Pico Rivera City Council
August 9, 2022

ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES:

NOES:

ABSENT:

ABSTAIN:

To: Mayor and City Council
From: City Manager
Meeting Date: August 9, 2022
Subject: FOURTH QUARTER TREASURER’S REPORT AND THE

MONTHLY INVESTMENT TRANSACTION REPORT AS OF
JUNE 30, 2022 – FISCAL YEAR 2021-2022
Recommendation:

1. Receive and file the Treasurer’s Report for the quarter ending June 30, 2022, which represents balances and activities for the fourth quarter (April through June) of the 2021-22 fiscal year;

2. Receive and file the Treasurer’s Monthly Investment Transaction Report as of June 30, 2022; and

3. Authorize the Assistant City Manager, in her role as City Treasurer, to transfer $5.0 million from the City’s Local Agency Investment Fund (LAIF) account to the City of Pico Rivera’s (City) Investment Portfolio managed by Chandler Asset Management (Chandler).

Fiscal Impact:

On a quarterly basis, the Administrative Services Department staff allocates the appropriate interest income to the various funds. This shows as revenues to the respective funds. Transferring $5.0 million from LAIF to Chandler Portfolio could benefit the City’s portfolio due to the diversification and higher yield within the City’s investment portfolio held with Chandler.

Discussion:

The Treasurer's Report (Enclosure 1) provides a synopsis of investment activity for the City’s investment portfolio for the fiscal year (FY) 2021-22 fourth quarter ending June 30, 2022. The report provides information on assets, allocations, average maturities, yields and valuations for each of the three (3) portfolios. A discussion of market conditions is included to give additional perspective to these measurements.

As of June 30, 2022, the City's investment portfolios are in full compliance with the City's Investment Policy, California Government Code Section 53601, and have sufficient cash 6 CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 9, 2022 FOURTH QUARTER TREASURER’S REPORT AND THE MONTHLY INVESTMENT TRANSACTION REPORT AS OF JUNE 30, 2022 – FISCAL YEAR 2021-2022

flow from a combination of liquid and maturing securities, bank deposits and income to meet the City's expenditure requirements. The paragraphs below provide a summary of the investment results from the fourth quarter.

Total Pooled Cash and Investments during the quarter totaled $104,557,291. This total amount consisted of $6,684,600 in the City’s accounts with its banking partner Commercial Bank of California (CBC), $71,959,744 in the State Treasurer’s LAIF and $25,912,948 managed by Chandler. The City also had $876,656 held by various Trustee Accounts, all related to the City’s bond issues (1999 Water Revenue Bonds, etc.).

The total 2018 Certificates of Participation, Series A (COPS) managed by Wilmington Trust reflect an ending balance of $14,085,985.

The Pico Rivera Innovative Municipal Energy (PRIME) accounts, an Enterprise Fund, reflect two (2) primary accounts. The first account, the Insured Cash Sweep (ICS) account, receives and records investment income. The ICS account as of June 30, 2022 has an ending balance of $6,400,808. The second account, the Public Fund account, receives Electronic Data Interchange (EDI) collection payments and executes vendor payments for the purchase of energy. The Public Fund account as of June 30, 2022 has an ending balance of $1,403,225. The ICS and Public Fund accounts are managed by River City Bank (RCB).

Chandler Asset Management Managed Portfolio
The City entered into a discretionary investment advisory agreement in December 2017, with Chandler, an SEC-registered investment advisor, to manage a portion of the City's portfolio in a disciplined, active manner that complies with the City's investment policy and stated objectives of safety, liquidity and yield. After detailed consultation with Chandler's investment team, the City selected the Limited Maturity investment strategy, benchmarked against the Bank of America Merrill Lynch 1-3 Year US Treasury & Agency Index. The strategy invests in a well-diversified portfolio of high-quality fixed-income securities. To maintain compliance with the City's investment policy, Chandler continues to invest in securities that reflect the guidelines set forth in the City's Investment Policy, most recently approved on April 26, 2022.

To ensure the safety of the portfolio, investments that hold the highest credit quality are selected. The Chandler Managed Portfolio is comprised primarily of Treasury Securities and Federal Government-sponsored entity debt, otherwise known as federal agency securities. Federal agency securities continue to be regarded as among the safest securities in the global market. Two (2) of the government-sponsored agencies, the Federal National Mortgage Association (Fannie Mae) and Federal Home Loan Mortgage Corporation (Freddie Mac), remain under conservatorship and carry an implicit guarantee by the Federal Government. In addition, both are carefully monitored by the City’s investment manager and Treasurer to ensure the continued safety of the City’s funds.

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 9, 2022
FOURTH QUARTER TREASURER’S REPORT AND THE MONTHLY INVESTMENT TRANSACTION REPORT AS OF JUNE 30, 2022 – FISCAL YEAR 2021-2022

The Portfolio Holding Report (Table 1) reflects the types of security holdings in the City’s investment fund. The portfolio June 30, 2022 market value represents a total of $25,912,948, a decrease of $157,567 from the March 31, 2022 market value of $26,070,515. At the period ending June 30, 2022, the portfolio held a diverse portfolio by holding seven (7) different security types. The largest security holding consists of Treasury Securities of $12,112,931. These Treasury Securities are one of the highestquality debt instruments.

The Portfolio Holdings Report also provides the portfolio’s Par values (nominal value of a bond); Book yield (Internal Rate of Return); Book value (value of a security); Market YTM (long-term bond yield); Market value (amount security can be sold on a given market); accrued interest (interest earned); total portfolio (Market value + accrued interest); and finally, Maturity Duration (bond sensitivity of price that may change in interest rates during duration).

Table 1 - Portfolio Holding Report
The Investments by Type (Chart 1) reflects the makeup of the portfolio holdings by security type. The portfolio holds 47% in US Treasuries (government treasury bonds, notes, and bills), 18% of total investments in federal agency securities, 18% in corporate notes, 7% in asset-backed securities, 5% in medium-term notes, which are collateralized by a pool of assets, and the remainder in money market funds and supranationals.

Chart 1 - Investments by Type
CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 9, 2022
FOURTH QUARTER TREASURER’S REPORT AND THE MONTHLY INVESTMENT TRANSACTION REPORT AS OF JUNE 30, 2022 – FISCAL YEAR 2021-2022

The Investment Rating chart (Chart 2) illustrates the portfolios’ investment grade of holdings. This rating provides the City assurance of risk associated with the quality of the holdings investment grade. As demonstrated in the chart below, 92.3% of the total portfolio consists of investments rated “A” or higher as of June 30, 2022, a slight increase of 0.7% from March 31, 2022.

Chart 2 - Investment Ratings
The City’s portfolio remains highly rated, liquid, and stable despite the economic uncertainties. Financial markets are experiencing heightened volatility and tighter conditions as central banks employ more restrictive monetary policies to combat persistently high inflation. Supply chains remain disrupted by both ongoing geopolitical concerns and pandemic effects. The economy remains firm from strength in the labor markets. The risk of economic slowdown later this year has heightened. During the quarter, the yield curve rose and flattened as the Federal Reserve raised Fed Funds rate by another 100 basis points to combat inflation and began its balance sheet reduction.

Local Agency Investment Funds (LAIF)
To manage liquidity, the Pico Rivera Pooled Investment Portfolio is invested in LAIF. The LAIF March 31, 2022 market value represents a total of $53,019,980 and the June 30, 2022 market value of $71,959,744. The increase of $18.9 million in balance from last quarter was related to the net transfers of $18.9 million to LAIF in May and June. Most of the transfers were attributable to revenues from property tax of $8.1 million, the second apportionment of the American Rescue Plan Act (ARPA) funds of $7.4 million, and revenues from sales tax of $6.0 million. The LAIF Quarterly Performance ending June 30, 2022 notes an Apportionment Rate at .75% and a quarterly yield of .69%.

AAA

12.3%
AA

66.2%
A

13.8%
NR

7.7%
CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 9, 2022
FOURTH QUARTER TREASURER’S REPORT AND THE MONTHLY INVESTMENT TRANSACTION REPORT AS OF JUNE 30, 2022 – FISCAL YEAR 2021-2022

The City participates in the State of California LAIF portfolio program. The program consists of local agencies participating in a large portfolio to invest using the State Treasurer's Office for investments at no additional cost to the taxpayer. The Local Investment Advisory Board (LIAB) provides oversight for LAIF.

LAIF administrative costs are minimal and assessed quarterly. The Government Code states administrative costs are not to exceed 5% of the quarterly earnings of the fund.

The characteristics of the LAIF portfolio reflect minimal credit risk with safety in investing of high-quality securities. LAIF funds are protected by statute and are not borrowable.

As Graph 1 below demonstrates, the Chandler portfolio has outperformed the LAIF portfolio over the last four (4) years.

Graph 1 – LAIF and CAM from June 2018 through June 2022 The comparison of LAIF to the Chandler portfolio is the difference in investment security types and portfolio duration. Whereas LAIF takes on a more conservative approach, LAIF and Chandler follow similar investment guidelines for safety, liquidity, and return.

Staff has continuously monitored the City’s investment portfolio and performance on an ongoing basis. As evident by Graph 1 above, the yield of the Chandler portfolio has outperformed the return experienced from our LAIF portfolio. The City received a total of $14.8 million in American Rescue Plan Act (ARPA) funds and allocated them to Capital Improvement Projects as approved by the City Council on January 11, 2022. The cash flow requirements for the ARPA-funded projects allow for us to invest $5.0 million of the $14.8 million over the next three (3) to four (4) fiscal years. Therefore, staff recommends the City Council authorize the transfer of $5.0 million from LAIF to the City’s Portfolio managed by Chandler Asset Management to maximize our investment income. Should CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 9, 2022
FOURTH QUARTER TREASURER’S REPORT AND THE MONTHLY INVESTMENT TRANSACTION REPORT AS OF JUNE 30, 2022 – FISCAL YEAR 2021-2022

the City Council approve the transfer, Chandler will invest the $5.0 million by targeting the maturities to match the City’s projected cash flow needs. As staff has demonstrated above, the Chandler portfolio is managed within the City’s investment policy guidelines with more favorable returns than LAIF.

Monthly Investment Transaction Report
Per the City’s Investment Policy approved by the City Council on April 26, 2022, the City Treasurer submits a monthly investment transaction report to the City Council within 30 days of the end of the reporting period in accordance with California Government Code Section 53607.

The monthly investment transactions summary updates the City Council on the City’s monthly transactions of the City’s investment portfolio for the month ending June 30, 2022. The statements enclosed include transactions of the City’s investments with LAIF and Chandler (Enclosures 2 and 3).

Conclusion:

It is staff’s recommendation that City Council authorizes the Assistant City Manager, in her role as City Treasurer, to transfer $5.0 million from LAIF to the City’s Portfolio managed by Chandler, to be invested using the same requirements as the current portfolio.

All investments are maintained in accordance with California Government Code Section 53601 and the City’s investment policy approved by the City Council on April 26, 2022.

The City Treasurer (Assistant City Manager) certifies that the funds are invested to provide sufficient cash flow for a period of six (6) months.

Steve Carmona
SC:AG:JM:ep
Enclosures: 1) Treasurer’s Report for Fourth Quarter Ending June 30, 2022 2) LAIF Statement for the Month Ending June 30, 2022
3) Chandler Asset Management Transaction Ledger for June 2022

CITY OF PICO RIVERA
TREASURER'S REPORT4TH QTR APR 2022 ‐ JUN 2022TYPE OF INVESTMENT Interest Rate Issuer Reporting Date Investment Income Ending Balance Source of Market Valuation Local Agency Investment Fund (LAIF) 0.75 LAIF 6/30/2022 111,244.93 71,959,743.52 LAIF Statements Demand Deposits 0.05 CBC 6/30/2022 78.66 6,684,599.84 CBC Statements Chandler Investments* ‐0.58 Chandler Investments 6/30/2022 69,946.00 25,912,948.00 Chandler Portfolio Summary TOTAL CASH & INVESTMENTS: Exclude Water Fund 550 TOTAL CASH & INVESTMENTS: $ 181,269.59 $ 104,557,291.36 Revenue Bonds, 1999 Bond Fund Water Authority 122073‐001 US Bank 6/30/2022 0.04 340.04 US Bank/RECON StatementsRevenue Bonds, 1999 Bond Fund Water Authority 122073‐002 US Bank 6/30/2022 10.62 85,295.84 US Bank/RECON Statements Revenue Bonds, 1999 Bond Fund Water Authority 122073‐003 US Bank 6/30/2022 27.97 187,500.04 US Bank/RECON Statements Revenue Bonds, 1999 Water Rate Stabilization 122073‐011 US Bank 6/30/2022 157.28 600,000.00 US Bank/RECON Statements Revenue Bonds, 2021 Tax Allocation Refunding Bonds 245558‐000 US Bank 6/30/2022 ‐ ‐    US Bank/RECON StatementsRevenue Bonds, 2021 Tax Allocation Refunding Bonds 245558‐001 US Bank 6/30/2022 4.02 4.03 US Bank/RECON StatementsRevenue Bonds, 2021 Tax Allocation Refunding Bonds 245558‐002 US Bank 6/30/2022 ‐ ‐    US Bank/RECON StatementsRevenue Bonds, 2021 Tax Allocation Refunding Bonds 245558‐003 US Bank 6/30/2022 0.52 3,516.14 US Bank/RECON Statements Revenue Bonds, 2021 Tax Allocation Refunding Bonds 245558‐004 US Bank 6/30/2022 ‐ ‐  US Bank/RECON Statements TOTAL FISCAL AGENT (TRUSTEE) INVESTMENTS TOTAL (TRUSTEE) INVESTMENTS: $ 200.45 $ 876,656.09 TOTAL CASH & TRUSTEE INVESTMENTS: $ 181,470.04 $ 105,433,947.45 Dividends Ending Balance
2018 COPS 130877 Wilmington Trust 6/30/2022 5,576.26 14,085,984.76 Wilmington Trust Statement TOTAL 2018 COPS: $ 5,576.26 $ 14,085,984.76
ENTERPRISE FUNDS Interest earned Ending BalanceRiver City Bank (PRIME) RIVER CITY BANK INSURED CASH SWEEP (ICS) Account 6/30/2022 7,122.71 6,400,808.39 River City Bank River City Bank (PRIME) RIVER CITY BANK Operating Account 6/30/2022 ‐ 1,403,224.99 River City Bank TOTAL River City Bank: $ 7,122.71 $ 7,804,033.38
Angelina GarciaAssistant City Manager and City Treasurer, City of Pico Rivera * Total‐Rate‐Return (TRR) 3 month: TRR measuring performance, actual rate of return of an investment or a pool of investments over a given evaluation period. TRR includes interest, capital gains, dividends and distributions realized over a given period of time.

I certify that this investment portfolio is in conformity with the Investment Policy of the City of Pico Rivera. The investment Program provides sufficient liquidity to meet a minimum of the next six month's estimated expenditures.

Enclosure 1
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Enclosure 2
6b
Transaction Date Tran Category
Tran Type
Description Security Description Quantity Price Principal Interest Total Amount 6/1/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 250.17 1.00000 250.17 - 250.17 6/7/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 500,000.00 1.00000 500,000.00 - 500,000.00 6/8/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 5,062.50 1.00000 5,062.50 - 5,062.50 6/10/2022 Acquisitions Purchase US Treasury Note 600,000.00 0.96762 580,570.31 1,006.79 581,577.10 6/15/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 474.60 1.00000 474.60 - 474.60 6/15/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 212.67 1.00000 212.67 - 212.67 6/15/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 47.33 1.00000 47.33 - 47.33 6/15/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 7,307.58 1.00000 7,307.58 - 7,307.58 6/15/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 15,340.00 1.00000 15,340.00 - 15,340.00 6/15/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 7,128.84 1.00000 7,128.84 - 7,128.84 6/15/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 2,161.20 1.00000 2,161.20 - 2,161.20 6/15/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 5,865.06 1.00000 5,865.06 - 5,865.06 6/15/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 590.43 1.00000 590.43 - 590.43 6/15/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 5,125.79 1.00000 5,125.79 - 5,125.79 6/15/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 1,437.50 1.00000 1,437.50 - 1,437.50 6/15/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 47.67 1.00000 47.67 - 47.67 6/15/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 219.33 1.00000 219.33 - 219.33 6/15/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 43.33 1.00000 43.33 - 43.33 6/15/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 25.50 1.00000 25.50 - 25.50 6/21/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 66.00 1.00000 66.00 - 66.00 6/21/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 7,152.91 1.00000 7,152.91 - 7,152.91 6/21/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 6,714.35 1.00000 6,714.35 - 6,714.35 6/21/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 23.63 1.00000 23.63 - 23.63 6/21/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 60.71 1.00000 60.71 - 60.71 6/27/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 65,393.49 1.00000 65,393.49 - 65,393.49 6/27/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 77.92 1.00000 77.92 - 77.92 6/27/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 965.42 1.00000 965.42 - 965.42 6/27/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 22.00 1.00000 22.00 - 22.00 6/27/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 1,100.00 1.00000 1,100.00 - 1,100.00 6/27/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 1,177.00 1.00000 1,177.00 - 1,177.00 6/28/2022 Acquisitions Purchase First American Govt Obligation Fund Class Y 252,552.08 1.00000 252,552.08 - 252,552.08 6/30/2022 Acquisitions Purchase US Treasury Bill 500,000.00 0.99962 499,807.50 - 499,807.50 6/28/2022 Dispositions Call PNC Bank Callable Note Cont 6/28/2022 250,000.00 1.00000 250,000.00 2,552.08 (252,552.08) 6/7/2022 Dispositions Maturity MUFG Bank Ltd/NY Discount CP 500,000.00 1.00000 500,000.00 - (500,000.00) 6/15/2022 Dispositions Paydown Toyota Auto Receivables Trust 2021-D A3 - - - 47.33 (47.33) 6/15/2022 Dispositions Paydown Honda Auto Receivables Trust 2019-3 A3 7,073.55 1.00000 7,073.55 55.29 (7,128.84) 6/15/2022 Dispositions Paydown John Deere Owner Trust 2021-A A3 - - - 25.50 (25.50) 6/15/2022 Dispositions Paydown John Deere Owner Trust 2019-A A3 589.00 1.00000 589.00 1.43 (590.43) 6/15/2022 Dispositions Paydown Toyota Auto Receivables 2020-D A3 5,841.94 1.00000 5,841.94 23.12 (5,865.06) 6/15/2022 Dispositions Paydown Honda Auto Receivables Trust 2022-1 A3 - - - 219.33 (219.33) 6/15/2022 Dispositions Paydown John Deere Owner Trust 2020-B A3 2,147.07 1.00000 2,147.07 14.13 (2,161.20) 6/15/2022 Dispositions Paydown Nissan Auto Receivables Owner 2019-C A3 7,207.64 1.00000 7,207.64 99.94 (7,307.58) 6/15/2022 Dispositions Paydown John Deere Owner Trust 2022-A A3 - - - 212.67 (212.67) 6/15/2022 Dispositions Paydown John Deere Owner Trust 2020-A A3 5,067.98 1.00000 5,067.98 57.81 (5,125.79)6/15/2022 Dispositions Paydown Mercedes-Benz Auto Lease Trust 2021-B A3 - - - 43.33 (43.33) 6/15/2022 Dispositions Paydown Toyota Auto Receivable Own 2020-A A3 15,138.57 1.00000 15,138.57 201.43 (15,340.00) 6/15/2022 Dispositions Paydown John Deere Owner Trust 2021-B A3 - - - 47.67 (47.67)6/15/2022 Dispositions Paydown American Express Credit Trust 2022-2 A - - - 474.60 (474.60) 6/21/2022 Dispositions Paydown Verizon Owner Trust 2019-C A1A 6,646.33 1.00000 6,646.33 68.02 (6,714.35)6/21/2022 Dispositions Paydown Honda Auto Receivables Trust 2021-4 A3 - - - 66.00 (66.00) 6/21/2022 Dispositions Paydown Honda Auto Receivables Trust 2020-3 A3 7,121.10 1.00000 7,121.10 31.81 (7,152.91) 6/21/2022 Dispositions Paydown Verizon Owner Trust 2020-B A - - - 60.71 (60.71) 6/21/2022 Dispositions Paydown Honda Auto Receivables Trust 2021-1 A3 - - - 23.63 (23.63) 6/27/2022 Dispositions Paydown FHLMC K032 A2 - - - 965.42 (965.42) 6/27/2022 Dispositions Paydown FHLMC K721 A2 65,137.39 1.00000 65,137.39 256.10 (65,393.49) 6/27/2022 Dispositions Paydown BMW Vehicle Lease Trust 2022-1 A3 - - - 77.92 (77.92) 6/27/2022 Dispositions Paydown BMW Vehicle Lease Trust 2021-2 A3 - - - 22.00 (22.00) City of Pico Rivera Portfolio
Chandler Investment Transactions
June 2022
Enclosure 3
6c
Transaction Date Tran Category
Tran Type
Description Security Description Quantity Price Principal Interest Total Amount City of Pico Rivera Portfolio
Chandler Investment Transactions
June 2022
6/27/2022 Dispositions Paydown FHLMC K031 A2 - - - 1,100.00 (1,100.00) 6/27/2022 Dispositions Paydown FHLMC K034 A2 - - - 1,177.00 (1,177.00)6/10/2022 Dispositions Sale First American Govt Obligation Fund Class Y 581,577.10 1.00000 581,577.10 - (581,577.10) 6/30/2022 Dispositions Sale First American Govt Obligation Fund Class Y 499,807.50 1.00000 499,807.50 - (499,807.50) 6/8/2022 Dispositions Security Withdrawal First American Govt Obligation Fund Class Y 2,149.11 1.00000 2,149.11 - (2,149.11) 6/27/2022 Dispositions Security Withdrawal First American Govt Obligation Fund Class Y 214.41 1.00000 214.41 - (214.41) 6/1/2022 Other Transactions Dividend First American Govt Obligation Fund Class Y 394,333.83 0.00063 250.17 - 250.17 6/8/2022 Other Transactions Interest FHLB Note 450,000.00 0.01125 5,062.50 - 5,062.50 6/15/2022 Other Transactions Interest US Treasury Note 450,000.00 0.00125 562.50 - 562.506/15/2022 Other Transactions Interest US Treasury Note 700,000.00 0.00125 875.00 - 875.00 Changes of Market Values and Accrued Interests (139,225.88) Net Investment Transactions $ (128,089.06)
Beginning Balance as of 5/31/2022 26,041,037.25
Ending Balance as of 6/30/2022 $ 25,912,948.19
To: Mayor and City Council
From: City Manager
Meeting Date: August 9, 2022
Subject: AWARD CONTRACTUAL SERVICES AGREEMENT TO
ABM BUILDING SOLUTIONS, LLC. FOR HEATING,

VENTILATION, AND AIR CONDITIONING MAINTENANCE
Recommendation:

1. Award a Contractual Services Agreement to ABM Building Solutions, LLC. to provide Heating, Ventilation, and Air Conditioning (HVAC) maintenance services for various City-owned facilities for an annual amount not-to-exceed $127,340 (One Hundred Twenty-Seven Thousand Three Hundred Forty Dollars) and for a term of three (3) years with two additional one-year options to extend; and

2. Authorize the Mayor to execute the agreement in a form approved by the City Attorney.

Fiscal Impact:

The Fiscal Year 2022-23 Budget (Account No. 100.40.4031-54500) has appropriations to cover the annual cost of $127,340 for the recommended agreement. Adequate funding will be budgeted in the two subsequent years of this three-year contract (FY 2023-24 and FY 2024-25).

Discussion:

The Public Works Department, Field Operations Division, is responsible for overseeing the maintenance of heating, ventilation, and air conditioning (HVAC) systems at various City-owned facilities. On June 7, 2022, a Request for Proposals (RFP) was published for comprehensive HVAC maintenance services. Proposals were received on July 5, 2022.

The following bids for three (3) years of service were received:

Contractor Total Bid
ABM Building Solutions, LLC. $322,020
Diversified Thermal Services $342,744
Seacliff Mechanical Services $474,336
7 CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 9, 2022

AWARD CONTRACTUAL SERVICES AGREEMENT TO ABM BUILDING SOLUTIONS, LLC. FOR HEATING, VENTILATION AND AIR CONDITIONING MAINTENANCE

HVAC maintenance services requested in the RFP include testing, inspection, and preventative maintenance. Extraordinary repairs of HVAC Systems as well as requested trouble calls, if not routine work, will need City staff approval and will be billed separately. The facilities to be maintained include City Hall, City Hall West, Senior Center, Parks and Recreation Building, and various Park Facilities.

ABM Building Solutions, LLC. was the lowest responsive and responsible bidder. Staff recommends a three-year HVAC Maintenance Services Agreement for a not-to-exceed amount of $322,020 ($107,340 annually). Staff also recommends adding an amount not-to-exceed $60,000 ($20,000 annually) for unforeseen trouble calls and extraordinary repairs, for a total contract amount of $382,020 ($127,340 annually). This additional amount will only be used upon prior City staff approval.

Conclusion:

Staff recommends the award of a Contractual Services Agreement to ABM Building Solutions, LLC. to provide Heating, Ventilation, and Air Conditioning (HVAC) maintenance services for various City-owned facilities. If approved, services will begin on August 10, 2022.

Steve Carmona
SC:TR:MA:ll:np
Enclosure: 1) HVAC Maintenance Services Agreement (Proposal included as Exhibit B)

HVAC MAINTENANCE SERVICES AGREEMENT
THIS MAINTENANCE SERVICES AGREEMENT (“Agreement”) is made and entered into as of August 1, 2022, by and between the CITY OF PICO RIVERA, a California municipal corporation (“City”) and ABM Building Solutions, LLC, a limited liability company (“Contractor”). Contractor’s license number is _______________ (__________) [specify license type]; Contractor’s DIR registration number is _______________.

In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:

1. Scope of Services
Contractor shall perform the work and provide all labor, materials, equipment and services in a good and workmanlike manner for HVAC Services (“Services”), as described in this Agreement, the Scope of Work attached hereto as Exhibit A, and incorporated herein by this reference, and Contractor’s Proposal dated July 5, 2022, a copy of which is attached hereto as Exhibit B and incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and the incorporated documents, the terms of this Agreement shall control.

2. Extra Work
Extra work, when ordered in writing by the Director of Public Works and accepted by Contractor, shall be paid for in accordance with the terms of the written work order.

Payment for extra work will be made at the unit price or lump sum previously agreed upon in writing between Contractor and the Director of Public Works.

3. Term
This Agreement shall become effective on the date first set forth above and shall remain in effect for three (3) years expiring on July 31, 2025 (“Initial Term”), unless sooner terminated as hereinafter provided. The Agreement shall have two (2) oneyear optional renewals (“Renewal Terms”), based on mutual agreement between the Parties indicated in an amendment to extend the contract term, signed by both Parties.

In no event shall this agreement extend beyond July 31, 2027.

4. Time of Performance
A. Contractor will not perform any work under this Agreement until:
1) Contractor furnishes proof of insurance as required under Section 14 of this Agreement; and
2) City gives Contractor a written notice to proceed.

Enclosure 1
7a

B. Should Contractor begin work in advance of receiving written authorization to proceed, any such professional services are at Contractor’s own risk.

5. Time
Time is of the essence in this Agreement.

6. Force Majeure
Neither City nor Contractor shall be responsible for delays in performance under this Agreement due to causes beyond its control, including but not limited to acts of God, acts of public enemies, acts of the Government, fires, floods or other casualty, epidemics, earthquakes, labor stoppages or slowdowns, freight embargoes, unusually severe weather, and supplier delays due to such causes. Neither economic nor market conditions nor the financial condition of either party shall be considered a cause to excuse delay pursuant to this Section. Each party shall notify the other promptly in writing of each such excusable delay, its cause and its expected delay, and shall upon request update such notice.

7. Compensation
In consideration of the services rendered hereunder, City shall pay Contractor an annual fee not to exceed One Hundred Seven Thousand Three Hundred Forty Dollars ($107,340.00), in accordance with the prices as submitted in Exhibit B.

8. Payments
Contractor shall submit to City an invoice monthly, at a minimum, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period, hourly rates charged, if applicable, and the amount due. City shall review each invoice and notify Contractor in writing within ten business days of receipt of any disputed invoice amounts.

City shall make payments within 30 days after receipt of an undisputed and properly submitted payment request from Contractor. City shall return to Contractor any payment request determined not to be a proper payment request as soon as practicable, but not later than seven days after receipt, and shall explain in writing the reason(s) why the payment request is not proper.

9. Taxes
Contractor shall calculate payment for all sales, unemployment, and other taxes imposed by local, State of California and federal law. These payments are included in the total amounts in Exhibit B.

10.Audit
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 City as a condition precedent to any payment to Contractor. Contractor will promptly furnish documents requested by City. Additionally, Contractor shall be subject to State Auditor examination and audit at the request of City or as part of any audit of City, for a period of three years after final payment under this Agreement.

11.Unresolved Disputes
In the event of any dispute or controversy with City over any matter whatsoever, Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. 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 this Agreement, and the consideration and payment of such clams, 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 Agreement 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 904 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable.

12.Termination
This Agreement may be canceled by either party at any time with or without cause and without penalty upon 30 days’ written notice. In the event of termination without fault of Contractor, City shall pay Contractor for all services satisfactorily rendered prior to date of termination, and such payment shall be in full satisfaction of all services rendered hereunder.

If at any time the Contractor is determined to be in material breach of the Contract, a Notice of Potential Breach of Contract shall be prepared by the City, and will be served upon the Contractor and its sureties. If the Contractor continues to neglect or refuses to comply with the Contract or with the Notice of Potential Breach of Contract to the satisfaction of the City within the time specified in such Notice, the City shall have the authority to terminate the Contract for this Project.

In the event that City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by City shall not limit City’s remedies for any succeeding breach of that or of any other term, covenant, or condition of the Contract.

13.Indemnification.

A. Indemnities for Third Party Claims.
1) To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors,

assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by or court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. 2) Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold City harmless from any failure of Contractor to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2.
3) Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 13 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the

sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties.

B. Workers’ Compensation Acts not Limiting
Contractor’s indemnifications and obligations under this Section 13, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

C. Insurance Requirements not Limiting
City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section 13 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.

D. Survival of Terms
Contractor’s indemnifications and obligations under this Section 13 shall survive the expiration or termination of this Agreement.

E. Nonwaiver of Rights
Indemnities do not and shall not waive any rights that they may possess against the Contractor because the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify against any such negligence.

F. Waiver of Right of Subrogation
Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all Claims arising out of or incident to the activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent or subsequent active or passive negligence by Indemnities.

14.Insurance Requirements for City of Pico Rivera Public Works Contract A. Minimum Scope and Limits of Insurance
Contractor shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:

1) Commercial General Liability Insurance with a minimum limit of $2,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $2,000,000.00 per project or location. If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds. 2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $2,000,000.00 per accident for bodily injury and property damage. If Contractor does not use any owned, non-owned or hired vehicles in the performance of Services under this Agreement, Contractor shall obtain a nonowned auto endorsement to the Commercial General Liability policy required under subparagraph A.1) of this Section 14.
3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Contractor has no employees while performing Services under this Agreement, a workers’ compensation policy is not required, but Contractor shall execute a declaration that it has no employees.

B. Acceptability of Insurers
The insurance policies required under this Section 15 shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Section

14. C. Additional Insured
The City, its elected and appointed officials, officers, employees, attorneys, agents, designated volunteers, and independent contractors in the role of City officials, shall be the insured or named as additional insureds covering the Project, regardless of any inconsistent statement in the policy or an subsequent endorsement, whether liability is attributable to the Contractor or the City. The commercial general and automobile liability policies shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds.

D. Primary and Non-Contributing
The insurance policies required under this Section 14 shall apply on a primary noncontributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Contractor’s insurance and shall not contribute with it.

E. Contractor’s Waiver of Subrogation
The insurance policies required under this Section 14 shall not prohibit Contractor and Contractor’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against City.

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

G. Cancellations or Modifications to Coverage
Contractor shall not cancel, reduce or otherwise modify the insurance policies required by this Section 14 during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Section 14 is canceled or reduced in coverage or limits, Contractor shall, within two business days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.

H. City Remedy for Noncompliance
If Contractor does not maintain the policies of insurance required under this Section 14 in full force and effect during the term of this Agreement, or in the event any of Contractor’s policies do not comply with the requirements under this Section 14, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Contractor’s expense, the premium thereon. Contractor shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor.

I. Evidence of Insurance
Prior to the performance of Services under this Agreement, Contractor shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section

14. The endorsements are subject to City’s approval. Contractor may provide complete, certified copies of all required insurance policies to City. Contractor shall maintain current insurance certificates and endorsements on file with City’s Risk Manager at all times during the term of this Agreement. Contractor shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Contractor shall furnish such proof at least two weeks prior to the expiration of the coverages.

The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements must specifically name the CITY OF PICO RIVERA and its elected and appointed officials, officers, employees, attorneys, agents, designated volunteers, and independent contractors in the role of City officials as insureds or additional insureds. The City reserves the right to require complete, certified copies of all required insurance policies at any time.

J. Indemnity Requirements not Limiting
Procurement of insurance by Contractor shall not be construed as a limitation of Contractor’s liability or as full performance of Contractor’s duty to indemnify City under Section 13 of this Agreement.

K. Subcontractor Insurance Requirements
Contractor shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section 14.

L. Replacement Insurance
Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage. Contractor agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable cost, the City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of the Contractor and the cost of such insurance may be deducted, at the option of the City, from payments due to the Contractor. This shall be in addition to all other legal options available to the City to enforce the insurance requirements.

M. Subcontractors
Contractor shall ensure all Subcontractors and their employees are listed as additional insureds on all of the Contractor’s insurance.

15. Antitrust Claims
Contractor offers and agrees to assign to 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. Section 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 this Agreement. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.

16. Familiarity with Work
By executing this Agreement, Contractor represents that it has:

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

If services involve work upon any site, Contractor warrants that it has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should Contractor discover any latent or unknown conditions that may materially affect the performance of the services, Contractor will immediately inform City of such fact and will not proceed except at Contractor’s own risk until written instructions are received from City.

17. Hazardous Materials and Unknown Conditions
Contractor shall notify City in writing of the discovery of any of the following conditions, without disturbing the condition, as soon as Contractor, or any of Contractor’s subcontractors, agents or employees have knowledge and reporting is possible:

A. The presence of any materials that the Contractor believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code; B. Subsurface or latent physical conditions at the site differing from those indicated in the Scope of Services;
C. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of this character provided for in this Agreement.

Pending determination by City of appropriate action to be taken, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person.

City shall promptly investigate the reported conditions. If City, through its Director of Public Works, or his or her designee, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the work, then City shall issue a change order.

In the event of a dispute between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the Contract. Contractor shall retain any

and all rights which pertain to the resolution of disputes and protests between the parties.

18. Utilities Relocation
City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the Scope of Work. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed damages for delay arising from the removal or relocation of such unidentified utility facilities.

19. Independent Contractor
Contractor is and shall at all times remain, as to City, a wholly independent contractor.

Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as herein set forth; and Contractor is free to dispose of all portions of its time and activities which it is not obligated to devote to City in such a manner and to such persons, firms, or corporations as Contractor wishes except as expressly provided in this Agreement. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent. Contractor shall not, at any time or in any manner, represent that it or any of its agents, servants or employees, are in any manner agents, servants or employees of City. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation laws regarding Contractor and its employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any compensation due to Contractor under this Agreement any amount due to City from Contractor as a result of its failure to promptly pay to City any reimbursement or indemnification arising under this Section.

20. Prevailing Wages
City and Contractor acknowledge that the services to be performed under this Agreement are public work to which prevailing wages apply. Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated herein by this reference.

The City has entered into the “Community Workforce Agreement” (“CWA”) with the Los Angeles and Orange Counties Building and Construction Trades Council attached as Exhibit D and incorported herein by this reference, which requires the payment of prevailing wages on general public works contracts of greater than $250,000 and specialty contracts of greater than $50,000 and certain labor compliance provisions.

Specialty contracts are entered into between the City and specialty contractors as defined in Business and Professions Code Section 7058, including Sections 832.02 through 832.62 of Title 16 of the California Code of Regulations.The Contractor

awarded the Contract for services and all Subcontractors must agree to be bound by the CWA during performance of the Agreement. Each Contractor must submit a completed and executed Letter of Assent prior to performance. Contractor shall comply with provisions of the CWA, including without limitation: (i) craft labor hiring practices; (ii) alternative dispute resolution procedures for Site grievances and jurisdictional disputes; and (iii) prevailing wage rate responsibilities. The CWA shall not apply if the City receives funding or assistance from any Federal, State, local or other public entity for the Project if a requirement, condition or other term of receiving that funding or assistance, at the time of the awarding of the contract, is that City not require, contractors, subcontractors or other persons or entities to enter into an agreement with one or more labor organization or enter into an an agreement that contains any of the terms of the CWA. Public Works projects not covered by the CWA shall be subject to the prevailing wage requirements of the California Uniform Public Construction Cost Accounting Act which has been adopted by the City.

21. Workers’ Compensation Insurance
California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

22. Nondiscriminatory Employment
Contractor shall not unlawfully discriminate against any individual based on race, color, religion, nationality, gender, sex, sexual orientation, age or condition of disability. Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all statutes and local ordinances and regulations.

23. Debarred, Suspended or Ineligible Contractors
Contractor shall not be debarred throughout the duration of this Agreement.

Contractor shall not perform work with debarred subcontractors pursuant to California Labor Code Section 1777.1 or 1777.7 or any other federal of State law providing for the debarment of contractors from public works. If the Contractor of any Subcontractor becomes debarred or suspended during the duration of the Project, the Contractor shall immediately notify the City.

24. Compliance with Laws
Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs pursuant to this Agreement.

25. Payment Bond
Contractor shall obtain a payment bond in an amount that is not less than the total compensation amount of this Agreement, and nothing in this Agreement shall be read to excuse this requirement. The required form entitled Payment Bond (Labor and Materials) is attached hereto as Exhibit E and incorporated herein by this reference.

26. Substitution of Securities
Pursuant to Public Contracts Code Section 22300, Contractor shall be allowed to substitute securities for any moneys withheld by the City to ensure performance under the Agreement, unless, federal regulations or policies, or both, do not allow the substitution of securities. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in this state as the escrow agent, who shall then pay those moneys to the Contractor. Upon satisfactory completion of the Agreement, the securities shall be returned to the Contractor.

27. Contractor’s Representations
Contractor represents, covenants and agrees that: a) Contractor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in this Agreement; b) there are no obligations, commitments, or impediments of any kind that will limit or prevent its full performance under this Agreement; c) there is no litigation pending against Contractor, and Contractor is not the subject of any criminal investigation or proceeding; and d) to Contractor’s actual knowledge, neither Contractor nor its personnel have been convicted of a felony.

28. Conflicts of Interest
Contractor agrees not to accept any employment or representation during the term of this Agreement or within 12 months after completion of the work under this Agreement which is or may likely make Contractor “financially interested,” as provided in Government Code Sections 1090 and 87100, in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Agreement.

29. Third Party Claims
City shall have full authority to compromise or otherwise settle any claim relating to this Agreement at any time. City shall timely notify Contractor of the receipt of any third-party claim relating to the Agreement. City shall be entitled to recover its reasonable costs incurred in providing this notice.

30. Non-Assignability; Subcontracting
The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement.

Contractor shall not assign or transfer any interest in this Agreement nor any part

thereof, whether by assignment or novation, without City’s prior written consent.

Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of present ownership and/or control of Contractor. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. Any purported assignment without written consent shall be null, void, and of no effect; and Contractor shall hold harmless, defend and indemnify City and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from or relating to any unauthorized assignment. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder with the express consent of the City.

31. Applicable Law
The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California’s choice of law rules. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court.

32. Attorneys’ Fees and Costs
If either party to this Contract is required to initiate or defend or made a party to any action or proceeding in any way connected with this Contract, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

33. Titles
The titles used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it.

34. Authority
The persons executing this Agreement on behalf of Contractor warrants and represents that they have the authority to execute this Agreement on behalf of Contractor and have the authority to bind Contractor to the performance of its obligations hereunder.

35. Integration; Amendment
It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing.

36. Incorporation by Reference
All Exhibits attached hereto are incorporated herein by reference. The documents, payment and performance bonds, City insurance requirements, Community Workforce Agreement, together with this written Agreement (and all Exhibits, documents and laws referenced therein), shall constitute the entire agreement between the parties as to the subject matter of this Agreement. In the event of any conflict between this Agreement and any Exhibit hereto, the provisions of this Agreement shall control.

37. Entire Agreement
This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement.

38. Construction
In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted this Agreement or who drafted that portion of this Agreement.

39. Non-waiver of Terms, Rights and Remedies
Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.

40. Notice
Except as otherwise required by law, any notice or other communication authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor’s or City’s regular business hours or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses listed below, or at such other address as one party may notify the other:

To City:

Public Works Deputy Director / City Engineer
City of Pico Rivera
6615 Passons Blvd
Pico Rivera, CA 90660

To Contractor:

The address listed in Exhibit B.

41. Counterparts
This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

42. Severability
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year first above written.
”CITY” “CONTRACTOR”

CITY OF PICO RIVERA
________________________________ __________________________________ Monica Sanchez, Mayor
Dated: __________________________ Dated: ____________________________ ATTEST: APPROVED AS TO FORM:
________________________________ __________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney APPROVED AS TO CONTENT:
________________________________
Public Works Director
Exhibit A – Scope of Services Page 1 of 5

EXHIBIT A

SCOPE OF SERVICES

1.0 SCOPE OF WORK

1.1 Contractor Minimum Work Performance Percentage: CONTRACTOR shall perform, with his own organization. CONTRACTOR shall not assign, subcontract, sell, or otherwise transfer its interest or obligations in this AGREEMENT without prior written consent of CITY.

1.2 CONTRACTOR will provide HVAC maintenance services necessary to keep HVAC equipment in good working order which include but is not limited to:

1.2.1 Test and inspect equipment to determine its operating condition and efficiency. Tests include but are not limited to, excessive vibration, refrigerant charge, oil levels, safety controls, worn or failed parts, leaks.

1.2.2 Inspect, clean and replace air filters and/or frames.

1.2.3 Preventative maintenance including but not limited to clean, align, calibrate, tighten, adjust, lubricate and paint equipment to extend and ensure proper operating conditions. All components, parts and supplies required to keep the equipment operating properly and efficiently are to supplies by CONTRACTOR.

1.2.4 Repair and replace any broken, worn or doubtful components or parts.

1.2.5 Respond to trouble calls including unscheduled work resulting from abnormal conditions. Service personnel shall be available within 24 hours of service request by CITY.

1.2.6 Make recommendations for system upgrades/replacements beyond normal maintenance.

1.2.7 Prevailing Wage, it shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of Pico Rivera. It shall further be the responsibility of the Vendor to monitor the prevailing wage rates as established by appropriate department of labor for any increase in rates during the term of this contract and adjust wage rates accordingly

1.2.8 Vendor accepts all equipment “as is” and will replace equipment at Vendors cost.

Exhibit A – Scope of Services Page 2 of 5

2.0 UNIFORMS AND IDENTIFICATION BADGES

2.1 The Bidder shall ensure that their employees are appropriately identified.

2.2 The Bidder shall ensure that every on-duty employee wears a visible photo identification badge identifying the following: employee name, physical description, and Bidder’s name. Such badge shall be displayed on employee’s person at all times when he/she is on City designated property.

2.3 Employees assigned to City facilities shall wear an appropriate uniform shirt at all times. The uniform shirt must display the Bidder’s name.

3.0 MATERIALS AND EQUIPMENT

3.1 The Bidder is responsible for purchasing all materials and equipment to provide the needed services of the City facilities.

3.2 The Bidder shall use equipment that is commercial grade, safe for the environment, and safe for use by the employee.

3.3 The Bidder is required to keep all equipment used to maintain the City facilities in a safe and operable manner. All equipment shall be checked daily for safety.

3.4 Bidder shall display a sign indicating Bidder’s name and license number on both sides of all maintenance vehicles. The City shall approve all signs.

3.5 City will not provide any storage facilities for the Bidder for materials and equipment.

3.6 City will pay for the maintenance related water and electrical utilities.

4.0 CONTACT INFORMATION

4.1 The Bidder is required to maintain an office and provide the telephone services so that all calls from the City have no toll charge. If a telephone answering service is utilized, the answering service shall be capable of contacting Bidder by radio or cell phone. Bidder is further required to provide the City with a 24-hour emergency number for contact outside normal working hours. In response to a call from the City, Bidder shall respond within 2 hours.

5.0 SAFETY

5.1 The Bidder agrees to perform all work outlined in this Scope of Work in such a manner as to meet all accepted standards for safe practices during maintenance operations and to safely maintain and operate all equipment, machines, and materials consequential or related to the work; and is solely responsible for complying at all times with all local, County, State, Federal, or other legal requirements including, but not limited to, California Exhibit A – Scope of Services Page 3 of 5
Department of Food and Agriculture, O.S.H.A. Orders, Department of Transportation Drug and Alcohol testing provisions, CalTrans Traffic Control Manuals, and APWA Traffic Control Handbook, so as to protect all persons, including Bidder’s employees, agents of the City, vendors, members of the public, and others from foreseeable injury to themselves or damage to their property. Bidder shall inspect all hazards and potential hazards in maintained areas and keep a log indicating the date inspected and action taken.

5.2 It shall be the Bidder’s responsibility to inspect and identify any practices and conditions that render any portion of the maintained areas unsafe. The City shall be notified immediately of any unsafe conditions that require major correction. Bidder shall be responsible for making minor corrections.. Bidder shall cooperate fully with City in the investigation of any accidental injury or death occurring in any of the maintained areas, including a complete written report thereof to the City within five (5) days of the injury or death.

6.0 EMERGENCY PROCEDURES

6.1 The Bidder shall immediately report any emergency situations such as vandalism, broken equipment, etc., by calling the following:

6.2 During business hours, the Bidder shall contact the City’s Public Works Department at (562) 801-4415.

6.3 After-hours, the Bidder shall contact the Public Works Stand-by Employee at (562) 755-0768.

7.0 HOURS AND DAYS OF SERVICE

7.1 Maintenance service may be conducted between the hours of 6:00 a.m. and 4:30 p.m. on those days maintenance is to be provided pursuant to the work schedule approved in advance by the City.

7.2 Eight (8) hours of labor shall constitute a legal day’s work for all workers employed in the execution of this Contract and the Contractor and any subcontractor under him/her shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 2 of the Labor Code of the State of California as amended.

7.3 Within ten (10) days of the effective date of the Contract, Bidder will be requested to submit a work schedule to the City for approval. When actual performance differs substantially from previously scheduled work, the Bidder shall submit for approval a revised schedule within five (5) working days.

Exhibit A – Scope of Services Page 4 of 5

7.4 Emergency Response: CONTRACTOR shall provide the name and contact information of a representative who shall be available 24 hours a day, 7 days a week, in the event of an emergency. During the emergency, CONTRACTOR shall provide CITY with all available supplies, materials, equipment and/or services on a priority basis, and pursuant to the Resource Conservation and Recovery Act (RCRA). CITY expects emergency response by CONTRACTOR to occur within two (2) hours of order placement and may be required during evenings, weekends, and holidays.

Time is of the essence for response during emergency situations.

Emergency site location(s) and estimated arrival time will be mutually agreed upon if possible based on the circumstances of the emergency, by CITY and CONTRACTOR, at time of order and will be determined based on need and existing conditions. It is understood that current conditions, such as power outages, road closures, and damages to CONTRACTOR'S facility and/or equipment, will be taken into consideration.

8.0 GENERAL CONDITIONS

8.1 The foreman shall prepare and submit to the Director of Public Works, or his designee(s), a weekly report. The weekly report shall indicate the overall condition of the maintained areas and shall list specifically any unusual or problem areas/situations. The report shall also include action to be taken by the Bidder to rectify said situation and indicate the anticipated time frame for compliance.

8.2 The Bidder shall schedule operations so as not to interfere with the public’s use of the maintained areas. Bidder shall conduct its operations so as to provide the maximum safety for the public and to offer the least possible obstruction and inconvenience to the public, or disruption to the peace and quiet of the area around which the services are performed.

8.3 If any person employed by the Contractor or any subcontractor shall fail or refuse to carry out the directions of the Director of Public Works, or his designee(s), or is in the opinion of the Director, incompetent, intemperate, or disorderly; or uses threatening or abusive language to any person on the work site; or is otherwise unsatisfactory, he shall be discharged from the project immediately, and shall not again be employed on the work except with the written consent of the Director of Public Works or his designee(s).

Bidder shall transfer or discharge any such person within a reasonable time following notice therefore from the Director and such person shall not be employed at any other area maintained by the Bidder for the City except with the written consent of the Director.

8.4 The Bidder shall not post advertising signs and banners within the maintained areas. All traffic control and public safety signs used by the Bidder shall be kept free of graffiti at all times.

Exhibit A – Scope of Services Page 5 of 5

9.0 DAMAGE

9.1 All damages incurred to existing facilities by the Bidder’s operation shall be repaired or replaced at the Bidder’s expense.

9.2 All repairs will be performed by the City and the Bidder shall reimburse the City for the value of the repair.

10.0 EXTRAORDINARY REPAIRS

10.1 Any extraordinary incident such as vandalism, acts of God, and third party negligence which has or will affect any maintained area and is within the scope of the Bidder’s responsibilities, shall be documented by Bidder by a phone call, photographs, and/or written statement, and documentation shall be given to the City within eight (8) hours. Bidder is not responsible for reporting or documenting graffiti. Bidder shall perform the above documentation upon discovery of extraordinary incidents.

10.2 The City may, at its discretion, when it learns of the need for extraordinary repairs, direct the Bidder to perform necessary repairs and replacements in accordance with the following: Bidder shall submit a written estimate for the cost of performing such work to the City. City may upon review and approval of such estimate, authorize Bidder to perform said work by the issuance of a written work order. Upon completion of the work, Bidder shall submit a bill to the City.

EXHIBIT B
CONTRACTOR’S PROPOSAL
A. Cover Page
JUL
2022
5 HVAC Maintenance
Services Proposal
Presented to:

Jose J. Gutierrez
Field Services Manager
City of Pico Rivera
Department of Public Works
RFP HVAC Maintenance Services
6615 Passons Blvd.

Pico Rivera, CA 90660
Presented by:

Theresa Wapato
Business Development Manager
ABM Building Solutions, LLC
ABM's safety culture is reinforced through a Moment For Safety, released daily to the entire enterprise.

Each ABM meeting, internal or external, is started with a moment for safety. We owe it to our employees and customers to ensure that safety is at the top of everyone’s mind every day.

ABM Building Solutions, LLC
Theresa Wapato
Business Development Manager
14201 Franklin Avenue
Tustin, CA 92780
949.510.0218 (Cell)
[email protected]
NYSE: ABM www.abm.com
July 5, 2022
City of Pico Rivera
Department of Public Works
RFP HVAC Maintenance Services
6615 Passons Blvd.

Pico Rivera, CA 90660
Dear Mr. Gutierrez,
ABM Building Solutions, LLC (ABM) is pleased to provide this proposal to the City of Pico Rivera for maintenance and repair of HVAC equipment at various city facilities. ABM provides the convenience of a single point of contact for all locations in the City Portfolio delivered through the ABM network of highly skilled local HVAC Service Providers.

ABM “White Glove” Account Management provides the city and local facility managers with:
• Product Neutrality - ABM does not manufacture or represent products, so every solution is based on the individual need and the best technical solution available from the industry. • Procurement Leverage - As one of the world’s largest mechanical and facility services providers we have negotiated national purchasing agreements with all major manufactures of energy related equipment. These agreements assure as many dollars as possible reach the improvement needs. • Ongoing Support - ABM is a service contractor. This is why we are uniquely qualified in the existing buildings market to provide not only energy retrofits but also comprehensive service agreements to maximize equipment life expectancy and energy efficiency. • Consistent Service Delivery - Providing quality preventive maintenance is a reoccurring cost savings model that ABM clients have thrived on because it is sustainable over time. ABM is part of the Linc Service network, and our clients benefit from a perfected operating system that has been tested and proven for over 40 years.

As we have with every past client, ABM will meet and exceed your expectations with our dedicated personnel, innovative processes and technology, and commitment to client satisfaction. Our entire organization stands behind this response and all of the commitments made to the City.

If there is any additional information I might provide, please don’t hesitate to call or write. All of us at ABM are ready to put our solutions to work for you.

Please accept this Letter of Transmittal confirming that ABM Building Solutions, LLC has read and will comply with all terms and conditions of the RFP.

Sincerely,
Theresa Wapato
Business Development Manager
Vishal Gupta
Senior General Manager
This page intentionally left blank.

B. Table of Contents
A. Cover Page............................................................................................................................................... 1 B. Table of Contents ..................................................................................................................................... 3 C. Executive Summary.................................................................................................................................. 9 D. Questionnaire ......................................................................................................................................... 11

1. Company and General Information ..................................................................................................... 11

2. Qualifications and Experience of the Firm........................................................................................... 12

3. Qualifications and Experience of Proposed Service Team................................................................. 22

4. Questions/Response to Scope of Services ......................................................................................... 30

5. References .......................................................................................................................................... 40

6. Firm’s Performance History ................................................................................................................. 41

7. Certificate(s) of Insurance ................................................................................................................... 43

8. Contract Exceptions ............................................................................................................................ 46 E. Attachments............................................................................................................................................ 49

1. Signed Non-Collusion Affidavit............................................................................................................ 49

2. Signed Contractor’s Acknowledgement of Compliance with Insurance Requirement ........................ 49

3. Signed Certification of Proposal .......................................................................................................... 49

4. To be provided upon award of contract: Payment Bond (Labor and Materials) Form ........................ 49

5. Completed Proposed Fee Schedule Form.......................................................................................... 49 This page intentionally left blank.

H V A C M A I N T E N A N C E S E R V I C E S
City of Pico Rivera C. Executive Summary
4 Information Requested of Proposers
Company Qualifications
This page intentionally left blank.

H V A C M A I N T E N A N C E S E R V I C E S
City of Pico Rivera C. Executive Summary 9
C. Executive Summary
Achieving the City of Pico Rivera’s objectives
When the City of Pico Rivera works with ABM, you gain instant access to a national network of technical and engineering experts with experience in all aspects of building maintenance and repair.

Our people are leaders in their respective fields, many of whom hold professional engineering and design degrees, contractors licenses, critical systems expertise, LEED AP and other accreditations and certificates. Our structure ensures you continually receive best-in-class service to improve your operations.

To address these challenges, we rely on our strong infrastructure Southern California included in this RFP. Upon further
collaboration with the City, ABM will select a talented team of HVAC and Mechanical experts to lead the operation.

Lower Operating Costs
Our nationally negotiated contracts for equipment and supplies allows The City of Pico Rivera to capitalize on our purchasing power.

We know how much it costs to maintain a property’s assets.

We proactively manage these costs against industry and ABM best practice benchmarks.
• Transparent cost models for labor, materials, and fees • Tight financial fee structure against industry standards • Ongoing analysis for continued optimization of service and spend
Quality & Metrics Tracking
Our Alliance CMMS tool provides relevant performance history and accurately record data as to the level of service performed.

This system reduces administrative dependency to input manually collected inspection data.

Alliance generates real-time reports and provides trended statistical analysis from which fact-based operational decisions can be determined and affirmed.
• Customized dashboard
• Regular, automated reporting
• Effectively analyze and extract necessary information to maintain service performance
ABM is a national HVAC
company with brandagnostic expertise and
the capacity to protect
your assets, reduce
capital expenditures,
and realize energy
savings.

We provide the
commercial heating and
cooling solutions to
keep your systems
running efficiently,
effectively, safely, and
sustainably, so you can
boost the performance
of your facility and
everyone who works
inside.

H V A C M A I N T E N A N C E S E R V I C E S
City of Pico Rivera C. Executive Summary 10
Dedicated Local Support
A single operational point of contact for the
account will ensure consistent and uniformed
collaboration as well as a dedicated focus to
your business. Agreed-upon and clearly-defined
Key Performance Indicators (KPIs) provide a
clear view of our service performance.

Quarterly Client Business Reviews (QCBRs) for
our strategic accounts ensure our team is
meeting performance, safety, and fiscal
requirements. We have a local branch within
25 miles of The City of Pico Rivera.
• Single point of contact
• Defined KPIs and QCBRs
• Local support
Sustainability
Our GreenCare® program promotes a healthier
environment for your building occupants and
reduces environmental harm. We publicly
disclose our sustainability efforts through an
annual Corporate Sustainability Report,
participate in the Carbon Disclosure Project, and
actively support the United Nations Global
Compact.

Through ABMCares, we take care of the
communities where we work. To further this
goal, we offer our management and staff
employees a matching program for charitable
donations and paid days off to volunteer.
• Meet sustainability initiatives
• Community involvement
WHY ABM?
Core Business
We are the only organization fully dedicated to
facilities maintenance. This is our core business
which allows us the ability to act as an extension
of The City of Pico Rivera’s facilities team.

Self-Performance
We self-perform more services than any of our
competitors—delivering greater service quality,
safety, and compliance—at a lower cost. This
model ensures business continuity with service
delivery back-up to our account dedicated team
from our variable technical solutions and
specialty services groups.

Support Network
ABM is the only global facilities management
organization with a fully established “built-in”
support network with Specialty Services,
Technical Solutions, Branch Network and OnDemand vendor management platform.

The ABM Way
Our Operations Playbook strengthens site
operations by formalizing and communicating
corporate standards that reduce liability due to
non-compliance and allow the organization to
internally benchmark best practices based on
agreed upon Key Performance Indicators (KPIs).

ABM is proud to take care of the
people, spaces and places that are
important to you.

H V A C M A I N T E N A N C E S E R V I C E S
City of Pico Rivera D. Questionnaire
11 D. Questionnaire

1. Company and General Information
a. Company name and address.

ABM Building Solutions, LLC, 14201 Franklin Avenue, Tustin, CA 92780; a wholly owned subsidiary of ABM Industries, Inc.
b. Letter of transmittal signed by an individual authorized to bind the respondent, stating that the respondent has read and will comply with all terms and conditions of the RFP.

Please see page two (2) of this proposal for the signed Letter of Transmittal confirming that ABM Building Solutions, LLC has read and will comply with all terms and conditions of the RFP. c. General information about the primary contact who would be able to answer questions about the proposal. Include name, title, telephone number and email address of the individual.

Primary Contact
Judy Bejines
Contractor Representative 714.478.1328 | [email protected] Responsible for planning, coordinating, directing and supervising personnel, subcontractors and vendors ensuring they complete work on time and within budget, for multiple small to multi-million-dollar projects with safety, quality, integrity, and client satisfaction. Provide hands-on job site installation as required.

Redeem operating unit gross profit objectives through leadership and management of staff while meeting contractual commitments to customers in a timely, high-quality manner.

Experience:
• ABM Service Manager since 2020
• Siemens Client Service Manager 2012-2020
• Has been in the HVAC industry since 1998
• LEED Green Associate
• Bachelor’s Degree in Business Management

H V A C M A I N T E N A N C E S E R V I C E S
City of Pico Rivera D. Questionnaire 12

2. Qualifications and Experience of the Firm
a. Describe your firm’s history and organizational structure. Include the size of the firm, location of offices, years in business, organizational chart, name(s) of owner(s) and principal parties, and number and position titles of staff.

Company History
Brief history of the company
ABM began as a modest window cleaning
business in San Francisco back in 1909. The
Company enjoyed the next few years growing its
window washing business into a complete
janitorial services company.

In 1920, on the strength of founder Morris
Rosenberg’s strong customer relationships with
several prominent owners of office buildings and
movie theaters on the Pacific Coast, the
company opened offices in Los Angeles,
Portland and Seattle. By 1932 ABM had roughly
1,500 employees, and clients that included
banks, theaters, office buildings, department
stores and one university
By the end of World War II, the company had
opened 17 new offices in the United States and
Canada. New branches included: Dallas, Detroit,
New York, Miami, Houston, Minneapolis and
Toronto.

By the mid-1960’s Ampco Auto Parks became
the newest subsidiary of the company. ABM
then, through acquisition, added a mechanical
services subsidiary, thus becoming an
integrated facilities service provider. In 1994, to
reflect the diversification of American Building
Maintenance Industries into complete facility
services, the company’s name was changed to
ABM Industries Incorporated.

ABM has grown significantly over the past
decade through a focused acquisition strategy.

Over the past few years, ABM has completed
several acquisitions which have strengthened
our international, national and regional service
footprint.

In 2010, the acquisition of the Linc Group
transformed and enhanced our engineering and
energy businesses. In 2012, acquisitions of
Airserv and HHA expanded our services in the
Healthcare and Aviation industries.

Recent acquisitions of GBM in 2014 and
Westway in 2016 expanded our janitorial,
security and engineering services into the United
Kingdom. In September 2017, ABM completed
the acquisition of GCA Services Group. In 2018,
we were named the 44th largest employer of the
Fortune 500.

With just a mop and a bucket, thirty-one-year-old
Morris Rosenberg’s pioneering efforts began an
organization that stands today as one of the
largest and most successful of its kind. His
ambition, hard work, and vision paved the way
to the facility services industry as we know it
today.

H V A C M A I N T E N A N C E S E R V I C E S
City of Pico Rivera D. Questionnaire 13
Strategically Located to Serve You
ABM’s 200+ branch offices are strategically placed to provide experienced local management, reliable supervision and a sustainable, highly skilled support team that will deliver personalized service.

Local Office
14201 Franklin Avenue
Tustin, CA 92780
Corporate Headquarters
One Liberty Plaza, 7th Floor
New York, NY 10006
18+ countries
150+ electrical &
mechanical contractors

H V A C M A I N T E N A N C E S E R V I C E S
City of Pico Rivera D. Questionnaire 14
ABM Corporate Structure
Executive Team
Local and Regional Support
Organizational Chart

H V A C M A I N T E N A N C E S E R V I C E S
City of Pico Rivera D. Questionnaire 15
Majority Ownership
ABM Industries, Inc. is a publicly held corporation. ABM’s common stock is traded on the New York Stock Exchange under the symbol "ABM”. As of February 1, 2022 (close of Q1), the top 5 shareholders are:
• BlackRock Fund Advisors (16.07%)
• The Vanguard Group (11.18%)
• State Street Corporation (8.25%)
• ArrowMark Colorado Holdings, LLC. (8.21%)
• Dimensional Fund Advisors (6.29%)
b. What is the primary business of the parent company and/or affiliates? Company Overview
ABM Industries (NYSE: ABM) is a leading provider of custodial services and facility solutions in urban, suburban, and rural areas through stand-alone or integrated solutions. ABM provides comprehensive, custom facility solutions to properties of all sizes – from schools and commercial buildings to hospitals, data centers, manufacturing plants and airports.

Electrical
20,000+ EV charging ports
installed
Energy
30% average reduced
energy use
Facilities Engineering
3,800+ certified engineers
HVAC & Mechanical
70,000+ heating and cooling
systems
Janitorial
4B+ sq. ft. cleaned each day
Landscape & Turf
55,000+ acres of
landscaping and golf courses
Mission Critical
35M+ sq. ft. of data center
space
Parking & Transportation
$2B+ in parking revenue
collected
At a Glance
Our shared values help
us make a difference,
every person, every
day.

At ABM, we make a
difference in three
ways: by taking care of
our team members,
our clients and our
communities.
• Founded in 1909
• 23K+ Clients
• 5B+ Square
Footage
• $7B+ in Revenue
• 100K+ Team
Members

H V A C M A I N T E N A N C E S E R V I C E S
City of Pico Rivera D. Questionnaire 16
c. Which office(s) of your organization will have primary responsibility for managing this account? List the members of your team who will be responsible for providing the services and for ongoing support.

Key Staff
Service & Project
Manager
Judy Bejines
Plan, coordinate, direct and
supervise personnel,
subcontractors and vendors
ensuring they complete work
on time and within budget, for
multiple small to multi-milliondollar projects with safety, quality, integrity, and client
satisfaction.

Provide hands-on job site
installation as required.

Redeem operating unit gross
profit objectives through
leadership and management
of staff while meeting
contractual commitments to
customers in a timely, highquality manner.

Judy will be the primary
contact person for this
contract.

The City of Pico Rivera’s
Service Delivery Team
will be working from
the office located at
14201 Franklin Avenue,
Tustin, CA 92780
949.330.1550
Site Supervisor &
Lead Technician
Eduardo Palomino
Provide technical support,
jobsite leadership and
management to assure a
competent, highly qualified
work force redeems customer
commitments in a
professional, high-quality and
timely manner.

Troubleshoot, repair,
maintain, and install HVAC
and related equipment as
assigned.

Assume day to day
coordination of specific
agreements or projects as
assigned to assure
contractual commitments are
met in a timely, cost-effective
manner.

Account Manager
Theresa Wapato
Provide comprehensive
proposals based upon job
walks and / or client provided
engineered drawings.

Works with clients to provide
solutions that both meet their
needs and their budget.

Help prioritize and schedule
HVAC maintenance.

Oversee the scheduling of
kick off meeting between
client and ABM project
personnel.

Senior General
Manager
Vishal Gupta
Meet planned growth, profit,
maintenance base and
customer retention goals
through leadership and
management of staff.

Implement the Linc System®
while redeeming customer
obligations in a timely, costeffective, high-quality
manner.

Lead Technician
Sean Holmes
Troubleshoot, repair,
maintain, and install HVAC
and related equipment as
assigned.

Assume day to day
coordination of specific
agreements or projects as
assigned to assure
contractual commitments are
met in a timely, cost-effective
manner.

H V A C M A I N T E N A N C E S E R V I C E S
City of Pico Rivera D. Questionnaire 17
d. What is your firm’s experience conducting the services requested? Describe comparable projects performed by your firm in the last five years, including the number of projects, scope of service, and status of projects.

Technical Expertise
With an average of 40 years’ experience, the ABM team of professionals has the knowledge and background to provide quality installations, preventive maintenance, and service for all types of mechanical systems. We’re a full-service mechanical contractor with an outstanding reputation for quality,
responsiveness and a make-it-happen attitude.

ABM provides design/build, installation, replacement,
maintenance, service and repair of various HVAC and mechanical systems. Services include comprehensive coverage ranging from turnkey installations through fully guaranteed contracts.

Capabilities include installing and servicing complete mechanical systems as large as 14,000 tons.

Our technicians are factory trained and we service all types of equipment including: Liebert, Stulz, Data Aire, McQuay, Trane, APC/Schneider, York/JCI, Daikin McQuay, AAON, ABB and
Danfoss. We hold numerous certifications and licenses, and our technicians have various levels of security clearances.

Our Unique and Proven Solutions Help Clients:
• Reduce owning and operating costs
• Improve equipment reliability and uptime
• Increase building comfort and indoor air quality
• Enhance responsiveness and service
• Increase energy efficiency, safety and sustainability HVAC & Mechanical
Services
• 40+ years providing
HVAC and mechanical
services
• 500,000+ heating and
cooling systems
maintained
• 24/7 emergency
support service
• 50% of Fortune 500
companies rely on ABM

H V A C M A I N T E N A N C E S E R V I C E S
City of Pico Rivera D. Questionnaire 18
Past Experience with Similar Projects
ABM is a national HVAC company with brand-agnostic expertise and the capacity to protect your assets, reduce capital expenditures, and realize energy savings. We provide the commercial heating and cooling solutions to keep your systems running efficiently, effectively, safely, and sustainably, so you can boost the performance of your facility and everyone who works inside.

Projects:

Staar Surgical
1911 Walker Ave. Monrovia CA 91016
Julius Davis 626-303-7902
[email protected]
$290,000
Monthly Guaranteed Maintenance and Projects
for unit replacements
PM Jay Barthel
Techs-Tom Simpson
Raytheon Technologies
1901 Hughes Parkway, Fullerton, CA
John Jeanblanc 714-681-6444
[email protected]
Refurbish of Air Handlers, new CHW coils,
motors, VFDs, bearings and pulleys.
$574,104
Tech - Jeremy Hanna
Inland Empire Health Plan
10801 6th Street
Rancho Cucamonga, CA 91730
Rene Alcala – 909-481-9384
[email protected]
HVAC and Lighting Projects, HVAC
Preventative Maintenance
$700k
ABM Project Manager: Jay Barthel
03/2021 - Current
Tech - Eduardo Palomino
Omni Trans Transportation
John Gensel 909-379-7190
[email protected]
HVAC Full Coverage preventative
maintenance, repairs, emergencies
$680,527
1/1/2018- Current
Tech Eduardo Palomino, Tom Simpson, Troy
Harper, Sean Holmes
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
Michael B. O’Kelly – 562-806-7702
[email protected]
Package unit and Split System replacements

2.2 Million
12/2021
Techs - Jeremy Hanna, Oliver Ortiz, Eduardo
Palomino, Sean Holmes
Also recently have obtained the
following contracts:

OC Public Works – JOC Contract
City of San Bernardino – JOC Contract
John Wayne Airport – HVAC Service and
Maintenance
OCIT – OC Public Works – Subordinate
Agreement –
Contact Names are available upon request.

H V A C M A I N T E N A N C E S E R V I C E S
City of Pico Rivera D. Questionnaire 19
e. Statement of firm’s license numbers, types, and expiration dates including, at minimum, the following:

State of California Contractor’s License
C-20 LICENSE
Contractor's License Detail for License # 976012

H V A C M A I N T E N A N C E S E R V I C E S
City of Pico Rivera D. Questionnaire 20
Current DIR Registration

H V A C M A I N T E N A N C E S E R V I C E S
City of Pico Rivera D. Questionnaire 21
f. Comment on other areas that may make your firm different from your competitors.

Proposed Innovations
Utility and Value-Added
Engineering
ABM partners with BuildingAdvice® to
measurably reduce the cost of your facility
operations and your carbon footprint. The
key to achieving these objectives is
efficiently extracting information from the
building and using data analytics to
continuously uncover savings opportunities.

Using market and technological
advantages, BuildingAdvice’s proprietary
process enables us to partner with clients at
either the inception or renewal of a contract
to establish baselines against which we will
measure performance versus mutually
defined Key Performance Indicators (KPIs).

ABM will have access to cloud-based
applications to securely and efficiently enter
client building data. Minimal data will be
needed. After gathering and entering client’s
initial building data, a concise, graphic
oriented OC&EI Preliminary Baseline
Report will automatically be generated that
facilitates a preliminary review of the
baselines against which ABM and the
County will be monitoring progress over the
course of the year.

As the end of the contract year approaches,
ABM will be able to update the building
account and generate an OC&EI Annual
Impact summary comparing the baseline to
year end performance.

Energy Use
Intensity
Energy Spend
Cost of Ops
Reduction
Environmental
Impact

H V A C M A I N T E N A N C E S E R V I C E S
City of Pico Rivera D. Questionnaire 22

3. Qualifications and Experience of Proposed Service Team a. Describe the qualifications of staff proposed for the assignment, position(s) in the firm, and types and amount of equivalent experience. Be sure to include any municipal agencies they have worked with in the past three years and their level of involvement. A description of how overall supervision will be provided should be included.

HVAC Personnel Job Descriptions
Site Supervisor
Provide technical support, jobsite leadership and
management to assure a competent, highly
qualified work force redeems customer
commitments in a professional, high-quality and
timely manner. Provide hands-on job site
installation as required.

Service Manager
Redeem operating unit gross profit objectives
through leadership and management of staff
while meeting contractual commitments to
customers in a timely, high-quality manner.

Project Manager
Plan, coordinate, direct and supervise
personnel, subcontractors and vendors ensuring
they complete work on time and within budget,
for multiple small to multi-million-dollar projects
with safety, quality, integrity, and client
satisfaction. Provide hands-on job site
installation as required.

General Manager
Meet planned growth, profit, maintenance base
and customer retention goals through leadership
and management of staff. Implement the Linc
System® while redeeming customer obligations
in a timely, cost-effective, high-quality manner.

Lead Technician
Troubleshoot, repair, maintain, and install HVAC
and related equipment as assigned. Assume
day to day coordination of specific agreements
or projects as assigned to assure contractual
commitments are met in a timely, cost-effective
manner.

Service Technician
Troubleshoot, repair, maintain, and install HVAC
and related equipment as assigned. Assume
day to day coordination of specific agreements
or projects as assigned to assure contractual
commitments are met in a timely, cost-effective
manner.

Installer
Install, retrofit, and replace HVAC and related
equipment as assigned in a timely, high-quality
manner.

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b. Identify and provide the resume(s) of the personnel who will be assigned to this contract.

Theresa Wapato
Current Job Title: Business Development Manager
Job responsibilities: oversee project(s) as follow:
• Provide comprehensive proposals based upon job walks and / or client provided engineered drawings • Works with clients to provide solutions that both meet their needs and their budget. • Help prioritize and schedule HVAC maintenance
• Oversee the scheduling of kick off meeting between client and ABM project personnel • Follow project progress from job walk to close out to ensure that project was performed in a satisfactory fashion. If there are any issues, work to resolve.

Number of years of experience: 14+ years
Employment History: ABM Building Solutions – May 2008 – Present Judy Bejines
Current Job Title: Service Manager
Job Responsibilities:
• Plan, coordinate, direct and supervise personnel, subcontractors, and technicians. • Work with client to help prioritize items that need to be addressed. • Oversee the account and work with the ABM team members and the Client to ensure the contract commitments are being met.

Number of years of experience: 24 years
Employment History: Siemens Client Service Manager 8 years, ABM Building Solutions 2 years Vishal Gupta
Current Job Title: Senior General Manager
Job Responsibilities:
• Responsible for P & L for the operation of the branch • Direct and Supervise Branch personnel including technicians • Mechanical Engineer in State of California. Lic#M30423 • LEED Green Associate – ASHRAE Member
• Oversees Sales and approved proposal generation and execution of the work Number of years of experience: 28 years
Employment History: Johnson Controls, Sunbelt Controls, Siemens Industry, ABM Building Solutions, LLC., 2020 to Present

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Jay Barthel
Current Job Title: Project Manager
Job responsibilities: oversee project(s) as follow:
• Review project scope of work / drawings
• Issue submittals for review and approval
• Perform client kick off meeting for project overview and details • Provide project schedule
• Monitor project progress and provide updates to client • Provide project close out and review / resolve punch list items • Provide project close out documents
Number of years of experience: 32+ years
Employment History: ABM Building Solutions – October 2020 – present Cory Hanna/ Local 250
Current Job Title: Field Supervisor, Project Superintendent, Field Foreman Job Responsibilities:
• Field Supervisor for HVAC Maintenance
• Provides technical support
• Responsible for training technicians and training technicians on specific accounts. • Works with the Business Development Managers in putting together recommendations for Client. • Works with clients with their budgeting and prioritizing projects that should be completed.

Number of years of experience: 25+ years
Employment History: ABM Building Solutions, LLC - 2004 to Present Eduardo Palomino/Local 250
Current Job Title: Field Supervisor/HVAC Foreman Technician/Safety Coordinator Job Responsibilities:
• Field Supervisor for HVAC Maintenance
• Provides technical support
• Jobsite leadership
• Troubleshoot, repair, maintain and install HVAC equipment Number of years of experience: 20+ years, ACM Certified, ABB Drive Certified Employment History: ABM Building Solutions, LLC., 2008 to Present

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Tom Simpson/Local 250
• Field Supervisor for HVAC Maintenance
• Provides technical support
• Jobsite leadership
• Troubleshoot, repair, maintain and install HVAC equipment Number of years of experience: 18+ years
Employment History: ABM Building Solutions, LLC., 2014 to Present
c. Describe the firm’s Employee Training and Safety Plan, including:

1. Description of the firm’s internal HVAC maintenance and training program.

Training Program
National Processes for Technicians and
Contractors
Because ABM is a nationally recognized service provider, many of our clients will ask us to design a customized training program supported with an ongoing maintenance offering. No matter the approach you choose, ABM involves your facility staff members over the course of the program, gathering their input through the study, design and construction phases. We ensure that they are both knowledgeable and committed to the success of the program and maintaining the integrity of the new assets.

The manner in which systems are operated can
cause up to a 20% variation in energy usage.

Initial Training
Each team member presently involved in operating or maintaining a process, and each team member before working in a newly assigned process, will be trained in an overview of the process and in the operating procedures. The training will include emphasis on the specific safety and health hazards, procedures, and safe practices applicable to the employee's job tasks.

Refresher & Supplemental Training
At least every three years, and more often, if necessary, refresher and supplemental training will be provided to each maintenance or operating team member to ensure safe operation of the facility. ABM, in consultation with team members involved in operation or maintenance of a process, will determine the appropriate frequency of refresher training.

Structured Training
Programs
• New Energy
Management Systems
• New HVAC Systems
• Lighting Systems
• Automatic Meter
Reading Devices
• Variable Speed Drives
• IR Heating Systems
• Heat Pumps
• Circulating Pumps
• EV Charging Stations

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Training Certification
After the initial or refresher training, ABM will prepare a certification record which contains the identity of the team member, the date of training, and the signatures of the persons administering the training.

Testing procedures will be established by each employer to ensure competency in job skill levels and safe and healthy work practices.

The Training Process
After a specific piece of equipment is installed
and accepted, ABM will provide O&M manuals
to serve as a permanent record and a training
tool. Upon contract award, the City will receive a
proposed training course content agenda and
schedule to approve for the operating program.

Training will begin shortly after the receipt and
approval of these documents by the state.

ABM’s professional training staff, in conjunction
with the equipment manufacturer's personnel, as
appropriate, will train all applicable employees in
the operation, troubleshooting, and maintenance
of each measure installed.

The training includes onsite instruction and
practical application phases. The application
phase consists of giving hands-on training in
one or more locations where the equipment
under study is installed. Maintenance manuals,
as-built drawings, visual aids, and other
customized training documents will be provided.

Comprehensive documentation and systematic
labeling will reinforce the initial training. As part
of the periodic check of the equipment, ABM will
also ensure that it is being operated and
maintained properly.

Typical training sessions account for only a
small portion of the knowledge required for
effectively operating and maintaining the
equipment. For this reason, ABM often
schedules a 30 to 60-day follow-up training
session for each major equipment item or
system. This allows the O&M personnel to have
a good working knowledge of the equipment
operation and provides a follow-up forum to gain
a higher level of understanding.

Ongoing Training
The development of a co-authored, long-term
maintenance and training action plan is
important. We base this plan on the type of
maintenance currently being performed, the
tools that are being used, and the City of Pico
Rivera’s maintenance goals.

Before implementing the plan, ABM will work
with the City to assess the skills of their
maintenance staff. Based on this evaluation, we
will formulate a training program that best suits
the needs of each staff member, which may be a
combination of on-the-job training at each
respective location and formal, offsite classroom
instruction.

Spot Check Program
Our supervisors visit job sites weekly, working
and evaluating site conditions and open
communication to the technicians. Inspecting
what we expect.

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2. Submit safety procedures regarding the firm’s Injury and Illness Prevention Program (IIPP).

Safety Program
Adherence to Industry Safety
Standards
Safety is our top priority. As an energy services
industry leader, ABM works on numerous local
projects and is familiar with local code
compliance. Prior to beginning construction, we
will develop a site safety and health plan
specifically tailored to the job site and the work
to be performed.

Our project managers are responsible for strict
adherence to safety codes to ensure the safety
of all employees, subcontractors, TMS, and
other site personnel. ABM’s contract
administrators and project managers have
attended a recent OSHA Voluntary Compliance
Outreach Program. In the regular project
management meetings that will take place
throughout this job, ECM installation safety will
be among the primary topics.

Our core assumption is that all incidents are
preventable. We are intent on maintaining the
safest possible environment and avoiding any
human tragedy and costly delays that could
result from safety breaches.

Our people are our most important resource,
and we are committed to ensuring that they are
provided with a safe and healthy working
environment. To accomplish this, we provide
routine and site-specific safety training, safe
tools and equipment, and a dedicated staff of
safety representatives.

ABM is one of the safest companies in the
industry, and our safety record is consistently
better than the national average. To achieve
these results, we maintain an extensive safety
program.

Site Specific Safety Program
All ABM field employees receive safety training
upon hire that consists of a:
• Safety Policy Review
• Aerial Lift Training
• Trade-Specific, Hands-On Training
All foremen receive, at a minimum:
• OSHA 10-Hour Training Class
• First Aid
• Cardio-Pulmonary Resuscitation (CPR)
Training
To ensure every project meets our criteria for
safety, our regional safety managers:
• Monitor Safe Production
• Provide Regular Reports That Bring About
Learning Opportunities and Communication
• Conduct Safety Audits at Regular Intervals
to Correct Deficient Items
• Coach Staff on Corrective Measures, And
Issue Formal Reports
• Confirm Our Foremen and Field Crews
Consistently Maintain High Safety
Standards
• Discuss Weekly “Toolbox Talks”
• Conduct Daily Pre-Task Plans
• Inspect Their Areas Daily for Safety Issues
• Stretch-And-Flex Prior To Daily Work with
Their Assigned Crews

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Commitment to Safety
ABM Technical Solutions is committed to excellence in workplace safety. We as a company believe that there is not a job or activity so important that it cannot be accomplished in a safe manner. Safety is one of the highest corporate values and it is our goal that all employees work accident and injury free every day.

Each employee is responsible for their own safety and the safety of fellow employees, our contractors and the public. To accomplish this, ABM Technical Solutions will:
• Work to achieve zero accidents and injuries in all aspects of our business operation. • Conduct all activities responsibly and in a manner that promotes the health and safety of our employees, contractors, customers, and the communities in which we do business. • Assess our safety performance on a regular basis, and at all levels of the Company. • Provide appropriate resources to implement and maintain safety programs and incorporate safety into the business planning process.
• Foster employee wellness through education and employee involvement. • Promote open and proactive communications relative to workplace safety with our employees, contractors, regulatory agencies, public officials, and customers. • Comply with applicable federal, state, and local occupational safety and health laws and regulations in the communities in which we do business.
• Work with suppliers and contractors to ensure that the products and services that they provide meet our safety standards.

Creating a work environment that fosters continuous improvement in the safety of our employees, contractors, customers and communities is a critical element of our business success. All employees have a responsibility to follow all safety protocol, utilize PPE and foster a safe working environment for fellow employees, suppliers and contractors.

Our objective is to provide a clean, safe and healthy working environment for all employees. It is our intention to comply with all safety and health standards that are enforced by local, state and federal authorities. To that end, we will provide engineering controls, administrative controls, personal protective equipment and training to abate and reduce exposure to hazards and prevent injury and illness. We have developed policies, rules, and procedures, which will contribute to the safety of all employees. We expect all employees to work according to good safe practices as posted, instructed, and discussed.

Employees will contribute to the company safety program by following all safety rules, bringing unsafe conditions to the attention of management and recommending actions to improve the effectiveness of the program.

Job Leaders should request that employees observe and follow the regulations that have been put in place to help ensure the safe conduct of work. Leaders should take such action, if necessary, to obtain compliance.

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4. Questions/Response to Scope of Services
a. Describe the methods by which your firm will fulfill the services requested in the Scope of Services and subsequent sections. Include a written description of the proposed software program to be used to manage the City’s HVAC Inventory and firm’s ability to provide accurate inventory updates for all HVACs serviced.

Astea Alliance CMMS
ABM proposes the use of Astea’s Alliance™ to manage maintenance activity and make operations run as smooth as possible. Astea’s Alliance™ Enterprise software provides not only the tools to deliver the level of service your customers expect but also an end-to-end service lifecycle management solution.

The attributes of Astea’s Alliance™ system include:

Smart Scheduling
Real-Time Dispatch
Mobile Work Orders
Client Portal
Appointment Scheduling
Automatic PM Scheduling
Checklists and Inspections
Asset Management
Business Intelligence (BI)
Functionality and Integration

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Equipment and Parts Management
We will use Alliance CMMS systems to manage parts and equipment supplies. Each PM tasking is clearly described with the type of equipment or part to be replaced or serviced. This helps ABM order parts and equipment proactively ahead of time at a better cost instead of a last-minute costly order.

Preventive Maintenance
ABM offers preventive maintenance and repairs for the City’s heating, air conditioning, and electrical power needs. Our program offers fully customized plans for your facility with 24/7 emergency service & repairs included in guaranteed plans.
• Transparent reporting and responsive communications through multi-platform apps • Refrigerant Management & expert training ensure compliance & workplace safety • Indoor Air Quality Testing helps maintain healthy, productive environments for your people • Monitoring & Recording Maintenance Tasks
Upon the completion of setting up the preventive maintenance program, our team assumes operational control. To ensure the proper level of maintenance, we assign each component a criticality factor to ensure the right things get done first. Service Levels and Corrective Action Resolution.

Ongoing Operations and Maintenance
Upon the completion of setting up the preventive maintenance program, our team assumes operational control. To ensure the proper level of maintenance, we assign each component a criticality factor to ensure the right things get done first. Service Levels and Corrective Action Resolution.

Preventive Maintenance (PM) is defined as the practice of performing maintenance and/or repairs prior to failure. Reactive Maintenance (RM) is the practice of repairing equipment in response to a failure (which includes work that could not be predicted and scheduled).

ABM’s goal is to perform a hybrid of a Reliability Centered Maintenance (RCM) program that is the most cost efficient and viable for our client-partner. RCM is a tool used to:
• Focus on the maintenance practices for critical items • Reduce unscheduled downtime
• Eliminate unreliable parts
• Create effective operating strategies
While not a formal part of this bid, ABM uses parts of RCM programs where they can increase efficiencies and cost savings.

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Components of Reliability Centered Maintenance (RCM)
How ABM Works with You
ABM can be a seamless extension of your internal facilities and energy teams; a single point of accountability, support, and expert implementation to ensure reliability and savings. We partner with customers to understand needs and implement strategies to meet organizational goals.

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Equipment, Emergency or
Reactive Repairs, and
Consumable Inventory Control
The parts for emergency or
reactive/unplanned repairs, and
consumables (i.e. oils, filters, cleaning
solutions, water treatment chemicals,
refrigerants, and fuses) inventory is critical
to the facility operation, but too much or too
large an inventory is undesired.

Too much inventory is categorized as
“unproductive” since the sources, or money,
have been consumed/spent. Instead of
boosting production or generating revenue,
these parts and consumables are sitting on
the shelves losing money. On the other
hand, a small or insufficient inventory can
cause unplanned down time and hurt the
operation.

ABM uses “The Right Size Inventory”
approach – a combination of various
techniques and technologies consisting of
the following:

Minimum Inventory Level
For some consumables such as grease,
refrigerants, and chemicals and parts such as
screws, wires, and cables, a minimum inventory
level of 5% or 10% is always kept at the site.

The inventory level is determined based on the
rate of consumption, availability, delivery, and
lead time.

Some chemicals require long delivery/lead time
and complicated regulatory processes (acid,
refrigerants such as R11, R12 – for chillers that
still use R11 or R12, etc.)
In such cases, based on their consumption rate,
an adequate amount is stored at the site in safe
containers/cabinets to make sure that operation
is not interrupted due to their unavailability or
shortage.

Inventory Control Using MTBF / MTBR /
MTBM
The right size inventory level is determined
using Mean Time Between Failures (MTBF),
Mean Time Between Repairs (MTBR), or Mean
Time Between Maintenance (MTBM) data.

For example:
• The inventory level of fan blades for a
cooling tower is determined by MTBF.
• The inventory level of the modulator motors
in control systems is determined by MTBR.
• The inventory level of smoke detectors or
batteries in smoke alarm systems is
determined using MTBM.

Strategic Partnership
The right size inventory control also requires
incorporating strategic partners into the program
and supplying the expendables and
consumables at the best/optimum cost and with
the least interruptions.

Equipment and Tools Management
The right size inventory approach includes
maintaining the right number of tools and
equipment at the site. ABM provides basic tools
to its staff to perform day to day jobs as well as
specialized tools, meters, and equipment if
necessary.

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SCOPE OF WORK
Understanding of the Project Scope
ABM shall perform the work and provide labor, materials, equipment and services in a good and workmanlike manner for HVAC Services, as described in the Service Agreement, the RFP Scope of Work.

HVAC Maintenance Summary
• ABM understands that the City seeks an HVAC service provider for labor, materials and equipment necessary to provide HVAC maintenance and repairs on an “as needed” basis. • Test and inspect equipment to determine its operating condition and efficiency. Tests include but are not limited to, excessive vibration, refrigerant charge, oil levels, safety controls, worn or failed parts, leaks.
• Inspect, clean and replace air filters with MERV-7 filters on an agreed upon frequency. • Preventative maintenance including but not limited to clean, align, calibrate, tighten, adjust, lubricate and paint equipment to extend and ensure proper operating conditions. • Repair and replace broken, worn or doubtful components or parts. • Respond to trouble calls including unscheduled work resulting from abnormal conditions. Service personnel shall be available within 24 hours of service request by CITY. • Make recommendations for system upgrades/replacements beyond normal maintenance. • Make note of any malfunctions and any corrective action taken.

Recommended Actions
To address these challenges, we rely on our strong infrastructure in Southern California.

Upon further collaboration with the City, ABM will select a talented team of HVAC experts to lead the operation.

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PROPOSED APPROACH
Operational Service Concept
ABM’s approach to performing the scope of services is based on the development of a customized plan designed specifically to the requirements of the City.

ABM will self-perform as much of the operations and maintenance work as possible with an internal workforce to the extent that it is cost-effective and efficient. For services outside of our core business, ABM will utilize a formal selection process to assure that the most experienced, cost-effective, and reliable subcontractors are utilized.

Operating manuals provided to ABM’s network of contractor’s detail best practices, policies, programs, and procedures to provide a foundation to improve customer satisfaction through the implementation of the Linc System.

ABM provides:
• State-of-the-art technology that includes comprehensive use of your Alliance Work Order Management System & Energy
Management Profile
• A proactive maintenance program that combines the latest proven corrective, preventive, and predictive maintenance strategies
• Proven HVAC & Mechanical service practices and policies for quality assurance, health and safety, communications, and operations
• Access to subject matter experts and specialists who will support the project on an as-needed basis
Linc Service contractors receive access to a comprehensive library of tools and resources ensuring the City receives the same exceptional level of service in every location.

Tools and Resources:
• CRM System
• Maintenance Pricing System
• Proposal Building Software
• Work Order Management
• Accounting Software
• Financial Performance
Analysis
• Office Management
Software
• Customer Experience and
Performance Management
Systems
• Brand Marketing
• Preferred Vendor Pricing
• Professional Management
And
• Continuing Education
Programs

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Defined Operations and
Maintenance Protocols
During the transition phase our team provides
the client with complete project specific
operations and maintenance protocols outlining
process and procedures for the care and
handling of the systems, to include:
• Standard Operating Procedures (SOPs)
• Preventive and predictive maintenance
checklists
• Staff skills and requirements
• Activity schedules, etc.

These are based on the manufacturers’
Operations and Maintenance manuals and then
tailored to meet the site’s specific needs.

Protocols are written for all aspects of the
systems including mechanical and electrical
components, special interior finishes and
systems, and building controls as applicable.

Having a sound basis in operational
documentation ensures no gaps exist in the
transition from construction to operation.

Alliance Database
The information gathered above is collected,
organized and populated into the computerized
maintenance management system, Alliance,
with all forms of critical information and data
about the systems, associated components and
features.

Information of importance includes equipment
data plate information; equipment, systems and
material manufacturers’ contact information and
manuals, warranty data, protocols, architectural,
structural and MEPS as-builts, and other
essential operating information.

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PROPOSED SCHEDULE
Service Expectations
Upon award of this service agreement, ABM
Building Solutions General Manager, Account
Manager, and Service Manager would meet with
representatives of the City to review and confirm
our understandings of your service expectations.

Items to be reviewed would include:
• Site Safety Plans
• Scheduling of Service Delivery
• Security and Access to Each Facility, Local
Contacts and Sign-In Procedures
• Staging Areas and Material Storage
• Service Tasks per Listed HVAC Equipment
• Documentation on an Exception Basis;
Allows for More Time Doing vs Writing
• Post Delivery Communications
• Communications of Abnormal Situations,
Including Recommendations
• Corrective Actions and Updates
• Day to Day Communications
• Emergency Service Contact and Procedures
• After Hours Access
• Customer C.A.R.E. Program
ABM will build a delivery schedule, using both
the expectations defined in your bid document,
the information collected during the above-noted
meeting and our generally accepted PM
practices as outlined in our Service Tasking
Sheets.

Supplies and tools anticipated for the service
effort will be pre-stocked to maximize the service
technicians productive time at your site. Your
representatives will be notified in advance of any
scheduled service calls to ensure no disruption
of branch operations.

Following service delivery (Planned, Emergency,
or Requested Repair), our service coordinator
will collect all the service reports and relevant
information and transmit to your representative.

Our financial manager will work with your team
to streamline the invoice and payment process
to work best for both our organizations. Your
processes and procedures will be understood by
our team to help facilitate that effort.

Initially, we will ask to meet quarterly to review
the activities of the past quarter, obtain your
feedback and then adjust our behaviors to
account for the information we learn in that
meeting.

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Implementation
ABM will work with the City to execute your implementation plan based on the specific issues and facility requirements. We’ll develop this plan in acute detail as we work with your staff to gain a clear understanding on how our HVAC maintenance team should interface with your staff.

ABM will work in strict accordance with the City’s procedures, rules, and regulations for site orientation and contractor admittance requirements. The safety of your staff and our own personnel is of paramount importance.

Our team will be prepared to implement the preventative maintenance program in a manner that ensures success. We’ll conduct progress meetings, which include an agenda and postmeeting notes provided at your request. Our maintenance team’s level of communication and responsiveness has set a new industry standard and has earned us the respect and appreciation of our clients.

ABM is a licensed mechanical contractor. We avoid the mark-up stacking scenarios shared by our competitors and maximize the full benefit to the City.

Manufacturers
include:
• AutomatedLogic
• Belimo
• Carrier
• De Dietrich
• GE
• Honeywell
• Intellihot
• Lochinvar
• Mammoth
• McQuay
• Phillips
• Trane
• York

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b. Provide a statement of the service(s) that differentiate your firm from other respondents.

ABM Differentiators
Our solution and capabilities are aligned to your goals and objectives and the following differentiators demonstrate why ABM is the best partner for the City of Pico Rivera:

Core Business
Unlike our competitors, we are the only organization fully dedicated to facilities maintenance, not property management or brokerage. This is our core business which allows us the ability to act as an extension of the City’s facilities team.

Self-Performance
We self-perform more services than any of our competitors—delivering greater service quality, safety, and compliance—at a lower cost. Our self-performance model ensures business continuity with service delivery back-up to our account dedicated team from our variable technical solutions and specialty services groups.

Support Network
ABM is the only global facilities management organization with a fully established “built-in” support network with Specialty Services, Technical Solutions, Branch Network and On-Demand vendor management platform.

Preferred Supplier
Even our competitors use us as their preferred supplier for subcontracted HVAC services for their clients. We are a trusted maintenance partner to both owner occupiers and outsource service providers.

Top Talent
We have hundreds of hiring centers across the country that are 100% focused on recruiting top maintenance talent significantly outpacing our competitors.

The ABMWay
Our Operations Playbook strengthens site operations by formalizing and communicating corporate standards that reduce liability due to non-compliance and allow the organization to internally benchmark best practices based on agreed upon Key Performance Indicators (KPIs).

Safety Program
We support our employees through direct onsite training, web-based safety training and customized site-specific training by site supervisors. Our safety training program is designed to meet or exceed OSHA requirements and incorporates best practices from organizations such as the National Safety Council (NSC), National Fire Prevention Association (NFPA), and the American Red Cross.

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5. References
a. List the name, address and telephone number of references from at least five (5) currently active contracts. Include a brief description of the work provided for each reference. California municipal or county agencies are preferred. The references should include the start date for each contract.

OmniTrans Federal Transportation
Contact Person John Gensel
Address 1700 W. 5th Street, San Bernardino, CA 92411
Phone / Email 951.634.2451 / [email protected]
Services Performed an all-inclusive HVAC Service & preventative maintenance agreement at six locations around San Bernardino.

Inland Empire Health Plan
Contact Person Rene Alcala
Address 10801 6th Street, Rancho Cucmaonga, CA 91730
Phone / Email 909.481.9384 / [email protected]
Services HVAC and Lighting Projects, HVAC Preventative Maintenance.

Raytheon Technologies
Contact Person John Jeanblanc
Address 1901 Hughes Parkway, Fullerton, CA 92834
Phone / Email 714.681.6444 / [email protected]
Services Refurbishment of 7 air handling units, new chilledwater coils, motors, VFD’s, bearings & pulleys.

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City of Bell Gardens
Contact Person Michael B. O’Kelly
Address 7100 Garfield Avenue, Bell Gardens, CA 90201
Phone / Email 562.806.7702 / [email protected]
Services Package unit and Split System replacements
Staar Surgical
Contact Person Julius Davis
Address 1911 Walker Ave. Monrovia CA 91016
Phone / Email 626.303.7902 / [email protected]
Services Monthly Guaranteed Maintenance and Projects for unit replacements

6. Firm’s Performance History
a. Has your firm ever failed to complete a HVAC maintenance services contract? If yes, give details, including dates.

No. ABM has a long history of providing exceptional facility services to clients across the world. At ABM, traditional values and visionary thinking are at the core of all of our activities. We employ well trained facility services professionals, but what distinguishes ABM is the support, proven practices, and tools that are provided, which enable more productive assets, drive occupant satisfaction, eliminate waste, and improve your bottom line.
b. Has your firm ever been assessed damages or penalties for failing to perform HVAC maintenance services in a satisfactory manner or for failing to perform HVAC maintenance services in a satisfactory manner or for failing to complete a contract within the scope of services? If yes, give details, including dates.

No. ABM employs a team of trained quality assurance professionals across the U.S. This team provides a full complement of supervision and management to support the City’s dedicated quality assurance program and ABM management resources at each site. In addition to our onsite management and our national quality assurance leadership team, each ABM branch office provides additional management that supports statutory requirements, certificates and inspection compliance toward fulfilling our facility management obligations.

H V A C M A I N T E N A N C E S E R V I C E S
City of Pico Rivera D. Questionnaire 42
c. Does your firm have any ongoing investigations by any agency regarding violations of the State Labor Code, California Business and Professional Code, or other laws? If yes, give details.

ABM and its subsidiaries employ more than 100,000 employees across the U.S., Canada, and Puerto Rico. As such, at any given time, ABM is involved in dozens, if not hundreds, of litigation matters. These claims are handled in the normal course of business by legal and risk management professionals employed by the company. Even large litigation matters involving millions of dollars would not have any impact on ABM's ability to provide timely services to the City of Pico Rivera. Should you require further information on a particular matter, ABM will certainly provide more detailed information upon request. d. Does your firm have any outstanding judgments, demands, or liens resulting from violations of the State Labor Code, California Business and Professional Code, or other laws? If yes, give details.

No. Contractors and Subcontractors of ABM are required to comply with all applicable state and federal health, safety and environmental requirements and generally accepted consensus/industry standards.

They are also required to comply with accepted industry safety practices and that of ABM and or client safety requirements, which are applicable to the work performed. Our in-house Legal team, with resources located in each major market across the U.S., provides market specific expertise and awareness for market nuances which our account personnel may access as required or needed for consultation or support.
e. Has your firm been cited for violations of OSHA Standards and Requirements within the past five (5) years? If yes, give details, including dates.

ABM provides quality services to more than 20,000 clients throughout the United States. In the last five years, ABM has received very few OSHA citations, most all of which were classified as “other than serious” with no willful or repeat citations. We actively abate any OSHA citation and work with our operations teams to prevent these issues from happening again.

The ABM Safety Manual contains comprehensive OSHA regulatory programs and industry-specific “best practices” to ensure compliance with federal, state, and local environmental, safety and health regulations. ABM safety policies and procedures contained within the manual are updated as required by the Risk and Management team.

To remain in compliance with our safety training guidelines, ABM requires each employee to complete safety awareness training. ABM uses the following methods to ensure adequate training:
• Web-based training
• Trainer led training – with instructions based on the ABM Safety manual (regularly updated) to ensure safety protocols are followed (new employee orientation and recurring training)

H V A C M A I N T E N A N C E S E R V I C E S
City of Pico Rivera D. Questionnaire 43

7. Certificate(s) of Insurance
The City will require the successful Contractor to provide Certificates of Insurance evidencing required coverage types and the minimum limits. See Exhibit B: Sample Maintenance Services Agreement for more information on the City’s insurance requirements. Provide a statement of your firm’s ability to meet the required insurance limits.

H V A C M A I N T E N A N C E S E R V I C E S
City of Pico Rivera D. Questionnaire 44

H V A C M A I N T E N A N C E S E R V I C E S
City of Pico Rivera D. Questionnaire 45

H V A C M A I N T E N A N C E S E R V I C E S
City of Pico Rivera D. Questionnaire 46

8. Contract Exceptions
Please provide any proposed exceptions, additions, and/or deletions to the City’s Request for Proposal. The City WILL NOT accept any proposed requested changes to the City’s Maintenance Services Agreement including the ability to meet the stipulated insurance requirements and other contractual terms therein. Please submit a proposal only if there is a clear understanding tha t your firm can execute the City’s Maintenance Services Agreement without any changes. By submitting a proposal, the Contractor represents they have an understanding of and will comply with the requirements of the RFP and any addenda.

If ABM is the successful bidder, ABM is prepared to offer firm pricing as requested in Section 8. However, ABM respectfully requests that escalations be permitted for mandated wage and benefit increases that are beyond ABM’s reasonable control. To provide for these unforeseeable escalations, ABM requests that the following language be included in all pricing sections of the final contract: “The parties agree that the Contractor’s compensation may be adjusted due to factors beyond its reasonable control, including but not limited to increases to local, state and/or federal government mandated wage/health and welfare increases or union mandated wage/health and welfare increases and associated payroll costs; payroll taxes; union pension increases where applicable, insurance rates; materials costs or subcontracting costs, if any, as of the date incurred” and that the Termination Rights set forth in Section 12 of the Sample Maintenance Services Agreement be mutual.

Pursuant to Section 13 of the sample agreement, ABM would also request modification of the Contractor’s Indemnity obligations. ABM is prepared to offer broad indemnification as requested provided, however, that ABM respectfully submits that the Indemnity clause requires indemnification protection for events beyond ABM’s control. While ABM is certainly prepared to indemnify for liabilities caused by its performance of the services, ABM submits that it would be inequitable to require it to provide indemnification for the actions of third parties not under ABM’s control.

Finally, ABM’s insurers provide broad coverage that satisfies the majority of the City insurance requirements. Unfortunately, there are a few of the insurance requirements that ABM is unable to satisfy.

Under Section 14 of the Sample Maintenance Services Agreement, ABM’s insurers will provide a COI that will name the City as an “Additional Insured” as opposed to a “named insured” and ABM’s insurance broker, as opposed to its insurers, will provide for the industry standard thirty (30) day notice endorsement. ABM maintains certain self-insured retentions and deductibles under its insurance policies.

ABM’s insurers require that it maintain funds sufficient to satisfy all of its deductible requirements and ABM’s financials and federal securities filings are available for review at www.ABM.com. Finally, ABM will provide Certificates of Insurance as opposed to copies of insurance policies. ABM’s policies are also voluminous and contain a substantial amount of proprietary and confidential information. ABM views contract documents as the cornerstone of its relationship with each client. If ABM is the successful bidder, ABM requests the opportunity to enter negotiations relating to the terms of the Contract to be entered between the parties.

H V A C M A I N T E N A N C E S E R V I C E S
City of Pico Rivera D. Questionnaire 47
past
Company Qualifications
Required Forms

H V A C M A I N T E N A N C E S E R V I C E S
City of Pico Rivera
48 This page intentionally left blank.

H V A C M A I N T E N A N C E S E R V I C E S
City of Pico Rivera E. Attachments
49 E. Attachments

1. Signed Non-Collusion Affidavit

2. Signed Contractor’s Acknowledgement of Compliance with Insurance Requirement

3. Signed Certification of Proposal

4. To be provided upon award of contract: Payment Bond (Labor and Materials) Form

5. Completed Proposed Fee Schedule Form
Attachment 1 Page 1 of 1
ATTACHMENT 1
NON‐COLLUSION AFFIDAVIT
The undersigned declares states and certifies that:

1. This Proposal is not made in the interest of, or on behalf of any undisclosed person, partnership, company, association, organization or corporation. This Proposal is genuine and not collusive or sham.

2. I have not directly or indirectly induced or solicited any other Contractor to put in a false or sham proposal and I have not directly or indirectly colluded, conspired, connived, or agreed with any other Contractor or anyone else to put in sham proposal or to refrain from submitting to this RFP.

3. I have not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price or to fix any overhead, profit or cost element of the proposal price or to secure any advantage against the City of Pico Rivera or of anyone interested in the proposed contract.

4. All statements contained in the Proposal and related documents are true.

5. I have not directly or indirectly submitted the proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay any fee to any person, corporation, partnership, company, association, organization, RFP depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

6. I have not entered into any arrangement or agreement with any City of Pico Rivera public officer in connection with this proposal.

7. I understand collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards.

Signature of Authorized Representative
Name of Authorized Representative Title of Authorized Representative Vishal Gupta Senior General Manager
Attachment 2 Page 1 of 1
ATTACHMENT 2
CONTRACTOR’S ACKNOWLEDGEMENT OF COMPLIANCE WITH INSURANCE

REQUIREMENTS FOR AGREEMENT FOR MAINTENANCE SERVICES
Contractor agrees, acknowledges and is fully aware of the insurance requirements as specified in the Request for Proposal and accepts all conditions and requirements as contained therein.

Contractor:

Name (Please Print or Type)
By: Contractor’s Signature
Date:

This executed form must be submitted with Scope of Work proposal. (Vishal Gupta, Senior General Manager)
July 5, 2022
ABM Building Solutions, LLC
Attachment 3 Page 1 of 1
ATTACHMENT 3

CERTIFICATION OF PROPOSAL
The undersigned hereby submits its proposal and agrees to be bound by the terms and conditions of this Request for Proposal (RFP).
1) Contractor declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or any work connected with this proposal. Should any agreement be approved in connection with this Request for Proposal, Contractor declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom. 2) By submitting the response to this request, Contractor agrees, if selected to furnish services to the City in accordance with this RFP.
3) Contractor has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the Contractor and that the Contractor is responsible for them.
4) It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City.
5) The proposal response includes all of the commentary, figures and data required by the Request for Proposal
6) The proposal shall be valid for 90 days from the date of submittal.

Company Name: ________________________________________________________ ________________________________ ________________________________ Signature of Authorized Representative Name of Authorized Representative ________________________________ ________________________________ Title of Authorized Representative Date
Senior General Manager July 5, 2022
Vishal Gupta
ABM Building Solutions, LLC
Attachment 4 Page 1 of 2
ATTACHMENT 4

PAYMENT BOND
(LABOR AND MATERIALS)
Bond No. __________
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Pico Rivera (“City”), State of California, has awarded to ________ (“Principal”) a contract (the “Contract”) to _______________ areas of the ______ Department with ________.

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 City 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 City 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 ___________________ ($___________), 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 City 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.

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 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 Attachment 4 Page 2 of 2
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”
_________________________________
_________________________________
By: ______________________________
Its:_______________________________
“Surety”
_________________________________
_________________________________
By: ______________________________
Its:_______________________________
(Seal) (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. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR TO 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.

ABM Building Solutions, LLC
Attachment 5 Page 1 of 1
ATTACHMENT 5

PROPOSED FEE SCHEDULE FORM
Company Name: ______________________________________________________ Item
No. Quantity UOM Location Monthly Cost Extended Cost
1 36 Mo.

City Hall
6615 Passons Blvd $ $
2 36 Mo.

City Hall West
6615 Passons Blvd $ $
3 36 Mo.

Parks & Recreation
6767 Passons Blvd $ $
4 36 Mo.

City Yard
9633 Beverly Road $ $
5 36 Mo.

Smith Park
6016 Rosemead
Boulevard $ $
6 36 Mo.

Pico Park
9528 Beverly Boulevard $ $
7 36 Mo.

Rivera Park
9530 Shade Lane $ $
8 36 Mo.

Rio Vista Park
8751 Coffman & Pico
Road $ $
9 36 Mo.

Rio Hondo Park
8421 San Luis Potosi
Place $ $
10 36 Mo.

Youth Center
4632 Orange St $ $
11 36 Mo.

Senior Center
9200 Mines Avenue $ $
12 36 Mo.

Al Natividad Center
5014, 5016 & 5018 Passons
Blvd $ $
13 36 Mo.

Historical Museum
9122 Washington Blvd $ $
14 36 Mo.

Pico Rivera Golf club
3260 Fairway Drive $ $
Total Bid
Amount $
In submitting this Bid, Respondent agrees to comply with the terms and conditions illustrated in this RFP.

Person from your company who completed the bid package:

Signature: __________________________________________________Date:________________ Printed Name and Title: ____________________________________________________________ E-Mail:_________________________________________________________________________ Vishal Gupta, Senior General Manager
July 5, 2022
[email protected]
ABM Building Solutions, LLC
To: Mayor and City Council
From: City Manager
Meeting Date: August 9, 2022
Subject: APPROVE AMENDMENT NO. 1 TO SWPP QUEEN INC.

PROFESSIONAL SERVICES AGREEMENT NO. 21-2040
Recommendation:

1. Approve Amendment No. 1 to SWPP Queen Inc. Professional Services Agreement No. 21-2040, for one year in an amount not to exceed $312,000 (and extend the term to June 30, 2023, with three (3) one-year options for services related to the Construction Management Division of the Public Works Department;

2. Authorize the City Manager to execute the Professional Services Agreement Amendment in a form approved by the City Attorney: and

3. Amend the Fiscal Year (FY) 2022-23 budget by increasing the Revenue Account (100.00.0000-47630 - Cost Reimbursements Non-CIP) in the amount of $130,000 and Expense Account (100.40.4010-54500) in the amount of $130,000 for the anticipated revenues and costs associated with the development agreement with SiFi Networks for the citywide fiber optic installation project.

Fiscal Impact:

The Fiscal Year 2022-23 General Fund Budget includes the provision of a Deputy Public Works Director. Currently the Deputy Public Works Director position is vacant.

The salary savings along with capital project budgets, as appropriate, will be used to cover expenditures within this contract amendment.

In addition, all services provided in support of development projects including the CityWide fiber optic project by SiFi Networks will be reimbursed by the applicant. The City anticipates to receive approximately $130,000 from developers (100.40.4010-54500), and pays SWPP Queen Inc. accordingly (100.40.4010-54500).

Discussion:

On October 12, 2021, City Council approved a Professional Services Agreement with SWPP Queen Inc. in the amount of $136,500 for the purposes of providing construction division oversight and construction management services in the Public Works Department for the remainder of fiscal year 2021-22. This has allowed the Public Works CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 9, 2022
APPROVE AMENDMENT NO. 1 TO SWPP QUEEN INC., PROFESSIONAL SERVICES AGREEMENT NO. 21-2040

Department to consolidate all construction projects under one division, saving time and money while ensuring the highest quality on public works infrastructure projects. This has also relieved our engineering staff and allowed them to spend more time on project development and design. The estimate for these services based on the experience of last fiscal year is 25 hours per week at $140 per hour for a total amount of $182,000 for fiscal year 2022-23. Services on capital projects will be assigned to the project and private development related services will be paid for by the applicant.

In addition, on January 25th, 2022, City Council approved an agreement with SiFi Networks to plan, design and construct a City-Wide fiber optic network. As part of this agreement the City has certain responsibilities including providing a single point of contract for permit activities, plan review, permit issuance and full-time construction inspection during installation. When construction begins in fiscal year 2022-23, SWPP Queen Inc. will assign a senior project inspector dedicated to the fiber optic project. In addition, SWPP Queen staff will be the single point of contact required in the fiber optic development agreement between the City and SiFi Networks. All the services related to the fiber optic project will be reimbursed to the City by the applicant SiFi Networks.

Staff estimates that the construction for the fiber optic network will begin in January of 2023 requiring 6 months of support work for the fiscal year 2022-23. Each subsequent year will require full time inspection support. Estimated costs for fiscal year 2022-23 is as follows:

Year Hours Sr. Inspector Rate Total
2023 1040 $125 $130,000
These services will only be utilized when requested by staff and paid by the project developer. There is no cost to the City as it is all reimbursable.

Conclusion:

To provide continued capital project management and to prepare for implementation of the SiFi Network fiber optic development project, staff recommends approval of Amendment No. 1 to Professional Services Agreement 21-2040 with SWPP Queen Inc.

Steve Carmona
SC:TR:np
Enclosure: 1) Amendment No. 1
ENCLOSURE 1
AMENDMENT NO. 1 TO AGREEMENT NO. 21-2040

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF PICO RIVERA AND
SWPPQUEEN, INC.

THIS AMENDMENT NO. 1 TO AGREEMENT NO. 21-2040 PROFESSIONAL

SERVICES AGREEMENT BETWEEN THE CITY OF PICO RIVERA AND
SWPPQUEEN, INC., (“Amendment No. 1"), effective as of June 30, 2022, is made and entered into by and between the CITY OF PICO RIVERA (“City”), and SWPPQUEEN, Inc., (“Consultant”).

RECITALS
A. City and Consultant (collectively referred to as the “Parties”) have previously executed that certain Agreement No. 21-2040 Professional Services Agreement Between the City of Pico Rivera and SWPPQUEEN, Inc., dated October 13, 2021 (“Agreement”), relating to Interim Public Works Deputy Director Services for the City of Pico Rivera.

B. The Parties desire to amend said Agreement as set forth herein, pursuant to Sections 4, 5 and 32 of the Agreement.

NOW, THEREFORE, THE PARTIES AGREE THAT THE AGREEMENT SHALL BE AMENDED AS FOLLOWS:

1. EXTENSION OF TERM.

Section 3.4 of the Agreement is hereby amended in its entirety to read as follows:

3.4 “Expiration Date”: June 30, 2023

2. TERM EXTENSION OPTIONS.

Section 4 of the Agreement is hereby amended in its entirety to read as follows:

4.1 The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Expiration Date unless extended by written agreement of the Parties or terminated in accordance with Section 22 below. The Agreement may be extended for three (3) additional oneyear periods but shall not be extended past June 30, 2026.

3. COMPENSATION.

Section 5.1 of the Agreement is hereby amended in its entirety to read as follows:

Amendment No. 1 to Agreement 21-2040
Professional Services Agreement
SWPPQUEEN, Inc.

5.1 Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the Parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In no event shall the total compensation and costs payable to Consultant under this Agreement, exceed the sum of Four Hundred Forty-Eight Thousand Five Hundred Dollars ($448,500.00) unless specifically approved in advance, in writing, by City.

4. EFFECT OF AMENDMENTS.

Except as modified herein, either expressly or by necessary implication, the terms and provisions of the Agreement between the City and Consultant shall remain in full force and effect.

5. EFFECTIVE DATE.

Unless otherwise specified herein, this Amendment No. 1 shall become effective as of the date set forth in the introductory paragraph.

IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 1 to be executed and attested by their respective officers hereunto duly authorized. “City” “Consultant”
CITY OF PICO RIVERA SWPPQUEEN, Inc.
______________________________ _________________________________ Steve Carmona, City Manager Gerald R. Montgomery, Principal Dated: ________________________ Dated: ____________________________ ATTEST: APPROVED AS TO FORM
___________________________ _________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney To: Mayor and City Council
From: City Manager
Meeting Date: August 9, 2022
Subject: APPROVE AMENDMENT NO. 2 TO TJR CONSULTING
LLC PROFESSIONAL SERVICES AGREEMENT NO, 21-
2023
Recommendation:

1. Approve Amendment No. 2 to TJR Consulting LLC., Professional Services Agreement No. 21-2023, in an amount not to exceed $150,000 and extend the term to June 30, 2023, for services related to the Public Works Department; and

2. Authorize the City Manager to execute the Professional Service Agreement Amendment in a form approved by the City Attorney.

Fiscal Impact:

The fiscal year 2022-23 General Fund Budget includes the provision of a Public Works Director to oversee the Public Works Department. Currently the Public Works Director position is vacant. The salary savings along with capital project budgets, as appropriate, will be used to cover expenditure within this contract amendment. No additional appropriations are required at this time.

Discussion:

In August 2021 the City Manager entered into Professional Services Agreement No. 21- 2023 with TJR Consulting LLC to provide an organizational evaluation and to recommend process improvements for the Public Works Department. In September 2021, the Public Works Director position became vacant and on October 12, 2021, City Council approved Amendment No. 1 to include Interim Director of Public Works Services and extended the duration of the contract to June 30, 2022.

Now that the fiscal year 2022-23 budget has been adopted, it is the City’s intent to begin the search for a permanent Public Works Director. This amendment will extend the term of the current contract to June 30, 2023. This will cover the period of time prior to hiring a permanent director, as well as appropriate time for transition activities and potential long term assistance on key projects.
9 CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 9, 2022 APPROVE AMENDMENT NO. 2 TO TJR CONSULTING LLC., PROFESSIONAL SERVICES AGREEMENT NO. 21-2023

Conclusion:

In order to provide continued leadership in the Public Works Department and ensure a smooth transition to a permanent director, staff recommends approval of Amendment No. 2 to Professional Services Agreement 21-2023 with TJR Consulting LLC.

Steve Carmona
SC:np
Enclosure: 1) Amendment No. 2
AMENDMENT NO. 2

TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF PICO RIVERA AND
TJR CONSULTING, LLC. AGREEMENT NO. 21-2023
THIS AMENDMENT NO. 2 TO AGREEMENT NO. 21-2023 PROFESSIONAL

SERVICES AGREEMENT BETWEEN THE CITY OF PICO RIVERA AND TJR CONSULTING, LLC. (“Amendment No. 2"), effective as of the date specified in paragraph 4 hereof, is made and entered into by and between the CITY OF PICO RIVERA (“City”), and TJR Consulting, LLC (“Consultant”).

RECITALS
A. City and Consultant (collectively referred to as the “Parties”) have previously executed that certain Professional Services Agreement, Agreement No. 21-2023 the City of Pico Rivera and TJR Consulting, LLC., dated August 24, 2021, as amended by Amendment No. 1 to the Professional Services Agreement dated October 12, 2021, (“Agreement”).

B. The Parties desire to amend said Agreement as set forth herein, pursuant to Sections 4, 5 and 32 of the Agreement.

NOW, THEREFORE, THE PARTIES AGREE THAT THE AGREEMENT SHALL BE AMENDED AS FOLLOWS:

1. EXTENSION OF TERM.

Section 3.4 of the Agreement is hereby amended in its entirety to read as follows:

3.4 “Expiration Date”: June 30, 2023

2. COMPENSATION.

Section 5.1 of the Agreement is hereby amended in its entirety to read as follows:
“5.1 Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the Parties, and any increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In no event shall the total compensation and costs payable to Consultant under this Agreement, exceed the sum of THREE HUNDRED FORTY-EIGHT THOUSAND DOLLARS AND 00/100 ($348,000.00), unless specifically approved in advance, in writing, by City.” Enclosure 1
9a
Amendment No. 2 to Agreement 21-2023
Professional Services Agreement
TJR CONSULTING, LLC.

3. EFFECT OF AMENDMENTS.

Except as modified herein, either expressly or by necessary implication, the terms and provisions of the Agreement between the City and Consultant shall remain in full force and effect.

4. EFFECTIVE DATE.

Unless otherwise specified herein, this Amendment No. 2 shall become effective as of the date set forth below on which the last of the Parties, whether City or Consultant, executes this Amendment No. 2.

IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 2 to be executed and attested by their respective officers hereunto duly authorized. “CITY” “CONSULTANT”

CITY OF PICO RIVERA TJR CONSULTING, LLC
______________________________ _________________________________ Steve Carmona, City Manager Terry J. Rodrigue, President Dated: ________________________ Dated: ____________________________ ATTEST: APPROVED AS TO FORM
___________________________ _________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney To: Mayor and City Council
From: City Manager
Meeting Date: August 9, 2022
Subject: AN ORDINANCE AMENDING CHAPTER 3.20
(PURCHASING) AND AN ORDINANCE AMENDING
CHAPTER 3.48 (INFORMAL BIDDING FOR PUBLIC

PROJECTS) OF THE PICO RIVERA MUNICIPAL CODE
Recommendation:

1. Introduce and waive the first reading of an ordinance amending Chapter 3.20 (Purchasing) of the Pico Rivera Municipal Code; and

2. Introduce and waive the first reading of an ordinance amending Chapter 3.48 (Informal Bidding for Public Projects) of the Pico Rivera Municipal Code.

Fiscal Impact:

There is no cost associated with the proposed actions.

Background and Discussion:

Planet Bids Implementation
In 2019 the City of Pico Rivera (City) implemented the use of an electronic procurement platform (Planet Bids). In order to maximize its utilization and to promote more efficient workflows to successfully complete all future City procurement needs, staff has identified a number of necessary revisions to the City’s municipal code (PRMC). These changes will provide staff with the following flexibility:
• Receive and store all construction bids, professional services proposals, quotes and related documentation through Planet Bids.
• Electronic release of the tabulation of construction bids. • Implement the submittal of electronic bonding documentation. • Assist in reducing the amount of physical paperwork generated by these activities and facilitating its retention in digital form in compliance with applicable rules and regulations.
10 CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 9, 2022 AN ORDINANCE AMENDING CHAPTER 3.20 (PURCHASING) AN ORDINANCE AMENDING CHAPTER 3.48 (INFORMAL BIDDING FOR PUBLIC PROJECTS) OF THE

PICO RIVERA MUNICIPAL CODE

Uniform Public Construction Cost Accounting Act (UPCCAA) In 1989 the City became subject to the Uniform Public Construction Cost Accounting Act (“UPCCAA” or “Act”) providing it with the authority to employ efficiencies available under said Act for public projects valued between $60,000 and $200,000. The above referenced efficiencies allow staff to save up to three months or more in implementing small capital and repair projects that currently require undertaking formal bidding procedures. At the time of the adoption of UPCCAA’s alternative bidding procedures they were codified in chapter 3.48 in the PRMC. After review by staff, it was determined that revisions to the above referenced chapter are necessary to accomplish the following:
• Use the correct nomenclature for these alternative bid processes. • Clarify the eligibility of specific contract award procedures for public projects per UPCCAA.

In an effort to improve policies and procedures and staying up-to-date with specific rules and regulations, staff has drafted proposed amendments to the purchasing provisions of the PRMC — namely, Chapter 3.20 “Purchasing” (Enclosure 1), Chapter 3.48 “Informal Bidding for Public Projects” (Enclosure 2).

Conclusion:

Staff recommends the City Council introduce and waive the first reading of (1) an ordinance amending Chapter 3.20 (Enclosure 1) and (2) introduce and waive the first reading of an ordinance amending Chapter 3.48 of the Pico Rivera Municipal Code (Enclosure 2).

Steve Carmona
SC:TR:LO:ll
Enclosures: 1) Ordinance Amending PRMC Chapter 3.20
2) Ordinance Amending PRMC Amending Chapter 3.48
ENCLOSURE 1
ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PICO
RIVERA, CALIFORNIA, AMENDING CHAPTER 3.20 (PURCHASING) OF

THE PICO RIVERA MUNICIPAL CODE
WHEREAS, the City of Pico Rivera’s (City) existing Purchasing Municipal Code was last revised and adopted by the City Council on December 14, 2021 with Ordinance No. 1151; and
WHEREAS, a further amendment to Chapter 3.20 (Purchasing) to the Pico Rivera Municipal Code (PRMC) is necessary to provide the flexibility to maximize the use of the City’s electronic procurement platform and promote more efficient workflows to successfully complete all future City procurement needs; and NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Pico Rivera as follows:

SECTION 1. Findings. The City Council finds and determines that the adoption of the Ordinances is based upon the following findings:

A. The recitals set forth above are incorporated herein as part of the findings.

B. An amendment to Chapter 3.20 (Purchasing) is consistent with the General Plan as they provide and maintain efficient services which strive to be responsive to the public needs.

C. Based on the above, the City Council determines that the Ordinance contained herein is necessary and in the public’s best interest.

SECTION 2. Amendment. Sections 3.20.100 (Open market procedure), 3.20.120 (Notices inviting bids), 3.20.140 (Bid opening procedure) of Chapter 3.20 (Purchasing), Title 3 (Revenue and Finance), is hereby amended to read as follows (deletions on Strikethrough and additions in Underline):

3.20.100 Open Market Procedure.

A. Authorized When. Purchase of supplies and equipment of an estimated value in the amount of thirty thousand dollars ($30,000) or less may be made by the purchasing officer in the open market without observing the procedure prescribed by Sections 3.20.110 through 3.20.190. Purchases of supplies and equipment of an estimated value between the amounts of ten thousand dollars and thirty thousand dollars ($30,000) shall also require the approval of the director of finance.

B. Minimum Number of Bids. Open-market purchase shall, wherever possible, be based on at least three bids, and shall be awarded to the lowest responsible bidder. 10a
ORDINANCE NO. ______

C. Notice Inviting Bids. The purchasing officer shall solicit bids by written requests to prospective vendors, by telephone, by public notice posted on a public bulletin board in the City Hall or on an electronic procurement platform (such as Planet Bids), approved by the city, or by other suitable means.

D. Written Bids. Sealed written bids shall be submitted to the purchasing officer, who shall keep a record of all open-market orders and bids for a period of one year after the submission of bids or the placing of orders. This record, while so kept, shall be open to public inspection or made available on the city’s approved electronic procurement platform. (Ord. 1076 § 7, 2013; Ord. 1035 § 2, 2007; Ord. 784 § 2, 1990; prior code § 2708)

3.20.120 Notice Inviting Bids.

A. Contents of Notices. Notices inviting bids shall include a general description of the articles to be purchased or sold, shall state where bid blanks and specifications may be secured, and the time and place for opening bids.

B. Published Notices. Notices inviting bids shall be given at least ten days before the date of opening of the bids. Notice shall be published at least once in a newspaper of general circulation, printed and published in the city, or if there is none, it shall be posted in at least three public places in the city that have been designated by ordinance as the places for posting public notices or the city’s approved electronic procurement platform.

C. Bidders’ List. The purchasing officer shall also solicit sealed bids from all responsible prospective suppliers whose names are on the bidders’ list, or who have requested their names be added thereto.

D. Bulletin Board. The purchasing officer shall also advertise pending purchases or sales by a notice posted on a public bulletin board in the City Hall or the city’s approved electronic procurement platform. (Prior code § 2709(a))

3.20.140 Bid Opening Procedure.

Sealed bids shall be submitted to the purchasing officer and shall be identified as bids on the envelope, or submitted on the city’s approved electronic procurement platform if required by the Notice inviting bids. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be open for public inspection during regular business hours or on the city’s approved electronic procurement platform for a period of not less than thirty calendar days after the bid opening. (Prior code § 2709(c))
ORDINANCE NO. ______

SECTION 3. CEQA. Pursuant to Section 15061(a) of the California Environmental Quality Act (CEQA) Guidelines, the City Council finds that adoption of this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and therefore is not subject to CEQA. Additionally, pursuant to Section 15060(c)(2) and 15060(c)(3) the activity is not a “project” as defined in Section 15378 because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 4. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of 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 of this Ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective. To this end, the provisions of this Ordinance are declared to be severable.

SECTION 5. The City Clerk shall certify to the adoption of this Ordinance. The City Council hereby finds and determines that there are no newspapers of general circulation both published and circulated within the City and, in compliance with Section 36933 of the Government Code directs the City Clerk to cause said Ordinance, within fifteen (15) days after its passage, to be posted in at least five (5) public places within the City. This Ordinance shall take effect thirty (30) days after its adoption.

APPROVED AND ADOPTED this 9th day of August, 2022.

___________________________
Dr. Monica Sanchez, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney ORDINANCE NO. ______

STATE OF CALIFORNIA )
)§

COUNTY OF LOS ANGELES )
I, Anna M. Jerome, City Clerk of the City of Pico Rivera, do hereby certify that the foregoing Ordinance No. _____was adopted at a regular meeting of the City Council of the City of Pico Rivera, held on Tuesday, _____ August 2022, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
Anna M. Jerome, City Clerk
ENCLOSURE 2
ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PICO
RIVERA, CALIFORNIA, AMENDING CHAPTER 3.48 (INFORMAL

BIDDNG FOR PUBLIC PROJECTS) OF THE PICO RIVERA MUNICIPAL CODE
WHEREAS, the City of Pico Rivera’s (“City”) is subject to the California Uniform Public Construction Cost Accounting Act (UPCCAA); and
WHEREAS, as required by the UPCCAA (Public Contract Code section 22000 et seq.), the City adopted an ordinance outlining informal bidding procedures for certain public works projects which fall within specific dollar amounts; and WHEREAS, the intent of the UPCCAA is to allow public agencies flexibility to streamline their procurement process by allowing the use of simplified bidding procedures, reduce the number of formal bids based on the project, expedite contracting for certain projects, and increase force accounting limits for public agencies; and WHEREAS, pursuant to the Pico Rivera Municipal Code (PRMC) Chapter

3.20.040(E) (Purchasing officer powers and duty), the City Council has delegated authority to the City Manager, in his or her capacity as the purchasing officer, to prepare and recommend to the City Council rules governing the purchasing of supplies, services and equipment for the City; and
WHEREAS, in order to further best interest of the City, align the PRMC with the UPCCAA’s streamlined process, and avoid delaying projects contrary to the UPCCA’s intent, various, additional modifications must be made.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Pico Rivera as follows:

SECTION 1. Findings. The City Council finds and determines that the adoption of the Ordinances is based upon the following findings:

A. The recitals set forth above are incorporated herein as part of the findings.

B. An amendment to Chapter 3.48 (Informal bidding) is warranted to use the correct nomenclature for these alternative bid processes, clarify the eligibility of specific contract award procedures for public projects under the maximum amount thresholds established by UPCCAA and revise contract amount eligibility thresholds per UPCCAA guidelines.

C. Based on the above, the City Council determines that the Ordinance contained herein is necessary and, in the public’s, best interest. 10b
ORDINANCE NO. ______

SECTION 2. Amendment. Sections 3.48 (Informal bidding for public projects),

3.48.010 (Findings and Purpose), 3.48.040 (Informal bidding), and 3.48.070 (Informal contract projects—Identifying and inviting bids) is hereby amended to read as follows (deletions on Strikethrough and additions in Underline):

3.48 Informal Alternative Bidding Procedures for Public Projects.

3.48.010 Findings and Purpose
A. It is in the public interest for the city to elect to become subject to the uniform public construction cost accounting procedures adopted by the California Uniform Construction Cost Accounting Commission pursuant to Public Contract Code Sections 22000 et seq., Part 3, Chapter 2.

B. Such election will enable the city to perform public works projects with its own forces, and/or by contracts awarded through negotiation, purchase order without competitive bidding and/or informal bidding procedures when it is in the best interest of the city to do so unless specifically prohibited by the project's funding source(s) guidelines.

C. It is the intent of the city that this section governs the selection of public contractors by the city through informal alternative bidding procedures, in accordance with Public Contract Code Section 22032.

D. It is the intent of the city that any future amendments, duly adopted by the State Legislature, to Public Contracts Code Sections 22000 et seq., shall automatically become the law of the city, even if in conflict with this chapter.

3.48.040 Informal Alternative Bidding Procedures
Public works projects may be made by the city council with the following limitations:

A. Public projects of sixty thousand dollars ($60,000) or less (or as thereafter amended by the California Uniform Construction Cost Accounting Commission, hereinafter, the “Commission”) may be performed by city employees by force account, or may be awarded by negotiated contract or by informal bid and purchase order without competitive bidding, as recommended by the director of public works, depending on the nature, urgency, complexity and cost of the project. The city manager will advise the city council of projects in this cost range prior to commencement of work, negotiations, or informal bidding procedures.

ORDINANCE NO. ______

B. Public projects over sixty of two hundred thousand dollars ($200,000 $60,000) and or less (or as thereafter amended by the Commission) than two hundred thousand dollars ($200,000) (or as thereafter amended by the Commission) shall be contracted by informal bidding procedures as set forth in Section

3.48.080. The city manager will seek prior council approval to proceed with projects not contained in current budget.

C. The award of bid shall, whenever possible, be awarded to the lowest responsible bidder.

D. Notices Inviting Bids. The purchasing officer shall solicit bids by written request to contractors licensed and experienced for the type of public work to be performed.

3.48.70 Informal contract projects—Identifying and inviting bids A. With the concurrence of the manager, the director of public works will establish the need, urgency and funding source of new city public projects ranging in cost from zero to one hundred thousand dollars. Public projects shall be contracted in accordance with requirements of Section 3.48.040.

B. Projects shall not be split to avoid any of the bidding requirements contained in the Uniform Public Construction Cost Accounting Act, Public Contract Code 22000 et seq.

C. The director of public works shall mail notice inviting informal bids to all contractors on the list of qualified contractors for the category of work being bid, and/or to all construction trade journals as specified in subsection C of Section 3.48.050.

D. The director of public works shall complete the mailing of notices inviting informal bids, as required by this section, not less than ten calendar days before bids are due.

E. The notice inviting informal bids shall describe the projects in general terms, how to obtain more detailed information about the project, whether or not the project is required to be submitted on the city’s approved electronic procurement platform and state the time and place for the submission of bids.

SECTION 3. CEQA. Pursuant to Section 15061(a) of the California Environmental Quality Act (CEQA) Guidelines, the City Council finds that this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and therefore is not subject to CEQA. Additionally, pursuant to Section 15060(c)(2) and 15060(c)(3) the activity is not a “project” as defined in Section 15378 because it has no potential for resulting in physical change to the environment, directly or indirectly.

ORDINANCE NO. ______

SECTION 4. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of 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 of this Ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective. To this end, the provisions of this Ordinance are declared to be severable.

SECTION 5. The City Clerk shall certify to the adoption of this Ordinance. The City Council hereby finds and determines that there are no newspapers of general circulation both published and circulated within the City and, in compliance with Section 36933 of the Government Code directs the City Clerk to cause said Ordinance, within fifteen (15) days after its passage, to be posted in at least five (5) public places within the City. This Ordinance shall take effect thirty (30) days after its adoption.

APPROVED AND ADOPTED this 9th day of August, 2022.

___________________________
Dr. Monica Sanchez, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney

STATE OF CALIFORNIA )
)§

COUNTY OF LOS ANGELES )
I, Anna M. Jerome, City Clerk of the City of Pico Rivera, do hereby certify that the foregoing Ordinance No. _____was adopted at a regular meeting of the City Council of the City of Pico Rivera, held on Tuesday, August 9, 2022, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
Anna M. Jerome, City Clerk
To: Mayor and City Council
From: City Manager
Meeting Date: August 9, 2022
Subject: REQUEST FOR APPROVAL OF PROFESSIONAL
SERVICES AGREEMENT WITH NEW CITY AMERICA, INC.

FOR PROPERTY-BASED IMPROVEMENT DISTRICT OR

COMMUNITY BENEFIT DISTRICT FORMATION SERVICES
Recommendation:

1. Award a Professional Services Agreement (PSA) to New City America, Inc. (Consultant) to provide Property-Based Improvement District (PBID) or Community Benefit District (CBD) consulting services for an amount not-to-exceed $98,000; and

2. Authorize the Mayor to execute the PSA with New City America, in a form approved by the City Attorney for a term of one (1) year.

Fiscal Impact:

The contract will be paid through the General Fund in an amount not-to-exceed $98,000 from GL Account No. 100.30.3020-54400.

Discussion:

Staff identified various financing mechanisms to assist with revitalization efforts along the Whittier Boulevard commercial corridor. Special benefit districts are a popular financing mechanism that are designed to improve local public services, enhance economic growth, and increase services, such as security, maintenance, marketing and capital improvements, within business areas. Specifically, Staff examined two (2) types of special benefit district:

1. Property-Based Improvement District (PBID) – public-private partnership where property owners are assessed to improve their commercial district.

2. Community Benefits District (CBD) – business owners pay an annual fee on top of their business license fee to fund joint marketing efforts and other services for downtown businesses.
11 CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 9, 2022 PROFESSIONAL SERVICES AGREEMENT WITH NEW CITY AMERICA, INC. FOR

PROPERTY-BASED IMPROVEMENT DISTRICT OR COMMUNITY BENEFIT

DISTRICT FORMATION SERVICES

In May 2022, the City solicited and received proposals for PBID or CBD consulting services. The City received one proposal from New City America, Inc. The proposal was reviewed and scored utilizing the following criteria: 1) Understanding of the scope of work, 2) Demonstrated professional skill and credentials, 3) Related experience and references, 4) Quality of work samples, and 5) approach of performing this type of service. Based on these criteria, it was determined that New City America, Inc. was qualified to perform the services on behalf of the City.

Conclusion:

Staff recommends that the City Council enter into a professional services agreement with New City America, Inc. to perform PBID or CBD consulting services on an as-needed basis in a contract amount not to exceed $98,000.

Steve Carmona
SC:MG:JG:dl
Enclosure: 1) Professional Services Agreement – New City America, Inc.

AGREEMENT NO. _______

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF PICO RIVERA AND
NEW CITY AMERICA, INC.

1. IDENTIFICATION
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Pico Rivera, a California municipal corporation (“City”) and New City America, Inc., (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as a “Party” and collectively referred to as “Parties.”

2. RECITALS

2.1 City has determined that it requires professional services from a consultant to provide and coordinate the work to investigate and form a Property-Based Improvement District (“PBID”) or Community Benefit District (“CBD”) by explaining the role/functions/activities of the PBID or CBD and establishing the formation process and timeline to create the PBID or CBD. Specifically, the Consultant would create a PBID or CBD Steering Committee and oversee a survey to ascertain support and work with the City for some desired projects for the Whittier Blvd Corridor (“Corridor”) as further detailed in the enclosed Scope of Services (Exhibit A).

2.2 Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

NOW, THEREFORE, for and in consideration of the performance by the Parties of the mutual covenants and conditions herein contained, the Parties hereto agree as follows:

3. DEFINITIONS

3.1 “Scope of Services”: Such professional services as are set forth in the Consultant’s May 25, 2022 Scope of Services attached hereto as Exhibit “A” and incorporated herein by this reference.

3.2 “Approved Fee Schedule”: Such compensation rates as are set forth in the Consultant’s May 25, 2022 proposal to City attached hereto as Exhibit “B.”

3.3 “Commencement Date”: August 9, 2022

3.4 “Expiration Date”: July 31, 2023
ENCLOSURE 1
11a

4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Expiration Date unless extended by written agreement of the Parties or terminated in accordance with Section 22 below.

5. CONSULTANT’S SERVICES

5.1 Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the Parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In no event shall the total compensation and costs payable to Consultant under this Agreement exceed the sum of NINETY-EIGHT THOUSAND DOLLARS ($98,000) unless specifically approved in advance, in writing, by City.

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

6. COMPENSATION

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

6.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within ten (10) business days of receipt of each invoice, City shall notify Consultant in writing of any disputed amounts included on the invoice. Within thirty (30) calendar days of receipt of each invoice, City shall pay all undisputed amounts included on the invoice. City shall not withhold applicable taxes or other authorized deductions from payments made to Consultant.

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

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

8. COMPLIANCE WITH LAWS
Consultant shall keep informed of State, Federal and Local laws, ordinances, codes and regulations that in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Consultant shall at all times comply with such laws, ordinances, codes and regulations. Without limiting the generality of the foregoing, if Consultant is an out-of-state corporation or LLC, it must be qualified and registered to do business in the State of California pursuant to sections 2105 and 17708.02 of the California Corporations Code. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.

9. CONFLICT OF INTEREST
Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if both: (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute; and (ii) City has not consented in writing prior to Consultant’s performance of such work.

10. PERSONNEL
Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant’s services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City’s premises. Marco Li Mandri shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made in Consultant’s project administrator without City’s prior written consent.

11. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material (“written products”) developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant. If any state, federal, or local law requires mandatory copyright protection for Consultant’s work product, City shall comply with such laws to the extent feasible.

12. INDEPENDENT CONSULTANT

12.1 Consultant is, and shall at all times remain as to City, a wholly independent consultant. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not at any time represent that it is, or that any of its agents or employees are, in any manner employees of City. 12.2The Parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship, joint-employer relationship, or any other relationship between Consultant or Consultant’s employees except as set forth in this Agreement.

12.3 City shall have no direct or indirect control over Consultant’s employees or sub-consultants with respect to wages, hours, and working conditions. In addition, City shall not deduct from the Compensation paid to Consultant any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to Consultant, Consultant’s employees or subconsultants. City shall have no responsibility to provide Consultant, its employees or subconsultants with workers’ compensation insurance or any other insurance.

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

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

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

15. INDEMNIFICATION

15.1 The Parties agree that City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to City. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to indemnify and protect City as set forth herein. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

15.2 To the full extent permitted by law, Consultant shall indemnify, hold harmless and defend City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from or arising out of any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant or any of its officers, employees, servants, agents, or subconsultants in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice and expert witness fees and consultant fees. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

15.3 City shall have the right to offset against the amount of any compensation due Consultant under this Agreement any amount due City from Consultant as a result of Consultant’s failure to pay City promptly any indemnification arising under this Section 15 or related to Consultant’s failure to either: (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.

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

15.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 15 from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible and indemnify, hold harmless and defend City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from or arising out of any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subconsultants or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice and expert witness fees and consultant fees.

15.6 City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

15.7 PERS ELIGIBILITY INDEMNITY. In the event that Consultant or any employee, agent, or subconsultant of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subconsultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

16. INSURANCE

16.1 During the term of this Agreement, Consultant shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Consultant’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:

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

16.1.1.1 Premises, operations, and mobile equipment

16.1.1.2 Products and completed operations

16.1.1.3 Broad form property damage (including completed operations)

16.1.1.4 Explosion, collapse, and underground hazards

16.1.1.5 Personal Injury

16.1.1.6 Contractual liability
in the amount of One Million Dollars ($1,000,000) per occurrence combined single limit; Two Million Dollars ($2,000,000) aggregate for products/completed operation; Two Million Dollars ($2,000,000) general aggregate (General aggregate must apply separately to Consultant’s work under this Agreement.); and One Million Dollars ($1,000,000) umbrella or excess liability.

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

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

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

16.2 Consultant shall require each of its subconsultants, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.

16.3 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide.

16.4 Consultant agrees that if it does not keep the aforesaid insurance in full force and effect City may either: (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.

16.5 At all times during the term of this Agreement, Consultant shall maintain on file with City’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and, for the general liability and automobile liability policies, naming the City as an additional insured. Consultant shall, prior to commencement of work under this Agreement, file with City’s Risk Manager such certificate(s).

16.6 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall provide such proof to City at least two weeks prior to the expiration of the coverages.

16.7 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to City. Consultant agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

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

16.9 All insurance coverage provided pursuant to this Agreement shall not prohibit Consultant, and Consultant’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against the City.

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

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

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

17. MUTUAL COOPERATION

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

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

18. RECORDS AND INSPECTIONS
Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three years after the expiration or termination of this Agreement. City shall have the right to access and examine such records, without charge, during normal business hours. City shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

19. PERMITS AND APPROVALS
Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary in the performance of this Agreement. This includes, but shall not be limited to, encroachment permits and building and safety permits and inspections.

20.NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile, email, or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the Parties may, from time to time, designate in writing).

If to City: If to Consultant:

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

Pico Rivera, California 90660-1016
Facsimile: (562) 801-4765
Marco Li Mandri, President
New City America, Inc.
2011 W. California
San Diego, CA 92110
With a courtesy copy to:

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

21. SURVIVING COVENANTS
The Parties agree that the covenants contained in Sections 13, 15 and Paragraph

17.2 of Section 17, of this Agreement shall survive the expiration or termination of this Agreement.

22. TERMINATION

22.1. City shall have the right to terminate this Agreement for any reason on five (5) calendar days’ written notice to Consultant. Consultant shall have the right to terminate this Agreement for any reason on sixty (60) calendar days’ written notice to City. The effective date of termination shall be upon the date specified in the notice of termination.

Consultant agrees that in the event of such termination, City’s obligation to pay Consultant shall be limited to payment only for those services satisfactorily rendered, as solely determined by the City, prior to the effective date of termination. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.

22.2 If City terminates this Agreement due to no fault or failure of performance by Consultant, then Consultant shall be paid based on the work satisfactorily performed, as solely determined by the City, at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.

23. ASSIGNMENT
Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any Party other than Consultant.

24. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY

24.1 In the performance of this Agreement, Consultant shall not discriminate against any employee, subconsultant, or employment applicant because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. Consultant will take affirmative action to ensure that subconsultants, employees, and employment applicants are treated without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

24.2 Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

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

25. WARRANTIES

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

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

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

26. CAPTIONS

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

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

27. NON-WAIVER

27.1 The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing.

27.2 Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any Party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such Party of any of all of such other rights, powers or remedies.

27.3 Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.

28. COURT COSTS AND ATTORNEY FEES
In the event legal action shall be necessary to enforce any term, covenant or condition herein contained, the Party prevailing in such action, whether reduced to judgment or not, shall be entitled to its reasonable court costs, including accountants’ fees and expert witness fees, if any, and attorneys’ fees expended in such action. The venue for any litigation shall be Los Angeles County, California.

29. SEVERABILITY
If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

30. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of California.

31. COUNTERPARTS
This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile or email transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the Party whose signature appears in the facsimile or email and shall be binding upon such Party in the same manner as though an originally signed copy had been delivered.

32. ENTIRE AGREEMENT
All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the Parties.

Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed by City and Consultant.

TO EFFECTUATE THIS AGREEMENT, the Parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “CITY” “CONSULTANT”
CITY OF PICO RIVERA NEW CITY AMERICA, INC.
______________________________ ___________________________________ Steve Carmona, City Manager Marco Li Mandri, President
Dated: ________________________ Dated: _____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ ___________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney

EXHIBIT A

SCOPE OF SERVICES
Our strategy for working in Pico Rivera, along Whittier Blvd. for the investigation and possible formation of a PBID/CBD would be as follows:

1. Meet first with City staff and then with Whittier Blvd. stakeholders and property owners to explain the purpose of the new assessment district - Community Benefit District, (CBD), formation process and the relevant timeline to achieve these goals.

Give examples of other successful Downtowns that have used Special Benefit Districts to accelerate their reinvention and redevelopment.

2. With direction from City staff and the Whittier Blvd. business and property owners, work with all the key players to create a stakeholders based Whittier Blvd. CBD Steering Committee. The first task of the Steering Committee would be to set boundaries for a CBD study area on Whittier Blvd.

3. Work with that new Whittier Blvd. CBD Steering Committee to oversee a mailed survey to all property owners in the proposed district ascertaining their conceptual support for the creation of a special benefits district.

4. Use the survey to reveal the levels of survey support and/or opposition to the creation of this new financing mechanism district.

If there does seem to be support for this new Whittier Blvd. property assessment district, we would discuss the timeline for the district formation process, which would be formed ideally by July 2023
It is anticipated that this district, if supported in the investigative stage, would be formed by July 2023, in time for the Los Angeles County of property tax notification and inclusion of the assessments for the December 2023 property tax billing cycle.

This proposal has two phases: investigation of the Whittier Blvd. CBD which will cover five months from July through May through November and then if supported by the City Manager, the City Council and Whittier Blvd. property owners, a formation stage.

EXHIBIT B

APPROVED FEE SCHEDULE
Investigative Stage of the Whittier Blvd. Improvement Project - 5 months Task Comment Estimated Time

1. Prepare a feasibility
analysis for creating a
successful Whittier Blvd
Stakeholders group to include
various options on the district
boundaries.

We would commence the process
with one-on-one meetings with
key property owners and
businesses. Read documents
relative to the current situation
along Whittier Blvd.

August
Meet with City officials to
go over the process
and timeline for a
possible district
formation timeline.

2. Create a new Whittier Blvd
Community Benefit District
(CBD) Steering Committee made
up of property owners, conduct
outreach meetings to obtain
feedback from property
owners, business owners and
other key stakeholders on the
CBDeffort
NCA will work with the
stakeholders and the new
Whittier Blvd. CBD Steering
Committee and will present a
written survey for response by
property owners. The survey will
draw out support and opposition
to the concept of a special
assessments district and provide
critical data for contacting
property owners in the future. At
least three on site meetings will
be held to go over the CBD
outreach concept, survey review
and determination of the final fate
of the investigation
August
-Database created
based upon presumed
boundaries
-Survey mailout out and
tabulated on a parcel
map
-Survey questions
prioritized
-Recommendations
made to the Steering
Committee based upon
survey responses:

3. Take in the results of the
survey of property owners and
present to the City and the
CBD Steering Committee. Meet
with property owners as
needed
NCA has a unique program for
showing the levels of support and
gauging which priority services
the City and property owners
would want to see. We would
map it out and present to the
Steering Committee
September - October
- Finalize survey results
and findings, make
recommendations to the
City and the Steering
Committee

3. Write a report to the City
Manager on the results of the
investigation, recommended
timeline, and feasibility of
formation, as well as which
part of the Streets and
Highway Code to use.

If the survey response supports
the creation of a new CBD, work
with the City Manager's office to
review the various options,
probably the PBID act of 1994,
butpossibly the landscaping and
Lighting Act of 1972 to fund
special benefit services in
Whittier Blvd..

November - December
Not toExceed Costforthe
Investigation of the new
WhittierBlvd Community
Benefit District/PBID
$40,000
(5 months times $8,000
per month retainer)
WHITTIER BLVD. CBD
PHASE II – FORMATION STAGE
Estimated
Time Period

1. If instructed by the City Manager and the CBD Steering Committee, write a newsletter summarizing the CBD survey results. Send out property verification forms to all affected property owners. Submit property database to the City for verification of database.

December -
January 2023

2. Write the first draft preliminary Whittier Blvd. CBD Management District Plan, submit it to the CBD Steering Committee, meet frequently with Steering Committee until the plan has been fully supported. The Management District Plan is a legal document which will include the special benefit services to be funded by the CBD, costs per property owner; benefit zones, (if any); frequency of services; boundaries; and management by a newly formed Whittier Blvd. Improvement Association
December -
January

3. Finalize the CBD Management District Plan; get approval from the Whittier Blvd. CBD Steering Committee. Communicate with property owners on status of the district formation process. Have plan approved by City Attorney's office
January

4. Have the plan approved by an independent, certified assessment engineer. Initiate a petition drive of support among the weighted property owners to trigger the ballot, mail out plan summary to all property owners (need minimum of 50% weighted support of property owners to endorse plan, based upon current rules of the PBID Act). If we are using the Landscaping and Lighting Act of 197 2, there is no specific petition drive, but NCA staff would initiate one to show support for the district.

February -
March

5. Complete petition drive; submit petitions to the City Manager's office.

Brief City officials as instructed. Continue to meet with the Whittier Blvd. CBD Steering Committee
April

6. Work with the City on ballot preparation, if necessary May

7. Follow up with Whittier Blvd. CBD Steering Committee to ensure weighted majority property owners vote and return ballots. Attend the public hearing for the ballot counting
June - July
Not to Exceed Costs for the Formation of the Whittier Blvd. Improvement District, including the Assessment Engineers report (required) $58,000
(7 months x
$8,000 per
month retainer,
plus $2,000 for
the Assessment
Engineer's report
Total cost for the investigation and formation of the proposed Whittier Blvd. Community Benefit District/PBID is $98,000.

Costs are based upon:
• Twelve months monthly retainer of $8,000 per month = $96,000 plus • $2,000 allocated for sharing the cost of theAssessment Engineer = $2,000 Total cost of the project, August 2022 through July 2023 =$98,000

COUNCIL

MEETING
DATE

COUNCIL
MEMBER

REQUEST DETAIL DIRECTOR(S)
ACTION TAKEN: Memo; Staff
Report; Closed Session;
Presentation; Follow-up
Meeting; City Manager
Reports; Informal Action

DISCUSSION
ITEM
ACTION

ITEM DATE
STATUS:

Complete;
Pending;
On-going;
In-Progress
3/23/2021 Lutz Explore Possible Dog Park P. Yugar Follow-up Meeting On-going 5/25/2021
City Council Translate the Profile into Both English &
Spanish
Direction provided to explore
maintaining 10 editions with
full Spanish translation and
potential digital only.

P. Yugar
Staff Report 7/13/2021
10/26/21
1/25/22
2/8/22
Completed
Lara/Elias Term limits Set 12-year term limits for
City Council Members A. Glasman Memo to City Council
June
Nov '22 Pending
Lara/Lutz Lobbying Ban Set 10-year policy for banning
lobbying contracts to former
employees and City officials
A. Glasman
Discuss at retreat 4/30/22 8/10/2021 Pending
Lutz/Lara Shopping Cart Ordinance Review ordinance M. Garcia Discussion 2/22/2022 8/24/2021 Pending Elias/Lara Code of Ethics Review policy A. Glasman Discussion 2/22/2022 10/26/2021 Completed 9/28/2021
Elias/Lutz Mayor Elias Resolutions Review current ordinances for updates A. Glasman
2/22/2022 10/26/2021
1/25/2022
3/8/2022
Completed
10/26/2021 Sanchez/Lara Protestors Develop an ordinance protecting against bullying A. Glasman Pending
11/9/2021 Elias/Lara Veteran Resources Center Establish a Veterans Commission
M. Garcia
Discussion √ 12/14/2022 Completed
Camacho/Lara Rename Street Suggest changing street name near the Sports Arena to
Avenida Vicente Fernandez
Road
Ad Hoc Committee 5/10/2022 Pending

GOOD OF THE ORDER
7/13/2021
8/10/2021

COUNCIL

MEETING
DATE

COUNCIL
MEMBER

REQUEST DETAIL DIRECTOR(S)
ACTION TAKEN: Memo; Staff
Report; Closed Session;
Presentation; Follow-up
Meeting; City Manager
Reports; Informal Action

DISCUSSION
ITEM
ACTION

ITEM DATE
STATUS:

Complete;
Pending;
On-going;
In-Progress

GOOD OF THE ORDER
2/8/2022
Elias/Sanchez Heroes Recognition Recognize organizations for their work during the
pandemic
Staff to define list of honorees
to present at a Council meeting
6/28/2022 Pending
Lutz/Lara Senior Center Available office space for
Veterans Resource Center
P. Yugar
Staff to follow-up and advise
on best facility to be utilized √
Lutz/Lara Buyers Incentive Discount to first responders who purchase homes in Pico
Rivera
M. Garcia
Discuss at retreat
√
4/30/2022
4/12/2022 Lara/Elias Districts Discuss voting districts within the city A. Glasman Discussion at a future meeting √ Pending Lara/Camacho EV Charging Stations Locate possible sites to place electrical vehicle charging
stations

PW/CED/
PRIME
Lutz/Elias Revenue Generation Explore revenue generation opportunities in the City A. Garcia
6/14/2022
Elias/Camacho Sports Presentation given by ERHS Athletic Director
Agendize presentation
S. Castro
3/8/2022
5/10/2022

COUNCIL

MEETING
DATE

COUNCIL
MEMBER

REQUEST DETAIL DIRECTOR(S)
ACTION TAKEN: Memo; Staff
Report; Closed Session;
Presentation; Follow-up
Meeting; City Manager
Reports; Informal Action

DISCUSSION
ITEM
ACTION

ITEM DATE
STATUS:

Complete;
Pending;
On-going;
In-Progress

GOOD OF THE ORDER
Lara/Camacho Resource School Officer Joint meeting with ERUSD to discuss funding of Resource
Officers
Ad Hoc Committee
Lutz/Elias Monument Marker Look at cost of adding three flags to the monument on
Washington and Passons
Blvds.

T. Rodrigue
6/28/2022
Elias/Lutz PRIME Electric Bill Relief Agendize Electric Bill Relief for Non-Profits (with Solar
Panels)
A. Garcia/
S. Carmona
Lara/Camacho Battery Storage Funds Set aside $50,000 for Battery Storage for non-profits. S. Carmona
Sanchez/
Camacho
Outdoor dining Permit an outdoor dining
program
M. Garcia/T.

Rodrigue
Gustavo/
Sanchez
Pickle Ball Look at Rio Hondo Park
facility for space P. Yugar
7/12/2022
6/28/2022
6/14/2022