Agenda packet — Pico Rivera City Council, September 26, 2023 (part 2 of 2)

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Enclosures: 1) LAIF Statements for the Month Ending August 31, 2023. 2) Chandler Asset Management Transaction Ledger for the Month Ending August 31, 2023.
3) Commercial Bank of California Insured Cash Sweep Statement for the Month Ending August 31, 2023.

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Transaction
Date Tran Category
Tran Type
Description Security Description Quantity Price Principal Interest Total Amount 8/1/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 1,461.14 1.00000 1,461.14 - 1,461.14 8/6/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 4,595.08 1.00000 4,595.08 - 4,595.088/9/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 7,025.00 1.00000 7,025.00 - 7,025.00 8/11/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 100,006.43 1.00000 100,006.43 - 100,006.438/14/2023 Acquisitions Purchase FFCB Note 315,000.00 0.99770 314,275.50 - 314,275.508/15/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 600,000.00 1.00000 600,000.00 - 600,000.00 8/15/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 1,280.62 1.00000 1,280.62 - 1,280.628/15/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 10,996.60 1.00000 10,996.60 - 10,996.60 8/15/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 11,493.75 1.00000 11,493.75 - 11,493.758/15/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 678.00 1.00000 678.00 - 678.00 8/15/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 219.33 1.00000 219.33 - 219.338/15/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 933.17 1.00000 933.17 - 933.178/15/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 5,535.44 1.00000 5,535.44 - 5,535.44 8/15/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 527.58 1.00000 527.58 - 527.58 8/15/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 212.67 1.00000 212.67 - 212.678/15/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 591.58 1.00000 591.58 - 591.588/15/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 358.42 1.00000 358.42 - 358.428/15/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 4,417.85 1.00000 4,417.85 - 4,417.85 8/15/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 18,590.90 1.00000 18,590.90 - 18,590.90 8/15/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 3,391.24 1.00000 3,391.24 - 3,391.248/15/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 4,447.01 1.00000 4,447.01 - 4,447.01 8/15/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 394.62 1.00000 394.62 - 394.628/16/2023 Acquisitions Purchase Westpac Banking Corp NY Yankee CD 650,000.00 0.99999 649,994.11 105.44 650,099.55 8/16/2023 Acquisitions Purchase GM Financial Auto Leasing 2023-3 A3 75,000.00 0.99988 74,991.01 - 74,991.01 8/16/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 3,025.00 1.00000 3,025.00 - 3,025.00 8/16/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 428.38 1.00000 428.38 - 428.388/16/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 275,000.00 1.00000 275,000.00 - 275,000.00 8/18/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 4,198.97 1.00000 4,198.97 - 4,198.978/18/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 279.75 1.00000 279.75 - 279.75 8/21/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 5,376.07 1.00000 5,376.07 - 5,376.07 8/21/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 4,339.08 1.00000 4,339.08 - 4,339.088/21/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 6,769.60 1.00000 6,769.60 - 6,769.608/21/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 294.00 1.00000 294.00 - 294.008/24/2023 Acquisitions Purchase Bank Of America NA Callable Note cont 7/17/2026 400,000.00 0.99841 399,365.60 368.40 399,734.00 8/24/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 400,000.00 1.00000 400,000.00 - 400,000.00 8/24/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 500.00 1.00000 500.00 - 500.008/25/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 172.00 1.00000 172.00 - 172.008/25/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 1,312.08 1.00000 1,312.08 - 1,312.088/25/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 7,257.97 1.00000 7,257.97 - 7,257.978/25/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 1,143.75 1.00000 1,143.75 - 1,143.75 8/25/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 1,327.92 1.00000 1,327.92 - 1,327.92 8/25/2023 Acquisitions Purchase First American Govt Obligation Fund Class Y 6,053.08 1.00000 6,053.08 - 6,053.088/28/2023 Acquisitions Purchase US Treasury Bill 300,000.00 0.97363 292,090.13 - 292,090.138/14/2023 Acquisitions Short Sale First American Govt Obligation Fund Class Y (314,275.50) 1.00000 (314,275.50) - (314,275.50) 8/16/2023 Acquisitions Short Sale First American Govt Obligation Fund Class Y (650,099.55) 1.00000 (650,099.55) - (650,099.55) City of Pico Rivera Portfolio
Chandler Investment Transactions
August 2023
Enclosure 2
6b
Transaction
Date Tran Category
Tran Type
Description Security Description Quantity Price Principal Interest Total Amount City of Pico Rivera Portfolio
Chandler Investment Transactions
August 2023
8/24/2023 Acquisitions Short Sale First American Govt Obligation Fund Class Y (399,734.00) 1.00000 (399,734.00) - (399,734.00) 8/14/2023 Dispositions Closing Purchase First American Govt Obligation Fund Class Y (314,275.50) 1.00000 (314,275.50) - 314,275.50 8/16/2023 Dispositions Closing Purchase First American Govt Obligation Fund Class Y (650,099.55) 1.00000 (650,099.55) - 650,099.55 8/24/2023 Dispositions Closing Purchase First American Govt Obligation Fund Class Y (399,734.00) 1.00000 (399,734.00) - 399,734.00 8/15/2023 Dispositions Maturity US Treasury Note 600,000.00 1.00000 600,000.00 - (600,000.00) 8/16/2023 Dispositions Maturity Bank of NY Mellon Corp Callable Note Cont 6/16/20 275,000.00 1.00000 275,000.00 - (275,000.00) 8/24/2023 Dispositions Maturity FHLMC Note 400,000.00 1.00000 400,000.00 - (400,000.00) 8/15/2023 Dispositions Paydown Hyundai Auto Receivables Trust 2023-A A3 - - - 591.58 (591.58)8/15/2023 Dispositions Paydown John Deere Owner Trust 2022-A A3 - - - 212.67 (212.67)8/15/2023 Dispositions Paydown John Deere Owner Trust 2022-B A3 - - - 358.42 (358.42)8/15/2023 Dispositions Paydown Toyota Auto Receivables 2020-D A3 3,387.03 1.00000 3,387.03 4.21 (3,391.24) 8/15/2023 Dispositions Paydown Honda Auto Receivables Trust 2022-1 A3 - - - 219.33 (219.33) 8/15/2023 Dispositions Paydown American Express Credit Trust 2023-1 A - - - 527.58 (527.58)8/15/2023 Dispositions Paydown John Deere Owner Trust 2022-C A3 - - - 933.17 (933.17)8/15/2023 Dispositions Paydown Mercedes-Benz Auto Receivables 2022-1 A2 17,798.52 1.00000 17,798.52 792.38 (18,590.90)8/15/2023 Dispositions Paydown Toyota Auto Receivables Trust 2021-D A3 4,400.76 1.00000 4,400.76 46.25 (4,447.01) 8/15/2023 Dispositions Paydown Mercedes-Benz Auto Lease Trust 2021-B A3 10,971.80 1.00000 10,971.80 24.80 (10,996.60)8/15/2023 Dispositions Paydown Mercedes-Benz Auto Receivable 2023-1 A3 - - - 394.62 (394.62) 8/15/2023 Dispositions Paydown John Deere Owner Trust 2020-B A3 1,279.13 1.00000 1,279.13 1.49 (1,280.62) 8/15/2023 Dispositions Paydown John Deere Owner Trust 2021-A A3 4,404.36 1.00000 4,404.36 13.49 (4,417.85) 8/15/2023 Dispositions Paydown John Deere Owner Trust 2021-B A3 5,496.02 1.00000 5,496.02 39.42 (5,535.44) 8/15/2023 Dispositions Paydown American Express Credit Trust 2022-2 A - - - 678.00 (678.00) 8/16/2023 Dispositions Paydown GM Auto Receivable Trust 2023-2 A3 - - - 428.38 (428.38)8/18/2023 Dispositions Paydown Honda Auto Receivables Trust 2020-3 A3 4,192.18 1.00000 4,192.18 6.79 (4,198.97) 8/18/2023 Dispositions Paydown Honda Auto Receivables 2022-2 A3 - - - 279.75 (279.75) 8/21/2023 Dispositions Paydown Verizon Owner Trust 2020-B A 6,764.30 1.00000 6,764.30 5.30 (6,769.60) 8/21/2023 Dispositions Paydown Honda Auto Receivables Trust 2021-4 A3 5,311.73 1.00000 5,311.73 64.34 (5,376.07) 8/21/2023 Dispositions Paydown Honda Auto Receivables Trust 2021-1 A3 4,330.56 1.00000 4,330.56 8.52 (4,339.08) 8/21/2023 Dispositions Paydown Honda Auto Receivables Owner 2023-1 A3 - - - 294.00 (294.00)8/25/2023 Dispositions Paydown BMW Vehicle Lease Trust 2021-2 A3 6,045.21 1.00000 6,045.21 7.87 (6,053.08) 8/25/2023 Dispositions Paydown FHLMC K069 A2 - - - 1,327.92 (1,327.92) 8/25/2023 Dispositions Paydown FHLMC K073 A2 - - - 1,312.08 (1,312.08) 8/25/2023 Dispositions Paydown BMW Vehicle Lease Trust 2022-1 A3 7,201.76 1.00000 7,201.76 56.21 (7,257.97) 8/25/2023 Dispositions Paydown FHLMC K054 A2 - - - 1,143.75 (1,143.75) 8/25/2023 Dispositions Paydown BMW Vehicle Lease Trust 2023-1 A3 - - - 172.00 (172.00)8/11/2023 Dispositions Sale US Treasury Note 100,000.00 0.99945 99,945.31 61.12 (100,006.43) 8/14/2023 Dispositions Sale First American Govt Obligation Fund Class Y 314,275.50 1.00000 314,275.50 - (314,275.50) 8/16/2023 Dispositions Sale First American Govt Obligation Fund Class Y 74,991.01 1.00000 74,991.01 - (74,991.01)8/16/2023 Dispositions Sale First American Govt Obligation Fund Class Y 650,099.55 650,099.55 - (650,099.55) 8/24/2023 Dispositions Sale First American Govt Obligation Fund Class Y 399,734.00 399,734.00 - (399,734.00) 8/28/2023 Dispositions Sale First American Govt Obligation Fund Class Y 292,090.13 292,090.13 - (292,090.13) 8/8/2023 Dispositions Security Withdrawal First American Govt Obligation Fund Class Y 2,506.61 2,506.61 - (2,506.61) 8/25/2023 Dispositions Security Withdrawal First American Govt Obligation Fund Class Y 247.45 247.45 - (247.45) 8/1/2023 Other Transactions Dividend First American Govt Obligation Fund Class Y 310,864.21 1,461.14 - 1,461.14 8/6/2023 Other Transactions Interest State Street Bank Callable Note Cont 2/6/2025 90,000.00 785.70 - 785.70 Transaction
Date Tran Category
Tran Type
Description Security Description Quantity Price Principal Interest Total Amount City of Pico Rivera Portfolio
Chandler Investment Transactions
August 2023
8/6/2023 Other Transactions Interest Microsoft Callable Note Cont 12/6/2023 265,000.00 3,809.38 - 3,809.38 8/9/2023 Other Transactions Interest Paccar Financial Corp Note 130,000.00 325.00 - 325.00 8/9/2023 Other Transactions Interest Apple Inc Callable Note Cont 11/9/2026 400,000.00 6,700.00 - 6,700.00 8/15/2023 Other Transactions Interest Honeywell Intl Callable Note Cont 01/15/2028 400,000.00 9,900.00 - 9,900.00 8/15/2023 Other Transactions Interest US Treasury Note 600,000.00 375.00 - 375.008/15/2023 Other Transactions Interest US Treasury Note 650,000.00 1,218.75 - 1,218.75 8/16/2023 Other Transactions Interest Bank of NY Mellon Corp Callable Note Cont 6/16/20 275,000.00 3,025.00 - 3,025.00 8/24/2023 Other Transactions Interest FHLMC Note 400,000.00 500.00 - 500.00 Changes of Market Values and Accrued Interests 45,675.97Net Investment Transactions $ 99,121.85Beginning Balance as of 7/31/2023 31,409,132.84 Ending Balance as of 8/31/2023 $ 31,508,254.69
Contact Us
(714) 431-7000
Account

CITY OF PICO RIVERA
Date
08/31/2023
Page
1 of 4
IntraFi Cash ServiceSM, or ICS®, Monthly Statement
The following information is a summary of activity in your account(s) for the month of August 2023 and the list of FDIC-insured institution(s) that hold your deposits as of the date indicated. These deposits have been placed by us, as your agent and custodian, in deposit accounts through IntraFi Cash Service. Funds in your deposit accounts at the FDIC-insured institutions at which your funds have been placed will be "deposits," as defined by federal law.

Summary of Accounts
Account ID Deposit Option Interest Rate Opening Balance Ending Balance *********354 Savings 4.25% $0.00 $16,520,682.65
TOTAL $0.00 $16,520,682.65
CONTAINS CONFIDENTIAL INFORMATION IntraFi and ICS are registered service marks, and IntraFi Cash Service is a service mark, of IntraFi Network LLC.

Commercial Bank of California
19752 MacArthur Blvd.

Suite 100
Irvine, CA 92612
119958-31A

CITY OF PICO RIVERA
6615 PASSIONS BLVD
PICO RIVERA, CA 90660
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55319

RETURN SERVICE REQUESTED
Enclosure 3
6c

DETAILED ACCOUNT OVERVIEW
Account ID: *********354
Account Title: CITY OF PICO RIVERA
Account Summary - Savings
Statement Period 8/1-8/31/2023 Average Daily Balance $9,862,260.15 Previous Period Ending Balance $0.00 Interest Rate at End of Statement Period 4.25% Total Program Deposits 16,500,000.00 Statement Period Yield 4.34% Total Program Withdrawals (0.00) YTD Interest Paid 20,682.65 Interest Capitalized 20,682.65
Current Period Ending Balance $16,520,682.65
Account Transaction Detail
Date Activity Type Amount Balance
08/17/2023 Deposit $10,000,000.00 $10,000,000.00
08/25/2023 Deposit 3,500,000.00 13,500,000.00
08/31/2023 Deposit 3,000,000.00 16,500,000.00
08/31/2023 Interest Capitalization 20,682.65 16,520,682.65 Summary of Balances as of August 31, 2023
FDIC-Insured Institution City/State FDIC Cert No. Balance ANB Bank Denver, CO 19220 $248,784.11
Amalgamated Bank New York, NY 622 248,784.11
Bank of Houston Houston, TX 3178 248,784.11
BankUnited Miami Lakes, FL 58979 248,552.49
Black Hills Community Bank, N.A. Rapid City, SD 58723 248,552.49 Bremer Bank, National Association South St. Paul, MN 12923 248,552.49 Byline Bank Chicago, IL 20624 248,784.10
Citizens Bank of Philadelphia, MS Philadelphia, MS 12204 248,378.91 Coastal Community Bank Everett, WA 34403 248,784.11
Column National Association Chico, CA 58224 248,784.11
CrossFirst Bank Leawood, KS 58648 248,784.11
Crown Bank Edina, MN 35480 248,784.11
Customers Bank Malvern, PA 34444 248,784.11
Dime Community Bank Hauppauge, NY 6976 248,750.03
EagleBank Silver Spring, MD 34742 248,552.49
East West Bank Pasadena, CA 31628 248,784.11
Eastern Bank Boston, MA 32773 248,784.11
Encore Bank Little Rock, AR 34562 248,552.49
Esquire Bank, National Association Jericho, NY 58140 239.27 First Bank Chicago Highland Park, IL 17470 210.37
First Financial Northwest Bank Renton, WA 29058 248,378.91 First Horizon Bank MEMPHIS, TN 4977 248,784.11
First National Bank of Pennsylvania Greenville, PA 7888 248,378.91 Date
08/31/2023 Page
2 of 4
CONTAINS CONFIDENTIAL INFORMATION IntraFi and ICS are registered service marks, and IntraFi Cash Service is a service mark, of IntraFi Network LLC. %Ru
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55319

DETAILED ACCOUNT OVERVIEW
Account ID: *********354
Account Title: CITY OF PICO RIVERA
Summary of Balances as of August 31, 2023
FDIC-Insured Institution City/State FDIC Cert No. Balance First United Bank and Trust Company Durant, OK 4239 248,589.12 First-Citizens Bank & Trust Company Raleigh, NC 11063 248,784.11 FirstBank Nashville, TN 8663 248,784.11
Fulton Bank, N.A. Lancaster, PA 7551 248,378.91
Glacier Bank Kalispell, MT 30788 108,912.68
Hancock Whitney Bank Gulfport, MS 12441 248,784.11
Hanmi Bank Los Angeles, CA 24170 248,784.11
INB Springfield, IL 3664 248,552.49
International Finance Bank Miami, FL 24823 248,378.91
Israel Discount Bank of New York New York City, NY 19977 248,784.11 Leader Bank, National Association Arlington, MA 57134 248,784.11 Legacy Bank Wichita, KS 17676 248,378.91
Machias Savings Bank Machias, ME 19531 248,784.11
MainStreet Bank Fairfax, VA 57742 248,552.49
MidWestOne Bank Iowa City, IA 14843 248,774.30
NBT Bank, National Association Norwich, NY 7230 248,552.49 Northern Bank & Trust Company Woburn, MA 18266 248,784.11 Northstar Bank Bad Axe, MI 57097 248,378.91
Old National Bank Evansville, IN 3832 248,784.11
OneSouth Bank Blakely, GA 15813 248,483.95
Origin Bank Ruston, LA 12614 248,783.78
Pacific Premier Bank Irvine, CA 32172 248,772.99
Pacific Western Bank Beverly Hills, CA 24045 248,552.49 Park National Bank Newark, OH 6653 248,784.11
PeopleFirst Bank Joliet, IL 58597 248,472.83
Pinnacle Bank Nashville, TN 35583 248,784.11
Popular Bank New York, NY 34967 248,784.11
Raymond James Bank St. Petersburg, FL 33893 248,784.11
Republic Bank & Trust Company Louisville, KY 23627 248,378.91 South State Bank, N.A. Winter Haven, FL 33555 248,784.11 Southern Bank and Trust Company Mount Olive, NC 15359 248,378.91 Sunwest Bank Irvine, CA 20164 248,552.49
Synovus Bank Columbus, GA 873 248,378.91
T Bank, National Association Dallas, TX 57703 248,515.39 Texas Republic Bank, National Associatio Frisco, TX 3400 248,378.91 The American National Bank of Texas Terrell, TX 23474 248,784.11 The Washington Trust Company of Westerly Westerly, RI 23623 248,784.11 TowneBank Portsmouth, VA 35095 248,784.11
Truist Bank Charlotte, NC 9846 248,552.49
Date
08/31/2023 Page
3 of 4
CONTAINS CONFIDENTIAL INFORMATION IntraFi and ICS are registered service marks, and IntraFi Cash Service is a service mark, of IntraFi Network LLC.

DETAILED ACCOUNT OVERVIEW
Account ID: *********354
Account Title: CITY OF PICO RIVERA
Summary of Balances as of August 31, 2023
FDIC-Insured Institution City/State FDIC Cert No. Balance U.S. Bank National Association Cincinnati, OH 6548 248,784.11 United Bank Fairfax, VA 22858 248,552.49
Valley National Bank Wayne, NJ 9396 248,552.49
Veritex Community Bank Dallas, TX 57665 248,784.11
Watermark Bank Oklahoma City, OK 59148 167.83
Western Alliance Bank Phoenix, AZ 57512 248,784.11
Wilson Bank and Trust Lebanon, TN 26962 248,784.11
Zions Bancorporation, N. A. Salt Lake City, UT 2270 248,784.11 Date
08/31/2023 Page
4 of 4
CONTAINS CONFIDENTIAL INFORMATION IntraFi and ICS are registered service marks, and IntraFi Cash Service is a service mark, of IntraFi Network LLC. %RyH VDk0R
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55319
To: Mayor and City Council
From: City Manager
Meeting Date: September 26, 2023
Subject: APPROVE AMENDMENT NO. 3 TO AGREEMENT NO.18-
1825 WITH MARIPOSA LANDSCAPES INC. TO MODIFY

AGREEMENT COMPENSATION AND EXTEND ROUTINE
LANDSCAPE MAINTENANCE SERVICES ON A MONTHTO-MONTH BASIS FOR SIX (6) MONTHS Recommendation:

1. Approve Amendment No. 3 (Enclosure No. 1) to Agreement No.18-1825 with Mariposa Landscapes Inc. (Mariposa) in the amount not-to-exceed $187,700, which includes $126,200 ($21,028 per month) for routine maintenance services on a month-to-month basis for six (6) months maximum and $61,500 ($20,475 per month) for services rendered from July through September 2023; and

2. Authorize the City Manager to execute the amendment in a form approved by the City Attorney.

Fiscal Impact:

The fiscal year (FY) 2023-24 adopted budget includes adequate appropriations to cover the expenditures of $187,700 under Account No. 100.40.4032-54500 (Contracted Services). No additional funding is required at this time.

Discussion:

The agreement with Mariposa for routine landscape maintenance services (Agreement No.18-1825) was approved by the City Council effective October 1, 2018. The term was for three (3) years with two (2) one-year renewal options. On October 12, 2021, the City approved Amendment No. 1 extending the term to September 30, 2022. On September 13, 2022, the City approved Amendment No. 2 extending the term to September 30, 2023.

At this time, under mutual agreement, the City and Mariposa Landscapes, Inc. desire to extend the contract for up to six (6) months on a month-to-month basis. The amount of this extension will be $126,200 (beginning October 1, 2023) which includes a negotiated 7 CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 26, 2023 APPROVE AMENDMENT NO.3 TO AGREEMENT NO.18-1825 WITH MARIPOSA LANDSCAPES INC. TO MODIFY AGREEMENT COMPENSATION AND EXTEND

ROUTINE LANDSCAPE MAINTENANCE SERVICES ON A MONTH-TO-MONTH BASIS FOR SIX (6) MONTHS

Page 2 of 2 ends

2.7% CPI increase ($21,028 per month). At this time staff would also request to include the amount of $61,500 ($20,475 per month) for services provided July through September 2023.

Approving Amendment No. 3 to Agreement No. 18-1825 will ensure there is no lapse in landscape maintenance services to the City parks and facilities and will allow staff to finalize the Request for Bids (RFB), advertise, and eventually award a contract for landscape maintenance services.

Conclusion:

Staff recommends approval of Amendment No. 3 to Agreement No.18-1825 with Mariposa in the amount of $187,700 and requests authorization to the City Manager to execute the amendment in a form approved by the City Attorney.

Steve Carmona
SC:NN:ML:np
Enclosures: 1) Amendment No.3
2) Agreement No 18-1825 - Landscape Maintenance Services AMENDMENT NO. 3
TO THE CONTRACTUAL SERVICES AGREEMENT NO. 18-1825 FOR
LANDSCAPE MAINTENANCE SERVICES WITH MARIPOSA LANDSCAPES, INC.

THIS AMENDMENT NO. 3 TO THE CONTRACTUAL SERVICES AGREEMENT NO. 18- 1825 FOR LANDSCAPE MAINTENANCE SERVICES WITH MARIPOSA
LANDSCAPES, INC. (“Amendment No. 3"), 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 Mariposa Landscapes, Inc., (“CONTRACTOR”).

RECITALS
A. CITY and CONTRACTOR (collectively referred to as the “Parties”) have previously executed that certain Contractual Services Agreement for Agreement No. 18-1825 dated September 28, 2018, as amended by the Amendment No. 1 to the Contractual Services Agreement, dated October 12, 2021, and Amendment No. 2 to the Contractual Services Agreement, dated September 22, 2022 (collectively “Agreement”) relating to landscape maintenance services in the City of Pico Rivera.

B. The Parties desire to amend said Agreement as set forth herein, pursuant to Sections 3, 5 and 25 of the Agreement.

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

1. CITY’S OPTION TO EXTEND TERM.

In accordance with Section 3. TERM of the Agreement, by executing this amendment, the Parties mutually agree to extend the term of the Agreement on a month-to-month basis, up to six (6) months maximum. The expiration date and maximum extension date included in Section 3 of the Agreement is hereby amended to extend the Term of the Agreement until such time as CITY terminates the Agreement, but no later than March 31, 2024.

2. COMPENSATION.

As compensation for the Scope of Services associated with the extension of the Term and those included in Exhibit A, the Contract Sum under Section 2(a) of the Agreement shall be hereby modified by an amount not to exceed One Hundred Twenty-Six Thousand Two Hundred ($126,200) for the term of six (6) months ($21,027.83 / monthly). In addition, to clarify Amendment No.2 previously approved a monthly amount of $20,475 per month to be applied from July 2023 to September 2023.

3. EFFECT OF AMENDMENTS.

Except as modified herein, either expressly or by necessary implication, the terms Enclosure 1
7a
Amendment No. 3
MARIPOSA LANDSCAPES, INC.

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and provisions of the Agreement between the CITY and CONTRACTOR shall remain in full force and effect.

4. EFFECTIVE DATE.

Unless otherwise specified herein, this Amendment No. 3 shall become effective as of the date set forth below on which the last of the parties, whether CITY or CONTRACTOR, executes this Amendment No. 3.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 3 to be executed and attested by their respective officers hereunto duly authorized. “CITY” “CONTRACTOR”
CITY OF PICO RIVERA MARIPOSA LANDSCAPES, INC.
______________________________ _________________________________ Steve Carmona, City Manager Terry Noriega, President
Dated: ________________________ Dated: ____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ _________________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney

EXHIBIT A
TEL 800 • 794 • 9458 • FAX 626 • 960 • 8477 • www.mariposa-ca.com 6232 SANTOS DIAZ ST., IRWINDALE, CA 91702 • CA CONTRACTOR’S LIC # 592268 A, C-27, D-49 Our Core Values – Safety • Teamwork • Quality • Integrity Tuesday August 15, 2023
Jose Gutierrez- Field Services Manager
City of Pico Rivera
6615 Passons Blvd
Pico Rivera, CA 90660
RE: Landscape Maintenance Service Contract (#18-1825) – Request for Increase and Extension.

Dear Mr. Gutierrez,
Mariposa Landscapes, Inc., hereby requests the extension of our current landscape maintenance agreement on a month-to-month basis not to exceed 6 months. This month-tomonth extension will begin on October 1st, 2023.

However, due to the increases in wages and other operating costs, we are requesting that our contract prices and unit prices be increased 2.7%. This increase would bring the monthly price to $21,027.83.

I want to take this opportunity to thank you for allowing Mariposa Landscapes, Inc. to provide quality landscape maintenance services to the City of Pico Rivera and its residents. We look forward to continue servicing the city for many years to come.

Respectfully,
Tony Valenzuela- Branch Manager
[email protected]
626-252-4210 cell (626) 960-8477 fax
EXHIBIT A-1
Enclosure 2
7b

To: Mayor and City Council
From: City Manager
Meeting Date: September 26, 2023
Subject: CITY BRANDING, SIGNAGE AND FURNITURE MASTER
PLAN – AWARD A PROFESSIONAL SERVICES

AGREEMENT
Recommendation:

1. Award a Professional Services Agreement with Selbert Perkins Design (SPD) for an amount not-to-exceed $350,000 to develop a City Branding, Signage, and Furniture Master Plan, in a form approved by the City Attorney;

2. Approve an appropriation of $220,000 in Public Image Enhancement (PIE) Funds to Account No. 220.11.1110-54500;

3. Approve an appropriation of $45,500 in Water Authority Funds to Account No. 550.11.1110-54500; and

4. Approve an appropriation of $84,500 in PRIME Funds to Account No. 560.11.1110- 54500.

Fiscal Impact:

There is no fiscal impact to the General Fund. Staff have confirmed that the Public Image Enhancement (PIE) Fund is an eligible source and has sufficient funding for this project.

Staff has allocated the costs of this plan to three funding sources, as they will all benefit from the branding for each of their various services: PIE Funds for general City branding, as well as Water Authority (Fund 550) and PRIME (Fund 560) for their respective services.

Staff seeks additional appropriations of $220,000 in Public Image Enhancement (PIE) Funds to Account No. 220.11.1110-54500, $45,500 in Water Authority Funds to Account No. 550.11.1110-54500 and $84,500 in PRIME Funds to Account No. 560.11.1110-54500.

Background:

In 2020, the City of Pico Rivera developed a community and economic recovery framework to address major challenges introduced by COVID-19, the economic downturn, climate 8 CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 26, 2023 CITY BRANDING, SIGNAGE AND FURNITURE MASTER PLAN – AWARD A

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change, impacts from the Whittier Narrows Dam Safety Project, and multiple unfunded state and federal mandates. Based on input from the City Council, the framework evolved into what is now the Pico Rivera 2035: Community Revitalization Program (PR 2035), a modern-day renaissance designed to establish a dynamic downtown, a vibrant uptown, lively riverfront, and inspiring places that reflect the rich history, culture, and diversity of Pico Rivera. PR 2035 helps to ensure a more sustainable environment, resilient economy, proactive government, and a better quality of life for all, especially for future generations.

PR 2035 will undoubtedly reshape the physical landscape and reposition the City as an inviting place to live, work, and play within the region. The current state of transition presents an opportunity to modernize the City’s identity, brand, and logo, that not only captures the special attributes of Pico Rivera but introduces an appealing sense of place and style that elevates the City’s marketability as a hotbed for new public and private development. The City’s current brand/logo has been in use for nearly eight (8) years, whereas the previous brand had not changed in 20 years.

Discussion:

Over the past couple of years, the City has prioritized the development of master plans, strategic plans, specific plans, and revitalization programs that outline a path for enhancing infrastructure, beautifying the community, upgrading facilities, and advancing new development within the City. These plans help to convey the City’s intent to invest resources, coordinate actions, and synchronize improvements with broader regional and statewide goals. Such plans also help to translate a common vision into a consistent, coherent, and harmonious theme that inspires community pride. For example, the City developed the Citywide Roadway Median Landscape Restoration Master Plan, which established a multi-benefit path to conserve water, reduce maintenance, and increase the visual appeal and attractiveness of City streets.

Developing master, specific, and strategic plans and programs also serves as a handy tool for attracting new businesses and promoting economic development in the City.

Developers often look for and favor communities with a well-supported vision and guiding policy documents that not only simplify the development process but provide a high degree of predictability.

Beyond a blueprint for desired community improvements, these plans are also an effective mechanism for securing implementation grant funding. Understanding the path to implementation enables staff to aggressively pursue and strongly compete for funding at all levels of government. In fact, based on the objective to develop and implement such plans, the City of Pico Rivera has been remarkably successful in securing competitive grants.

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The following is only a small subset of plans/programs funded by competitive grants:

Plan/Project Grant Program Amount
Citywide Roadway Median Landscape Restoration
Master Plan – Major Corridors
Caltrans Clean CA $4,200,000
Citywide Roadway Median Landscape Restoration
Master Plan – Rosemead Blvd.

Caltrans Clean CA $3,900,000
Historic Whittier Blvd. Multimodal Plan Congressionally Directed Community Project Funding
$332,000
Local Roadway Safety Plan Highway Safety Improvement
Safety Program
$52,000
Washington Blvd. TOD Specific Plan Metro TOC Program $390,000 Climate Action & Adaptation Plan So Cal Gas Climate Adaptation & Resiliency
$50,000
As plans and projects progress through implementation, additional needs and considerations typically arise. The Historic Whittier Boulevard Revitalization Program gave rise to the idea of establishing a formal “uptown” district that merits its own unique identity and branding. Distinct design styles, artistic features, special qualities, and nuanced character can be integrated into the urban form through street signage, furniture, architecture, landscaping, infrastructure, and much more. Although Whittier Boulevard and the “uptown” area are indeed special, the new and revitalized identity must also be consistent and reinforce the overarching Citywide image.

After a preliminary assessment of existing signage, marquees, street furniture, and other public-facing amenities, it was evident that the City does not have a guiding policy document to drive a cohesive and unified vision for the design of such amenities. In large part, design decisions have been made on a case-by-case basis by the City. Considering the critical point of inflection that focuses on the City’s future, members of the Economic Development and Infrastructure Ad-Hoc Committees provided much needed guidance to initiate a process for developing a comprehensive branding, signage, and furniture master plan.

The branding element of the master plan will focus on creating an implementable and interrelated branding structure for the City of Pico Rivera as a whole, including our Water Authority, PRIME/Office of Sustainability and special initiatives such as, but not limited to:
- PR 2035
- Commuter Rail Station
- River Revitalization Program
- Downtown Pico Rivera
- Uptown Pico Rivera
- IDEA Lab
The City signage and furniture elements of the master plan will focus on a comprehensive analysis of existing facility types, condition, location, etc. Based on the final branding scheme, conceptual alternative themes will be developed for signage (street signage, marquees, monuments, gateway, wayfinding, etc.) and furniture (benches, light posts, bus CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 26, 2023 CITY BRANDING, SIGNAGE AND FURNITURE MASTER PLAN – AWARD A

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shelters, trash receptacles, etc.). Based on input and feedback, a preferred alternative will be brought to the City Council for consideration and approval.

Professional Services Procurement Process
Staff prepared and published a Request for Qualifications (RFQ) on Monday, April 10, 2023, to solicit competitive proposals to develop a Citywide branding, signage, and furniture master plan. A total of two (2) proposals were received by the deadline of April 27, 2023. Proposals were then evaluated by a diverse review panel (The scoring results are displayed on the following page).

The scoring results are as follows:

Selbert Perkins Design (SPD) partnered with subconsultant Moore Iacofano & Goltsman (MIG) and presented the strongest proposal in all categories. The SPD proposal conveyed a deep understanding of the project, clearly demonstrated their capability to fulfill all requirements in the scope of work and provided outstanding examples of previous yet similar work.

Selbert Perkins Design
SPD is a multidisciplinary, international design firm specializing in wayfinding, placemaking, and place branding. SPD has offices in Boston, Chicago, Los Angeles, and Shanghai, with a combined staff of 40 people. SPD is recognized for collaborating with cities to help them thrive in today’s hyper competitive marketplace where municipalities must be smarter and more creative than ever about how they communicate with, engage, and connect with residents, visitors, and regional audiences within the Greater Los Angeles area. From “logos to landmarks,” SPD creates everything from brand identities and marketing communication plans to advertising campaigns and placemaking. SPD is known for their strategic approach to creative excellence, transforming brands and driving results, and for solving their clients’ most challenging problems.

MIG, Inc.

MIG improves, adapts, and creates organizations, environments, and tools for human development. MIG is comprised of designers, planners, engineers, scientists, and storytellers who engage people in creative problem solving and collective action. MIG is at CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 26, 2023 CITY BRANDING, SIGNAGE AND FURNITURE MASTER PLAN – AWARD A

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the forefront of innovation and lead local, regional, and national planning and design initiatives to ensure accessibility and equity; engage, educate, and empower people through participatory processes; facilitate strategy development for social change; create playful and inclusive communities; reimagine streets and repurpose infrastructure; revitalize cities and restore ecosystems; and promote environmental stewardship by recognizing that the health of the natural and built world is mutually dependent.

A list of collective services and previous clients include:

Design Services Previous Clients
Master Planning & Wayfinding Systems City of Anaheim, California Urban Design & Placemaking City of San Diego, California GIS Analysis & Mapping City of Palm Springs, California Media Integration & Digital Communications City of Lancaster, California Branding, Logos & Identity Design City of Long Beach, California Public Art & Placemaking City of West Hollywood, California Visioning & Community-Based Planning City of Las Vegas, Nevada Landscape Architecture & Green Infrastructure Los Angeles World Airports, California Community Engagement and Public Outreach Port of Los Angeles, California Conclusion:

This recommendation is aligned and advances the following priorities identified in the Pico Rivera Strategic Plan:
- Economic Development & Land Use
- Infrastructure
- Health, Wellness, & Safety
- Community Engagement
Staff recommends that the City Council approve a Professional Services Agreement with Selbert Perkins Design (SPD) for an amount not-to-exceed $350,000 to develop a City Branding, Signage, and Furniture Master Plan.

Steve Carmona
SC:JH:smc
Enclosure: 1) Professional Services Agreement

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF PICO RIVERA AND

SELBERT PERKINS DESIGN

1. IDENTIFICATION
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Pico Rivera, a California municipal corporation (“City”) and Selbert Perkins Design, (“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 comprehensive design, master planning, and analysis services.

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 April 27, 2023 proposal to City 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 April 27, 2023 proposal to City attached hereto as Exhibit “B.”

3.3 “Commencement Date”: July 1, 2023

3.4 “Expiration Date”: July 1, 2024

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 ENCLOSURE 1
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compensation and costs payable to Consultant under this Agreement exceed the sum of Three Hundred and Fifty Thousand ($350,000) 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.

During the term of this Agreement, Consultant shall not perform any work for another person or

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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. Robin Perkins, President 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.

12.2 The Parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship, jointemployer 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 subconsultants 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.

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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

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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.

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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 Five Million Dollars ($5,000,000) umbrella or excess liability.

16.1.2 Automobile Liability Insurance for owned, hired and non-owned vehicles utilized by 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.

16.2 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.

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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 self-insurance 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 selfinsured 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.

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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
Robin Perkins, President
Selbert Perkins Design
432 Culver Blvd
Playa Del Rey, CA 90293

With a courtesy copy to:

[email protected]
And a courtesy copy to:

Arnold M. Alvarez-Glasman, City Attorney
13181 Crossroads Parkway North
Suite 400 - West Tower
City of Industry, CA 91746

PROFESSIONAL SERVICES AGREEMENT

SELBERT PERKINS DESIGN

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21. SURVIVING COVENANTS
The Parties agree that the covenants contained in Sections 13, 15 and Paragraph 17.2 of Section 17, of this Agreement shall survive the expiration or termination of this Agreement.

22. TERMINATION

22.1. City shall have the right to terminate this Agreement for any reason on five (5) calendar days’ written notice to 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.

PROFESSIONAL SERVICES AGREEMENT

SELBERT PERKINS DESIGN

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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.

PROFESSIONAL SERVICES AGREEMENT

SELBERT PERKINS DESIGN

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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.

PROFESSIONAL SERVICES AGREEMENT

SELBERT PERKINS DESIGN

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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 SELBERT PERKINS DESIGN

______________________________ ___________________________________ Steve Carmona, City Manager Robin Perkins, President
Dated: ________________________ Dated: _____________________________ ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________________

PROFESSIONAL SERVICES AGREEMENT

SELBERT PERKINS DESIGN

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EXHIBIT A

CONSULTANT PROPOSAL INCLUDING

SCOPE OF SERVICES
AND

APPROVED FEE SCHEDULE

PROFESSIONAL SERVICES AGREEMENT

SELBERT PERKINS DESIGN

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APPENDIX B

NON-COLLUSION AFFIDAVIT
The undersigned declares states and certifies that:

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

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

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

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

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

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

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

________________________________
Signature of Authorized Representative

________________________________ ________________________________________ Name of Authorized Representative Title of Authorized Representative

PROFESSIONAL SERVICES AGREEMENT

SELBERT PERKINS DESIGN

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APPENDIX C
CONSULTANT’S ACKNOWLEDGEMENT OF COMPLIANCE WITH INSURANCE

REQUIREMENTS FOR AGREEMENT FOR PROFESSIONAL/CONSULTANT SERVICES

Consultant 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.

Consultant:

Name (Please Print or Type)

By: ______________________________________________________ Consultant’s Signature

Date:

This executed form must be submitted with Scope of Work proposal.

PROFESSIONAL SERVICES AGREEMENT

SELBERT PERKINS DESIGN

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APPENDIX D

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. Proposer 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, Proposer 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, Proposer agrees, if selected to furnish services to the City in accordance with this RFP.

3. Proposer 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 Proposer and that the Proposer 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.

Name of Proposer:

Signature:

Name:

Title
Date
To: Mayor and City Council
From: City Manager
Meeting Date: September 26, 2023
Subject: SENIOR CENTER RESTROOMS ADA IMPROVEMENT
PROJECT (CIP NO. 50036) – AWARD CONSTRUCTION
CONTRACT TO GLOBAL BUILDERS, INC.

Recommendation:

1. Award a construction contract for a not-to-exceed amount of $442,888 to Global Builders, Inc. for the Senior Center Restrooms American with Disabilities Act (ADA) Improvement Project, Capital Improvement Project (CIP) No. 50036; and authorize the City Manager to execute the contract in a form approved by the City Attorney;

2. Authorize the City Manager or his designee to process change orders in an amount not-to-exceed 10% of the total project amount, as needed, up to $44,289 for construction contingencies;

3. Appropriate $22,177 from the anticipated fiscal year (FY) 2022-23 General Fund surplus to CIP Fund (Account No. 400.70.7310-54500-CIP50036);

4. Transfer $22,177 from the CIP Fund to the Senior Center ADA Restroom Improvement Project (Account No. 400.70.7310-54500-CIP50036); and

5. Authorize the Administrative Services Department to increase Purchase Order No. 2024 -11 to 1st Jon, Inc. (1st Jon) in the amount of $25,000, for a total PO amount not-to-exceed of $75,000 – to cover the cost of portable restrooms needed to complete this project.

Fiscal Impact:

The FY 2023-24 Adopted Budget includes $550,000 for the Senior Center Restrooms ADA Improvement Project (Account No. 400.70.7310-54500-CIP.50036). Staff requests an appropriation of $22,177 from the anticipated FY 2022-23 General Fund surplus to the CIP Fund. Subsequently, staff requests to transfer funds from the CIP Fund to the Senior 9 CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 26, 2023 SENIOR CENTER RESTROOMS ADA IMPROVEMENT PROJECT (CIP NO. 50036) – AWARD CONSTRUCTION CONTRACT TO GLOBAL BUILDERS, INC.

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Center ADA Restroom Improvement Project (Account No. 400.70.7310-54500- CIP.50036) for the same amount of $22,177.

Background:

The restrooms located at the Senior Center are outdated and in need of renovations. The current restroom doors are difficult to open, plumbing is not functioning properly, fixtures and finishes have deteriorated, and restroom stalls are not in compliance with current Americans with Disabilities Act (ADA) standards.

In 2021, the City hired Willdan Engineering, Inc. to design restroom improvements which included installing new tiles, partitions, countertops, and mirrors. Additionally, the plumbing, electrical and mechanical elements will be replaced and updated, and all plumbing lines will undergo hydro jetting. The work will be completed in accordance with the current standards of the ADA and state and local building codes. Furthermore, temporary restroom facilities will be made available throughout the duration of the construction period. The design was completed for this project in FY 2021 and totaled $53,300.

Discussion:

On June 30, 2023, a Notice Inviting Bids (NIB) was advertised for the project in the Cerritos Newspaper, posted on Planet Bids, and advertised through the City’s website.

On July 13, 2023, three (3) bids were received via the City’s PlanetBids Project listing.

The following is the bid summary:

Upon evaluation of the bids, it was discovered that Kal Best Contractor, Inc.’s bid proposal did not include a notarized Non-Collusion Declaration Form, an executed Letter of Assent to the Community Workforce Agreement from the prime contractor, or the required Skilled and Trained Workforce Certification. Kal Best Contractor’s bid was therefore deemed non-responsive.

Staff determined Global Builders, Inc. to be the lowest responsive and responsible bidder.

Staff has verified Global Builders, Inc.’s references and found their past performance on jobs of similar size and scope to be satisfactory. They performed similar work for local municipalities including the cities of Laguna Beach, Long Beach, and Downey. Their Construction Company Bid Amount
Global Builders, Inc. $442,888.00
MCL Construction, Inc. $488,215.00
Kal Best Contractor, Inc. non-responsive
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 26, 2023 SENIOR CENTER RESTROOMS ADA IMPROVEMENT PROJECT (CIP NO. 50036) – AWARD CONSTRUCTION CONTRACT TO GLOBAL BUILDERS, INC.

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bonds, insurance documents, and City business license will be submitted and reviewed upon award and their contractor’s license is current.

The anticipated schedule for the project is as follows:
• Award Construction …………..… September 2023
• Start Construction ………………. October 2023
• Complete Construction …………. Early 2024
Project management, construction management and inspection services will be provided by a consulting firm from the City’s on-call staff augmentation list.

Furthermore, while this project is under construction, the senior center will require portable restrooms for the public. We currently have an existing purchase order with 1st Jon for portable restroom services (Enclosure 2). They have agreed to extend their pricing which was the lowest and most responsible quote received. At this time, we are at the point where we will be exceeding the current 1st Jon Purchase Order at the amount of $50,000 due to needs for our special events. We are asking the City Council to authorize the City Manager or his designee to increase our current Purchase Order (2024- 11) by $25,000 – to a not-to-exceed total amount of $75,000 in an effort to ensure that these portable restrooms are secured in time for project kick off.

The following is the project summary:

Project Expenditure Summary
Activity Budget
Design $53,300
Project/Construction Management/Inspection $60,000
Construction $442,888
Construction Contingency $44,289
Portable Restrooms (3 Months) $25,000
Total Estimated Project Expenditures $625,477
Project Budget
Funding Category Budget
Design $53,300
CIP 50036 Approved Budget – General Fund $550,000
Transfer from City Surplus Funds $22,177
Total Project Budget $625,477
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 26, 2023 SENIOR CENTER RESTROOMS ADA IMPROVEMENT PROJECT (CIP NO. 50036) – AWARD CONSTRUCTION CONTRACT TO GLOBAL BUILDERS, INC.

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Conclusion:

Staff recommends awarding a construction contract to Global Builders, Inc. for a not-toexceed amount of $442,888; authorize the City Manager or his designee to process change orders as needed in an amount not-to-exceed $44,289 for construction contingencies; authorize the City Manager to execute the contract in a form approved by the City Attorney; and authorize the appropriation and transfer of $22,177 from the anticipated FY 2022-23 General Fund surplus to the CIP Fund and subsequently to the Senior Center ADA Restroom Improvement Project.

Steve Carmona
SC:PY:df
Enclosures: 1) Construction Contract Agreement
2) Bid Schedule
3) 1st Jon Purchase Order

CONSTRUCTION CONTRACT AGREEMENT
BETWEEN THE CITY OF PICO RIVERA AND GLOBAL BUILDERS, INC.

SENIOR CENTER RESTROOMS ADA IMPROVEMENTS PROJECT
(CIP NO. 50036)
THIS CONTRACT (“Contract”) is made and entered this 27th day of April, 2021 (“Effective Date”), by and between the CITY OF PICO RIVERA, a California municipal corporation (the “CITY”) and Global Builders, Inc., a California corporation (the “CONTRACTOR”). The CONTRACTOR’s California State CONTRACTOR’s license number is 1045058. The CONTRACTOR and the CITY are sometimes referred to herein collectively as the “Parties” and singularly as “Party”.

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

1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid Proposal (including documentation accompanying the Bid Proposal and any post-Bid Proposal documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. In the event there is a conflict between the terms of this Contract and the Contract Documents, the more specific or stringent provision shall govern. CITY shall decide which document contains the more specific or stringent provision. The Contract Documents are attached hereto and incorporated herein by reference.

2. Scope of Services. The CONTRACTOR shall perform and provide all materials, tools, equipment, labor, and services necessary to complete the Work in a good and workmanlike manner for the project identified as Senior Center Restrooms ADA Improvements (“Work”); Project No. 50036 (“Project”), as more particularly described in the Contract Documents.

3. Compensation.

3.1 Contract Price and Basis for Payment. In consideration for the CONTRACTOR’s full, complete, and timely performance of the Work required by the Contract Documents, the CITY shall pay the CONTRACTOR for the actual quantity of Work required under the Bid Items awarded by the CITY performed in accordance with the lump sum prices and unit prices for Bid Items, set forth in the Bidder’s Bid Schedule submitted with the Bid Proposal. The sum of the unit prices and lump sum prices for the Bid Items, awarded by the CITY is Four Hundred Forty-Two Thousand, Eight Hundred Eighty-Eight Dollars and 00/100 Cents ($442,888.00) (“Contract Price”). It is understood and agreed that the quantities set forth in the Bidder’s Proposal for which unit prices are fixed are estimates only and that the CITY will pay and the CONTRACTOR will accept, as full payment for these items of work, the unit prices set forth in the Bidder’s Proposal multiplied by the actual number of units performed, constructed, or completed as directed by the City Engineer.

3.2 Contingency Funding. The CONTRACTOR acknowledges and understands that the CITY has reserved contingency funds to be awarded to the CONTRACTOR in addition, and in an amount not-to-exceed 10% of the total Project amount, as needed, to the Compensation defined above if and only if all of the following conditions are met:
9a
Contract Agreement
GLOBAL BUILDERS, INC.

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1) Upon inspection of the Project site, the CONTRACTOR, using its best and experienced judgment determines that the Project additional work; and 2) The CONTRACTOR submits in writing to the CITY work specifications and projected costs associated with the additional work; and
3) The CITY has an opportunity to review, comment, and request revisions and/or recommendations to such additional work; and
4) CITY approves the additional work and both Parties execute a binding “First Amendment” to this Contract for the purpose of awarding the CONTRACTOR additional funding from the CITY’s approved Continency Amount in an additional amount of up to, and including, ten percent (10%) of the total Project amount; and 5) The CONTRACTOR receives a written Notice to Proceed from the CITY specifically related to the additional work.

3.3 Payment Procedures. Based upon applications for payment submitted by the CONTRACTOR to the CITY, the CITY shall make payments to the CONTRACTOR in accordance with Section 9 of the Standard Specifications, as modified by Section 9 of the General Provisions.

3.3 Substitution of Securities. Pursuant to Public Contracts Code Sec. 22300, CONTRACTOR shall be allowed to substitute securities for any moneys withheld by the CITY to ensure performance under a contract, 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 contract, the securities shall be returned to the CONTRACTOR.

4. Contract Time.

4.1 Initial Notice to Proceed. The CITY shall issue the “Notice to Proceed to Fulfill Preconstruction Requirements and Order Materials.” The date specified in the Notice to Proceed to Fulfill Preconstruction Requirements and Order Materials constitutes the date of commencement of the Contract Time of 45 Working Days. The Contract Time includes the time necessary to fulfill preconstruction requirements, place the order for materials, and to complete construction of the Project (except as adjusted by subsequent Change Orders).

The Notice to Proceed to Fulfill Preconstruction Requirements and Order Materials shall further specify that the CONTRACTOR must complete the preconstruction requirements and order materials within 20 Working Days after the date of commencement of the Contract Time; this duration is part of the Contract Time.

Preconstruction requirements include, but are not limited to, the following:
• Submitting and obtaining approval of Traffic Control Plans • Submitting and obtaining approval of the Stormwater Pollution Prevention Plan (SWPPP)/Water Pollution Control Plan (WPCP)
Contract Agreement
GLOBAL BUILDERS, INC.

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• Submitting and obtaining approval of critical required submittals • Obtaining an approved no fee Encroachment Permit
• Obtaining a Temporary Use Permit for a construction yard • Notifying all agencies, utilities, residents, etc., as outlined in the Contract Documents

4.2 Notice to Proceed with Construction. After all preconstruction requirements are met and materials have been ordered in accordance with the Notice to Proceed to Fulfill Preconstruction Requirements and Order Materials, the CITY shall issue the “Notice to Proceed with Construction,” at which time the CONTRACTOR shall diligently prosecute the Work, including corrective items of Work, day to day thereafter, within the remaining Contract Time.

5. Liquidated Damages for Delay and Control of Work.

5.1 Liquidated Damages. The CONTRACTOR and the CITY have agreed to liquidate damages pursuant to Section 6-9 of the General Provisions.

6. Early Completion.

Not applicable.

7. Work after Stop Work Notice. Any Work completed by the CONTRACTOR after the issuance of a Stop Work Notice by the CITY shall be rejected and/or removed and replaced as specified in the applicable Section of the Special Provisions.

8. Antitrust Claims. In entering into this Contract, the CONTRACTOR offers and agrees to assign to the CITY all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec.§ 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the CITY tenders final payment to the CONTRACTOR without further acknowledgment by the Parties.

9. Prevailing Wages. The CITY and the CONTRACTOR acknowledge that the Project is a public work to which prevailing wages apply. The CITY has entered into the “Community Workforce Agreement” (“CWA”) with the Los Angeles and Orange Counties Building and Construction Trades Council attached as Appendix III to the Bid Documents, 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 the Work and all SubCONTRACTORs must agree to be bound by the CWA during performance of the Work. Each CONTRACTOR must submit a completed and executed Letter of Assent with its Bid Propoal; failure of a Bid Proposal to be accommpanied by the CONTRACTOR’s completed and executed Letter of Assent will render the Bid Proposal non-responsive and rejected. If awarded a contract, the successful 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 Contract Agreement
GLOBAL BUILDERS, INC.

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CWA shall not apply if the CITY receives funding or assistance from any Federal, State, local or other public entity for the construction Contract 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, bidders, 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.

10. Workers’ Compensation. 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 Labor Code Section 1861, by signing this Contract, the CONTRACTOR certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

11. Miscellaneous Statutory Requirements

11.1. CONTRACTOR License. CONTRACTOR shall possess a California CONTRACTOR’s license type for the performance of the Project.

11.2 Ineligible CONTRACTOR Prohibited.Any CONTRACTOR or sub-CONTRACTOR who is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code is prohibited from performing work under this Contract.

11.3 Compliance with SB 854 Registration. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No prime CONTRACTOR or sub-CONTRACTOR may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. No prime CONTRACTOR or sub-CONTRACTOR may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

The CONTRACTOR will be required to post job site notices as described in California Code of Regulation, title 8, section 16451(d).

11.4 Trenches, Excavations and Unknown Conditions. Pursuant to California Public Contract Code Section 7104, in the event the Work included in this Contract requires excavations more than four (4) feet in depth, the following shall apply. (a) CONTRACTOR shall promptly, and before the following conditions are disturbed, notify CITY, in writing, of any: (1) material that CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site different from those indicated; or (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for Contract Agreement
GLOBAL BUILDERS, INC.

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in the Contract.
(b) CITY shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in CONTRACTOR’s cost of, or the time required for, performance of any part of the Work, it shall issue a change order per Section 3-3 of the General Provisions. (c) In the event that a dispute arises between CITY and CONTRACTOR whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in 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 provided for by the Contract, but shall proceed with all Work to be performed under the Contract. CONTRACTOR shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting Parties.

11.5 Trench and Pipeline Safety. If this Contract is for more than $25,000 and involves excavation of any trench five (5) feet or more in depth, the CONTRACTOR shall submit a detailed plan of shoring, bracing, sloping or other provisions to be made for worker protection in accordance with Labor Code Section 6705. Such plan shall be approved by a qualified representative of the CITY.

11.6 Utility 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 invitation for bids or specifications. 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 liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.

11.7 Third Party Claims Notification. The CITY shall timely notify the CONTRACTOR in writing of any third party claims relating to the Contract.

11.8 Unfair Business Practices Claims. The CONTRACTOR or sub-CONTRACTOR offers and agrees to assign to the CITY all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the CITY renders final payment to the CONTRACTOR without further acknowledgment by the Parties. (Section 7103.5, California Public Contract Code.).

11.9 Day’s Work. CONTRACTOR acknowledges that under California Labor Code sections 1810 and following, eight (8) hours of labor constitutes a legal day’s work.

CONTRACTOR will forfeit as a penalty to CITY the sum of $25.00 for each worker employed in the execution of this Contract by CONTRACTOR or any sub-CONTRACTOR for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Labor Code section 1810. (Labor Code § 1813).

Contract Agreement
GLOBAL BUILDERS, INC.

Page 6 of 10 ends

11.10 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 sub-CONTRACTORs, agents or employees have knowledge and reporting is possible:
(1) The presence of any material that the CONTRACTOR believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code; (2) Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or,
(3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of this character provided for in this Contract.

Pending a 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 Community Development and Public Works, 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.

11.11 Payroll Records. CONTRACTOR shall maintain the certified payroll records required by Labor Code Sec. 1776 (Section 1776) and shall report such records directly to the California Labor Commissioner as required by Labor Code Sec. 1771.4. CONTRACTOR and any subCONTRACTOR shall (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the CITY of the location of the records. The CONTRACTOR shall inform the CITY of the location of the records enumerated under Section 1776, including the street address, CITY, and county, and shall, within five (5) working days, provide a notice of a change of location and address. The CONTRACTOR has ten (10) calendar days in which to comply subsequent to receipt of a written notice requesting these records, or as a penalty to the CITY, the CONTRACTOR shall forfeit $100.00 for each day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due.

11.12 Employment of Apprentices. Nothing in this Contract prevents CONTRACTOR or any sub-CONTRACTOR from employing properly registered apprentices in the execution of the Contract. CONTRACTOR is responsible for compliance with Labor Code section 1777.5 for all Contract Agreement
GLOBAL BUILDERS, INC.

Page 7 of 10 ends

apprenticeable occupations. This statute requires that CONTRACTORs and subCONTRACTORs must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice’s work for every five hours of labor performed by a journeyman (unless an exception is granted under §1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that CONTRACTORs and subCONTRACTORs must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations.

12. Termination.

12.1. Termination for Convenience. The CITY may terminate this Contract, in whole or in part, with thirty (30) days’ written notice to the CONTRACTOR when it is in the CITY’s best interest. The CONTRACTOR shall be paid its costs, including contract close-out costs, and profit on Work performed up to the time of termination. The CONTRACTOR shall promptly submit its termination claim to CITY to be paid the CONTRACTOR. If the CONTRACTOR has any property in its possession belonging to the CITY, the CONTRACTOR will account for the same, and dispose of it in the manner the CITY directs.

The CONTRACTOR may terminate this Contract, in whole, with ninety (90 days’ written notice to the CITY.

12.2 Termination for Default. 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.

12.3 Waiver of Remedies for any Breach. 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. Community Workforce Agreement. CONTRACTOR acknowledges and agrees that CONTRACTOR and its SubCONTRACTORs of any tier each agree to comply with the terms and conditions of the Community Workforce Agreement (“CWA”) executed between the CITY and the Los Angeles and Orange Counties Building and Construction Trades Council, attached hereto as part of the Contract Documents. CONTRACTOR must submit a completed and executed Letter of Assent.

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

15. Authority. Any person executing this Contract on behalf of the CONTRACTOR warrants and represents that he or she has the authority to execute this Contract on behalf of the Contract Agreement
GLOBAL BUILDERS, INC.

Page 8 of 10 ends

CONTRACTOR and has the authority to bind the CONTRACTOR to the performance of its obligations hereunder.

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

17. Attorney’s 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.

18. Independent CONTRACTOR - The CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent CONTRACTOR. Neither the CITY, nor any of its officers, employees or agents shall have control over the conduct of the CONTRACTOR or any of the CONTRACTORS’ officers, employees or agents, except as herein set forth. The CONTRACTOR shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the CITY, nor shall CITY officers, employees or agents be deemed the officers, employees, or agents of CONTRACTOR as a result of this Contract.

18.1 The Parties further acknowledge the following: (i) that CONTRACTOR shall provide the services outlined in the Scope of Services directly to CITY; (ii) CONTRACTOR maintains a business location at the address listed under Section 19 that is separate and distinct from the CITY; (iii) CONTRACTOR contracts with other businesses to provide the same or similar services and maintains a clientele without restriction from the CITY; (iv) CONTRACTOR advertises and holds itself out to the public as available to provide the same or similar services; (v) unless otherwise specified in this Contract, CONTRACTOR provides its own tools, vehicles, and equipment necessary for performing the Scope of Services; (vi) CONTRACTOR has proposed and negotiated its own rates; and (vii) consistent with the nature and demands of the project and the CITY’s business hours and CITY staff availability, CONTRACTOR may set its own hours and location of work.

19. Notice. Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the U.S. Mail, prepaid, first-class mail, return receipt requested, addressed as follows:

To CITY: City of Pico Rivera
6615 Passons Boulevard
Pico Rivera, California 90660
Attention: City Manager
Contract Agreement
GLOBAL BUILDERS, INC.

Page 9 of 10 ends

To CONTRACTOR: Walid A. Timory, CEO
Global Builders, Inc.
1740 E. Gary Ave., Suite 205
Santa Ana, CA 92705

20. Prohibition Against Assignment. The experience, knowledge, capability and reputation of CONTRACTOR, its principals and employees were a substantial inducement for the CITY to enter into this Contract. Neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of CITY. 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 the present ownership and/or control of CONTRACTOR, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Contract shall be void. No approved transfer shall release the CONTRACTOR or any surety of CONTRACTOR of any liability hereunder without the express consent of CITY.

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

IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first above written.
[Signatures on following page]
Contract Agreement
GLOBAL BUILDERS, INC.

Page 10 of 10 ends

“CITY”

CITY OF PICO RIVERA,
a California municipal corporation
By:

Steve Carmona, City Manager
ATTEST: APPROVED AS TO FORM:

By: By:

Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney “CONTRACTOR”
GLOBAL BUILDERS, INC.,
a California corporation
Dated: By:

Walid A. Timory, CEO
By:

PROOF OF AUTHORITY TO BIND

CONTRACTING PARTY REQUIRED
Enclosure 2
9b

City of Pico Rivera
6615 Passons Boulevard
Pico Rivera, CA 90660
Purchase Order
No. 2024-00000011
DATE 07/06/2023
Vendor: 1st Jon Inc
7320 Pierce Ave.

WHITTIER, CA 90602

PURCHASE ORDER NUMBER MUST APPEAR ON

ALL INVOICES, SHIPPERS, BILL OF LADING AND
Bill To: CORRESPONDENCE Reprint Purchase Order
PAGE 1 of 2
ORIGINATOR: Yulu (Lucy) Lee

QUANTITY UNIT DESCRIPTION STATUS UNIT COST TOTAL COST

1.0000 Each Contracted Services - Fiestas Patrias additional VIP restrooms Open 414.6000 $414.60 Change order 9/14/23
100.80.8102-54500 - Contracted Services 414.60
NonCIP.1928

1.0000 Each Contracted Services - National Night Out Restrooms Open 1,886.7400 $1,886.74 100.80.8102-54500 - Contracted Services 1,886.74
NonCIP.1864

1.0000 Each Contracted Services - Sheriff Anniversary restrooms Open 565.7600 $565.76 100.80.8102-54500 - Contracted Services 565.76

1.0000 Each Contracted Services - SSF Aug 18 additional restroom location Open 661.5000 $661.50 Change order 9/14/23
100.80.8102-54500 - Contracted Services 661.50
NonCIP.1946

1.0000 Each Equipment Rental - FY 23-24 Portable restrooms- Easter Open 1,642.2800 $1,642.28 100.80.8102-53301 - Equipment Rental 1,642.28
NonCIP.1924

1.0000 Each Equipment Rental - FY 23-24 Portable restrooms- Fiestas Patrias Open 3,860.9000 $3,860.90 100.80.8102-53301 - Equipment Rental 3,860.90
NonCIP.1928

1.0000 Each Equipment Rental - FY 23-24 Portable restrooms- Fireworks Open 8,459.3100 $8,459.31 100.80.8102-53301 - Equipment Rental 8,459.31
NonCIP.1920

1.0000 Each Equipment Rental - FY 23-24 Portable restrooms- Halloween Open 2,067.8800 $2,067.88 100.80.8102-53301 - Equipment Rental 2,067.88
NonCIP.1922

1.0000 Each Equipment Rental - FY 23-24 Portable restrooms- Holiday Festival Open 3,762.2300 $3,762.23 100.80.8102-53301 - Equipment Rental 3,762.23
NonCIP.1923

1.0000 Each Equipment Rental - FY 23-24 Portable restrooms- Memorial Day Open 775.2400 $775.24 100.80.8102-53301 - Equipment Rental 775.24
NonCIP.1939

1.0000 Each Equipment Rental - FY 23-24 Portable restrooms- Summer Street Festival
Open 11,582.7000 $11,582.70
100.80.8102-53301 - Equipment Rental 11,582.70
NonCIP.1946

1.0000 Each Equipment Rental - FY 23-24 Portable restrooms- Veterans Day Open 775.2400 $775.24 100.80.8102-53301 - Equipment Rental 775.24
NonCIP.1921

NOTICE TO PROCEED
Prompt payment will only be made by sending all INVOICES via email to [email protected]. In order to receive a prompt payment, invoices over $1000.00 must reference a Purchase Order number.You are hereby authorized to proceed with services associated with this purchase order. These services shall be provided in accordance with the terms and conditions of generally accepted accounting principles (GAAP). The invoice of services shall not exceed the amount indicated on this purchase order. The date noted on this purchase order is the effective date.

Any purchases completed in excess of the above cost will require prior written authorization from the City of Pico Rivera.

Enclosure 3
9c

QUANTITY UNIT DESCRIPTION STATUS UNIT COST TOTAL COST
Total Cost $36,454.38
Amount Voided $0.00
Amount Expensed $22,494.51
Amount Encumbered $13,959.87
Amount Discounted $0.00
Amount Remaining $13,959.87
SUBTOTAL $36,454.38
SALES TAX $0.00
TOTAL DUE $36,454.38
City of Pico Rivera
6615 Passons Boulevard
Pico Rivera, CA 90660
Purchase Order
No. 2024-00000011
DATE 07/06/2023
Vendor: 1st Jon Inc
7320 Pierce Ave.

WHITTIER, CA 90602

PURCHASE ORDER NUMBER MUST APPEAR ON

ALL INVOICES, SHIPPERS, BILL OF LADING AND
Bill To: CORRESPONDENCE Reprint Purchase Order
PAGE 2 of 2
ORIGINATOR: Yulu (Lucy) Lee

Any purchases completed in excess of the above cost will require prior written authorization from the City of Pico Rivera.

To: Mayor and City Council
From: City Manager
Meeting Date: September 26, 2023
Subject: ANNUAL SIDEWALK IMPROVEMENTS PROJECT (CIP
NO. 50080) – NOTICE OF COMPLETION
Recommendation:

1. Accept the work as completed for the Annual Sidewalk Improvements Project, CIP No. 50080 constructed by Addison-Miller, Inc. and authorize the City Clerk to file the Notice of Completion with the Los Angeles County Registrar-Recorder; and

2. Authorize the City Manager to release the retention payment to Addison-Miller, Inc. following the mandatory waiting period from the date the Notice of Completion is recorded.

Fiscal Impact:

Funding for this project in the amount of $300,000 (Measure R Funds - Account No. 207.70.7300.54500-CIP50080) was appropriated as part of the fiscal year (FY) 2022-23 adopted budget. The project was completed for an approximate total cost of $260,000.

The unused balance in Measure R Funds will be unencumbered and made available to the Measure R Fund balance (Fund 207) for future projects.

Discussion:

The Capital Improvement Program (CIP) includes a budget for concrete improvements on an annual basis which consists of repairs and replacement of damaged sidewalks, ramps, curb and gutter, tree removals and other miscellaneous related improvements to maintain or enhance walkability and pedestrian safety.

On December 9, 2022, and December 16, 2022, the Notice Inviting Bids for the original bid was published in the Los Cerritos Newspaper, and on Planet Bids through the City’s website. On January 24, 2023, six (6) bids were received; however, due to discrepancies and irregularities in the bids received, all bids were rejected on February 14, 2023, and authorization to re-advertise for construction was granted by the Council. 10 CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 26, 2023 ANNUAL SIDEWALK IMPROVEMENTS PROJECT (CIP NO. 50080) – NOTICE OF

COMPLETION

Page 2 of 3 ends

On February 24, 2023, and March 3, 2023, the Notice Inviting Bids was re-published in the Los Cerritos Newspaper and was posted on Planet Bids through the City’s website.

On March 16, 2023, nine (9) bids were received and subsequently on April 11, 2023, Council awarded a construction contract to Addison-Miller, Inc. in the amount of $213,390. A 20% contingency was authorized at the time of the project award which was utilized to address additional sidewalk, curb and gutter locations in need of repairs.

The project was successfully completed on July 26, 2023, in accordance with the specifications and within budget. The final cost for construction completed by AddisonMiller, Inc. is $227,345, which includes a change order to the adjustment of final bid quantities and additional repair work.

Furthermore, additional removal of large trees was necessary during construction. Due to the high cost from the contractor to remove and replace these additional trees, staff obtained proposals from West Coast Arborist (WCA) utilizing its current on-call agreement to complete this work for a total amount of $13,604.

The table below summarizes the total project budget and expenditures:

Funding Category Budget
Measure R- Fund 207 (FY 2022-23) $300,000
Total Project Budget: $300,000
Project Activity Expenditures
Project Administration $5,000
Construction $213,390
Construction Change Order - Addison-Miller (Additional Work & Quantity Adjustments) $13,955
Construction Additional Work - WCA (Tree Removal & Planting New Trees) $13,604
Construction Management & Inspection $14,051
Total Project Cost: $260,000
Conclusion:

The approximate total cost of the project is $260,000, which includes design and construction, as well as construction management and inspection services by in-house Engineering Division staff. The project was delivered on time and under budget. Any unpent project funds will be returned to Measure R – Fund 207 for future capital project needs.

CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 26, 2023 ANNUAL SIDEWALK IMPROVEMENTS PROJECT (CIP NO. 50080) – NOTICE OF

COMPLETION

Page 3 of 3 ends

Staff recommends accepting the project as complete, filing a Notice of Completion with the Los Angeles County Registrar-Recorder’s Office and releasing the retention payment following the statutory waiting period from the date the Notice of Completion is recorded.

Steve Carmona
SC:NN:NC:np
Enclosure: 1) Notice of Completion

RECORDING REQUESTED BY
NAME: ____________________________________________________ WHEN RECORDED MAIL TO:

NAME: _________________________________________________ ADDRESS: _________________________________________________ CITY / STATE / ZIP: ____________________________________________ (DOCUMENT WILL ONLY BE RETURNED TO NAME & ADDRESS IDENTIFIED ABOVE) (SPACE ABOVE FOR RECORDER’S USE)
____________________________________________________________________________________ (DOCUMENT TITLE)
SEPARATE PAGE, PURSUANT TO CA. GOV’T. CODE 27361.6
Genevie Martinez
City of Pico Rivera
6615 Passons Blvd.

Pico Rivera, CA 90660
Notice of Completion
Enclosure 1
10a

2. The full name of the owner is

3. The full address of the owner is

4. The nature of the interest or estate of the owner is: in fee.

NAMES ADDRESSES

7. A work of improvement on the property hereinafter described was completed on The work done was:

8. The names of the contractor, if any, for such work of improvements was

9. The property on which said work of improvement was completed is in the City of County of , State of , and is described as follows:

10. The street address of said property is:

City of Pico Rivera
Dated:

City Manager,
(Personal signature of the individual who is swearing that the contents of the Notice of Completion are true) I, the undersigned, say: I am the ___________________________, the Declarant of the foregoing Notice of Completion; I have (President of, Manager of, Partner of, Owner of, Etc.)
read said Notice of Completion and know the contents thereof; the same is true to my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on ___________________________, 20___ at ________________________________, __________.

6. The full names and full addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements therein reffered to:
(If no street address has been officially assigned, insert "none".) (Signature of Owner or coporate officer of Owner named in paragraph 2, or his agent)

VERIFICATION

NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for complete requirements.) Notice is hereby given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described. (If other than Fee, strike "in fee" and insert, for example, "purchaser under contract of purchase," or "lessee")

5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:

City of Pico Rivera
6615 Passons Boulevard, Pico Rivera, California 90660
6615 Passons Boulevard, Pico Rivera, California 90660
Los Angeles
Pico Rivera
CA
City Clerk
Steve Carmona
23 -XO\
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x 4139 Deland Ave
x 4321 Durfee Ave
x 4117 Durfee Ave
x 4227 Durfee Ave
x 4112 Layman Ave
x 4318 Layman Ave
x 4328 Layman Ave
x 4239 Layman Ave
x 9340 Melita St
x 4329 Layman Ave
x 4007 Rosemead Blvd
x 6142 Eglise Ave
x 6145 Eglise Ave
x 6747 Passons Blvd
x 7516 Lemoran Ave
x 9343 Call St
x 9330 Call St
x 9208 Call St
x 7452 Lemoran Ave
x 7564 Lemoran Ave
x 7562 Lindsey Ave
x 7524 Lindsey Ave
x 7359 Loch Alene Ave
x 7213 Loch Alene Ave
x 9145 Rex Rd
x 7560 Serapis Ave
x 9132 Rex Rd
x 7563 Serapis Ave
x 7428 Serapis Ave
x 7568 Lemoran Ave
x 8938 Clarinda Ave
x 9522 Claymore St
x 9445 Claymore St
x 8843 Dalewood Ave
x 8565 Cord Ave
x 8844 Dalewood Ave
x 8552 Cord Ave
x 8556 Cord Ave
x 8863-69 Dalewood Ave
x 8873 Dalewood Ave
x 8740 Klinedale Ave
x 8879 Dalewood Ave
x 8940 Klinedale Ave
x 8924 True Avenue
x 8807 Songfest Drive
x 8603 Sideview Dr
x 8853 Clarinda Ave
x 8902 Clarinda Ave
x 8606 Songfest Dr
x 8645 Sideview Dr
x 8559 Cord Ave
x 8602 Cord Ave
x 8623 Sideview Dr
x 8555 Cord Ave
x 8602 Sideview Dr
x 8604 Cord Ave
x 8602 Songfest Dr
x 8902 Klinedale Ave
x 8851 Clarinda Ave
x 8913 Klinedale Ave
x 8928 Clarinda Ave
x 9421 Myron St
x 9427 Myron St
x 9543 Myron St
x 9773 Myron St
x 4710 Ivy St
x 8902 True
x 6525 Rosemead Blvd
x 9603 Terradell
x 9607 Terradell
x 9549 Terradell
To: Mayor and City Council
From: City Manager
Meeting Date: September 26, 2023
Subject: VEHICLE REPLACEMENT – PURCHASE OF SIX (6)

TRUCKS FOR THE PUBLIC WORKS DEPARTMENT
Recommendation:

1. Authorize the purchase of six (6) 2023 Ford F-250, 2-wheel drive, regular cab pickup trucks in the aggregate amount of $ 311,172 from Rush Truck Center by way of National Cooperative Purchasing Alliance (NCPA) Contract No 05-47 for heavy equipment, diesel trucks, bus parts, and related services; and

2. Authorize the City Manager to execute all documents related to the purchase of the recommended vehicles.

Fiscal Impact:

The vehicle replacement fund includes an available budget of $513,749 in Account No.170.40.4033-57300 for the purchase of various replacement vehicles for the Maintenance Division. The purchase price of the requested vehicles is $311,172. No additional appropriation is required.

Discussion:

On September 27, 2022, the City Council approved the purchase of nine (9) vehicles by way of the National Cooperative Purchasing Alliance (NCPA). Unfortunately, due to supply chain issues, NCPA has only fulfilled two (2) vehicle orders since the order was placed back in September 2022. After months of communicating with NCPA representatives and attempting to resolve the fulfillment of the vehicle order, City staff began exploring other options to procure the essential vehicles since over a year has passed and only two (2) vehicles (Unit Nos. 400 and 402) have been purchased.

Recently, NCPA notified staff that this pending order will not be fulfilled until 2024 at the earliest. In light of this information, the agreement and purchase order with NCPA has been terminated. Staff reached out to Rush Truck Centers (Rush) and managed to secure a vehicle inventory list containing the available Ford F-250 trucks. 11 CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 26, 2023 VEHICLE REPLACEMENT- PURCHASE OF SIX (6) TRUCKS FOR THE PUBLIC

WORKS DEPARTMENT

Page 2 of 4 ends

The six (6) Ford F-250 trucks have become available due to a recent canceled order, thus making the vehicles available on a first-come, first-serve basis. Although the originally approved vehicles were of a lower-class model (Ford F-150), the proposed vehicles secured from Rush are of higher-class model (F-250) which will still meet the needs of the Department operations. The price difference comparison between the Ford F-150’s and F-250’s is demonstrated in the chart below. On average, the proposed vehicles, Ford F-250’s are approximately $15,000 more than the original order.

No. Original Vehicle
Order
Original
Vehicle Cost
New Vehicle
Model
New
Vehicle
Cost
Cost
Difference
1 2023 Ford F-150 $36,730.83 2023 Ford
F-250
$51,634.99 $14,854.16
2 2023 Ford F-150 $36,730.83 2023 Ford
F-250
$52,114.58 $15,333.75
3 2023 Ford F-150 $37,389.06 2023 Ford
F-250
$52,654.80 $15,265.74
4 2023 Ford F-150 $37,389.06 2023 Ford
F-250
$49,942.65 $12,553.59
5 2023 Ford F-150 $37,389.06 2023 Ford
F-250
$53,310.79 $15,921.73
6 2023 Ford F-150 $37,389.06 2023 Ford
F-250
$51,513.71 $14,124.65
Total $223,117.90 $311,171.52 $88,053.62
The six (6) vehicles being replaced have been in operation for a duration ranging from 15 to 26 years. They require extensive and frequent mechanical repairs and have exceeded their useful service life.

The cost difference in the newly proposed replacement vehicles is due to feature differences, such as special towing capabilities and larger alternators. As the secured vehicles were part of a canceled order, they came equipped with features requested by the initial buyer.

The following table below shows the vehicle unit number, year, make and model of the vehicle to be replaced, current vehicle mileage, proposed vehicle replacement, and assigned Public Works section for the new vehicle.

CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 26, 2023 VEHICLE REPLACEMENT- PURCHASE OF SIX (6) TRUCKS FOR THE PUBLIC

WORKS DEPARTMENT

Page 3 of 4 ends

Unit
No.

Yr./ Make /Model Mileage Replacement
Model
Public Works
Section
204 1997 Ford Ranger 131,807 miles 2023 Ford F-250 Parks 240 1997 Ford Ranger 137,194 miles 2023 Ford F-250 Parks 258 1997 Ford Ranger 90,828 miles 2023 Ford F-250 Parks 265 1997 Ford Ranger 116,802 miles 2023 Ford F-250 Parks 211 2001 GMC Sierra
2500
209,272 miles 2023 Ford F-250 Parks
216 2008 Ford F-250 136,632 miles 2023 Ford F-250 Streets The six (6) Ford F-250 pick-up trucks will replace four (4) 1997 Ford Ranger pick-up trucks, units 204, 240, 258, and 265, with mileages ranging from 90,828 miles to 137,194 miles. These vehicles are utilized by our Parks Maintenance section for picking up trash, towing pressure washers and trailers, and hauling related equipment for the maintenance of parks and baseball / athletic fields. The Ford Ranger model is deemed too small of a truck to haul equipment and trailers for ballfield maintenance, illegal dumping, and pressure washers. The Ford F-250 is a more appropriate vehicle to pull the trailers necessary for the operation of the Public Works Department.

The other two (2) vehicles being replaced include unit 211, a 2001 GMC Sierra 2500 pickup truck, and unit 216, a 2008 Ford F-250 crew cab (with engine and transmission problems). Both vehicles will be replaced with the 2023 Ford F-250 which is a similar truck. Unit 211 is utilized by the Parks Maintenance section picking up trash, towing pressure washers, and other equipment as needed to perform maintenance at parks and ball fields. Unit 216 is utilized by the Street Maintenance section to remove illegally disposed items on city streets and parkways, trim small tree branches blocking street signs and street sweeper paths, planting new trees on parkways, and traffic control. Both units haul a trailer as part of the everyday operation.

The recommended purchase of the six (6) 2023 Ford F-250 trucks will utilize a cooperative purchasing contract as authorized by Section 3.20.030 of the Pico Rivera Municipal Code. Utilizing the NCPA Cooperative agreement meets the requirements of Section 3.20.030 of the Pico Rivera Municipal Code and allows staff to secure the most appropriate vehicle. Purchasing through vetted Cooperative agreement(s) assures that the procurement of goods and services are in compliance with public purchasing regulations, are competitively solicited, and the City receives the most advantageous pricing while also expediting the procurement.

The recommended vehicle purchases will ensure that Public Works staff is properly equipped and using safe vehicles to continue to provide efficient and effective services to the community.

CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 26, 2023 VEHICLE REPLACEMENT- PURCHASE OF SIX (6) TRUCKS FOR THE PUBLIC

WORKS DEPARTMENT

Page 4 of 4 ends

Conclusion:

Staff recommends that City Council authorize the purchase of six (6) 2023 Ford F-250 pick-up trucks through Rush Truck Centers by way of NCPA for the amount not-to-exceed $311,172.

Steve Carmona
SC:NN:ML:np
Enclosures: 1) Rush Truck Center Quotes
2) National Cooperative Purchasing Alliance (NCPA) Contract No. 05-47 3) Rush Enterprises Award Letter
Enclosure 1
1 11a
2 3
4 5
6 Tab 1 – Master Agreement
General Terms and Conditions
¨ Customer Support
Ø The vendor shall provide timely and accurate technical advice and sales support. The vendor shall respond to such requests within one (1) working day after receipt of the request.
¨ Disclosures
Ø Respondent affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract.

Ø The respondent affirms that, to the best of his/her knowledge, the offer has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this contract.
¨ Renewal of Contract
Ø Unless otherwise stated, all contracts are for a period of three (3) years with an option to renew for up to two (2) additional one-year terms or any combination of time equally not more than 2 years if agreed to by Region 14 ESC and the vendor. ¨ Funding Out Clause
Ø Any/all contracts exceeding one (1) year shall include a standard “funding out” clause. A contract for the acquisition, including lease, of real or personal property is a commitment of the entity’s current revenue only, provided the contract contains either or both of the following provisions:

Ø Retains to the entity the continuing right to terminate the contract at the expiration of each budget period during the term of the contract and is conditioned on a best efforts attempt by the entity to obtain appropriate funds for payment of the contract. ¨ Shipments (if applicable)
Ø The awarded vendor shall ship ordered products within seven (7) working days for goods available and within four (4) to six (6) weeks for specialty items after the receipt of the order unless modified. If a product cannot be shipped within that time, the awarded vendor shall notify the entity placing the order as to why the product has not shipped and shall provide an estimated shipping date. At this point the participating entity may cancel the order if estimated shipping time is not acceptable. ¨ Tax Exempt Status
Ø Since this is a national contract, knowing the tax laws in each state is the sole responsibility of the vendor.

Enclosure 2
11b
¨ Payments
Ø The entity using the contract will make payments directly to the awarded vendor or their affiliates (distributors/business partners/resellers) as long as written request and approval by NCPA is provided to the awarded vendor.
¨ Adding authorized distributors/dealers
Ø Awarded vendors may submit a list of distributors/partners/resellers to sell under their contract throughout the life of the contract. Vendor must receive written approval from NCPA before such distributors/partners/resellers considered authorized.

Ø Purchase orders and payment can only be made to awarded vendor or distributors/business partners/resellers previously approved by NCPA.

Ø Pricing provided to members by added distributors or dealers must also be less than or equal to the pricing offered by the awarded contract holder.

Ø All distributors/partners/resellers are required to abide by the Terms and Conditions of the vendor's agreement with NCPA.
¨ Pricing
Ø All pricing submitted shall include the administrative fee to be remitted to NCPA by the awarded vendor. It is the awarded vendor’s responsibility to keep all pricing up to date and on file with NCPA.

Ø All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing offered unless otherwise clearly stated in writing
¨ Warranty
Ø Proposals should address each of the following:
§ Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period.
§ Availability of replacement parts
§ Life expectancy of equipment under normal use
§ Detailed information as to proposed return policy on all equipment ¨ Indemnity
Ø The awarded vendor shall protect, indemnify, and hold harmless Region 14 ESC and its participants, administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the vendor, vendor employees or vendor subcontractors in the preparation of the solicitation and the later execution of the contract.
¨ Franchise Tax
Ø The respondent hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes.
¨ Supplemental Agreements
Ø The entity participating in this contract and awarded vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the participating entity and awarded vendor. ¨ Certificates of Insurance
Ø Certificates of insurance shall be delivered to the Public Agency prior to commencement of work. The insurance company shall be licensed in the applicable state in which work is being conducted. The awarded vendor shall give the participating entity a minimum of ten (10) days’ notice prior to any modifications or cancellation of policies. The awarded vendor shall require all subcontractors performing any work to maintain coverage as specified. ¨ Legal Obligations
Ø It is the Respondent’s responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services identified in this RFP and any awarded contract and shall comply with all while fulfilling the RFP. Applicable laws and regulation must be followed even if not specifically identified herein. ¨ Protest
Ø A protest of an award or proposed award must be filed in writing within ten (10) days from the date of the official award notification and must be received by 5:00 pm CST. Protests shall be filed with Region 14 ESC and shall include the following:
§ Name, address and telephone number of protester
§ Original signature of protester or its representative § Identification of the solicitation by RFP number
§ Detailed statement of legal and factual grounds including copies of relevant documents and the form of relief requested
Ø Any protest review and action shall be considered final with no further formalities being considered.
¨ Force Majeure
Ø If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.

Ø The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or any civil or military authority; insurrections; riots; epidemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty.
¨ Prevailing Wage
Ø It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the purchaser. It shall further be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of this contract and adjust wage rates accordingly.
¨ Miscellaneous
Ø Either party may cancel this contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of final purchase order.
¨ Open Records Policy
Ø Because Region 14 ESC is a governmental entity responses submitted are subject to release as public information after contracts are executed. If a vendor believes that its response, or parts of its response, may be exempted from disclosure, the vendor must specify page-bypage and line-by-line the parts of the response, which it believes, are exempt. In addition, the respondent must specify which exception(s) are applicable and provide detailed reasons to substantiate the exception(s).

Ø The determination of whether information is confidential and not subject to disclosure is the duty of the Office of Attorney General (OAG). Region 14 ESC must provide the OAG sufficient information to render an opinion and therefore, vague and general claims to confidentiality by the respondent are not acceptable. Region 14 ESC must comply with the opinions of the OAG. Region14 ESC assumes no responsibility for asserting legal arguments on behalf of any vendor. Respondent are advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information.

Process
Region 14 ESC will evaluate proposals in accordance with, and subject to, the relevant statutes, ordinances, rules, and regulations that govern its procurement practices. NCPA will assist Region 14 ESC in evaluating proposals. Award(s) will be made to the prospective vendor whose response is determined to be the most advantageous to Region 14 ESC, NCPA, and its participating agencies. To qualify for evaluation, response must have been submitted on time, and satisfy all mandatory requirements identified in this document.
¨ Contract Administration
Ø The contract will be administered by Region 14 ESC. The National Program will be administered by NCPA on behalf of Region 14 ESC.
¨ Contract Term
Ø The contract term will be for three (3) year starting from the date of the award. The contract may be renewed for up to two (2) additional one-year terms or any combination of time equally not more than 2 years.

Ø It should be noted that maintenance/service agreements may be issued for up to (5) years under this contract even if the contract only lasts for the initial term of the contract. NCPA will monitor any maintenance agreements for the term of the agreement provided they are signed prior to the termination or expiration of this contract. ¨ Contract Waiver
Ø Any waiver of any provision of this contract shall be in writing and shall be signed by the duly authorized agent of Region 14 ESC. The waiver by either party of any term or condition of this contract shall not be deemed to constitute waiver thereof nor a waiver of any further or additional right that such party may hold under this contract. ¨ Products and Services additions
Ø Products and Services may be added to the resulting contract during the term of the contract by written amendment, to the extent that those products and services are within the scope of this RFP.
¨ Competitive Range
Ø It may be necessary for Region 14 ESC to establish a competitive range. Responses not in the competitive range are unacceptable and do not receive further award consideration. ¨ Deviations and Exceptions
Ø Deviations or exceptions stipulated in response may result in disqualification. It is the intent of Region 14 ESC to award a vendor’s complete line of products and/or services, when possible.
¨ Estimated Quantities
Ø The estimated dollar volume of Products and Services purchased under the proposed Master Agreement is $30 million dollars annually. This estimate is based on the anticipated volume of Region 14 ESC and current sales within the NCPA program. There is no guarantee or commitment of any kind regarding usage of any contracts resulting from this solicitation
¨ Evaluation
Ø Region 14 ESC will review and evaluate all responses in accordance with, and subject to, the relevant statutes, ordinances, rules and regulations that govern its procurement practices. NCPA will assist the lead agency in evaluating proposals. Recommendations for contract awards will be based on multiple factors, each factor being assigned a point value based on its importance.
¨ Formation of Contract
Ø A response to this solicitation is an offer to contract with Region 14 ESC based upon the terms, conditions, scope of work, and specifications contained in this request. A solicitation does not become a contract until it is accepted by Region 14 ESC. The prospective vendor must submit a signed Signature Form with the response thus, eliminating the need for a formal signing process.
¨ NCPA Administrative Agreement
Ø The vendor will be required to enter and execute the National Cooperative Purchasing Alliance Administration Agreement with NCPA upon award with Region 14 ESC. The agreement establishes the requirements of the vendor with respect to a nationwide contract effort.
¨ Clarifications / Discussions
Ø Region 14 ESC may request additional information or clarification from any of the respondents after review of the proposals received for the sole purpose of elimination minor irregularities, informalities, or apparent clerical mistakes in the proposal.

Clarification does not give respondent an opportunity to revise or modify its proposal, except to the extent that correction of apparent clerical mistakes results in a revision. After the initial receipt of proposals, Region 14 ESC reserves the right to conduct discussions with those respondent’s whose proposals are determined to be reasonably susceptible of being selected for award. Discussions occur when oral or written communications between Region 14 ESC and respondent’s are conducted for the purpose clarifications involving information essential for determining the acceptability of a proposal or that provides respondent an opportunity to revise or modify its proposal. Region 14 ESC will not assist respondent bring its proposal up to the level of other proposals through discussions. Region 14 ESC will not indicate to respondent a cost or price that it must meet to neither obtain further consideration nor will it provide any information about other respondents’ proposals or prices.
¨ Multiple Awards
Ø Multiple Contracts may be awarded as a result of the solicitation. Multiple Awards will ensure that any ensuing contracts fulfill current and future requirements of the diverse and large number of participating public agencies.
¨ Past Performance
Ø Past performance is relevant information regarding a vendor’s actions under previously awarded contracts; including the administrative aspects of performance; the vendor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the vendor’s businesslike concern for the interests of the customer.

Evaluation Criteria
¨ Pricing (40 points)
Ø Electronic Price Lists
§ Products, Services, Warranties, etc. price list
§ Prices listed will be used to establish both the extent of a vendor’s product lines, services, warranties, etc. available from a particular bidder and the pricing per item. ¨ Ability to Provide and Perform the Required Services for the Contract (25 points) Ø Product Delivery within participating entities specified parameters Ø Number of line items delivered complete within the normal delivery time as a percentage of line items ordered.

Ø Vendor’s ability to perform towards above requirements and desired specifications.

Ø Past Cooperative Program Performance
Ø Quantity of line items available that are commonly purchased by the entity.

Ø Quality of line items available compared to normal participating entity standards. ¨ References (15 points)
Ø A minimum of ten (10) customer references for product and/or services of similar scope dating within past 3 years
¨ Technology for Supporting the Program (10 points)
Ø Electronic on-line catalog, order entry use by and suitability for the entity’s needs Ø Quality of vendor’s on-line resources for NCPA members.

Ø Specifications and features offered by respondent’s products and/or services ¨ Value Added Services Description, Products and/or Services (10 points) Ø Marketing and Training
Ø Minority and Women Business Enterprise (MWBE) and (HUB) Participation Ø Customer Service

Tab 2 – NCPA Administration Agreement
This Administration Agreement is made as of , by and between National Cooperative Purchasing Alliance (“NCPA”) and (“Vendor”).

Recitals
WHEREAS, Region 14 ESC has entered into a certain Master Agreement dated , referenced as Contract Number , by and between Region 14 ESC and Vendor, as may be amended from time to time in accordance with the terms thereof (the “Master Agreement”), for the purchase of Heavy Equipment, Diesel Truck, Bus Parts and Related Goods and Services; WHEREAS, said Master Agreement provides that any state, city, special district, local government, school district, private K-12 school, technical or vocational school, higher education institution, other government agency or nonprofit organization (hereinafter referred to as “public agency” or collectively, “public agencies”) may purchase products and services at the prices indicated in the Master Agreement; WHEREAS, NCPA has the administrative and legal capacity to administer purchases under the Master Agreement to public agencies;
WHEREAS, NCPA serves as the administrative agent for Region 14 ESC in connection with other master agreements offered by NCPA
WHEREAS, Region 14 ESC desires NCPA to proceed with administration of the Master Agreement; WHEREAS, NCPA and Vendor desire to enter into this Agreement to make available the Master Agreement to public agencies on a national basis;
NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, NCPA and Vendor hereby agree as follows:
¨ General Terms and Conditions
Ø The Master Agreement, attached hereto as Tab 1 and incorporated herein by reference as though fully set forth herein, and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement.

Ø NCPA shall be afforded all of the rights, privileges and indemnifications afforded to Region 14 ESC under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to NCPA under this Agreement including, but not limited to, the Vendor’s obligation to provide appropriate insurance and certain indemnifications to Region 14 ESC.

Ø Vendor shall perform all duties, responsibilities and obligations required under the Master Agreement in the time and manner specified by the Master Agreement.

Ø NCPA shall perform all of its duties, responsibilities, and obligations as administrator of purchases under the Master Agreement as set forth herein, and Vendor acknowledges that NCPA shall act in the capacity of administrator of purchases under the Master Agreement.

Ø With respect to any purchases made by Region 14 ESC or any Public Agency pursuant to the Master Agreement, NCPA (a) shall not be construed as a dealer, re-marketer, representative, partner, or agent of any type of Vendor, Region 14 ESC, or such Public Agency, (b) shall not be obligated, liable or responsible (i) for any orders made by Region Rush Truck Centers of Texas, LP
December 8, 2020
December 8, 2020
05-47
14 ESC, any Public Agency or any employee of Region 14 ESC or Public Agency under the Master Agreement, or (ii) for any payments required to be made with respect to such order, and (c) shall not be obligated, liable or responsible for any failure by the Public Agency to (i) comply with procedures or requirements of applicable law, or (ii) obtain the due authorization and approval necessary to purchase under the Master Agreement. NCPA makes no representations or guaranties with respect to any minimum purchases required to be made by Region 14 ESC, any Public Agency, or any employee of Region 14 ESC or Public Agency under this Agreement or the Master Agreement.

Ø The Public Agency participating in the NCPA contract and Vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the Public Agency and Vendor. NCPA, its agents, members and employees shall not be made party to any claim for breach of such agreement. ¨ Term of Agreement
Ø This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the obligation to pay all amounts owed by Vendor to NCPA through the termination of this Agreement and all indemnifications afforded by Vendor to NCPA shall survive the term of this Agreement.
¨ Fees and Reporting
Ø The awarded vendor shall electronically provide NCPA with a detailed quarterly report showing the dollar volume of all sales under the contract for the previous quarter. Reports are due on the fifteenth (15th) day after the close of the previous quarter. It is the responsibility of the awarded vendor to collect and compile all sales under the contract from participating members and submit one (1) report. The report shall include at least the following information as listed in the example below:

Entity Name Zip Code State PO or Job # Sale Amount
Total
Ø Each quarter NCPA will invoice the vendor based on the total of sale amount(s) reported.

From the invoice the vendor shall pay to NCPA an administrative fee based upon the tiered fee schedule below. Vendor’s annual sales shall be measured on a calendar year basis.

Deadline for term of payment will be included in the invoice NCPA provides.

Annual Sales Through Contract Administrative Fee
0 - $30,000,000 2%
$30,000,001 - $50,000,000 1.5%
$50,000,001+ 1%
Ø Supplier shall maintain an accounting of all purchases made by Public Agencies under the Master Agreement. NCPA and Region 14 ESC reserve the right to audit the accounting for a

Tab 3 – Vendor Questionnaire
Please provide responses to the following questions that address your company’s operations, organization, structure, and processes for providing products and services. ¨ States Covered
Ø Bidder must indicate any and all states where products and services can be offered.

Ø Please indicate the price co-efficient for each state if it varies. 50 States & District of Columbia (Selecting this box is equal to checking all boxes below) Alabama Maryland South Carolina
Alaska Massachusetts South Dakota
Arizona Michigan Tennessee
Arkansas Minnesota Texas
California Mississippi Utah
Colorado Missouri Vermont
Connecticut Montana Virginia
Delaware
District of Columbia
Nebraska
Nevada
Washington
West Virginia
Florida New Hampshire Wisconsin
Georgia New Jersey Wyoming
Hawaii New Mexico
Idaho New York
Illinois North Carolina
Indiana North Dakota
Iowa Ohio
Kansas Oklahoma
Kentucky Oregon
Louisiana Pennsylvania
Maine Rhode Island
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
All US Territories and Outlying Areas (Selecting this box is equal to checking all boxes below) ¨ Minority and Women
Business Enterprise (MWBE) and (HUB) Participation
Ø It is the policy of some entities participating in NCPA to involve minority and women business enterprises (MWBE) and historically underutilized businesses (HUB) in the purchase of goods and services. Respondents shall indicate below whether or not they are an M/WBE or HUB certified.
§ Minority / Women Business Enterprise
• Respondent Certifies that this firm is a M/WBE
§ Historically Underutilized Business
• Respondent Certifies that this firm is a HUB
¨ Residency
Ø Responding Company’s principal place of business is in the city of , State of
¨ Felony Conviction Notice
Ø Please Check Applicable Box;
A publically held corporation; therefore, this reporting requirement is not applicable.

Is not owned or operated by anyone who has been convicted of a felony.

Is owned or operated by the following individual(s) who has/have been convicted of a felony
Ø If the 3rd box is checked, a detailed explanation of the names and convictions must be attached.
¨ Distribution Channel
Ø Which best describes your company’s position in the distribution channel:

Manufacturer Direct Certified education/government reseller Authorized Distributor Manufacturer marketing through reseller Value-added reseller Other:
¨ Processing Information
Ø Provide company contact information for the following:
§ Sales Reports / Accounts Payable
Contact Person:

Title:

Company:

Address:

City: State: Zip:

Phone: Email:

American Somoa Northern Marina Islands
Federated States of Micronesia Puerto Rico
Guam U.S. Virgin Islands
Midway Islands
New Braunfels
Texas
X
X
Kim Valadez
Director, Asset Management
Rush Enterprises
555 I.H. 35 South, Suite 500
New Braunfels
830-302-5691
Texas
[email protected]
78130
§ Purchase Orders
Contact Person:

Title:

Company:

Address:

City: State: Zip:

Phone: Email:
§ Sales and Marketing
Contact Person:

Title:

Company:

Address:

City: State: Zip:

Phone: Email:
¨ Pricing Information
Ø In addition to the current typical unit pricing furnished herein, the Vendor agrees to offer all future product introductions at prices that are proportionate to Contract Pricing. § If answer is no, attach a statement detailing how pricing for NCPA participants would be calculated for future product introductions.

Yes No
Ø Pricing submitted includes the required NCPA administrative fee. The NCPA fee is calculated based on the invoice price to the customer.

Yes No
Ø Vendor will provide additional discounts for purchase of a guaranteed quantity.

Yes No
Brian Dawes
National Account Manager
Rush Enterprises
555 I.H. 35 South, Suite 500
New Braunfels
864-497-3538
Texas
[email protected]
78130
Brian Dawes
National Account Manager
Rush Enterprises
555 I.H. 35 South, Suite 500
New Braunfels
864-497-3538
Texas
dawesb@rushenterprises
78130
X
X
X
Rush Truck Centers of Texas, LP
NCPA Solicitation Number: 25-20
Tab 4 – Vendor Profile
Official Registered Nam and History
Rush Truck Centers of Texas, L.P. is a limited partnership formed in the state of Texas. Rush Truck Centers of Texas, L.P. has two partners: Rushtex, Inc. (a Delaware corporation) is the General Partner and Rushco, Inc. (a Delaware corporation) is the Limited Partner. Rushtex, Inc. and Rushco, Inc. are wholly owned subsidiaries of Rush Enterprises, Inc.

Rush Enterprises, formed in 1965, is a public company traded on NASDAQ under the symbols RUSHA and RUSHB.

Rush Enterprises owns and operates the largest network of heavy- and medium-duty truck dealerships in the United States. It sells and services leading truck and bus manufacturers including Peterbilt, Ford, Hino, Isuzu, Blue Bird, International and IC Bus at over 100 locations in 21 states. Rush operates more than 30 dealerships throughout the state of Texas. Rush Enterprises has over 6,000 employees, with more than 1,500 in Texas.

Rush Enterprises, Inc. operates its dealer network through state-based legal entities. A separate legal entity, with a separate tax id number, has been established for each state in which Rush operates, each of which is a wholly-owned subsidiary of Rush Enterprises.

RTC Texas is an authorized dealer in Texas for Peterbilt, Hino, Isuzu, Ford, Blue Bird, Collins Bus and Elkhart Bus.

Outside of Texas, Rush Enterprises operates dealership locations in 20 additional states that are licensed to sell International and Mitsubishi Fuso in addition to Peterbilt, Hino, Isuzu, Ford, IC Bus and Collins Bus.

Rush Enterprises enjoys a reputation of providing quality commercial vehicles and professional automotive service through professionally staffed and managed operations. The professionals at Rush dealerships are trained by manufacturers and expert automotive consultants in all aspects of financing motor vehicle sales and providing valuable risk management services.

As of September 30, 2020, Rush Enterprises had cash and cash equivalents on its balance sheet of over $259,543 million dollars, and, as of November 3, 2020, Rush Enterprises’ market cap was over $1.5 billion dollars. Additional financial information for Rush Enterprises can be found here: http://investor.rushenterprises.com/results.cfm.

D&B Number
Given that D&B numbers are issued by physical locations and give the large number of Rush locations, D&B numbers will be made available on request.

Organizational Chart
Brian Dawes, National Account Manager for Bus and Public Sector will be the main contact for this Contract. He reports to Robb Nixon, VP Aftermarket Sales. The Legal Contact for this contract will be Michael Lyons, Associate General Counsel. Lastly, Kim Valadez, Director Asset Management will assist in accounts payable.

Corporate Office Location
Our corporate office is located at 555 I.H. 35 South, Suite 500 New Braunfels Texas 78130. The key contacts are as follows:

Please see the attachment titled RTC Location Doc for all of our Dealership Location Information.

Standard Payment Terms
Our standard payment terms are NET 30.

Competition
Rush Truck Centers biggest competitors are the dealership that sell our competing brands such as:
 Freightliner Dealerships
 Mack Dealerships
 Kenworth Dealerships
 Volvo Dealerships
Aftermarket National Account Sales Managers Market Segments/Regions Last Name First Name OE Brand Cell Phone Email
Dawes Brian All 864-497-3538 [email protected] Bus/Public Sector/Municipality Regional Sales Manager
Pryor Tim Navistar 478-952-5253 [email protected] Georgia (South) Cummings Andy Navistar 708-906-0027 [email protected] Illinois, Indiana (Chicago Area) Watson Scott Navistar 801-259-5965 [email protected] Idaho/Utah Williams Herbie Navistar 804-296-5174 williamsh1@rushenterprises com Virgina Pangrazzi Rob Navistar 704-490-2559 [email protected] North Carolina Duncan Matt Navistar 217-821-6554 [email protected] Illinois, Missouri Matos Justin Navistar 331-625-4477 [email protected] Georgia (North) Lakins Justin Navistar 440-479-9100 [email protected] Ohio North, Akron, Cleveland & Columbus Engel Jimmy Navistar 513-372-8843 [email protected] Ohio South, Dayton, Cinncinnati & Lima Wade Brian Navistar 317-910-9522 [email protected] Indiana Starcher CR Peterbilt 830-837-8282 [email protected] Central Texas, San Antonio, Victoria, Austin, Austin North & Waco Cortez Magdalena Peterbilt 956-212-5397 [email protected] South Texas, Pharr, Brownsville, Cotulla, Laredo & Corpus Neumann Garrett Peterbilt 936-870-8149 [email protected] West Texas, New Mexico White Scott Peterbilt 214-425-5582 [email protected] Dallas, North Texas Bailey Kyle Peterbilt 720-550-1271 [email protected] Colorado & KC, MO Monge Fernando Peterbilt 949-296-5659 [email protected] California Jones Zach Peterbilt 919-933-0401 [email protected] California Asst RSM Provencher Jody Peterbilt 727-421-5244 [email protected] Florida & Mobile AL Poston Shane Peterbilt 936-443-7443 [email protected] Southeast Texas, Houston (All), Sealy, College Station, & Beaumont Wallace Ryan Peterbilt 903-649-2081 [email protected] Oklahoma Christopher Bobby Peterbilt 903-530-5600 [email protected] East Texas Adams Michael Peterbilt 303-817-7936 [email protected] Arizona, Nevada Wilson Adam Peterbilt 731-695-4676 [email protected] Tennesse, Kentucky Rush Enterprise Difference
• Largest commercial vehicle dealer group in North America • 117 locations in 22 states
• 50% ownership of Rush Truck Centres of Canada,
14 International locations in Ontario
• Class 3-8 truck sales, full range of aftermarket solutions • Broad market segment coverage
• Largest dealer group for Peterbilt, Navistar,
Hino, Isuzu, growing with Ford
• Leasing and rental
• Finance and insurance services
• More than 5M square feet of
premium facilities
• Capabilities for all makes and models
• Aftermarket parts
• More than $250M parts inventory
• Genuine OEM and all-makes parts including proprietary Rig Tough and Premium Power powertrain parts
• Service and body shop
• 2,379 service bays, 2,071 technicians;
25 collision centers
• 463 mobile and embedded technicians
• CNG/LNG service capabilities

Rushcare Service Connect
State-of-the-art online service communication system
• Provides on-demand, 360-degree view of service
process for vehicles in service departments
• 24/7 access to repair status
• Access to complete service history
of all work done at Rush Truck Centers
• Documented 2-way communication
• Out-of-network service tracking
• Fully functional on
mobile devices
• Available to customers
at no additional cost
Customer Service
• Rush Truck Centers
• 117 locations in 22 states
• Service and body shop
• 2,379 service bays, 2,071 technicians;
25 collision centers
• Rushcare Rapid Parts Call Center
• Nationwide network of local
parts professionals standing by
• 5,000 calls per day
• 96% answer rate
• 15-second average wait time
• Fast, personal and expert service
with extensive inventory
• OEM and aftermarket parts ready
for immediate pickup or delivery
• Brands you know and trust
in-stock at any location
• Dealership Hours Vary by Location
Green Initiatives

Vendor Certifications
Available upon request
Rush Limited Warranty
NEW PRODUCTS – MANUFACTURER WARRANTIES ONLY. Any warranties on any new product(s) sold by Rush are limited only to any printed warranty provided by the applicable manufacturer of the product.

EXCEPT FOR ANY SUCH WARRANTIES MADE BY MANUFACTURERS, THE PRODUCT(S) ARE SOLD WITHOUT

ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EACH OF WHICH IS EXPRESSLY DISCLAIMED.

USED PRODUCTS – NO WARRANTIES. All used product(s) sold by Rush are sold on an “AS IS, WHERE IS” basis, without any warranties by Rush. EXCEPT FOR ANY MANUFACTURERS’ WARRANTIES THAT MAY

STILL BE IN EFFECT, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED.

LIMITED WARRANTY ON SERVICES. Rush warrants that all services performed by Rush for a customer, including repair, maintenance and installation services (“Services”), will be performed in a good and workmanlike manner (“Services Warranty”). The Services Warranty is valid for a period of ninety (90) days from the date the Service is completed. Customer’s sole and exclusive remedy, and Rush’s entire liability, under the Services Warranty is the repair of any nonconforming portion of the Services. RUSH PROVIDES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, CONCERNING ITS SERVICES. The Services Warranty is strictly limited to Services performed by Rush for customer. Rush does not warrant any services provided by any third-party. Any warranties are solely those that are provided by the third-party service provider.

Tab 5 Products and Services
 Buses – respondent must list the makes and models of buses they can provide parts and kits both OEM and aftermarkets brands.
o OEM Parts
 IC Bus
 Bluebird Bus
 Collins
o Aftermarket
 Thomas
 Trucks – respondent must list the makes and models of trucks over two-ton capacity they can provide parts and kits for both OEM and aftermarket
o OEM Parts
 Navistar
 Peterbilt
 Mitsubishi FUSO
 Isuzu
 Hino
 Ford
 Cummins
 CAT
o Aftermarket
 Freightliner
 Volvo
 Mack
 Kenworth
 Heavy Construction Equipment – respondent must list the makes and models of construction equipment they can provide parts for both OEM and aftermarket
o OEM Parts
 CAT Engine
 Cummins
o Aftermarket
 NA
See Product Line Card below

Tab 8 – Value Added Products and Services
¨ Include any additional products and/or services available that vendor currently performs in their normal course of business that is not included in the scope of the solicitation that you think will enhance and add value to this contract for Region 14 ESC and all NCPA participating entities. ¨ Additional related products and services respondents provide should also be included in the price proposal.

Rush not only provides quality products, we also provide world class service. Service Discount off Door Rate will be quoted.

Tab 9 – Required Documents
¨ Clean Air and Water Act / Debarment Notice
¨ Contractors Requirements
¨ Antitrust Certification Statements
¨ Required Clauses for Federal Funds Certifications
¨ Required Clauses for Federal Assistance by FTA
¨ State Notice Addendum

Required Clauses for Federal Funds Certifications
Participating Agencies may elect to use federal funds to purchase under the Master Agreement. The following certifications and provisions may be required and apply when a Participating Agency expends federal funds for any purchase resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, awarded by the Participating Agency and the Participating Agency’s subcontractors shall contain the procurement provisions of Appendix II to Part 200, as applicable.

APPENDIX II TO 2 CFR PART 200
(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 CFR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein. (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5).

Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended— Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the nonFederal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS When federal funds are expended by Participating Agency for any contract resulting from this procurement process, offeror certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The offeror further certifies that offeror will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT When Participating Agency expends federal funds for any contract resulting from this procurement process, offeror certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18).

CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal Transit Administration funds, offeror certifies that its products comply with all applicable provisions of the Buy America Act and agrees to provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition.

Rush Truck Centers of Texas, LP
Supplement
to
Required Clauses for Federal Funds Certifications
A. Certification of Compliance with Buy America Provisions Rush is a dealer, not a manufacturer, and will be required to check with applicable manufacturers of the products it sells to determine whether they meet Buy America provisions. As this could vary based on manufacturer and product, Rush cannot confirm in advance that products sold to the District meet the Buy America provisions. If required by the District, Rush will check with individual manufacturers at the time of purchase.

B. Disadvantaged Business Participation
To the extent Rush requires subcontractor assistance under this contract, Rush will consider all qualified candidates, including DBE certified businesses, for such work.

Required Clauses for Federal Assistance provided by FTA

ACCESS TO RECORDS AND REPORTS
Contractor agrees to:
a) Maintain all books, records, accounts and reports required under this Contract for a period of not less than three (3) years after the date of termination or expiration of this Contract or any extensions thereof except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case Contractor agrees to maintain same until Public Agency, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto.
b) Permit any of the foregoing parties to inspect all work, materials, payrolls, and other data and records with regard to the Project, and to audit the books, records, and accounts with regard to the Project and to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed for the purpose of audit and examination.

FTA does not require the inclusion of these requirements of Article 1.01 in subcontracts. Reference 49 CFR 18.39 (i)(11).

CIVIL RIGHTS / TITLE VI REQUIREMENTS
1) Non-discrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, Section 202 of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12132, and Federal Transit Law at 49 U.S.C. § 5332, Contractor or subcontractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, marital status age, or disability. In addition, Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.
2) Equal Employment Opportunity. The following Equal Employment Opportunity requirements apply to this Contract:
a. Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal Transit Law at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable Equal Employment Opportunity requirements of U.S. Dept. of Labor regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, 41 CFR, Parts 60 et seq., and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of this Project.

Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, marital status, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, Contractor agrees to comply with any implementing requirements FTA may issue. b. Age. In accordance with the Age Discrimination in Employment Act (ADEA) of 1967, as amended, 29 U.S.C. Sections 621 through 634, and Equal Employment Opportunity Commission (EEOC) implementing regulations, “Age Discrimination in Employment Act”, 29 CFR Part 1625, prohibit employment discrimination by Contractor against individuals on the basis of age, including present and prospective employees. In addition, Contractor agrees to comply with any implementing requirements FTA may issue.
c. Disabilities. In accordance with Section 102 of the Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Contractor agrees that it will comply with the requirements of the Equal Employment Opportunity Commission (EEOC), “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR, Part 1630, pertaining to employment of persons with disabilities and with their responsibilities under Titles I through V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions. d. Segregated Facilities. Contractor certifies that their company does not and will not maintain or provide for their employees any segregated facilities at any of their establishments, and that they do not and will not permit their employees to perform their services at any location under the Contractor’s control where segregated facilities are maintained. As used in this certification the term “segregated facilities” means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or national origin because of habit, local custom, or otherwise. Contractor agrees that a breach of this certification will be a violation of this Civil Rights clause. 3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding or negotiation, made by Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under this Contract and the regulations relative to non-discrimination on the grounds of race, color, creed, sex, disability, age or national origin. 4) Sanctions of Non-Compliance. In the event of Contractor's non-compliance with the non-discrimination provisions of this Contract, Public Agency shall impose such Contract sanctions as it or the FTA may determine to be appropriate, including, but not limited to: 1) Withholding of payments to Contractor under the Contract until Contractor complies, and/or; 2) Cancellation, termination or suspension of the Contract, in whole or in part.

Contractor agrees to include the requirements of this clause in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.

DISADVANTAGED BUSINESS PARTICIPATION
This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”, therefore, it is the policy of the Department of Transportation (DOT) to ensure that Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR Part 26, have an equal opportunity to receive and participate in the performance of DOT-assisted contracts. 1) Non-Discrimination Assurances. Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. Contractor shall carry out all applicablerequirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or other such remedy as public agency deems appropriate. Each subcontract Contractor signs with a subcontractor must include the assurance in this paragraph. (See 49 CFR 26.13(b)). 2) Prompt Payment. Contractor is required to pay each subcontractor performing Work under this prime Contract for satisfactory performance of that work no later than thirty (30) days after Contractor’s receipt of payment for that Work from public agency. In addition, Contractor is required to return any retainage payments to those subcontractors within thirty (30) days after the subcontractor’s work related to this Contract is satisfactorily completed and any liens have been secured. Any delay or postponement of payment from the above time frames may occur only for good cause following written approval of public agency. This clause applies to both DBE and non-DBE subcontractors. Contractor must promptly notify public agency whenever a DBE subcontractor performing Work related to this Contract is terminated or fails to complete its Work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. Contractor may not terminate any DBE subcontractor and perform that Work through its own forces, or those of an affiliate, without prior written consent of public agency. 3) DBE Program. In connection with the performance of this Contract, Contractor will cooperate with public agency in meeting its commitments and goals to ensure that DBEs shall have the maximum practicable opportunity to compete for subcontract work, regardless of whether a contract goal is set for this Contract.

Contractor agrees to use good faith efforts to carry out a policy in the award of its subcontracts, agent agreements, and procurement contracts which will, to the fullest extent, utilize DBEs consistent with the efficient performance of the Contract.

ENERGY CONSERVATION REQUIREMENTS
Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plans issued under the Energy Policy and Conservation Act, as amended, 42 U.S.C.

Sections 6321 et seq. and 41 CFR Part 301-10.

FEDERAL CHANGES
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Contract between public agency and the FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor’s failure to so comply shall constitute a material breach of this Contract.

INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The provisions include, in part, certain Standard Terms and Conditions required by the U.S. Department of Transportation (DOT), whether or not expressly set forth in the preceding Contract provisions. All contractual provisions required by the DOT, as set forth in the most current FTA Circular 4220.1F, dated November 1, 2008, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. Contractor agrees not to perform any act, fail to perform any act, or refuse to comply with any public agency requests that would cause public agency to be in violation of the FTA terms and conditions.

NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES
Agency and Contractor acknowledge and agree that, absent the Federal Government’s express written consent and notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to agency, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract.

Contractor agrees to include the above clause in each subcontract financed in whole or in part with federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, apply to its actions pertaining to this Contract. Upon execution of the underlying Contract, Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to me made, pertaining to the underlying Contract or the FTA assisted project for which this Contract Work is being performed.

In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems appropriate.

Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(1) on the Contractor, to the extent the Federal Government deems appropriate.

Contractor agrees to include the above clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

State Notice Addendum
The National Cooperative Purchasing Alliance (NCPA), on behalf of NCPA and its current and potential participants to include all county, city, special district, local government, school district, private K-12 school, higher education institution, state, tribal government, other government agency, healthcare organization, nonprofit organization and all other Public Agencies located nationally in all fifty states, issues this Request for Proposal (RFP) to result in a national contract.

For your reference, the links below include some, but not all, of the entities included in this proposal:
http://www.usa.gov/Agencies/State and Territories.shtml https://www.usa.gov/local-governments
Region XIV Education Service Center
Tuesday, December 8th , 2020
Rush Truck Centers of Texas, LP
ATTN: Robb Nixon
555 I.H. 35 South, Suite 500
New Braunfels, TX 78130
Dear Robb,
1850 Highway 351
Abilene, TX 79601-4750
325-675-8600
FAX 325-675-8659
Region XIV Education Service Center is happy to announce that Rush Truck Centers of Texas, LP has been awarded an annual contract for Heavy Equipment, Diesel Truck, Bus Parts and Related Goods and Services based on the proposal submitted to Region XIV ESC.

The contract is effective immediately and will expire on December 315\ 2023. The contract can then be renewed annually for an additional two years, if mutually agreed on by Region XIV ESC and Rush Truck Centers of Texas, LP.

We look forward to a long and successful partnership underneath this contract.

If you have any questions or concerns, feel free to contact me at 325-675-8600.

Shane Fields
Region XIV, Executive Director
Enclosure 3
11c
A Regular Meeting of the Water Authority was held in the Parks and Recreation Community Room, 6767 Passons Boulevard, Pico Rivera, California.

Meeting was jointly held with the City Council and Water Authority. Items appear as listed on the combined agenda for the meeting of June 13, 2023.

Authority President Lutz called the meeting to order at 6:00 p.m.

PRESENT: Camacho, Garcia, Lara, Sanchez, Lutz
ABSENT: None
PUBLIC COMMENTS: None
CONSENT CALENDAR:

Water Authority:

18. Minutes:
• Approved Water Authority regular meeting of May 9, 2023.

19. PFAS Treatment System Project (CIP No. 50042) – Execute Professional Services Agreements for Ion Exchange Resin and Design Services. (500)

1. Approved a Professional Services Agreement to complete the scope of work under Agreement No. 21-58, in the amount not-to-exceed $1,746,134, to Calgon Carbon Corporation (Calgon Corporation), for procurement of Ion Exchange (IX) resin for treatment of per and polyfluoroalkyl substances (PFAS) for the PFAS Treatment System Project (CIP No. 50042), and authorized the Executive Director to execute the agreement in a form approved by the General Counsel; and

2. Approved a Professional Services Agreement to complete the scope of work under Agreement No. 20-50, in the amount not-to-exceed $1,289,194, to Jacobs Engineering Group, Inc. (Jacobs Engineering), to provide engineering design and construction support services for treatment of the PFAS Treatment System Project (CIP No. 50042) and authorized the Executive Director to execute the agreement in a form approved by the General Counsel.

Agreement No. 23-72 Agreement No. 23-73
Motion by Commissioner Garcia, seconded by Vice President Lara to approve Consent Calendar Item Nos. 18 and 19. Motion carries by the following roll call vote:

Tuesday, June 13, 2023
12 6-13-23 Water Minutes

Page 2 of 2 ends

AYES: Camacho, Garcia, Lara, Sanchez, Lutz
NOES: None
CONSENT CALENDAR ITEMS PULLED FOR FURTHER DISCUSSION: None REGULAR AGENDA: None
ADJOURNMENT:

President Lutz adjourned the Water Authority meeting at 7:50 p.m. in memory of El Rancho High School Alumni and Los Angeles County Board of Supervisor Gloria Molina. There being no objection it was so ordered.

AYES: Camacho, Garcia, Lara, Sanchez, Lutz
ABSENT: None
________________________________
Erik Lutz, President
ATTEST:
________________________________
Cynthia Ayala, CMC, Authority Secretary
I hereby certify that the foregoing is a true and correct report of the proceedings of the Water Authority regular meeting dated June 13, 2023, and received and filed by the Water Authority on September 26, 2023.
_______________________________
Cynthia Ayala, CMC, Authority Secretary
A Special Meeting of the Water Authority was held in the Parks and Recreation Community Room, 6767 Passons Boulevard, Pico Rivera, California.

Meeting was jointly held with the City Council, Housing Assistance Agency, and Water Authority. Items appear as listed on the combined agenda for the meeting of August 22, 2023.

Authority President Lutz called the meeting to order at 6:02 p.m.

PRESENT: Garcia, Sanchez, Lutz
ABSENT: Camacho (Excused), Lara (Excused)
PUBLIC COMMENTS: None
CONSENT CALENDAR ITEMS:

Water Authority:

3. Award an Agreement with Infosend, Inc. for Water Bill Printing and Mailing Services. (500)

1. Approved Resolution No. 23-36 authorizing the City Manager to execute the agreement as authorized under the City’s piggybacking purchasing procurement procedures, in a form approved by the City Attorney; and

2. Awarded an agreement with Infosend, Inc. for water bill printing and mailing services, in an amount not-to-exceed $240,000 over three years, with two one-year extensions of $80,000 each, at the discretion of the City of Pico Rivera.

Resolution No. 23-36 A RESOLUTION OF THE PICO RIVERA WATER AUTHORITY, AUTHORIZING AN AGREEMENT WITH INFOSEND, INC.

UTILIZING THE PIGGYBACK PROCUREMENT PROCEDURES
AUTHORIZED UNDER SECTION 3.20.030 OF THE PICO RIVERA

MUNICIPAL CODE
Agreement No. 23-74
Motion by Commissioner Garcia, seconded by Commissioner Dr. Sanchez to approve Consent Calendar Item No. 3. Motion carries by the following roll call vote:

AYES: Garcia, Sanchez, Lutz
NOES: None
ABSENT: Camacho, Lara
Tuesday, August 22, 2023
12a
8-22-23 Water Minutes Special

Page 2 of 2 ends

CONSENT CALENDAR ITEMS PULLED FOR FURTHER DISCUSSION: None REGULAR AGENDA: None
ADJOURNMENT:

President Lutz adjourned the Water Authority meeting at 6:13 p.m. in memory of Kathleen Solomon, Pete Ralph Cano, Virginia Villarreal. There being no objection, it was so ordered.

AYES: Garcia, Sanchez, Lutz
ABSENT: Camacho, Lara
________________________________
Erik Lutz, President
ATTEST:
________________________________
Cynthia Ayala, CMC, Authority Secretary
I hereby certify that the foregoing is a true and correct report of the proceedings of the Water Authority regular meeting dated August 22, 2023, and received and filed by the Water Authority on September 26, 2023.
_______________________________
Cynthia Ayala, CMC, Authority Secretary
To: President and Commissioners
From: Executive Director
Meeting Date: September 26, 2023
Subject: APPROVE AN AGREEMENT WITH FERGUSON
WATERWORK FOR A 5-YEAR SUBSCRIPTION OF
NEPTUNE 360 SAAS SOFTWARE FOR THE ADVANCED

METERING INFRASTRUCTURE
Recommendation:

1. Approve an agreement between Pico Rivera Water Authority (PRWA) and Ferguson Waterworks for an annual subscription to Neptune 360 SaaS Platform for the Advanced Metering Infrastructure (AMI) for the annual amount of $30,000 and a not-to-exceed amount of $156,121 for the total of five (5) years which includes a 2% increase each year; and

2. Authorize the Executive Director to execute the agreement in a form approved by the General Counsel.

Fiscal Impact:

The fiscal year 2023-24 Adopted Budget includes sufficient funds for the annual subscription amount of $30,000 under Account No. 550.40.4920-54500 (Contracted Services). No additional appropriations are needed. After year one (1), a 2% increase will be included for years two (2) through five (5).

Discussion:

In 2023, PRWA began the implementation of the Advanced Metering Infrastructure (AMI) technology throughout the PRWA service area. To obtain the full benefits of the AMI system, PRWA integrated Neptune 360 SaaS Platform with PRWA’s database and Tyler Technologies (New World) billing software. Smart metering technology is necessary to secure daily water meter consumption, and to track drought and conservation efforts established by the State of California. 13 PICO RIVERA WATER AUTHORITY AGENDA REPORT – MEETING OF SEPTEMBER 26, 2023
APPROVE AN AGREEMENT WITH FERGUSON WATERWORK FOR A 5-YEAR SUBSCRIPTION OF NEPTUNE 360 SAAS SOFTWARE FOR THE ADVANCED

METERING INFRASTRUCTURE

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The benefits of upgrading to AMI technology include the ability to perform and transmit meter reads quickly, automatically, accurately, and as often as necessary to PRWA’s Customer Service Billing software. Additionally, it has the ability to detect abnormal high-water consumption, which can indicate the presence of leaks.

AMI technology expedites the process of collecting monthly water utility meter data, enhances the level of service offered to water customers, implements a customer portal, and obtains more accurate water consumption information within the PRWA’s water network.

Years Years of Subscription Annual Amount
1 NEPTUNE 360 SaaS PLATFORM (AMI) ANNUAL

SUBSCRIPTION
(13980-205) Valid 8/1/23 - 7/31/24
$30,000.00
2 NEPTUNE 360 SaaS PLATFORM (AMI) ANNUAL

SUBSCRIPTION
(13980-205) Valid 8/1/24 - 7/31/25
$30,600.00
3 NEPTUNE 360 SaaS PLATFORM (AMI) ANNUAL

SUBSCRIPTION
(13980-205) Valid 8/1/25 - 7/31/26
$31,212.00
4 NEPTUNE 360 SaaS PLATFORM (AMI) ANNUAL

SUBSCRIPTION
(13980-205) Valid 8/1/26 - 7/31/27
$31,836.00
5 NEPTUNE 360 SaaS PLATFORM (AMI) ANNUAL

SUBSCRIPTION
(13980-205) Valid 8/1/27 - 7/31/28
$32,473.00
5-YEAR TOTAL AMOUNT $156,121
Ferguson Waterworks is unique in the industry and a sole-sourced service is recommended, in accordance with the Pico Rivera Municipal Code, Chapter

3.20.030(B), where sole-sourced services are based on unique technical ability, experience and specialized project, such as the AMI system. The vendor Ferguson Waterworks is the distributor of the Neptune360 SaaS software platform that is compatible with the installed AMI meters.

PICO RIVERA WATER AUTHORITY AGENDA REPORT – MEETING OF
SEPTEMBER 26, 2023
APPROVE AN AGREEMENT WITH FERGUSON WATERWORK FOR A 5-YEAR SUBSCRIPTION OF NEPTUNE 360 SAAS SOFTWARE FOR THE ADVANCED

METERING INFRASTRUCTURE

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Conclusion:

Staff recommends the approval of an agreement between Pico Rivera Water Authority (PRWA) and Ferguson Waterworks for an annual subscription to Neptune 360 SaaS Platform for the AMI system in the annual amount of $30,000 for fiscal year (FY) 2023- 24 with an increase of 2% each subsequent year, and a not-to-exceed amount of $156,121 for the total of five (5) years.

Steve Carmona
SC:NN:AR:np
Enclosure: 1) Professional Services Agreement
AGREEMENT NO. _______

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE PICO RIVERA WATER AUTHORITY (PRWA) AND

FERGUSON WATERWORKS

1. IDENTIFICATION
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between Pico Rivera Water Authority (“PRWA”), a California municipal corporation and Ferguson Enterprises, LLC dba Ferguson Waterworks, a Virginia limited liability company (“Consultant”). PRWA and Consultant are sometimes hereinafter individually referred to as a “Party” and collectively referred to as “Parties.”

2. RECITALS

2.1 PRWA has determined that it requires professional services from a consultant to provide Neptune 360 Software for use in conjunction with AMI Smart Water Meters.

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 August 24, 2023 proposal to PRWA 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 August 24, 2023 proposal to PRWA attached hereto as Exhibit “B.”

3.3 “Commencement Date”: August 1, 2023

3.4 “Expiration Date”: July 31, 2028

Enclosure 1
13a
Professional Services Agreement No._____

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5. CONSULTANT’S SERVICES

5.1 Consultant shall perform the services identified in the Scope of Services.

PRWA 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 One Hundred Fifty-Six Thousand One Hundred Twenty-One Dollars ($156,121.00) unless specifically approved in advance, in writing, by PRWA.

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

5.3 Should any inconsistency arise between this Agreement and any provision of the Consultant’s Scope of Services or Approved Fee Schedule, the terms of this Agreement that control to the extent necessary to resolve the inconsistency.

6. COMPENSATION

6.1 PRWA 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 PRWA an invoice, on a yearly 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, PRWA shall notify Consultant in writing of any disputed amounts included on the invoice. Within thirty (30) calendar days of receipt of each invoice, PRWA shall pay all undisputed amounts included on the invoice. PRWA shall not withhold applicable taxes or other authorized deductions from payments made to Consultant.

6.3 Payments for any services requested in writing by PRWA and not included in the Scope of Services shall be made to Consultant by PRWA 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 PRWA for such services.

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

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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 PRWA, 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) PRWA 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 PRWA reserves the right, for good cause, to require Consultant to exclude any employee from performing services on PRWA’s premises.

Consultant’s project administrator shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made in Consultant’s project administrator without PRWA’s prior written consent.

11. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material (“written products”) developed by Consultant solely and exclusively for the PRWA in the performance of this Agreement shall be and remain the property of PRWA without restriction or limitation upon its use or Professional Services Agreement No._____

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dissemination by PRWA. 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, PRWA shall comply with such laws to the extent feasible.

12. INDEPENDENT CONSULTANT

12.1 Consultant is, and shall at all times remain as to PRWA, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of PRWA or otherwise to act on behalf of PRWA as an agent. Neither PRWA 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 PRWA.

12.2 The Parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship, joint-employer relationship, or any other relationship between Consultant or Consultant’s employees except as set forth in this Agreement.

12.3 PRWA shall have no direct or indirect control over Consultant’s employees or sub-consultants with respect to wages, hours, and working conditions. In addition, PRWA 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. PRWA 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 PRWA; (ii) Consultant maintains a business location at the address listed under Section 20 that is separate and distinct from the PRWA; (iii) Consultant contracts with other businesses to provide the same or similar services and maintains a clientele without restriction from the PRWA; (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 PRWA’s business hours, Consultant may set its own hours and location of work.

13. CONFIDENTIALITY
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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 PRWA. PRWA shall grant such consent if disclosure is legally required. Upon request, all PRWA data and any copies thereof shall be returned to PRWA upon the termination or expiration of this Agreement.

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

15. INDEMNIFICATION

15.1 The Parties agree that PRWA, 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 but only to the extent caused by the Consultant’s negligence or willful misconduct. 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 PRWA. Consultant acknowledges that PRWA would not enter into this Agreement in the absence of Consultant’s commitment to indemnify and protect PRWA 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 PRWA, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all thirdparty claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property to the extent caused by the 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 the PRWA. 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 Professional Services Agreement No._____

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that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

15.3 PRWA shall have the right to offset against the amount of any compensation due Consultant under this Agreement any amount due PRWA from Consultant as a result of Consultant’s failure to pay PRWA 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 PRWA, 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 PRWA, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property to the extent caused by the 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 the PRWA.

15.6 PRWA does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by PRWA, or the deposit with PRWA, 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 PRWA, Consultant shall indemnify, defend, and hold harmless PRWA 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 Professional Services Agreement No._____

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payment of any penalties and interest on such contributions, which would otherwise be the responsibility of PRWA.

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 PRWA, including but not limited to eligibility to enroll in PERS as an employee of PRWA and entitlement to any contribution to be paid by PRWA 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 are caused by the Consultant’s performance of this Agreement.

Such insurance shall be of the types and in the amounts as set forth below:

16.1.1 Commercial 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

16.1.2 Automobile Liability Insurance for owned, hired and non-owned vehicles utilized by Consultant, its employees or subconsultants, in Professional Services Agreement No._____

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the amount of One Million Dollars ($1,000,000) per accident for bodily injury and property damage.

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. The foregoing requirement will be fulfilled by Consultant’s sub-consultant and nothing herein shall require Consultant to carry such coverage.

16.1.5 Cyber Liability Insurance against data breach and loss 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. The foregoing requirement will be fulfilled by Consultant’s subconsultant and nothing herein shall require Consultant to carry such coverage.

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

16.4 Consultant agrees that if it does not keep the aforesaid insurance in full force and effect PRWA may immediately terminate this Agreement.

16.5 At all times during the term of this Agreement, Consultant shall maintain on file with PRWA’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 PRWA as an additional insured. Consultant shall, prior to commencement of work under this Agreement, file with PRWA’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 PRWA at least thirty days prior to the expiration of the coverages.

16.7 The general liability and automobile policies of insurance required by this Professional Services Agreement No._____

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Agreement shall contain an endorsement naming PRWA, 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 except on thirty days’ prior written notice to PRWA.

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

16.10 NOT USED.

16.12 If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the PRWA 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 PRWA.

17. MUTUAL COOPERATION

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

17.2 In the event any claim or action is brought against PRWA relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that PRWA 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. PRWA shall have the right to access and examine such records, without charge, during normal business hours. PRWA shall further have the right Professional Services Agreement No._____

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to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

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 PRWA’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 PRWA: If to Consultant:

Steve Carmona, Executive Director
Pico Rivera Water Authority
PO Box 1016
6615 Passons Blvd.

Pico Rivera, California 90660-1016
Facsimile: (562) 801-4765
Mike Bella, CA Area Manager
Ferguson Enterprises, LLC Dba
Ferguson Waterworks
11909 Tech Center Ct.

Powa, CA 92604
With a courtesy copy to:

Arnold M. Alvarez-Glasman,
Agency Legal Counsel
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
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22.1. PRWA 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 PRWA. 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, PRWA’s obligation to pay Consultant shall be limited to payment only for those services satisfactorily rendered, as reasonably determined by the PRWA, 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 PRWA data, documents, objects, materials or other tangible things shall be returned to PRWA upon the termination or expiration of this Agreement.

22.2 If PRWA 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 reasonably determined by the PRWA, 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 PRWA’s prior written consent, and any attempt to do so shall be void and of no effect. PRWA shall not be obligated or liable under this Agreement to any Party other than Consultant.

24. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY

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25. WARRANTIES

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.

27. NON-WAIVER

27.1 The waiver by PRWA 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 Professional Services Agreement No._____

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condition herein contained. In no event shall the making by PRWA of any payment to Consultant constitute or be construed as a waiver by PRWA 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 PRWA shall in no way impair or prejudice any right or remedy available to PRWA with regard to such breach or default. No term, covenant or condition of this Agreement shall be deemed to have been waived by PRWA or Consultant unless in writing.

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

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

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 PRWA 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 PRWA and Consultant.
[THIS SECTION IS INTENTIONALLY LEFT BLANK]
Professional Services Agreement No._____

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TO EFFECTUATE THIS AGREEMENT, the Parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below:
“PRWA” “CONSULTANT”

PICO RIVERA WATER AUTHORITY (PRWA) FERGUSON ENTERPRISES, LLC DBA

FERGUSON WATERWORKS
______________________________ ___________________________________ Erik Lutz, President Mike Bella, California Area Manager Dated: ________________________ Dated: _____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ ___________________________________ Cynthia Ayala, Authority Secretary Arnold M. Alvarez-Glasman, Agency Legal Counsel

EXHIBIT A

SCOPE OF SERVICES

DESCRIPTION OF SERVICE
Neptune® 360TM Software-as-a-Service
The Neptune® 360TM Cloud Platform delivers an intuitive, user-friendly design, making AMR and AMI meter reading data clear and easy to interpret. System-wide Key Performance Indicators and geographical views assist with identifying areas of concern and ways to maximize operational efficiency and improve overall customer service and quality of service.

Description of Services
The Neptune 360 Software-as-a-Service subscription provides the customer with a non-transferable license to access the Neptune 360 application for all internal personnel. The Customer shall not permit the use of the Service by any unauthorized third parties, unless mutually agreed in writing. The subscription includes the following services:
• Secure access to the Neptune 360 Platform which includes:
o Neptune 360 Web App
o Neptune 360 Mobile App
o Neptune 360 Sync (required for Trimble Handheld compatibility) and o Application Programming Interfaces (if applicable)
• 24x7 Application and security monitoring
• Database preventive maintenance and scalability monitoring • Software upgrades and updates, with prior notice via email • Providing all server operating system and hardware updates requirements • Data back-up and replication
• Data Security and Business Continuity Plan (BCP) processes • Providing telephone support at 1-800-647-4832 Monday-Friday from 7:00am-5:00pm Central time, excluding corporate holidays, and email support at [email protected] Service Level Objectives
• Availability. Neptune will use commercially reasonable efforts to provide at least 99% uptime of the SaaS Application, less Maintenance Windows.
• Ticket Issuance. Neptune will open a trouble ticket upon the earlier to occur of: (i) when Neptune first observes an issue; or (ii) when Customer first reports the issue. If an issue relates to Customer’s system and Neptune becomes aware of the issue, Neptune will promptly report this information to Customer.

Technical support hours are Monday-Friday from 7am-5pm Central Time. Neptune’s commitment is to open a ticket and respond to said ticket within 24 hours of issue identification. • Response Time. The urgency and time to correct will be dependent upon the issue itself and its impact to the Customer to perform billing functions (a “Billing Impediment”). Neptune shall prioritize the correction of any Billing Impediment and shall endeavor to correct such problems within 72 hours after issue identification. Other issues are considered a bug and fixes will be implemented upon an assigned software major or minor release schedule.

Exhibit A
A-001

DESCRIPTION OF SERVICE
Data Ownership
All data that is received from Neptune 360 Cloud Platform is captured, processed, stored, and accessed within the country in which the utility customer resides. Any data and information provided to Neptune by Customer or its Consumers (“Customer Data”) remains the property of Customer. Customer grants to Neptune the right and license to host, access, store, and use the Customer Data for the purposes of providing and maintaining the Service. Upon expiration or failure to renew the Software-as-a-Service Subscription, Neptune will no longer provide the Service and Customer may no longer use the Application. Following such expiration, so long as Customer is current in all payments to Neptune, upon the written request of the Customer made within thirty (30) days after the effective date of the expiration, Neptune will use commercially reasonable efforts to provide an export or download of any Customer Data in a mutually agreed format. After such thirty (30) day period, Neptune has no obligation to maintain or provide the Customer Data.

Application Programming Interfaces
• License. For the sole purpose of creating an interface between the Application and software or applications licensed by Customer from third parties, the Subscription includes a non-exclusive, nontransferable license to use APIs as well as related documentation required for their implementation. • Limitations on Rights of Use. Customer shall not use the API for any other purpose except as expressly authorized in writing. Customer has no rights to the object code or source code of the API. Customer may not disassemble, decompile, reverse translate or apply any other procedure to a non- source code delivered API. Any rights in API(s) and the Documentation not expressly granted to Customer in writing shall remain with Neptune.
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A-002

EXHIBIT B

APPROVED FEE SCHEDULE
Date:
1 2
3 4
5 Pico Rivera, City of 08242023
Extended
1 NEPTUNE 360 SaaS PLATFORM (AMI) ANNUAL SUBSCRIPTION
(13980-205) Valid 8/1/27 - 7/31/28 $32,473.00
$30,000.00
$30,600.00
$31,212.00
$156,121.00
Sub Total
Taxable Freight
Quotation #
Project:

AMI Specialists: Adam Milauskas
8/24/2023
Ship to:

Adrian Rodriguez 5-Year Neptune 360 Subscription
8/1/23-7/31/28
Pico Rivera, City of
9633 Beverly Rd
Terms:

Valid Until:
***No tax for Software-as-a-Service
1 1
Total Investment
$31,836.00
$30,600.00
Ship Date
N/A
$32,473.00
$156,121.00
Estimated Sales Tax
Freight
NEPTUNE 360 SaaS PLATFORM (AMI) ANNUAL SUBSCRIPTION
(13980-205) Valid 8/1/23 - 7/31/24
Product or Service Description
$30,000.00
Per Item
$31,212.00
$31,836.00
NEPTUNE 360 SaaS PLATFORM (AMI) ANNUAL SUBSCRIPTION
(13980-205) Valid 8/1/25 - 7/31/26
NEPTUNE 360 SaaS PLATFORM (AMI) ANNUAL SUBSCRIPTION
(13980-205) Valid 8/1/24 - 7/31/25

10.25%
NEPTUNE 360 SaaS PLATFORM (AMI) ANNUAL SUBSCRIPTION
(13980-205) Valid 8/1/26 - 7/31/27 1
1 Pico Rivera, CA 90660 Net Thirty Days
Item Quantity
11909 Tech Center Ct.

Poway, CA 92064
Phone: 949.467.4758
Fax: 858.391.5958

Page 1 of 2 ends

Exhibit B
B-001
Date:

Quotation # Pico Rivera, City of 08242023
8/24/2023
11909 Tech Center Ct.

Poway, CA 92064
Phone: 949.467.4758
Fax: 858.391.5958
Prices quoted are for this project only and do not include sales or use taxes, if any. Quoted prices are based upon receipt of the total quantity for immediate shipment or shipments within thirty (30) days of a bid opening only, and are offered contingent upon the Buyer's acceptance of Seller's terms and conditions. Seller objects to all terms and conditions. Future shipments subject to price changes. Seller not responsible for delays caused beyond our control. Purchaser's sole warranties, if any, are those provided by the manufacturer. SELLER DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL

SELLER BE LIABLE FOR ANY INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE OPERATION OR USE OF THE PRODUCT. SELLER'S LIABILITY, IF ANY, SHALL BE LIMITED TO THE NET SALES PRICE RECEIVED BY SELLER. All returns are subject to Ferguson and/or Manufacutures return policy and maybe subject to a restocking fee. Complete terms and conditions are available upon request or can be view at www.ferguson.com/sales-terms.html

Page 2 of 2 ends

B-002
To: Mayor and City Council
From: City Manager
Meeting Date: September 26, 2023
Subject: APPROVE A MEMORANDUM OF UNDERSTANDING WITH

LANDIFY ECT CORPORATION FOR PARK DEVELOPMENT

PROJECTS
Recommendation:

1. Approve a Memorandum of Understanding with Landify ECT Corporation for Park Development Projects; and

2. Authorize the City Manager to execute a Memorandum of Understanding (MOU) between the City of Pico Rivera and Landify ECT (ECT) regarding the development of new and existing parks throughout the City.

Fiscal Impact:

There is no fiscal impact to the General Fund associated with this MOU. The City assumes all internal costs related to exploring, advancing, and developing new and existing park projects as part of the normal course of business. As park projects advance into the implementation stages, staff will prepare and present a scope of work, timeline, budget, and more definitive agreements with Landify for individual projects that will be subject to City Council approval.

Background:

According to the 2016 Los Angeles County Parks Needs Assessment, the City of Pico Rivera has 1.3 acres of parks and open space for every 1,000 residents, far less than the Los Angeles County and national averages of 3.3-acres and 6-acres, respectively. In 2020, U.S. Army Corps of Engineers (USACE) informed the City of Pico Rivera that the Whittier Narrow Dam Safety Modification Project (WND Project) would result in permanent impacts to Streamland Park (14-acres), the Pico Rivera Golf Course (30-acres), and Bicentennial Park (60-acres). A total of approximately 104-acres or 57% of parks in Pico Rivera will experience profound impacts. The WND Project will also permanently eliminate Avenida Vicente Fernandez (formerly known as Sports Arena Drive/Rooks Road), the primary access road to Bicentennial Park and the Pico Rivera Sports Arena. 14 CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 26, 2023

APPROVE A MEMORANDUM OF UNDERSTANDING WITH LANDIFY ECT

CORPORATION FOR PARK DEVELOPMENT PROJECTS

Page 2 of 5 ends

Based on these realities, the City of Pico Rivera developed a comprehensive framework to prioritize and enhance existing parks while identifying and developing new parks, open space, trails, and recreational opportunities throughout the City.

Within a period of two (2) years, the City has identified and is currently advancing the following park projects:
 Smith Park Aquatic Center – A new pool; aquatic center; and grandstands.  Rio Hondo Park – All new sports fields with artificial turf, courts, playgrounds, landscaping, and security lighting.
 The PAD Park – Converting the former Montebello Bus Depot into a neighborhood park and mobility hub.
 Historic Whittier Boulevard Back Alley Paseos – beautifying blighted back alleys with new landscaping, artwork, signage, lighting, and programmed space for community activities and economic development purposes.
 Alebrije Dog Park – The City’s first dog park featuring Mexican/Oaxacan alebrije artwork.

Furthermore, per Senate Bill 268 (Archuleta), the City of Pico Rivera is actively leading efforts to form and establish the Lower San Gabriel River Recreation and Parks District.

Although the formation process is lengthy and complex, the regional leadership role alongside proactive park planning positions the City of Pico Rivera to compete and secure State and federal grants and legislative funding appropriations.

Discussion:

The lack of park space in Pico Rivera is a devastating reality this community faced, even prior to the loss due to the WND Project. Community leaders, residents, businesses, stakeholders, elected officials, and government agencies have been collectively advocating for more parks and open space in Pico Rivera. Combined with strong project proposals, the City has been prosperous in its funding pursuits. Since January 2021, the City has secured over $40 million for projects related to parks, trails, open, and recreation space with another $14 million in grant proposals that are currently pending approval.

Although critical to park development, the administrative process to plan and prepare grant proposals then manage awards often strains staff capacity. Each granting agency has different rules and regulations governing documentation retention, reporting financials and deliverables, outreach and engagement, procurement and contracting, and much more. As a result, identifying and targeting grant programs often requires an analysis to evaluate the balance between benefit, value, and costs. Recognizing this challenge, staff regularly strive to diversify the funding streams while introducing creative approaches to new park developments.

For example, shared-use agreements with school districts have proven to be effective mechanisms to introduce more park space. Development agreements have also resulted CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 26, 2023

APPROVE A MEMORANDUM OF UNDERSTANDING WITH LANDIFY ECT

CORPORATION FOR PARK DEVELOPMENT PROJECTS

Page 3 of 5 ends

in the creation of more public green space. Staff are also establishing dedicated partnerships with other government agencies to share the expense of new parks. More recently, staff secured legislative language in the proposed Climate Resiliency Bond of 2023 that would prioritize park-poor communities such as Pico Rivera. Staff are being as creative as possible to optimize park development opportunities within the City.

This proposed MOU with ECT is yet another avenue by which to develop more parks, sooner, and at a lower cost. In short, Landify ECT is a private enterprise that partners with public agencies such as local cities to build parks.

Landify ECT – Park Development Model
ECT’s business model focuses on two (2) primary objectives: 1) intercept excavated soils from development construction sites, and 2) use the tipping fees and clean soil to build parks. ECT partners with local cities to identify and scope plots of land that are suitable for new park sites. ECT then works closely with landowners and developers that seek to undertake new development projects that typically require excavating, loading, and disposing of clean soil, after it’s been tested and verified it’s been cleaned.

Landowners/developers must pay a tipping fee to dispose of soil. ECT collects and uses the tipping fees to cover the expense of scoping, designing, and building new parks.

Furthermore, instead of hauling the clean soil long distances to dump sites such as large quarries, ECT intercepts and reroutes soil-loaded trucks to sites (e.g., new park sites) that are in close geographical proximity to the original construction sites. As a result, developers save money associated with fuel costs and drive-time labor hours while also reducing greenhouse gas emissions related to the vehicle miles traveled.

Landify is the California-based subsidiary of the parent company, Groupe ECT based in France. Groupe ECT has over 50 years of experience managing soil while maintaining the highest environmental standards. Groupe ECT has completed over 100 projects in multiple countries ranging from urban forests, passive and active recreation parks, sport facilities, equestrian parks, mountain bike tracks, solar farms, and much more. Landify ECT targets parks sites over 2.5 acres in high-growth, high-density communities that are park deficient.

Having learned about the significant loss of park space associated with the WND Project, Landify ECT approached the City of Pico Rivera to present their business model and to preliminary explore opportunities for a potential public-private partnership.

Staff prepared a park development matrix (Enclosure 2) to help identify, prioritize, and propose park projects within the City.

Ruben Salazar High School Renovation Project – Pilot Project Based on City Council direction and a shared-use agreement with ERUSD, staff developed a conceptual vision to renovate the underutilized open fields of Ruben Salazar High School into a new green space area providing various sized soccer fields, basketball courts, futsal and pickle ball courts, walking paths, fencing, lighting, parking, landscaping, and picnic areas. Initial cost estimates for this fully designed project came in over $19 million. Based CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 26, 2023

APPROVE A MEMORANDUM OF UNDERSTANDING WITH LANDIFY ECT

CORPORATION FOR PARK DEVELOPMENT PROJECTS

Page 4 of 5 ends

on this high cost, the City and the school district collectively decided to take a multi-year phased approach that is largely dependent on recuring grant cycles and subject to funding availability. Although the City is confident in its ability to secure and put together grant funds, the timeframe to implement the full vision is estimated to be seven-to-ten-years.

In fact, the City has been selected to receive a Cal Fire grant in the amount of $2.3 million dollars that will be dedicated for the Ruben Salazar High School Property to enhance the greenery within the City and increase the urban forest. If accepted by City Council, the grant would provide funds to grade and level the existing area, remove the blighted asphalt, install low-flow irrigation and plant much needed trees to increase the City’s shade canopy.

Beyond this one grant, the City hasn’t identified any other suitable grant opportunities.

Considering the early stages of development and the strong community interest, Ruben Salazar High School property was determined to be a prime candidate for a pilot project with Landify ECT. A partnership with Landify would accelerate the project timeline and alleviate the overall grant dependency by reducing the project cost to approximately $4.6 million, reducing the funding gap of $14 million. Although appealing from a financial perspective, this project delivery model would require a new design that accounts for new constraints, challenges, and opportunities. If the proposed MOU is approved, City staff will work closely with the school district to undertake a transparent and community-based process to develop a new outdoor greenspace design. All processes and final designs associated with Ruben Salazar High School Property would be subject to final approval by the El Rancho Unified School District Board of Education.

If the Ruben Salazar High School property is not included as part of this MOU, staff has outlined multiple sites and park projects that may advance in partnership with Landify.

Assuming this MOU is approved, staff and Landify will prepare a more detailed project scope, design, budget, and timeline for City Council consideration and approval at a later date. Staff will continue to provide regular updates to the ERUSD ad-hoc and governing board. Staff will also work with Landify to explore the feasibility of developing additional parks and/or enhancing existing parks throughout the City. Each potential park project will be presented to City Council for consideration and approval.

Conclusion:

Staff recommends that the City Council approve the Memorandum of Understanding with Landify ECT Corporation to formerly explore the development of parks in the City of Pico Rivera using their park delivery business model.

Steve Carmona
SC:JH:PY:smc
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 26, 2023

APPROVE A MEMORANDUM OF UNDERSTANDING WITH LANDIFY ECT

CORPORATION FOR PARK DEVELOPMENT PROJECTS

Page 5 of 5 ends

Enclosures: 1) Memorandum of Understanding
2) Park Development Matrix

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF PICO RIVERA
AND

LANDIFY ECT CORPORATION
Preamble and Background
Landify ECT Corporation, a Delaware corporation (“ECT”), focuses on “upcycling,” including re-using excavated soil from urban construction sites to work with communities and local authorities on projects of sustainable, collaborative development. One component (and one of the benefits) of ECT’s business model is that ECT will self-finance (at least partially) the projects it works on. ECT met with the City of Pico Rivera, California (the “City”) and presented its business model. The City indicated that it is working on at least one park project and agreed to discuss a legal framework for the parties to evaluate the feasibility of such project and thus reach a go/no-go decision on the project.

This document is intended to describe what the parties are considering regarding at least one potential park project where external fill may be useful. This document does not commit the City to realizing such project. The City can decide at any time to change what will be done in the designated areas, or even to create a park project without using external fill. The only thing required of the City by ECT is that if the City decides to create a park using external fill, it does so with ECT.

THIS MEMORANDUM OF UNDERSTANDING (this “MOU”) is entered into as of July 11, 2023, by and between the City of Pico Rivera, California (the “City”) and Landify ECT Corporation, a Delaware corporation (“ECT”). The City and ECT are collectively referred to herein as the “Parties” and individually as a “Party,” and are entering into this MOU, based on the following facts and understandings:

A. The City has conducted a community-wide assessment and identified multiple sites throughout the city that may be suitable for new park developments.

Details regarding each site including location, size, ownership, general priority, etc. have been outlined in Exhibit A – Park Development Matrix. The general priority of each site is subject to further direction, change, and approval by the Pico Rivera City Council. Given the unique characteristics of each respective site, additional planning, technical analysis, budget considerations, and due diligence is required to determine the ultimate feasibility of a new park development. Any other sites within the City of Pico Rivera that may be identified and accepted for consideration as park projects by both Parties, shall be referred to hereinafter as the “Potential Park Projects.” B. Based on City Council direction and per a Shared-Use Agreement with El Rancho Unified School District (ERUSD), the city has prioritized the sports fields and open space of Ruben Salazar High School for a new park development project, hereinafter referred to as “Ruben Salazar Renovation Enclosure 1
14a
2 Project.” The fields are owned, managed, and operated by ERUSD. In accordance with existing agreements between the City and ERUSD, the City shall be responsible for planning and designing the new park, and identifying, pursuing, managing, and administering all funding dedicated to the implementation of the Ruben Salazar Renovation Project.

C. The City has identified the Ruben Salazar Renovation Project as an ideal candidate for a pilot project with ECT. Examples of illustrative developments on the Ruben Salazar Renovation Project site are depicted on Exhibit B. This project (and any other Potential Park Project) would include several enhancements as part of the City’s commitment to establishing and maintaining facilities, parks and services that enhance the quality of life for the community.

The City intends to initiate the necessary review and approval of the Ruben Salazar Renovation Project and any other Potential Park Projects pursuant to a master plan or similar process (the “Master Plan”).

D. The Parties desire to utilize the expertise of ECT’s personnel to develop certain of the improvements in the Potential Park Projects that will be consistent with the Master Plan. The Parties are entering into this agreement to enable the Parties to undertake the required due diligence to evaluate the feasibility of the Potential Park Projects including, among others, evaluating environmental conditions. Assuming the Parties agree that proceeding with the Potential Park Projects is feasible, this document will then facilitate ECT’s proposal to construct some or all of the contemplated improvements (all such amenities to be discussed and adjusted with the City and local stakeholders).

E. The Parties’ intent is to move forward with the due diligence regarding the Potential Park Projects, in accordance with the terms of this document. If, following completion of the due diligence, the Parties agree it is feasible, they will then proceed with the Design, Entitlements, and Definitive Agreement(s), as described more fully below.

THEREFORE, in consideration of the terms and conditions set forth herein, the Parties hereby agree as follows:

Section 1.1 Due Diligence. Each Party shall timely provide, and shall direct its representatives, including attorneys, consultants, and financial advisors, to provide to the other Party and its representatives, reasonable access to the Potential Park Project sites, as well as such information (including, without limitation, soils and environmental reports) that each such Party reasonably deems necessary, to evaluate the feasibility of, and to advance, the Potential Park Projects. The City shall support the internal costs linked to the involvement of City personnel on these Projects. ECT shall support all the costs necessary for the feasibility study. The Parties shall endeavor to complete their due diligence in a timely manner, such that the Parties can decide whether to proceed with the Ruben Salazar Renovation Project no later than six (6) months after full execution of this MOU (unless the Parties agree on an extension), and for any additional park projects 3 by a deadline agreed upon by the Parties. Each of the Parties shall retain sole discretion as to whether they will proceed with these Projects upon completion of the due diligence.

Section 1.2 Design. The Parties will develop together a preliminary design and site plan (the “Preliminary Design Plan”) depicting the improvements, which will include elevations.

ECT will financially contribute to the Preliminary Design Plan. The Parties will work together to refine the plans and specifications to address the City’s concerns, taking into account ECT’s project delivery methodology, and this process will be repeated until such time as the Parties have agreed on the plans and specifications for each of the Potential Park Projects (the “Approved Plans”). Unless the Parties agree otherwise, construction (excluding buildings) on any individual component of each of the Potential Park Projects will not commence until such time as the Parties have agreed on the Approved Plans for that particular component, and a Definitive Agreement (defined below) has been executed by the Parties.

Section 1.3 Entitlements. Once the Parties have reached agreement on the Approved Plans, ECT will take the lead, at its sole cost but with the City’s cooperation, on obtaining all other entitlements for each of the Potential Park Projects, including building permits for construction, and any other necessary permits or approvals. Upon execution of this MOU, ECT is authorized by the City to contact any regulatory or other governmental agencies, as may be necessary in connection with obtaining information and entitlements for these Projects, including CalRecycle and the Regional Board. ECT will do this in total transparency with the City. The City will be the Lead Agency for purposes of conducting any required CEQA review and permitting for these Projects.

The approval of this MOU shall not commit the City to the approval of any of the Potential Park Projects or any iteration thereof, and shall not limit the scope of any CEQA analysis, including but not limited to project mitigation measures and the consideration of project alternatives, including a no-project alternative. The provisions of this Section shall not in any way limit, hinder or affect the discretion of the City to review CEQA documents and impose mitigation measures, alter any of the Potential Park Projects or deny any of these Projects. If the City or any other regulatory agency with jurisdiction imposes any condition of approval that materially increases the cost of constructing any component of these Projects, this may cause ECT to exercise its right to terminate this MOU.

Section 1.4 City Commitment. The City is under no obligation to proceed with all or any portion of the Potential Park Projects. However, if the City decides to create a park on any of the Potential Park Project sites using external fill, it shall do so with ECT.

Section 1.5 Definitive Agreement(s). Upon obtaining all entitlements for each Potential Park Project, the Parties intend to execute one or more construction contracts with respect to that Project (or component thereof). A construction contract for any component of such Project is referred to as a “Definitive Agreement.” Each Definitive Agreement will (a) require that ECT obtain and maintain all appropriate licenses required to construct any such component of the Project, (b) define the scope of the construction that ECT will undertake, (c) require ECT to construct any such component of the Project on the terms and conditions agreed to in the Definitive Agreement, and (d) 4 require ECT to satisfy all applicable public works requirements (e.g., payment of prevailing wages for construction services) in connection with such construction. Each Definitive Agreement will also include a construction schedule for the construction of the applicable Project component (the “Construction Schedule”). Upon execution of each Definitive Agreement, ECT will proceed with the construction of the Project components covered by such agreement, in accordance with the terms of such Definitive Agreement, the Approved Plans and the Construction Schedule. The City will not be charged for the construction services provided by ECT.

Section 1.6 Representatives. Each Party shall designate one representative (each, a “Representative”), who will be authorized to communicate decisions and grants of approval for such Party, under this MOU. Initially, Pamela Yugar, Director of Parks and Recreation, shall be the City’s Representative, and Jonathan Bryden, President (email:
[email protected]; tel: (415) 635-3555) shall be ECT’s Representative. Either Party may change its Representative by giving written notice of the change to the other Party.

Section 1.7 Further Details to be Negotiated. The Parties acknowledge that the details of the Potential Park Projects described herein are intended to be the subject of further discussion and negotiation between the Parties, all of which will be reflected in the Definitive Agreement(s). The City will prepare the first draft of the Definitive Agreement, which will be based upon documents the City uses for similar transactions within its community; provided, at the request of the City, ECT will prepare the initial draft of the Definitive Agreement. THIS MOU IS INTENDED AS A PRELIMINARY

EXPRESSION OF GENERAL INTENTIONS AND, WHILE THE PARTIES INTEND TO

PROCEED WITH THE POTENTIAL PARK PROJECTS AND AGREE TO PURSUE

THEM IN GOOD FAITH, EITHER SHALL HAVE THE RIGHT TO TERMINATE THIS MOU WITH OR WITHOUT CAUSE; PROVIDED, HOWEVER, THAT TERMINATION

OF THIS MOU WILL NOT AFFECT ANY DEFINITIVE AGREEMENT THAT HAS BEEN

FULLY EXECUTED AND DELIVERED BY THE PARTIES PRIOR TO SUCH TERMINATION.

Section 1.8 Notices. Any notice from one Party to the other in connection with this MOU, shall be given to the Parties’ at their respective addresses set forth on the signature page hereto. Notices may be given by email, U.S. mail, overnight courier that provides evidence of delivery, or personal delivery, with postage prepaid by the sending party. Notices given by email shall be deemed given when sent; notices given by overnight courier or personal delivery shall be deemed given when delivered; and notices given by U.S. mail shall be deemed given three days after deposit in a U.S.

Postal Service mailbox.

Section 1.9 Exclusive Dealings. Upon execution of this MOU by both Parties, the City will not solicit or accept any offers or engage in any discussion concerning the development of any of the Potential Park Projects (or any component thereof), until such time as this MOU is terminated, as provided herein. 5 Section 1.10 Governing Law. This MOU and the interpretation hereof shall be governed by the internal laws of the State of California, without regard to such state’s conflict of law rules.

Section 1.11 Counterparts. This MOU may be executed in any number of counterparts, all of which, when taken together, shall be considered one and the same agreement, and shall become effective when at least one counterpart has been executed and delivered by each Party, it being agreed that both Parties need not sign the same counterpart. A Party’s signature that is provided digitally or electronically, or is delivered by email, facsimile or other electronic means, shall be valid and binding on the Party so executing or delivering its signature, and shall have the same force and effect as if such signature were an original thereof.

6 IN WITNESS WHEREOF, the Parties have executed this MOU as the date first set forth above.

CITY OF PICO RIVERA
By: __________________
Steve Carmona, City Manager
City of Pico Rivera
6615 Passons Blvd.

Pico Rivera, CA 90660

LANDIFY ECT CORPORATION,
a Delaware corporation
By: __________________
Jonathan Bryden, President
Landify ECT Corporation
580 California Street,
12th and 16th Floors
San Francisco, California 94104
Attn: Jonathan Bryden
NAI-1537243108v1
1 Re-using construction soil for recreation, parks and open space 2 Elements received – conceptual site plan
3 Ruben Salazar Park – Existing – 3D view
4 Ruben Salazar Park – Existing site - heights
5 Ruben Salazar Park – First proposal – Plan
Project description
We managed to integrate many amenities which
were included in the conceptual site plan.

We are using the slopes to create natural
bleachers facing the baseball pitches as well as
the two open space areas
The layout includes :
• 2 mini pitch courts
• 6 full basketball courts
• 2 half basketball courts
• Shade structure with tables
• Restroom facilities
• 1 adult soccer field
• 1 AYSO storage unit
• Raised planter for outdoor education garden
• 2 open space areas for visitor picnicking and
lawn amphitheatre
• Viewpoint
Bleachers
Grass Terrace
6 Ruben Salazar Park – First proposal - Section
7 Ruben Salazar Park – First proposal – Landform integration - before 8 Ruben Salazar Park – First proposal – Landform integration - after 9 • Delivery, at no cost for the city, of a landform ready to seed • Estimated landform creation: 3 months (141 truck rotations per day) Volume in cubic yard Size of the area (acres)
148,569 15.3
Ruben Salazar Park: Landify First proposal
10 Ruben Salazar Park: Landify First proposal – Cost comparison for amenities Cost comparaison
Cost estimate on
current city
conceptual plan
Cost estimate on Landify ECT
Corp project
Comment
Demolition $ 727,344.00 $ - No demolition
Grading & Drainage $ 1,417,958.00 $ 414,000.00 Grading included in Landify budget which leaves just drainage Utilities $ 572,700.00 $ 572,700.00
Parking Lot $ 756,996.00 $ 756,996.00 No included in project perimeter but could be perhaps put next to Baseball field Hardscape & Walking Path $ 3,325,587.00 $ 452,168.00 Detail given in next slides Restroom/Maintenance Building $ 1,255,270.00 $ 340,000.00 Cost estimate from Landify provider Basketball courts $ 1,608,749.00 $ 350,000.00 Cost estimate from Landify provider ($50k for full basketball and $25k for half courts) Mini Pitch $ 1,008,228.00 $ 500,000.00 Cost estimate from Landify provider ($100k per pitch) Soccer Fields $ 877,680.00 $ 790,000.00 Cost estimate from Landify provider Landscape $ 1,728,847.00 $ 1,001,771.54 Detail given in next slides CWA 20% increase $ 2,655,872.00 $ - Costs already including CWA increase Soft costs (20%) $ 3,187,047.00 $ 517,763.55 @10% because some contingency/soft costs already included in Landify budget Total $ 19,122,278.00 $ 5,695,399.09
Extra money given by Landify to fund amenities $ 1,047,164.46 Remaining costs $ 4,648,234.63
Calfire grant $ 4,799,483.00
11 Ruben Salazar Park: Landify First proposal – Landscaping costs detail Quantity Cost per unit Total cost for project
Low water use landscape - Hydroseeding (ft²) 244,452 $ 3.23 $ 789,579.96 Turf area hydroseeding (ft²) 41,026 $ 3.23 $ 132,513.98 Turf area irrigation (ft²) 37,120 $ 1.64 $ 60,876.80
Trees (u) 20 $ 250.00 $ 5,000.00
Earth steps (ft) 1,327 $ 10.40 $ 13,800.80
Total $ 1,001,771.54
12 Ruben Salazar Park: Landify First proposal – Hardscape & Walking Path costs detail HARDSCAPE & WALKING PATH Quantity Unit Cost per unit Total Quantity Unit Cost per unit Total 6" Concrete 32,387.00 SF $ 16.00 $518,192.00 5,748.00 SF $ 16.00 $91,968.00 Concrete Ramp 6.00 EA $ 5,000.00 $30,000.00 0.00 EA $5,000.00 $- Truncated Domes 270.00 SF $ 30.00 $8,100.00 0.00 SF $30.00 $- Pathway Lights 8.00 EA $ 6,000.00 $48,000.00 8.00 EA $ 6,000.00 $48,000.00 Circular Seatwall 189.00 LF $ 300.00 $56,700.00 0.00 LF $300.00 $- Raised Garden Beds 1,395.00 LF $ 300.00 $418,500.00 0.00 LF $ 300.00 $- Shade Cover 6.00 EA $ 65,000.00 $390,000.00 4.00 EA $ 65,000.00 $260,000.00 Fencing (tubular steel with concrete mow curb) 1,958.00 LF $ 350.00 $685,300.00 0.00 LF $350.00 $- Pedestrian Gate (6' Single Swing) 3.00 EA $ 3,000.00 $9,000.00 0.00 EA $3,000.00 $- Pedestrian Gate (12' Double Swing) 3.00 EA $ 6,000.00 $18,000.00 0.00 EA $6,000.00 $- Parking Lot Gate (24' Double Swing) 2.00 EA $ 10,000.00 $20,000.00 1.00 EA $ 10,000.00 $10,000.00 Picnic Tables 41.00 EA $ 3,000.00 $123,000.00 10.00 EA $ 3,000.00 $30,000.00 Trash Receptacle 6.00 EA $ 1,200.00 $7,200.00 6.00 EA $ 1,200.00 $7,200.00 Hydration Station 1.00 EA $ 7,500.00 $7,500.00 0.00 EA $7,500.00 $- Bike Rack 1.00 EA $ 1,000.00 $1,000.00 0.00 EA $1,000.00 $- AYSO Storage Shed 1.00 LS $ 5,000.00 $5,000.00 1.00 LS $ 5,000.00 $5,000.00 3" Decomposed Granite (Educ Garden) 4,196.00 SF $ 6.00 $25,176.00 0.00 SF $6.00 $- 3" Decomposed Granite Trail 2,363.00 SF $ 6.00 $14,178.00 0.00 SF $6.00 $- 6" Mow Curb 1,000.00 LF $ 25.00 $25,000.00 0.00 LF $25.00 $- Sub-total $ 2,409,846.00 Sub-total $ 452,168.00
Mobilization & Gen $ 361,476.90 Mobilization & Gen $ -
Contingency $ 481,969.20 Contingency $ -
Total $ 3,253,292.10 Total $ 452,168.00
Initial project Landify proposal
13 Landify ECT Corporation
445 S. Figueroa Street, 31st Floor
Los Angeles, California 90071
Office: +1.213.426.2122
Mobile: +1.323.996.3331
#
Park Name
(Preliminary) Location Park Type Owner Priority Landify Acreage New or Enhancing Description Status 1 Ruben Salazar Park 9115 Balfour St. Active ERUSD High Yes 9.3 New expand Smith Park; multi‐sport complex; picnic area;festival grounds Initial concept designs;phase 1 & 2 costestimates; subject topartnership with Landify;seeking approval fromERUSD 2 San Gabriel
Riverfront Park 9771 Beverly Blvd. Passive SCE Low Yes 17.5 New passive walking trails; nativelandscaping; wildlife habitatrestoration; educationalinterprative signage; bikestop submitted initial packetof intent; awaiting review& response; 3 The PAD Park 5055 Passons Blvd. Hybrid/ Urban City High Yes 0.46 New Convert former bus depot;urban tree canopy; butterflygarden; bike pit stop; flexcommunity space; business incubator; performanceamphatheater; etc.

LACROSD grant toacquire; USHUD grantunderway for phase 1; 4 Alebrije Dog Park 3935 Rosemead Blvd. Dog City High Yes 0.63 New First city dog park; themebased on Mexican/Oaxacanalebrije; enhanced bus and bike stop; etc.

Commencing to phase 1
5 Kruse Property West 9357 Kruse Rd. TBD City High Possible 1.55 New May be used as a park or a water division facility. Recently acquired by city Park Development Matrix
Enclosure 2
14b
6 Kruse Property East 9570 Kruse Rd. TBD Private Medium Possible 2.8 New May be used to expand golf
course; TBD when WNDproject is complete.

Pending grant award toacquire/purchase
7 HWB Back Alley
Paseos
4944 Lindsey Ave. Hybrid/ Urban City Medium No 1.5 New
public open space;
community events; walkingpromenades and plazas;outdoor dining & economicdevelopment; bike paths; artfeatures; etc. submitted Clean CA grant($3.5m); draft RMC grant($1.5m) 8 Marine Corps Base 3551 San Gabriel River Pkwy TBD US Navy Low Yes 4.7 site owned by USDOD;seeking disposition 1st right
New
of refusal; site can be used Working with Rep. Sanchez office to expedite
9 Smith Park Aquatic
Center
6016 Rosemead Blvd. Active City High No 2 Enhancing
for varying alternatives(park, housing, fire station,
etc.)All new pool and pumps;
aquatic community center;pool locker room;
Final design; constructionto commence X?
10 Rio Hondo Spreading
Grounds 8079 Washington Blvd Passive LACo Medium Yes 570 grandstands;passive open space;
multiuse trails; expand bike
network; limited
New infrastructure; wayfinding & Submitted motion request to Sup. Hahn; 11 Pio Pico Park ‐ Trail
Connector
10026 Whitter Blvd. Trail City Medium Yes 0.34
educational signage; native
landscaping; wildlife habitatrestorationtrail connection between PioPico State Historic Park and New San Gabriel River; CA
landscaping; water capture;
12 Arma Park Yes 0.54 NA
13 Beverly Rd. Park
8603 Arma St.
8606 Beverly Rd.

Passive SCE/LADWP LowPassive SCE/LADWP Low Yes 1.2
wayfinding; etc.

New Recently Identified
New Recently Identified NA
To: Mayor and City Council
From: City Manager
Meeting Date: SEPTEMBER 26, 2023
Subject: UNFUNDED CAPITAL IMPROVEMENT PROJECTS
Recommendation:

1. Receive and file the City’s updated listing of Unfunded Capital Improvement Projects (CIPs).

Fiscal Impact:

There is no fiscal impact to the General Fund associated with this action at this time.

Background:

The local government plays a crucial role in creating and maintaining the capital infrastructure necessary for a prosperous community. The City Council has established goals and priorities through the Strategic Plan, which reflects the community's needs and a commitment to maintaining City infrastructure. The City's CIP is critical for planning, construction, management, and maintenance of the City's current infrastructure.

Upgrades to streets, bridges, highways, parks and open spaces, stormwater quality, water production, treatment, and delivery, city buildings and other facilities, Americans with Disabilities Act (ADA) upgrades, and other large-scale capital projects are all part of the City's CIP.

Discussion:

Throughout the year, staff keeps City Council informed on the status of CIP projects. It is important to do so as varying factors change subsequent to the adoption of the City’s Five-Year CIP Plan, which happens in June of each year. The Five-Year Plan includes an up-to-date listing of the unfunded capital projects the City has identified as necessary.

The last listing was presented to City Council in June 2023, and identified $61.2 million in unfunded CIP’s. At the September 12, 2023 City Council meeting, a request was made by Councilmember Garcia, and seconded by Councilmember Camacho, for staff to provide Council an update of the Unfunded CIPs. This report includes the most recent information following the presentation to City Council on June 27, 2023. Below is Table 1, which illustrates the Unfunded CIPs categorized by fiscal year. 15 CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 26, 2023

UNFUNDED CAPITAL IMPROVEMENT PROJECTS

Page 2 of 3 ends

Table 1. Unfunded CIP by Category and Fiscal Year
Since the meeting on June 27, 2023, the staff has made a few adjustments to the schedule. These adjustments are outlined in Table 2 below:
 The prior unfunded schedule included a $6 million shortfall for the Smith Parks Aquatics facility. At the May 9, 2023 City Council meeting, staff obtained approval to designate the $6 million in General Fund Undesignated Fund Balance towards the facility. However, staff would still continue to search for any and all funding opportunities for this funding gap, and strive to not expend these precious and limited General Fund resources;
 At the September 12, 2023 meeting, Councilmember Garcia inquired if the Smith Park Synthetic Turf was included in the unfunded schedule, and if it was sufficiently funded. At the time, the latest estimate we had was $900,000. Staff obtained an updated quote from qualified vendors and have since updated this to an estimated $1.3 million, an increase of $400,000;
 Lastly, at the April 13, 2023 meeting, City Council gave direction to staff to apply for a $2.5 million grant for various improvements at Ruben Salazar Park, a property shared by both the City of Pico Rivera and the El Rancho Unified School District (ERUSD). The grant calls for a match by the City of approximately $2.7 million for the first phase of the park. As no identified matching sources have been identified, staff have included this funding gap in Table 2 below.

Category FY 23-24 FY 24-25 FY 25-26 FY 26-27 FY 27-28 Total ADA Improvements $ 1,350,000 $ 800,000 $ 800,000 $ 800,000 $ 800,000 $ 4,550,000 Facilities Projects $ 1,750,000 $ 120,000 $ 1,870,000
Parks Projects (a) (c ) $ 8,240,000 $ 900,000 $ 500,000 $ 9,640,000 Street Resurfacing (c ) $ 6,162,000 $ 6,300,000 $10,100,000 $ 9,900,000 $ 9,800,000 $42,262,000 Sewer Main Improvements (c ) $ 210,841 $ 447,000 $ 657,841 Traffic Projects (b) $ 188,170 $ 1,987,700 $ 2,175,870
Total $17,712,841 $ 8,120,000 $11,535,170 $13,187,700 $10,600,000 $61,155,711 (a) Include projects proposed by the City Council during the CIP Study Session on April 18, 2023 (b) Include projects resulted from the Local Roadway Safety Plan presented to the City Council on June 13, 2023 (c ) Net of allocations recommended by the City Manager for projects aligned with Measure AB objectives and goals CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 26, 2023

UNFUNDED CAPITAL IMPROVEMENT PROJECTS

Page 3 of 3 ends

Table 2. Unfunded CIP by Category and Fiscal Year (Updated September 2023) Conclusion:

In order for a city to be deemed sustainable, it must be able to sustain its capital infrastructure assets and financial assets in the long term. Therefore, it is essential to regularly evaluate and address any unfunded needs that may arise.

Steve Carmona
SC:AG:NN:smc
Project Name FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 5-Year Total Budget

STREETS
Road Resurfacing Program - Overlay and Reconstruction 6,162,000 $ 6,300,000 10,100,000 9,900,000 9,800,000 42,262,000 PARKS
Smith Park Stadium PA Sound System - 15,000 - - - 15,000 Smith Park Stadium Bleachers Storage Installation - 50,000 - - - 50,000 Rivera Park enhanced safety netting on field - 75,000 - - - 75,000 Rivera Park Sandbox Playground Resurfacing - 100,000 - - - 100,000 Pico Park Playground Resurfacing - 250,000 - - - 250,000 Rivera Park Playground/Surfacing Replacement - - - 500,000 - 500,000 Rivera Park Batting Cage - 600,000 - - - 600,000
Park Exercising Equipment - 900,000 - - - 900,000
Smith Park Stadium Turf Replacement 1,300,000 - - - - 1,300,000 Salazar Park, Phase 1 - - 2,700,000 - - 2,700,000
$ 1,300,000 1,990,000 2,700,000 500,000 - 6,490,000

FACILITIES
Rivera Park Sound Panels - 90,000 - - - 90,000
Golf Course Security Camera System - 100,000 - - - 100,000 Rivera Park Office/Auditorium/Lobby Flooring replacement 120,000 - - - - 120,000 Parks and Recreation Office HVAC - 250,000 - - - 250,000 Pico Park Roof - 310,000 - - - 310,000
Pico Park Outdoor Gymnasium Restroom Renovation - 400,000 - - - 400,000 Pico Park (26) Interior and (36) Exterior Doors - 600,000 - - - 600,000 $ 120,000 1,750,000 $ - $ - $ - $ 1,870,000 $

ADA IMPROVEMENTS
ADA Improvements 800,000 1,100,000 800,000 800,000 800,000 4,300,000 ADA City Hall Ramps, Restrooms and Elevator - Design - 250,000 - - - 250,000 800,000 1,350,000 800,000 800,000 800,000 4,550,000

TRAFFIC
Major Intersection Striping Improvements - - 23,100 160,300 - 183,400 Radar Feedback Speed Warning Signs - - 57,020 476,100 - 533,120 Citywide Signal Timing Improvements - - 108,050 1,351,300 - 1,459,350 - - 188,170 1,987,700 - 2,175,870
SEWERS
Sewer Main Improvements 210,841 - 447,000 - - 657,841
$ 8,520,000 11,462,841 $ 14,235,170 $ 13,187,700 $ 10,600,000 $ 58,005,711 $

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
1/24/2023 Lara/Garcia Safe Pathways to School Discuss with ERUSD Boardmembers
Ad Hoc Committee
2/14/2023 Garcia/Sanchez Establishing Safe Spaces for kids Take to City Council P. Yugar 2/14/2023 8/8/2023 In-Progress 5/9/2023 Camacho/Garcia Commercial Property Maintenance Ord. Take to City Council A. Betancourt 9/12/2023 Garcia/Camacho Smith Park Turf Improvement-Unfunded Project List Take to City Council P. Yugar

GOOD OF THE ORDER

Pico Rivera City CouncilSeptember 26, 2023

Pico Rivera City Council
September 26, 2023