.
3.3 Direct Responsibility. All services required under this Contract shall be performed by CONTRACTOR, or under CONTRACTOR’s direct supervision, and all personnel shall possess the qualifications, permits and licenses required by State and local law to perform such services.
3.3.1 CONTRACTOR shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Contract, and compliance with all reasonable performance standards established by CITY.
3.3.2 CONTRACTOR shall be responsible for payment of all CONTRACTOR’s employees’ and subcontractor’s wages and benefits and shall comply with all requirements pertaining to the employer’s liability, workers’ compensation, unemployment insurance, and Social Security.
3.3.3 CONTRACTOR shall indemnify and hold harmless CITY, and its respective officers, agents and employees from and against all claims, demands, damages or costs arising from CONTRACTOR’s acts or omissions with respect to any liability, damages, claims, costs and expenses of any nature arising from alleged violations of personnel practices.
4 CONTRACT TERM
The term of this Contract is THREE (3) YEARS, commencing on the effective date, with CITY reserving the option to extend the agreement for 0 additional terms of one year each.
5 ACCEPTANCE AND DOCUMENTATION
Each task shall be reviewed and approved by the Contract Project Manager to determine acceptable completion.
5.1 Records. The CONTRACTOR shall retain and shall contractually require each SUBCONTRACTOR to retain all data and other “records” relating to the acquisition and performance of the Contract for a period of five years after the completion of the Contract.
5.2 Property of CITY. All materials, including reports, computer programs and other deliverables, supplied or created under this Contract are the sole property of CITY. CONTRACTOR is not entitled to a patent or copyright on those materials and may not transfer the patent or copyright to anyone else. CONTRACTOR shall not use or release these materials without the prior written consent of CITY. 4-15Concord - Document ID: generated after first signature
5.3 Products. All equipment, materials, parts, and other components incorporated in the work or services performed pursuant to this Contract shall be new, or the latest model and of the most suitable grade for the purpose intended. All work shall be performed in a skilled and workmanlike manner. 6 PRICE
CITY shall pay to CONTRACTOR an amount not to exceed THREE HUNDRED AND FIFTY THOUSAND dollars ($350000) for the completion of all the work and services described in Section 2, which sum shall include all costs or expenses incurred by CONTRACTOR, payable as follows:
5-15Concord - Document ID: generated after first signature
6.1 An application for payment form must be submitted to CITY which shall include the following: a clear, detailed invoice reflecting work being billed for, a summary sheet showing percentage of work completed to date, amount/percent billed to date and current status of all tasks within a project; any/all backup documentation supporting the above items. Work schedule updates must also be included with the payment requests.
6.2 CONTRACTOR shall maintain adequate records and shall permit inspection and audit by CITY of CONTRACTOR’s charges under this Contract. CONTRACTOR shall make such records available to CITY during normal business hours upon reasonable notice. Nothing herein shall convert such records into public records, and they will be available only to CITY and any specified public agencies. Such records shall be maintained by CONTRACTOR for one (1) year following completion of the work under this Contract unless a longer period of time is required by state or federal law, in which event CONTRACTOR shall retain its records for the time required by such laws.
6.3 Payment. A separate invoice shall be issued for each shipment of material or service performed, and no payment will be issued prior to receipt of material and/or completion of specified services and receipt of a correct invoice.
6-15Concord - Document ID: generated after first signature 7 TAXES
7.1 CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by CONTRACTOR in accordance with state and local laws.
7.2 CONTRACTOR is an independent contractor and shall have no power or authority to incur any debt, obligation, or liability on behalf of CITY. No person employed by CONTRACTOR or acting on its behalf, in connection with this Contract shall be considered the Agent or employee of CITY.
7.3 CONTRACTOR shall be required to obtain a current City of Palmdale business license, as required by the Palmdale Municipal Code, before an Authorization to Proceed is issued.
7.4 When equipment, materials or supplies generally taxable to CONTRACTOR are eligible for a tax exemption due to the nature of the work, CONTRACTOR shall assist the City in applying for and obtaining such tax credits and exemptions, which shall be paid or credited to the City.
8 PATENT FEES AND ROYALTIES
CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use, in the performance of the work or the incorporation in the work of any invention, design, process, program, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, program, product or device is specified in the contract documents for use in the performance of the work and if, to the actual knowledge of CITY, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by CITY in the contract documents.
CONTRACTOR shall indemnify and hold harmless CITY and anyone directly or indirectly employed by CITY from and against all claims, damages, losses and expenses (including attorneys' fees) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the work, or resulting from the incorporation in the work of any invention, design, process, program, product or device not specified in the contract documents, and shall defend all such claims in connection with any alleged infringement of such rights. 9 INDEMNIFICATION
To the fullest extent permitted by law, CONTRACTOR and any subcontractors working on its behalf agree to indemnify CITY, its officers, employees, agents and elected and appointed boards (hereinafter “Indemnified Parties”) for any loss, claim, demand, cause of action, cost, expense, damage, obligation or liability which arises out of or is in any way connected with the performance of any work under this agreement, including any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of CONTRACTOR, or its subcontractors, and regardless of any acts, omissions or negligence (whether active or passive) of any 7-15Concord - Document ID: generated after first signature person or entity indemnified hereunder. At their own expense, CONTRACTOR and, as applicable, any subcontractors working on its behalf, shall defend any suit, claim or action against the Indemnified Parties founded upon such loss, claim, demand, cause of action, cost, expense, damage, obligation or liability. CONTRACTOR shall ensure that the contract of any subcontractor working under this agreement contain an indemnity agreement, requiring the subcontractor to indemnify and defend the Indemnified Parties pursuant the terms set forth above. CONTRACTOR shall indemnify the Indemnified Parties, and save it harmless from any and all loss, damage, costs, expenses and attorney's fees suffered or incurred on account of any breach of the aforesaid obligations and covenants, and any other provision or covenant of this agreement.
10 INSURANCE
10.1 CONTRACTOR, at its expense, shall maintain in effect at all times during the performance of work under this Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers listed “A” or better in the Best’s Insurance Guide and authorized to do business in the State of California.
Proof of Insurance, as identified in Section 10.8, must be reviewed and accepted by the City Attorney.
10.1.1 Workers’ Compensation and Employer’s Liability
Workers’ Compensation -- coverage as required by the State of California Employer’s Liability -- $1,000,000.00 each accident $1,000,000.00 policy limit bodily injury
$1,000,000.00 each employee bodily injury by disease
10.1.2 Commercial General Liability
$5,000,000.00 limit on a per occurrence basis
$10,000,000.00 general aggregate limit
10.1.3 Commercial Automobile Liability
$5,000,000.00 combined single limit including owned, non-owned and hired automobile coverage
10.1.4 Pollution/Environmental Liability*
$5,000,000.00 limit on a per occurrence basis
10.1.5 Professional Liability (Errors & Omissions) Insurance* $2,000,000.00 limit on a per occurrence basis
10.2 All of CONTRACTOR’s policies shall contain an endorsement providing that written notice shall be given to CITY at least thirty (30) calendar days prior to termination, cancellation, or reduction of coverage in the policy.
10.3 Policies providing for bodily injury and property damage coverage shall contain the following:
8-15Concord - Document ID: generated after first signature A. An endorsement extending coverage to the City as an additional insured, as respects liability arising out of the performance of any work under the Contract.
Such insurance shall be primary insurance, as respects the interest of the City, and any other insurance maintained by the City shall be considered excess coverage and not contributing insurance with the insurance required hereunder. The certificates shall state: “The City of Palmdale, Successor Agency to the Community Redevelopment Agency of the City of Palmdale, Palmdale Civic Authority, Housing Authority, Industrial Development Authority, Airport Authority, their officers, agents, employees and volunteers are named as additional insured”.
B. “Severability of Interest” Clause.
10.4 Promptly upon execution of this Contract, and prior to commencement of any work, CONTRACTOR shall deliver to CITY certificates of insurance and endorsements to all required policies demonstrating that CONTRACTOR has the required coverage and showing the required named insured. Within five (5) days of written request from CITY, CONTRACTOR shall deliver to CITY full and complete copies of all insurance policies required by this Contract.
10.5 The requirements as to the types and limits of insurance to be maintained by CONTRACTOR are not intended to and shall not in any manner limit or qualify CONTRACTOR’s liabilities and obligations under this Contract.
10.6 Any policy or policies of insurance that CONTRACTOR elects to carry as insurance against loss or damage to its equipment and tools or other personal property used in the performance of this Contract shall include a provision waiving the insurer’s right of subrogation against CITY.
10.7 All insurance coverage must be maintained throughout the duration of this Contract.
10.8 Acceptable Proof of Insurance:
10.8.1 ACORD Certificate of Insurance listing all coverage, limits, deductibles and insured; and endorsements for all applicable coverage if agent has authority to issue it; or additional insured Form CG20100704 and CG20370704 or equivalent must be provided for general liability coverage. Additional insured form CA0001 must be provided for automobile liability coverage.
10.8.2 Binders of insurance for all coverage. Agents must confirm that policy endorsements have been ordered from the respective insurance companies. Upon issuance, policy endorsements and a corresponding Certificate of Insurance listing all insurers and coverage must be submitted to the City Attorney.
10.8.3 *When pollution/environmental and/or professional liability (E&O) coverage is provided on a “claims made basis”, CONTRACTOR will continue to renew the 9-15Concord - Document ID: generated after first signature insurance for a period of five (5) years after this Agreement expires or is terminated.
Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONTRACTOR, or its officers, employees or agents during the time this Agreement was in effect.
10.9 Notwithstanding any other provision of this Contract, CITY may immediately terminate this Contract if, at any time CONTRACTOR fails to maintain the required insurance for any period of time or fails to comply with any of the insurance requirements listed above.
10.10 CONTRACTOR shall require any and all subcontractors working on its behalf to provide insurance coverages and limits that are based on the scope of work and nature of risk being performed by the subcontractor. Any and all subcontractors working on behalf of CONTRACTOR shall be subject to all other insurance requirements that are stated herein.
Any deviation in this requirement will be CONTRACTOR's sole risk. CONTRACTOR's insurance requirements in Section 10 will not be impacted and/or limited by such deviation.
11 TERMINATION WITHOUT CAUSE
City reserves the right to terminate this Contract or any part thereof for its sole convenience with fifteen (15) days written notice. In the event of such termination, CONTRACTOR shall immediately stop all work hereunder, and shall immediately cause any of its suppliers and subcontractors to cease such work. CONTRACTOR shall also surrender to CITY all finished or unfinished documents, processes, programs and other supplies and materials, which shall be City’s property. As compensation in full for services performed to the date of such termination, the CONTRACTOR shall receive an amount equal to the value of the work completed as of the termination date in accordance with the fee schedule or as negotiated between the parties. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this Contract.
12 TERMINATION FOR CAUSE
If CITY determines that CONTRACTOR has failed to supply an adequate working force, or to provide services of proper quality, or has failed in any other respect to satisfactorily perform the services specified in this Contract, CITY shall give written notice to CONTRACTOR specifying all defaults to be remedied within thirty (30) days.
Such notice shall set forth the basis for CITY’s dissatisfaction and suggest corrective measures. If, after thirty days, CONTRACTOR has failed to implement appropriate corrective measures, CITY may elect to terminate this Contract in whole or in part. 10-15Concord - Document ID: generated after first signature
12.1 In the event CITY terminates this Contract, in whole or in part, for cause, CITY may procure, upon such terms and in such manner, as it may deem appropriate, services similar to those terminated.
12.2 CONTRACTOR shall provide all finished or unfinished documents, data, studies, software, drawings, programs, processes, maps, photographs, reports, etc., prepared by CONTRACTOR within fifteen (15) working days after notice of termination. Upon such termination, CONTRACTOR shall be paid an amount equal to the value of the services provided and work performed as of the date of termination, taking into consideration the costs associated with hiring another CONTRACTOR to complete the services. In ascertaining the value of the work performed up to the date of termination, consideration shall be given to both completed work and work in progress, to complete and incomplete documents when such are delivered to CITY, and to authorized reimbursement expenses. The above is in addition to any other remedies available by law or equity to CITY.
12.3 If, after notice of termination of the Contract under the provisions of this Section 12, it is determined, for any reason, that CONTRACTOR was not in default, or that the default was excusable, then the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Section 11. 13 DISPUTE RESOLUTION
All claims, disputes, and other matters in question between CITY and CONTRACTOR arising out of or relating to this Contract or the breach thereof shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties. 14 OWNERSHIP OF PRODUCT
All product, data, documents, programs and software including, but not limited to, research, field notes, investigations, analysis, studies, processes, software, instructions for use and other manuals, whether complete or incomplete, which are prepared or produced in the performance of this Contract are to be, and remain the property of CITY and shall be delivered to or left with CITY upon the completion or termination of this Agreement. CONTRACTOR shall furnish CITY, upon its request, originals and reproducible and electronic copies of product, data reports, studies and of all other documents listed above. Electronic copies shall be provided in an unprotected format which allows CITY to copy, reproduce and makes changes as CITY deems necessary.
15 DELEGATION AND ASSIGNMENT
15.1 CONTRACTOR shall not delegate or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of CITY; provided, however, that claims for money due or to become due to CONTRACTOR from CITY under this Contract may be assigned to a bank, trust company or other financial institution without such approval.
11-15Concord - Document ID: generated after first signature
15.2 Any assignment, delegation or subcontract shall be made in the name of CONTRACTOR and shall not bind or purport to bind CITY and shall not release CONTRACTOR from any obligations under this Contract including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegates and subcontractors. No such assignment, delegation or subcontract shall result in any increase in the amount of total compensation payable to CONTRACTOR under this Contract.
16 NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
16.1 In performance of this Contract, CONTRACTOR shall not discriminate against any employee, subcontractor, or applicant for employment because of sex, color, race, religion, ancestry, national origin, disability, medical condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sexual orientation, age, gender, gender identity, gender expression, genetic information, or military and veteran status.
CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their sex, color, race, religion, ancestry, national origin, disability, medical condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sexual orientation, age, gender, gender identity, gender expression, genetic information, or military and veteran status . Affirmative action relating to employment shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
16.2 The provisions of subsection 16.1 above shall be included in all solicitations or advertisements placed by or on behalf of CONTRACTOR for personnel to perform any services under this Contract. CITY shall have access to all documents, data and records of CONTRACTOR and its subcontractors for purposes of determining compliance with the equal employment opportunity and non-discrimination provisions of this Section, and all applicable provisions of Executive Order No. 11246 which is incorporated herein by this reference. A copy of Executive Order No. 11246 is available for inspection at, and on file with, the Palmdale City Clerk’s Office. 17 FINANCIAL INTEREST CERTIFICATION
17.1 CONTRACTOR warrants that no person has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee; and that no officer or employee of the CITY has any interest, financially or otherwise, in CONTRACTOR’s firm.
17.2 For breach or violation of this warranty, CITY shall have the right to annul this Contract without liability or at its discretion to deduct from the Contract Price or 12-15Concord - Document ID: generated after first signature consideration, the full amount of such commission, percentage, brokerage or contingent fee.
18 CONFLICT OF INTEREST
18.1 CONTRACTOR stipulates that its officers and employees do not now have a conflict of interest and it further agrees for itself, its officers and its employees that it will not contract for or accept employment for the performance of any work or services with any individual business, corporation or government unit that would create a conflict of interest in the performance of its obligations pursuant to this Contract or which would cause CONTRACTOR to be “financial interested” (as provided in California Government Code Section 1090 et seq. or 87100 et seq.) in any contract or decision made by CITY on any matter.
18.2 CONTRACTOR shall not employ any City official or employee to perform any work required pursuant to this Contract.
18.3 To the extent required by the City Manager or his designee, CONTRACTOR shall complete and file with the City Clerk a Form 700 Statement of Economic Interests disclosing any reportable property interests, income, gifts, investments, or business positions.
19 COMPLIANCE WITH LAW
19.1 CONTRACTOR shall comply with all state and federal laws, including but not limited to, the requirement to hire only those persons authorized by federal law to work in the United States. If CONTRACTOR uses any subcontractors to complete this Contract, this same requirement shall be included in all subcontracts and strictly enforced by CONTRACTOR.
19.2 The law of the state of California shall govern this Contract. The venue of any legal action, either formal or informal, shall be the County of Los Angeles. 20 NOTICES
Any notice required under this Contract shall be in writing, addressed to the appropriate party at its address on the signature page and given personally or by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt.
21 ENTIRE AGREEMENT AND AMENDMENTS
21.1 This Contract is the complete Agreement between the parties and supersedes all prior proposals, agreements, and understandings between the parties and may not be modified or terminated orally.
21.2 No attempted waiver of any of the provisions hereof, nor any modification in the nature, extent or duration of the work to be performed by CONTRACTOR 13-15Concord - Document ID: generated after first signature hereunder, shall be binding unless in writing and signed by the party against whom the same is sought to be enforced.
21.3 The failure of any party to enforce against another party any provision of this Contract shall not constitute a waiver of that party’s right to enforce such a provision at a later time, and shall not serve to vary the terms of this Contract. 22 ATTORNEY’S FEES
If any action at law or in equity is brought to enforce or interpret any provisions of this Contract, the prevailing party in such action shall be entitled to reasonable attorney’s fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.
In Witness Whereof, the parties hereto have caused this Contract to be executed and attested by their respective officers thereunto duly authorized.
CITY OF PALMDALE: MIKE PRLICH AND SONS, INC.:
Ronda Perez
City Manager
Mike Prlich
President
ADDRESS FOR NOTICE:
CITY OF PALMDALE
38300 Sierra Highway, Suite A
Palmdale, CA 93550
ADDRESS FOR NOTICE:
MIKE PRLICH AND SONS, INC.
2103 Elton Street
Baldwin Park, Ca 91706
APPROVE AS TO FORM:
William P. Curley, III
Interim City Attorney
ATTEST:
Roxanne Faber
Acting City Clerk
14-15Concord - Document ID: generated after first signature ---------------------------------------- INTERNAL USE ONLY ----------------------------------------
■Certificate(s) and Endorsement(s) attached
■Confirmed business name on contract with certificate(s) ■Attached Agreement Checklist and met all requirements
15-15Concord - Document ID: generated after first signature City Council Staff Report
DATE: JULY 12, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
CAPITAL IMPROVEMENT PROGRAM DIVISION
DISTRICT: 3
SUBJECT: AWARD CONSTRUCTION AGREEMENT WITH BLUE RIDGE
MECHANICAL FOR PN 804, THE OASIS GENERATOR
INFRASTRUCTURE PROJECT, IN THE AMOUNT OF $98,078.
ISSUE
Award construction agreement with Blue Ridge Mechanical for PN 804, The Oasis Generator Infrastructure Project, in the amount of $98,078.
RECOMMENDATION
Staff recommends that the City Council:
A. Award construction agreement with Blue Ridge Mechanical, for the Oasis Generator Infrastructure Project, PN 804, in the amount of $98,078.
B. Authorize the City Manager, or her designee, to execute Agreement No. A-7416 with Blue Ridge Mechanical, including non-substantive changes.
BACKGROUND
Project No. 804, Oasis Generator Infrastructure Project, will provide backup and emergency power to the Oasis Park Recreation B uilding through the infrastructure necessary to establish a connection to a city owned 250kV Generac Mobile Diesel Generator (Model MDG250DF4) . The building currently does not have any backup or emergency power and is subject to loss of service during a power-loss event or declared emergency.
DISCUSSION
Three (3) bids for this project w ere received on May 10, 2023, and are summarized as follows:
Bidder Location Amount
1. Blue Ridge Mechanical North Hills, CA $98,078
2. DTLA Electric, Inc. Palmdale, CA $120,375
3. Delta Electric, LLC. Santa Clarita, CA $126,587.50
Report to Mayor and City Council
Re: Award of PN 881, Agreement No. A-7416
July 12, 2023
FISCAL IMPACT
The project will be funded through State Grant funds (F0062241), and ARPA Funds (F0137158) with a total available balance of $183,266.29. The fiscal impact and remaining account balance can be seen in the following table:
Scope of Work Cost
Agreement No. A-7416 $98,078
Construction Contingency (5%) $4,904
Administration, Permit Fees, and Inspection $5,000
Labor Compliance $2,500
Total Cost: $110,482
Account
Number
Starting
Balance Remaining Balance
F0062241 $28,266.29 $-0-
F0137158 $155,000.00 $72,784.29
STRATEGIC PLAN
Goal I: Maintain effective public safety and protection for life, property, and the environment.
B. Be prepared to protect life, property, and the environment in the event of catastrophic disasters and emergencies.
Prepared by: Lynn Glidden, P.E., Director of Public Works Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, City Manager
Approved as to form: William Curley, Interim City Attorney
ATTACHMENTS
Draft Agreement No. A-7416
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AGREEMENT NO. A- 7416
CONSTRUCTION CONTRACT
BETWEEN THE CITY OF PALMDALE AND NAME OF CONTRACTOR
THIS CONTRACT (“Contract”) is made and entered into by and between City of Palmdale, a public entity ( "City"), and NAME OF CONTRACTOR, a ("Contractor").
Contractor and City are collectively referred to herein as the “parties.” This Contract shall become effective on the date of the last signatory. 1 Scope of Work
Contractor shall complete the Project in accordance with this Contract . Contractor shall furnish all materials and perform all work required for the completion of the following Project:
Oasis Generator Infrastructure Project - PN 804
Contractor shall furnish and Install the infrastructure necessary to establish a connection to a 250kV Generac Mobile Diesel Generator (Model MDG250DF4) per the contract drawings and documents. NOTE: Portable Generator not included in this scope of work.
2 Standard Specifications
Standard Specifications for City projects are those cont ained in the 2021 Greenbook edition of the "Standard Specifications for Public Works Construction" (the "Greenbook"). Except as otherwise expressly provided herein, the Standard Specifications shall control the general provisions, construction materials, a nd construction methods for this Contract (except as amended by the Plans for the Project), the General Specifications for the Project, the Special Provisions for the Project, any technical specifications for the Project, and any other contract documents.
3 Compensation
City shall pay Contractor the total, all-inclusive, NOT-TO-EXCEED amount of CONTRACT AMOUNT Dollars ($CONTRACT AMOUNT) for the construction of the Project. This amount shall cover all expenses for labor, materials, and any and all other costs incurred by Contractor to satisfactorily construct the Project. Unless otherwise provided in the bid documents or agreed upon by the parties, Contractor shall submit detailed, monthly invoices for work actually performed. 4 Completion Date
The construction of the Project shall commence upon Contractor being given a written notice to proceed, and shall be completed within 45 calendar days.
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5 Payment and Performance Bonds; Guaranty
Unless otherwise expressly provided in the bid documents, prior to commencing work, Contractor shall provide a payment bond and performance bond, each in an amount equal to 100% of the Contract price . The bond forms required to be executed are attached hereto and incorporated by reference herein. Pursuant to the bid documents for this Project, the Contractor is required to provide a written guaranty of Contractor’s work. In furtherance thereof, Contractor shall execute the written form of Guaranty attached hereto and incorporated by reference herein. 6 Licenses
At all times during the term of this Contract, Contractor shall possess a valid and current Class B Contractor's License [or Specialty Contractor License consisting of Class C-10 license] to perform the required work (“Work”). Contractor’s DIR registration number is . Contractor hereby certifies that it holds the required license(s).
7 Subcontracting
Subject to any self-performance requirements herein, Contractor may subcontract any portion of the work required by this Contract to other persons or firms, and Contractor submitted with its bid a list of those subcontractors who will perform work in an amount in excess of one-half of one percent (1%) of the Contractor’s total bid, in compliance with the Subletting and Subcontracting Fair Practices Act, California Public Contract Code § 4100, et seq. Only such listed subcontractors may perform on this Project.
8 Non-Assignability
Neither this Contract nor any rights, title, interest, duties or obligations under this Contract may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of City.
9 Administration
This Contract will be administered by the Public Works Department of the City. The Director of Public Works or his or her designee shall be considered the Project Administrator and shall have the authority to act for the City under this Contract. 10 Indemnification
To the maximum extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless the City, its Board of Director, the City's officers, employees, agents, volunteers, and representatives (“Indemnitees”) with respect to any and all claims, suits, actions, stop notices, liabilities and/or damages, including related expenses, attorney's fees and costs, based on, arising out of, or in any way related to DRAFT
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the work undertaken by Contractor pursuant to this Contract, and in connection with the Project.
11 Liability Insurance
11.1 Without limiting Contractor's indemnification of City, as described in paragraph 10, and unless modified by City, Contractor shall obtain, provide and maintain, at its own expense, during the term of this Contract, a policy or policies of insurance, satisfactory to the City, from insurance carriers admitted to do business in the State of California and rated in A.M. Best’s Insurance Guide with a rating of A:VII or better, which contain the coverage described below.
11.1.1 Commercial General Liability
− $2,000,000.00 limit on a per occurrence basis
− $5,000,000.00 general aggregate limit
11.1.2 Commercial Automobile Liability
− $2,000,000.00 combined single limit including owned, non-owned and hired automobile coverage
11.1.3 Workers’ Compensation and Employer’s Liability
− Workers’ Compensation -- coverage as required by the State of California − Employer’s Liability -- $1,000,000.00 each accident
$1,000,000.00 policy limit bodily injury
$1,000,000.00 each employee bodily injury by disease
11.2 Policies providing for bodily injury and property damage coverage shall contain the following:
A. An endorsement extending coverage to the City as an additional insured, as respects liability arising out of the performance of any work under the Contract.
Such insurance shall be primary insurance, as respects the interest of the City, and any other insurance maintained by the City shall be considered excess coverage and not contributing insurance with the insurance required hereunder.
The certificates shall state: “The City of Palmdale, Successor Agency to the Community Redevelopment Agency of the City of Palmdale, Palmdale Civic Authority, Housing Authority, Industrial Development Authority, Airport Authority, their officers, agents, employees and volunteers are named as additional insured”.
B. “Severability of Interest” Clause.
11.3 Promptly upon execution of this Contract, and prior to commencement of any work, CONTRACTOR shall deliver to CITY certificates of insurance and endorsements to all required policies demonstrating that CONTRACTOR has the required coverage and showing the required named insured. Within five (5) days of DRAFT
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written request from CITY, CONTRACTOR shall deliver to CITY full and complete copies of all insurance policies required by this Contract.
11.4 Said Certificates of Insurance shall provide that thirty (30) days’ prior written notice of cancellation shall be given to the City in the event of cancellation and/or reduction in coverage of any nature.
11.5 The required policies of insurance shall be endorsed to waive all rights of subrogation. Contractors waives all rights of subrogation.
11.6 Acceptable Proof of Insurance:
A. ACORD Certificate of Insurance listing all coverage, limits, deductibles and insured; and endorsements for all applicable coverage if agent has authority to issue it; or additional insured Form CG20100704 and CG20370704 or equivalent must be provided for general liability coverage. Additional insured form CA0001 must be provided for automobile liability coverage.
B. Binders of insurance for all coverage. Agents must confirm that policy endorsements have been ordered from the respective insurance companies.
Upon issuance, policy endorsements and a corresponding Certificate of Insurance listing all insurers and coverage must be submitted to the City Attorney.
11.7 The requirements as to the types and limits of insurance to be maintained by CONTRACTOR are not intended to and shall not in any manner limit or qualify CONTRACTOR’s liabilities and obligations under this Contract.
11.8 Any policy or policies of insurance that CONTRACTOR elects to carry as insurance against loss or damage to its equipment and tools or other personal property used in the performance of this Contract shall include a provision waiving the insurer’s right of subrogation against CITY.
11.9 Notwithstanding any other provision of this Contract, CITY may immediately terminate this Contract if, at any time CONTRACTOR fails to maintain the required insurance for any period of time or fails to comply with any of the insurance requirements listed above.
11.10 CONTRACTOR shall require any and all subcontractors working on its behalf to provide insurance coverages and limits that are based on the scope of work and nature of risk being performed by the subcontractor. Any and all subcontractors working on behalf of CONTRACTOR shall be subject to all other insurance requirements that are stated herein.
Any deviation in this requirement will be CONTRACTOR's sole risk. CONTRACTOR's insurance requirements in Section 11 will not be impacted and/or limited by such deviation.
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12 State Labor Code
12.1 This Contract calls for work to be performed constituting public works.
Contractor and all subcontractors shall pay the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Article 2 of Chapter 1 of Part 7, of Division 2 of the State Labor Code, including, but not limited to, Sections 1770, 1771, 1773, 1773.2 and 1774.
12.2 This is a public work and requires the payment of prevailing wages for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor pursuant to Section 1771 of the Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this contract from the Director of the Department of Industrial Relations. These rates are on file with the City or may be obtained at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.
Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, not more than $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of this Agreement.
12.3 Contractors and subcontractors who are ineligible to bid for work on, or be awarded, a public works project pursuant to Labor Code Sections 1777.1 and 1777.7 are prohibited from bidding on, being awarded, or performing work as a subcontractor, on this Project pursuant to Public Contract Code Section 6109.
12.4 Contractor's attention is directed to the provisions in Sections 1774, 1775, 1776, 1777.5 and 1777.6 of the Labor Code. Contractor shall comply with the provisions in these Sections. The statutory provisions for penalties for failure to comply with the State's wage and hours laws will be enforced. Pursuant to Section 1775 of the Labor Code, the Contractor and any subcontractors, shall, as a penalty to the City forfeit the prescribed amounts per calendar day, or portion thereof, for each worker paid less than the prevailing wage rates.
12.5 Pursuant to Labor Code Section 1771.4, the Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.
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12.6 Each Contractor and subcontractor shall furnish the records specified in Labor Code Section 1776 directly to the State Labor Commissioner at least monthly in the format prescribed by the State Labor Commissioner.
12.7 Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the Contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location.
12.8 Section 1777.5 of the Labor Code requires Contractor or subcontractor employing workers in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Contract. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions. Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Section 1777.6 of the Labor Code provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age.
12.9 Eight hours labor constitutes a legal day's work, as set forth in Labor Code Section 1810. The statutory provisions for penalties for failure to comply with the State's wage and hour laws will be enforced as set forth in Labor Code Section 1813. 13 Antitrust Claims
In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time the City tenders final payment to Contractor without further acknowledgment by the parties.
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14 Trenching and Excavations
Pursuant to Public Contract Code Section 7104, if the Project involves trenching more than four (4) feet deep, Contractor shall promptly and before the following conditions are disturbed notify the City in writing of any:
14.1 Material that Contractor believes may be material that is hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; and/or
14.2 Subsurface or latent physical conditions at the site differing from those indicated; and/or
14.3 Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.
14.4 As required by Labor Code Section 6705 and in addition thereto, whenever work under the Contract that involves an estimated expenditure in excess of twenty- five thousand dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit for acceptance by City in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation, of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a registered civil or structural engineer employed by Contractor, and all costs therefor shall be included in the price of the Contract. Nothing in this provision shall be deemed to allow the use of a shoring, sloping, or other protective system less effective than that required by the Construction Safety Orders. Nothing in this provision shall be construed to impose tort liability on the City or on any City officer, agent, consultant, representative, or employee. All plans, processing and shoring costs are Contractor’s responsibility and must be included in Contractor’s bid.
15 Location of Existing Elements
Pursuant to Government Code Sections 4216 to 4216.9, the methods used and costs involved to locate existing elements, points of connection and all construction methods are Contractor’s sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed. Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include, without limitation, contacting U.S.A. alert and other private underground locating firm(s), and/or utilizing potholes, specialized locating equipment and/or hand trenching.
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16 Third Party Claims
Pursuant to Public Contract Code Section 9201, the City has full authority to compromise or otherwise settle any claim relating to this Contract at any time. The City shall timely notify Contractor of the receipt of any third-party claim relating to the Contract. The City shall be entitled to recover its reasonable costs incurred in providing the notification required by Public Contract Code Section 9201(b). 17 Non-Collusion
Contractor hereby certifies that this bid is genuine and not a sham or collusive, or made in the interest or on behalf of any person or business not herein named. Contractor further certifies that Contractor has not directly or indirectly induced or solicited any other bidder to furnish a sham bid, or any other person or business to refrain from bidding, and Contractor has not in any manner sought by collusion to secure itself an advantage over any other bidder. Contractor also affirms that it has signed and submitted with its bid to the City a Non-collusion Declaration as required by Public Contract Code Section 7106.
18 Conflicts of Interest
Contractor agrees not to accept any employment or representation during the term of this Contract or within twelve (12) months after completion of the work under this Contract which is or may likely make Contractor “financially interested,” as provided in Government Code Section 1090 and 87100, in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Contract.
19 Audit
The City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its billings to the City as a condition precedent to any payment to Contractor. Contractor will promptly furnish documents requested by the City. Additionally, pursuant to Government Code Section 8546.7, if this Contract involves the expenditure of public funds in excess of ten thousand dollars ($10,000), Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under this Contract. 20 Substitute Security
Pursuant to Public Contract Code Section 22300, the substitution of securities for any moneys withheld by the City to ensure performance under a contract is permitted, except where financing will be provided by the Farmers Home Administration of the United States Department of Agriculture pursuant to the Consolidated Farm and Rural Development Act (7 U.S.C. Sec. 1921 et seq.) or where federal regulations or policies, or both, do not allow the substitution of securities. At the request and DRAFT
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expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in the State of California as the escrow agent, that shall then pay those moneys to Contractor. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor.
Alternatively, Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of Contractor. At the expense of Contractor, Contractor may direct the investment of the payments into securities, and Contractor shall receive the interest earned on the investments upon the same terms provided for securities deposited by Contractor. Upon satisfactory completion of the Contract, Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the City, pursuant to the terms of this section.
Securities eligible for investment shall include those listed in California Government Code Section 16430, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security to which Contractor and the City agree in writing. Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon.
If Contractor elects to receive interest on moneys withheld in retention by the City, it shall, at the request of any subcontractor performing more than five percent (5%) of Contractor’s total bid, make that option available to the subcontractor regarding any moneys withheld in retention by Contractor from the subcontractor. If Contractor elects to receive interest on any moneys withheld in retention by the City, then the subcontractor shall receive the identical rate of interest received by Contractor on any retention moneys withheld from the subcontractor by Contractor, less any actual pro rata costs associated with administering and calculating that interest. In the event that the interest rate is a fluctuating rate, the rate for the subcontractor shall be determined by calculating the interest rate paid during the time that retentions were withheld from the subcontractor. If Contractor elects to substitute securities in lieu of retention, then, by mutual consent of Contractor and its subcontractor, the subcontractor may substitute securities in exchange for the release of moneys held in retention by Contractor. No Contractor shall require any subcontractor to waive any provision of this paragraph.
The escrow agreement for security deposits in lieu of retention shall be substantially similar to the form provided in Public Contract Code Section 22300(f). 21 Claims Dispute Resolution
In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the DRAFT
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parties. The Disputed Work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters.
All claims arising out of or related to the Contract documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Section 9204 and Article 1.5 (as applicable), pursuant to the definition of “claim” as individually defined therein. 22 Non-discrimination and Equal Employment Opportunity
22.1 In performance of this Contract, CONTRACTOR shall not discriminate against any employee, subcontractor, or applicant for employment because of sex, color, race, religion, ancestry, national origin, disability, medical condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sexual orientation, age, gender, gender identity, gender expression, genetic information, or military and veteran status.
CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their sex, color, race, religion, ancestry, national origin, disability, medical condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sexual orientation, age, gender, gender identity, gender expression, genetic information, or military and veteran status . Affirmative action relating to employment shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
22.2 The provisions of subsection 16.1 above shall be included in all solicitations or advertisements placed by or on behalf of CONTRACTOR for personnel to perform any services under this Contract. CITY shall have access to all documents, data and records of CONTRACTOR and its subcontractors for purposes of determining compliance with the equal employment opportunity and non-discrimination provisions of this Section, and all applicable provisions of Executive Order No. 11246 which is incorporated herein by this reference. A copy of Executive Order No. 11246 is available for inspection at, and on file with, the Palmdale City Clerk’s Office.
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23 Integration
This Contract supersedes any and all agreements, either oral or written, between the parties hereto with respect to the construction of the Project by Contractor for City and contains all of the covenants and agreements between the parties with respect to the construction of the Project. Each party to this Contract acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made with regard to the construction of the Project by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise regarding work not contained in this Contract shall be valid or binding. Any modification or amendment of this Contract will be effective only if it is in writing and signed by the parties to this Contract. Any changes to the work required by this Contract will be by change order signed by the parties. 24 Governing Law
This Contract will be governed by and construed in accordance with the laws of the State of California without reference to change of venue laws. Any legal action in which enforcement of the terms and conditions of this Contract is requested, or in which it is alleged that a breach of this Contract has taken place, shall be filed and prosecuted in the County of Los Angeles, California.
25 Successors and Assigns
The terms and conditions of this Contract shall be binding on the successors and assigns of the parties to this Contract.
26 Exhibits
The exhibits and attachments referenced in this Contract are attached hereto and incorporated herein by this reference as though set forth in full in the Contract. 27 Authority to Sign
The person or persons executing this Contract on behalf of the Contractor warrant and represent that they have the authority to execute this Contract on behalf of the Contractor and have the authority to bind Contractor to the construction of the Project.
28 Time is of the Essence
Time is of the essence in every provision of this Agreement in which time to perform is a factor.
29 American Rescue Plan Funding
CONTRACTOR, understands, acknowledges, and agrees that the funding source for its work is from the American Rescue Plan, Coronavirus State and Local Fiscal Recovery Funds (collectively “ARPA”) and as such, CONTRACTOR is required to DRAFT
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comply with the regulations associated with ARPA funds pursuant to 31 CFR Part
35. Those regulations and reporting requirements are incorporated herein below. By executing this Contract, CONTRACTOR agrees to comply with all such regulations and reporting requirements and shall familiarize itself with those requirements.
29.1 CONTRACTOR agrees to be bound by the reporting requirements set out in the Regulations. This includes submitting quarterly reports by the 15th of the month following the end of each quarter to the Director of Finance. The reports must include, but is not limited to, the use of the funds, documentation/receipts of the funds spent, description of the project and status of completion of the project. The Director of Finance may require additional information of CONTRACTOR for compliance with ARPA Regulations.
29.2 CONTRACTOR, in the performance of this Contract and as a sub-recipient of ARPA funds, as well as all of its subcontractors, must comply with the following:
a. CONTRACTOR, and any and all of its subcontractors, must ensure that they do not deny benefits, services or otherwise discriminate on the basis of race, color, national origin (including limited English proficiency), disability, age, or sex (including sexual orientation and gender identity) in accordance with Title VI of the Civil Rights Act of 1964, Public Law 88-352, 42 U.S.C. 2000d-1 et seq., and the Department's implementing regulations, 31 CFR part 22; Section 504 of the Rehabilitation Act of 1973 (Section 504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C. 794; Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq., and the Department's implementing regulations, 31 CFR part 28; Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101 et seq., and the Department implementing regulations at 31 CFR part 23. CONTRACTOR will be required to submit data showing compliance with the above.
b. The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards found at 2 CFR Part 200 Appendix II. c. The Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251et seq.) and all applicable standards, orders or regulations.
d. The Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) regulations regarding restrictions on lobbying and required certificates.
e. Section 2 CFR 200.323 regarding Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (EPA guidelines at 40 CFR Part 247.
f. Section 200.322 of 2 CFR 200.322, Domestic preferences for procurements.
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In Witness Whereof, the parties hereto have caused this Contract to be executed and attested by their respective officers thereunto duly authorized.
CITY OF PALMDALE NAME OF CONTRACTOR
Ronda Perez Date
City Manager
NAME Date
TITLE
ADDRESS FOR NOTICE:
CITY OF PALMDALE
38250 Sierra Highway
Palmdale, CA 93550
ADDRESS FOR NOTICE:
NAME OF CONTRACTOR
ADDRESS
APPROVE AS TO FORM:
William P. Curley, III
Interim City Attorney
ATTEST:
Roxanne Faber
Acting City Clerk
ATTEST: If Corporation
Secretary
[Signatures of contractor must be notarized. Obtain two corporate signatures if contractor is a corporation.]
---------------------------------------- INTERNAL USE ONLY ----------------------------------------
□Certificate(s) and Endorsement(s) attached
□Confirmed business name on contract with certificate(s) □Attached notarized bond(s), Worker's Compensation Certificate, and Guaranty □Attached Agreement Checklist and met all requirements
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City Council Staff Report
DATE: JULY 12, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
CAPITAL IMPROVEMENT PROGRAM DIVISION
DISTRICT: 1
SUBJECT: AWARD CONSTRUCTION AGREEMENT WITH INTERIOR
DEMOLITION, INC. FOR PROJECT NO. 873, HAMMACK ACTIVITY
CENTER DEMOLTION PROJECT, IN THE AMOUNT OF $284,295
ISSUE
Award construction agreement with Interior Demolition , Inc. for PN 873, Hammack Activity Center Demolition Project., in the amount of $284,295.
RECOMMENDATION
Staff recommends that the City Council:
1. Award construction Agreement No. A -8187 with Interior Demolition Inc. for PN 873, Hammack Activity Center Demolition Project, in the amount of $284,295.
2. Authorize the City Manager or her designee to execute Agreement No. A-8187 with Interior Demolition, Inc. including minimal and/or non-substantive changes.
BACKGROUND
Project No. 873, Hammack Activity Center Demolition Project, includes abatement and demolition of an ±35,000 square foot building located at 815 E Avenue Q6, Palmdale CA. It is anticipated that abatement and demolition will take approximately 90 calendar days from the date the City issues the Notice to Proceed and is projecte d to occur between July 2023 through October 2023.
DISCUSSION
Seven (7) bids were received for this project on April 19, 2023 , and are summarized below:
BIDDER LOCATION AMOUNT
1. Interior Demolition, Inc. $284,295.00
2. Resource Environmental, Inc. $499,000.00
3. Planet Green Environmental $592,800.00
Report to Mayor and City Council
Re: Award of PN 873, Agreement No. A-8187
July 12, 2023
4. Integrated Demolition and
Remediation, Inc.
$625,000.00
5. AMPCO Contracting, Inc. $841,808.39
6. J&G Industries, Inc. $950,693.00
7. Silverado Contractors, Inc. $973,000.00
The project was released for public bid electronically on March 23rd, 2023. Forty-seven (47) vendors registered with this project as prospective bidders and downloaded the bid documents for review. The prospective bidders included twenty-seven (27) vendors classified as prime contractors, nine (9) as subcontractors, and eleven (11) classified as other. Of these prospective bidders fourteen (14) were present onsite for the pre-bid meeting.
References have been checked and staff recommend that the City Council award Project No. 873 to the lowest bidder, Interior Demolition, Inc., in the amount of $284,295.
BID PROTEST
The 2nd lowest bidder, Resource Environmental, Inc. has submitted a formal bid protest.
City staff reviewed and provided the bid protest to Interior Demolition, Inc. for a formal response. The response from Interior Demolition, Inc. was provided to the City Attorney for review. This review determined that the response document was persuasive as to rebutting the factual claims of failure in the bid response. Resource Environmental, Inc. does not agree with these findings and will present their case.
FISCAL IMPACT
The project will be funded through ARPA Funds (158), which have been allocated in Account No. F0156. The account has a current available balance of $734,950. The fiscal impact and remaining account balance can be seen in the following table:
SCOPE OF WORK COST
PN 873 Hammack Activity Center Demolition Project $284,295.00 Construction Contingency (10%) $28,429.50
Administration and Inspection $12,300
Labor Compliance $8,000
Total Cost: $332,844.50
Account Number Starting Balance Remaining Balance
F0156 $734,950 $402,105.50
Report to Mayor and City Council
Re: Award of PN 873, Agreement No. A-8187
July 12, 2023
STRATEGIC PLAN
Goal III: Invest in infrastructure to improve community livability.
C. Plan and maintain safe and attractive neighborhoods,streets,facilities,and public spaces with exciting programming that promotes active fun for everyone.
Prepared by: Lynn Glidden, P.E., Director of Public Works Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley III, Interim City Attorney
ATTACHMENTS
Draft Agreement
Site Plan
AGREEMENT NO. A- 8187
CONSTRUCTION CONTRACT
BETWEEN THE CITY OF PALMDALE AND {NAME OF CONTRACTOR}
THIS CONTRACT (“Contract”) is made and entered into this day of , by and between City of Palmdale, a public entity ("City"), and {NAME OF CONTRACTOR}, a ("Contractor"). Contractor and City are collectively referred to herein as the “parties.”
1 Scope of Work
Contractor shall complete the Project in accordance with this Contract. Contractor shall furnish all materials and perform all work required for the completion of the following Project:
City of Palmdale Project No. 873 - Hammack Activity Center Demolition Project Contractor shall provide for the abatement and demolition of a ±35,000 square foot building located at 815 E Avenue Q6, Palmdale CA, 93550.
The work may consist of, but is not necessarily limited to the following:
- Asbestos and lead based paint abatement
- Demolition of the building and all associated materials. - Removal of all utilities and capping at the property line as applicable (Water/Sewer/Electrical/Phone/Cable, etc.)
- Coordination with local utility agencies during cap and removal process - Protection in place of existing surroundings.
2 Standard Specifications
Standard Specifications for City projects are those contained in the 2021 Greenbook edition of the "Standard Specifications for Public Works Construction" (the "Greenbook"). Except as otherwise expressly provided herein, the Standard Specifications shall control the general provisions, construction materials, and construction methods for this Contract (except as amended by the Plans for the Project), the General Specifications for the Project, the Special Provisions for the Project, any technical specifications for the Project, and any other contract documents.
3 Compensation
City shall pay Contractor the total, all-inclusive, NOT-TO-EXCEED amount of {CONTRACT AMOUNT} Dollars ($) for the construction of the Project. This amount shall cover all expenses for labor, materials, and any and all other costs incurred by Contractor to satisfactorily construct the Project. Unless otherwise provided in the bid 1-21Concord - Document ID: generated after first signature documents or agreed upon by the parties, Contractor shall submit detailed, monthly invoices for work actually performed.
4 Completion Date
The construction of the Project shall commence upon Contractor being given a written notice to proceed, and shall be completed within 180 calendar days.
5 Payment and Performance Bonds; Guaranty
Unless otherwise expressly provided in the bid documents, prior to commencing work, Contractor shall provide a payment bond and performance bond, each in an amount equal to 100% of the Contract price. The bond forms required to be executed are attached hereto and incorporated by reference herein. Pursuant to the bid documents for this Project, the Contractor is required to provide a written guaranty of Contractor’s work. In furtherance thereof, Contractor shall execute the written form of Guaranty attached hereto and incorporated by reference herein.
6 Licenses
At all times during the term of this Contract, Contractor shall possess a valid and current Class C-21 Contractor's License to perform the required work (“Work”). Contractor’s DIR registration number is . Contractor hereby certifies that it holds the required license(s).
7 Subcontracting
Subject to any self-performance requirements herein, Contractor may subcontract any portion of the work required by this Contract to other persons or firms, and Contractor submitted with its bid a list of those subcontractors who will perform work in an amount in excess of one-half of one percent (1%) of the Contractor’s total bid, in compliance with the Subletting and Subcontracting Fair Practices Act, California Public Contract Code § 4100, et seq. Only such listed subcontractors may perform on this Project.
8 Non-Assignability
Neither this Contract nor any rights, title, interest, duties or obligations under this Contract may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of City.
9 Administration
2-21Concord - Document ID: generated after first signature This Contract will be administered by the Public Works Department of the City. The Director of Public Works or his or her designee shall be considered the Project Administrator and shall have the authority to act for the City under this Contract.
10 Indemnification
To the maximum extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless the City, its Board of Director, the City's officers, employees, agents, volunteers, and representatives (“Indemnitees”) with respect to any and all claims, suits, actions, stop notices, liabilities and/or damages, including related expenses, attorney's fees and costs, based on, arising out of, or in any way related to the work undertaken by Contractor pursuant to this Contract, and in connection with the Project.
11 Liability Insurance
11.1 Without limiting Contractor's indemnification of City, as described in paragraph 10, and unless modified by City, Contractor shall obtain, provide and maintain, at its own expense, during the term of this Contract, a policy or policies of insurance, satisfactory to the City, from insurance carriers admitted to do business in the State of California and rated in A.M. Best’s Insurance Guide with a rating of A:VII or better, which contain the coverage described below.
11.1.1 Commercial General Liability
$10,000,000.00 limit on a per occurrence basis
$10,000,000.00 general aggregate limit
11.1.2 Commercial Automobile Liability
$10,000,000.00 combined single limit including owned, non-owned and hired automobile coverage
11.1.3 Workers’ Compensation and Employer’s Liability
Workers’ Compensation -- coverage as required by the State of California Employer’s Liability -- $1,000,000.00 each accident
$1,000,000.00 policy limit bodily injury
$1,000,000.00 each employee bodily injury by disease
11.1.4 Pollution/Environmental Liability*
$10,000,000.00 limit on a per occurrence basis
11.2 Policies providing for bodily injury and property damage coverage shall contain the following:
A. An endorsement extending coverage to the City as an additional insured, as respects liability arising out of the performance of any work under the Contract.
Such insurance shall be primary insurance, as respects the interest of the City, and any other insurance maintained by the City shall be considered excess 3-21Concord - Document ID: generated after first signature coverage and not contributing insurance with the insurance required hereunder.
The certificates shall state: “The City of Palmdale, Successor Agency to the Community Redevelopment Agency of the City of Palmdale, Palmdale Civic Authority, Housing Authority, Industrial Development Authority, Airport Authority, their officers, agents, employees and volunteers are named as additional insured”.
B. “Severability of Interest” Clause.
11.3 Promptly upon execution of this Contract, and prior to commencement of any work, CONTRACTOR shall deliver to CITY certificates of insurance and endorsements to all required policies demonstrating that CONTRACTOR has the required coverage and showing the required named insured. Within five (5) days of written request from CITY, CONTRACTOR shall deliver to CITY full and complete copies of all insurance policies required by this Contract.
11.4 Said Certificates of Insurance shall provide that thirty (30) days’ prior written notice of cancellation shall be given to the City in the event of cancellation and/or reduction in coverage of any nature.
11.5 The required policies of insurance shall be endorsed to waive all rights of subrogation. Contractors waives all rights of subrogation.
11.6 Acceptable Proof of Insurance:
A. ACORD Certificate of Insurance listing all coverage, limits, deductibles and insured; and endorsements for all applicable coverage if agent has authority to issue it; or additional insured Form CG20100704 and CG20370704 or equivalent must be provided for general liability coverage. Additional insured form CA0001 must be provided for automobile liability coverage.
B. Binders of insurance for all coverage. Agents must confirm that policy endorsements have been ordered from the respective insurance companies.
Upon issuance, policy endorsements and a corresponding Certificate of Insurance listing all insurers and coverage must be submitted to the City Attorney.
C. *When pollution/environmental liability coverage is provided on a “claims made basis”, CONTRACTOR will continue to renew the insurance for a period of five (5) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONTRACTOR, or its officers, employees, or agents during the time this Agreement was in effect.
11.7 The requirements as to the types and limits of insurance to be maintained by CONTRACTOR are not intended to and shall not in any manner limit or qualify CONTRACTOR’s liabilities and obligations under this Contract. 4-21Concord - Document ID: generated after first signature
11.8 Any policy or policies of insurance that CONTRACTOR elects to carry as insurance against loss or damage to its equipment and tools or other personal property used in the performance of this Contract shall include a provision waiving the insurer’s right of subrogation against CITY.
11.9 Notwithstanding any other provision of this Contract, CITY may immediately terminate this Contract if, at any time CONTRACTOR fails to maintain the required insurance for any period of time or fails to comply with any of the insurance requirements listed above.
11.10 CONTRACTOR shall require any and all subcontractors working on its behalf to provide insurance coverages and limits that are based on the scope of work and nature of risk being performed by the subcontractor. Any and all subcontractors working on behalf of CONTRACTOR shall be subject to all other insurance requirements that are stated herein.
Any deviation in this requirement will be CONTRACTOR's sole risk. CONTRACTOR's insurance requirements in Section 11 will not be impacted and/or limited by such deviation.
12 State Labor Code
12.1 This Contract calls for work to be performed constituting public works.
Contractor and all subcontractors shall pay the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Article 2 of Chapter 1 of Part 7, of Division 2 of the State Labor Code, including, but not limited to, Sections 1770, 1771, 1773, 1773.2 and 1774.
12.2 This is a public work and requires the payment of prevailing wages for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor pursuant to Section 1771 of the Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this contract from the Director of the Department of Industrial Relations. These rates are on file with the City or may be obtained at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.
Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, not more than $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated 5-21Concord - Document ID: generated after first signature prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of this Agreement.
12.3 Contractors and subcontractors who are ineligible to bid for work on, or be awarded, a public works project pursuant to Labor Code Sections 1777.1 and 1777.7 are prohibited from bidding on, being awarded, or performing work as a subcontractor, on this Project pursuant to Public Contract Code Section 6109.
12.4 Contractor's attention is directed to the provisions in Sections 1774, 1775, 1776, 1777.5 and 1777.6 of the Labor Code. Contractor shall comply with the provisions in these Sections. The statutory provisions for penalties for failure to comply with the State's wage and hours laws will be enforced. Pursuant to Section 1775 of the Labor Code, the Contractor and any subcontractors, shall, as a penalty to the City forfeit the prescribed amounts per calendar day, or portion thereof, for each worker paid less than the prevailing wage rates.
12.5 Pursuant to Labor Code Section 1771.4, the Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.
12.6 Each Contractor and subcontractor shall furnish the records specified in Labor Code Section 1776 directly to the State Labor Commissioner at least monthly in the format prescribed by the State Labor Commissioner.
12.7 Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the Contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location.
12.8 Section 1777.5 of the Labor Code requires Contractor or subcontractor employing workers in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Contract. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions. Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Section 1777.6 of the Labor Code provides 6-21Concord - Document ID: generated after first signature that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age.
12.9 Eight hours labor constitutes a legal day's work, as set forth in Labor Code Section 1810. The statutory provisions for penalties for failure to comply with the State's wage and hour laws will be enforced as set forth in Labor Code Section 1813. 13 Antitrust Claims
In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time the City tenders final payment to Contractor without further acknowledgment by the parties.
14 Trenching and Excavations
Pursuant to Public Contract Code Section 7104, if the Project involves trenching more than four (4) feet deep, Contractor shall promptly and before the following conditions are disturbed notify the City in writing of any:
14.1 Material that Contractor believes may be material that is hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; and/or
14.2 Subsurface or latent physical conditions at the site differing from those indicated; and/or
14.3 Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.
14.4 As required by Labor Code Section 6705 and in addition thereto, whenever work under the Contract that involves an estimated expenditure in excess of twenty- five thousand dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit for acceptance by City in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation, of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of 7-21Concord - Document ID: generated after first signature Industrial Safety, the plan shall be prepared by a registered civil or structural engineer employed by Contractor, and all costs therefor shall be included in the price of the Contract. Nothing in this provision shall be deemed to allow the use of a shoring, sloping, or other protective system less effective than that required by the Construction Safety Orders. Nothing in this provision shall be construed to impose tort liability on the City or on any City officer, agent, consultant, representative, or employee. All plans, processing and shoring costs are Contractor’s responsibility and must be included in Contractor’s bid.
15 Location of Existing Elements
Pursuant to Government Code Sections 4216 to 4216.9, the methods used and costs involved to locate existing elements, points of connection and all construction methods are Contractor’s sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed. Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include, without limitation, contacting U.S.A. alert and other private underground locating firm(s), and/or utilizing potholes, specialized locating equipment and/or hand trenching.
16 Third Party Claims
Pursuant to Public Contract Code Section 9201, the City has full authority to compromise or otherwise settle any claim relating to this Contract at any time. The City shall timely notify Contractor of the receipt of any third-party claim relating to the Contract. The City shall be entitled to recover its reasonable costs incurred in providing the notification required by Public Contract Code Section 9201(b). 17 Non-Collusion
Contractor hereby certifies that this bid is genuine and not a sham or collusive, or made in the interest or on behalf of any person or business not herein named. Contractor further certifies that Contractor has not directly or indirectly induced or solicited any other bidder to furnish a sham bid, or any other person or business to refrain from bidding, and Contractor has not in any manner sought by collusion to secure itself an advantage over any other bidder. Contractor also affirms that it has signed and submitted with its bid to the City a Non-collusion Declaration as required by Public Contract Code Section 7106.
18 Conflicts of Interest
Contractor agrees not to accept any employment or representation during the term of this Contract or within twelve (12) months after completion of the work under this Contract which is or may likely make Contractor “financially interested,” as provided in Government Code Section 1090 and 87100, in any decisions made by City on any 8-21Concord - Document ID: generated after first signature matter in connection with which Contractor has been retained pursuant to this Contract.
19 Audit
The City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its billings to the City as a condition precedent to any payment to Contractor. Contractor will promptly furnish documents requested by the City. Additionally, pursuant to Government Code Section 8546.7, if this Contract involves the expenditure of public funds in excess of ten thousand dollars ($10,000), Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under this Contract. 20 Substitute Security
Pursuant to Public Contract Code Section 22300, the substitution of securities for any moneys withheld by the City to ensure performance under a contract is permitted, except where financing will be provided by the Farmers Home Administration of the United States Department of Agriculture pursuant to the Consolidated Farm and Rural Development Act (7 U.S.C. Sec. 1921 et seq.) or where federal regulations or policies, or both, do not allow the substitution of securities. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in the State of California as the escrow agent, that shall then pay those moneys to Contractor. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor.
Alternatively, Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of Contractor. At the expense of Contractor, Contractor may direct the investment of the payments into securities, and Contractor shall receive the interest earned on the investments upon the same terms provided for securities deposited by Contractor. Upon satisfactory completion of the Contract, Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the City, pursuant to the terms of this section.
Securities eligible for investment shall include those listed in California Government Code Section 16430, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security to which Contractor and the City agree in writing. Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon.
If Contractor elects to receive interest on moneys withheld in retention by the City, it shall, at the request of any subcontractor performing more than five percent (5%) of Contractor’s total bid, make that option available to the subcontractor regarding any 9-21Concord - Document ID: generated after first signature moneys withheld in retention by Contractor from the subcontractor. If Contractor elects to receive interest on any moneys withheld in retention by the City, then the subcontractor shall receive the identical rate of interest received by Contractor on any retention moneys withheld from the subcontractor by Contractor, less any actual pro rata costs associated with administering and calculating that interest. In the event that the interest rate is a fluctuating rate, the rate for the subcontractor shall be determined by calculating the interest rate paid during the time that retentions were withheld from the subcontractor. If Contractor elects to substitute securities in lieu of retention, then, by mutual consent of Contractor and its subcontractor, the subcontractor may substitute securities in exchange for the release of moneys held in retention by Contractor. No Contractor shall require any subcontractor to waive any provision of this paragraph.
The escrow agreement for security deposits in lieu of retention shall be substantially similar to the form provided in Public Contract Code Section 22300(f). 21 Claims Dispute Resolution
In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters.
All claims arising out of or related to the Contract documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Section 9204 and Article 1.5 (as applicable), pursuant to the definition of “claim” as individually defined therein. 22 Non-discrimination and Equal Employment Oppurtunity
22.1 In performance of this Contract, CONTRACTOR shall not discriminate against any employee, subcontractor, or applicant for employment because of sex, color, race, religion, ancestry, national origin, disability, medical condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sexual orientation, age, gender, gender identity, 10-21Concord - Document ID: generated after first signature gender expression, genetic information, or military and veteran status.
CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their sex, color, race, religion, ancestry, national origin, disability, medical condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sexual orientation, age, gender, gender identity, gender expression, genetic information, or military and veteran status . Affirmative action relating to employment shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
22.2 The provisions of subsection 16.1 above shall be included in all solicitations or advertisements placed by or on behalf of CONTRACTOR for personnel to perform any services under this Contract. CITY shall have access to all documents, data and records of CONTRACTOR and its subcontractors for purposes of determining compliance with the equal employment opportunity and non-discrimination provisions of this Section, and all applicable provisions of Executive Order No. 11246 which is incorporated herein by this reference. A copy of Executive Order No. 11246 is available for inspection at, and on file with, the Palmdale City Clerk’s Office. 23 Integration
This Contract supersedes any and all agreements, either oral or written, between the parties hereto with respect to the construction of the Project by Contractor for City and contains all of the covenants and agreements between the parties with respect to the construction of the Project. Each party to this Contract acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made with regard to the construction of the Project by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise regarding work not contained in this Contract shall be valid or binding. Any modification or amendment of this Contract will be effective only if it is in writing and signed by the parties to this Contract. Any changes to the work required by this Contract will be by change order signed by the parties. 24 Governing Law
This Contract will be governed by and construed in accordance with the laws of the State of California without reference to change of venue laws. Any legal action in which enforcement of the terms and conditions of this Contract is requested, or in which it is alleged that a breach of this Contract has taken place, shall be filed and prosecuted in the County of Los Angeles, California.
25 Successors and Assigns
11-21Concord - Document ID: generated after first signature The terms and conditions of this Contract shall be binding on the successors and assigns of the parties to this Contract.
26 Exhibits
The exhibits and attachments referenced in this Contract are attached hereto and incorporated herein by this reference as though set forth in full in the Contract. 27 Authority to Sign
The person or persons executing this Contract on behalf of the Contractor warrant and represent that they have the authority to execute this Contract on behalf of the Contractor and have the authority to bind Contractor to the construction of the Project.
28 Time is of the Essence
Time is of the essence in every provision of this Agreement in which time to perform is a factor.
29 American Rescue Plan Funding
CONTRACTOR, understands, acknowledges, and agrees that the funding source for its work is from the American Rescue Plan, Coronavirus State and Local Fiscal Recovery Funds (collectively “ARPA”) and as such, CONTRACTOR is required to comply with the regulations associated with ARPA funds pursuant to 31 CFR Part
35. Those regulations and reporting requirements are incorporated herein below. By executing this Contract, CONTRACTOR agrees to comply with all such regulations and reporting requirements and shall familiarize itself with those requirements.
29.1 CONTRACTOR agrees to be bound by the reporting requirements set out in the Regulations. This includes submitting quarterly reports by the 15th of the month following the end of each quarter to the Director of Finance. The reports must include, but is not limited to, the use of the funds, documentation/receipts of the funds spent, description of the project and status of completion of the project. The Director of Finance may require additional information of CONTRACTOR for compliance with ARPA Regulations.
29.2 CONTRACTOR, in the performance of this Contract and as a sub-receipient of ARPA funds, as well as all of its subcontractors, must comply with the following:
a. CONTRACTOR, and any and all of its subcontractors, must ensure that they do not deny benefits, services or otherwise discriminate on the basis of race, color, national origin (including limited English proficiency), disability, age, or sex (including sexual orientation and gender identity) in accordance with Title VI of the Civil Rights Act of 1964, Public Law 88-352, 42 U.S.C. 2000d-1 et seq., and the Department's implementing regulations, 31 CFR part 22; Section 504 of the Rehabilitation Act of 1973 (Section 504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C. 794; Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq., and the Department's 12-21Concord - Document ID: generated after first signature implementing regulations, 31 CFR part 28; Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101 et seq., and the Department implementing regulations at 31 CFR part 23. CONTRACTOR will be required to submit data showing compliance with the above.
b. The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards found at 2 CFR Part 200 Appendix II. c. The Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251et seq.) and all applicable standards, orders or regulations.
d. The Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) regulations regarding restrictions on lobbying and required certificates.
e. Section 2 CFR 200.323 regarding Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (EPA guidelines at 40 CFR Part 247.
f. Section 200.322 of 2 CFR 200.322, Domestic preferences for procurements.
In Witness Whereof,
the parties hereto have caused this Contract to be executed and attested by their respective officers thereunto duly authorized.
CITY OF PALMDALE
NAME OF CONTRACTOR
Ronda Perez
Date
Interim City Manager
{NAME}
Date
{TITLE}
ADDRESS FOR NOTICE:
CITY OF PALMDALE
38250 Sierra Highway
Palmdale, CA 93550
ADDRESS FOR NOTICE:
{NAME OF CONTRACTOR}
{ADDRESS}
APPROVE AS TO FORM:
Roxanne Faber
Acting City Clerk
ATTEST: If Corporation
Secretary
13-21
Concord - Document ID: generated after first signature
William P. Curley III
Interim City Attorney
ATTEST:
[Signatures of contractor must be notarized. Obtain two corporate signatures if contractor is a corporation.]
14-21Concord - Document ID: generated after first signature
FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, CITY OF PALMDALE (hereinafter referred to as the “CITY”), awarded to {NAME OF CONTRACTOR}, hereinafter referred to as the “Contractor/Principal” a contract for the work described as demolition services in the amount of (“Penal Sum”);
WHEREAS, said Contractor/Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract which contract is incorporated herein by reference;
NOW, THEREFORE, we, the undersigned Contractor, as Principal, and , as Surety, a California admitted surety insurer, are held and firmly bound unto the CITY for one hundred percent (100%) of the total amount payable by the CITY under the terms of the contract awarded by CITY to the Contractor/Principal, lawful money of the United States of America for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said
Contractor/Principal, its heirs, executors, administrators, successors, or assigns, or a subcontractor, shall in all things stand to and abide by and well and truly keep and perform all the undertakings, terms, covenants, conditions, and agreements in the said contract which is attached hereto and incorporated herein by reference and any alteration and/or amendments thereof, made as therein provided, including, but not limited to, the provisions regarding contract duration and liquidated damages, all within the time and in the manner therein designated in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the contract, the above obligation shall hold good for a period of one (1) year(s) after the acceptance of the work by CITY, during which time if Contractor/Principal shall fail to make full, complete, and satisfactory repair and replacements and totally protect the CITY from loss or damage made evident during the period of one (1) year(s) from the date of completion of the work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect. The obligation of Surety hereunder shall continue so long as any obligation of Contractor remains.
Whenever Contractor/Principal shall be, and is declared by the CITY to be, in default under the contract, the CITY having performed the CITY’s obligations 15-21Concord - Document ID: generated after first signature thereunder, the Surety shall promptly remedy the default in a manner mutually agreeable to both CITY and SURETY:
1. SURETY’s takeover of the performance obligations to complete the contract by entering into an agreement with a completion contractor with terms and conditions consistent with the original contract between CITY and Contractor ; or
2. SURETY shall obtain a bid or bids for completing the contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, prepare a contract between such bidder and the CITY (to the CITY’s satisfaction), and make available as work progresses sufficient funds to pay the cost of completion less the balance of the contract price, but not exceeding, including other costs and damages for which Surety may be liable hereunder, the Penal Sum.
The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor/Principal by the CITY under the contract and any modifications thereto, less the amount previously properly paid by the CITY to the Contractor/Principal.
Surety expressly agrees that the CITY may reject any contractor or subcontractor, which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal. Surety shall not utilize Contractor/Principal in completing the contract nor shall Surety accept a bid from Contractor/Principal for completion of the work if the CITY, when declaring the Contractor/Principal in default, notifies Surety of the CITY’s objection to Contractor’s/Principal’s further participation in the completion of the work.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the CITY named herein or the successors or assigns of the CITY.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the Project documents, or of the work to be performed thereunder, shall in any way affect its obligations on this bond; and it does hereby waive notice of any change, extension of time, alteration or modification of the Project documents or of work to be performed thereunder.
The prevailing party on any dispute (whether legal, equitable, or otherwise) regarding the interpretation, enforcement, and respective rights and obligations under this Performance Bond shall be entitled to recovery of reasonable attorney’s fees and costs (including but not limited to consultant’s and/or expert fees and costs).
IN WITNESS HEREOF, we have hereto set our hands and seals on this day of , .
{NAME OF CONTRACTOR}
16-21Concord - Document ID: generated after first signature Contractor/Principal
By: ______________________________
Signature
__________________________________
Print Name and Title
By: ______________________________
Signature
__________________________________
Print Name and Title
___________________________________
Surety
By: ________________________________
Signature
____________________________________
Print Name and Title
(Mailing Address, Telephone and Facsimile No. of Surety)
(Attach the Attorney-in-Fact Certificate for Surety. Attach notarial acknowledgements for signatures of both Contractor/Principal and Surety.) The date of this bond shall not be prior to the Contract date.
17-21Concord - Document ID: generated after first signature Bond No.
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS City of Palmdale (“Public Agency”), State of California, has awarded to {NAME OF CONTRACTOR} {ADDRESS OF CONTRACTOR} (“Principal”) a contract (the “Contract”) for the Work described as follows: Hammack Activity Center Demolition Project
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the Public Agency to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and {NAME AND ADDRESS OF SURETY} (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of:
Dollars ($), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Public Agency in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. 18-21Concord - Document ID: generated after first signature The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
"Principal"
{NAME OF CONTRACTOR}
By: _______________________
Its
By: _______________________
Its
(Seal)
"Surety"
______________________
______________________
By: __________________________
Its
By: __________________________
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
19-21Concord - Document ID: generated after first signature WORKERS’ COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, and all amendments thereto, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the City of Palmdale prior to performing any work on the contract:
“I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker’s 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 work of this contract.”
{NAME OF CONTRACTOR}
Contractor
By _______________________
Print Name
__________________________
Signature
__________________________
Title
__________________________
Date
Section 3700 of the State Labor Code reads as follows:
“Every employer except the State shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this state.
(b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employee.”
20-21Concord - Document ID: generated after first signature
GUARANTY
In accordance with the terms of the Construction Contract between City of Palmdale, (“City”) and the undersigned, under which contract the undersigned shall complete work as described in the Contract documents, the following guarantee of said work is hereby made.
Should any of the items installed pursuant to said Contract, prove defective or should the item as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the said item or any part thereof fail to operate properly, as planned, due to any of the above causes, all within one (1) year after date on which the work is accepted by the City, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within thirty (30) days after the receipt of demand from the City. In the event repairs are not made within thirty (30) days, the City shall have the unqualified option to make any needed repairs or replacements itself or by any other Contractor. The undersigned agrees to reimburse the City, upon demand, of its expenses incurred in restoring said items to the condition contemplated in said contract, including the cost of any equipment or materials replaced, or upon demand by the City, to replace any such equipment and repair said items completely without cost to the City so that they will operate successfully as originally contemplated.
Emergency repairs must necessarily be made by the City; therefore, when defective material or workmanship results in emergency repairs, the undersigned agrees to reimburse the City, upon demand, expenses incurred.
Said items will be deemed defective within the meaning of this Guaranty in the event that they fail to operate as originally intended thereof and in accordance with the plans and specifications included in said contract. The Faithful Performance Bond for this project shall remain in full force and effect for the entire guarantee period as required in the specifications and contract documents.
_____________________________
Date
______________________________
Contractor
---------------------------------------- INTERNAL USE ONLY ----------------------------------------
□Certificate(s) and Endorsement(s) attached
□Confirmed business name on contract with certificate(s) □Attached Agreement Checklist and met all requirements
21-21Concord - Document ID: generated after first signature Hammack Activity Center
100 ft
N➤➤
N
Image Landsat / Copernicus
Image Landsat / Copernicus
Image Landsat / Copernicus
AERIAL EXHIBIT
"NOT FOR CONSTRUCTION"
HAMMACK ACTIVITY CENTER DEMOLTION PROJECT
APN: 3008-033-900
ADDRESS: 815 AVENUE Q-6
SCALE
9th Street East
Avenue Q-5
DISCLAIMER
THE CITY OF PALMDALE HAS MADE EVERY EFFORT TO
ENSURE THAT THIS MAP IS CORRECT; NEVERTHELESS,
SOME INFORMATION MAY NOT BE ENTIRELY
ACCURATE. THE CITY OF PALMDALE ASSUMES NO
LIABILITY FOR DAMAGES THAT MAY ARISE FROM THE
USE OF INFORMATION RETRIEVED FROM THIS MAP.
THE MAP AND ASSOCIATED DATA ARE PROVIDED
WITHOUT ANY WARRANTY OF ANY KIND, EITHER
EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. THE
PUBLIC SHOULD NOT MAKE SUINESS OR PERSONAL
DECISIONS BASED ON THE MAP BEFORE VALIDATING
DATA WITH THE CITY OF PALMDALE OR OTHER LOCAL,
COUNTY, STATE OR FEDERAL AGENCIES.
BUILDING AND FOUNDATION
TO BE DEMOLISHED
40' CONSTRUCTION HEIGHT
EDISON POINT OF
CONNECTION
SOCAL GAS / PALMDALE
WATER / SEWER POINTS
OF CONNECTION
PROTECTIVE FENCING AROUND
PERIMETER OF STRUCTURE
(APPROXIMATE LOCATION)
6' MINIMUM HEIGHT WITH
WINDSCREENING
±20'
DISTANCE FROM
CONSTRUCTION TO LOT LINE
City Council Staff Report
DATE: JULY 12, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
MAINTENANCE DIVISION
DISTRICT: ALL
SUBJECT: APPROVE PURCHASE ORDER NO. 20240001 WITH WALSMA OIL COMPANY, INC . FOR DIESEL & UNLEADED FUEL, MOTOR OIL,
AND LUBRICANTS IN AN AMOUNT NOT TO EXCEED $600,000 FOR
FY 2023-24.
ISSUE
Approve Purchase Order No. 20240001 with Walsma Oil Company, Inc. for Diesel and Unleaded Fuel, Motor Oil, and Lubricants in an amount not to exceed $600,000 for FY 2023-24.
RECOMMENDATION
Staff recommends that the City Council:
1. Approve Purchase Order No. 20240001 with Walsma Oil Company, Inc. for diesel and unleaded fuel, motor oil and lubricants, in an amount not to exceed $600,000 for FY 2023-24.
2. Authorize the City Manager or her designee to authorize Purchase Order No. 20240001 with Walsma Oil Company, Inc. including non-substantive changes.
BACKGROUND
The City released Invitation for Bid No. 21 -004-3300 in March 2021 and awarded to Walsma Oil Company, Inc. The City exercised its first extension for one (1) year for FY 2022-23 and is choosing to exercise its second and final option of extending the contract for an additional one (1) year period commencing July 12, 2023 through June 30, 2024.
The purchase order’s amount of $600,000 was determined by considering the FY 2023- 24 Price Schedule provided by the vendor, the City ’s Fleet Maintenance Division estimated quantities, projected fuel demands and cost increases, and historical spending amounts.
Report to Mayor and City Council
Re: Approve Purchase Order No. 20240001 with Walsma Oil Company, Inc July 12, 2023
DISCUSSION
Maintaining an on-site fueling station and bulk fuel deliveries is important for accessibility, product security, and best price economics. It is also advantageous in the event of emergency or disaster situations.
FISCAL IMPACT
The blanket Purchase Order amount for Diesel and Unleaded Fuel, Motor Oil, and Lubricants for FY 2023-24 will not exceed $600,000. Sufficient funds are budgeted in Fleet Maintenance Account 15433007-734100.
STRATEGIC PLAN
Goal II: Ensure long-term fiscal health of the City and maintain funding for services.
A. Manage resources, costs, and liabilities to ensure the City’s long-term fiscal health.
Goal III: Invest in infrastructure to improve community livability.
B. Seek innovative, cost effective, customer focused methods of service delivery.
Prepared by: Lynn Glidden, P.E. Director of Public Works Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley III, Interim City Attorney
ATTACHMENTS
1. Requested Purchase Order 20240001 Walsma Oil Company, Inc.
2. Price Schedule – IFB No. 21-004-3300 Walsma Oil Company, Inc. FY 2023-24 Diesel and Unleaded Fuel, Motor Oil, and Lubricants
Line Vendor Name PO # Due Date Expiration Date Org Code Object Code Project Code Requested / Ordered Amount 01 WALSMA OIL COMPANY, INC. (4313) 20240001 07/12/2023 06/30/2024 15433006 734100 600,000.00$ Total PO Amount 600,000.00$
ATTACHMENT A
PRICE SCHEDULE
IFB: 21-004-3300 Vendor: Walsma Oil Company, Inc.
Bid Proposal Form No.1
Item No. Product Description OPIS Net
Reference City
OPIS Net
Average Rack
Price
Per Gallon
Rack Price
As of:
Per Gallon
Bid Margin /
Markup
OPIS Net
Reference City
OPIS Net
Average Rack
Price
Per Gallon
Rack Price
As of:
Per Gallon
Bid Margin /
Markup
OPIS Net
Reference City
OPIS Net
Average Rack
Price
Per Gallon
Rack Price
As of:
Per Gallon
Bid Margin /
Markup
3/1/2021 4/26/2022 5/31/2023
1 Regular Unleaded Gasoline (87 Octane) Los Angeles, CA $2.4553 $2.4553 $0.25 $2.7053 Los Angeles, CA $4.0727 $4.0727 $0.25 $4.3227 Los Angeles, CA $3.5827 $3.5827 $0.25 $3.8327 2 Ultra Low Sulfur No. 2 Diesel Fuel Los Angeles, CA $2.4372 $2.4372 $0.25 $2.6872 Los Angeles, CA $4.3369 $4.3369 $0.25 $4.5869 Los Angeles, CA $2.91.08 $2.9108 $0.25 $3.1608 3 One Delivery of Two (2) Tanks $0.00 $0.00 $0.00
4 Other: Pump Charge $0.00 $0.00 $0.00
5 Freight Charge $0.00 $0.00 $0.00
6 Emergency Delivery can be provided within:
__________ hours’ notice 24 hours 24 hours 24 hours
Item No. Product Description Unit of Measure Estimated Qty. Brand Name Unit Price Extended Price Brand Name Unit Price Extended Price Brand Name Unit Price Extended Price 1 15W-40 Diesel Engine Lubricating Oil LE
(Low Emission) Gallon 300 Guardol $13.00 $3,900.00 Guardol $14.50 $4,350.00 Guardol $16.00 $4,800.00 2 5W-30 Motor Oil
(Meets or exceeds requirements of Chrysler MS
6395, FordWss-M2C961-A1 and GM 6094M)
Gallon 200 Shield Choice $12.15 $2,430.00 Shield Choice $13.80 $2,760.00 Shield Choice $14.50 $2,900.00 3 5W-20 Motor Oil
(Meets or exceeds requirements of Chrysler MS
6395, FordWss-M2C945-B1 and GM 6094M)
Gallon 200 Shield Choice $12.15 $2,430.00 Shield Choice $13.80 $2,760.00 Shield Choice $14.50 $2,900.00 4 Automatic Transmission Fluid (ATF) (Allison
Rated) Gallon 50 P66 Triton 295 $38.00 $1,900.00 P66 Triton 295 $38.00 $1,900.00 P66 Triton 295 $42.00 $2,100.00 5 DEF Gallon 800 Assure $2.65 $2,120.00 Assure $3.65 $2,920.00 Assure $7.00 $5,600.00 Bid Total 77.95 $12,780.00 83.75 $14,690.00 94.00 $18,300.00 California Sales Tax 10.25% 7.99 $1,309.95 8.58 $1,505.73 9.64 $1,875.75 Estimated Total Cost with Tax: $85.94 $14,089.95 $92.33 $16,195.73 $103.64 $20,175.75 FY 2021-2022Bid Proposal Form No.2
FY 2021-2022
Second and Final Option to Extend
FY 2023-2024
FY 2023-2024
First Option to Extend
FY 2022-2023
FY 2022-2023
Total per
Gallon Bid Price
*For evaluation
purposes only
Total per
Gallon Bid Price
*For evaluation
purposes only
Total per
Gallon Bid Price
*For evaluation
purposes only
City Council Staff Report
DATE: JULY 12, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
MAINTENANCE DIVISION
DISTRICT: ALL
SUBJECT: APPROVE PURCHASE ORDER NO. 20240002 WITH NUTRIEN AG SOLUTIONS, INC. FOR FERTILIZER SUPPLIES IN AN AMOUNT
NOT TO EXCEED $207,750 FOR FY 2023-24.
ISSUE
Approve Purchase Order No. 20240002 with Nutrien AG Solutions , Inc. for fertilizer supplies in an amount not to exceed $207,750 for FY 2023-24.
RECOMMENDATION
Staff recommends that the City Council:
1. Approve Purchase Order No. 20240002 with Nutrien AG Solutions , Inc . for fertilizer supplies, in an amount not to exceed $207,750 for FY 2023-24.
2. Authorize the City Manager or her designee to authorize Purchase Order No. 20240002 with Nutrien AG Solutions, Inc. including non-substantive changes.
BACKGROUND
The City released Invitation for Bid No. 21 -001-3610 in March 2021 and awarded to Nutrien AG Solutions. The City exercised its first extension for one year for FY 2022-23 and is choosing to exercise its second and final option of extending the contract for an additional (1) year period commencing July 12, 2023 through June 30, 2024.
The purchase order’s amount of $207,750 was determined by considering the FY 2023- 24 Price Schedule provided by the vendor, the City’s Maintenance Division estimated quantities, and the historical spending amounts.
DISCUSSION
Materials are used to maintain landscape plant health care quality in City Parks, Landscape Maintenance Districts, General Benefits, Palmdale Transportation Center, Park and Rides and Fairway Business Park . These supplies are important for Report to Mayor and City Council
Re: Approve Purchase Order 20240002 with Nutrien AG Solutions, Inc July 12, 2023
sustainable best management practices of grounds and green spaces to maintain landscape quality and provide safe and attractive public spaces and infrastructure.
FISCAL IMPACT
The blanket Purchase Order amount for fertilizer supplies for FY 2023-24 will not exceed $207,750. Sufficient funds are budgeted in Park Maintenance (10133002); Landscape Maintenance-General Benefit (10133003); Palmdale Transportation Center and Park and Rides (20333005); and Landscape Maintenance-Assessment Districts (25133003) Program Supply accounts.
STRATEGIC PLAN
Goal II: Ensure long-term fiscal health of the City and maintain funding for services.
A. Manage resources, costs, and liabilities to ensure the City’s long-term fiscal health.
Goal III: Invest in infrastructure to improve community livability.
B. Seek innovative, cost effective, customer focused methods of service delivery.
Prepared by: Lynn Glidden, P.E. Director of Public Works Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley III, Interim City Attorney
ATTACHMENTS
1. Requested Purchase Order 20240002 Nutrien AG Solutions, Inc.
2. Price Schedule – IFB No. 21-001-3610 Nutrien AG Solutions FY 2023-24 Fertilizer Supplies
Line Vendor Name PO # Due Date Org Code Object Code Project Code Requested / Ordered Amount 01 NUTRIEN AG SOLUTIONS, INC. (10916) 20240002 07/12/2023 10133002 737107 70,000.00$ 02 NUTRIEN AG SOLUTIONS, INC. (10916) 20240002 07/12/2023 20333005 737107 3410 2,750.00$ 03 NUTRIEN AG SOLUTIONS, INC. (10916) 20240002 07/12/2023 20333005 735100 3411 2,000.00$ 04 NUTRIEN AG SOLUTIONS, INC. (10916) 20240002 07/12/2023 25133003 737107 3610 80,000.00$ 05 NUTRIEN AG SOLUTIONS, INC. (10916) 20240002 07/12/2023 10133003 737107 20,000.00$ 06 NUTRIEN AG SOLUTIONS, INC. (10916) 20240002 07/12/2023 10133003 737107 1087 3,000.00$ 07 NUTRIEN AG SOLUTIONS, INC. (10916) 20240002 07/12/2023 P0109157 724525 30,000.00$ Total PO Amount 207,750.00$
PRICE SCHEDULE
IFB: 21-001-3610 Vendor: Nutrien AG Solutions
FERTILIZER SUPPLIES San Jacinto, CA
Item
No.
Product/Material
Description/Unit of Measure Manufacturer Manufacturer / Part No. Estimated Quantities
Unit of Measure
(U/M)
Original
Price Per U/M
Original
Extended Price
FY 22-23
Price Per U/M
FY 22-23
Extended Price
FY 23-24
Price Per U/M
FY 23-24
Extended Price
1 9-9-9 Super Iron Plant Food w/ 11% Iron Best
(No Exceptions) Best 74099 800 50-LB BAG $20.00 $16,000.00 $29.39 $23,512.00 $26.06 $20,848.00 2 16-6-8 Turf Supreme Best
(No Exceptions) Best 7402550 1285 50-LB BAG $20.41 $26,226.85 $29.81 $38,305.85 $25.64 $32,947.40 3 21-2-4 Nitra King Best
(No Exceptions) Best 827857 1000 50-LB BAG $18.61 $18,610.00 $28.56 $28,560.00 $25.23 $25,230.00 4 6-24-24 XB Best
(No Exceptions) Best 74089 480 50-LB BAG $23.48 $11,270.40 $31.63 $15,182.40 $28.29 $13,579.20 5 Arbor Care 15-8-4 Liquid Fertilizer Growth Products 20330 15 PER GALLON $19.10 $286.50 $21.71 $325.65 $34.95 $524.25 6 X-Xtra Iron 6-0-0 Liquid Fertilizer Growth Products LTD Growth Products 40120 15 PER GALLON $15.50 $232.50 $15.15 $227.25 $15.50 $232.50 7 12-5-6 Plus Target Specialty Products Marion Ag 19388 800 50-LB BAG $15.45 $12,360.00 $19.07 $15,256.00 $17.62 $14,096.00 8 Hydretan ES Plus Granular QD Ecologel Solutions Ecologel 100 40-LB BAG $89.60 $8,960.00 $89.60 $8,960.00 $89.60 $8,960.00 9 21-7-7 Acid Special Peters Pro ICL Specialty Fertilizers Everris E99330 160 25-LB BAG $19.14 $3,062.40 $23.65 $3,784.00 $27.82 $4,451.20 10 Gro Power Plus (mycorrhizae) Gro Power 480 50-LB BAG $45.73 $21,950.40 $49.84 $23,923.20 11 Gro Power Control Release 12-8-8 Gro Power 3-4 Month 480 40-LB BAG $52.46 $25,180.80 $57.18 $27,446.40 12 Gro Power Premium High Nitrogen 18-3-7/ER Gro Power 480 40-LB BAG $45.83 $21,998.40 $49.95 $23,976.00 13 Gro Power 5-3-1 Plus (mycorrhizae) Gro Power 800 50-LB BAG $33.60 $26,880.00 $37.22 $29,776.00 14 Gro Power 5-3-1 Regular Gro Power 480 50-LB BAG $29.38 $14,102.40 $32.03 $15,374.40 15 Dolomite AG 65 480 50-LB BAG $10.71 $5,140.80 $10.71 $5,140.80 16 Pest Control Advisor Recommendations Value Added As Needed No Charge No Charge No Charge 17 Delivery Charges (if applicable) No Charge No Charge No Charge 18 Delivery days upon order: _________days 2 Days 2 Days 2 Days $241.29 $97,008.65 $506.28 $249,365.95 $527.64 $246,505.35
10.25% $24.73 $9,943.39 $51.89 $25,560.01 $54.08 $25,266.80 $266.02 $106,952.04 $558.17 $274,925.96 $581.72 $271,772.15 2nd & Final Option to Extend
Bid Total:
California Sales Tax:
Estimated Total Cost to City:
FY 2021-2022 FY 2022-23 FY 2023-24
ORIGINAL BID 1st Option to Extend
City Council Staff Report
DATE: JULY 12, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
MAINTENANCE DIVISION
DISTRICT: ALL
SUBJECT: APPROVE PURCHASE ORDER NO. 20240003 WITH SMITH PIPE & SUPPLY, INC. FOR IRRIGATION AND WATER CONSERVATION
SUPPLIES IN AN AMOUNT NOT TO EXCEED $ 278,000 FOR FY
2023-24.
ISSUE
Approve Purchase Order No. 20240003 with Smith Pipe & Supply, Inc. for irrigation and water conservation supplies in an amount not to exceed $278,000 for FY 2023-24.
RECOMMENDATION
Staff recommends that the City Council:
1. Approve Purchase Order No. 20240003 with Smith Pipe & Supply , Inc . for irrigation and water conservation supplies, in an amount not to exceed $278,000 for FY 2023-24.
2. Authorize the City Manager or her designee to authorize Purchase Order No. 20230003 with Smith Pipe & Supply, Inc. including non-substantive changes.
BACKGROUND
The City released Invitation for Bid No. 21 -002-3600 in March 2021 and awarded to Smith Pipe & Supply, Inc. The City exercised its first extension for one year for FY 2022- 23 and is choosing to exercise its second and final option of extending the contract for an additional (1) year period commencing July 12, 2023 through June 30, 2024.
The purchase order’s amount of $278,000.00 was determined by considering the FY 2023-24 Price Schedule provided by the vendor, the City’s Maintenance Division estimated quantities, and the historical spending amounts.
DISCUSSION
Materials are used to maintain irrigation system infrastructure and landscapes in City Parks, Landscape Maintenance Districts, General Benefit Areas, Palmdale Transportation Center, Park and Rides, and Fairway Business Park. These supplies are Report to Mayor and City Council
Re: Approve Purchase Order 20240003 with Smith Pipe & Supply, Inc July 12, 2023
important for sustainable best management practices of grounds and green spaces to ensure landscape quality and water conservation efforts.
FISCAL IMPACT
The Purchase Order amount for irrigation and water conservation supplies for FY 2023- 24 will not exceed $278,000. Sufficient funds are budgeted in Park Maintenance (10133002); Landscape Maintenance-General Benefit (10133003); Palmdale Transportation Center and Park and Rides (20333005); and Landscape Maintenance- Assessment Districts (25133003) Operating and Program Supply accounts.
STRATEGIC PLAN
Goal II: Ensure long-term fiscal health of the City and maintain funding for services.
A. Manage resources, costs, and liabilities to ensure the City’s long-term fiscal health.
Goal III: Invest in infrastructure to improve community livability.
B. Seek innovative, cost effective, customer focused methods of service delivery.
Prepared by: Lynn Glidden,P.E. Director of Public Works Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley III, Interim City Attorney
ATTACHMENTS
1. Requested Purchase Order 20240003 Smith Pipe & Supply, Inc.
2. Price Schedule – IFB No. 21-002-3600 Smith Pipe & Supply FY 2023-24 Irrigation and Water Conservation Supplies
Line Vendor Name PO # Due Date Expiration Date Org Code Object Code Project Code Requested / Ordered Amount 01 SMITH PIPE & SUPPLY INC (5978) 20240003 07/12/2023 06/30/2024 10133002 734110 100,000.00$ 02 SMITH PIPE & SUPPLY INC (5978) 20240003 07/12/2023 06/30/2024 20333005 734110 3410 12,000.00$ 03 SMITH PIPE & SUPPLY INC (5978) 20240003 07/12/2023 06/30/2024 20333005 734110 3411 17,000.00$ 04 SMITH PIPE & SUPPLY INC (5978) 20240003 07/12/2023 06/30/2024 25133003 734110 3610 130,000.00$ 05 SMITH PIPE & SUPPLY INC (5978) 20240003 07/12/2023 06/30/2024 10133003 734110 15,000.00$ 06 SMITH PIPE & SUPPLY INC (5978) 20240003 07/12/2023 06/30/2024 10133003 734110 1087 4,000.00$ Total PO Amount 278,000.00$
PRICE SCHEDULE
IFB: 21-002-3600 Vendor: Smith Pipe & Supply
IRRIGATION & WATER CONSERVATION SUPPLIES Westlake Village, CA Item No. Description Bidder's Specified "Approved Equal" or Brand Name & Mfg Item #
Unit of
Measure
Estimated
Quantity
Original
Price Per Unit
Original
Extended Price
FY 22-23
Price Per Unit
FY 22-23
Extended Price
FY 23-24
Price Per Unit
FY 23-24
Extended Price
1 Rain Bird MPR Nozzles (Various Arcs) Rain Bird MPR Nozzles Various Arcs Each 5,000 $ 0.58 $ 2,900.00 $ 0.75 $ 3,760.00 $ 0.78 $ 3,900.00 2 Rain Bird U-Series Nozzles Rain Bird U-Series Nozzles Each 1,875 $ 1.13 $ 2,118.75 $ 1.48 $ 2,782.50 $ 0.78 $ 1,462.50 3 Rain Bird VAN Nozzles Rain Bird VAN Nozzles Each 625 $ 0.58 $ 362.50 $ 0.75 $ 470.00 $ 0.78 $ 487.50 4 Rain Bird Rotary Nozzles R12 Rain Bird Rotary R12 nozzles Each 500 $ 2.93 $ 1,465.00 $ 3.39 $ 1,693.00 $ 3.38 $ 1,690.00 5 Rain Bird Rotary Nozzles R17 Rain Bird Rotary R17 nozzles Each 500 $ 2.93 $ 1,465.00 $ 3.39 $ 1,693.00 $ 3.38 $ 1,690.00 7 Rain Bird Solenoid 236239 Rain Bird Solenoid 236239 Each 200 $ 22.68 $ 4,536.00 $ 27.44 $ 5,487.00 $ 30.30 $ 6,060.00 8 Rain Bird 1804 SAM PRS Rain Bird 1804 SAM PRS Each 1,875 $ 4.33 $ 8,118.75 $ 5.29 $ 9,918.75 $ 5.73 $ 10,743.75 9 Rain Bird 1806 SAM Each 1,250 $ - $ - $ - $ - $ - $ - 10 Rain Bird 1806 SAM PRS Rain Bird 1806 SAM PRS Each 1,250 $ 10.24 $ 12,800.00 $ 13.15 $ 16,441.25 $ 13.52 $ 16,900.00 11 Rain Bird 1812 SAM Each 1,250 $ - $ - $ - $ - $ - $ - 12 Rain Bird 1812 SAM PRS Rain Bird 1812 SAM PRS Each 1,250 $ 12.52 $ 15,650.00 $ 16.09 $ 20,108.75 $ 16.58 $ 20,725.00 13 Rain Bird 1401 Bubblers Pressure Compensating Rain Bird 1401 Bubblers Pressure Compensating Each 2,750 $ 2.57 $ 7,067.50 $ 3.37 $ 9,256.50 $ 3.46 $ 9,515.00 14 Rain Bird 1402 Bubblers Pressure Compensating Rain Bird 1402 Bubblers Pressure Compensating Each 2,750 $ 2.57 $ 7,067.50 $ 3.37 $ 9,256.50 $ 3.46 $ 9,515.00 15 Rain Bird 1404 Bubblers Pressure Compensating Rain Bird 1404 Bubblers Pressure Compensating Each 750 $ 2.57 $ 1,927.50 $ 3.37 $ 2,524.50 $ 3.46 $ 2,595.00 16 Rain Bird 5004+PCSAMR Rain Bird 5004+PCSAMR Each 400 $ 12.08 $ 4,832.00 $ 15.84 $ 6,336.00 $ 15.81 $ 6,324.00 17 Rain Bird 5004+FCSAMR Rain Bird 5004+FCSAMR Each 300 $ 12.08 $ 3,624.00 $ 15.84 $ 4,752.00 $ 15.81 $ 4,743.00 18 Rain Bird 5004+PCSAMRNP Rain Bird 5004+PCSAMRNP Each 300 $ 13.15 $ 3,945.00 $ 17.35 $ 5,204.40 $ 17.40 $ 5,220.00 19 Rain Bird 5004+FCSAMRNP Rain Bird 5004+FCSAMRNP Each 300 $ 13.15 $ 3,945.00 $ 17.35 $ 5,204.40 $ 17.40 $ 5,220.00 20 Rain Bird 5006+PCSAMR Rain Bird 5006+PCSAMR Each 400 $ 18.44 $ 7,376.00 $ 23.38 $ 9,352.80 $ 23.88 $ 9,552.00 21 Rain Bird 5006+FCSAMR Rain Bird 5006+FCSAMR Each 300 $ - $ - $ - $ - $ - $ - 22 Rain Bird 5012+PCSAMR Rain Bird 5012+PCSAMR Each 400 $ 25.23 $ 10,092.00 $ 32.43 $ 12,972.80 $ 33.09 $ 13,236.00 23 Rain Bird 5012+FCSAMR Rain Bird 5012+FCSAMR Each 400 $ - $ - $ - $ - $ - $ - 24 Rain Bird 8005-SS Rain Bird 8005-SS Each 300 $ 48.86 $ 14,658.00 $ 63.35 $ 19,005.00 $ 65.05 $ 19,515.00 25 Rain Bird 8005-SS-NP Rain Bird 8005-SS-NP Each 60 $ 51.44 $ 3,086.40 $ 67.37 $ 4,042.32 $ 69.60 $ 4,176.00 26 Rain Bird F4 PC-SS-HS Rain Bird F4 PC-SS-HS Each 60 $ 75.50 $ 4,530.00 $ 87.15 $ 5,228.88 $ - $ - 27 Rain Bird F4 FC-SS-HS Rain Bird F4 FC-SS-HS Each 20 $ 67.21 $ 1,344.20 $ 77.58 $ 1,551.60 $ - $ - 28 Rain Bird XB-05 PC Rain Bird XB-05 PC Each 1,000 $ - $ - $ - $ - $ - $ - 29 Rain Bird XB-10 PC Rain Bird XB-10 PC Each 1,000 $ - $ - $ - $ - $ - $ - 30 Rain Bird XB-20 PC Rain Bird XB-20 PC Each 1,000 $ - $ - $ - $ - $ - $ - 31 Rain Bird XB-10 PC-1032 Rain Bird XB-10 PC-1032 Each 3,000 $ 0.23 $ 690.00 $ 0.29 $ 873.00 $ 0.29 $ 870.00 32 Rain Bird XB-05 PC-1032 Rain Bird XB-05 PC-1032 Each 1,000 $ 0.23 $ 230.00 $ 0.29 $ 291.00 $ 0.29 $ 290.00 33 Rain Bird XB-20 PC-1032 Rain Bird XB-20 PC-1032 Each 1,000 $ 0.23 $ 230.00 $ 0.29 $ 291.00 $ 0.29 $ 290.00 34 Rain Bird XBD 80 Module Rain Bird XBD 80 Module Each 20 $ 9.58 $ 191.60 $ 12.11 $ 242.20 $ 12.81 $ 256.20 35 Rain Bird XBT- 10 Rain Bird XBT- 10 Each 100 $ 1.01 $ 101.00 $ 1.28 $ 128.40 $ 1.36 $ 136.00 37 Rain Bird PFR-FRA Rain Bird PFR-FRA Each 2,000 $ 0.44 $ 880.00 $ 0.57 $ 1,130.00 $ 0.60 $ 1,200.00 38 Rain Bird DBC-025 Rain Bird DBC-025 Each 1,000 $ 0.16 $ 160.00 $ 0.21 $ 211.00 $ 0.22 $ 220.00 39 Rain Bird TS-025 Rain Bird TS-025 Each 1,000 $ 0.21 $ 210.00 $ 0.27 $ 274.00 $ 0.29 $ 290.00 40 Rain Bird Diaphragm- 1” 202868 Rain Bird Diaphragm- 1” 202868 Each 200 $ 18.57 $ 3,714.00 $ 22.96 $ 4,591.20 $ 24.90 $ 4,980.00 41 Rain Bird Diaphragm- 1-1/4” 203604 Rain Bird Diaphragm- 1-1/4” 203604 Each 200 $ 34.03 $ 6,806.00 $ 42.07 $ 8,413.20 $ 46.80 $ 9,360.00 42 Rain Bird Diaphragm- 1-1/2” 202614 Rain Bird Diaphragm- 1-1/2” 202614 Each 200 $ 31.90 $ 6,380.00 $ 39.44 $ 7,887.60 $ 42.70 $ 8,540.00 43 Rain Bird Diaphragm- 2” 202615 Rain Bird Diaphragm- 2” 202615 Each 200 $ 42.57 $ 8,514.00 $ 52.58 $ 10,515.60 $ 56.85 $ 11,370.00 44 Rain Bird 100-EFB-CP 1” Valve Rain Bird 100-EFB-CP 1” Valve Each 96 $ 87.72 $ 8,421.12 $ 120.70 $ 11,587.30 $ 131.19 $ 12,594.24 46 Rain Bird 150-EFB-CP 1-1/2” Rain Bird 150-EFB-CP 1-1/2” Each 48 $ 139.82 $ 6,711.36 $ 192.42 $ 9,236.06 $ 209.15 $ 10,039.20 47 Rain Bird 200-EFB-CP 2” Valve Rain Bird 200-EFB-CP 2” Valve Each 28 $ 165.69 $ 4,639.32 $ 227.95 $ 6,382.49 $ 247.76 $ 6,937.28 48 Rain Bird 300 BPE 3” Rain Bird 300 BPE 3” Each 4 $ 337.38 $ 1,349.52 $ 554.46 $ 2,217.82 $ 602.73 $ 2,410.92 49 Rain Bird 116901 1800 Cover Rain Bird 116901 1800 Cover Each 3,500 $ 1.75 $ 6,125.00 $ 2.17 $ 7,602.00 $ 2.41 $ 8,435.00 50 Rain Bird XC-1800 Spray Head Cap Rain Bird XC-1800 Spray Head Cap Each 200 $ 1.20 $ 240.00 $ 1.43 $ 286.60 $ 1.60 $ 320.00 57 Rain Bird Quick Coupler 33DRC Rain Bird Quick Coupler 33DRC Each 50 $ 37.10 $ 1,855.00 $ 47.58 $ 2,378.85 $ 48.90 $ 2,445.00 59 Rain Bird Quick Coupler Key 33DK Rain Bird Quick Coupler Key 33DK Each 10 $ 20.81 $ 208.10 $ 26.76 $ 267.62 $ 27.52 $ 275.20 60 Rain Bird SH-0 Swivel Rain Bird SH-0 Swivel Each 10 $ 32.78 $ 327.80 $ 44.44 $ 444.40 $ 44.33 $ 443.30 61 Hunter I40-04-SS Rotors Hunter I40-04-SS Rotors Each 240 $ 49.89 $ 11,973.60 $ 61.62 $ 14,789.04 $ 61.38 $ 14,731.20 62 Hunter PGP-04-PRBCV 4” Rotor Hunter PGP-04-PRBCV 4” Rotor Each 400 $ 12.76 $ 5,104.00 $ 13.91 $ 5,563.20 $ - 64 Hunter PGJ-04 4” Rotor Hunter PGJ-04 4” Rotor Each 400 $ 8.54 $ 3,416.00 $ 10.70 $ 4,279.20 $ 10.57 $ 4,228.00 65 Hunter PGJ-12 12” Rotor Hunter PGJ-12 12” Rotor Each 500 $ 17.08 $ 8,540.00 $ 20.97 $ 10,484.00 $ 20.73 $ 10,365.00 66 Hunter PCB-25 Bubbler Hunter PCB-25 Bubbler Each 250 $ 2.43 $ 607.50 $ 2.87 $ 716.50 $ 2.99 $ 747.50 67 Hunter PCB-50 Bubbler Hunter PCB-50 Bubbler Each 250 $ 2.43 $ 607.50 $ 2.87 $ 717.50 $ 2.99 $ 747.50 68 Hunter 458200 DC Latching Solenoid Hunter 458200 DC Latching Solenoid Each 100 $ 14.47 $ 1,447.00 $ 16.62 $ 1,662.20 $ 17.93 $ 1,793.00 69 Hunter IBV-101G 1” Brass Valve Hunter IBV-101G 1” Brass Valve Each 32 $ 109.61 $ 3,507.52 $ 135.65 $ 4,340.80 $ 137.81 $ 4,409.92 70 Hunter IBV-151G 1-1/2” Brass Valve Hunter IBV-151G 1-1/2” Brass Valve Each 16 $ 199.96 $ 3,199.36 $ 547.34 $ 8,757.38 $ 251.23 $ 4,019.68 71 Hunter IBV-201G 2” Brass Valve Hunter IBV-201G 2” Brass Valve Each 10 $ 202.32 $ 2,023.20 $ 250.33 $ 2,503.32 $ 254.48 $ 2,544.80 72 Hunter IBV-301G 3” Brass Valve Hunter IBV-301G 3” Brass Valve Each 3 $ 526.42 $ 1,579.26 $ 648.30 $ 1,944.89 $ 658.57 $ 1,975.71 73 Hunter IBV-101G 1” EPDM Diaphragm and Seat Hunter IBV-101G 1” EPDM Diaphragm and Seat Each 100 $ 9.13 $ 913.00 $ 9.56 $ 955.80 $ 10.06 $ 1,006.00 74 Hunter IBV-151G 1-1/2” EPDM Diaphragm and Seat Hunter IBV-151G 1-1/2” EPDM Diaphragm and Seat Each 100 $ 12.46 $ 1,246.00 $ 13.09 $ 1,309.00 $ 13.75 $ 1,375.00 75 Hunter IBV-201G 2” EPDM Diaphragm and Seat Hunter IBV-201G 2” EPDM Diaphragm and Seat Each 50 $ 12.46 $ 623.00 $ 13.09 $ 654.50 $ 13.75 $ 687.50 79 Superior 950 1” Brass Valve Superior 950 1” Brass Valve Each 10 $ 72.73 $ 727.30 $ 89.02 $ 890.18 $ 88.58 $ 885.80 80 Superior 950 1-1/2” Brass Valve Superior 950 1-1/2” Brass Valve Each 10 $ 92.93 $ 929.30 $ 113.75 $ 1,137.52 $ 113.19 $ 1,131.90 81 Superior 950 2” Brass Valve Superior 950 2” Brass Valve Each 10 $ 115.94 $ 1,159.40 $ 141.91 $ 1,419.07 $ 141.21 $ 1,412.10 82 Superior 950 1” Diaphragm kit Superior 950 1” Diaphragm kit Each 25 $ 7.49 $ 187.25 $ 9.69 $ 242.35 $ 9.69 $ 242.25 83 Superior 950 1-1/2” Diaphragm kit Superior 950 1-1/2” Diaphragm kit Each 25 $ 13.31 $ 332.75 $ 17.22 $ 430.43 $ 17.22 $ 430.50 84 Superior 950 2” Diaphragm kit Superior 950 2” Diaphragm kit Each 25 $ 14.42 $ 360.50 $ 18.64 $ 466.10 $ 18.64 $ 466.00 85 Febco 825YA 1” Backflow Febco 825YA 1” Backflow Each 14 $ 352.15 $ 4,930.10 $ 545.92 $ 7,642.94 $ 579.11 $ 8,107.54 87 Febco 825YA 1-1/2” Backflow Febco 825YA 1-1/2” Backflow Each 8 $ 693.58 $ 5,548.64 $ 986.29 $ 7,890.34 $ 1,045.60 $ 8,364.80 88 Febco 825YA 2” Backflow Febco 825YA 2” Backflow Each 14 $ 779.66 $ 10,915.24 $ 1,108.64 $ 15,520.97 $ 1,175.33 $ 16,454.62 89 Febco 825 Y 1” Backflow Febco 825 Y 1” Backflow Each 2 $ 296.29 $ 592.58 $ 421.57 $ 843.13 $ 446.95 $ 893.90 90 Febco 825 Y 1-1/4” Backflow Febco 825 Y 1-1/4” Backflow Each 2 $ 536.89 $ 1,073.78 $ 763.57 $ 1,527.13 $ 809.79 $ 1,619.58 91 Febco 825 Y 1-1/2” Backflow Febco 825 Y 1-1/2” Backflow Each 2 $ 519.70 $ 1,039.40 $ 739.17 $ 1,478.35 $ 783.65 $ 1,567.30 92 Febco 825 Y 2” Backflow Febco 825 Y 2” Backflow Each 4 $ 577.20 $ 2,308.80 $ 821.48 $ 3,285.91 $ 871.18 $ 3,484.72 93 Febco 101-029 1” R.V Cover New lead free part# 905-621 Each 10 $ 131.28 $ 1,312.80 $ 207.07 $ 2,070.65 $ 207.07 $ 2,070.70 94 Febco 101-046 1” R.V Cover New lead free part# 905-621 Each 10 $ 131.28 $ 1,312.80 $ 207.07 $ 2,070.65 $ 207.07 $ 2,070.70 95 Febco 101-035 1-1/2”& 2” R.V Cover New lead free part# 905-622 Each 10 $ 148.69 $ 1,486.90 $ 233.70 $ 2,336.96 $ 233.70 $ 2,337.00 96 Febco 905-042 1” # 1& 2” Checks Rubber kit Febco 905-042 1” # 1& 2” Checks Rubber kit Each 20 $ 14.85 $ 297.00 $ 23.49 $ 469.84 $ 23.49 $ 469.80 97 Febco 905-043 1” R.V Rubber Kit Febco 905-043 1” R.V Rubber Kit Each 20 $ 25.86 $ 517.20 $ 40.98 $ 819.56 $ 40.98 $ 819.60 98 Febco 905-044 1” Check Stem Assembly Febco 905-044 1” Check Stem Assembly Each 20 $ 40.49 $ 809.80 $ 63.94 $ 1,278.80 $ 63.94 $ 1,278.80 99 Febco 905-045 1” R.V Stem Assembly Febco 905-045 1” R.V Stem Assembly Each 20 $ 126.25 $ 2,525.00 $ 198.53 $ 3,970.66 $ 198.53 $ 3,970.60 100 Febco 905-053 1-1/2” & 2” #1 & #2 Check Rubber kit Febco 905-053 1-1/2” & 2” #1 & #2 Check Rubber kit Each 20 $ 23.65 $ 473.00 $ 37.45 $ 748.92 $ 37.45 $ 749.00 101 Febco 905-054 1-1/2” & 2” R.V Rubber Kit Febco 905-054 1-1/2” & 2” R.V Rubber Kit Each 20 $ 44.92 $ 898.40 $ 71.01 $ 1,420.10 $ 70.00 $ 1,400.00 102 Febco 905-055 1-1/2” & 2” Check stem assembly Febco 905-055 1-1/2” & 2” Check stem assembly Each 20 $ 60.57 $ 1,211.40 $ 98.56 $ 1,971.20 $ 98.56 $ 1,971.20 103 Febco 905-056 1-1/2” & 2” RV Stem assembly Febco 905-056 1-1/2” & 2” RV Stem assembly Each 20 $ 192.27 $ 3,845.40 $ 301.69 $ 6,033.70 $ 301.68 $ 6,033.60 104 Febco 781-054 1” Ball Valve w/port Febco 781-054 1” Ball Valve w/port Each 20 $ 33.67 $ 673.40 $ 52.44 $ 1,048.70 $ 55.71 $ 1,114.20 105 Febco 781-055 1-1/4” Ball Valve w/port Febco 781-055 1-1/4” Ball Valve w/port Each 20 $ 63.66 $ 1,273.20 $ 98.32 $ 1,966.30 $ 104.51 $ 2,090.20 106 Febco 781-056 1-1/2” Ball Valve w/port Febco 781-056 1-1/2” Ball Valve w/port Each 20 $ 83.13 $ 1,662.60 $ 128.54 $ 2,570.76 $ 136.55 $ 2,731.00 107 Febco 781-057 2” Ball Valve w/port Febco 781-057 2” Ball Valve w/port Each 20 $ 120.67 $ 2,413.40 $ 186.07 $ 3,721.42 $ 197.36 $ 3,947.20 108 Febco 781-049 1” #2 Ball Valve Febco 781-049 1” #2 Ball Valve Each 20 $ 31.39 $ 627.80 $ 48.79 $ 975.86 $ 51.89 $ 1,037.80 109 Febco 781-050 1-1/4” #2 Ball Valve Febco 781-050 1-1/4” #2 Ball Valve Each 20 $ 33.67 $ 673.40 $ 84.84 $ 1,696.84 $ 89.93 $ 1,798.60 110 Febco 781-051 1-1/2” #2 Ball Valve Febco 781-051 1-1/2” #2 Ball Valve Each 20 $ 78.22 $ 1,564.40 $ 120.89 $ 2,417.82 $ 128.17 $ 2,563.40 111 Febco 781-052 2” #2 Ball Valve Febco 781-052 2” #2 Ball Valve Each 20 $ 101.02 $ 2,020.40 $ 156.58 $ 3,131.52 $ 166.04 $ 3,320.80 112 Febco 781-074 Test Cock Febco 781-074 Test Cock Each 10 $ 6.60 $ 66.00 $ 11.23 $ 112.28 $ 11.23 $ 112.30 113 Febco 781-075 Test Cock Febco 781-075 Test Cock Each 10 $ 6.60 $ 66.00 $ 11.23 $ 112.28 $ 11.23 $ 112.30 114 Carson Spec Standard 12” Rectangular Box 1419-12 w/T-Lid, Green, Tan, Purple, Flush Lid
NDS Part #314PBCR 1419-12 w/T-Lid Green,Purple, Tan Each 80 $ 28.82 $ 2,305.60 $ 30.98 $ 2,478.08 $ 32.61 $ 2,608.80 115 Carson Spec Jumbo Rectangular Box 1320-12 w/T-Lid,
Green, Tan, Purple, Flush Lid
NDS Part # 318 BC 1320-12 w/T-Lid Green, Purple, Tan Each 70 $ 45.98 $ 3,218.60 $ 49.42 $ 3,459.61 $ 52.02 $ 3,641.40 116 Carson Spec 10” Round 910-10 w/ T-Lid, Flush Lid NDS PART # 312PBCR 910-10 w/T-Lid Flush, Green,Purple, Tan Each 80 $ 17.67 $ 1,413.60 $ 19.00 $ 1,519.76 $ 19.99 $ 1,599.20 133 3” Marking Flags 3” Marking Flags Each 100 $ 0.09 $ 9.00 $ 0.11 $ 11.00 $ 0.10 $ 10.00 136 Teflon Tape ½” Teflon Tape ½” Each 150 $ 0.46 $ 69.00 $ 0.61 $ 91.80 $ 0.53 $ 79.50 137 Teflon Tape ¾” Teflon Tape ¾” Each 150 $ 0.71 $ 106.50 $ 0.94 $ 141.15 $ 1.04 $ 156.00 138 Teflon Tape 1” Teflon Tape 1” Each 150 $ 1.14 $ 171.00 $ 1.51 $ 226.35 $ 1.48 $ 222.00 139 3M DBR/Y-6 Direct Burial Wire Connectors King Connectors #20230 Each 1,400 $ 1.69 $ 2,366.00 $ 2.97 $ 4,162.20 $ 3.12 $ 4,368.00 143 Weld- On 721 PVC Glue - Pints Weld- On 721 PVC Glue - Pints Each 80 $ 11.22 $ 897.60 $ 17.44 $ 1,395.36 $ 17.44 $ 1,395.20 144 Weld-On 721 PVC Glue - Quarts Weld-On 721 PVC Glue - Quarts Each 80 $ 18.79 $ 1,503.20 $ 29.18 $ 2,334.72 $ 29.18 $ 2,334.40 145 Weld-On 721 PVC Glue - Gallons Weld-On 721 PVC Glue - Gallons Each 4 $ 64.65 $ 258.60 $ 100.51 $ 402.04 $ 100.51 $ 402.04 146 Weld-On 711 Glue - Pints Weld-On 711 Glue - Pints Each 80 $ 11.98 $ 958.40 $ 18.47 $ 1,477.44 $ 18.47 $ 1,477.60 147 Weld-On 711 Glue - Quarts Weld-On 711 Glue - Quarts Each 144 $ 20.13 $ 2,898.72 $ 31.08 $ 4,476.10 $ 31.08 $ 4,475.52 148 Weld-On P70 Primer - Pints Weld-On P70 Primer - Pints Each 80 $ 11.04 $ 883.20 $ 17.06 $ 1,364.96 $ 17.06 $ 1,364.80 149 Weld-On P70 Primer - Quarts Weld-On P70 Primer - Quarts Each 80 $ 17.88 $ 1,430.40 $ 27.59 $ 2,207.12 $ 27.59 $ 2,207.20 150 Weld-On P70 Primer - Gallons Weld-On P70 Primer - Gallons Each 4 $ 58.86 $ 235.44 $ 90.71 $ 362.83 $ 90.71 $ 362.84 151 Romac Repair Coupling 501-3.51x3.51x10, 3” Romac Repair Coupling 501-3.51x3.51x10, 3” Each 10 $ 93.84 $ 938.40 $ 145.32 $ 1,453.24 $ 151.14 $ 1,511.40 152 Romac Repair Coupling 501-4.70x4.70x10, 4” Romac Repair Coupling 501-4.70x4.70x10, 4” Each 10 $ 132.07 $ 1,320.70 $ 204.53 $ 2,045.32 $ 212.71 $ 2,127.10 153 Romac Repair Coupling 501-6.76x6.76x10, 6” Romac Repair Coupling 501-6.76x6.76x10, 6” Each 20 $ 197.80 $ 3,956.00 $ 306.33 $ 6,126.58 $ 318.58 $ 6,371.60 162 PVC Pipe Schedule 40, ½” PVC Pipe Schedule 40, ½” Per foot 5,000 $ 0.24 $ 1,200.00 $ 0.47 $ 2,345.00 $ 0.41 $ 2,050.00 163 PVC Pipe Schedule 40, ¾” PVC Pipe Schedule 40, ¾” Per foot 5,000 $ 0.32 $ 1,600.00 $ 0.62 $ 3,090.00 $ 0.54 $ 2,700.00 164 PVC Pipe Schedule 40, 1” PVC Pipe Schedule 40, 1” Per foot 5,000 $ 0.49 $ 2,450.00 $ 0.93 $ 4,670.00 $ 0.81 $ 4,050.00 165 PVC Pipe Schedule 40, 1-1/4” PVC Pipe Schedule 40, 1-1/4” Per foot 1,000 $ 0.65 $ 650.00 $ 1.25 $ 1,250.00 $ 1.09 $ 1,090.00 166 PVC Pipe Schedule 40, 1-1/2” PVC Pipe Schedule 40, 1-1/2” Per foot 1,000 $ 0.77 $ 770.00 $ 1.49 $ 1,491.00 $ 1.30 $ 1,300.00 167 PVC Pipe Schedule 40, 2” PVC Pipe Schedule 40, 2” Per foot 1,000 $ 1.03 $ 1,030.00 $ 2.00 $ 2,002.00 $ 1.75 $ 1,750.00 168 PVC Pipe Schedule 40, 2-1/2” PVC Pipe Schedule 40, 2-1/2” Per foot 400 $ 1.63 $ 652.00 $ 3.16 $ 1,265.60 $ 2.76 $ 1,104.00 169 PVC Pipe SCH 40, 3” PVC Pipe SCH 40, 3” Per foot 2,000 $ 2.14 $ 4,280.00 $ 4.14 $ 8,282.00 $ 3.61 $ 7,220.00 Original Bid 1st Option to Extend 2nd & Final Option to Extend FY 2021-2022 FY 2022-2023 FY 2023-2024
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PRICE SCHEDULE
IFB: 21-002-3600 Vendor: Smith Pipe & Supply
IRRIGATION & WATER CONSERVATION SUPPLIES Westlake Village, CA Item No. Description Bidder's Specified "Approved Equal" or Brand Name & Mfg Item #
Unit of
Measure
Estimated
Quantity
Original
Price Per Unit
Original
Extended Price
FY 22-23
Price Per Unit
FY 22-23
Extended Price
FY 23-24
Price Per Unit
FY 23-24
Extended Price
Original Bid 1st Option to Extend 2nd & Final Option to Extend FY 2021-2022 FY 2022-2023 FY 2023-2024
170 PVC Pipe SCH 40, 4” PVC Pipe SCH 40, 4” Per foot 200 $ 3.01 $ 602.00 $ 5.90 $ 1,179.40 $ 5.17 $ 1,034.00 173 Schedule 80 Nipple ½” x 2” Schedule 80 Nipple ½” x 2” Each 500 $ 0.28 $ 140.00 $ 0.29 $ 145.00 $ 0.30 $ 150.00 174 Schedule 80 Nipple ½” x 4” Schedule 80 Nipple ½” x 4” Each 500 $ 0.37 $ 185.00 $ 0.63 $ 316.00 $ 0.38 $ 190.00 175 Schedule 80 Nipple ½” x 6” Schedule 80 Nipple ½” x 6” Each 500 $ 0.52 $ 260.00 $ 0.55 $ 275.00 $ 0.54 $ 270.00 176 Schedule 80 Nipple ½” x 8” Schedule 80 Nipple ½” x 8” Each 500 $ 0.63 $ 315.00 $ 0.65 $ 325.00 $ 0.66 $ 330.00 177 Schedule 80 Nipple ½” x 10” Schedule 80 Nipple ½” x 10” Each 500 $ 0.70 $ 350.00 $ 0.72 $ 360.00 $ 0.73 $ 365.00 178 Schedule 80 Nipple ½” x 12” Schedule 80 Nipple ½” x 12” Each 500 $ 0.78 $ 390.00 $ 0.80 $ 400.00 $ 0.81 $ 405.00 179 Schedule 80 Nipple ¾” x 3” Schedule 80 Nipple ¾” x 3” Each 500 $ 0.49 $ 245.00 $ 0.55 $ 275.00 $ 0.53 $ 265.00 180 Schedule 80 Nipple ¾” x 6” Schedule 80 Nipple ¾” x 6” Each 500 $ 0.67 $ 335.00 $ 0.75 $ 375.00 $ 0.71 $ 355.00 181 Schedule 80 Nipple ¾” x 8” Schedule 80 Nipple ¾” x 8” Each 500 $ 0.99 $ 495.00 $ 1.05 $ 525.00 $ 1.03 $ 515.00 182 Schedule 80 Nipple 1” x 3” Schedule 80 Nipple 1” x 3” Each 500 $ 0.71 $ 355.00 $ 0.78 $ 390.00 $ 0.74 $ 370.00 183 Schedule 80 Nipple 1” x 10” Schedule 80 Nipple 1” x 10” Each 500 $ 1.90 $ 950.00 $ 1.99 $ 995.00 $ 1.97 $ 985.00 184 Schedule 80- 3” 90 EL SxS Schedule 80- 3” 90 EL SxS Each 5 $ 8.67 $ 43.35 $ 14.84 $ 74.22 $ 13.92 $ 69.60 185 Schedule 80- 3” 45 EL SxS Schedule 80- 3” 45 EL SxS Each 4 $ 19.89 $ 79.56 $ 34.04 $ 136.15 $ 31.91 $ 127.64 186 Schedule 80- 3” CPLG SxS Schedule 80- 3” CPLG SxS Each 10 $ 11.60 $ 116.00 $ 19.85 $ 198.50 $ 18.61 $ 186.10 187 Schedule 80- 3” TEE SxSxS Schedule 80- 3” TEE SxSxS Each 10 $ 15.95 $ 159.50 $ 27.30 $ 273.00 $ 25.60 $ 256.00 188 Schedule 80- 4” 90 SxS Schedule 80- 4” 90 SxS Each 5 $ 13.19 $ 65.95 $ 22.57 $ 112.87 $ 21.16 $ 105.80 189 Schedule 80- 4” 45 SxS Schedule 80- 4” 45 SxS Each 5 $ 35.82 $ 179.10 $ 62.30 $ 311.49 $ 57.47 $ 287.35 190 Schedule 80- 4” CPLG SxS Schedule 80- 4” CPLG SxS Each 10 $ 14.52 $ 145.20 $ 24.86 $ 248.56 $ 23.30 $ 233.00 191 Schedule 80- 4” TEE SxSxS Schedule 80- 4” TEE SxSxS Each 10 $ 18.48 $ 184.80 $ 31.64 $ 316.36 $ 29.66 $ 296.60 192 Schedule 80- 6” 90 SxS Schedule 80- 6” 90 SxS Each 5 $ 37.53 $ 187.65 $ 64.23 $ 321.16 $ 60.22 $ 301.10 193 Schedule 80- 6” 45 SxS Schedule 80- 6” 45 SxS Each 5 $ 45.18 $ 225.90 $ 77.19 $ 385.95 $ 72.37 $ 361.85 194 Schedule 80- 6” CPLG SxS Schedule 80- 6” CPLG SxS Each 15 $ 31.26 $ 468.90 $ 53.50 $ 802.46 $ 50.15 $ 752.25 195 Schedule 80- 6” TEE SxS Schedule 80- 6” TEE SxS Each 20 $ 63.12 $ 1,262.40 $ 108.01 $ 2,160.28 $ 101.26 $ 2,025.20 196 Schedule 80- 6x4 Bushing SxS Schedule 80- 6x4 Bushing SxS Each 4 $ 24.94 $ 99.76 $ 42.67 $ 170.70 $ 40.00 $ 160.00 197 Schedule 80- 6x3 Bushing SxS Schedule 80- 6x3 Bushing SxS Each 2 $ 24.94 $ 49.88 $ 42.67 $ 85.35 $ 40.00 $ 80.00 198 Schedule 80- 6x2 Bushing SxS Schedule 80- 6x2 Bushing SxS Each 20 $ 24.94 $ 498.80 $ 42.67 $ 853.48 $ 40.00 $ 800.00 199 Schedule 40 Union 458-010 Schedule 40 Union 458-010 Each 50 $ 4.39 $ 219.50 $ 9.58 $ 478.80 $ 9.58 $ 479.00 200 Schedule 40 Union 458-015 Schedule 40 Union 458-015 Each 50 $ 7.07 $ 353.50 $ 16.80 $ 840.20 $ 16.80 $ 840.00 201 Schedule 40 Union 458-020 Schedule 40 Union 458-020 Each 50 $ 9.46 $ 473.00 $ 20.66 $ 1,032.80 $ 20.66 $ 1,033.00 202 Schedule 40 Union 457-010 Schedule 40 Union 457-010 Each 50 $ 2.01 $ 100.50 $ 4.39 $ 219.40 $ 4.39 $ 219.50 203 Schedule 40 Union 457-015 Schedule 40 Union 457-015 Each 25 $ 6.75 $ 168.75 $ 14.75 $ 368.63 $ 14.74 $ 368.50 204 Schedule 40 Union 457-020 Schedule 40 Union 457-020 Each 25 $ 9.11 $ 227.75 $ 19.88 $ 497.05 $ 19.88 $ 497.00 205 Schedule 40 PVC Ball Valve 1” FIPT x FIPT Schedule 40 PVC Ball Valve 1” FIPT x FIPT Each 10 $ 2.08 $ 20.80 $ 2.98 $ 29.78 $ 3.13 $ 31.30 206 Schedule 40 PVC Ball Valve 1-1/2” FIPT x FIPT Schedule 40 PVC Ball Valve 1-1/2” FIPT x FIPT Each 10 $ 4.18 $ 41.80 $ 5.96 $ 59.61 $ 6.28 $ 62.80 207 Schedule 40 PVC Ball Valve 2” FIPT x FIPT Schedule 40 PVC Ball Valve 2” FIPT x FIPT Each 10 $ 5.36 $ 53.60 $ 7.65 $ 76.48 $ 8.08 $ 80.80 208 Schedule 40 PVC Ball Valve 1” SxS Schedule 40 PVC Ball Valve 1” SxS Each 10 $ 2.08 $ 20.80 $ 2.98 $ 29.78 $ 3.13 $ 31.30 209 Schedule 40 PVC Ball Valve 1-1/2” SxS Schedule 40 PVC Ball Valve 1-1/2” SxS Each 5 $ 4.18 $ 20.90 $ 5.96 $ 29.81 $ 6.28 $ 31.40 210 Schedule 40 PVC Ball Valve 2” SxS Schedule 40 PVC Ball Valve 2” SxS Each 5 $ 5.36 $ 26.80 $ 7.65 $ 38.24 $ 8.05 $ 40.25 211 Schedule 40 ½” CPLG SxS Schedule 40 ½” CPLG SxS Each 1,250 $ 0.14 $ 175.00 $ 0.26 $ 326.25 $ 0.24 $ 300.00 212 Schedule 40 ½” Female Adapter Schedule 40 ½” Female Adapter Each 1,250 $ 0.20 $ 250.00 $ 0.36 $ 448.75 $ 0.33 $ 412.50 213 Schedule 40 ½” Male Adapter Schedule 40 ½” Male Adapter Each 1,250 $ 0.16 $ 200.00 $ 0.29 $ 358.75 $ 0.26 $ 325.00 214 Schedule 40 ½” Tee SxSxS Schedule 40 ½” Tee SxSxS Each 1,250 $ 0.21 $ 262.50 $ 0.40 $ 495.00 $ 0.36 $ 450.00 215 Schedule 40 ½” Tee SxSxT Schedule 40 ½” Tee SxSxT Each 1,250 $ 0.29 $ 362.50 $ 0.52 $ 651.25 $ 0.48 $ 600.00 216 Schedule 40 ½” 45 SxS Schedule 40 ½” 45 SxS Each 1,250 $ 0.29 $ 362.50 $ 0.52 $ 651.25 $ 0.48 $ 600.00 217 Schedule 40 ½” 90 SxS Schedule 40 ½” 90 SxS Each 1,250 $ 0.17 $ 212.50 $ 0.32 $ 396.25 $ 0.29 $ 362.50 218 Schedule 40 ½” 90 SxT Schedule 40 ½” 90 SxT Each 1,250 $ 0.21 $ 262.50 $ 0.40 $ 495.00 $ 0.36 $ 450.00 219 Schedule 40 ½” 90 TxT Schedule 40 ½” 90 TxT Each 1,250 $ 0.42 $ 525.00 $ 0.76 $ 955.00 $ 0.70 $ 875.00 220 Schedule 40 ½” Cap Slip Schedule 40 ½” Cap Slip Each 500 $ 0.16 $ 80.00 $ 0.29 $ 143.50 $ 0.26 $ 130.00 221 Schedule 40 ½” Cap Thread Schedule 40 ½” Cap Thread Each 500 $ 0.33 $ 165.00 $ 0.61 $ 304.00 $ 0.56 $ 280.00 222 ½” Marlex Street Ells ½” Marlex Street Ells Each 800 $ 0.12 $ 96.00 $ 0.30 $ 240.80 $ 0.28 $ 224.00 223 Schedule 40 ¾” x ½” Reducer Bushing Slip x Slip Schedule 40 ¾” x ½” Reducer Bushing Slip x Slip Each 1,250 $ 0.18 $ 225.00 $ 0.33 $ 413.75 $ 0.30 $ 375.00 224 Schedule 40 ¾” x ½” Reducer Bushing TxT Schedule 40 ¾” x ½” Reducer Bushing TxT Each 1,250 $ 0.51 $ 637.50 $ 0.93 $ 1,165.00 $ 0.85 $ 1,062.50 225 Schedule 40 ¾”x ¾”x ½” SxSxT Tee Schedule 40 ¾”x ¾”x ½” SxSxT Tee Each 1,500 $ 0.38 $ 570.00 $ 0.70 $ 1,044.00 $ 0.64 $ 960.00 226 Schedule 40 ¾” CPLG SxS Schedule 40 ¾” CPLG SxS Each 1,500 $ 0.16 $ 240.00 $ 0.29 $ 430.50 $ 0.26 $ 390.00 227 Schedule 40 ¾” Female Adapter Schedule 40 ¾” Female Adapter Each 1,500 $ 0.25 $ 375.00 $ 0.45 $ 678.00 $ 0.41 $ 615.00 228 Schedule 40 ¾” Male Adapter Schedule 40 ¾” Male Adapter Each 1,500 $ 0.17 $ 255.00 $ 0.32 $ 475.50 $ 0.29 $ 435.00 229 Schedule 40 ¾” Tee SxSxS Schedule 40 ¾” Tee SxSxS Each 1,500 $ 0.25 $ 375.00 $ 0.45 $ 678.00 $ 0.41 $ 615.00 230 Schedule 40 ¾” Tee SxSxT Schedule 40 ¾” Tee SxSxT Each 1,500 $ 0.44 $ 660.00 $ 0.81 $ 1,216.50 $ 0.74 $ 1,110.00 231 Schedule 40 ¾” 45 SxS Schedule 40 ¾” 45 SxS Each 1,500 $ 0.44 $ 660.00 $ 0.81 $ 1,216.50 $ 0.74 $ 1,110.00 232 Schedule 40 ¾” 90 SxS Schedule 40 ¾” 90 SxS Each 1,500 $ 0.20 $ 300.00 $ 0.36 $ 538.50 $ 0.33 $ 495.00 233 Schedule 40 ¾” 90 SxT Schedule 40 ¾” 90 SxT Each 1,250 $ 0.25 $ 312.50 $ 0.45 $ 565.00 $ 0.41 $ 512.50 234 Schedule 40 ¾” 90 TxT Schedule 40 ¾” 90 TxT Each 1,250 $ 0.63 $ 787.50 $ 1.14 $ 1,418.75 $ 1.04 $ 1,300.00 235 Schedule 40 ¾” Cap Slip Schedule 40 ¾” Cap Slip Each 500 $ 0.18 $ 90.00 $ 0.33 $ 165.50 $ 0.30 $ 150.00 236 Schedule 40 ¾” Cap Thread Schedule 40 ¾” Cap Thread Each 500 $ 0.38 $ 190.00 $ 0.70 $ 348.00 $ 0.64 $ 320.00 237 ¾” Marlex Street Ells ¾” Marlex Street Ells Each 2,500 $ 0.60 $ 1,500.00 $ 1.11 $ 2,762.50 $ 1.01 $ 2,525.00 238 Schedule 40 1”x ¾” Reducer Bushing Slip x Slip Schedule 40 1”x ¾” Reducer Bushing Slip x Slip Each 1,250 $ 0.33 $ 412.50 $ 0.61 $ 760.00 $ 0.56 $ 700.00 239 Schedule 40 1”x ¾” Reducer Bushing T x T Schedule 40 1”x ¾” Reducer Bushing T x T Each 1,000 $ 0.72 $ 720.00 $ 1.30 $ 1,300.00 $ 1.19 $ 1,190.00 240 Schedule 40 1”x 1”x ¾” SxSxT Schedule 40 1”x 1”x ¾” SxSxT Each 1,250 $ 0.83 $ 1,037.50 $ 1.50 $ 1,872.50 $ 1.37 $ 1,712.50 241 Schedule 40 1” CPLG SxS Schedule 40 1” CPLG SxS Each 1,500 $ 0.28 $ 420.00 $ 0.50 $ 753.00 $ 0.47 $ 705.00 242 Schedule 40 1“ Female Adapter Schedule 40 1“ Female Adapter Each 1,500 $ 0.29 $ 435.00 $ 0.52 $ 781.50 $ 0.48 $ 720.00 243 Schedule 40 1” Male Adapter Schedule 40 1” Male Adapter Each 1,500 $ 0.31 $ 465.00 $ 0.57 $ 856.50 $ 0.52 $ 780.00 244 Schedule 40 1” Tee SxSxS Schedule 40 1” Tee SxSxS Each 1,500 $ 0.47 $ 705.00 $ 0.85 $ 1,270.50 $ 0.78 $ 1,170.00 245 Schedule 40 1” Tee SxSxT Schedule 40 1” Tee SxSxT Each 500 $ 0.83 $ 415.00 $ 1.50 $ 749.00 $ 1.37 $ 685.00 246 Schedule 40 1” 45 SxS Schedule 40 1” 45 SxS Each 1,500 $ 0.54 $ 810.00 $ 0.98 $ 1,464.00 $ 0.90 $ 1,350.00 247 Schedule 40 1” 90 SxS Schedule 40 1” 90 SxS Each 1,500 $ 0.35 $ 525.00 $ 0.64 $ 957.00 $ 0.58 $ 870.00 248 Schedule 40 1” 90 SxT Schedule 40 1” 90 SxT Each 1,000 $ 0.47 $ 470.00 $ 0.85 $ 847.00 $ 0.78 $ 780.00 249 Schedule 40 1” Cap Slip Schedule 40 1” Cap Slip Each 500 $ 0.29 $ 145.00 $ 0.52 $ 260.50 $ 0.48 $ 240.00 250 Schedule 40 1” Cap Thread Schedule 40 1” Cap Thread Each 500 $ 0.58 $ 290.00 $ 1.06 $ 527.50 $ 0.97 $ 485.00 251 Schedule 40 1-1/2”x 1” Reducer Bushing Slip x Slip Schedule 40 1-1/2”x 1” Reducer Bushing Slip x Slip Each 750 $ 0.47 $ 352.50 $ 0.86 $ 643.50 $ 0.79 $ 592.50 252 Schedule 40 1-1/2”x 1” Reducer Bushing TxT Schedule 40 1-1/2”x 1” Reducer Bushing TxT Each 500 $ 1.29 $ 645.00 $ 2.34 $ 1,170.00 $ 2.15 $ 1,075.00 253 Schedule 40 1-1/2” CPLG SxS Schedule 40 1-1/2” CPLG SxS Each 1,250 $ 0.41 $ 512.50 $ 0.74 $ 928.75 $ 0.68 $ 850.00 254 Schedule 40 1-1/2” Female Adapter Schedule 40 1-1/2” Female Adapter Each 1,250 $ 0.52 $ 650.00 $ 0.93 $ 1,165.00 $ 0.85 $ 1,062.50 255 Schedule 40 1-1/2” Male Adapter Schedule 40 1-1/2” Male Adapter Each 1,250 $ 0.52 $ 650.00 $ 0.93 $ 1,165.00 $ 0.85 $ 1,062.50 256 Schedule 40 1-1/2” Tee SxSxS Schedule 40 1-1/2” Tee SxSxS Each 1,250 $ 0.88 $ 1,100.00 $ 1.61 $ 2,007.50 $ 1.47 $ 1,837.50 257 Schedule 40 1-1/2” Tee SxSxT Schedule 40 1-1/2” Tee SxSxT Each 750 $ 1.72 $ 1,290.00 $ 3.11 $ 2,332.50 $ 2.85 $ 2,137.50 258 Schedule 40 1-1/2” 45 SxS Schedule 40 1-1/2” 45 SxS Each 750 $ 0.94 $ 705.00 $ 1.71 $ 1,278.75 $ 1.56 $ 1,170.00 259 Schedule 40 1-1/2” 90 SxS Schedule 40 1-1/2” 90 SxS Each 1,000 $ 0.66 $ 660.00 $ 1.21 $ 1,206.00 $ 1.10 $ 1,100.00 260 Schedule 40 1-1/2” 90 SxT Schedule 40 1-1/2” 90 SxT Each 750 $ 0.86 $ 645.00 $ 1.57 $ 1,178.25 $ 1.44 $ 1,080.00 261 Schedule 40 2”x 1-1/2” Reducer Bushing Slip x Slip Schedule 40 2”x 1-1/2” Reducer Bushing Slip x Slip Each 200 $ 0.78 $ 156.00 $ 1.42 $ 283.00 $ 1.30 $ 260.00 262 Schedule 40 2” CPLG SxS Schedule 40 2” CPLG SxS Each 500 $ 0.63 $ 315.00 $ 1.14 $ 567.50 $ 1.04 $ 520.00 263 Schedule 40 2” Female Adapter Schedule 40 2” Female Adapter Each 200 $ 0.68 $ 136.00 $ 1.25 $ 249.20 $ 1.14 $ 228.00 264 Schedule 40 2” Male Adapter Schedule 40 2” Male Adapter Each 200 $ 0.67 $ 134.00 $ 1.22 $ 243.60 $ 1.11 $ 222.00 265 Schedule 40 2” Tee SxSxS Schedule 40 2” Tee SxSxS Each 200 $ 1.29 $ 258.00 $ 2.34 $ 468.00 $ 2.15 $ 430.00 266 Schedule 40 2” Tee SxSxT Schedule 40 2” Tee SxSxT Each 200 $ 2.02 $ 404.00 $ 3.94 $ 788.20 $ 3.16 $ 632.00 267 Schedule 40 2” 45 SxS Schedule 40 2” 45 SxS Each 200 $ 1.14 $ 228.00 $ 2.22 $ 444.40 $ 2.03 $ 406.00 268 Schedule 40 2” 90 SxS Schedule 40 2” 90 SxS Each 200 $ 1.05 $ 210.00 $ 1.90 $ 379.20 $ 1.74 $ 348.00 269 Schedule 40 2” 90 SxT Schedule 40 2” 90 SxT Each 200 $ 2.24 $ 448.00 $ 4.06 $ 812.20 $ 3.72 $ 744.00 270 Schedule 40 3” CPLG SxS Schedule 40 3” CPLG SxS Each 50 $ 2.16 $ 108.00 $ 3.92 $ 196.10 $ 3.60 $ 180.00 271 Schedule 40 3” Tee SxSxS Schedule 40 3” Tee SxSxS Each 50 $ 5.61 $ 280.50 $ 10.14 $ 507.15 $ 9.30 $ 465.00 272 Schedule 40 3” 45 SxS Schedule 40 3” 45 SxS Each 50 $ 4.96 $ 248.00 $ 8.98 $ 449.00 $ 8.23 $ 411.50 273 Schedule 40 3” 90 SxS Schedule 40 3” 90 SxS Each 50 $ 3.92 $ 196.00 $ 6.91 $ 345.60 $ 6.34 $ 317.00 275 KRC429-005 ½” DAWN Kwik Repair Coupler KRC429-005 ½” DAWN Kwik Repair Coupler Each 100 $ 1.65 $ 165.00 $ 1.78 $ 178.40 $ 1.95 $ 195.00 276 KRC429-007 ¾” DWAN Kwik Repair Coupler KRC429-007 ¾” DWAN Kwik Repair Coupler Each 100 $ 1.96 $ 196.00 $ 2.12 $ 212.20 $ 2.32 $ 232.00 277 KRC429-010 1” DAWN Kwik Repair Coupler KRC429-010 1” DAWN Kwik Repair Coupler Each 100 $ 2.30 $ 230.00 $ 2.48 $ 248.20 $ 2.71 $ 271.00 278 KRC429-015 1 ½” DAWN Kwik Repair Coupler KRC429-015 1 ½” DAWN Kwik Repair Coupler Each 80 $ 4.70 $ 376.00 $ 5.09 $ 406.80 $ 5.56 $ 444.80 279 KRC429-020 2” DAWN Kwik Repair Coupler KRC429-020 2” DAWN Kwik Repair Coupler Each 80 $ 7.25 $ 580.00 $ 7.84 $ 627.52 $ 8.56 $ 684.80 280 KRC429-025 2 ½” DAWN Kwik Repair Coupler KRC429-025 2 ½” DAWN Kwik Repair Coupler Each 80 $ 10.58 $ 846.40 $ 11.44 $ 915.52 $ 12.50 $ 1,000.00 281 KRC429-030 3” DAWN Kwik Repair Coupler KRC429-030 3” DAWN Kwik Repair Coupler Each 10 $ 13.52 $ 135.20 $ 14.63 $ 146.29 $ 15.98 $ 159.80 282 KRC429-040 4” DAWN Kwik Repair Coupler KRC429-040 4” DAWN Kwik Repair Coupler Each 5 $ 23.73 $ 118.65 $ 25.67 $ 128.36 $ 28.03 $ 140.15 283 ROMAC Service Saddle 6 x 2 101S 6.00 – 6.63 ROMAC Service Saddle 6 x 2 101S 6.00 – 6.63 Each 5 $ - $ - $ - $ - 284 ROMAC Service Saddle 4 x 2 101S 4.00 – 4.50 ROMAC Service Saddle 4 x 2 101S 4.00 – 4.50 Each 5 $ - $ - $ - $ - 285 2'' X 8' Pressure treated lodge pole 2'' X 8' Pressure treated lodge pole Each 100 $ 2.22 $ 222.00 $ 3.66 $ 366.30 $ 3.67 $ 367.00 286 24" Cinch Tree Tie 24" Cinch Tree Tie Each 200 $ 0.31 $ 62.00 $ 0.34 $ 67.60 $ 0.34 $ 68.00 287 Delivery charges per order (if applicable) Delivery days upon receipt of order. Per order 1 $ - $ - $ - $ - $ - 288 SPECIFY ALL OTHER COSTS TO THE CITY $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total 241 $ 9,440.02 $ 359,449.36 $ 13,871.02 $ 503,618.98 $ 13,899.58 492,697.70$ 2 of 2
City Council Staff Report
DATE: JULY 12, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
MAINTENANCE DIVISION
DISTRICT: ALL
SUBJECT: APPROVE PURCHASE ORDER NO. 20240004 WITH WILBUR-ELLIS
COMPANY FOR HERBICIDE AND PESTICIDE CHEMICALS IN AN
AMOUNT NOT TO EXCEED $120,000 FOR FY 2023-24.
ISSUE
Approve Purchase Order No. 2024004 with Wilbur-Ellis Company for herbicide and pesticide chemicals in an amount not to exceed $120,000 for FY 2023-24.
RECOMMENDATION
Staff recommends that the City Council:
1. Approve Purchase Order No. 20240004 with Wilbur-Ellis Company for herbicide and pesticide chemicals in an amount not to exceed $120,000 for FY 2023-24.
2. Authorize the City Manager or her designee to authorize Purchase Order No. 20240004 with Wilbur-Ellis Company, including non-substantive changes.
BACKGROUND
The City released Invitation for Bid No. 21 -001-3400 in April 2021 and awarded to Wilbur-Ellis Company. The City exercised its first extension for one year for FY 2022-23 and is choosing to exercise its second and final option of extending the contract for an additional (1) year period commencing July 12, 2023 through June 30, 2024.
The purchase order’s amount of $120,000 was determined by considering the FY 2023- 24 Price Schedule provided by the vendor, the City’s Maintenance Division estimated quantities, and the historical spending amounts.
DISCUSSION
Herbicide and pesticide chemical materials are used for integrated pest and vegetation management (IPM) in City Parks, Landscape Maintenance Districts, General Benefit Areas, Palmdale Transportation Center, Park and Rides, Fairway Business Park landscapes, and street Right of Ways. These supplies are important for sustainable IPM Report to Mayor and City Council
Re: Approve Purchase Order 20240004 with Wilbur-Ellis Company July 12, 2023