*Commissioners receive a $30.00 stipend per each meeting held and attended. .
Tuesday, October 10, 2023
Regular Meeting 6:00 p.m.
Council Chamber
6615 Passons Boulevard
Next Resolution No. 7299
Next Ordinance No. 1177
Next Agreement No. 23-2243
Successor Agency to PRRA
Next Resolution No. SA-23-28
Next Ordinance No. SA-01
Next Agreement No. S23-006
Housing Assistance Agency
Next Resolution No. HA-108
Next Ordinance No. HA-16
Water Authority
Next Resolution No. 23-37
Next Ordinance No. 23-01
Next Agreement No. 23-76
Public Financing Authority
Next Resolution No. PFA-23-13
ROLL CALL:
Mayor/Chairman/President:
Erik Lutz
Mayor Pro Tempore/Vice Chairman/Vice President:
Andrew C. Lara
Councilmembers/Directors/Commissioners:
Gustavo V. Camacho
John R. Garcia
Dr. Monica Sanchez
COMMISSIONERS SCHEDULED TO BE PRESENT:
Aric Martinez, Planning Commission
Gil Perez, Veterans Commission
INVOCATION:
PLEDGE OF ALLEGIANCE:
SPECIAL PRESENTATION(S):
• Proclamation – Code Enforcement Officer Appreciation week
PLEASE TURN OFF OR SILENCE CELL PHONES WHILE MEETING IS IN SESSION
AND PLEASE REFRAIN FROM TEXTING DURING THE MEETING
**************************************************************************************************** In compliance with the Americans with Disabilities Act of 1990, the City of Pico Rivera is committed to providing reasonable accommodations for a person with a disability. Please call the City Clerk’s office at (562) 801-4389, if special accommodations are necessary and/or if information is needed in an alternative format. Special requests must be made in a reasonable amount of time in order that accommodations can be arranged (within 24 to 48 hours’ notice).
Meeting jointly and regularly with the Pico Rivera Successor Agency to the Pico Rivera Redevelopment Agency (as needed); Pico Rivera *Housing Assistance Agency (as needed); Pico Rivera Water Authority (as needed); and Public Financing Authority (as needed) 10-10-2023 Agenda City Council
PUBLIC COMMENTS:
IF YOU WOULD LIKE TO COMMENT ON ANY LISTED AGENDA ITEMS OR NONAGENDA ITEMS, PLEASE FILL OUT A GREEN PUBLIC COMMENT REQUEST FORM
AND PROVIDE IT TO THE STAFF MEMBER AT THE BACK TABLE BEFORE THE MEETING STARTS.
When you are called to speak, please come forward and state your name and city of residency for the record. You have three (3) minutes to make your remarks. In accordance with Government Code Section 54954.2, members of the City Council may only: 1) respond briefly to statements made or questions posed by the public; 2) ask a question for clarification; 3) provide a reference to staff or other resources for factual information; 4) request staff to report to the City Council at a subsequent meeting concerning any matter raised by the public; and 5) direct staff to place a matter of business on a future agenda.
City Council members cannot comment on items that are not listed on a posted agenda.
CONSENT CALENDAR ITEMS:
All items listed on the Consent Calendar may be acted on by a single motion without separate discussion. Any motion relating to a Resolution or Ordinance shall also waive the reading of the titles in full and include its adoption as appropriate. If discussion or separate vote on any item is desired by a Councilmember or staff, that item may be pulled from the Consent Calendar for separate consideration.
CONSENT CALENDAR:
City Council:
1. Minutes:
• City Council regular meeting September 26, 2023
Recommendation: Approve
2. 5th Warrant Register of the 2023-2024 Fiscal Year. (700) Check Numbers: 292740-292838
Special Check Numbers: None
Recommendation: Approve
3. Caltrans Grant Award for the Rosemead/Lakewood Boulevard Complete Corridor Project. (700)
Recommendation:
1. Approve a resolution authorizing the execution of agreements with the California Department of Transportation;
2. Accept the Grant Award in the amount of $585,334 from the Caltrans Sustainable Transportation Planning Grant Program for the Rosemead/Lakewood Boulevard Complete Corridor Project – Vision Master Plan;
3. Amend the fiscal year (FY) 2023-2024 budget by transferring $30,000 in Landscaping and Lighting District (LLD) (Fund 230) to the General Fund (Fund 100) and then transfer from the General Fund to the Capital Improvement Program Fund (CIP Fund 400). The City intends to utilize 10-10-2023 Agenda City Council
eligible resources in the LLD fund to address the needs of this critical capital project; and
4. Amend the FY 2023-24 budget by appropriating $585,334 in Account No. 699.70.7300-54500-CIP.30059 and $30,000 in Account No. 400.70.7300- 54500-CIP.30059.
Resolution No. _____ A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, AUTHORIZING THE EXECUTION
OF AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION FOR ROSEMEAD/LAKEWOOD BOULEVARD
COMPLETE CORRIDOR PROJECT – VISION MASTER PLAN
4. Contributions to Community Organizations. (700)
Recommendation:
1. Authorize the City Manager to make contributions to not-for-profit community organizations that provide services that support the City’s strategic priorities for an amount not-to-exceed $5,000 annually.
5. Amendment No. 1 to Maintenance Services Agreement with Seacliff Mechanical Services for the Rivera Park Banquet Room Emergency Replacement of Heating, Ventilation, and Air Conditioning (HVAC) Unit(s).
Recommendation: (500)
1. Approve Amendment No. 1 to Maintenance Services Agreement No. 23- 2225 with Seacliff Mechanical Services, to amend the contract in the amount of $12,143 for an amount not-to-exceed $187,201 for the HVAC replacement at 9530 Shade Lane, Rivera Park Banquet Room, which was previously constituted an emergency; and
2. Authorize the City Manager to execute Amendment No. 1 to Maintenance Services Agreement No. 23-2225 in a form approved by the City Attorney.
Agreement No. 23-2225-1
6. Amendment No. 3 to Maintenance Services Agreement with General Building Management Company for Janitorial Services. (500)
Recommendation:
1. Approve Amendment No. 3 to Maintenance Services Agreement No. 19- 1915 with General Building Management Company, amending the contract to an amount not-to-exceed $105,346 and exercising the second one-year optional extension for janitorial services extending the term October 22, 2024; and
2. Authorize the City Manager to execute Amendment No. 3 to Maintenance Services Agreement No. 19-1915 in a form approved by the City Attorney.
Agreement No. 19-1915-3
7. Pico Rivera – Major Corridors Median and Parkway Beautification Project No. 50075, CCL-5351(041) – Award of Contract. (500)
Recommendation:
10-10-2023 Agenda City Council
1. Approve the plans and specifications for the Pico Rivera – Major Corridors Median and Parkway Beautification Project No. 50075, CCL-5351(041);
2. Award a construction contract for a not-to-exceed amount of $6,606,822 to Urban Habitat for the Pico Rivera – Major Corridors Median and Parkway Beautification Project No. 50075, CCL-5351(041) and execute the contract in a form approved by the City Attorney;
3. Authorize the City Manager to process change orders, as needed, in an amount not-to-exceed $650,000 (approximately 10% of the total contract amount) for construction contingency;
4. Appropriate $100,000 from Prop A (Fund 205) to Account No. 205.70.7300.54500-50075;
5. Appropriate $200,000 from Prop C (Fund 206) to Account No. 206.70.7300.54500-50075;
6. Transfer $455,000 from Prop C Funds (Fund 206) from Account No. 206.70.7300.54500-50076 to Account No. No. 206.70.7300.54500-50075;
7. Appropriate $500,000 from Measure R (Fund 207) to Account No. 207.70.7300.54500-50075;
8. Appropriate $100,000 from Measure W (Fund 209) to Account No. 209.70.7300.54500-50075;
9. Transfer $500,000 from the Lighting and Landscape District (Fund 230) to the General Fund (Fund 100) and then transfer from the General Fund to the CIP Fund (Fund 400), and finally appropriate to Account No. 400.70.7300.54500-50075. The City intends to utilize this fund to address the needs of this critical CIP; and
10.Approve the Notice of Exemption (NOE) for the subject project and authorize the City Clerk to file the NOE with the County Recorder, in accordance with the California Environmental Quality Act.
Agreement No. _________
8. Rosemead Boulevard Median and Parkway Beautification Project No. 50076, CCL-5351(042) – Award of Contract. (500)
Recommendation:
1. Approve the plans and specifications for the Rosemead Boulevard Median and Parkway Beautification Project No. 50076; CCL-5351(042);
2. Award a construction contract for a not-to-exceed amount of $4,025,413 to Urban Habitat for the Rosemead Boulevard Median and Parkway Beautification Project No. 50076, CCL-5351(042) and execute the contract in a form approved by the City Attorney;
3. Authorize the City Manager to process change orders, as needed, in an amount not-to-exceed $550,000 (approximately 13% of the total contract amount) for construction contingency;
4. Amend the fiscal year (FY) 2023-24 adopted budget by appropriating $155,000 from Prop A (Fund 205) to Account No. 205.70.7300.54500- 50076;
5. Amend the FY 2023-24 adopted budget by appropriating $200,000 in Measure W (Fund 209) to Account No. 209.70.7300.54500-50076; and 10-10-2023 Agenda City Council
6. Approve the Notice of Exemption (NOE) for the subject project and authorize the City Clerk to file the NOE with the County Recorder, in accordance with the California Environmental Quality Act.
Agreement No. ________
9. Award Construction Contract to MBC Enterprise, Inc. – Teen Center Renovation Project (CIP No. 50100). (500)
Recommendation:
1. Award a construction contract for a not-to-exceed amount of $799,115 to MBC Enterprises, Inc. for the Teen Center Renovation Project, CIP No. 50100; 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 $79,912 for construction contingencies;
3. Authorize the transfer of $200,000 from the General Fund designated balance for the Teen Center Project to the Capital Improvement Program (CIP) Fund and the appropriation of $200,000 to the Teen Center Renovation Construction Project;
4. Authorize the transfer of $242,088 from the Teen Center Renovation Design Project to the Teen Center Renovation Construction Project;
5. Approve an amendment to fiscal year 2023-24 Annual Action Plan in the amount of $28,211 from the Teen Center Renovation Design Project for a total of $348,812 of Community Development Block Grant funds allocated for the Teen Center Renovation Construction Project; and
6. Authorize the transfer of $161,789 from the General Fund designated fund balance of $6,000,000 for the Smith Park Aquatic Center to the CIP Fund and the appropriation of $161,789 to the Teen Center Renovation Construction Project.
Agreement No. ________
CONSENT CALENDAR ITEMS PULLED FOR FURTHER DISCUSSION
REGULAR AGENDA: None
CITY MANAGER/STAFF REPORTS
GOOD OF THE ORDER (INTERGOVERNMENTAL AGENCY MEETINGS, AB 1234
REPORTS, NEW BUSINESS, OLD BUSINESS)
CLOSED SESSION: None
ADJOURNMENT:
10-10-2023 Agenda City Council
AFFIDAVIT OF POSTING
I, Cynthia Ayala, City Clerk, for the City of Pico Rivera, DO HEREBY CERTIFY, under penalty of perjury under the laws of the State of California, that the foregoing notice was posted at the Pico Rivera City Hall bulletin board, Pico Rivera website www.pico-rivera.org, Pico Rivera Post Office and Parks: Smith, Pico and Rivera which are available for the public to view on this 5th, day of October 2023.
Dated this 5th, day of October 2023.
Cynthia Ayala, CMC
City Clerk
SB343 NOTICE
In compliance with and pursuant to the provisions of SB343 any public writing distributed by the City Clerk to at least a majority of the City Council Members regarding any item on this regular meeting agenda will be available on the City’s website.
STATEMENT REGARDING DECORUM AT CITY COUNCIL MEETINGS
If you wish to speak at the time set aside for public comments, the City Council has established the following standards and Rules of Decorum as allowed by State law. • Public comment is limited to those portions of the meeting referred to as Public Comments. These portions are intended for members of the public to address the City Council, Successor Agency, Housing Assistance Agency or Water Authority on matters related to agendas or any other items under the subject matter jurisdiction of the City Council or Agencies. Please fill out the desired color-coded card prior to the start of the meeting at 6:00 p.m. Once the meeting has begun, no further cards will be accepted. • A yellow Public Hearing Comment Request card must be completed to speak during a Public Hearing.
• A green Public Comment Request – Card is for those wishing to address the Council/Agency on agenda items or any other items under the subject jurisdiction of the City Council/Agency.
• Citizens may address the Council, Successor Agency or Housing Assistance Agency once for a maximum of three minutes. After each speaker returns to his/her seat, the Mayor shall determine the time and manner of response, but typically if answers are available, they will be given after all speakers have had an opportunity to address the City Council.
• Members of the audience are asked to refrain from clapping or otherwise speaking from their seats. Those not meeting the standards for decorum may be escorted from the meeting.
RULES OF DECORUM CAN BE FOUND IN THE PICO RIVERA MUNICIPAL CODE SECTION
2.08.050 AS ESTABLISHED BY ORDINANCE 783 ADOPTED ON AUGUST 20, 1990 AND AMENDED BY ORDINANCES 822 (SEPTEMBER 21, 1992) AND 1020 (MARCH 21, 2006).
Tuesday, September 26, 2023
A Regular Meeting of the City Council was held in the Council Chamber, Pico Rivera City Hall, 6615 Passons Boulevard, Pico Rivera, California.
Mayor Lutz called the regular meeting to order at 6:02 p.m. on behalf of the City Council.
PRESENT: Camacho, Garcia, Lara, Sanchez, Lutz
ABSENT: None
*Councilmember Dr. Sanchez arrived at 6:21 p.m.
COMMISSIONERS PRESENT:
• Kimberly Garcia, Parks & Recreation Commission
• Gil Perez, Veterans Commission
INVOCATION: Delivered by Commissioner Perez
PLEDGE OF ALLEGIANCE: Led by Commissioner Garcia
SPECIAL PRESENTATION(S):
• Rio Hondo College Presentation
Rio Hondo College President Dr. Marilyn Flores, Ph.D. and Board of Trustees for Area 2 member Vicky Santana provided a brief PowerPoint presentation which included an introduction of the members of the Rio Hondo Board of trustees, Rio Hondo College’s 2022-2023 accomplishments, courses held at the Rio Hondo Educational Center in Pico Rivera, and recognized the City of Pico Rivera for its continued support. President Dr.
Flores also addressed several important topics during the discussion, including the college’s increase in transfer rates, the transfer program, the various degrees and certificates offered, the introduction of the first Bachelor’s degree in Auto Tech, the admission requirements, the tuition-free program for the first two years, and the resources available to assist students with book fees.
PUBLIC HEARING: None
PUBLIC COMMENTS:
Lauren Talbott, Pico Rivera Library Manager:
• Addressed the City Council regarding library updates and upcoming events for the month of October.
CONSENT CALENDAR ITEMS:
1 9-26-23.CityCouncilMinutes
City Council:
1. Minutes:
• Approved City Council regular meeting of September 12, 2023 • Received and filed the Parks & Recreation regular meeting of August 10, 2023
2. Approved 4th Warrant Register of the 2023-2024 Fiscal Year. (700) Check Numbers: 292650-292739
Special Check Numbers: None
3. Second Reading – Adopt Ordinance No. 1175 Amending Section 2.55.040, Meetings – Time and Place, to Chapter 2.55 of Title 2 of the Pico Rivera Municipal Code. (300)
1. Adopted Ordinance No. 1175 amending Section 2.55.040, Meetings – Time and Place, to Chapter 2.55, Veterans Commission, of Title 2, Administration and Personnel, of the Pico Rivera Municipal Code.
Ordinance No. 1175 AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, AMENDING PROVISIONS OF CHAPTER 2.55 TO TITLE 2, ADMINISTRATION AND PERSONNEL, OF
THE PICO RIVERA MUNICIPAL CODE RELATING TO VETERANS
COMMISSION (SECOND READING AND ADOPTION)
4. Second Reading – Adopt Ordinance No. 1176 Amending Section 2.54.020, Membership-Term, to Chapter 2.54, Sister City Commission, of Title 2 of the Pico Rivera Municipal Code. (300)
1. Adopted Ordinance No. 1176 amending Section 2.54.020, MembershipTerm, to Chapter 2.54, Sister City Commission, of Title 2, Administration and Personnel, of the Pico Rivera Municipal Code.
Ordinance No. 1176 AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PICO RIVERA, CALIFORNIA, AMENDING PROVISIONS OF CHAPTER 2.54 TO TITLE 2, ADMINISTRATION AND PERSONNEL, OF
THE PICO RIVERA MUNICIPAL CODE RELATING TO THE SISTER
CITY COMMISSION (SECOND READING AND ADOPTION)
5. Pico Rivera Innovative Municipal Energy Power Content Label and Attestation for the Year 2022. (1100)
1. Approved the attestation endorsing the accuracy of the Annual Report and Power Content Label (PCL) to meet California’s Power Source Disclosure Program requirements.
6. Treasurer’s Monthly Investment Transaction Report as of August 31, 2023. (700)
1. Received and filed the Treasurer’s Monthly Investment Transaction Report as of August 31, 2023.
9-26-23.CityCouncilMinutes
7. Approve Amendment No. 3 to Agreement No. 18.1825 with Mariposa Landscape, Inc. to Modify Agreement Compensation and Extend Routine Landscape Maintenance Services on a Month-to-Month Basis for Six Months. (500)
1. Approved Amendment No. 3 to Agreement No. 18-1825 with Mariposa Landscapes, Inc. 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 months maximum and $61,500 ($20,475 per month) for services rendered from July through September 2023; and
2. Authorized the City Manager to execute the amendment in a form approved by the City Attorney.
Agreement No. 18-1825-3
8. City Branding, Signage & Furniture Master Plan – Award a Professional Services Agreement. (500)
1. Awarded a Professional Services Agreement with Selbert Perkins Design 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. Approved an appropriation of $220,000 in Public Image Enhancement (PIE) Funds to Account No. 220.11.1110-54500;
3. Approved an appropriation of $45,500 in Water Authority Funds to Account No. 550.11.1110-54500; and
4. Approved an appropriation of $84,500 in PRIME Funds to Account No. 560.11.1110-54500.
Agreement No. 23-2240
9. Senior Center Restrooms ADA Improvement Project (CIP No. 50036) – Award Construction Contract to Global Builders, Inc. (500)
1. Awarded 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 No. 50036; and authorized the City Manager to execute the contract in a form approved by the City Attorney;
2. Authorized 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. Appropriated $22,177 from the anticipated fiscal year 2022-23 General Fund surplus to CIP Fund (Account No. 400.70.7310-54500-CIP50036);
4. Transferred $22,177 from the CIP Fund to the Senior Center ADA Restroom Improvement Project (Account No. 400.770.7310-54500- CIP50036); and
5. Authorized the Administrative Services Department to increase Purchase Order No. 2024-11 to 1st Jon, Inc. in the amount of $25,000, for a total PO amount not-to-exceed $75,000 – to cover the cost of portable restrooms needed to complete this project.
9-26-23.CityCouncilMinutes
Agreement No. 23-2241
10. Annual Sidewalk Improvements Project (CIP No. 50080) – Notice of Completion. (500)
1. Accepted the work as completed for the Annual Sidewalk Improvements Project, CIP No. 50080 constructed by Addison-Miller, Inc. and authorized the City Clerk to file the Notice of Completion with the Los Angeles County Registrar-Recorder; and
2. Authorized the City Manager to release the retention payment to AddisonMiller, Inc. following the mandatory waiting period from the date the Notice of Completion is recorded.
11. Vehicle Replacement – Purchase of Six Trucks for the Public Works Department. (700)
1. Authorized the purchase of six 2023 Ford F-250, 2-wheel drive, regular cab pick-up trucks in the aggregate amount of $311,172 from Rush Truck Center by the way of National Cooperative Purchasing Alliance Contract No. 05-47 for heavy equipment, diesel trucks, bus parts, and related services; and
2. Authorized the City Manager to execute all documents related to the purchase of the recommended vehicles.
Water Authority:
12. Minutes:
• Approved the Water Authority regular meeting of June 13, 2023 & special meeting of August 22, 2023
13. Approve an Agreement with Ferguson Waterworks for a 5-Year Subscription of Neptune 360 Saas Software for the Advanced Metering Infrastructure. (500)
1. Approved an agreement between Pico Rivera Water Authority and Ferguson Waterworks for an annual subscription to Neptune 360 Saas Platform for the Advanced Metering Infrastructure for the annual amount of $30,000 and a not-to-exceed amount of $156,121 for the total of five years which includes a 2% increase each year; and
2. Authorized the Executive Director to execute the agreement in a form approved by the General Counsel.
Agreement No. 23-75
Motion by Councilmember/Commissioner Garcia, seconded by Councilmember/Commissioner Camacho to approve Consent Calendar Item Nos. 1 through 13. Motion carries by the following roll call vote:
AYES: Camacho, Garcia, Lara, Sanchez, Lutz
NOES: None
9-26-23.CityCouncilMinutes
CONSENT CALENDAR ITEMS PULLED FOR FURTHER CLARIFICATION: None REGULAR AGENDA:
14. Approve a Memorandum of Understanding with Landify Ect Corporation for Park Development Projects (500)
Motion by Councilmember Dr. Sanchez, seconded by Councilmember Garcia to authorize the City Manager to execute a Memorandum of Understanding between the City of Pico Rivera and Landify Ect regarding the development of new and existing parks throughout the City. Motion carries by the following roll call vote:
AYES: Camacho, Garcia, Lara, Sanchez, Lutz
NOES: None
15. Unfunded Capital Improvement Projects. (700)
Public Works Director Negrete and Assistant City Manager Garcia provided an update on the Capital Improvement Plan including a comprehensive overview of the ongoing, completed and unfunded/underfunded projects, a breakdown of the 28.7 million dollars spent in FY 2022-23 on 53 projects, the $5.3 million in completed projects in FY 2022- 23 on seven projects, the priority projects for FY 2023-24, the challenges in the construction industry, a summary of the unfunded projects, a listing of the facilities and park projects unfunded by fiscal year and an update on previous unfunded projects.
In addition, the City Council discussed the importance of allowing staff to focus and complete the projects on the priority list including, daily street repair requests procedures, the pavement management system, increase of requests due to weather, status of the Rio Vista lights project, and the batting cages project at Rivera Park.
Furthermore, they emphasized the significance of giving priority to the projects that impact the safety of the community, stressed the need to incorporate maintenance costs into the overall project expenses, and addressed the challenging barriers during the construction process.
Motion by Councilmember Dr. Sanchez, seconded by Councilmember Garcia to receive and file the City’s updated listing of unfunded Capital Improvement Projects. Motion carries by the following roll call vote:
AYES: Camacho, Garcia, Lara, Sanchez, Lutz
NOES: None
CITY MANAGER/STAFF REPORTS: None
GOOD OF THE ORDER (INTERGOVERNMENTAL AGENCY MEETINGS, AB 1234 REPORTS, NEW BUSINESS, OLD BUSINESS):
Councilmember Garcia reported on his attendance at the Grant Opening for Topline Nails.
9-26-23.CityCouncilMinutes
Councilmember Dr. Sanchez reported on her participation in the Emergency Preparedness and Management Summit organized by Naleo, mentioned the upcoming Pico Rivera Chamber of Commerce Masquerade Casino Night and suggested reestablishing the Community Services Ad Hoc Committee with the El Rancho Unified School District.
Mayor Pro Tem Lara commented on the Pico Rivera Regional Bikeway Project community meeting, the Free Food Drive-Thru Giveaway at the Pico Rivera Sports Arena, the City of Montebello’s Mental Health Consortium Program in collaboration with the Mental Health provider. He also acknowledged the Pico Rivera Sheriff’s station on a recent response to a call regarding a mental health crisis.
Councilmember Camacho reported on his attendance at an Emergency Preparedness and Management Summit hosted by Naleo.
The City Council commented on the El Grito de Independencia event that took place on Friday, September 15th.
Mayor Lutz reported on his attendance at a Los Angeles County Sanitation District meeting and re-established the Community Service Ad-Hoc Committee, appointing himself and Councilmember Dr. Sanchez to the committee. *Mayor Lutz left the meeting at 7:18 p.m.
Recessed to Closed Session at 7:18 p.m.
ALL FOUR CITY COUNCIL MEMBERS WERE PRESENT
Reconvened from Closed Session at 7:36 p.m.
ALL FOUR CITY COUNCIL MEMBERS WERE PRESENT
CLOSED SESSION(S):
a. CONFERENCE WITH LEGAL COUNSEL – EXISITING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
Pico Water District vs City of Pico Rivera
Los Angeles County Superior Court Case No. 22NWCV00967
City Attorney Alvarez-Glasman stated that direction was provided to the City Attorney’s office. No final action was taken and there was nothing further to report.
ADJOURNMENT:
Mayor Pro Tem/Vice President Lara adjourned the City Council and Water Authority meeting at 7:37 p.m. There being no objection it was so ordered. 9-26-23.CityCouncilMinutes
AYES: Camacho, Garcia, Lara, Sanchez
NOES: None
ABSENT: Lutz
______________________________________
Erik Lutz, Mayor/President
ATTEST:
_______________________________
Cynthia Ayala, CMC, City Clerk/Authority Secretary
I hereby certify that the foregoing is a true and correct report of the proceedings of the City Council regular meeting dated September 26, 2023 and approved by the City Council on October 10, 2023.
________________________________
Cynthia Ayala, CMC, City Clerk/Authority Secretary
MEETING DATE: 10/10/2023
CHECK DATE STARTING ENDING AMOUNT
CHECK NUMBERS: 09/19/23-09/28/23 292740 292838 $ 2,386,116.28 ACH NUMBERS: 09/01/23-09/28/23 12559 12636 $ 670,779.88 SPECIAL CHECKS/EFT:
VOIDED CHECKS/EFT:
PRE-NOTE
TOTAL REGISTER AMOUNT: $ 3,056,896.16
5th WARRANT REGISTER OF THE 2023 - 2024 FISCAL YEAR
2 Number Date Description Amount
292740 09/20/2023 09/26/2023 $136.03
Invoice Amount
109401 $136.03
292741 09/20/2023 09/25/2023 $2,240.00
Invoice Amount
0012396 $2,240.00
292742 09/20/2023 $1,107.32
Invoice Amount
1184148 $1,107.32
292743 09/20/2023 $30,867.57
Invoice Amount
2023-07-20790 $30,867.57
292744 09/20/2023 $799.31
Invoice Amount
10371-23 $799.31
292745 09/20/2023 $300.00
Invoice Amount
0923TUPREFUND-MA $300.00
292746 09/20/2023 $385.75
Invoice Amount
INV-900931 $385.75
292747 09/20/2023 09/26/2023 $395.00
Invoice Amount
483472 $395.00
292748 09/20/2023 $1,750.00
SVC CALL
Accounts Payable CliftonLarsonAllen LLP
SMALL TOOLS & SUPPLIES
Accounts Payable Cableguys Corporation
Description
REIMBURSE PL TUP #2023-1777, POP-UP MARKET AT 9155 TELEGRAPH RD Accounts Payable Bishop Company
Description
FIESTAS PATRIAS FLYERS
Accounts Payable AVENDANO, MARTHA
Description
LEGAL SVCS JULY 2023
Accounts Payable American Marker
Description
SMALL TOOLS & EQUIPMENT
Accounts Payable Alvarez-Glasman & Colvin
Description
PROFESSIONAL SVCS 7/3/23-7/28/23, PLANT 3 ELECTRICAL SWITCHBOARD Accounts Payable Alan's Lawnmower & Garden Center
Description
City of Pico Rivera
AP Warrant Register
From Payment Date: 9/01/2023 - To Payment Date: 9/28/2023 Source Payee Name
COMMUNITY GARDENS RESTROOM 8/29/23-9/25/23
Accounts Payable AKM CONSULTING ENGINEERS INC
Description
CBC GenOpe - CBC General Operating
Check
Accounts Payable 1st Jon Inc
Description
user: Georgina Ortiz Pages: 1 of 24 Thursday, September 28, 2023 Number Date Description Amount
City of Pico Rivera
AP Warrant Register
From Payment Date: 9/01/2023 - To Payment Date: 9/28/2023 Source Payee Name
Invoice Amount
3868417 $1,750.00
292749 09/20/2023 09/26/2023 $9,000.00
Invoice Amount
1744-278358 $9,000.00
292750 09/20/2023 $34,552.24
Invoice Amount
23-025 $34,552.24
292751 09/20/2023 $15.00
Invoice Amount
838593 $15.00
292752 09/20/2023 09/25/2023 $2,725.16
Invoice Amount
RE-PW23091101557 $2,612.44
RE-PW23050806328 $112.72
292753 09/20/2023 09/25/2023 $787.92
Invoice Amount
24-005 $787.92
292754 09/20/2023 09/25/2023 $384.00
Invoice Amount
0SUM23 9-11 $384.00
292755 09/20/2023 09/25/2023 $41.26
Invoice Amount
8-242-45500 $41.26
292756 09/20/2023 $8,529.07
Invoice Amount
230734 $8,529.07
Description
DIAL-A-TAXI JULY 2023
Description
DELIVERY CHARGES-FINANCE DEPT.
Accounts Payable Fiesta Cooperative Inc.
Description
ASSIGNORS FEE FOR SUMMER 2023
Accounts Payable FEDERAL EXPRESS
Description
FIREWORKS SPECTACULAR EL RANCHO HIGH CUSTODIAL USAGE
Accounts Payable Elisaldez , Louie
TRAFFIC SIGNAL MAINTENANCE THROUGH AUGUST 2023
TRAFFIC SIGNAL MAINTENANCE THROUGH APRIL 2023
Accounts Payable El Rancho Unified School District
MARIACHI CONCERT REFUND-UNABLE TO ATTEND
Accounts Payable County of Los Angeles Dept of Public Works Description
DESIGN SVCS, SCADA PFAS
Accounts Payable CORDOVA, ALFRED
Description
CONSULTING SVCS AUGUST 2023
Accounts Payable Control Automation Design, Inc
Description
FY 23-24 Annual Audit Services
Accounts Payable COLLIERS INTERNATIONAL GREATER LOS ANGELES Description INC
Description
user: Georgina Ortiz Pages: 2 of 24 Thursday, September 28, 2023 Number Date Description Amount
City of Pico Rivera
AP Warrant Register
From Payment Date: 9/01/2023 - To Payment Date: 9/28/2023 Source Payee Name
292757 09/20/2023 $15.00
Invoice Amount
838572 $15.00
292758 09/20/2023 09/21/2023 $76.75
Invoice Amount
0923REIMFILEFEE $76.75
292759 09/20/2023 09/26/2023 $223.82
Invoice Amount
147052 $223.82
292760 09/20/2023 $2,336.15
Invoice Amount
SIN031157-A $224.15
SIN031157-B $2,112.00
292761 09/20/2023 $16,255.00
Invoice Amount
1723 $16,255.00
292762 09/20/2023 $4,218.30
Invoice Amount
59951 $981.00
59952 $959.20
60231 $926.50
60399 $1,351.60
292763 09/20/2023 $7,480.20
Invoice Amount
374309 $7,480.20
292764 09/20/2023 09/25/2023 $1,131,734.70
Invoice Amount
Accounts Payable LA County Sheriffs Department
Description
Accounts Payable Jacks Candy
Description
HALLOWEEN SPOOKTACULAR CANDY
OEG TRIP TO THE PORTOFINO HOTEL 260 8/1/23
TRIP TO WHITTIER AQUATIC CENTER 8/1/23
TRIP TO GETTY CENTER 8/26/23
Accounts Payable Inland Empire Stages, LTD
Description
OEG TRIP TO BOLSA CHICA CONSERVANCY 7/15/23
Accounts Payable Infinity Technologies
Description
ON CALL IT MANAGEMENT AUGUST 2023
Description
AUDIT SVCS-SALES TAX JULY-SEPT. 2023, Q1
CONTRACT SVCS-SALES TAX JULY-SEPT. 2023, Q1
Description
BARRICADE LIGHTING EQUIPMENT
Accounts Payable Hinderliter, De Llamas & Associates
Description
CEQA FILING FEE FOR KRUSE PROPERTY, NORWALK COURTHOUSE
Accounts Payable Hi-Way Safety Inc.
Description
MARIACHI CONCERT REFUND-UNABLE TO ATTEND
Accounts Payable HERNANDEZ, NATALIE
Accounts Payable HERNANDEZ, EMELDA
user: Georgina Ortiz Pages: 3 of 24 Thursday, September 28, 2023 Number Date Description Amount
City of Pico Rivera
AP Warrant Register
From Payment Date: 9/01/2023 - To Payment Date: 9/28/2023 Source Payee Name
240364VL $185.98
240341EC $1,131,548.72
292765 09/20/2023 09/26/2023 $522.00
Invoice Amount
250168 $261.00
249494 $261.00
292766 09/20/2023 09/26/2023 $862.50
Invoice Amount
23825A $862.50
292767 09/20/2023 $32.00
Invoice Amount
838531 $32.00
292768 09/20/2023 09/25/2023 $1,680.00
Invoice Amount
2012 $1,680.00
292769 09/20/2023 $2,437.50
Invoice Amount
083123MULTIGRANT $2,437.50
292770 09/20/2023 $679.15
Invoice Amount
198940 $44.44
199004 $188.32
199770 $446.39
292771 09/20/2023 09/26/2023 $7,500.00
Invoice Amount
200 $7,500.00
292772 09/20/2023 09/25/2023 $490.00
CONSULTING SVCS AUGUST 2023
Accounts Payable On The Go DJ Pro, Inc
MECHANIC SHOP SUPPLIES
Accounts Payable Ollin Strategies
Description
Description
MECHANIC SHOP SUPPLIES
MECHANIC SHOP SUPPLIES
Description
GRANT WRITING ASSIST KRUSE SMITH&PICO PK RUBEN SALAZAR PIO PICO Accounts Payable Napa Auto Parts
Description
PUBLIC RELATIONS AND MEDIA SVCS AUGUST 2023
Accounts Payable Nancy Matthews
Description
REFUND FOR ZUMBA
Accounts Payable Milagro Media Strategies
Description
STREET FEST EVENT OPERATIONS SURVEY CONSULTING 8/25/23
Accounts Payable MARTINEZ NARANJO, DIANA
PROFESSIONAL SVCS THROUGH 8/31/23
PROFESSIONAL SVCS THROUGH 8/31/23
Accounts Payable M ONE CONSULTING PRODUCTION MANAGEMENT SHERIFF SVCS AUGUST 2023
Accounts Payable Liebert Cassidy Whitmore
Description
PRISONER MAINTENANCE JULY 2023
user: Georgina Ortiz Pages: 4 of 24 Thursday, September 28, 2023 Number Date Description Amount
City of Pico Rivera
AP Warrant Register
From Payment Date: 9/01/2023 - To Payment Date: 9/28/2023 Source Payee Name
Invoice Amount
1268594 $490.00
292773 09/20/2023 09/21/2023 $180.00
Invoice Amount
1250 $180.00
292774 09/20/2023 $4,000.00
Invoice Amount
08092023SPPE1A $4,000.00
292775 09/20/2023 09/21/2023 $109.13
Invoice Amount
2023PETCASRE0823 $109.13
292776 09/20/2023 09/26/2023 $644.21
Invoice Amount
60432460 $644.21
292777 09/20/2023 09/26/2023 $20.00
Invoice Amount
3464 $20.00
292778 09/20/2023 $1,141.80
Invoice Amount
6173 $1,141.80
292779 09/20/2023 $160.00
Invoice Amount
679361 $160.00
292780 09/20/2023 09/25/2023 $4,475.80
Invoice Amount
20230498 $594.25
20230497 $3,881.55
BUDGET IN BRIEFS BROCHURES
ADOPTED BUDGET BOOK PRINTING
PRE-EMPLOYMENT LIVE SCANS AUGUST 2023
Accounts Payable Studio Printing Inc.
Description
SUMMER LUNCH PROGRAM AUGUST, PICO PARK
Accounts Payable State of California Dept of Justice
Description
TIRE REPAIR #125
Accounts Payable School Nutrition Plus
Description
RENTAL & MAINTENANCE 10/1/23-12/31/23
Accounts Payable Salgado Tire Service
Description
REPLENISH PETTY CASH AUGUST 2023
Accounts Payable Quadient, Inc.
Description
FIESTAS PATRIAS, ADDITIONAL SOUND EQUIPMENT 9/16/23
Accounts Payable PETTY CASH
Description
BALLOON DECOR FOR SENIOR CENTER MARIACHI CONCERT 9/21/23 Accounts Payable Passage Entertainment
Description
SENIOR CENTER EVENT PHOTO BOOTH 9/21/23
Accounts Payable Ortiz, Nayleen
Description
Description
user: Georgina Ortiz Pages: 5 of 24 Thursday, September 28, 2023 Number Date Description Amount
City of Pico Rivera
AP Warrant Register
From Payment Date: 9/01/2023 - To Payment Date: 9/28/2023 Source Payee Name
292781 09/20/2023 09/26/2023 $175.00
Invoice Amount
RG 3461508 $175.00
292782 09/20/2023 09/22/2023 $10,000.00
Invoice Amount
2023-00008 $10,000.00
292783 09/20/2023 $5,454.00
Invoice Amount
CINV-030476 $1,818.00
CINV-031143 $1,818.00
CINV-031594 $1,818.00
292784 09/20/2023 $1,300.00
Invoice Amount
23-035 $1,300.00
292785 09/20/2023 $2,094.75
Invoice Amount
9/15/2023 $2,094.75
292786 09/27/2023 $75.00
Invoice Amount
COMSTP091423-GA $75.00
292787 09/27/2023 09/27/2023 $1,775.03
Invoice Amount
691404 $1,775.03
292788 09/27/2023 $236.21
Invoice Amount
234100500844 DISHWASHER MAINTENANCE SEPTEMBER 2023 $236.21 LEGAL SVCS AUGUST 2023
Accounts Payable Auto-Chlor System
Description
COMMISSIONER STIPEND FOR MEETING 09/14/23
Accounts Payable Atkinson, Andelson, Loya, Ruud & Romo
Description
FIESTAS PATRIAS STAFF LUNCH
Accounts Payable AGUIRRE, GLORIA, E.
Description
FIESTAS PATRIAS LUCHA LIBRE SOUND AND CAMERA 9/15/23
Accounts Payable Zapien's Restaurant Group, Inc.
Description
2023 ACA SEPTEMBER PAYMENT
Accounts Payable VCS Sound Lighting
Description
Description
2023 ACA JULY PAYMENT
2023 ACA AUGUST PAYMENT
Description
PROFESSIONAL SVCS AUGUST/SEPTEMBER GOVERNMENT RELATIONS RETAINER Accounts Payable TRUSAIC
Description
SENIOR CENTER MOVIE LIC. FEE, BOOK CLUB- NEXT CHAPTER
Accounts Payable The Native Generations Group, LLC
Accounts Payable Swank Motion Pictures Inc
user: Georgina Ortiz Pages: 6 of 24 Thursday, September 28, 2023 Number Date Description Amount
City of Pico Rivera
AP Warrant Register
From Payment Date: 9/01/2023 - To Payment Date: 9/28/2023 Source Payee Name
292789 09/27/2023 $47,642.50
Invoice Amount
3 FINAL $50,150.00
3 FINAL-A ($2,507.50)
292790 09/27/2023 $393.98
Invoice Amount
00625 $393.98
292791 09/27/2023 $402,823.59
Invoice Amount
9-2023 $424,024.83
9-2023-A ($21,201.24)
292792 09/27/2023 $1,605.99
Invoice Amount
9-21-23-03 $1,605.99
292793 09/27/2023 $157.00
Invoice Amount
79105 $157.00
292794 09/27/2023 $272,801.00
Invoice Amount
236858 $217,071.00
236859 $55,730.00
292795 09/27/2023 $17,160.00
Invoice Amount
23-030 $4,680.00
23-029 $12,480.00
292796 09/27/2023 $906.27
Invoice Amount
240160 $906.27
Description
GOPHER ABATEMENT FOR CITY PARKS, 7/24/23
SVCS TO WELL #5
SVCS TO PLANT #3
Accounts Payable County of LA, Agricultural Comm, Weights & Measure SEAACA LICENSE CANVASSING FY 23/24
Accounts Payable Control Automation Design, Inc
Description
Accounts Payable City of Downey
Description
ANIMASEAACA CONTROL & SHELTERING SVCS FY 23/24 2ND INSTALLMENT Accounts Payable Certifix Live Scan
Description
PRE-EMPLOYMENT LIVE SCANS 8/9/23-8/25/23
Accounts Payable Catering by Herach & Ara
Description
CATERING SVCS FOR SENIOR CENTER EVENT 9/21/23
Description
PROFESSIONAL SVCS JULY 2023, WHITTIER OVERLAY PROJECT
PROFESSIONAL SVCS JULY 2023, WHITTIER OVERLAY PROJECT
Description
SUPPLIES
Accounts Payable C.S. Legacy Construction, Inc.
PROFESSIONAL SVCS 6/1/23-8/31/23, PLANT 3 ELECTRICAL SWITCHBOARD PROFESSIONAL SVCS 6/1/23-8/31/23, PLANT 3 ELECTRICAL SWITCHBOARD Accounts Payable Broadway Lock and Key
Accounts Payable Big Sky Electric, Inc.
Description
user: Georgina Ortiz Pages: 7 of 24 Thursday, September 28, 2023 Number Date Description Amount
City of Pico Rivera
AP Warrant Register
From Payment Date: 9/01/2023 - To Payment Date: 9/28/2023 Source Payee Name
292797 09/27/2023 $704.13
Invoice Amount
RE-PW23091101192 $704.13
292798 09/27/2023 $101,086.00
Invoice Amount
2308-070 $101,086.00
292799 09/27/2023 $599.28
Invoice Amount
200483803 $599.28
292800 09/27/2023 $8.33
Invoice Amount
GA432867 $8.33
292801 09/27/2023 $6,427.00
Invoice Amount
2023-23-021 $6,427.00
292802 09/27/2023 $75.00
Invoice Amount
COMSTP091423-RE $75.00
292803 09/27/2023 $930.73
Invoice Amount
20471909 $930.73
292804 09/27/2023 $4,454.86
Invoice Amount
246426 $3,406.93
246425 $1,047.93
292805 09/27/2023 Accounts Payable JIMENEZ, ELICED $40.00 Description
POSTAGE AUGUST 2023
MAIL PREP SVCS AUGUST 2023
Description
SUPPLIES
Accounts Payable InfoSend, Inc
Description
COMMISSIONER STIPEND FOR MEETING 9/14/23
Accounts Payable Ewing Irrigation Products Inc
Description
MEMBERSHIP FY 2023-24
Accounts Payable ESTRADA SANTOS, ROCIO
Description
OPERATE & MAINTAIN DRAIN AND OVERFLOW WATER PIPELINE SEPT. 2023 Accounts Payable Disaster Management Area E
Description
TIRE REPLACEMENT
Accounts Payable Department of Water and Power
Description
PROFESSIONAL SVCS THROUGH 8/31/23, SMITH PARK AQUATIC
Accounts Payable Daniels Tire Service
Description
TS MONITORING KITS THROUGH AUGUST 2023
Accounts Payable DAHLIN GROUP, INC
Accounts Payable County of Los Angeles Dept of Public Works user: Georgina Ortiz Pages: 8 of 24 Thursday, September 28, 2023 Number Date Description Amount
City of Pico Rivera
AP Warrant Register
From Payment Date: 9/01/2023 - To Payment Date: 9/28/2023 Source Payee Name
Invoice Amount
837770 $40.00
292806 09/27/2023 $16,128.69
Invoice Amount
240506EC $16,128.69
292807 09/27/2023 $2,524.00
Invoice Amount
IN0429222 $2,524.00
292808 09/27/2023 $1,725.00
Invoice Amount
5 09/21/23 $575.00
5 10/04/23 $1,150.00
292809 09/27/2023 $75.00
Invoice Amount
COMSTP091423-VM $75.00
292810 09/27/2023 $9,115.64
Invoice Amount
0082577 $9,115.64
292811 09/27/2023 $692.37
Invoice Amount
51075566 $692.37
292812 09/27/2023 $7,500.00
Invoice Amount
211 $7,500.00
292813 09/27/2023 $180.00
Invoice Amount
1251 BALLOON DECOR FOR SENIOR CENTER TACO DAY EVENT 10/4/23 $180.00 CONSULTING SVCS SEPTEMBER 2023
Accounts Payable Ortiz, Nayleen
Description
WEED ABATEMENT MATERIALS
Accounts Payable Ollin Strategies
Description
PROFESSIONAL SVCS JULY 2023, ROSEMEAD MEDIAN
Accounts Payable Nutrien AG Solutions, Inc
Description
COMMISSIONER STIPEND FOR MEETING 9/14/23
Accounts Payable Moore Iacofano & Goltsman Inc
Description
SENIOR CENTER ENTERTAINMENT 10/4/23 2-4PM
Accounts Payable Martinez, Vanessa, Vivian
Description
Accounts Payable MARIACHI TIERRA MIA
Description
SENIOR CENTER ENTERTAINMENT 9/21/23 2-4PM
Accounts Payable Los Angeles Fire Department
Description
HAZARDOUS WASTE MATERIAL ANNUAL FEE
Accounts Payable LA County Sheriffs Department
Description
PRV-TRANSIT/TRANSIENT DEPUTY 8/10/23-8/30/23
Description
REFUND FOR 23-24 REACH PROGRAM FOR ROBERT SANDOVAL
user: Georgina Ortiz Pages: 9 of 24 Thursday, September 28, 2023 Number Date Description Amount
City of Pico Rivera
AP Warrant Register
From Payment Date: 9/01/2023 - To Payment Date: 9/28/2023 Source Payee Name
292814 09/27/2023 $300.00
Invoice Amount
53930 $300.00
292815 09/27/2023 $15.00
Invoice Amount
838621 $15.00
292816 09/27/2023 $33,708.26
Invoice Amount
2023JULYPICOWATE $26,122.94
2023JULYPICAWATE $7,519.20
2023JULYPICBWATE $66.12
292817 09/27/2023 $3,200.00
Invoice Amount
2023POSTMASTOCT $3,200.00
292818 09/27/2023 $13,635.00
Invoice Amount
2023-6-PRPR $13,635.00
292819 09/27/2023 $75.00
Invoice Amount
4141 $25.00
4291 $25.00
4517 $25.00
292820 09/27/2023 $2,936.22
Invoice Amount
14440 $2,936.22
292821 09/27/2023 $300.00
Invoice Description Amount
Description
CARPET INSTALL, CIP 50073
Accounts Payable SPILLER, MIRIAM
TIRE REPAIR
TIRE REPAIR
Accounts Payable SCS Carpets, Inc.
Accounts Payable Salgado Tire Service
Description
TIRE REPAIR
Accounts Payable PPM GROUP INC
Description
PROFESSIONAL SVCS JULY 2023, PAVEMENT REHAB OVERLAY
Accounts Payable Postmaster-Santa Fe Springs Post Office Description
POSTAGE FOR OCTOBER 2023, CHECK 2 FY 23/24
UTILITIES FOR JULY 2023
UTILITIES FOR JULY 2023
UTILITIES FOR JULY 2023
REIMBURSEMENT FOR MARIACHI CONCERT 9/16/23
Accounts Payable Pico Water District
Description
PARS TRUST ADMINISTRATOR SVCS MONTH ENDING 7/31/23
Accounts Payable Petra Gonzalez
Description
Accounts Payable PARS
Description
user: Georgina Ortiz Pages: 10 of 24 Thursday, September 28, 2023 Number Date Description Amount
City of Pico Rivera
AP Warrant Register
From Payment Date: 9/01/2023 - To Payment Date: 9/28/2023 Source Payee Name
0923UNIFOREIM-MS $300.00
292822 09/27/2023 $480.00
Invoice Amount
INV0007 $480.00
292823 09/27/2023 $1,891.25
Invoice Amount
2022-01361 $341.67
2023-01473 $547.92
2023-01546 $218.75
2023-01568 $342.08
2023-01596 $440.83
292824 09/27/2023 $14,922.50
Invoice Amount
52123294 $14,922.50
292825 09/27/2023 $1,875.00
Invoice Amount
1218 $487.50
1219 $1,387.50
292826 09/27/2023 $2,361.61
Invoice Amount
S50401056-1 $2,361.61
292827 09/27/2023 $11,513.00
Invoice Amount
204595 $4,005.00
204596 $6,408.00
204597 $1,100.00
292828 09/27/2023 $1,810.30
Invoice Amount
Accounts Payable Whittier Fertilizer Company
Description
EMERGENCY TREE REMOVAL 8/29/23, GOLF COURSE
EMERGENCY TREE REMOVAL 8/28/23, GOLF COURSE
EMERGENCY TREE REMOVAL 8/29/23, GOLF COURSE
GENERATOR EMERGENCY REPAIR SVCS
Accounts Payable West Coast Arborists, Inc
Description
ITS MASTER PLAN AUGUST 2023
Accounts Payable Volvo Construction Equipment and Services Description
Accounts Payable TKM ENGINEERING
Description
LRSP AUGUST 2023
Accounts Payable Tetra Tech, Inc
Description
PROFESSIONAL SVCS THROUGH 8/25/23
OUTDOOR ADVERTISING DIGITAL BILLBOARD SIGNS 6/7/23-6/28/23 OUTDOOR ADVERTISING DIGITAL BILLBOARD SIGNS 7/7/23-7/31/23 OUTDOOR ADVERTISING DIGITAL BILLBOARD SIGNS 8/1/23-8/29/23 Description
OUTDOOR ADVERTISING DIGITAL BILLBOARD SIGNS 10/24/22-10/31/22 OUTDOOR ADVERTISING DIGITAL BILLBOARD SIGN 1/9/23 & 3/9/-3/22/23 Description
CITY FLEET CAR DETAIL/WASH
Accounts Payable Terra Realty Advisors Inc
UNIFORM REIMBURSEMENT
Accounts Payable SUPER SLICK AUTO DETAIL LLC
user: Georgina Ortiz Pages: 11 of 24 Thursday, September 28, 2023 Number Date Description Amount
City of Pico Rivera
AP Warrant Register
From Payment Date: 9/01/2023 - To Payment Date: 9/28/2023 Source Payee Name
403551 $1,012.10
403314 $348.38
403317 $299.88
403320 $149.94
292829 09/27/2023 $17,826.20
Invoice Amount
202308-23003 $17,446.35
PR2307 $379.85
292830 09/28/2023 $49,000.00
Invoice Amount
202309-0145 $7,000.00
202308-0189 $42,000.00
292831 09/28/2023 $1,775.03
Invoice Amount
691404 $1,775.03
292832 09/28/2023 $414.16
Invoice Amount
092823 $414.16
292833 09/28/2023 $50.00
Invoice Amount
092823 $50.00
292834 09/28/2023 $9,739.90
Invoice Amount
240625EC $9,739.90
292835 09/28/2023 $233.39
Invoice Amount
092823 $233.39
Description
EMPLOYEE DEDUCTION FOR P/E 09/22/23
Description
HELICOPTER SVC AUGUST 2023
Accounts Payable Levying Officer
Description
EMPLOYEE DEDUCTION FOR P/E 09/22/23
Accounts Payable LA County Sheriffs Department
Description
EMPLOYEE DEDUCTION FOR P/E 09/22/23
Accounts Payable Franchise Tax Board
Description
LEGAL SVCS AUGUST 2023
Accounts Payable BMG Money, Inc
PROFESSIONAL SVCS SEPTEMBER 2023
PROFESSIONAL SVCS MARCH 2023 TO AUGUST 2023
Accounts Payable Atkinson, Andelson, Loya, Ruud & Romo
PROFESSIONAL SVCS JULY 2023, WELL 5 ELECTRICAL UPGRADES Accounts Payable ACTUM CA OPCO, LLC
Description
Accounts Payable Yao Engineering, Inc.
Description
PROF SVCS AUGUST 2023, GOLF COURSE FIRE DAMAGE
WOOD CHIPS FOR PARKS
WOOD CHIPS FOR PARKS
WOOD CHIPS FOR PARKS
PESTICIDE CHEMICAL SUPPLIES
user: Georgina Ortiz Pages: 12 of 24 Thursday, September 28, 2023 Number Date Description Amount
City of Pico Rivera
AP Warrant Register
From Payment Date: 9/01/2023 - To Payment Date: 9/28/2023 Source Payee Name
292836 09/28/2023 $10.00
Invoice Amount
831529 $10.00
292837 09/28/2023 $72.00
Invoice Amount
092823 $72.00
292838 09/28/2023 $19,816.47
Invoice Amount
JUNE23LNGTRM-SCE $19,816.47
$2,386,116.28
12559 09/20/2023 $6,715.00
Invoice Amount
013040 $1,777.50
013042 $1,282.50
013043 $735.00
013075 $522.50
013076 $522.50
013041 $1,875.00
12560 09/20/2023 $762.25
Invoice Amount
00854 $762.25
12561 09/20/2023 $328.49
Invoice Amount
5860205369 $328.49
12562 09/20/2023 $425.92
Invoice Amount
Accounts Payable Basic Benefits LLC
CAMP TRANSPORTATION TO ADVENTURE CITY 7/31/23
CAMP TRANSPORTATION TO CAMELOT GOLFLAND 8/1/23
CAMP TRANSPORTATION TO BOLSA CHICA 7/18/23
Accounts Payable Advanced Printing
VIOLATION NOTICES
Accounts Payable Aramark
UNIFORM RENTAL SVCS
CBC GenOpe - CBC General Operating
EFT
Accounts Payable
Description
A & D Transportation, L.P.
Description
JUNE 2023 LONG TERM ALLOCATION
Type Check Totals:
Description
Description
Description
CAMP TRANSPORTATION TO WHITTIER AQUATIC CTR 8/10/23
CAMP TRANSPORTATION TO WHITTIER VILLAGE CINEMA 7/11/23
CAMP TRANSPORTATION TO WHITTIER AQUATIC CTR 8/8/23
Description
COPES FEES FOR P/E 09/22/23
Accounts Payable So Calif Edison Company
Description
VALENTINES DAY CELEBRATION AT SENIOR CNTR, REFUND
Accounts Payable SEIU Local 721-COPE
Accounts Payable Linda Valdez
user: Georgina Ortiz Pages: 13 of 24 Thursday, September 28, 2023 Number Date Description Amount
City of Pico Rivera
AP Warrant Register
From Payment Date: 9/01/2023 - To Payment Date: 9/28/2023 Source Payee Name
IN2858314 $425.92
12563 09/20/2023 $60.00
Invoice Amount
SUMFALLWK423 $60.00
12564 09/20/2023 $1,628.95
Invoice Amount
120430859 $1,628.95
12565 09/20/2023 $5,788.02
Invoice Amount
29399 $5,788.02
12566 09/20/2023 $908.00
Invoice Amount
36164 $908.00
12567 09/20/2023 $204.00
Invoice Amount
0487757 $204.00
12568 09/20/2023 $36.38
Invoice Amount
458241 $18.19
458336 $18.19
12569 09/20/2023 $60.00
Invoice Amount
SUMFALLWK523 $60.00
12570 09/20/2023 $7,379.80
Invoice Amount
S100216588.002 $239.53
S100216885.001 $7,140.27
UMPIRE SVCS FOR SENIOR LEAGUE 9/14/23
Accounts Payable S & J Supply Co., Inc.
Eastern County Newspaper Group, Inc.
LEGAL AD-TOBACCO LICENSE FEE
Accounts Payable GRM Information Management Services, Inc MONTHLY SHREDDING SVCS AUGUST 2023
Accounts Payable I Copy, Inc (ibe digital)
MAINTENANCE AND TONER EQUIPMENT SMITH PARK
Accounts Payable Martinez, Ben
Accounts Payable Bland, Renee
Description
UMPIRE SVCS FOR SENIOR LEAGUE 9/7/23
Accounts Payable COSTAR REALTY INFORMATION, INC.
Description
Description
SUPPLIES FOR PRWA MAINTENANCE AND REPAIR
SUPPLIES FOR PRWA MAINTENANCE AND REPAIR
Description
Description
MAINTENANCE AND TONER EQUIPMENT CED
Description
REAL ESTATE ONLINE SVCS SEPTEMBER 2023
Accounts Payable DIEGO'S AUTO REPAIR
PRWA VEHICLE REPAIRS
Accounts Payable
FMLA EASE PLUS SVC SEPTEMBER 2023
Description
Description
user: Georgina Ortiz Pages: 14 of 24 Thursday, September 28, 2023 Number Date Description Amount
City of Pico Rivera
AP Warrant Register
From Payment Date: 9/01/2023 - To Payment Date: 9/28/2023 Source Payee Name
12571 09/20/2023 $189.00
Invoice Amount
S-01108676 $189.00
12572 09/20/2023 $49,143.98
Invoice Amount
PR AUGUST-2023 $49,143.98
12573 09/20/2023 $65.42
Invoice Amount
9838-8 $65.42
12574 09/20/2023 $22,275.00
Invoice Amount
113335 $3,450.00
113335-A $3,975.00
113535 $3,450.00
113644 $3,975.00
114011 $3,450.00
114123 $3,975.00
12575 09/20/2023 $176.40
Invoice Amount
208638602-017 $176.40
12576 09/20/2023 $3,601.00
Invoice Amount
W3G1024 $250.00
W3G1025 $60.00
W3G2553 $240.00
W3G2557 $170.00
W3G2558 $250.00
W3H0137 $250.00
W3H0138 $250.00
Accounts Payable Weck Laboratories Inc.
WATER QUALITY SAMPLING
WATER QUALITY SAMPLING
Accounts Payable Security Signal Devices
Description
SVC CALL FOR ALARM EQUIPMENT, PARKS & REC BUILDING
Accounts Payable Southland Transit, Inc.
WATER QUALITY SAMPLING
WATER QUALITY SAMPLING
WATER QUALITY SAMPLING
Description
WATER QUALITY SAMPLING
Description
SPECIAL EVENTS STORAGE AT SMITH PARK
WORKERS COMPENSATION/CLAIMS ADMIN SEPTEMBER 2023
Accounts Payable United Rentals (North America), Inc
WORKERS COMPENSATION/CLAIMS ADMIN JULY 2023
GENERAL LIABILITY FEES AUGUST 2023
WORKERS COMPENSATION/CLAIMS ADMIN AUGUST 2023
GENERAL LIABILITY FEES SEPTEMBER 2023
WATER QUALITY SAMPLING
Description
PR DIAL A RIDE SVC AUGUST 2023
Accounts Payable The Sherwin-Williams Co.
Description
PAINT SUPPLIES
Accounts Payable Tristar Risk Management
Description
GENERAL LIABILITY FEES JULY 2023
user: Georgina Ortiz Pages: 15 of 24 Thursday, September 28, 2023 Number Date Description Amount
City of Pico Rivera
AP Warrant Register
From Payment Date: 9/01/2023 - To Payment Date: 9/28/2023 Source Payee Name
W3H0139 $250.00
W3H0149 $120.00
W3H0150 $75.00
W3H0151 $180.00
W3H0152 $106.00
W3H0153 $60.00
W3H0645 $60.00
W3H0646 $60.00
W3H0647 $250.00
W3H1868 $300.00
W3H1870 $250.00
W3H1872 $170.00
W3H1927 $250.00
12577 09/01/2023 $661.70
Invoice Amount
Import - 8293 $661.70
12578 09/05/2023 $115.54
Invoice Amount
Import - 8294 $115.54
12579 09/06/2023 $766.75
Invoice Amount
Import - 8295 $766.75
12580 09/07/2023 $60.06
Invoice Amount
Import - 8296 $60.06
12581 09/07/2023 $1,426.74
Invoice Amount
Import - 8297 $1,426.74
12582 09/11/2023 $134.98
Accounts Payable Time Warner Cable
Description
Accounts Payable Verizon Wireless
Description
Accounts Payable Frontier California
Description
WATER QUALITY SAMPLING
WATER QUALITY SAMPLING
WATER QUALITY SAMPLING
WATER QUALITY SAMPLING
WATER QUALITY SAMPLING
ELECTRIC SVC-5055 PASSONS BLVD
Description
Accounts Payable So Calif Edison Company
Accounts Payable Time Warner Cable
RADIO & TELECOMMUNICATION
RADIO & TELECOMMINICATION
Radio & Telecommunication
WATER SVC-06/28/23-07/31/23
WATER QUALITY SAMPLING
WATER QUALITY SAMPLING
WATER QUALITY SAMPLING
Accounts Payable San Gabriel Valley Water Co
Description
WATER QUALITY SAMPLING
WATER QUALITY SAMPLING
WATER QUALITY SAMPLING
WATER QUALITY SAMPLING
WATER QUALITY SAMPLING
user: Georgina Ortiz Pages: 16 of 24 Thursday, September 28, 2023 Number Date Description Amount
City of Pico Rivera
AP Warrant Register
From Payment Date: 9/01/2023 - To Payment Date: 9/28/2023 Source Payee Name
Invoice Amount
Import - 8298 $134.98
12583 09/11/2023 $40,199.49
Invoice Amount
Import - 8299 $40,199.49
12584 09/12/2023 $1,734.27
Invoice Amount
Import - 8300 $1,734.27
12585 09/06/2023 $36,329.93
Invoice Amount
Import - 8301 $36,329.93
12586 09/14/2023 $20,431.85
Invoice Amount
Import - 8302 $20,431.85
12587 09/14/2023 $1,699.50
Invoice Amount
Import - 8303 $1,699.50
12588 09/15/2023 $849.00
Invoice Amount
Import - 8304 $849.00
12589 09/15/2023 $659.20
Invoice Amount
Import - 8305 $659.20
12590 09/18/2023 $122.86
Invoice Amount
Import - 8306 $122.86
Radio & Telecommunication
Accounts Payable Time Warner Cable
RADIO & TELECOMMINICATION
Accounts Payable San Gabriel Valley Water Co
Accounts Payable Frontier California
Description
Radio & Telecommunication
Description
WATER SVC-07/31/23-08/29/23
Description
Description
Description
Description
WATER SVC
Accounts Payable So Calif Edison Company
ELECTRIC SVC-4632 ORANGE ST
Accounts Payable Frontier California
Description
Description
Accounts Payable So Calif Edison Company
ELECTRIC SVC-9003 TERRADELL ST
Accounts Payable T-Mobile USA, Inc
Radio & Telecommunication
Accounts Payable City of Pico Rivera
Description
RADIO & TELECOMMINICATION
user: Georgina Ortiz Pages: 17 of 24 Thursday, September 28, 2023 Number Date Description Amount
City of Pico Rivera
AP Warrant Register
From Payment Date: 9/01/2023 - To Payment Date: 9/28/2023 Source Payee Name
12591 09/18/2023 $102.84
Invoice Amount
Import - 8307 $102.84
12592 09/01/2023 $176.04
Invoice Amount
Import - 8292 $176.04
12593 09/05/2023 $45,490.83
Invoice Amount
20230828 $45,490.83
12594 09/20/2023 $580.72
Invoice Amount
Import - 8839 $580.72
12595 09/20/2023 $40.40
Invoice Amount
Import - 8840 $40.40
12596 09/19/2023 $1,656.00
Invoice Amount
00358560 $1,656.00
12597 09/19/2023 $311.84
Invoice Amount
Import - 8842 $311.84
12598 09/21/2023 $97.54
Invoice Amount
Import - 8843 $97.54
12599 09/22/2023 $1,341.56
Invoice Amount
Import - 8844 $1,341.56
Description
Accounts Payable So Calif Gas Company
Accounts Payable
Description
Accounts Payable Time Warner Cable
Description
Accounts Payable So Calif Gas Company
Description
GAS SVC-8751 COFFMAN RIO VISTA PARK
CalCard- August 2023
Accounts Payable US Bank Corporate Trust Services
Description
Accounts Payable Frontier California
Description
Accounts Payable So Calif Gas Company
Radio & Telecommunication
GAS SVC-9633 BEVERLY-CITY YARD
Accounts Payable So Calif Edison Company
Description
ELECTRIC SVC-5216 1/2 BEVERLY BLVD
GAS SVC-6615 PASSONS BLVD CITY HALL
Description
Radio & Telecommunication
VEHICLE TEST/USE OF FCD ROW PERMIT ISSUANCE
RADIO & TELECOMMINICATION
Accounts Payable County of Los Angeles Dept of Public Works Frontier California
Description
user: Georgina Ortiz Pages: 18 of 24 Thursday, September 28, 2023 Number Date Description Amount
City of Pico Rivera
AP Warrant Register
From Payment Date: 9/01/2023 - To Payment Date: 9/28/2023 Source Payee Name
12600 09/25/2023 $126.14
Invoice Amount
Import - 8845 $126.14
12601 09/25/2023 $1,640.04
Invoice Amount
Import - 8846 $1,640.04
12602 09/20/2023 $14.18
Invoice Amount
Import - 8841 $14.18
12603 09/27/2023 $1,195.11
Invoice Amount
00859 $1,195.11
12604 09/27/2023 $328.49
Invoice Amount
5860210817 $328.49
12605 09/27/2023 $16,582.75
Invoice Amount
23081166 $16,582.75
12606 09/27/2023 $10,744.19
Invoice Amount
CL00187 $10,744.19
12607 09/27/2023 $2,500.85
Invoice Amount
80985900 $2,500.85
12608 09/27/2023 $11,660.36
Invoice Amount
PRINTER COPIER LEASE OCTOBER 2023
Accounts Payable DIEGO'S AUTO REPAIR
Accounts Payable Time Warner Cable
Description
FUEL FOR CITY VEHICLES 8/21/23-8/31/23
Description
Description
Accounts Payable BKF Engineers
Description
PROFESSIONAL SVCS JULY 2023, WHITTIER BRIDGE STUDY
Accounts Payable Cosby Oil Company
Accounts Payable DE LAGE LANDEN FINANCIAL SERVICES, INC.
Accounts Payable So Calif Edison Company
Description
ELECTRIC SVC-9459 WHITTIER BLVD
Accounts Payable Advanced Printing
Description
CITY ENVELOPES WITH LOGO
Accounts Payable Aramark
Description
UNIFORM RENTAL SVCS
GAS SVC-9025 MINES AVE
RADIO & TELECOMMINICATION
Description
Accounts Payable So Calif Gas Company
Description
user: Georgina Ortiz Pages: 19 of 24 Thursday, September 28, 2023 Number Date Description Amount
City of Pico Rivera
AP Warrant Register
From Payment Date: 9/01/2023 - To Payment Date: 9/28/2023 Source Payee Name
29540 $2,755.89
29589 $1,411.86
29631 $7,492.61
12609 09/27/2023 $38.68
Invoice Amount
155782 $38.68
12610 09/27/2023 $59.34
Invoice Amount
0485618 $30.16
0487679 $29.18
12611 09/27/2023 $430.02
Invoice Amount
763730900 $41.93
764251542 $388.09
12612 09/27/2023 $2,275.44
Invoice Amount
458838 $129.04
458817 $2,146.40
12613 09/27/2023 $8,673.75
Invoice Amount
PR1MS412307 $8,673.75
12614 09/27/2023 $1,687.25
Invoice Amount
01249733 $1,687.25
12615 09/27/2023 $75.00
Invoice Amount
COMSTP091423-PS $75.00
FLEET REPAIR SVCS
FLEET REPAIR SVCS
Accounts Payable Garvey Equipment Company
Accounts Payable GRM Information Management Services, Inc COMMISSIONER STIPEND FOR MEETING 9/14/23
SAFETY LIGHTS FOR FLEET
Accounts Payable Lu's Lighthouse Inc.
Description
Accounts Payable Patricia Saucedo
Description
NPDES JULY 2023
Description
CONTRACT OVERAGE CHARGE 8/18/23-9/17/23
CONTRACT OVERAGE CHARGE 8/17/23-9/16/23
JANITORIAL SUPPLIES
JANITORIAL SUPPLIES
Accounts Payable I Copy, Inc (ibe digital)
Accounts Payable John L Hunter & Associates Inc.
Description
Description
Description
MONTHLY FILE STORAGE JULY 2023, HOUSING
MONTHLY FILE STORAGE AUGUST 2023, HOUSING
REPLACEMENT PARTS FOR LANDSCAPE EQUIPMENT
Accounts Payable Home Depot
Description
VEHICLE REPAIR SVCS
user: Georgina Ortiz Pages: 20 of 24 Thursday, September 28, 2023 Number Date Description Amount
City of Pico Rivera
AP Warrant Register
From Payment Date: 9/01/2023 - To Payment Date: 9/28/2023 Source Payee Name
12616 09/27/2023 $11,707.50
Invoice Amount
I010814 $11,707.50
12617 09/27/2023 $5,803.19
Invoice Amount
3034142212 $5,803.19
12618 09/27/2023 $362.20
Invoice Amount
S100217725.001 $362.20
12619 09/27/2023 $30,536.58
Invoice Amount
308 $30,536.58
12620 09/27/2023 $408.00
Invoice Amount
S-01110052 $189.00
S-01110055 $94.50
S-01110102 $94.50
R-00458117 $30.00
12621 09/27/2023 $594.88
Invoice Amount
0054964-IN $200.00
0055095-IN $196.44
0054965-IN $198.44
12622 09/27/2023 $3,450.00
Invoice Amount
114436 $3,450.00
12623 09/27/2023 $855.50
Invoice Amount
GENERAL LIABILITY FEES OCTOBER 2023
Description
Accounts Payable Vulcan Materials Co.
SAFETY SHOES FOR DESIREE ALVAREZ
Description
Accounts Payable Tristar Risk Management
SAFETY SHOES FOR BRIAN HERNANDEZ
SVC CALL FOR ALARM SYSTEM 9/12/23
SVC CALL FOR RIVERA PARK 9/12/23
Accounts Payable Security Signal Devices
Description
SVC CALL SMITH PARK 9/12/23
ALARM MONITORING 7/1/23-9/30/23
Accounts Payable Shoeteria, Inc.
Description
SAFETY SHOES FOR CARLOS DEL TORO
PAYROLL 8/31/23-9/13/23
ALLOY VALVE/PIPE FOR PRWA
CATALYTIC CONVERTER REPLACEMENT
Accounts Payable Rush Truck Centers of California, Inc.
Description
Accounts Payable S & J Supply Co., Inc.
Description
Accounts Payable S & S LaBarge Golf Inc
Description
MHP RSO ADMIN SVCS AUGUST 2023
Accounts Payable RSG, Inc
Description
user: Georgina Ortiz Pages: 21 of 24 Thursday, September 28, 2023 Number Date Description Amount
City of Pico Rivera
AP Warrant Register
From Payment Date: 9/01/2023 - To Payment Date: 9/28/2023 Source Payee Name
73776383 $369.46
73778860 $486.04
12624 09/27/2023 $190,343.39
Invoice Amount
2023-06-T22-04 $18,212.00
3853-0723 $172,131.39
12625 09/27/2023 $1,972.42
Invoice Amount
81979043 $1,972.42
12626 09/27/2023 $1,430.00
Invoice Amount
W3I1220 $820.00
W3I1726 $120.00
W3I1725 $240.00
W3I1727 $250.00
12627 09/27/2023 $50,511.31
Invoice Amount
00338052 $547.25
00338053 $199.00
00338054 $199.00
00338055 $364.00
00338056 $432.00
00626125 $23,168.06
00418914 $11,193.00
00418936 $10,123.50
00418945 $1,827.00
00626057 $2,458.50
12628 09/28/2023 $2,244.10
Invoice Amount
BE005663193 $2,244.10
PROFESSIONAL SVCS THROUGH 7/28/23, SLURRY SEAL CM
PROFESSIONAL SVCS THROUGH 7/28/23, BEVERLY & SAN GABRIEL MEDIAN PROFESSIONAL SVCS THROUGH 7/28/23, PR CITY HALL EV CIP 50010 Accounts Payable Delta Dental (Delta Care)
Description
DENTAL SERVICES (DHMO) FOR SEPTEMBER 2023
PROFESSIONAL SVCS THRU 8/25/23, LRSP W/ CALTRANS NonCIP.4700 PROFESSIONAL SVCS THROUGH 7/28/23
Description
PROFESSIONAL SVCS THRU 8/25/23, STATE PROCESS SETUP CIP.50110
WATER QUALITY SAMPLING
WATER QUALITY SAMPLING
Accounts Payable Willdan Engineering
PROFESSIONAL SVCS THRU 8/25/23, FEDERAL PROCESS ASSIST CIP.50111 PROFESSIONAL SVCS THRU 8/25/23, STATE PROCESS ASSIST CIP.50112 PROFESSIONAL SVCS THRU 8/25/23, SET UP NEW GRANTS W/ CALTRANS PROFESSIONAL SVCS THRU 7/28/23, WHITTIER UNDERPASS
WATER QUALITY SAMPLING
Description
LAB SVCS JANUARY THROUGH JUNE 2023
GROUND WATER PRODUCTION & ASSESSMENT JULY 2023
Accounts Payable Waxie Sanitary Supply
Description
JANITORIAL SUPPLIES FOR PARKS
Accounts Payable Weck Laboratories Inc.
Description
WATER QUALITY SAMPLING
ASPHALT MATERIALS
ASPHALT MATERIALS
Accounts Payable Water Replenishment District of So. California user: Georgina Ortiz Pages: 22 of 24 Thursday, September 28, 2023 Number Date Description Amount
City of Pico Rivera
AP Warrant Register
From Payment Date: 9/01/2023 - To Payment Date: 9/28/2023 Source Payee Name
12629 09/28/2023 $1,464.20
Invoice Amount
090123 $1,464.20
12630 09/28/2023 $9,074.21
Invoice Amount
090123 $9,074.21
12631 09/28/2023 $7,259.00
Invoice Amount
092823 $7,259.00
12632 09/28/2023 $1,162.62
Invoice Amount
092823 $1,162.62
12633 09/28/2023 $637.00
Invoice Amount
092823 $637.00
12634 09/28/2023 $24,056.36
Invoice Amount
303_3 $24,056.36
12635 09/28/2023 $1,630.06
Invoice Amount
092823 $1,630.06
12636 09/28/2023 $12,508.52
Invoice Amount
090123 $12,508.52
$670,779.88
Accounts Payable The Lincoln National Life Insurance Company Description
GROUP LIFE, STD & LTD PREMIUMS FOR SEPTEMBER 2023
Type EFT Totals:
Accounts Payable PRMPCEA
Description
UNION DUES FOR P/E 09/22/23
Accounts Payable S & S LaBarge Golf Inc
Description
Expense Reimbursement- August 2023
Accounts Payable SEIU Local 721
Description
UNION DUES FOR P/E 09/22/23
Accounts Payable MSA-Dental Pool
Description
DENTAL SERVICES (DPPO) FOR SEPTEMBER 2023
Accounts Payable Nationwide Retirement Solutions
Description
EMPLOYEE/EMPLOYER CONTRIBUTIONS FOR P/E 09/22/23 (401A) Accounts Payable Nationwide RS
Description
PEHP BENEFIT/DEDUCTION FOR P/E 09/22/23
Accounts Payable Lincoln Financial Group
Description
SUPPLEMENTAL LIFE INSURANCE FOR SEPTEMBER 2023
user: Georgina Ortiz Pages: 23 of 24 Thursday, September 28, 2023 Number Date Description Amount
City of Pico Rivera
AP Warrant Register
From Payment Date: 9/01/2023 - To Payment Date: 9/28/2023 Source Payee Name
Checks
EFTs
All
$3,056,896.16
Transaction Amount
Transaction Amount
CBC GenOpe - CBC General Operating Totals
Grand Totals:
Transaction Amount
$2,386,116.28
$670,779.88
user: Georgina Ortiz Pages: 24 of 24 Thursday, September 28, 2023 To: Mayor and City Council
From: City Manager
Meeting Date: October 10, 2023
Subject: CALTRANS GRANT AWARD FOR THE
ROSEMEAD/LAKEWOOD BOULEVARD COMPLETE
CORRIDOR PROJECT
Recommendation:
1. Approve a resolution authorizing the execution of agreements with the California Department of Transportation;
2. Accept the Grant Award in the amount of $585,334 from the Caltrans Sustainable Transportation Planning Grant Program for the Rosemead/Lakewood Boulevard Complete Corridor Project – Vision Master Plan;
3. Amend the fiscal year (FY) 2023-2024 budget by transferring $30,000 in Landscaping and Lighting District (LLD) (Fund 230) to the General Fund (Fund 100) and then transfer from the General Fund to the Capital Improvement Program Fund (CIP Fund 400). The City intends to utilize eligible resources in the LLD fund to address the needs of this critical capital project; and
4. Amend the FY 2023-24 budget by appropriating $585,334 in Account No. 699.70.7300-54500-CIP.30059 and $30,000 in Account No. 400.70.7300-54500- CIP. 30059.
Fiscal Impact:
Caltrans is awarding the City of Pico Rivera (City) a $585,334 grant (Account No. 699.00.0000-45000) from the Sustainable Transportation Planning Grant Program. The City’s total local match requirement is $75,836, of which $30,000 is a cash contribution from the Landscaping and Lighting District Fund (Account No. 230.98.9800-56900) to the General Fund (Account No. 100.00.0000-47900) and from the General Fund (Account No. 100.98.9800-56900) to the CIP Fund (Account No. 400.00.0000-47900); $45,836 is committed as in-kind staff time from the General Fund as approved in the FY 2023-2025 Budget. A total of $615,334 will be appropriated, including $585,334 in Account No. 699.70.7300-54500-CIP.30059 and $30,000 in Account No. 400.70.7300-54500-CIP. 30059.
3 CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 10, 2023
CALTRANS GRANT FOR THE ROSEMEAD/LAKEWOOD BOULEVARD COMPLETE
CORRIDOR PROJECT
Background:
The California Department of Transportation (Caltrans) issued a competitive call for grant proposals for their FY 2023-24 Sustainable Transportation Planning Grant Program with a proposal due date in March 2023. The Grant Program was created to support Caltrans’ mission: provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability.
The California Legislature passed, and Governor Edmund G. Brown Jr. signed into law, Senate Bill 1 (SB 1, Beall, Chapter 5, Statutes of 2017) – The Road Repair and Accountability Act of 2017, a transportation funding bill that provides a reliable fund source to maintain and integrate the state’s multi-modal transportation system. In addition to the $9.5 million in traditional state and federal grants, approximately $25 million in SB 1 funds for Sustainable Communities Grants is available for each grant cycle.
The State-funded Sustainable Communities grants ($29.5 million) are intended to support and implement Regional Transportation Plan (RTP) Sustainable Communities Strategies/Alternative Planning Strategies (SCS/APS) (where applicable) and to ultimately achieve the state’s greenhouse gas (GHG) reduction target of 40 and 80 percent below 1990 levels by 2030 and 2050, respectively.
The State-funded Climate Adaptation Planning grants ($50 million) enacted with Senate Bill 198 (Committee on Budget and Fiscal Review, Chapter 71, Statutes of 2022), will support local and regional identification of transportation-related climate vulnerabilities through the development of climate adaptation plans, as well as project-level adaptation planning to identify adaptation projects and strategies for transportation infrastructure.
The federal-funded Strategic Partnerships and Strategic Partnership Transit grants ($4.5 million) support Federal Planning Factors and address state highway/transit issues of regional, interregional, and/or statewide significance, in partnership with Caltrans.
Eligible planning projects must have a transportation nexus per Article XIX Sections 2 and 3 of the California Constitution. Therefore, successful planning projects are expected to directly benefit the multimodal transportation system. These grants will also improve public health, social equity, environmental justice, the environment, and provide other important community benefits. The period of grant fund availability spans over three (3) FYs and approximately 27 months for grant project activities after the grant agreement is executed and Caltrans issues a Notice to Proceed. Refer to Chapter 9.2 for details regarding the anticipated grant project start and expiration dates.
A total of 161 applications were received with requests totaling approximately $66.8 million. Of these applications, 90 are being awarded, totaling approximately $41.6 million.
In addition, Metropolitan Planning Organizations (the federally designated regional CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 10, 2023
CALTRANS GRANT FOR THE ROSEMEAD/LAKEWOOD BOULEVARD COMPLETE
CORRIDOR PROJECT
planning areas) will receive $12.5 million in Sustainable Communities Formula grants to further their RTP/SCS. The City has been selected as one-of-eight applicants in Caltrans District 7 to be awarded a grant. The other awardees include the County of Los Angeles, the City of Los Angeles (2), Santa Monica, Maywood, Lomita, and Bell Gardens (2). Pico Rivera received the second highest grant award in Caltrans District 7.
This is the same grant program that is currently funding the City’s Historic Whittier Boulevard Multimodal Plan.
Discussion:
The impacts of climate change have compelled governments worldwide to undertake aggressive actions and policies to reduce Global Greenhouse Gas (GHG) emissions, reduce Vehicles Miles Traveled (VMT), reduce energy demands, and to improve global climate resilience. For metropolitan regions in the United States, national transportation policy is shifting from vehicle-dominated roads to Complete Streets that prioritize safety for people, contribute to environmental sustainability, and promote transit-oriented development. In furtherance of these goals, the State of California and our regional planning organization – the Southern California Association of Governments – are investing heavily in multimodal programs that emphasize mass transit (commuter rail, light rail, and bus rapid transit), active transportation (Class-I & IV bikeways), micro electric vehicles, and transit-oriented development. At the County level, LA Metro is steadily advancing a robust light-rail transit expansion program, including projects such as the Eastside Gold Line Extension (E-Line), the West Santa Ana Branch, Foothill Gold Line Extension, and many others.
In anticipation of these multi-billion-dollar transformative projects, cities within the San Gabriel Valley and Gateway sub-region have been independently planning multimodal improvements along Rosemead/Lakewood Boulevard. In the City of Temple City, for example, the City installed a Class-IV protected bikeway with bioswales, landscaping, artwork, signage, and other beautification elements. South El Monte and unincorporated Whittier Narrows also recently developed a plan to enhance safety for pedestrians, bicyclists, and other vulnerable road users. Similarly, in 2019, the cities of Pico Rivera, Downey, Paramount, Bellflower, Lakewood, and Long Beach approved a complete streets master plan along Rosemead/Lakewood Boulevard. Building on those efforts, the San Gabriel Valley (SGV) Council of Governments and LA Metro commissioned a study to evaluate the feasibility of a bus rapid transit corridor along Rosemead/Lakewood Boulevard that would connect the Angeles National Forest to the Pacific Ocean. These various and ongoing efforts gave rise to a common denominator and a shared goal: to convert the boulevard into a multimodal corridor.
The City of Pico Rivera recognized an opportunity to complement the SGV efforts and positioned itself as a leader in the Gateway Cities and initiated a campaign to build CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 10, 2023
CALTRANS GRANT FOR THE ROSEMEAD/LAKEWOOD BOULEVARD COMPLETE
CORRIDOR PROJECT
support, seek funding, and advance the project. Since inception, LA Metro invested $250,000 to conduct a technical corridor assessment and found that the corridor possesses ample opportunity to streamline existing services, enhance rapid bus service, improve connectivity and access to the expanding light-rail system, and stimulate new transit-oriented development throughout the corridor, all of which align with regional, state, national and global climate goals.
Pico Rivera staff has been successful in securing formal support from federal, state, and regional legislators, agencies, departments, as well as non-governmental organizations such as the building trades, community organizations, transit agencies, universities and colleges, and others. In June 2023, the Long Beach City Council voted to officially endorse the project and directed staff to explore a partnership with the City of Pico Rivera and provide legislative support.
The Rosemead/Lakewood Blvd. Complete Corridor Vision Master Plan will undertake a collaborative, community-based planning effort to:
Building on Metro’s Corridor Technical Assessment and update the existing Complete Streets Master Plan developed by the Gateway Cities COG. Re-engage the corridor technical advisory committee comprised of technical staff from each city to provide guidance, insights, and lend expertise. Based on the Smart Mobility Framework and Compete Streets principles, develop a community-driven vision, roadway design alternatives, service scenarios, transitoriented land-use considerations, and an implementation strategy to implement a high-quality, multi-modal corridor.
Conduct extensive public participatory processes to identify strategies that improve safety, promote active modes of transportation, support first and last-mile connections to transit, and promote infill and revitalization. Support the State and Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) goals of reducing vehicle miles traveled and GHG emissions, maximizing mobility and accessibility, preserving and ensuring a sustainable regional transportation system, protecting the environment, and supporting healthy and equitable communities.
Project Timeline
Upon acceptance of the Grant, City staff will schedule a project coordination kick-off meeting by November of 2023. The following months will be dedicated to formulating a public participation plan and procuring a professional service provider with expertise in urban planning and design, transportation, civil engineering, and community CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 10, 2023
CALTRANS GRANT FOR THE ROSEMEAD/LAKEWOOD BOULEVARD COMPLETE
CORRIDOR PROJECT
engagement. The community-oriented planning process is expected to commence in spring of 2024. An initial draft of the plan is expected to circulate by Fall of 2024. After incorporating and responding to comments, the final plan is expected to be brought to City Council for formal adoption in the Spring of 2026.
Conclusion:
Efforts to revitalize Rosemead Boulevard by promoting new economic development, improving regional mobility, enhancing safety for vulnerable road users is well aligned with the following Council approved priorities within the Pico Rivera Strategic Plan:
- Economic Development & Land Use
- Infrastructure
- Health, Wellness, & Safety
- Community Engagement
Staff recommend approving the resolution to accept the Caltrans Sustainable Transportation Planning Grant award.
Steve Carmona
SC:JH:smc
Enclosure: 1) Resolution
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA,
CALIFORNIA, AUTHORIZING THE EXECUTION OF AGREEMENTS
WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION
FOR ROSEMEAD/LAKEWOOD BOULEVARD COMPLETE
CORRIDOR PROJECT - VISION MASTER PLAN
WHEREAS, the City of Pico Rivera (“City”) is eligible to receive Federal and/or State funding for certain transportation planning related plans, through the California Department of Transportation;
WHEREAS, a restricted Grant Agreement is needed to be executed with the California Department of Transportation before such funds can be claimed through the Transportation Planning Grant Programs;
WHEREAS, The City wishes to delegate authorization to execute these agreements and any amendments thereto;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pico Rivera as follows:
SECTION 1. The above recitals are true and correct and incorporated herein by reference.
SECTION 2. The City Council of the City of Pico Rivera does hereby authorize the City Manager, or their designee, execute the agreements herein by reference.
SECTION 3. The City Clerk shall attest to the passage of this resolution, and it shall thereupon be in full force and effect.
APPROVED AND PASSED this 10th day of October 2023.
___________________________
Eric Lutz, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ________________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES:
NOES:
ABSENT:
ABSTAIN:
ENCLOSURE 1
3a
To: Mayor and City Council
From: City Manager
Meeting Date: October 10, 2023
Subject: CONTRIBUTIONS TO COMMUNITY ORGANIZATIONS
Recommendation:
1. Authorize the City Manager to make contributions to not-for-profit community organizations that provide services that support the City’s strategic priorities for an amount not to exceed $5,000 annually.
Fiscal Impact:
The fiscal year (FY) 2023-24 General Fund Operating Budget includes sufficient funds to support these activities. No additional appropriations are needed at this time.
Background:
Public agencies in the State of California can contribute to charity organizations if the charity provides a service that is common or helpful to the one provided by the public agency, when there is a benefit to the public agency, or when the charity provides a service which is compatible with the City’s priorities. One of the City of Pico Rivera’s Strategic Priorities is to ensure the Public Health, Safety, and Wellness of the community.
From time to time, the City has the opportunity to support local organizations’ activities that provide community-wide benefits.
Discussion:
This report provides an overview of the contributions made by the City to charitable organizations. Charitable contributions from government entities play a crucial role in addressing various social and community needs.
The City recognizes the importance of supporting charitable organizations in addressing a wide range of social issues, including education, healthcare, environmental conservation, and disaster relief. These contributions are typically made through various channels, including grants, contracts, and partnerships. 4 CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 10, 2023
CONTRIBUTIONS TO COMMUNITY ORGANIZATIONS
Occasionally, the City has the chance to offer sponsorships to organizations that align with and support the City's Strategic Priorities. The City Manager requests authorization to provide such contributions up to an amount not to exceed $5,000 in total to those organizations that meet the City’s strategic goal of Health, Safety, and Wellness.
Conclusion:
The City’s contributions to charitable organizations are an essential component of our efforts to address a wide range of social and community needs. By providing financial support and fostering collaboration, the City plays a vital role in improving the quality of life for its residents and promoting the welfare of its communities. Continuous evaluation and refinement of funding mechanisms and accountability measures will ensure the effectiveness of these contributions in the years to come.
Steve Carmona
SC:AG:smc
To: Mayor and City Council
From: City Manager
Meeting Date: October 10, 2023
Subject: AMENDMENT NO. 1 TO MAINTENANCE SERVICES
AGREEMENT WITH SEACLIFF MECHANICAL SERVICES
FOR THE RIVERA PARK BANQUET ROOM EMERGENCY
REPLACEMENT OF HEATING, VENTILATION, AND AIR
CONDITIONING (HVAC) UNIT(S)
Recommendation:
1. Approve Amendment No. 1 to Maintenance Services Agreement No. 23-2225 with Seacliff Mechanical Services, to amend the contract in the amount of $12,143 for an amount not-to-exceed $187,201 for the HVAC replacement at 9530 Shade Lane, Rivera Park Banquet Room, which was previously constituted an emergency; and
2. Authorize the City Manager to execute Amendment No. 1 to Maintenance Services Agreement No. 23-2225 in a form approved by the City Attorney.
Fiscal Impact:
The fiscal year (FY) 2023-24 Adopted Budget (Account No. 100.40.4031-54500) has sufficient funding to cover the cost of the additional repairs necessary for the emergency HVAC replacement.
Discussion:
The HVAC system for the Rivera Park Banquet Room has experienced numerous issues in the last few years, requiring substantial repairs. The City of Pico Rivera (City), in accordance with the Municipal Code Section 3.48.110, and in accordance with Public Contract Section 22035, declared a public emergency. Since this work has been declared an emergency, the City proceeded at once to replace or repair any public facility without adopting plans, specifications, strain sheets, working details, or giving notice for bids.
5 CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 10, 2023 AMENDMENT NO. 1 TO MAINTENANCE SERVICES AGREEMENT WITH SEACLIFF
MECHANICAL SERVICES FOR THE RIVERA PARK BANQUET ROOM EMERGENCY
REPLACEMENT OF HEATING, VENTILATION, AND AIR CONDITIONING (HVAC)
UNIT(S)
The request for emergency work is also requested due to an unexpected and urgent request where health and safety are at risk. Staff solicited Request for Quotes for the emergency replacement of the HVAC system at the Rivera Park Banquet Room. The lowest bidder was determined to be Seacliff Mechanical Services and they were awarded the contract and directed to proceed with the HVAC replacement. On July 7, 2023, the City Council approved Resolution No. 7292 ratifying the emergency repair.
Upon starting the project, it was determined that additional scope of work would be necessary to accommodate the new HVAC system. To avoid delays in the project, staff reviewed the additional work and approved the work to proceed. The Rivera Park Banquet Room needed additional work due to its outdated infrastructure, resulting in an additional cost of $12,143.
The work consisted of the items below:
Scope of Work Unit Amount
Replacement of emergency exit lights L.S. $2,300
Furnish and installation of single-zone controls L.S. $4,021 Furnish and installation of structural bolstering L.S. $4,500 Removal and reinstallation of speaker system L.S. $572
Relocation of existing water heater L.S. $750
Change Order Total $12,143
Conclusion:
Due to the immediate attention required, staff recommends that the City Council confirm the additional scope of work amount and authorize payment to Seacliff Mechanical Services in the amount of $12,143 for the additional necessary work for the emergency work completed (the total revised contract amount not-to-exceed $187,201) and to approve Amendment No. 1 to Maintenance Services Agreement No. 23-2225.
Steve Carmona
SC:NN:ML:np
Enclosure: 1) Amendment No. 1 to Agreement No. 23-2225
AMENDMENT NO. 1
TO THE MAINTENANCE SERVICES AGREEMENT
WITH SEACLIFF MECHANICAL SERVICES, AGREEMENT NO. 23-2225 THIS AMENDMENT NO. 1 TO THE MAINTENANCE SERVICES AGREEMENT WITH SEACLIFF MECHANICAL SERVICES, AGREEMENT NO. 23-2225 (“Amendment No. 1"), effective as of August 1, 2023, is made and entered into by and between the CITY OF PICO RIVERA (“CITY”), and Seacliff Mechanical Services, (“CONTRACTOR”).
RECITALS
A. CITY and CONTRACTOR (collectively referred to as the “PARTIES”) have previously executed that certain Agreement No. 23-2225 City of Pico Rivera Maintenance Services Agreement (“Agreement”) relating to maintenance services in the City of Pico Rivera.
B. The PARTIES desire to amend Sections 2 and 7 of the Agreement as set forth herein,
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. SCOPE OF SERVICES.
In accordance with Section 2. EXTRA WORK of the Agreement, the Scope of Work included in the Agreement shall hereby be supplemented with Contractor’s proposal attached hereto as Exhibit A to this Amendment No. 1. Exhibit A is hereby incorporated by reference into the Agreement.
2. COMPENSATION.
As compensation for the Scope of Services associated with the EXTRA WORK included in Exhibit A total change order amount is $12,143. Therefore, the Contract Sum in Section 7 of the Agreement shall hereby be increased to an amount not to exceed One Hundred Eighty-Seven Two Hundred and One Dollars ($187,201) in accordance with the prices as submitted in Exhibit A.
3. EFFECT OF AMENDMENTS.
Except as modified herein, either expressly or by necessary implication, the terms and provisions of the Agreement between the CITY and CONTRACTOR shall remain in full force and effect. If there is conflict between this Amendment and the Agreement, the terms of this Amendment will prevail.
Enclosure 1
5a
Amendment No. 1 to Contractual Services Agreement No. 23-2225
SEACLIFF MECAHNICAL SERVICES
4. EFFECTIVE DATE.
Unless otherwise specified herein, this Amendment No. 1 shall become effective as of the date set forth in the introductory paragraph above.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed and attested by their respective officers hereunto duly authorized. “CITY” “CONTRACTOR”
CITY OF PICO RIVERA Seacliff Mechanical Services
______________________________ _________________________________ Steve Carmona, City Manager Jason Webber, Owner
Dated: ________________________ Dated: ____________________________ ATTEST: APPROVED AS TO FORM
___________________________ _________________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney
EXHIBIT A
(Scope of Work)
CHANGE ORDER #1
PAGE 1 of 2
Reference : Rivera Park | 9530 Shade Ln. Pico Rivera, CA 90660 While performing agreed upon scope of work, Seacliff Mechanical Services was asked to perform the additional scope of work per below:
Replace existing Exit Signs - $ 2,300
Remove and properly dispose of six (6) exit signs
Furnish and install six (6) Exit signs at current location.
Perform test for proper operations.
Single Zone Controls - $4,021
Furnish and install one (1) new controller to operate three (3) systems together.
Furnish and install control relays for proper communication of three (3) units.
Furnish and install low voltage thermostat wire from units to Controller located in Storage Room.
Furnish and install averaging temperature remote sensors as required to read temperature at areas served.
Start-up and test for proper operations.
Structural Bolstering – $ 4,500
Furnish and install structural bolstering materials to suspend three (3) new fan coil units.
Materials including lumber, hanger, fasteners, and angle brackets.
Remove and re-install Speakers - $ 572
Remove and re-install speakers to allow City Personnel to paint the speaker grille face.
Remove and re-connect Speaker wires to each speaker.
Relocating Existing Water Heater - $ 750
Remove and Re-locate one (1) existing water heater.
Furnish and install materials to fasten existing water heater to storage room wall.
Furnish and install gas piping materials to extend existing gas line supply to existing water heater.
Furnish and install copper piping materials for water distribution.
Perform start-up and test unit for proper operations.
SCOPE OF WORK
CHANGE ORDER
CHANGE ORDER AMOUNT ………….………………………………………………………… $ 12,142.50 Exhibit A
EXHIBIT A
CHANGE ORDER #1
PAGE 2 of 2
Thank you for the opportunity to earn your business.
José Jasso
[email protected]
O: (657) 464-2614
C: (714) 944-5982
ACCEPTANCE
If this proposal meets with your approval, please authorize commencement of work by signing below and returning to us.
Please assign a purchase number and amount. Signature below also indicates acceptance of attached Terms & Conditions.
To accept this quotation, sign here and return:
Signature: _____________________________________________ Date: _______________
EXHIBIT A
To: Mayor and City Council
From: City Manager
Meeting Date: October 10, 2023
Subject: AMENDMENT NO. 3 TO MAINTENANCE SERVICES
AGREEMENT WITH GENERAL BUILDING MANAGEMENT
COMPANY FOR JANITORIAL SERVICES
Recommendation:
1. Approve Amendment No. 3 to Maintenance Services Agreement No. 19-1915 with General Building Management Company, amending the contract to an amount notto-exceed $105,346 and exercising the second one-year optional extension for janitorial services extending the term to October 22, 2024; and
2. Authorize the City Manager to execute Amendment No. 3 to Maintenance Services Agreement No. 19-1915 in a form approved by the City Attorney.
Fiscal Impact:
The fiscal year (FY) 2023-24 adopted budget under Account No. 100.40.4031-54500 (Facilities Maintenance, Contracted Services) has adequate appropriations to cover the annual $105,346 cost for the recommended amendment. This amount represents a 5%, or $6,720 increase to the contract in FY 2023-24. The addition of one more day of services to both Pico Rivera Libraries and the elimination of additional cleaning services due to COVID-19 at both Pico Rivera Libraries resulted in a contract reduction of $54,084 annually. No additional appropriation is required at this time. The net impact on the annual contract amount is savings of approximately $47,000.
Discussion:
The City utilizes contract services to supplement in-house maintenance services, including janitorial services for all City buildings. The goal is to maintain City buildings in a clean, safe, and good condition. On October 22, 2019, following a competitive process, the City entered into an agreement with General Building Management (GBM) to provide janitorial services for City buildings for an annual amount of $87,785. The contract term is for three (3) years (expiring October 21, 2022), with two, one-year optional renewals. 6 CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 10, 2023 AMENDMENT NO. 3 TO MAINTENANCE SERVICES AGREEMENT WITH GENERAL BUILDING MANAGEMENT CO. FOR JANITORIAL SERVICES
The City approved Amendment No. 1 to Agreement No. 19-1915 in October 2021. This amendment provided additional cleaning services due to COVID-19 for the Pico Rivera Library and the Rivera Library, as requested by Los Angeles County Library staff. The cost of these additional services was $54,084 per year and was reimbursed by the Los Angeles County Library. The total cost for the annual services was $141,869, which included the $87,785 yearly regular service amount.
In October 2022, the City approved Amendment No. 2 to Agreement No. 19-1915, which included a 7% increase in regular service costs to account for labor and material costs, which amounted to an annual amount of $93,930. During this time, the additional cleaning services for the Los Angeles County Libraries also continued and reimbursed by L.A.
County.
The two one-year renewal options are subject to mutual agreement. GBM has requested a 5% increase in the cost of regular services (Exhibit B-3 of Amendment No. 3) to account for labor and materials cost increases since October 2022, amounting to $98,626 annually. In addition to the 5% rate increase, the Los Angeles County Library has requested an additional service day for both Pico Rivera libraries, amounting to $6,720 that the City will fund (in FY 2023-24) in accordance with Agreement No. PL-PRV-01.
The new annual total amount is $105,346.
In addition to approving Amendment No. 3 in the amount of $105,346, it is necessary to modify the fee schedule to reflect the discontinuation of further COVID-19 cleaning services.
MSA 19-
1915
Amendment
#1
Amendment
#2
Amendment
#3
Current
Year's
Increase
(Reduction)
City $87,785 $87,785 $93,930 $98,626 $ 4,696
L.A.
County
Library
$54,084 $57,870 $6,720 ($51,150)
Total $87,785 $141,869 $151,800 $105,346 ($46,453)
Conclusion:
GBM has been working under the current janitorial contract since October 2019, and staff is satisfied with their performance. Staff recommends that the City Council approve CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 10, 2023 AMENDMENT NO. 3 TO MAINTENANCE SERVICES AGREEMENT WITH GENERAL BUILDING MANAGEMENT CO. FOR JANITORIAL SERVICES
Amendment No. 3 to their contract in the amount of $105,346, an additional $6,720 per year, for FY 2023-24 and to exercise the second one-year option for renewal.
Steve Carmona
SC:NN:ML:np
Enclosures: 1) Amendment No. 3 to Agreement 19-1915
2) Amendment No. 2 to Agreement 19-1915
3) Amendment No. 1 to Agreement 19-1915
4) Maintenance Services Agreement 19-1915
AMENDMENT NO. 3 TO AGREEMENT NO. 19-1915
MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF PICO RIVERA AND
GENERAL BUIDLING MANAGEMENT COMPANY
THIS AMENDMENT NO. 3 TO AGREEMENT NO. 19-1915 MAINTENANCE SERVICES
AGREEMENT BETWEEN THE CITY OF PICO RIVERA AND GENERAL BUIDLING MANAGEMENT COMPANY (“Amendment No. 3"), effective as of the date specified in paragraph 5 hereof, is made and entered into by and between the CITY OF PICO RIVERA (“City”), and GENERAL BUILDING MANAGEMENT CO., a California corporation (“Contractor”).
RECITALS
A. City and Contractor (collectively referred to as the “Parties”) have previously executed that certain Agreement No. 19-1915 Maintenance Services Agreement Between the City of Pico Rivera and General Building Management dated October 22, 2019, as amended by Amendment No. 1 to Maintenance Services Agreement No. 19-1915 dated October 26, 2021, and Amendment No. 2 to Agreement No. 19-1915 Maintenance Services Agreement, dated October 25, 2022 (collectively “Agreement”), relating to janitorial services in the City of Pico Rivera.
B. The Parties desire to amend said Agreement as set forth herein, pursuant to Sections 3 and 37 of the Agreement.
NOW, THEREFORE, THE PARTIES AGREE THAT THE AGREEMENT SHALL BE AMENDED AS FOLLOWS:
1. EXTENSION OF TERM
In accordance with Section 3 of the Agreement, the Parties hereby agree to extend the Term of the Agreement by exercising the second of two optional renewals. The Term of the Agreement is hereby extended to October 22, 2024.
2. FEE SCHEDULE
Exhibit A of the Agreement shall hereby be supplemented with the Fee Schedule proposed by Contractor, attached hereto and incorporated into the Agreement as Exhibit A, applicable to any Services performed by Contractor after October 22, 2023.
3. COMPENSATION
In consideration of the Services provided by Contractor for the extended Term, the not to exceed a total maximum compensation under Section 7 of the Agreement shall hereby be increased by an amount of One Hundred Five Thousand Three Hundred Forty-Six Dollars ($105,346).
Enclosure 1
6a
Amendment No. 3 to Agreement 19-1915
GENERAL BUILDING MANANGEMENT CO.
4. EFFECT OF AMENDMENTS
Except as modified herein, either expressly or by necessary implication, the terms and provisions of the Agreement between the City and Contractor shall remain in full force and effect.
5. 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 GENERAL BUILDING MANAGEMENT CO.
______________________________ _________________________________ Steve Carmona, City Manager Charles Han, Vice President Dated: ________________________ Dated: ____________________________ ATTEST: APPROVED AS TO FORM
___________________________ _________________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney
EXHIBIT A
(Fee Schedule
ATTACHMENT 5
PROPOSED FEE SCHEDULE FORM
SUBMIT WITH PROPOSAL
COMPANY NAME: General Building Management Co.
The Contractor declares that they have carefully examined the proposed work, that they have examined the Scope of Work and hereby proposes to do all work required to complete the said work or the unit price(s) as outlined in the Proposed Fee Schedule Form.
Hard Inside
Daily Shampoo Floors Carpet High /Outside Facility Services Upholstered Stripped Cleaning Dusting Window Total Annual Cost Furniture and Above&'
Waxed Cleaning
City Hall 5 4 4 4 2 2 $28,374.47
City Hall
West 5 4 4 4 2 2 $14,591.70
Public 4 4 4 4 2 2 Works Yard $7,700.30
Parks and
Recreation 5 4 4 4 2 2 $7,700.30
Pico Rivera 4 4 4 2 2 Library $33,750.47
Rivera 5 4 4 4 2 2 Library $13,228.37
Total Contract $105,345.61
Amount
Total
contract
amount in One hundred five thousand three hundred forty five and 61/100 words
Attachment 5 Page 1 of 1
5 EXHIBIT A
EXHIBIT A
Enclosure 2
6b
Enclosure 3
6c
Enclosure 4
6d
To: Mayor and City Council
From: City Manager
Meeting Date: October 10, 2023
Subject: PICO RIVERA - MAJOR CORRIDORS MEDIAN AND
PARKWAY BEAUTIFICATION PROJECT NO. 50075, CCL5351(041) - AWARD OF CONTRACT Recommendation:
1. Approve the plans and specifications for the Pico Rivera - Major Corridors Median and Parkway Beautification Project No. 50075, CCL-5351(041);
2. Award a construction contract for a not-to-exceed amount of $6,606,822 to Urban Habitat for the Pico Rivera - Major Corridors Median and Parkway Beautification Project No. 50075, CCL-5351(041) and execute the contract in a form approved by the City Attorney;
3. Authorize the City Manager to process change orders, as needed, in an amount not-to-exceed $650,000 (approximately 10% of the total contract amount) for construction contingency;
4. Appropriate $100,000 from Prop A (Fund 205) to Account No. 205.70.7300.54500-50075;
5. Appropriate $200,000 from Prop C (Fund 206) to Account No. 206.70.7300.54500-50075;
6. Transfer $455,000 from Prop C Funds (Fund 206) from Account No. 206.70.7300.54500-50076 to Account No. 206.70.7300.54500-50075;
7. Appropriate $500,000 from Measure R (Fund 207) to Account No. 207.70.7300.54500-50075;
8. Appropriate $100,000 from Measure W (Fund 209) to Account No. 209.70.7300.54500-50075;
9. Transfer $500,000 from Lighting and Landscape District (LLD) (Fund 230) to the General Fund (Fund 100) and then transfer from the General Fund to the CIP 7 CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 10, 2023
PICO RIVERA-MAJOR CORRIDORS MEDIAN AND PARKWAY BEAUTIFICATION PROJECT (CIP NO. 50075); CCL-5351(041) - AWARD OF CONTRACT
Fund (Fund 400), and finally appropriate to Account No. 400.70.7300.54500- 50075. The City intends to utilize this fund to address the needs of this critical CIP; and
10.Approve the Notice of Exemption (NOE) for the subject project (Enclosure 2) and authorize the City Clerk to file the NOE with the County Recorder, in accordance with the California Environmental Quality Act (CEQA).
Fiscal Impact:
The fiscal year (FY) 2023-24 Adopted Budget includes funding for CIP No. 50075 in the amount of $6,071,557. The total project cost to complete the construction of the Pico Rivera - Major Corridors Median and Parkway Beautification Project No. 50075, CCL5351(041) is estimated at $7,926,557, as summarized below.
A budget amendment including the additional appropriation of $1,400,000 from various funds outlined in the following table which includes $455,000 to be transferred from the available surplus in Fund 206 (Prop C Funds) under CIP No. 50076. This funding is needed for the completion of construction, construction management, inspection services, design support, and project administration and contingency.
Budget Funding Source Estimated Budget
Original Project Budget:
Clean California Grant (Fund 699) $4,216,167
Capital Improvement Fund (Fund 400) $485,390
Measure R (Fund 207) $450,000
Proposition C (Fund 206) $920,000
Total Original Project Budget: $6,071,557
Additional Appropriation:
Lighting and Landscape District Fund (Fund 230) $500,000 Proposition A (Fund 205) $100,000
Measure R (Fund 207) $500,000
Measure W (Fund 209) $100,000
Proposition C (Fund 206) $200,000
Proposition C Transfer to CIP 50075 $455,000
Total Additional Appropriation: $1,855,000
Total Project Budget: $7,926,557
Discussion:
The California Department of Transportation (Caltrans) developed the Clean California Local Grant Program (CCLGP) to provide approximately $296 million to beautify and CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 10, 2023
PICO RIVERA-MAJOR CORRIDORS MEDIAN AND PARKWAY BEAUTIFICATION PROJECT (CIP NO. 50075); CCL-5351(041) - AWARD OF CONTRACT
improve local streets and roads, tribal lands, parks, pathways, transit centers, and other public spaces. In December 2021, the competitive statewide program issued a call for projects. Out of the approximately 329 applications received, the state approved a total of 105 local projects statewide. The list of awarded projects includes two (2) projects in the City of Pico Rivera: 1) the Major Corridors Median and Parkway Beautification Project, and 2) the Rosemead Boulevard Median and Parkway Beautification Project.
The grant estimated both projects to cost a total of $10,843,114, which includes $8,132,334 in grant funds and a 25% local match of $2,710,780. The following summarizes the current Total Funding Sources and Budget:
Budget Funding Source Rosemead
Blvd
Major
Corridors Total
Original Project Budget:
Clean California Grant (Fund 699) $ 3,916,167 $ 4,216,167 $ 8,132,334 Capital Improvement Fund (Fund 400) $ 455,390 $ 485,390 $ 940,780 Proposition C (Fund 206) $ 850,000 $ 920,000 $ 1,770,000 Total Funding: $ 5,221,557 $ 5,621,557 $ 10,843,114
On June 28, 2022, the City Council approved a resolution authorizing the Director of Public Works to execute agreements with the California Department of Transportation (Caltrans) for the Major Corridors Median and Parkway Beautification Project and Rosemead Boulevard Median and Parkway Beautification Project (Project).
On June 9, 2023, and June 16, 2023, the Notice Inviting Bids (NIB) was advertised in the Los Cerritos Newspaper and was posted on Planet Bids through the City’s website.
On July 17, 2023, two (2) bids were received which were substantially over the engineer’s estimate by more than 50%. Due to the low bid participation and lack of competitive unit prices, the City Council authorized staff to reject all bids, re-evaluate the project, and re-advertise for construction.
On August 18, 2023, the Notice Inviting Bids (NIB) was re-advertised in the Los Cerritos Newspaper and was posted on Planet Bids through the City’s website. On September 14, 2023, three (3) bids were received.
The following summarizes the bids received:
Construction Company Bid Amount
Urban Habitat $6,606,821.89
Griffith Company $8,263,128.00
Environmental Construction, Inc. $8,756,135.14
CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 10, 2023
PICO RIVERA-MAJOR CORRIDORS MEDIAN AND PARKWAY BEAUTIFICATION PROJECT (CIP NO. 50075); CCL-5351(041) - AWARD OF CONTRACT
Staff completed the analysis of the bids and determined Urban Habitat to be the apparent lowest and responsible bidder. Staff has verified Urban Habitat’s references and found their past performance on jobs of similar size and scope to be satisfactory.
Urban Habitat has performed work for the City of Santa Clarita and City of La Quinta.
Their bid proposal, bonds, contractor’s license, and insurance documents are in order.
The anticipated schedule for the Project is as follows:
• Award Construction.…………………. October 2023
• Start Construction ...…………………. December 2023
• Complete Construction …………...… November 2024
Construction Management/Inspection Contract
A Request for Task Proposals (RFTP) was sent to pre-qualified firms under the on-call construction management and inspection services agreements to provide construction management and inspection services. Prior to the start of construction, a consulting firm will be selected based on their proposals, qualifications, project and implementation plan, and cost.
The total estimated project budget is summarized as follows:
Project Expenditures Amount
Design $320,000
Construction $6,607,000
Contingency (10%) $650,000
Construction Management and Inspection $320,000
Project Administration $29,557
Total Estimated Project Cost $7,926,557
Environmental Analysis:
The project has been reviewed for environmental compliance. Pursuant to the California Environmental Quality Act (CEQA) guidelines, the Project is categorically exempt under Section 15302 Class 1(c) for existing facilities (Enclosure 2).
Conclusion:
Staff recommends awarding a construction contract to Urban Habitat for a not-toexceed amount of $6,606,822. Additionally, authorize the City Manager to process change orders, as needed, in an amount not-to-exceed $650,000 in contingency (approximately 10% of the total contract amount) to complete the project. Lastly, amend the fiscal year 2023-24 Adopted Budget by transferring $455,000 from Prop C funds CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 10, 2023
PICO RIVERA-MAJOR CORRIDORS MEDIAN AND PARKWAY BEAUTIFICATION PROJECT (CIP NO. 50075); CCL-5351(041) - AWARD OF CONTRACT
(Fund 206) Account No. 206.70.7300-54500.CIP50076 and authorize the additional appropriation in the amount of $1,400,000, detailed on page 2, for a total project budget of $7,926,557 needed to complete the Project.
Steve Carmona
SC:NN:GE:NC:np
Enclosures: 1) Construction Contract
2) Notice of Exemption
CITY OF PICO RIVERA CONTRACT FOR
PICO RIVERA - MAJOR CORRIDORS MEDIAN AND PARKWAY BEAUTIFICATION PROJECT NO. 50075, CCL-5351(041)
THIS CONTRACT (“Contract”) is made and entered this 10th day of October 2023 (“Effective Date”), by and between the CITY OF PICO RIVERA, a California municipal corporation (“City”) and Urban Habitat, a California corporation (“Contractor”) (each individually referred to as a “Party” or collectively as “Parties”). The Contractor’s California State Contractor’s license number is 963744. 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 the Contract Documents, the more specific or stringent provision shall govern. City shall decide which option is 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 (“Work”) for the Project identified as Pico Rivera – Major Corridors Median And Parkway Beautification Project No. 50075, CCL-5351(041) (“Project”), as 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 Six Million Six Hundred Six Thousand Eight Hundred Twenty-One and 89/100 Dollars ($6,606,821.89). 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 Engineer.
3.2 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 7 of the Standard Specifications, as modified by Section 7 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 Enclosure 1
7a
Contract Agreement No. _______
URBAN HABITAT
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 Limited Notice to Proceed. The City shall issue the “Limited Notice to Proceed” for the Contractor to fulfill preconstruction requirements and order materials. The date specified in the Limited Notice to Proceed does not constitute the date of commencement of the Contract Time. The Contract Time does not include the time necessary to fulfill preconstruction requirements and place the order for materials.
The Limited Notice to Proceed shall further specify that the Contractor must complete the preconstruction requirements and order materials within __10___ Working Days after the date of commencement 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)
• Submitting and obtaining approval of critical required submittals • Installation of the approved Project Identification Signs • Obtaining an approved no fee Encroachment Permit
• Obtaining permits from outside agencies
• Obtaining a Temporary Use Permit for a construction yard • Notifying all agencies, utilities, residents, etc., as outlined in the Contract Documents • Potholing of existing utilities which have potential conflicts with underground improvements (water and electrical conduit and sleeves, signal pole foundations and other underground work specified on the Contract Plans)
4.2 Notice to Proceed with Construction. After all preconstruction requirements are met and materials have been ordered in accordance with the Limited Notice to Proceed, 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 170 working days as part of the Contract Time to complete construction of the Project.
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. Clean California Local Grant Program.
Contract Agreement No. _______
URBAN HABITAT
6.1 General. This Project is funded by a Grant from the California Department of Transportation (“Caltrans”) Clean California Local Grant Program (“CCLGP”). Contractor must comply with any applicable rules or regulations required by the CCLGP Grant and the Contract Documents. A copy of the CCLPG Grant to the City is attached at Appendix II of the Contract Documents and more information regarding the CCLGP may be found at https://cleancalifornia.dot.ca.gov/local-grants/local-grant-program .
6.2 Payment and Invoicing. Contractor shall establish and maintain an accounting system that properly accumulates and segregates incurred Project costs by line and shall conform to Generally Accepted Accounting Principals (“GAAP") and any requirements. By entering into this Contract, Contractor agrees that: (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual Project cost items; and (b) Contractor shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards to the extent applicable. Any travel and per diem reimbursements, if allowed under this Agreement will be allowable as Project costs only after those costs are incurred and paid for by the Contractor and subcontractors.
6.3 Iran Contracting Act. Contractor must submit to CALTRANS the Iran Contracting Act Certification certifying that it is not on the most current DGS list of Entities Prohibited from Contracting with Public Entities in California per the Iran Contracting Act, 2010 (https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-ListFolder/List-of-Ineligible-Businesses), before the Contract has been executed, unless Contractor is exempted from the certification requirement by Public Contract Code Section 2205(c) or (d). If claiming an exemption, the proposed Contractor shall provide written evidence that supports an exemption under Public Contract Code Section 2203(c) or (d) before execution of the Agreement.
6.4 Non-Discrimination Clause. During the performance of this Contract, Contractor and its subcontractors shall not deny the Contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor shall also comply with the provisions of the Fair Employment and Housing Act (Gov. Code Sections 12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Sections 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1,Division 3, Title 2 of the Government Code (Gov. Code Sections 11135-11139.5), and the regulations or standards adopted by CALTRANS to implement such article. Contractors shall permit access by representatives of the Department of Fair Employment and Housing and CALTRANS upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CALTRANS shall require to ascertain compliance with this clause.
Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. Contractor Contract Agreement No. _______
URBAN HABITAT
shall include the nondiscrimination and compliance provisions of this clause in all subcontracts with its subcontractors and shall include a requirement in all agreements with all of same that each of them in turn include the non-discrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under this Contract.
6.5 Retention of Records/Audits. Contractor agrees to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Contractor and its subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of Contractor and its subcontractors shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of Contractor and its subcontractors connected with Project performance under this Agreement shall be maintained for a minimum of three (3) years from the date of final payment and shall be held open to inspection, copying, and audit by representatives of the City, CALTRANS, the California State Auditor, and auditors representing the federal government.
Copies thereof will be furnished by Contractor and its subcontractors upon receipt of any request made by CALTRANS or its agents. In conducting an audit of the costs and match credits claimed under the CCLGP, CALTRANS will rely to the maximum extent possible on any prior audit of the City pursuant to the provisions of State and City law. In the absence of such an audit, any acceptable audit work performed by City’s external and internal auditors may be relied upon and used by CALTRANS when planning and conducting additional audits. For the purpose of determining compliance with applicable State and City law in connection with the performance of CITY’s contracts with third parties pursuant to Government Code Section 8546.7, CITY, CITY’s sub-recipients, contractors, subcontractors, and CALTRANS, shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced Parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to CITY under this Contract.
CALTRANS, the California State Auditor, or any duly authorized representative of CALTRANS or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to a Project for audits, examinations, excerpts, and transactions, and CITY shall furnish copies thereof if requested. CITY, its subrecipients, contractors, and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other City of the State of California designated by CALTRANS, for the purpose of any investigation to ascertain compliance with the CCLGP. Additionally, all grants may be subject to a pre-award audit prior to execution of this Contract to ensure CITY has an adequate financial management system in place to accumulate and segregate reasonable, allowable and allocable costs. Any contract with a subcontractor entered into as a result of this Contract shall contain the provisions of this subsection.
6.6 Ownership of Intellectual Property. Any Artrwork or Inventions as defined by Sections 31-33 of the CCLGP developed under this Contract shall be the sole property of the City.
Contractor agrees to comply with the requirements of Sections 31-33 of the CCLGP and require any subcontractors to conform these sections as well. Contractor shall agree to avoid designing or developing any items that infringe one (1) or more patents or other intellectual property rights Contract Agreement No. _______
URBAN HABITAT
of any third party. If Contractor becomes award of any such possible infringement in the course of performing any Work under this Contract, Contractor shall immediately notify City in writing.
6.7 Environmental Hazards. In addition to, and not a limitation of, Contractor’s indemnification obligations contained elsewhere in this Agreement, Contractor hereby assumes all risks of the consequences of exposure of Contractor’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement. Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind or origin.
Contractor also agrees to take all appropriate safety precautions to prevent any such exposure to Contractor’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. Contractor also agrees to indemnify and hold harmless CALTRANS, the State of California, and each and all of their officers, agents and employees, from any and all claims and/or losses accruing or resulting from such exposure.
Except as provided by law, Contractor also agrees that the provisions of this paragraph shall apply regardless of the existence or degree of negligence or fault on the part of CALTRANS, the State of California, and/or any of their officers, agents and/or employees.
6.8 Mandatory Organic Waste Recycling. It is understood and agreed that pursuant to Public Resources Code Sections 42649.8 et seq., if Contractor generates two (2) cubic yards or more of organic waste or commercial solid waste per week, Contractor shall arrange for organic waste or commercial waste recycling services that separate/source organic waste for organic waste recycling. Contractor shall provide proof of compliance, i.e. organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling, upon request from CALTRANS Contract Manager.
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. In accordance with Labor Code Section 1770 et seq., the Project is a “public work.” The selected Bidder (Contractor) and any Subcontractors shall pay wages in accordance with the general prevailing wage determinations by the State of California Department of Industrial Relations (DIR). Copies of those rates are on file with the Director of Public Works and are available to any interested party upon request. The Contractor shall post a copy of the DIR’s determination of the prevailing rate of per diem wages at each job site. This Project is subject to compliance monitoring and enforcement by the DIR.
Contract Agreement No. _______
URBAN HABITAT
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 subcontractor 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 subcontractor 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 subcontractor 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 8 California Code of Regulation 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 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 shall issue a change order per Section 7-4 of the General Provisions. (c) That, 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 Contract Agreement No. _______
URBAN HABITAT
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 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 subcontractor 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, 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 subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. (Labor Code § 1813).
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 subcontractors, 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 Contract Agreement No. _______
URBAN HABITAT
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 Codes Sec. 1776 and shall report such records directly to the California Labor Commissioner as required by Labor Code Sec. 1771.4. The Contractor shall inform the City of the location of the records enumerated under Labor Code Sec. 1776, including the street address, city, and county, and shall, within five 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 PRWA, 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 subcontractor from employing properly registered apprentices in the execution of the Contract.
Contractor is responsible for compliance with Labor Code section 1777.5 for all 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.
11.13 Urban Runoff. Contractor shall implement and maintain activity specific Best Management Practices (BMPs) to prevent pollutant loading from stormwater and non-stormwater discharges to receiving waters as required in Municipal NPDES Permit No. CAS004004.
Contracting staff whose primary job duties are related to implementation of BMPs shall be adequately trained to effectively implement, operate, and maintain such BMPs and must be versed in factors affecting BMP effectiveness. Contractor shall certify they have received all Contract Agreement No. _______
URBAN HABITAT
applicable training to implement the requirements in Municipal NPDES Permit No. CAS004004 and shall provide documentation to that effect.
12. Termination.
12.1. Termination for Convenience. The City may terminate this Contract, in whole or in part, with 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 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. 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.
14. 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 Contractor and has the authority to bind the Contractor to the performance of its obligations hereunder.
15. 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.
16. 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.
17. Independent Contractor. The Contractor is and shall at all times remain as to the City, Contract Agreement No. _______
URBAN HABITAT
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. 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.
18. 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 Engineer
To Contractor: Brett Brennan
Urban Habitat
P.O. Box 1177
La Quinta, CA 92247
19. 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.
20. 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. [Signatures on following page]
Contract Agreement No. _______
URBAN HABITAT
IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first above written.
CITY OF PICO RIVERA
By:
Erik Lutz, Mayor
ATTEST: APPROVED AS TO FORM:
By: By:
Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney Dated:
(“CONTRACTOR”)
By:
NAME TITLE
By:
NAME TITLE
PROOF OF AUTHORITY TO BIND
CONTRACTING PARTY REQUIRED
Enclosure 2
7b
To: Mayor and City Council
From: City Manager
Meeting Date: October 10, 2023
Subject: ROSEMEAD BOULEVARD MEDIAN AND PARKWAY
BEAUTIFICATION PROJECT NO. 50076, CCL-5351(042) -
AWARD OF CONTRACT
Recommendation:
1. Approve the plans and specifications for the Rosemead Boulevard Median and Parkway Beautification Project No. 50076, CCL-5351(042);
2. Award a construction contract for a not-to-exceed amount of $4,025,413 to Urban Habitat for the Rosemead Boulevard Median and Parkway Beautification Project No. 50076, CCL-5351(042) and execute the contract in a form approved by the City Attorney;
3. Authorize the City Manager to process change orders, as needed, in an amount not-to-exceed $550,000 (approximately 13% of the total contract amount) for construction contingency;
4. Amend the fiscal year (FY) 2023-24 adopted budget by appropriating $155,000 from Prop A (Fund 205) to Account No. 205.70.7300.54500-50076;
5. Amend the fiscal year (FY) 2023-24 adopted budget by appropriating $200,000 in Measure W (Fund 209) to Account No. 209.70.7300.54500-50076; and
6. Approve the Notice of Exemption (NOE) for the subject project (Enclosure 2) and authorize the City Clerk to file the NOE with the County Recorder, in accordance with the California Environmental Quality Act (CEQA).
Fiscal Impact:
The fiscal year (FY) 2023-24 Adopted Budget includes funding for CIP No. 50076 in the amount of $5,346,557. The total project cost to complete the construction of the Rosemead Boulevard Median and Parkway Beautification Project No. 50076, CCL5351(042) is estimated at $5,246,557, as summarized in the table below. 8 CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 10, 2023
ROSEMEAD BOULEVARD MEDIAN AND PARKWAY BEAUTIFICATION PROJECT (CIP NO. 50076); CCL-5351(042) - AWARD OF CONTRACT
A budget amendment with the additional appropriation of $355,000, $155,000 from available and unappropriated Prop A (Fund 205) and $200,000 from Measure W (Fund 209), is being requested to fund the eligible items allowed by these funding sources, such as new bus shelter amenities (Prop A) and bioswales (Measure W). This allows the transfer of excess Prop C funds (Fund 206) in the amount of $455,000 to CIP No. 50075 needed to fully fund the Major Corridors Median and Parkway Beautification Project. The new appropriation(s) and transfer will facilitate the completion of construction, construction management, inspection services, design support, project administration, and contingency for the Project.
Budget Funding Source Estimated Budget
Original Project Budget:
Clean California Grant (Fund 699) $3,916,167
Capital Improvement Fund (Fund 400) $455,390
Proposition C (Fund 206) $975,000
Total Original Project Budget: $5,346,557
Additional Appropriation:
Proposition A (Fund 205) $155,000
Measure W (Fund 209) $200,000
Proposition C Transfer to CIP 50075 ($455,000)
Total Additional Appropriation: ($100,000)
Total Project Budget: $5,246,557
Discussion:
The California Department of Transportation (Caltrans) developed the Clean California Local Grant Program (CCLGP) to provide approximately $296 million to beautify and improve local streets and roads, tribal lands, parks, pathways, transit centers, and other public spaces. In December 2021, the competitive statewide program issued a call for projects. Out of the approximately 329 applications received, the state approved a total of 105 local projects statewide. The list of awarded projects includes two (2) projects in the City of Pico Rivera: 1) the Major Corridors Median and Parkway Beautification Project, and 2) the Rosemead Boulevard Median and Parkway Beautification Project.
The grant estimated both projects to cost a total of $10,843,114, which includes $8,132,334 in grant funds and a 25% local match of $2,710,780. [Space intentionally left blank]
CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 10, 2023
ROSEMEAD BOULEVARD MEDIAN AND PARKWAY BEAUTIFICATION PROJECT (CIP NO. 50076); CCL-5351(042) - AWARD OF CONTRACT
The following summarizes the current Total Funding Sources and Budget:
Budget Funding Source Rosemead
Blvd
Major
Corridors Total
Original Project Budget:
Clean California Grant (Fund 699) $ 3,916,167 $ 4,216,167 $ 8,132,334 Capital Improvement Fund (Fund 400) $ 455,390 $ 485,390 $ 940,780 Proposition C (Fund 206) $ 850,000 $ 920,000 $ 1,770,000 Total Funding: $ 5,221,557 $ 5,621,557 $ 10,843,114
On June 28, 2022, City Council approved a resolution authorizing the Director of Public Works to execute agreements with the California Department of Transportation (Caltrans) for the Major Corridors Median and Parkway Beautification Project and Rosemead Boulevard Median and Parkway Beautification Project (Project).
On June 9, 2023, and June 16, 2023, the Notice Inviting Bids (NIB) was advertised in the Los Cerritos Newspaper and was posted on Planet Bids through the City’s website.
On July 17, 2023, two bids were received which were substantially over the engineer’s estimate by more than fifty percent (50%). Due to the low bid participation and lack of competitive unit prices, the City Council authorized to reject all bids, re-evaluate the project and re-advertise for construction.
On August 18, 2023, the Notice Inviting Bids (NIB) was re-advertised in the Los Cerritos Newspaper and was posted on Planet Bids through the City’s website. On September 14, 2023, three bids were received. The following summarizes the bids received:
Construction Company Bid Amount
Urban Habitat $4,025,413
Griffith Company $5,456,545
Nationwide Contracting Services $5,492,859
Environmental Construction, Inc. $6,229,387
Staff completed the analysis of the bids and determined Urban Habitat to be the apparent lowest and responsible bidder. Staff has verified Urban Habitat’s references and found their past performance on jobs of similar size and scope to be satisfactory.
Urban Habitat has performed work for the City of Santa Clarita and City of La Quinta.
Their bid proposal, bonds, contractor’s license, and insurance documents are in order.
The anticipated schedule for the Project is as follows:
• Award Construction.…………………. October 2023
• Start Construction ...…………………. December 2023
• Complete Construction …………...… November 2024
CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 10, 2023
ROSEMEAD BOULEVARD MEDIAN AND PARKWAY BEAUTIFICATION PROJECT (CIP NO. 50076); CCL-5351(042) - AWARD OF CONTRACT
Construction Management/Inspection Contract
A Request for Task Proposals (RFTP) was sent to pre-qualified firms under the on-call construction management and inspection services agreements, to provide construction management and inspection services. Prior to the start of construction, a consulting firm will be selected based on their proposals, qualifications, project and implementation plan, and cost.
The total estimated project budget is summarized as follows:
Project Activity Cost
Design $270,000
Construction $4,025,500
Contingency (13%) $550,000
Construction Management and Inspection $320,000
Project Administration $81,057
Total Estimated Project Cost $5,246,557
Environmental Analysis:
The project has been reviewed for environmental compliance. Pursuant to the California Environmental Quality Act (CEQA) guidelines, the Project is categorically exempt under Section 15302 Class 1(c) for existing facilities (Enclosure 2).
Conclusion:
Staff recommends awarding a construction contract to Urban Habitat for a not-toexceed amount of $4,025,413. Additionally, authorize the City Manager to process change orders, as needed, in an amount not-to-exceed $550,000 in contingency (approximately 13% of the total contract amount) to complete the Project. Lastly, amend the fiscal year 2023-24 adopted budget by transferring $455,000 in Prop C Funds (Fund 206) from CIP 50076 to Account No. 206.70.7300-54500.CIP50075 and authorize the additional appropriation in the amount of $355,00 in Prop A (Fund 205) and Measure W (Fund 209) to complete funding for the Project.
Steve Carmona
SC:NN:GE:NC:np
Enclosures: 1) Construction Contract
2) Notice of Exemption
CITY OF PICO RIVERA CONTRACT FOR
ROSEMEAD BOULEVARD MEDIAN AND PARKWAY BEAUTIFICATION
PROJECT NO. 50076, CCL-5351(042)
THIS CONTRACT (“Contract”) is made and entered this 10th day of October 2023 (“Effective Date”), by and between the CITY OF PICO RIVERA, a California municipal corporation (“City”) and Urban Habitat, a California corporation (“Contractor”) (each individually referred to as a “Party” and collectively as “Parties”). The Contractor’s California State Contractor’s license number is 963744.
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 the Contract Documents, the more specific or stringent provision shall govern. City shall decide which option is 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 (“Work”) for the project identified as Rosemead Boulevard Median And Parkway Beautification Project No. 50076, CCL-5351(042) (“Project”), as 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 Million Twenty-Five Thousand Four Hundred Twelve and 55/100 Dollars ($4,025,412.55). 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 Engineer.
3.2 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 7 of the Standard Specifications, as modified by Section 7 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 monies 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 Enclosure 1
8a
Contract Agreement No. _______
URBAN HABITAT
in this state as the escrow agent, who shall then pay those monies to the Contractor. Upon satisfactory completion of the contract, the securities shall be returned to the Contractor.
4. Contract Time.
4.1 Limited Notice to Proceed. The City shall issue the “Limited Notice to Proceed” for the Contractor to fulfill preconstruction requirements and order materials. The date specified in the Limited Notice to Proceed does not constitute the date of commencement of the Contract Time. The Contract Time does not include the time necessary to fulfill preconstruction requirements and place the order for materials.
The Limited Notice to Proceed shall further specify that the Contractor must complete the preconstruction requirements and order materials within __10___ Working Days after the date of commencement 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)
• Submitting and obtaining approval of critical required submittals • Installation of the approved Project Identification Signs • Obtaining an approved no fee Encroachment Permit
• Obtaining permits from outside agencies
• Obtaining a Temporary Use Permit for a construction yard • Notifying all agencies, utilities, residents, etc., as outlined in the Contract Documents • Potholing of existing utilities which have potential conflicts with underground improvements (water and electrical conduit and sleeves, signal pole foundations and other underground work specified on the Contract Plans)
4.2 Notice to Proceed with Construction. After all preconstruction requirements are met and materials have been ordered in accordance with the Limited Notice to Proceed, 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 170 working days as part of the Contract Time to complete construction of the Project.
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. Clean California Local Grant Program.
Contract Agreement No. _______
URBAN HABITAT
6.1 General. This Project is funded by a Grant from the California Department of Transportation (“Caltrans”) Clean California Local Grant Program (“CCLGP”). Contractor must comply with any applicable rules or regulations required by the CCLGP Grant and the Contract Documents. A copy of the CCLPG Grant to the City is attached at Appendix II of the Contract Documents and more information regarding the CCLGP may be found at https://cleancalifornia.dot.ca.gov/local-grants/local-grant-program .
6.2 Payment and Invoicing. Contractor shall establish and maintain an accounting system that properly accumulates and segregates incurred Project costs by line and shall conform to Generally Accepted Accounting Principals (“GAAP") and any requirements. By entering into this Contract, Contractor agrees that: (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual Project cost items; and (b) Contractor shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards to the extent applicable. Any travel and per diem reimbursements, if allowed under this Agreement will be allowable as Project costs only after those costs are incurred and paid for by the Contractor and subcontractors.
6.3 Iran Contracting Act. Contractor must and submit to CALTRANS the Iran Contracting Act Certification certifying that it is not on the most current DGS list of Entities Prohibited from Contracting with Public Entities in California per the Iran Contracting Act, 2010 (https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-ListFolder/List-of-Ineligible-Businesses), before the Contract has been executed, unless Contractor is exempted from the certification requirement by Public Contract Code Section 2205(c) or (d). If claiming an exemption, the proposed Contractor shall provide written evidence that supports an exemption under Public Contract Code Section 2203(c) or (d) before execution of the Agreement.
6.4 Non-Discrimination Clause. During the performance of this Contract, Contractor and its subcontractors shall not deny the Contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor shall also comply with the provisions of the Fair Employment and Housing Act (Gov. Code Sections 12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Sections 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code Sections 11135-11139.5), and the regulations or standards adopted by CALTRANS to implement such article. Contractors shall permit access by representatives of the Department of Fair Employment and Housing and CALTRANS upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CALTRANS shall require to ascertain compliance with this clause.
Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. Contractor Contract Agreement No. _______
URBAN HABITAT
shall include the nondiscrimination and compliance provisions of this clause in all subcontracts with its subcontractors and shall include a requirement in all agreements with all of same that each of them in turn include the non-discrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under this Contract.
6.5 Retention of Records/Audits. Contractor agrees to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Contractor and its subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of Contractor and its subcontractors shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of Contractor and its subcontractors connected with Project performance under this Agreement shall be maintained for a minimum of three (3) years from the date of final payment and shall be held open to inspection, copying, and audit by representatives of the City, CALTRANS, the California State Auditor, and auditors representing the federal government.
Copies thereof will be furnished by Contractor and its subcontractors upon receipt of any request made by CALTRANS or its agents. In conducting an audit of the costs and match credits claimed under the CCLGP, CALTRANS will rely to the maximum extent possible on any prior audit of the City pursuant to the provisions of State and City law. In the absence of such an audit, any acceptable audit work performed by City’s external and internal auditors may be relied upon and used by CALTRANS when planning and conducting additional audits. For the purpose of determining compliance with applicable State and City law in connection with the performance of CITY’s contracts with third parties pursuant to Government Code Section 8546.7, CITY, CITY’s sub-recipients, contractors, subcontractors, and CALTRANS, shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All the above referenced Parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to CITY under this Contract. CALTRANS, the California State Auditor, or any duly authorized representative of CALTRANS or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to a Project for audits, examinations, excerpts, and transactions, and CITY shall furnish copies thereof if requested. CITY, its subrecipients, contractors, and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other City of the State of California designated by CALTRANS, for the purpose of any investigation to ascertain compliance with the CCLGP. Additionally, all grants may be subject to a pre-award audit prior to execution of this Contract to ensure CITY has an adequate financial management system in place to accumulate and segregate reasonable, allowable and allocable costs. Any contract with a subcontractor entered into as a result of this Contract shall contain the provisions of this subsection.
6.6 Ownership of Intellectual Property. Any Artrwork or Inventions as defined by Sections 31-33 of the CCLGP developed under this Contract shall be the sole property of the City.
Contractor agrees to comply with the requirements of Sections 31-33 of the CCLGP and require any subcontractors to conform these sections as well. Contractor shall agree to avoid designing or developing any items that infringe one (1) or more patents or other intellectual property rights Contract Agreement No. _______
URBAN HABITAT
of any third party. If Contractor becomes aware of any such possible infringement in the course of performing any Work under this Contract, Contractor shall immediately notify City in writing.
6.7 Environmental Hazards. In addition to, and not a limitation of, Contractor’s indemnification obligations contained elsewhere in this Agreement, Contractor hereby assumes all risks of the consequences of exposure of Contractor’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement. Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind or origin.
Contractor also agrees to take all appropriate safety precautions to prevent any such exposure to Contractor’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. Contractor also agrees to indemnify and hold harmless CALTRANS, the State of California, and each and all of their officers, agents and employees, from any and all claims and/or losses accruing or resulting from such exposure.
Except as provided by law, Contractor also agrees that the provisions of this paragraph shall apply regardless of the existence or degree of negligence or fault on the part of CALTRANS, the State of California, and/or any of their officers, agents and/or employees.
6.8 Mandatory Organic Waste Recycling. It is understood and agreed that pursuant to Public Resources Code Sections 42649.8 et seq., if Contractor generates two (2) cubic yards or more of organic waste or commercial solid waste per week, Contractor shall arrange for organic waste or commercial waste recycling services that separate/source organic waste for organic waste recycling. Contractor shall provide proof of compliance, i.e. organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling, upon request from CALTRANS Contract Manager.
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. In accordance with Labor Code Section 1770 et seq., the Project is a “public work.” The selected Bidder (Contractor) and any Subcontractors shall pay wages in accordance with the the general prevailing wage determinations by the State of California Department of Industrial Relations (DIR). Copies of those rates are on file with the Director of Public Works and are available to any interested party upon request. The Contractor shall post a copy of the DIR’s determination of the prevailing rate of per diem wages at each job site. This Project is subject to compliance monitoring and enforcement by the DIR.
Contract Agreement No. _______
URBAN HABITAT
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 subcontractor 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 subcontractor 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 subcontractor 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 8 California Code of Regulation 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 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 shall issue a change order per Section 7-4 of the General Provisions. (c) That, in the event a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contract Agreement No. _______
URBAN HABITAT
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 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 subcontractor 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, 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 subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. (Labor Code § 1813).
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 subcontractors, 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 Contract Agreement No. _______
URBAN HABITAT
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 Codes Sec. 1776 and shall report such records directly to the California Labor Commissioner as required by Labor Code Sec. 1771.4. The Contractor shall inform the City of the location of the records enumerated under Labor Code Sec. 1776, including the street address, city, and county, and shall, within five 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 PRWA, 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 subcontractor from employing properly registered apprentices in the execution of the Contract.
Contractor is responsible for compliance with Labor Code section 1777.5 for all 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.
11.13 Urban Runoff. Contractor shall implement and maintain activity specific Best Management Practices (BMPs) to prevent pollutant loading from stormwater and non-stormwater discharges to receiving waters as required in Municipal NPDES Permit No. CAS004004.
Contracting staff whose primary job duties are related to implementation of BMPs shall be adequately trained to effectively implement, operate, and maintain such BMPs and must be versed in factors affecting BMP effectiveness. Contractor shall certify they have received all Contract Agreement No. _______
URBAN HABITAT
applicable training to implement the requirements in Municipal NPDES Permit No. CAS004004 and shall provide documentation to that effect.
12. Termination.
12.1. Termination for Convenience. The City may terminate this Contract, in whole or in part, with 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 to 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 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. 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.
14. 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 Contractor and has the authority to bind the Contractor to the performance of its obligations hereunder.
15. 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.
16. 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.
17. Independent Contractor. The Contractor is and shall at all times remain as to the City, a Contract Agreement No. _______
URBAN HABITAT
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. 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.
18. 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 Engineer
To Contractor: Brett Brennan
Urban Habitat
P.O. Box 1177
La Quinta, CA 92247
19. 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.
20. 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. [Signatures on following page]
Contract Agreement No. _______
URBAN HABITAT
IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first above written.
CITY OF PICO RIVERA
By:
Erik Lutz, Mayor
ATTEST: APPROVED AS TO FORM:
By: By:
Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney Dated:
(“CONTRACTOR”)
By:
NAME TITLE
By:
NAME TITLE
PROOF OF AUTHORITY TO BIND
CONTRACTING PARTY REQUIRED
Enclosure 2
8b
To: Mayor and City Council
From: City Manager
Meeting Date: October 10, 2023
Subject: AWARD CONSTRUCTION CONTRACT TO MBC
ENTERPRISE, INC. – TEEN CENTER RENOVATION
PROJECT (CIP NO. 50100)
Recommendation:
1. Award a construction contract for a not-to-exceed amount of $799,115 to MBC Enterprises, Inc. for the Teen Center Renovation Project, CIP No. 50100; 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 $79,912 for construction contingencies;
3. Authorize the transfer of $200,000 from the General Fund designated balance for the Teen Center Project to the Capital Improvement Program (CIP) Fund and the appropriation of $200,000 to the Teen Center Renovation Construction Project;
4. Authorize the transfer of $242,088 from the Teen Center Renovation Design Project to the Teen Center Renovation Construction Project;
5. Approve an amendment to the fiscal year (FY) 2023-24 Annual Action Plan in the amount of $28,211 from the Teen Center Renovation Design Project for a total of $348,812 of Community Development Block Grant (CDBG) funds allocated for the Teen Center Renovation Construction Project; and
6. Authorize the transfer of $161,789 from the General Fund designated fund balance of $6,000,000 for the Smith Park Aquatic Center to the CIP Fund and the appropriation of $161,789 to the Teen Center Renovation Construction Project. 9 CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 10, 2023 AWARD CONSTRUCTION CONTRACT TO MBC ENTERPRISE, INC. – TEEN CENTER RENOVATION PROJECT (CIP NO. 50100)
Fiscal Impact:
The FY 2023-24 Adopted Budget includes $320,601 in Community Development Block Grant Funding allocated for the Teen Center Renovation -Construction Project (CIP No. 50100).
On April 12, 2022, the City Council approved an appropriation of $200,000 from the FY 2020-21 General Fund Year-End Surplus for the Teen Center. Upon approval, $200,000 will be transferred from Account No. 100.98.9800-57800 to 400.00.0000- 47900 and then appropriate to Account No. 400.70.7310-54500-CIP. 50100.
The FY 2023-24 Adopted Budget also includes $92,088 in State of California grant funding, $150,000 in Capital Improvement Project Funding, and $28,211 in the CDBG Grant Funding for the Teen Center Renovation Design (CIP No. 50034). Upon approval, $92,088 of State of California grant funding will be transferred from Account No. 699.70.7300-54500-CIP 50034 to Account No. 699.70.7300-54500-CIP.50100, $150,000 from Capital Improvement Project Funding Account No. 400.70.7310-54500- CIP 50034 will be transferred to Account No. 400.70.7310-54500-CIP.50100), and $28,211 in CDBG Grant Funding will be transferred from Account No. 280.70.7300- 54500-CIP 50034 to Account No. 280.70.7300-54500-CIP.50100 for the Teen Center Renovation Project-Construction.
On May 9, 2023, the City Council approved designating $6,000,000 for the Smith Park Aquatic Center Project (CIP No. 50043). As staff actively seeks additional grant funding and anticipates some grant awards, staff recommends transferring $161,789 of the designation to the Teen Center Renovation Construction Project. Upon approval, $161,789 will be transferred from Account No. 100.98.9800-57800 to 400.00.0000- 47900 and then appropriate to Account No. 400.70.7310-54500-CIP. 50100.
To minimize the impact on the General Fund, the City will comprehensively analyze the CDBG fund. If any funding can be identified for the Teen Center Project, it will be allocated for this project once approved by the U.S. Department of Housing and Urban Development and the City Council.
Background:
The Teen Center located at 4632 Orange Street has been closed to the public since 2000 due to water damage along the north and south walls. Originally built as a residential home in 1976, the Teen Center has housed other services prior to being deeded over to the City in 2006. Since City ownership in 2006, water has seeped into the walls over time along the joints between the roof and the wall, but the extent of the water damage was not discovered until the interior drywall was removed. During the Covid-19 pandemic, the Teen Center was closed, as were all other facilities. However, CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 10, 2023 AWARD CONSTRUCTION CONTRACT TO MBC ENTERPRISE, INC. – TEEN CENTER RENOVATION PROJECT (CIP NO. 50100)
because of the water damage, the Teen Center had to remain closed. Staff began to investigate the next steps to determine what it would take to reopen the facility.
Due to the magnitude of required repairs, the Public Works Department determined that professional Architect/Engineer (A-E) services would be needed to develop a plan to remedy these deficiencies. On October 14, 2022, a Request for Proposal (RFP) was advertised in the Los Cerritos Newspaper. On January 24, 2023, Dahlin Group, Inc. was awarded the design contract. Under this contract, the Dahlin Group provides design and construction support services to repair the Teen Center. The contract included project management; site inspection; preliminary engineering; final engineering; preparing plans, specifications, and estimates (PS&E); assisting with project advertisement; and providing construction support.
During the design process, several additional facility needs were identified as important to be remedied and incorporated into the project. These improvements include redesigning of existing restroom facilities to meet ADA standards, designing services to develop and present several color and material options for various floors, interior and exterior walls, ceilings, acoustic attenuation design in the main room, and to conduct environmental testing to determine if the facility had asbestos and/or mold. It was necessary to modify Agreement No. 23-2155 and increase the design budget to incorporate these items into the final design. On May 9, 2023, Amendment No. 1 to Agreement No. 23-2155 was approved by City Council.
Discussion:
On July 21, 2023, the Notice Inviting Bids (NIB) was advertised in the Los Cerritos Newspaper, posted on Planet Bids, and advertised through the City’s website. On August 16, 2023, three (3) bids were received via the City’s PlanetBids Project listing and opened by City staff for review.
The following is the bid summary:
Construction Company Bid Amount
Global Builders, Inc. Non-Responsive
Kal Best Contractor, Inc. Non-Responsive
MBC Enterprises, Inc. $799,115.00
CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 10, 2023 AWARD CONSTRUCTION CONTRACT TO MBC ENTERPRISE, INC. – TEEN CENTER RENOVATION PROJECT (CIP NO. 50100)
The revised total project budget for Fiscal Year 2023-24 is summarized as follows:
Project Funding by Source
Design -
CIP 50034
Construction -
CIP 50010 Total
Original Project Budget:
General Fund (Fund 100) $ 200,000 $ 200,000
CDBG (Fund 280) $ 107,476 $ 320,601 $ 428,077
Capital Improvement Fund (Fund 400) $ 150,000 $ - $ 150,000 State Grants (Fund 699) $ 92,088 $ - $ 92,088
Total: $ 349,564 $ 520,601 $ 870,165
Revisions:
CDBG (Fund 280) $ (28,211) $ 28,211 $ -
Capital Improvement Fund (Fund 400) $ (150,000) $ 150,000 $ - State Grants (Fund 699) $ (92,088) $ 92,088 $ -
General Fund (Fund 100) $ 161,789 $ 161,789
Total: $ 79,265 $ 952,689 $ 1,031,954
Revised Project Budget:
General Fund (Fund 100) $ 361,789 $ 361,789
CDBG (Fund 280) $ 79,265 $ 348,812 $ 428,077
Capital Improvement Fund (Fund 400) $ - $ 150,000 $ 150,000 State Grants (Fund 699) $ - $ 92,088 $ 92,088
Total: $ 79,265 $ 952,689 $ 1,031,954
Project Expenditures Estimated Budget
Design $79,265
Construction $799,115
Construction Contingencies (10%) $79,912
Construction Management & Inspection Services $50,000
Project Management $23,662
TOTAL PROJECT EXPENDITURES: $1,031,954
Upon evaluation of the bids, it was discovered that Global Builders, Inc., and Kal Best Contractor, Inc.’s bid proposals did not include the required Declaration of Intent to Comply with the Section 3 Requirements form at the time of bid, deeming both Global Builders, Inc. and Kal Best Contractor, Inc.’s proposals non-responsive.
Subsequently, staff determined MBC Enterprises, Inc., to be the lowest responsive and responsible bidder. Staff has verified MBC Enterprises, Inc.’s references and found CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 10, 2023 AWARD CONSTRUCTION CONTRACT TO MBC ENTERPRISE, INC. – TEEN CENTER RENOVATION PROJECT (CIP NO. 50100)
their past performance on jobs of similar size and scope to be satisfactory. They performed related work for municipalities including, but not limited to Long Beach City College District, Santa Ana Unified School District, Long Beach Unified School District, Department of the Army, and Pittsburg Unified School District. Their 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 …………..… October 2023
• Start Construction ………………. November 2023
• Complete Construction …………December 2023/January 2024
Construction management and inspection services will be provided by the City’s Engineering Division staff or on-call staff augmentation consultants from the Department of Public Works.
Conclusion:
Staff recommends awarding a construction contract to MBC Enterprises, Inc., in a notto-exceed $799,115 and authorizing the City Manager to execute the contract (Enclosure 1) in a final form approved by the City Attorney. Additionally, staff recommends authorizing the City Manager or his designee to process change orders as needed in an amount not to exceed $79,912 for project contingencies.
As additional funding is required to complete the project, staff also recommends transferring $200,000 from the General Fund designated fund balance for the Teen Center Project to the CIP Fund and appropriating the amount to the project, transferring $270,299 from the Teen Center Renovation Design Project to the Teen Center Renovation Construction Project, and transferring of $161,789 from the General Fund designated fund balance for the Smith Park Aquatic Center Project to the CIP Fund and appropriating the amount to the Teen Center Renovation Construction Project.
Steve Carmona
SC:PY:MP
Enclosures: 1) Contract Agreement
2) Bid Schedule
CONSTRUCTION CONTRACT AGREEMENT
BETWEEN THE CITY OF PICO RIVERA AND MBC ENTERPRISES, INC.
SENIOR CENTER RESTROOMS ADA IMPROVEMENTS PROJECT
(CIP NO. 50100)
THIS CONTRACT (“Contract”) is made and entered this 5th day of October, 2023 (“Effective Date”), by and between the CITY OF PICO RIVERA, a California municipal corporation (the “CITY”) and MBC Enterprises., a California corporation (the “CONTRACTOR”). The CONTRACTOR’s California State CONTRACTOR’s license number is 105671 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 Teen Center Renovation Project (“Work”); Project No. 50100 (“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 Seven Hundred Ninety-Nine Thousand, One Hundred Fifteen Dollars and 00/100 Cents ($799,115) (“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:
Enclosure 1
9a
Contract Agreement
MBC ENTERPRISES, INC.
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 60 Calendar 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 Calendar 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
MBC ENTERPRISES, INC.
• 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
MBC ENTERPRISES, INC.
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
MBC ENTERPRISES, INC.
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).
11.10 Hazardous Materials and Unknown Conditions. CONTRACTOR shall notify Contract Agreement
MBC ENTERPRISES, INC.
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 apprenticeable occupations. This statute requires that CONTRACTORs and sub- Contract Agreement
MBC ENTERPRISES, INC.
CONTRACTORs 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 CONTRACTOR and has the authority to bind the CONTRACTOR to the performance of its obligations hereunder.
Contract Agreement
MBC ENTERPRISES, INC.
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
MBC ENTERPRISES, INC.
To CONTRACTOR: Rudy Sultan, President
MBC Enterprises, Inc.
16601 Gothard St. Ste G.
Huntington Beach, CA 92647
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
MBC ENTERPRISES, INC.
“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”
MCE ENTERPRISES, INC.,
a California corporation
Dated: By:
Rudy Sultan, President
By:
PROOF OF AUTHORITY TO BIND
CONTRACTING PARTY REQUIRED
Enclosure 2
9b
799,115 799,115
799,115
SEVEN HUNDRED NINETY NINE THOUSAND ONE HUNDRED FIFTEEN DOLLARS
X
XX
X
X
X
XXX
X
X
XXX
X
X
X
X
X
X
X
X
X
X
X
WORKER’S COMPENSATION CERTIFICATION
I certify, by signature below, that I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
Date: ________________ Project Number: ________________________ Project Name: ____________________________________________________________ Company Name: __________________________________________________________ Address: _______________________________________________________________ Print Name: ______________________________________________________________ Title: __________________________________________________________________ Signature: _______________________________________________________________ 08/16/2023
YOUTH CENTER RENOVATION
MBC ENTERPRISES INC.
16601 GOTHARD ST STE G, HUNTINGTON BEACH CA 92647
RUDY SULTAN
PRESIDENT
BA20221111062
Entity Details
Corporation Name MBC ENTERPRISES, INC.
Entity No. 2873390
Formed In CALIFORNIA
Street Address of Principal Office of Corporation
Principal Address 16601 GOTHARD ST
SUITE G
HUNTINGTON BEACH, CA 92647
Mailing Address of Corporation
Mailing Address 16601 GOTHARD ST.
SUITE G
HUNTINGTON BEACH, CA 92647
Attention Rudy Sultan
Street Address of California Office of Corporation
Street Address of California Office 16601 GOTHARD ST.
SUITE G
HUNTINGTON BEACH, CA 92647
Officers
Officer Name Officer Address Position(s)
RUDY SULTAN 8631 UNIVERSE AVENUE
WESTMINSTER, CA 92683
Chief Executive Officer, Secretary, Chief Financial Officer Additional Officers
Officer Name Officer Address Position Stated Position
None Entered
Directors
The number of vacancies on Board of Directors is: 0
Director Name Director Address
Rudy Sultan 8631 Universe Avenue
Westminster, CA 92683
Agent for Service of Process
Agent Name RUDY SULTAN
Agent Address 8631 UNIVERSE AVENUE
WESTMINSTER, CA 92683
Type of Business
Type of Business MBC ENTERPRISES INC.
Email Notifications
Opt-in Email Notifications Yes, I opt-in to receive entity notifications via email.
Labor Judgment
STATE OF CALIFORNIA
Office of the Secretary of State
STATEMENT OF INFORMATION
CORPORATION
California Secretary of State
1500 11th Street
Sacramento, California 95814
(916) 653-3516
B1241-7170 11/10/2022 3:37 PM Received by California Secretary of State
For Office Use Only
-FILEDFile No.: BA20221111062
Date Filed: 11/10/2022
No Officer or Director of this Corporation has an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law, for which no appeal therefrom is pending, for the violation of any wage order or provision of the Labor Code.
Electronic Signature
By signing, I affirm that the information herein is true and correct and that I am authorized by California law to sign.
Rudy Sultan
Signature
11/10/2022
Date
B1241-7171 11/10/2022 3:37 PM Received by California Secretary of State
CSLB Lic. 1050671 A – B
SB – WOSB – DBE – SBE
DIR # 1000064318
C. 714.709.6565 F. 714.587.9030 [email protected] www.mbcenterprises.net
RUDY SULTAN
PRESIDENT
1050671
YOUTH CENTER RENOVATION
TBD
TBD
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
GOOD OF THE ORDER