Agenda packet — Pico Rivera City Council, February 13, 2024 (part 2 of 6)

Discussion:

On approximately May 17, 2023, a sink hole developed at the intersection of Paramount Boulevard and Mines Avenue during one of Southern California’s 2023 rainstorms.

Staff conducted an inspection of the existing City-owned storm drain system and verified that an 18-inch oval corrugated metal pipe (CMP) had collapsed. Public Works staff contacted its emergency on-call contractor to temporarily patch the existing 18-inch CMP and repair the street to eliminate the safety hazard.

There are two (2) 24-inch by 14-inch CMP storm drains that carry water from Mines Avenue and Paramount Boulevard to the adjacent Rio Hondo Spreading Grounds.

These storm drains were constructed of the same CMP materials and were installed in the 1950’s prior to the City’s incorporation. It is staff’s observation that over time, the topography, age, material of pipeline, standing waters and flooding have contributed to the corrosion of the CMP bottom and side walls, leaving the pipelines in the intersection susceptible to collapse and in need of rehabilitation.

On August 9, 2023 staff received a bid from Vortex Services, LLC for an amount of $131,147 consistent with the Houston-Galveston Area Council (H-GAC) Agreement.

Vortex Services, LLC has past experience of working in the City for a similar scope of work (on CIP No. 50040, Pico Vista Storm Drain Lining Project) which proved to be successful.

On December 8, 2023, Public Works contractors cleaned and inspected the storm drain lines via close circuit television (CCTV) to confirm the condition of the pipelines and to determine the appropriate repair to the storm drain. Based on the video inspection, staff recommend repairing the existing CMP storm drain lines by a cured-in-place pipe (CIPP) trenchless rehabilitation method. The process of CIPP involves inserting and running a felt liner into a pre-existing pipe that is the subject of repair. Resin within the liner is then exposed to a curing element to make it attach to the inner walls of the pipe. Once fully cured, the lining now acts as a new pipeline.

To complete improvements prior to future rainstorms, staff recommend awarding a Construction Contract following piggybacking procedures under the Pico Rivera Municipal Code (PRMC) 3.20.030.D.3. Staff will piggyback from the Cooperative Purchasing Program Agreement between H-GAC and Vortex Services, LLC for construction of the Project. The City’s piggyback purchasing policy exemption Code subsection (D) of section 3.20.030 provides an exemption to competitive bidding when a purchase is made by, through, or in concert with another public agency provided the other public agency makes such purchase in accordance with the state laws or local rules and regulations governing such purchase for the other public agency.

CITY COUNCIL AGENDA REPORT – MEETING OF FEBRUARY 13, 2024 MINES AVENUE STORM DRAIN IMPROVEMENTS PROJECT (CIP NO. 50114) –

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Furthermore, the City would like this work to be completed in concurrence with the Pico Rivera Regional Bikeway Project, CIP 21280.

The anticipated project schedule is as follows:
• Award Construction……………... February 2024
• Start Construction……………….. March 2024
• Complete Construction…………. April 2024
The total estimated project budget and estimated expenditures are summarized as follows:

Project Budget Amount
Measure W – Fund 209 (FY 2023-2024) Appropriation $230,000 TOTAL PROJECT BUDGET: $230,000
Project Expenditures Amount
Project Administration $59,153
Construction $131,147
Contingency $19,700
Construction Management & Inspection $20,000
TOTAL ESTIMATED PROJECT EXPENDITURES $230,000
Environmental Analysis:

Pursuant to the guidelines from the California Environmental Quality Act (CEQA), the project is categorically exempt under Class 1(c) for the repair of existing facilities.

Conclusion:

Staff recommend award of a Construction Contract to Vortex Services, LLC for an amount not-to-exceed $131,147, authorize the City Manager to execute the contract, authorize the City Manager or designee to process change orders, as needed, in an amount not-to-exceed $19,700 for construction contingency (approximately 15% of the total contract amount), amend the FY 2023-24 budget and authorize the appropriation CITY COUNCIL AGENDA REPORT – MEETING OF FEBRUARY 13, 2024 MINES AVENUE STORM DRAIN IMPROVEMENTS PROJECT (CIP NO. 50114) –

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of $230,000 in Measure W funds to Account No. 209.70.7300-54500-50114; and approve a Notice of Exception in accordance with CEQA.

Steve Carmona
SC:NN:AR:KG:ll
Enclosure: 1) Construction Contract

CITY OF PICO RIVERA

MAINTENANCE SERVICES AGREEMENT
THIS MAINTENANCE SERVICES AGREEMENT (“Agreement”) is made and entered into as of February 13, 2024, by and between the CITY OF PICO RIVERA, a California municipal corporation (“City”) and Vortex Services, LLC a California Corporation (“Contractor”). Contractor’s license number is 774055 (A, B, C10, C31)0; Contractor’s DIR registration number is 100008879.

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

1. Scope of Services. Contractor shall perform the work and provide all labor, materials, equipment and services in a good and workmanlike manner for the project identified as Mines Ave Storm Drain Improvements Project, CIP 50114, Project (“Project”), as described in this Agreement, the Scope of Work attached hereto as Exhibit A, and incorporated herein by this reference, the Contractor’s Proposal dated August 9, 2023, also included in Exhibit A, and the Houston-Galveston Area Council Cooperative Agreement attached hereto as Exhibit B, and incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and the incorporated documents, the terms of this Agreement shall control.

2. Extra Work. Extra work, when ordered in writing by the Director of Public Works and accepted by Contractor, shall be paid for in accordance with the terms of the written work order. Payment for extra work will be made at the unit price or lump sum previously agreed upon in writing between Contractor and the Director of Public Works. All extra work shall be adjusted daily upon the report sheet furnished by Contractor, prepared by the Director of Public Works, and signed by both parties; and the daily report shall be considered thereafter the true records of extra work done.

3. Term. This Agreement shall become effective on the date first set forth above and shall remain in effect until the tasks described herein are completed to City’s approval, but in no event later than December 31, 2024, unless sooner terminated pursuant to Section 12 of this Agreement. Additionally, there shall be three one-year options to renew the Agreement with the mutual written consent of both parties. If not renewed prior to the anniversary date, this Agreement may continue on a month-to-month basis under the same terms and conditions as this Agreement for a maximum period not to exceed six months or until renewed or awarded to a new contractor, whichever is less.

4. Time of Performance.

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

Enclosure 1
7a
Maintenance Services Agreement

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

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

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

7. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a fee not to exceed One Hundred Seventy-Seven Thousand Eight Hundred Ten Dollars ($177,810.00), in accordance with the prices as submitted in Exhibit B.

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

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

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

10. Audit. City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its billings to City as a condition precedent to any payment to Contractor. Contractor will promptly furnish documents requested by City. Additionally, Contractor shall be subject to State Auditor examination and audit at the request of City or as part of any audit of City, for a period of three years after final payment under this Agreement.

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and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters.

All claims arising out of or related to this Agreement, and the consideration and payment of such clams, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Agreement hereby incorporates those provisions as though fully set forth herein.

Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 904 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable.

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

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

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

13. Indemnification.

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losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by or court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
2) Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees.

Contractor shall indemnify and hold City harmless from any failure of Contractor to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2.
3) Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 13 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties.

B. Workers’ Compensation Acts Not Limiting. Contractor’s indemnifications and obligations under this Section 13, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Contractor Maintenance Services Agreement

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expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

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

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

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

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

14. Insurance Requirements for City of Pico Rivera Public Works Contract.

A. Minimum Scope and Limits of Insurance. Contractor shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of $2,000,000.00 per occurrence for bodily injury, personal injury and property damage, a general aggregate limit of $2,000,000.00 per project or location and $5,000,000 umbrella or excess liability. If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $2,000,000.00 per accident for bodily injury and property damage. If Contractor does not use any owned, non-owned or hired vehicles in the performance of Services Maintenance Services Agreement

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under this Agreement, Contractor shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under subparagraph A.1) of this Section 14. 3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Contractor has no employees while performing Services under this Agreement, a workers’ compensation policy is not required, but Contractor shall execute a declaration that it has no employees.

B. Acceptability of Insurers. The insurance policies required under this Section 15 shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide.

Self-insurance shall not be considered to comply with the insurance requirements under this Section 14.

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

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

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

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

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

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notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.

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

Contractor shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor.

I. Evidence of Insurance. Prior to the performance of Services under this Agreement, Contractor shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section 14. The endorsements are subject to City’s approval.

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

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

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

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

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

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Contractor. This shall be in addition to all other legal options available to the City to enforce the insurance requirements.

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

15. Antitrust Claims. Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to this Agreement. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.

16. Familiarity with Work.

A. By executing this Agreement, Contractor represents that it has 1) Thoroughly investigated and considered the scope of services to be performed;
2) Carefully considered how the services should be performed; and 3) Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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then pay those moneys to the Contractor. Upon satisfactory completion of the Agreement, the securities shall be returned to the Contractor.

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

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

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

30. Non-Assignability; Subcontracting. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Contractor shall not assign or transfer any interest in this Agreement nor any part thereof, whether by assignment or novation, without City’s prior written consent. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of present ownership and/or control of Contractor. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. Any purported assignment without written consent shall be null, void, and of no effect; and Contractor shall hold harmless, defend and indemnify City and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from or relating to any unauthorized assignment. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder with the express consent of the City.

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

32. Attorneys’ Fees and Costs. If either party to this Contract is required to initiate or defend or made a party to any action or proceeding in any way connected with this Maintenance Services Agreement

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

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

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

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

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

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

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

Maintenance Services Agreement

VORTEX SERVICES, LLC

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

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

To City:

Noe Negrete, P.E.

Public Works Director
City of Pico Rivera
6615 Passons Blvd
Pico Rivera, CA 90660
To Contractor:

Ryan Graham, President
Vortex Services, LLC
4801 Crystal Hill Rd.

North Little Rock, AR 72118

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

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

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

Maintenance Services Agreement

VORTEX SERVICES, LLC

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CITY OF PICO RIVERA
By: _______________________________
Steve Carmona, City Manager
ATTEST:

By: ______________________________
Cynthia Ayala, City Clerk
APPROVED AS TO FORM:

By: ______________________________
Arnold M. Alvarez-Glasman, City Attorney

CONTRACTOR
___________________________________
___________________________________
By: _______________________________
Printed Name: ______________________
Title: _____________________________
By: _______________________________
Printed Name: ______________________
Title: _____________________________
Exhibit A

EXHIBIT A
Scope of Work and Contractor’s Proposal
January 29, 2024
Adrian Rodriguez
City of Pico Rivera
[email protected]
Proposal: City of Pico Rivera, CA – Mines Ave. Storm Drain Rehabilitation HGAC Contract No. TP07-18
Vortex Services, LLC is pleased to offer the following proposal to provide CIPP rehabilitation of the designated storm drain pipes outlined below. Our proposal is based upon correspondence with your team via email, on-site visits, and phone. The CIPP rehab included in this proposal is for CMP storm drains with approx. diameters of 18” X 216’, 75’ & 120’.

Item
No. Description Qty Unit Unit Price Total
A30 18” – Clean and TV Storm Sewer 411 LF $ 13.80 $ 5,671.80 C6 18” X 9.0mm Steam/Water Cure 411 LF $ 78.20 $ 32,140.20 C43 15” – 18” CIPP Set-up Charge per LF 411 LF $ 12.00 $ 4,932.00 C66 15” – 21” Setup Charge (<300 LF) per Setup 3 EA $ 1,500.00 $ 4,500.00 O11 Barricades, Signs, and Traffic Handling
per Setup 3 EA $ 3,500.00 $ 10,500.00
O12 Traffic Control Plan per Setup 3 EA $ 2,500.00 $ 7,500.00 - Trash Capture Devices 1 LS $ 6,706.56 $ 6,706.56
- Confined Space Entry & Equipment 1 LS $ 14,196.00 $14,196.00 P31 Travel and Mobilization – California 1 EA $ 45,000.00 $ 45,000.00 TOTAL = $ 131,146.56
Pricing is INCLUSIVE of:
x Provide pre-work submittal
x Confined Space Entry Procedures & Equipment
x Prevailing wage / certified payroll, if required
x Traffic Control Permits, Plans, Outside TC services
x High velocity of pipeline prior to lining 2-3 passes
x Installation of CIPP liner to 9mm thickness
x Final video inspection
This pricing does NOT INCLUDE the cost for the following:
x Bypass Pumping
x BMP’s, Survey and staking, preparing as-builts
x Removal of mineral or other hard deposits, lining over active infiltration, root removal x Traffic Control exceeding signs or cones
x 3rd party testing or testing other than spark (holiday) testing x Non-weather related delays
x Site clearing or excavation
x Site Restoration
x Permits, fees, surveys, or biological monitoring
General Notes & Conditions:
x Site access to be determined by physical inspection
x Customer/Owner to provide access to potable water supply x Pricing valid for 30 days
x Quantities are subject to field verification
Thank you for the opportunity to offer you this proposal. Should you have any questions or require additional information, please do not hesitate to contact me.

Sincerely,
Ryan Graham
Vortex Services, LLC
C: (281) 639-3237
[email protected]
Exhibit B

EXHIBIT B
Houston-Galveston Area Council
Cooperative Contract

Exhibit C

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EXHIBIT C
Terms for Compliance with California Labor Law Requirements

1. Contractor acknowledges that the project as defined in this Agreement between Contractor and City, to which this Agreement to Comply with California Labor Law Requirements is attached and incorporated by reference, is a “public work” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”), and that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. Contractor shall perform all work on the project as a public work.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the effective date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Contractor or any subcontractor cease to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Contractor’s services are subject to compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations.

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.

Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.

6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.

7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to (1) keep accurate Exhibit C

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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 has ten 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.

8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects.

Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. Contractor acknowledges that eight hours labor constitutes a legal day’s work.

Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

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

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subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.

Contractor shall diligently take corrective action to halt or rectify any failure.

12. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor’s expense with counsel reasonably acceptable to the City) the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Contractor under this Section shall survive termination of the Agreement.

Exhibit D

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EXHIBIT D

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

WHEREAS the City of PICO RIVERA (“Public Agency”), State of California, has awarded to (“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

Mines Ave Storm Drain Improvents Project, CIP 50114
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of ___________________ ($___________), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Exhibit D

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Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

IN WITNESS WHEREOF, two identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:
“Principal”
By:

Its:
“Surety”
By:

Its:
(Seal) (Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

To: Mayor and City Council
From: City Manager
Meeting Date: February 13, 2024
Subject: AWARD OF PROFESSIONAL SERVICES AGREEMENT
TO BRIGHTVIEW LANDSCAPE SERVICES, INC. FOR

LANDSCAPE MAINTENANCE SERVICES
Recommendation:

1. Award a Professional Services Agreement to BrightView Landscape Services Inc. to provide landscape maintenance services for City-owned parks, facilities, parkways, and center medians for an annual amount of approximately $348,240 and a not-to-exceed $696,472 for a term of two (2) years, and with a month-tomonth option, not-to-exceed one year;

2. Authorize the City Manager or designee to process change orders in an amount not-to-exceed 10% of the total agreement, as needed, up to $69,648 for contingency purposes; and

3. Authorize the City Manager to execute the agreement in a form approved by the City Attorney, including any amendments to exercise the one-year extension at the same monthly cost.

Fiscal Impact:

The fiscal year (FY) 2023-24 Adopted Budget includes an available amount of $116,100 for landscape maintenance services within Account No. 100.40.4032-54500 (Contracted Services) and Account No. 100.40.4030-54645 (Median Island Maintenance). No additional appropriations are necessary at this time. The approximate $348,240 annual cost for the landscape maintenance services will be appropriately budgeted for the subsequent years.

Discussion:

The Public Works Department, Field Operations Division, is responsible for landscape maintenance services for all parks, public facilities, parkways, parkettes, and raised center median islands. The current vendor is Mariposa Landscape Inc. On October 23, 2023, a Request for Bids (RFB) was published on the Planet Bids platform for 8 CITY COUNCIL AGENDA REPORT – MEETING OF FEBRUARY 13, 2024

AWARD OF PROFESSIONAL SERVICES AGREEMENT TO BRIGHTVIEW
LANDSCAPE SERVICES, INC. FOR LANDSCAPE MAINTENANCE SERVICES

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landscape maintenance services. A total of eight (8) proposals were received by the bid closing date on November 29, 2023. In the RFB, staff included additional City-owned landscape locations that were not included in the previous landscape maintenance contract such as parkways, raised center medians, and frontage roads that are currently being maintained by City staff.

The following bids were received:

Contractor Total Bid (2-years)
BrightView Landscape Services, Inc. $696,471.36
Mariposa Landscape, Inc. $719,112.24
DMS Facilities Services, Inc. $768,960.00
Greentech Landscape, Inc. $833,880.00
CG Landscape, Inc. $899,614.80
Parkwood Landscape Maintenance, Inc. $930,648.00
North Star Land Care $1,123,209.60
SGD Enterprises $1,254,360.00
Landscape maintenance services requested in the RFB include, but are not limited to, pruning and trimming shrubs and ground cover plants, control weeds, mow and edge turf grass, removal of leaves, trash, and debris, inspect, maintain, and repair all irrigation systems.

BrightView Landscape Services, Inc. was the lowest responsive and responsible bidder.

Staff has verified BrightView’s references and found their past performance of work of similar size and scope to be satisfactory. BrightView’s bid and insurance documents are in order and their contractor’s license is current.

Conclusion:

Staff recommends award of a two-year Professional Services Agreement to BrightView Landscape Services, Inc. for landscape maintenance services (with a month-to-month option not-to-exceed one (1) year) for an annual amount not-to-exceed $348,240, and authorize the City Manager to approve change orders, as needed, in an amount not-toexceed $69,468 (approximately 10% of the total contract amount) for contingency purposes. Pending approval by the City Council, landscape maintenance services are scheduled to begin on March 1, 2024.

Steve Carmona
SC:NN:JG:ll
CITY COUNCIL AGENDA REPORT – MEETING OF FEBRUARY 13, 2024

AWARD OF PROFESSIONAL SERVICES AGREEMENT TO BRIGHTVIEW
LANDSCAPE SERVICES, INC. FOR LANDSCAPE MAINTENANCE SERVICES

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Enclosures: 1) Professional Services Agreement
2) Request for Bids for Landscape Maintenance Services

CITY OF PICO RIVERA

MAINTENANCE SERVICES AGREEMENT
THIS MAINTENANCE SERVICES AGREEMENT (“Agreement”) is made and entered into as of March 1, 2024, by and between the CITY OF PICO RIVERA, a California municipal corporation (“City”) and BrightView Landscape Services Inc., a California Corporation (“Contractor”). Contractor’s license number is 266211 (C27); Contractor’s DIR registration number is 1000005364.

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

1. Scope of Services. Contractor shall perform the work and provide all labor, materials, equipment and services in a good and workmanlike manner for the project identified as citywide landscape maintenance services (“Project”), as described in this Agreement, the Scope of Work attached hereto as Exhibit A, and incorporated herein by this reference, and Contractor’s Proposal dated November 29, 2023, a copy of which is attached hereto as Exhibit B and incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and the incorporated documents, the terms of this Agreement shall control.

3. Term. This Agreement shall become effective on the date first set forth above and shall remain in effect until the tasks described herein are completed to City’s approval, but in no event later than February 28, 2026, unless sooner terminated pursuant to Section 12 of this Agreement. Additionally, there shall be one-year option to renew the Agreement with the mutual written consent of both parties, which may be terminated at will by the City with thirty days prior notice.

4. Time of Performance.

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

Enclosure 1
8a
Maintenance Services Agreement
BRIGHTVIEW LANDSCAPE SERVICES INC.

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

7. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a fee not to exceed Twenty-Nine Thousand and Twenty Dollars ($29,020.00) per month, in accordance with the prices as submitted in Exhibit B.

11. Unresolved Disputes. In the event of any dispute or controversy with City over any matter whatsoever, Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor Maintenance Services Agreement
BRIGHTVIEW LANDSCAPE SERVICES INC.

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shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters.

13. Indemnification.

A. Indemnities for Third Party Claims.
1) To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, Maintenance Services Agreement
BRIGHTVIEW LANDSCAPE SERVICES INC.

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which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by or court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
2) Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees.

Maintenance Services Agreement
BRIGHTVIEW LANDSCAPE SERVICES INC.

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

14. Insurance Requirements for City of Pico Rivera Public Works Contract.

A. Minimum Scope and Limits of Insurance. Contractor shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of $2,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $2,000,000.00 per project or location. If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $2,000,000.00 per accident for bodily injury and property damage. If Contractor does not use any owned, non-owned or hired vehicles in the performance of Services under this Agreement, Contractor shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under subparagraph A.1) of this Section 14. 3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per Maintenance Services Agreement
BRIGHTVIEW LANDSCAPE SERVICES INC.

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accident for bodily injury or disease. If Contractor has no employees while performing Services under this Agreement, a workers’ compensation policy is not required, but Contractor shall execute a declaration that it has no employees.

Self-insurance shall not be considered to comply with the insurance requirements under this Section 14.

H. City Remedy for Noncompliance. If Contractor does not maintain the policies of insurance required under this Section 14 in full force and effect during the term Maintenance Services Agreement
BRIGHTVIEW LANDSCAPE SERVICES INC.

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of this Agreement, or in the event any of Contractor’s policies do not comply with the requirements under this Section 14, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Contractor’s expense, the premium thereon.

Contractor shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor.

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

Maintenance Services Agreement
BRIGHTVIEW LANDSCAPE SERVICES INC.

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16. Familiarity with Work.

Maintenance Services Agreement
BRIGHTVIEW LANDSCAPE SERVICES INC.

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20. Prevailing Wages. City and Contractor acknowledge that this project is a public work to which prevailing wages apply. Contractor shall comply in all respects with all Maintenance Services Agreement
BRIGHTVIEW LANDSCAPE SERVICES INC.

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applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated herein by this reference.

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

26. Contractor’s Representations. Contractor represents, covenants and agrees that:
a) Contractor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in this Agreement; b) there are no obligations, commitments, or impediments of any kind that will limit or prevent its full performance under this Agreement; c) there is no Maintenance Services Agreement
BRIGHTVIEW LANDSCAPE SERVICES INC.

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litigation pending against Contractor, and Contractor is not the subject of any criminal investigation or proceeding; and d) to Contractor’s actual knowledge, neither Contractor nor its personnel have been convicted of a felony.

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

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

29. Non-Assignability; Subcontracting. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Contractor shall not assign or transfer any interest in this Agreement nor any part thereof, whether by assignment or novation, without City’s prior written consent. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of present ownership and/or control of Contractor. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. Any purported assignment without written consent shall be null, void, and of no effect; and Contractor shall hold harmless, defend and indemnify City and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from or relating to any unauthorized assignment. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder with the express consent of the City.

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

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

Maintenance Services Agreement
BRIGHTVIEW LANDSCAPE SERVICES INC.

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

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

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

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

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

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

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

39. Notice. Except as otherwise required by law, any notice or other communication authorized or required by this Agreement shall be in writing and shall be deemed received Maintenance Services Agreement
BRIGHTVIEW LANDSCAPE SERVICES INC.

Page 13 of 14 ends

on (a) the day of delivery if delivered by hand or overnight courier service during Contractor’s or City’s regular business hours or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses listed below, or at such other address as one party may notify the other:

To City:

Steve Carmona
City Manager
City of Pico Rivera
6615 Passons Blvd
Pico Rivera, CA 90660
To Contractor:

The address listed in Exhibit B.

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

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

IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year first above written.
[Signatures begin on next page]
Maintenance Services Agreement
BRIGHTVIEW LANDSCAPE SERVICES INC.

Page 14 of 14 ends

CITY OF PICO RIVERA
By: _______________________________
Steve Carmona, City Manager
ATTEST:

By: ______________________________
Cynthia Ayala, City Clerk
APPROVED AS TO FORM:

By: ______________________________
Arnold M. Alvarez-Glasman, City Attorney

CONTRACTOR
BRIGHTVIEW LANDSCAPE SERVICES INC.

By: _______________________________
Printed Name: ______________________
Title: _____________________________
Exhibit A

EXHIBIT A
Scope of Work

EXHIBIT A

SCOPE OF SERVICES
RFB 2023-PW02 Landscape Service

1.0 GENERAL CONDITIONS

1.1 The Contractor shall provide landscape maintenance services at thirty-four (34) locations citywide, including City Parks, Facilities, parkways, and raised center medians as listed in Attachment 3 Bid Form of the RFB. Contractor hereby acknowledges that before submitting the Bid for this Contract, Contractor has visited all existing areas to be maintained, verified the approximate size of the areas, noted for each park, and medians the proposed work, and informed themselves fully as to all conditions that might affect the work specified. Contractor shall not be relieved of liability under this Agreement, nor the City held liable, for any loss sustained by the Contractor, as a result of any variance between conditions referred to in this RFB and the actual conditions revealed during the examination of the locations of the proposed work.

1.2 Contractor shall furnish all labor, tools, materials, and equipment, except where otherwise specified, to provide landscape maintenance services as set forth in this Agreement.

1.3 The work shall be done in a thorough and workmanlike manner to the satisfaction of the Contact, or his authorized agent, and comply with all legal construction and landscape maintenance practices. The work areas shall be maintained at the level of service provided for in this Scope of Services at all times. If Contractor fails to meet the requirements of this Scope of Services, Contractor shall re-perform the work until this Scope’s requirements are met, and such reperformance shall be at no cost to the City.

1.4 Contractor shall have the duty to provide landscape maintenance of all Parks and raised center medians (parkways, facilities, and roadway slopes) according to each site schedule including, but not limited to, the following:
a) Prune, shape and trim shrubs, vines and ground cover plants. b) Control weeds.
c) Mow and edge turf grass and blow hardscape clean.
d) Perform general area clean-up, including the removal of leaves, trash, dog feces and other debris at designated locations.
e) Maintain all work sites in safe, attractive and usable conditions. f) Empty trash cans and remove litter at designated locations as listed in Attachment 3 Bid Form.
g) Inspect, maintain, and repair all irrigation systems monthly. (Park irrigation systems may have mainlines up to 8 inches in diameter).

1.5 Contractor shall perform a maintenance inspection, during daylight hours, of all areas.

1.6 Contractor shall complete and submit a monthly Site Inspection form and keep a monthly Site Inspection form and keep a monthly complaint log.

1.7 Contractor shall be available twenty-four (24) hours a day, seven (7) days a week to respond to all emergencies within two (2) hours of notification. (Emergencies that involve routine maintenance work included in these General Conditions shall not be compensated) EXHIBIT A Page 001 of 8

1.8 Turf Grass Care
a) Contractor shall mow all turf grass with adequately sharpened reel or rotary type mowers as to provide a smooth and even cut without tearing of the grass blades. b) The blade adjustment shall provide a uniform, level cut without ridges, depressions, or scalping.
c) All warm season turf grasses (Bermuda, St. Augustine) shall be cut at a (1) one inch height throughout the year.
d) Cool season turf grasses (Fescue, Bluegrass, Ryegrass) shall be cut at a two and one-half (2 ½) inch height throughout the year.
e) Turf grass mowing heights may be adjusted by the Contact during periods of turf grass renovations.
f) All turf clippings shall be picked up and removed to a legal dumping site prior to vacating the work site after each mowing.
g) Care shall be exercised to avoid depressions in the established grade from mowing when the soil is saturated.
h) Contractor shall submit, in writing, a mowing schedule within ten (10) days after the start of the maintenance. This mowing schedule will be approved by the Contact. i) All areas shall be mowed once every week.
j) Any alterations of the approved mowing schedule shall be submitted in writing to the Contact for approval prior to implementation.

1.9 Turf Grass Edging and Trimming
a) Turf grass edging and trimming shall be performed once every week. b) Edging of turf grass shall be performed with a power edger containing a steel blade. c) All turf grass adjacent to sidewalks, curbs, mowing strips, shrub beds, and where no improved surface exists, shall be edged in a neat uniform line. d) Trimming of turf grass shall be performed along walls, and around valve boxes, water meter boxes, backflow devices, trees, shrubs, or any structure located within the turf grass area. e) In areas where there is a mow curb, a six (6) inch barren strip shall be provided, and maintained, between turf grass and adjacent ground cover. Edging of turf grass and ground cover shall provide uniform delineation adjacent to this barren strip. f) Trimming of plant / turf material may be required around sprinklers to provide maximum irrigation coverage.
g) All clippings and trimmings shall be removed from the work site the same day work is preformed and prior to a Contractor vacating the work site. h) After mowing and edging is completed, all adjacent walkways and gutters shall be swept clean.
i) The mowing and edging of turf grass in a designated worksite with the timeframe indicated on the contract schedule will be considered on complete cycle. j) All trimming and clippings shall be disposed of at the corresponding park waste bin sites or the City Yard. The City pays for disposal of trimming and clippings. k) Where there is a pathway or sidewalk, all vegetation/landscaping and trees must be trimmed to provide a minimum of 8 feet (8') vertical clearance above the sidewalk/pathway at each location.

1.10 Weed Control
a) For the purpose of these specifications, a weed will be considered as “any undesirable or misplaced plant.”
b) All areas within the specified maintenance area, including but not limited to turf, grass, shrub and ground cover areas, planters, tree wells, drainage areas, parkways, slopes, raised center medians and hardscape area shall be kept free of weeds at all times. c) Weed removal shall consist of complete removal of all weeds, including top growth and roots, as the weeds appear.
d) Weed control shall be performed on a scheduled basis.

EXHIBIT A Page 002 of 8
e) Weeds shall be controlled either by hand, mechanical or chemical methods; however, the Contact may restrict the use of chemical weed control in certain areas.

1.11 Shrub Care
a) All shrubs growing in the work area shall be pruned 4 times annually to encourage healthy growth habits. Contractor will remove dead or damaged branches, to maintain natural shape. b) Shrubs shall be pruned with sharp pruning tools and no weed eaters. c) Shrubs shall be continually pruned, as necessary, to prevent encroachment of passageways, walks, streets, and views of signs. Shrubs shall be tapered to provide irrigation coverage and an aesthetically pleasing landscape.
d) All pruning cuts shall be one-quarter (1/4) inch above a node (bud). No projections or stubs shall be allowed to remain.
e) Contractor shall remove all clippings the same day shrubbery is pruned and prior to vacating the work site.
f) Pruning shall be done to maintain a well-groomed, laced-out appearance, and encourage air movement through the shrub.
g) Shearing or severe pruning shall not be permitted without prior written permission from the Contact.

1.12 Irrigation of Shrubs
a) All shrubs shall be adequately irrigated to maintain a healthy and attractive appearance. b) Irrigation run-off and overspray shall be minimized.

1.13 Shrub Replacement
a) All damaged, diseased (untreatable) or dead shrubs shall be replaced with the exact same species of plant and size of plant will be determined by the Contact or his authorized agent.

Contractor shall be responsible for the complete removal and replacement of shrubs lost due to the Contractor’s faulty maintenance or negligence, as determined by the Contact. b) Substitutions for any plant materials must have prior written approval by the Contact or Park Supervisor.
c) Original plans and specifications shall be consulted to determine correct identification of species.
d) All shrubs shall be guaranteed to live and remain in a healthy condition for no less than six (6) months from the date of installation, inspection and verification by the Contact. e) Trimming of ground cover may be required around sprinklers to provide maximum irrigation coverage
f) All clippings and trimmings shall be removed from the work site the same day work is performed and prior to the Contractor vacating the work site. g) After edging or trimming, the Contractor will sweep clean all adjacent sidewalks or gutters.

1.14 Ground Cover Irrigation
a) All ground cover areas shall be adequately irrigated to maintain a healthy and attractive appearance.
b) Irrigation run-off and overspray shall be minimized.

1.15 Empty Trash Cans / Litter Pick Up Services at Designated Locations a) Trash/Litter shall mean any debris within the park facility grounds area such as paper ½ inch or larger, cans, bottles, broken glass, limbs 8” inches or smaller in diameter, rocks, cigarette butts, etc., which is not intended to be present as part of the landscape, inclusive of entire project area including parking lots, sidewalks, walkways, curbs, hillsides, ditches, bleacher areas, playgrounds, basketball courts, dugouts.
b) Remove all trash, liter and accumulated debris from the work site. Trash removal will be for the location scheduled for the day’s work.
c) Pick up all areas including areas around bleachers, snack bars, ball fields, soccer fields, playgrounds, skate parks, restrooms and generally all areas of the facilities. Remove all trash, litter, and empty all trashcans.

EXHIBIT A Page 003 of 8
d) Trash should be taken and deposited in dumpsters located at the park sites. With park or city locations with no dumpsters, trash must be hauled off to an approved site. Trash in trashcans throughout parks must be emptied. If cans are overflowing contractors shall empty debris into dumpsters (this includes debris on the ground and in the can). If trash and debris is dumped next to dumpsters and enclosures, contractor shall try to put into the dumpster, if there is no room, it shall be hauled off the site.

1.16 Natural Areas
a) All natural areas shall be maintained in an existing state except for the following items which shall be performed on a weekly basis, at no additional cost to the City:
b) Remove all trash and debris, or other items to an approved site. c) Remove and/or repair any dead or broken branches or safety hazards within two (2) hours of identification or notification.

1.17 Park Facilities Maintenance Items
a) Inspect, maintain and repair all irrigation systems. (Park irrigation systems may have mainlines up to 8 inches in diameter)
b) Contractor shall perform a weekly maintenance inspection, during daylight hours, of all areas.

Such inspection shall be both visual and operational. It shall include, but not be limited to, the operations of all irrigation and/or other mechanical systems to check for proper condition and reliability.
c) Irrigation shall be done by the use of automatic sprinkler system where available and operable. However, failure of the existing irrigation system to provide full and proper coverage shall not relieve the Contractor of the responsibility to provide adequate irrigation with full and proper coverage to all areas in the works site. d) All areas receiving marginal coverage shall be irrigated by a portable irrigation method. The Contractor shall furnish all hoses, nozzles, sprinklers, etc., necessary to accomplish this supplemental irrigation.
e) Care shall be exercised to prevent a waste of water, erosion, and/or detrimental seepage into existing underground improvements or structures.
f) Water supplied by the City for irrigation may be Recycled Water, indicated by purple colorcoded sprinklers, valves, valve boxes, tags and signs. Contractor understands that Recycled water is not attended for human contact or consumption. g) Contractor accepts full responsibility for educating and monitoring its employees regarding safety issues related to the presence and use of Recycled Water.

1.18 Raised Center medians and parkways Maintenance Items a) Inspect, maintain and repair all irrigation systems. (Raised center medians irrigations systems may have main lines 4-6 inches in diameter).
b) Contractor shall perform a weekly maintenance inspection, during daylight hours, of all areas.

Such an inspection shall be both visual and operational. It shall include but not be limited to, the operations of all irrigation and / other mechanical systems to check for proper condition and reliability.
c) Irrigation shall be done by the use of automatic sprinkler system where available and operable. However, failure of the existing irrigation system to provide full and proper coverage shall not relieve the Contractor of the responsibility to provide adequate irrigation with full and proper coverage to all areas in the work site. d) All areas receiving marginal coverage shall be irrigated by a portable irrigation method. The Contractor shall furnish all hoses, nozzles, sprinklers, etc., necessary to accomplish this supplemental irrigation.
e) Care should be exercised to prevent a waste of water, erosion, and/or detrimental seepage into existing underground improvements or structures.
f) Water supplied by the City for irrigation may be Recycled Water, indicated by purple colorcoded sprinklers, bubblers, valves , valve boxes, tags and signs. Contractor understands that Recycled Water is not intended for human contact or consumption.

EXHIBIT A Page 004 of 8
g) Contractor accepts full responsibility for educating and monitoring its employees regarding safety issues related to the presence and use of Recycled water. h) Remove all litter from landscaped and hardscaped areas. i) All landscape and hardscaped areas shall be free from weeds. j) Hardscaped areas shall be cleaned once per year by method of steam/ pressure cleaning.

1.19 Irrigation Maintenance and Repairs
a) Contractor shall initially inspect and familiarize themselves with the entire irrigation system at all work sites and identify all needed repairs.
b) Required repairs shall be submitted to the Contact in a written statement within two (2) weeks after the start date of the maintenance contract.
c) If a written statement which document required repairs is not received by the Contact within the stated time-frame, the entire system shall be interpreted as fully operational, and deemed acceptable by the Contractor.
d) City shall review and verify all submitted repairs from the initial inspection. Repairs may be completed by the following methods:
• Authorize the Contractor to make appropriate repairs at the expense of the City. • Use City forces to make required repairs.
• Use a third-party to make required repairs.
e) Contractor shall inspect the operation of the irrigation system weekly for any malfunctions. f) In addition to regular weekly testing, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed or reported. g) All system malfunctions, damage and obstructions shall be recorded, reported to the Contact, and corrective action taken.
h) Contractor shall maintain the irrigation systems in such a way as to:
• Guarantee proper coverage and full working capability • Make whatever adjustments may be necessary to prevent overspray or excessive runoff into street right-of-ways or other areas not meant to be irrigated i) The Contractor shall provide all labor and materials at no additional cost to the City. All parts and supplies provided under this contract must be new. Additional compensation will be provided only for the cost of parts for extraordinary repairs. j) Contractor shall repair or replace inoperable irrigation equipment to maintain a fully operational system. Including but not limited to, pressure pipes from the water meter to the control valves, all irrigation pipes, all manual and automatic valves, pumps used for the irrigation systems, backflows devices, filters, strainers, pressure regulators, sprinkler heads, irrigation clamps and stakes, anti-drain valves, emitters, drippers, valve boxes, controllers, valve markers, batteries, fittings and risers.
k) Maintenance includes, but not limited, tightening of loose fittings and packing nuts; flushing sprinkler heads, pipes nozzles, valves, filters , strainers, and backflow devices; adjusting sprinkler heads, anti-drain valves and pressure regulators, adjusting and lubricating controllers; and cleaning drip emitters.
l) Irrigation repairs shall be made within the following time limits:
• Mainline irrigation leaks shall be repaired within (2) hours of identification or notification.
• All other irrigation repairs shall be made within one (1) day of identification or notification.
• Failure to complete irrigation repairs in the timeframes listed above will result in the Contact utilizing City forces, or an alternate source, to correct the deficiency and deduct from the Contractor’s payment the total cost.
m) Replacement of irrigation components shall be with originally installed materials of the same size and quality and provided by the Contractor. Substitutions must be approved by the Contact in writing prior to installation.

EXHIBIT A Page 005 of 8

2.0 CONTRACTOR STAFF AND UNIFORMS AND IDENTIFICATION BADGES

2.1 The Contractor shall ensure that their employees are appropriately identified. Contractor shall furnish sufficient supervisory and working personnel capable of promptly accomplishing the schedule, to the satisfaction of the Contact, all work required under this Contract during the prescribed hours.

2.2 The Contractor shall ensure that every on-duty employee wears a visible photo identification badge identifying the following: employee name, physical description, and Contractor’s name.

Such badge shall be displayed on employee’s person at all times when he/she is on City designated property.

2.3 Employees assigned to City facilities shall wear an appropriate uniform shirt at all times. The uniform shirt must display the Contractor’s name. Contractor shall have competent supervisors, who may be working supervisors, on the job at all times work is being performed who are capable to communicate effectively both with the community and city staff. Adequate and competent supervision shall be provided for all work done by the contractor’s employees to ensure accomplishment of high quality work which will be acceptable to the Contact.

2.4 Contractor, and their employees, shall conduct themselves in a proper and professional manner at all times and shall cause the least possible annoyance to the public. The Contact may require a contractor to remove from the work site any employee(s) deemed careless, incompetent, or otherwise objectionable, whose continues employment on the job is considered to be contrary to the best interest of the City of Pico Rivera.

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

3.0 MATERIALS AND EQUIPMENT

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

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

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

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

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

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

3.7 Contractor will keep blades on mowers and trimmers sharp and in safe condition.

4.0 CONTACT INFORMATION

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

5.0 SAFETY

5.1 The Contractor agrees to perform all work outlined in this Scope of Work in such a manner as to meet all accepted standards for safe practices during maintenance operations and to safely maintain and operate all equipment, machines, and materials consequential or related to the work; and is solely responsible for complying at all times with all local, County, State, Federal, or other legal requirements including, but not limited to, California Department of Food and Agriculture, O.S.H.A. Orders, Department of Transportation Drug and Alcohol testing provisions, Caltrans Traffic Control Manuals, and MUTCD Traffic Control Handbook, so as to protect all persons, including Contractor’s employees, agents of the City, vendors, members of the public, and others from foreseeable injury to themselves or damage to their property. Furthermore, EXHIBIT A Page 006 of 8
Contractor must contact Underground Service Alert (Dig Alert) before excavating a location, as necessary. Contractor shall inspect all hazards and potential hazards in maintained areas and keep a log indicating the date inspected and action taken. All employees working within the roadway right-of-way shall wear reflective safety vests.

5.2 It shall be the Contractor’s responsibility to inspect and identify any practices and conditions that render any portion of the maintained areas unsafe. The City shall be notified immediately of any unsafe conditions that require major correction. Contractor shall be responsible for making minor corrections including, but not limited to, filling holes in turf areas, replacing valve box covers, and repairing irrigation systems so as to protect members of the public or others from injury.

Contractor shall cooperate fully with City in the investigation of any accidental injury or death occurring in any of the maintained areas, including a complete written report thereof to the City within five (5) days of the injury or death.

6.0 EMERGENCY PROCEDURES

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

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

6.2.2 After-hours, the Contractor shall contact the Public Works Stand-by Staff at (562) 755- 0768.

7.0 HOURS AND DAYS OF SERVICE

7.1 Maintenance service may be conducted between the hours of 7:00 a.m. and 4:30 p.m. on those days maintenance is to be provided pursuant to the work schedule approved in advance by the City.

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

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

7.4 Work on major arterial streets shall be performed between the hours of 9:00 a.m. and 3:30 p.m.

8.0 ADDITIONAL CONDITIONS

8.1 The Contractor shall have the duty to mow, edge, and trim turf areas at various city locations as specified in the RFB.

8.2 The Contractor will have a minimum of 4-man crew working Monday to Friday for 8 hours 5 days a week.

8.3 Contractor will be responsible to mow with catch attachment on all mowers to pick up, remove, and dispose of all grass clippings.

8.4 Any broken valve boxes or sprinkler heads due to mowing activity will be replaced by contractor within one working day.

8.2 The Contractor shall not perform any operation, particularly during periods of inclement weather, which may destroy or damage plant, ground cover, or turf areas. The Contact or his designee(s), shall have the authority to suspend the work, wholly or in part, for such period as he may deem necessary, due to unsuitable weather.

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

8.4 The Contractor shall schedule operations so as not to interfere with the public’s use of the maintained areas. Contractor shall conduct its operations so as to provide the maximum safety EXHIBIT A Page 007 of 8
for the public and to offer the least possible obstruction and inconvenience to the public, or disruption to the peace and quiet of the area around which the services are performed.

8.5 If any person employed by the Contractor or any subcontractor shall fail or refuse to carry out the directions of the Contact, or his designee(s), or is in the opinion of the Contact, incompetent, intemperate, or disorderly; or uses threatening or abusive language to any person on the work site; or is otherwise unsatisfactory, he shall be discharged from the project immediately, and shall not again be employed on the work except with the written consent of the Contact or his designee(s). Contractor shall transfer or discharge any such person within a reasonable time following notice therefore from the Contact and such person shall not be employed at any other area maintained by the Contractor for the City except with the written consent of the Contact.

8.6 The Contractor shall not post advertising signs and banners within the maintained areas.

All traffic control and public safety signs used by the Contractor shall be kept free of graffiti at all times.

8.7 During performance and upon completion of Services, Contractor shall remove all unused equipment and instruments of service, and all excess or unsuitable materials, trash, rubbish, and debris, and legally dispose of same, unless otherwise directed by the City. Contractor shall leave the area in a neat, clean, and acceptable condition, as approved by the City.

8.8 The City has the sole authority to determine if Services are satisfactorily completed.

9.0 DAMAGE

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

9.2 All repairs performed by the City shall be reimbursed by the Contractor for the value of the repair.

9.3 The Contractor shall be responsible for any damage to or loss of City premises, equipment, or supplies caused by the Contractor’s (or its employees’) negligence. The Contractor shall immediately report any said damage or loss to the City’s premises, equipment, or supplies. The Contractor shall restore or replace any damages City facilities, equipment, or supplies.

10.0 EXTRAORDINARY REPAIRS

10.1 Within eight (8) hours of discovering any extraordinary incident such as vandalism, acts of God, and third party negligence which has or will affect any maintained area and is within the scope of the Contractor’s responsibilities, Contractor shall document (by a phone call, photographs, and/or written statement) said extraordinary incident and deliver said documentation to City. Contractor is not responsible for reporting or documenting graffiti.

Contractor shall perform the above documentation upon discovery of extraordinary incidents.

10.2 The City may, at its discretion, when it learns of the need for extraordinary repairs, direct the Contractor to perform necessary repairs and replacements in accordance with the following: Contractor shall submit a written estimate for the cost of performing such work to the City. City may upon review and approval of such estimate, authorize Contractor to perform said work by the issuance of a written work order. Upon completion of the work, Contractor shall submit a bill to the City. Contractor shall not perform extraordinary repairs without prior approval from the City. Such work performed by the Contractor will not be compensated by the City.

EXHIBIT A Page 008 of 8
Exhibit B

EXHIBIT B
Contractor’s Proposal
ATTACHMENT 3

BID FORM
RFB 2023-PW01 Landscape Maintenance Services
Item
No. Location Monthly Cost
Parks
1 Smith Park- Approx. 16 Acres
6016 Rosemead Blvd $
2 Pico Park – Approx. 11 Acres
9528 Beverly Blvd $
3 Rivera Park – Approx. 15.5 Acres
9530 Shade Lane $
4 Rio Hondo Park – Approx. 13 Acres
8421 San Luis Potosi Place $
5 Rio Vista Park- Approx. 4.5 Acres
8751 Coffman Pico Rd. $
6 Streamland Park – Approx. 10 Acres
3539 Durfee Ave. $
7 Obregon Park- Approx. 1.3 Acres
3298 Sandoval Ave. $
8 Gallatin & Rosemead Pocket Park
Area Size- Approx. 27,500 Sq. Feet
Southwest corner of the intersection
$
9 Colmere Pocket Park
Area Size – Approx. 8,800 Sq. Feet
*Northeast corner of Paramount Blvd.
/ Beverly Blvd.
$
10 Veteran’s Pocket Park
Area Size – Approx. 6,325 Sq. Feet
*Northeast corner of 9325 Garth
Gardner Ln.
$
11 Serapis Pocket Park
Area Size – Approx. 6,000 Sq. Feet
Landscape directly adjacent to 8446
Serapis Ave
$
Total monthly bid pricing for Parks $
Facilities
12 Paramount Blvd. and Mines Ave.

Parkway
Area Size – 1 Acre
The southeast corner of the
intersection
$
2,661.83
2,594.00
2,530.08
2,649.33
2,622.67
1,559.83
892.83
651.50
389.50
414.42
433.00
17,399.00
710.75
EXHIBIT B Page 001 of 3
13 Park & Recreation Building
Area Size – 2,500 Sq. Feet
6767 Passons Blvd.
$
14 Veterans Monument / Library
Area Size – 5,800 Sq. Feet
*9001 Mines Ave.
$
15 History and Heritage Museum
Area Size- 3,000 Sq. Feet
*9122 Wahington Blvd.
$
16 Senior Center
Area Size- 1.5 Acres
*9200 Mines Ave.
$
17 Al Natividad Center
Area Size - 150 Sq. Feet
* 5018 Passons Blvd
$
18 Youth Center
Area Size- 900 Sq. Feet
*4632 Orange St
$
19 City Hall
Area Size – 2.8 Acres
*6615 Passons Blvd
$
20 Pio Pico Elementary
Area Size 3.3 Acres
*8804 Ibsen St.
$
21 Rivera Library
Area Size 9 Acres
*7828 Serapis Ave.

Total monthly bid pricing for Facilities $
Parkway and Medians
22 Parkway at 7426 Rosemead Blvd.
(Frontage Road)
Area size 5,000 Sq. Feet
$
23 Parkway in front of 5101 Richmond
Dr.

Area Size 1,300 Sq. Feet
$
24 Greenbelt on W/B Washington, east
of Pico Vista
Blvd. at Pico Vista Rd.

Area Size 32,600 Sq. Feet
$
25 Grass area and monument at 6782
Passons Blvd.

Area Size 2,800 Sq. Feet
$
401.25
1,311.33
324.50
464.75
300.67
321.83
448.83
766.33
$ 358.92
5,409.17
174.17
150.33
258.83
131.83
EXHIBIT B Page 002 of 3
In submitting this Bid, Respondent agrees to comply with the terms and conditions illustrated in this RFB.

Person from your company who completed the bid package:

Signature: Date:

Printed Name and Title:

E-Mail:

Phone:
26 Durfee Ave. - Underpass Landscape
Slopes area 30,000 Sq. Feet, and
1,400 feet of sidewalks.
$
27 Passons Underpass
Area Size – 2 Acres $
28 Whittier Blvd Raised Center Median
Approx. square footage 45,000 Sq.

Feet
$
29 Paramount Blvd Raised Center
median, Approx square footage.
110,000 Sq. Feet
$
30 Washington Blvd. Raised Center
Median
Approx 35,000 Sq. Feet
$
31 Rosemead Blvd Raised Center
median. Approx 170,000 Sq. Feet $
32 San Gabriel River Parkway Raised
Center Median
Approx. 45,000 Sq. Feet
$
33 Beverly Blvd. Raised Center Median.

Approx. 60,000 Sq. Feet $
34 Slauson Ave Raised Center Median
Approx. 30,000 Sq. Feet $
Total monthly bid pricing for Parkway & Medians $
Grand Total Monthly Bid Amount $
364.67
523.42
396.42
1,034.00
303.83
1,412.33
486.33
613.33
362.00
6,211.50
29,019.67
11/29/23
David Moo - Business Development Executive
[email protected]
(951) 406-5904
EXHIBIT B Page 003 of 3
Exhibit C

Page 1 of 3 ends

EXHIBIT C
Terms for Compliance with California Labor Law Requirements

Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.

Exhibit C

Page 2 of 3 ends

7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to (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 has ten 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.

9. Contractor acknowledges that eight hours labor constitutes a legal day’s work.

Page 3 of 3 ends

11. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.

Contractor shall diligently take corrective action to halt or rectify any failure.

CITY OF PICO RIVERA
Landscape Maintenance Services
Jose J. Gutierrez
Field Services Manager
9633 Beverly Road
Pico Rivera, CA 90660
Issued: October 23, 2023
8b
Enclosure 2
2

Page 3 of 33 ends

INSTRUCTIONS TO BIDDERS
NOTICE IS HEREBY GIVEN that the City of Pico Rivera, California (“City”) invites Bids to provide citywide landscape maintenance services. Bids will be received electronically only through Planet Bids system (https://pbsystem.planetbids.com/portal/41481/portal-home ). A bid received after the time set for the bid opening shall not be considered. Bidders are required to submit (upload) all items listed in the BIDDER’S CHECKLIST including acknowledgment of all addenda if applicable. Bids will be received prior to 2:00 p.m. on November 29, 2023, at which time they will be publicly opened on the City’s approved electronic procurement platform.

All Bids must be made on the forms furnished by the City. Bids must remain valid and shall not be subject to withdrawal for 90 calendar days after the Bid opening date.

Action Date
Availability of RFB October 23, 2023
Last Day to Questions November 8, 2023
Proposal Submission Deadline November 29, 2023
2:00 p.m.

Anticipated Selection December 2023
Anticipated Notice to Proceed January 2024
SUBMISSION OF BIDS. All Bidders are required to enter and submit their bid pricing electronically via Planet Bids’ Bid Schedule Tab. In addition, an electronic copy of the Bid Proposal Package must be uploaded to the Planet Bids system.

The electronic system will close submission exactly at the date and time set forth in this solicitation or as changed by addenda. Bidders are responsible for submitting and allowing sufficient time for their bid to be accepted by the Planet Bid system before the closing time set forth in this solicitation or as changed by addenda. NOTE: Pushing the submit button on the electronic system may not be instantaneous; it may take time for the Bidder’s submittal and document to upload and transmit before the bid is accepted. It is the Bidder’s sole responsibility to ensure their bid and document(s) are uploaded, transmitted, and arrive on time via the electronic submission process. The City will have no responsibility for bids that do not arrive prior to the closing time, no matter what the reason.

Upon closing of the Bid, Bid Results will be available on the PlanetBids system under the Bid Results tab.

In the case of a discrepancy between the electronic bid schedule (pricing) and any uploaded Bid schedule document or pricing, the electronic bid schedule will be the accepted bid.

Page 4 of 33 ends

Bid Proposal Package shall be in the form of PDF files, uploaded to the Planet Bids system. Failure to submit files in PDF format may result in a non-responsive Bid.

SCOPE OF WORK. The Scope of Work includes, without limitation, furnishing all necessary labor, materials, equipment and other incidental and appurtenant work necessary to satisfactorily provide citywide landscape maintenance services.

BIDDING PROCESS. The City reserves the right to reject any Bid or all Bids, and to waive any irregularities or informalities in any Bid or in the bidding, as deemed to be in its best interest.

PAYMENT OF PREVAILING WAGES ON PUBLIC WORK PROJECTS
Since this RFB pertains to a “public works” and “maintenance” project, as defined by the Prevailing Wage Laws, the Contractor shall fully comply with the Prevailing Wage Laws for their employees and any other to whom such laws are applicable. Contractor shall also be responsible for any and all violations and fines imposed on them pursuant to Prevailing Wage Laws.

LICENSES
In order to be deemed responsive, bidders must meet all of the following requirements, which may be waived at the City’s sole and absolute discretion:
• Bidder must have a valid California Landscape Contractor’s License, C-27 at the time of the bid submittal and throughout the contract period. • Bidder must have a valid California Pest Control Operator’s License at the time of the bid submittal and throughout the contract period.
• Bidder must have experience with landscaping maintenance for public agencies of 100 acres or more consisting of right of way slopes, parkways, and parks. • Bidder must have experience installing and repairing irrigation systems up to 8 inches in diameter.
• Supervisors and/or on-site manager must be certified in two (2) of the (5) following certifications at the time of the bid submittal and throughout the contract period:
a) Certified Landscape Technician
b) Certified Reclaimed Water Supervisor
c) Certified Landscape Irrigation Technician
d) Qualified Applicator License
e) Certified Arborist

CONTACT INFORMATION
Contractors must notify the City via planetbids.com of any ambiguity, inconsistency or error they may find. All questions about the RFB must be submitted via email by the deadline. Any changes or corrections to the original RFB or any other information that will affect the contract will be issued in addenda that will be disseminated and posted on planetbids.com, the City’s electronic procurement service. It is the Contractor’s responsibility to self-register as a vendor with planetbids.com in order to receive email notifications for any addenda that are released.

Page 5 of 33 ends

CHECKLIST FOR BIDDERS
The following information is required of all Bidders at the time of Bid submission:
____ Completed Company Information Form (Attachment 1)
____ Completed Reference Form (Attachment 2)
____ Completed and Signed Bid Schedule (Attachement 3)
____ Signed and Notarized Noncollusion Declaration Form (Attachment 4) Failure of the Bidder to provide all required information in a complete and accurate manner may cause the Bid to be considered non-responsive.

INSTRUCTIONS TO BIDDERS
RFB 2023-PW01
Landscape Maintenance Services

Page 6 of 33 ends

I. INTRODUCTION
This is a Request for Bids “RFB” issued by the City of Pico Rivera “City” seeking bids from experienced and qualified contractors “Bidder” to provide citywide landscape maintenance services.

By submitting a proposal, the Bidders agree to all of the terms and conditions of this RFB and Contractual Services Agreement attached hereto as Exhibit “B” (“Services Agreement”). Bidders shall detail any exceptions to the RFB or the Services Agreement. The City shall reserve the right to determine if the exception is reasonable. The City reserves the right to reject, during the negotiation process, any issues not identified in the RFB. The successful bidder will be required to enter into a Services Agreement which includes the requirements of this RFB as well as other requirements identified by the City at the time of negotiations.

II. SCOPE OF SERVICES
See Exhibit “A” for detailed Scope of Services to provide Citywide landscape maintenance services.

III. TERM
The intent of this RFB process is to select a Bidder and negotiate a two (2) year contract for services with an option to extend for one (1) additional one-year period on a month-to-month basis, based on satisfactory service/performance.

IV. CLARIFICATION AND INTERPRETATION
The words “must”, “will”, or “shall” in this RFB indicate mandatory requirements. Taking exception to any mandatory requirement may be grounds for rejection of the bid.

The City wants to avoid any misunderstanding where it is assumed that a feature is included in the bid and turns out to be an optional, extra cost feature. Any features that are optional, extra-cost items shall be clearly referenced as such in all correspondence, including RFB questions and the written Bid Form.

V. ASSESSMENT OF SITES
Bidders will be responsible for determining the boundaries of each site, examining the physical conditions and surroundings of the proposed work, and judging for themselves the extent to which these factors will influence the performance of the contract work. The existing condition of each proposed location is not intended, nor to be inferred, as a representation of satisfactory maintenance or performance, whether expressed or implied by the City or its employees. The Bidder shall not be relieved of liability under the Contract, nor shall the City be liable for any loss sustained by the Bidder, as a result of any variance between conditions as referred to in the Scope of Services attached hereto as Exhibit A (“Sope of Services”) and the actual condition revealed during the examination of the locations of the proposed work.

VI. DEADLINE FOR SUBMITTING QUESTIONS
Any questions regarding this RFB shall be submitted online using the Planet Bids Portal. The deadline to submit questions shall be no later than Wednesday, November 8, 2023, by 12:00 p.m.

All questions will be noted and a consolidated answer list will be sent to all interested Bidders through Planet Bids.

VII. FORMAT AND SUBMISSION
All Bidders are required to follow the format content specified below.

1. The Company Information Form furnished herewith, Attachment Number 1.

INSTRUCTIONS TO BIDDERS
RFB 2023-PW01
Landscape Maintenance Services

Page 7 of 33 ends

2. Completed References Form furnished herewith, Attachment Number 2.

3. A Bid Form furnished herewith, Attachment Number 3.

4. Sign and insert addendums in chronological order, as applicable.

The deadline for submitting a bid is Wednesday, November 29, 2023, at 2:00 p.m. Any bid received after this time, regardless of the date and time of their postmarks, will be rejected.

All bidders are required to enter and submit their Bid Proposal Package electronically via Planet Bids.

Upon closing of the Bid, Bid Results will be available on the eBid system under the Bid Results tab.

In the case of a discrepancy between the electronic bid schedule (pricing) and any uploaded Bid schedule document or pricing, the electronic bid schedule will be the accepted bid.

Bid Proposal Package shall be in the form of PDF files, uploaded to the Planet Bids system. Failure to submit files in PDF format may result in a non-responsive Bid. A bid received after the time set for the bid opening shall not be considered. Bidders are required to submit (upload) all items listed in the BIDDER’S CHECKLIST including acknowledgement of all addenda if applicable.

Bids must remain valid and shall not be subject to withdrawal for 90 calendar days after the Bid opening date.

Faxed or e-mailed bids will not be accepted as this RFB requires bids to be submitted in a sealed envelope, per the City’s Municipal Code Title 3, Chapter 3.20.

VIII. SELECTION PROCESS
A. Responsive Bidder/ Responsible Bidder
After the bid opening, bids will be reviewed to ascertain that they comply with the RFB requirements. Bidders may be deemed non-responsive for failure to comply with the requirements set forth herein.

B. AWARD PROCESS
Once the lowest responsible bidder has been determined, a Notification of Intent to Award, identifying the lowest responsible Bidder, will be issued to all Bidders.

C. COMMENCEMENT OF SERVICES
A Purchase Order will be issued once:

1. Council authority is granted, if applicable.

2. All agreements have been executed.

3. Insurance requirements have been met.

4. Verification of valid City Business License.

INSTRUCTIONS TO BIDDERS
RFB 2023-PW01
Landscape Maintenance Services

Page 8 of 33 ends

Commencement of services shall only begin upon completion of term of the existing service provider and once the Contractor (the selected Bidder) receives the Notice to Proceed.

IX. Standard Terms & Conditions
In addition to other requirements specified herein, the Bidder shall, at a minimum, perform or make provisions for the following general requirements:

A. Addenda:

The City reserves the right to modify and issue addenda to this RFB. A signed copy of all addenda shall be submitted as part of the bid. Failure to include the addenda may result in a nonresponsive submittal. Addenda shall become a part of this RFB and any Agreement, which may result from this solicitation.

B. Additional Information:

Provide the City with any additional information it deems necessary to accurately determine Bidders ability to perform services, and/or provide products proposed. During selection process, the City may conduct any reasonable inquiry from any and all sources concerning the bid, including reference verification to determine the responsibility of the Bidder. Furthermore, submission of a bid constitutes permission by the Bidder for the City to verify all information contained therein. Failure to comply with any request for additional information may disqualify the Bidder from further consideration.

C. Bid Commitment:

The bid shall be firm and binding for one ninety (90) days after the submittal deadline.

Submission of a bid shall constitute a commitment on the part of the Bidder to furnish the products/services set forth in this RFB.

D. Bid Errors:

City is not responsible for errors or omissions on the part of Bidders in drafting their bids. In the event of a calculation error, the unit price shall prevail. The City is not responsible for any conclusions or interpretations made by the Bidder regarding information provided by the City.

E. City Business License:

Obtain a City business license prior to engaging in any operation or activity as a result of an award of an Agreement. The license must be kept in full force and effect during the term of the Agreement.

F. Contractual Obligation:

After the City selects a Bidder, the contents of the submitted bid will become a contractual obligation. The RFB and any addenda, Bidder’s bid, and the Agreement constitute the entire Agreement between the Bidder and the City and shall incorporate the provisions thereof. Failure of the Bidder to agree to include all portions thereof as contractual Agreement may result in cancellation of the award.

G. Disclaimer:

This RFB does not commit the City to continue with the procurement of the subject services/products nor to enter into an Agreement with any Bidder. The City makes no representation that any Agreement will be awarded. In the event of award, the City makes no guarantee to expend any agreement amount to its maximum. Award of an Agreement shall require City Council authorization. Furthermore, the City may re-issue the RFB at any time for any reason at its sole discretion.

INSTRUCTIONS TO BIDDERS
RFB 2023-PW01
Landscape Maintenance Services

Page 9 of 33 ends

H. Evidence of Insurance:

In the event an Agreement is awarded, Bidder shall provide evidence of insurance coverage by an admitted California insurer legally licensed and qualified to conduct business in the State of California in accordance with the provisions described herein, prior to the commencement of services. The required insurance coverage shall be maintained for the duration of the Agreement: General Liability insurance presently in effect with a combined single limit of not less than $1,000,000 per occurrence, and $2,000,000 aggregate; vehicle insurance (where applicable) is in effect with a minimum coverage of $1,000,000 per occurrence; and umbrella or excess liability in the amount of $5,000,000. The umbrella or excess insurance policy shall contain a clause stating that the umbrella or excess coverage takes effect when primary limits are impaired or exhausted.

The Certificate of Insurance shall provide:
a. That the insurer will not cancel the insured’s coverage without thirty (30) days prior notice to the City;
b. That the City, and its employees, volunteers, officers, and agents of each of them, are included as additionally insured, but only insofar as the operations under this contract are concerned;
c. That the City and its employees, officers, and agents of each of them will not be responsible for any premiums or assessments on the policy; d. That the insurer has an AM Best rating of A: VII or equivalent.

Bidder agrees that the bodily injury liability insurance herein provided shall be in effect at all times during the term of this contract. In the event said insurance coverage expires at any time or times during the term of this contract, contractor agrees to provide at least thirty (30) days prior to said expiration date, a new certificate of insurance evidencing insurance coverage as provided herein for not less than the remainder of the term of the contract, or for a period of not less than one (1) year. New certificates of insurance are subject to approval and the contractor agrees that no work or services shall be performed prior to the giving of such approval. In the event contractor fails to keep in effect at all times insurance coverage as herein provided, the City may in addition to any other remedies it may have, terminate this contract upon the occurrence of such event.

Workers' Compensation insurance coverage as required by the State of California of $1,000,000 per occurrence.

I. Late Bid:

Late bids will not be considered. It is the Bidder’s responsibility to ensure that the bid is posted on the Planet Bids portal on or before the specified time. The City will not be responsible for bids not properly uploaded to the Planet Bids portal.

J. Payments and Invoicing:

Unless otherwise agreed, payment will not be made until services are delivered and accepted as specified. Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order. In order to receive prompt payment, send invoices directly to:

City of Pico Rivera, Attn: Accounts Payable, 6615 Passons Blvd., Pico Rivera, CA 90660. The City’s standard payment terms are Net 30.

K. Property of City:

All bids and materials submitted become the property of the City and may be used by the City in any way it deems appropriate. In addition, bids received will be subject to the California Public Records Act. No guarantee of privacy or confidentiality is offered or implied.

INSTRUCTIONS TO BIDDERS
RFB 2023-PW01
Landscape Maintenance Services

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L. Reservation of Rights:

The City expressly reserves the right to modify and/or suspend any and all aspects of the RFB, to obtain further information from any Bidder responding to this RFB, to waive any defect or irregularity as to form or content of this RFB or any response thereto, to extend deadlines for accepting responses, to reject any and all responses to the RFB, and to choose the firm that best serves the City’s interests, at its own discretion. Should all bids be rejected a written notification will be sent to all Bidders to this effect. The City also reserves the right to select another Bidder in the case that the original Bidder, for any reason, is unable to perform, or is dismissed from the project.

M. Submission Cost:

The City will not be liable for any costs incurred in the preparation of bids or incidental to the preparation and presentation of qualifications orally or in writing. All costs for preparation, submission of bids, submission of additional information, delivery, and/or any other aspect of the RFB incurred by the Bidder are the sole responsibility of the Bidder.

N. Special Provisions for Service

1. Authority of the City of Pico Rivera.

Subject to the power and authority of the City of Pico Rivera as provided by law in this contract, the City of Pico Rivera shall in all cases determine the quantity, quality and acceptability of the work, materials and supplies for which payment is to be made under its contract.

2. Changes in Work.

The City of Pico Rivera may, at time work is in progress, by written order and without notice to the sureties, make alterations in the terms of work as shown in the specifications, require the performance of extra work, decrease the quantity of work, or make such other changes as the City of Pico Rivera may find necessary or desirable. The contractor shall not claim forfeiture of contract for any reason of such changes by the City of Pico Rivera. Changes in work and the amount of compensation to be paid to the contractor for any extra work as so ordered shall be determined in accordance with the unit price quoted.

3. Clean-up.

During performance and upon completion of work on this project contractor will remove all unused equipment and instruments of service, all excess or unsuitable materials, trash, rubbish and debris, and legally dispose of same, unless otherwise directed by these specifications. Contractor shall leave the area in a neat, clean and acceptable condition as approved by the City of Pico Rivera.

4. Compliance With OSHA.

Bidder agrees that all items offered comply with all applicable Federal and State Occupational Safety and Healthy Act, laws, standards and regulations, and the Bidder will indemnify and hold the City harmless for any failure to so conform.

5. Prevailing Wage.

If the Services are being performed as part of an applicable “public works” and “maintenance” project, as defined by the Prevailing Wage Laws, and if the Total Compensation is $1,000 or more, Contractor shall fully comply with the Prevailing Wage Laws for their employees and any other to whom such laws are applicable. Contractor shall also be responsible for any and all violations and fines imposed on them pursuant to Prevailing Wage Laws.

6. Registration with the Department of Industrial Relations In accordance with the Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid, be listed on a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of

INSTRUCTIONS TO BIDDERS
RFB 2023-PW01
Landscape Maintenance Services

Page 11 of 33 ends

any contract for public work, unless currently registered and qualified to perform work pursuant to section 1725.5 [with limited exceptions for bid purposes only under Labor Section 1771.1(a)]. The project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR).

7. Damage.

The contractor shall be held responsible for any breakage, loss of the City of Pico Rivera’s equipment or supplies through negligence of the contractor or his/her employee while working on the City of Pico Rivera premises. The contractor shall be responsible for restoring or replacing any equipment, facilities, etc. so damaged. The contractor shall immediately report to the City of Pico Rivera any damages to the premises resulting from services performed under this contract. Failure or refusal to restore or replace such damaged property will be a breach of this contract.

8. Protection of Public.

Adequate warning devices, barricades, guards, flagmen, traffic control equipment, or other necessary precautions shall be taken by the contractor to give advised and reasonable protection, safety and warning to persons and vehicular traffic concerned in the area.

9. Rejection of Work.

Contractor agrees that the City of Pico Rivera has the right to make all final determinations as to whether the work has been satisfactorily completed.

Page 12 of 33 ends

ATTACHMENT 1

COMPANY INFORMATION FORM
RFB 2023-PW01 Landscape Maintenance Services
Name of Company:

Type of Company:

Company Address:

Website:

Number of years the company has been in business: _
By submitting a Bid, Bidder agrees that they have read and understand the RFB in its entirety, including, without limitation, the scope and nature of the work, all appendices, attachments, exhibits, schedules, and addenda, as applicable. Should the Bidder have any objections to the RFB, they must be clearly stated below, specifically referencing the particular section number, paragraph, and page number of the objection. However, making an objection does not relieve the Bidder from complying with the requirements of the RFB.

Person from your company who completed the bid package:

Signature: Date:

Printed Name and Title:

E-Mail:

Phone:

Page 13 of 33 ends

ATTACHMENT 1

COMPANY INFORMATION FORM
RFB 2023-PW01 Landscape Maintenance Services

1. Identify key staff and their qualifications and experience proposed for the services identified herein.

2. Have you, your firm, or any officer or partner thereof, ever failed to complete a mowing and Landscape service contract?
If yes, give details, including dates: (use another sheet of paper, if necessary)

3. Has your firm ever been assessed damages or penalties for failing to perform mowing and landscape services in a satisfactory manner or for failing to complete a contract within the scope of work specified in the Request for Bids?
If yes, give details: (use another sheet of paper, if necessary)

4. Does your firm have any ongoing investigations by an agency regarding violations of the State Labor Code, California Business and Professional Code, or other laws? If yes, give details: (use another sheet of paper, if necessary)

5. Does your firm have any outstanding judgments, demands or liens resulting from violations of the State Labor Code, California Business and Professional Code, or other laws? If yes, give details: (use another sheet of paper, if necessary)

6. Has your firm been cited for violations of OSHA Standards and Requirements within the past five (5) years? If yes, give details: (use another sheet of paper, if necessary)

Page 14 of 33 ends

ATTACHMENT 2

REFERENCES FORM
RFB 2023-PW01 Landscape Maintenance Services
Bidder is required to provide a minimum of three (3) references where services of a similar size and nature were performed within the past three (3) years. This will enable the City to judge the responsibility, experience, skill, and business standing of the Bidder.

Company Name: Contact Name:

Address: Phone Number:

Email:

Dollar Value of Contract: $ Contract Dates:

Requirements of Contract:

Company Name: Contact Name:

Address: Phone Number:

Email:

Dollar Value of Contract: $ Contract Dates:

Requirements of Contract:

Company Name: Contact Name:

Address: Phone Number:

Email:

Dollar Value of Contract: $ Contract Dates:

Requirements of Contract:

Page 15 of 33 ends

ATTACHMENT 3

BID FORM
RFB 2023-PW01 Landscape Maintenance Services
Item
No. Location Monthly Cost
Parks
1 Smith Park- Approx. 16 Acres
6016 Rosemead Blvd $$
2 Pico Park – Approx. 11 Acres
9528 Beverly Blvd $$
3 Rivera Park – Approx. 15.5 Acres
9530 Shade Lane $$
4 Rio Hondo Park – Approx. 13 Acres
8421 San Luis Potosi Place $$
5 Rio Vista Park- Approx. 4.5 Acres
8751 Coffman Pico Rd. $$
6 Streamland Park – Approx. 10 Acres
3539 Durfee Ave. $$
7 Obregon Park- Approx. 1.3 Acres
3298 Sandoval Ave. $$
8 Gallatin & Rosemead Pocket Park
Area Size- Approx. 27,500 Sq. Feet
Southwest corner of the intersection
$$
9 Colmere Pocket Park
Area Size – Approx. 8,800 Sq. Feet
*Northeast corner of Paramount Blvd.
/ Beverly Blvd.
$$
10 Veteran’s Pocket Park
Area Size – Approx. 6,325 Sq. Feet
*Northeast corner of 9325 Garth
Gardner Ln.
$$
11 Serapis Pocket Park
Area Size – Approx. 6,000 Sq. Feet
Landscape directly adjacent to 8446
Serapis Ave
$$
Total monthly bid pricing for Parks $
Facilities
12 Paramount Blvd. and Mines Ave.

Parkway
Area Size – 1 Acre
The southeast corner of the
intersection
$$

Page 16 of 33 ends

13 Park & Recreation Building
Area Size – 2,500 Sq. Feet
6767 Passons Blvd.
$$
14 Veterans Monument / Library
Area Size – 5,800 Sq. Feet
*9001 Mines Ave.
$$
15 History and Heritage Museum
Area Size- 3,000 Sq. Feet
*9122 Wahington Blvd.
$$
16 Senior Center
Area Size- 1.5 Acres
*9200 Mines Ave.
$$
17 Al Natividad Center
Area Size - 150 Sq. Feet
* 5018 Passons Blvd
$$
18 36 Mo.

Passons Underpass
Area Size – 2 Acres $ $
Youth Center
Area Size- 900 Sq. Feet
*4632 Orange St
$
19 City Hall
Area Size – 2.8 Acres
*6615 Passons Blvd
$
20 Pio Pico Elementary
Area Size 3.3 Acres
*8804 Ibsen St.
$
21 Rivera Library
Area Size 9 Acres
*7828 Serapis Ave.

Total monthly bid pricing for Facilities $
Parkway and Medians
22 Parkway at 7426 Rosemead Blvd.
(Frontage Road)
Area size 5,000 Sq. Feet
$
23 Parkway in front of 5101 Richmond
Dr.

Area Size 1,300 Sq. Feet
$
24 Greenbelt on W/B Washington, east
of Pico Vista
Blvd. at Pico Vista Rd.

Area Size 32,600 Sq. Feet
$
25 Grass area and monument at 6782
Passons Blvd.

Area Size 2,800 Sq. Feet
$

Page 17 of 33 ends

In submitting this Bid, Respondent agrees to comply with the terms and conditions illustrated in this RFB.

Person from your company who completed the bid package:

Signature: Date:

Printed Name and Title:

E-Mail:

Approx. 60,000 Sq. Feet $
34 Slauson Ave Raised Center Median
Approx. 30,000 Sq. Feet $
Total monthly bid pricing for Parkway & Medians $
Grand Total Monthly Bid Amount $

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EXHIBIT A

SCOPE OF SERVICES
RFB 2023-PW02 Landscape Service

1.0 GENERAL CONDITIONS

1.2 Contractor shall furnish all labor, tools, materials, and equipment, except where otherwise specified, to provide landscape maintenance services as set forth in this Agreement.

1.5 Contractor shall perform a maintenance inspection, during daylight hours, of all areas.

1.6 Contractor shall complete and submit a monthly Site Inspection form and keep a monthly Site Inspection form and keep a monthly complaint log.

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e) Weeds shall be controlled either by hand, mechanical or chemical methods; however, the Contact may restrict the use of chemical weed control in certain areas.

1.12 Irrigation of Shrubs
a) All shrubs shall be adequately irrigated to maintain a healthy and attractive appearance. b) Irrigation run-off and overspray shall be minimized.

1.14 Ground Cover Irrigation
a) All ground cover areas shall be adequately irrigated to maintain a healthy and attractive appearance.
b) Irrigation run-off and overspray shall be minimized.

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d) Trash should be taken and deposited in dumpsters located at the park sites. With park or city locations with no dumpsters, trash must be hauled off to an approved site. Trash in trashcans throughout parks must be emptied. If cans are overflowing contractors shall empty debris into dumpsters (this includes debris on the ground and in the can). If trash and debris is dumped next to dumpsters and enclosures, contractor shall try to put into the dumpster, if there is no room, it shall be hauled off the site.

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g) Contractor accepts full responsibility for educating and monitoring its employees regarding safety issues related to the presence and use of Recycled water. h) Remove all litter from landscaped and hardscaped areas. i) All landscape and hardscaped areas shall be free from weeds. j) Hardscaped areas shall be cleaned once per year by method of steam/ pressure cleaning.

All parts and supplies provided under this contract must be new. Additional compensation will be provided only for the cost of parts for extraordinary repairs. j) Contractor shall repair or replace inoperable irrigation equipment to maintain a fully operational system. Including but not limited to, pressure pipes from the water meter to the control valves, all irrigation pipes, all manual and automatic valves, pumps used for the irrigation systems, backflows devices, filters, strainers, pressure regulators, sprinkler heads, irrigation clamps and stakes, anti-drain valves, emitters, drippers, valve boxes, controllers, valve markers, batteries, fittings and risers.
k) Maintenance includes, but not limited, tightening of loose fittings and packing nuts; flushing sprinkler heads, pipes nozzles, valves, filters , strainers, and backflow devices; adjusting sprinkler heads, anti-drain valves and pressure regulators, adjusting and lubricating controllers; and cleaning drip emitters.
l) Irrigation repairs shall be made within the following time limits:
• Mainline irrigation leaks shall be repaired within (2) hours of identification or notification.
• All other irrigation repairs shall be made within one (1) day of identification or notification.
• Failure to complete irrigation repairs in the timeframes listed above will result in the Contact utilizing City forces, or an alternate source, to correct the deficiency and deduct from the Contractor’s payment the total cost.
m) Replacement of irrigation components shall be with originally installed materials of the same size and quality and provided by the Contractor. Substitutions must be approved by the Contact in writing prior to installation.

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2.0 CONTRACTOR STAFF AND UNIFORMS AND IDENTIFICATION BADGES

2.2 The Contractor shall ensure that every on-duty employee wears a visible photo identification badge identifying the following: employee name, physical description, and Contractor’s name.

Such badge shall be displayed on employee’s person at all times when he/she is on City designated property.

3.0 MATERIALS AND EQUIPMENT

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

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

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

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

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

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

3.7 Contractor will keep blades on mowers and trimmers sharp and in safe condition.

4.0 CONTACT INFORMATION

5.0 SAFETY

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Contractor must contact Underground Service Alert (Dig Alert) before excavating a location, as necessary. Contractor shall inspect all hazards and potential hazards in maintained areas and keep a log indicating the date inspected and action taken. All employees working within the roadway right-of-way shall wear reflective safety vests.

6.0 EMERGENCY PROCEDURES

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

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

6.2.2 After-hours, the Contractor shall contact the Public Works Stand-by Staff at (562) 755- 0768.

7.0 HOURS AND DAYS OF SERVICE

7.1 Maintenance service may be conducted between the hours of 7:00 a.m. and 4:30 p.m. on those days maintenance is to be provided pursuant to the work schedule approved in advance by the City.

7.4 Work on major arterial streets shall be performed between the hours of 9:00 a.m. and 3:30 p.m.

8.0 ADDITIONAL CONDITIONS

8.1 The Contractor shall have the duty to mow, edge, and trim turf areas at various city locations as specified in the RFB.

8.2 The Contractor will have a minimum of 4-man crew working Monday to Friday for 8 hours 5 days a week.

8.3 Contractor will be responsible to mow with catch attachment on all mowers to pick up, remove, and dispose of all grass clippings.

8.4 Any broken valve boxes or sprinkler heads due to mowing activity will be replaced by contractor within one working day.

8.4 The Contractor shall schedule operations so as not to interfere with the public’s use of the maintained areas. Contractor shall conduct its operations so as to provide the maximum safety

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for the public and to offer the least possible obstruction and inconvenience to the public, or disruption to the peace and quiet of the area around which the services are performed.

8.6 The Contractor shall not post advertising signs and banners within the maintained areas.

All traffic control and public safety signs used by the Contractor shall be kept free of graffiti at all times.

8.8 The City has the sole authority to determine if Services are satisfactorily completed.

9.0 DAMAGE

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

9.2 All repairs performed by the City shall be reimbursed by the Contractor for the value of the repair.

10.0 EXTRAORDINARY REPAIRS

Contractor shall perform the above documentation upon discovery of extraordinary incidents.

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EXHIBIT B

SAMPLE CONTRACTUAL SERVICES AGREEMENT
RFB 2023-PW01 Landscape Services
THIS AGREEMENT (“Agreement”) is made and entered into this ______ day of _____________________, 2023, by and between the City of Pico Rivera, a municipal corporation (hereinafter referred to as the "CITY"), and ________________________________ (hereinafter referred to as the "CONTRACTOR"). CITY and CONTRACTOR are sometimes hereinafter individually referred to as “Party” and collectively referred to as “Parties.”
SECTION 1. RECITALS.

WHEREAS, the CITY desires to engage CONTRACTOR to perform Landscape Maintenance services; WHEREAS, CONTRACTOR represents to the CITY that CONTRACTOR has the necessary skill, experience, and expertise to provide said Landscape Maintenance services; WHEREAS, the principal representative is authorized to enter into this Agreement on behalf of the CONTRACTOR and the CONTRACTOR is willing to perform such services under this Agreement; and WHEREAS, CITY and CONTRACTOR desire to contract with one another for Landscape Maintenance services, as described in the Scope of Services attached as Exhibit “A”; NOW THEREFORE, inconsideration of the mutual covenants set forth herein and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, CITY and CONTRACTOR hereto agree as follows:

SECTION 2. SERVICES AND COMPENSATION.
a. CONTRACTOR shall provide to the CITY the Services set forth in the Scope of Services attached hereto as Exhibit “A” and incorporated herein by this reference, and shall be compensated in accordance with the fee schedule as set forth in Exhibit “B” attached hereto and incorporated by reference, but not-to-exceed the maximum contract amount of _______________________________________ Dollars and _________ Cents ($______________________) (herein "Contract Sum").
b. CITY understands and hereby agrees that the services provided by CONTRACTOR under the Agreement will be performed wholly, or in large part, by CONTRACTOR. c. CITY agrees to cooperate with and to provide all necessary information and assistance to CONTRACTOR in order that CONTRACTOR may fulfill its obligations pursuant to this Agreement. d. CONTRACTOR shall submit to CITY an invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered and the amount due. Within thirty (30) days of receipt of each invoice, CITY shall notify CONTRACTOR in writing of any disputed amounts included on the invoice. Within thirty (30) calendar days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. e. The CITY does not warrant to contract exclusively with a single contractor to perform designated services.
f. The CONTRACTOR shall maintain a valid California Landscape Contractor’s License C-27. g. The CONTRACTOR shall maintain a valid California Pest Control Operator’s License. h. CONTRACTOR’s supervisors and on-site managers must maintain certifications in at least two (2) of the five (5) categories below:

1. Certified Landscape Technician

2. Certified Reclaimed Water Supervisor

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3. Certified Landscape Irrigation Auditor

4. Qualified Applicator License

5. Certified Arborist
SECTION 3. TERM.

This Agreement shall commence on ________________________, 2023. The term of this Agreement shall be three (3) years from commencement and shall expire on ____________________, 2026, unless sooner terminated as hereinafter provided. The Agreement shall have two (2) one-year optional renewals, based on mutual agreement between the Parties, as indicated in an amendment to extend the contract term, signed by both Parties. In no event shall this Agreement extend beyond _________________, 2028.

SECTION 4. PERFORMANCE.
a. CONTRACTOR shall at all times, faithfully, competently, and to the best of its ability, experience and talent, perform all tasks described herein.
b. CONTRACTOR shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of CONTRACTOR hereunder, in meeting its obligations under this Agreement.
c. CONTRACTOR shall be knowledgeable of, and subject to, all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.

SECTION 5. EXTRA SERVICES.

No extra services shall be rendered by CONTRACTOR under this Agreement unless such extra services first shall have been duly authorized in writing by the Director of Public Works or his designee.

SECTION 6. EXPENSES.

CITY shall not be liable to CONTRACTOR for any costs or expenses paid or incurred by CONTRACTOR in performing services for CITY unless authorized in writing by CITY. If any term or conditions conflict between this Agreement and any proposal, the Agreement shall take precedent.

SECTION 7. CITY DESIGNEE.

The Director of Public Works, or his designee, shall have the authority to act for and exercise any of the rights of the CITY as set forth in this Agreement, subsequent to authorization by the CITY.

SECTION 8. TERMINATION.
a. CITY and CONTRACTOR shall have the right to terminate this Agreement without cause, for any reason, with thirty (30) days' written notice. Termination shall become effective 30 days after delivery of written notice to the other party. The Parties shall continue to perform their respective obligations under this Agreement during the 30-day notice period.
b. Either party may terminate this Agreement for cause, effective immediately, upon written notice to the other party. For purposes of the Agreement, "cause" shall include, but not be limited to, a material breach of this Agreement.
c. Upon termination with or without cause, CITY shall pay to CONTRACTOR, within 30 days of receipt of a final invoice, all amounts due and owing to CONTRACTOR through the effective date of termination, for work CONTRACTOR performed to the CITY’s satisfaction, as solely determined by the CITY.

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SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

No regular employee of the CITY shall be employed by CONTRACTOR during the term of this Agreement.

SECTION 10. NON-LIABILITY OF OFFICIAL AND EMPLOYEES OF THE CITY.

No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY, or for any amount which may become due to CONTRACTOR.

SECTION 11. INDEPENDENT CONTRACTOR.
a. The CONTRACTOR is and shall, at all times, remain as to the CITY a wholly independent CONTRACTOR. As such, the CONTRACTOR shall have no power or authority to incur any debt, obligation or liability on behalf of the CITY. Neither the CITY nor any of its elected officials, officers, employees or agents shall have control over the conduct of the CONTRACTOR except as expressly set forth in this Agreement. The CONTRACTOR shall not at any time or in any manner represent that it is in any manner an elected official, officer, employee or agent of the CITY. Except as provided in this Agreement, CITY shall not pay salary, wages, or other compensation to CONTRACTOR for performance hereunder for CITY. CITY shall not be liable for compensation to CONTRACTOR, CONTRACTOR'S employees or CONTRACTOR'S subcontractors for injury or sickness arising out of performing services hereunder. Further, the CONTRACTOR is not entitled to any benefit typically associated with an employee, such as medical, sick leave or vacation benefit.
b. The Parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement.
c. CITY shall not deduct from the compensation paid to CONTRACTOR any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to CONTRACTOR. CITY shall have no responsibility to provide CONTRACTOR, its employees or subcontractors with workers' compensation or any other insurance.
d. PERS ELIGIBILITY INDEMNITY. In the event that the CONTRACTOR or any employee, agent, or subcontractor of the CONTRACTOR providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the CITY, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of the CONTRACTOR or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the CITY.

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

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SECTION 12. LEGAL RESPONSIBILITIES.

CONTRACTOR shall at all times observe and comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments including, but not limited to the Pico Rivera Municipal Code. The CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of the CONTRACTOR to comply with this section. CONTRACTOR shall obtain a CITY business license prior to commencing performance under this Agreement.

SECTION 13. INDEMNIFICATION.

To the fullest extent permitted by law, CONTRACTOR agrees to, and shall defend (with counsel of CITY’s choosing), indemnify, protect and hold harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of CONTRACTOR, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the CONTRACTOR’s Services or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorney’s fees and other related costs and expenses, except only liability arising out of the sole negligence of the CITY. CONTRACTOR shall reimburse CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

SECTION 14. INSURANCE COVERAGE.

The CONTRACTOR shall obtain and maintain during the life of this Agreement all of the following insurance coverage’s:
a. Comprehensive general liability, including premises-operations, broad form property damage, blanket contractual liability, independent contractors, and personal injury in the amount of One Million Dollars ($1,000,000) per occurrence/Two Million Dollars ($2,000,000) aggregate; b. Automobile liability for owned, hired and non-owned vehicles utilized by CONTRACTOR, its employees or subcontractors, in the amount of One Million Dollars ($1,000,000) combined single limit; and
c. CONTRACTOR shall obtain and maintain during the life of this Agreement workers’ compensation insurance for its employees and subcontractors as required by the laws of the State of California. d. Umbrella or excess liability in the amount of $5,000,000. The umbrella or excess insurance policy shall contain a clause stating that the umbrella or excess coverage takes effect when primary limits are impaired or exhausted.

CONTRACTOR shall require each of its subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement. Endorsements for the policies under Section 14(a) and (b) shall designate the CITY as an Additional named Insured. Prior to commencement of CONTRACTOR’s services pursuant to this Agreement, CONTRACTOR shall provide CITY with proof of insurance in the form of both certificates of insurance and endorsement forms as approved by the Office of the City Attorney. Refusal to submit such certificates shall constitute a material breach of this Agreement entitling the CITY to any and all remedies at law or in equity, including termination of this Agreement. If proof of insurance required under this Agreement is not delivered as required or if such insurance is canceled and not adequately replaced, the CITY shall have the right, but not the duty, to obtain replacement insurance and to charge the CONTRACTOR for any premium due for such coverage. The CITY has the option to deduct any such premium from the sums due to the CONTRACTOR. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days’ prior written notice to CITY.

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CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions. The insurance provided by CONTRACTOR shall be primary to any coverage available to CITY. Any insurance or self-insurance maintained by CITY shall be in excess of CONTRACTOR’s insurance and shall not contribute with it.

Insurance is to be placed with insurers authorized and admitted to write insurance in California and with a current AM Best’s rating of A-:VII or better. Acceptance of insurance from a carrier with a rating lower than A- :VII is subject to approval of the CITY’s Risk Manager. The CONTRACTOR shall immediately advise the CITY of any litigation that may affect these insurance policies.

SECTION 15. NONDISCRIMINATION.

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

SECTION 16. ASSIGNMENT.

CONTRACTOR shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY’s prior written consent, and any attempt to do so shall be void and of no effect.

CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.

SECTION 17. SEVERABILITY.

If any section, subsection, sentence, clause or phrases of this Agreement, or the application thereof to any of the Parties, is for any reason held invalid or unenforceable, the validity of the remainder of the Agreement shall not be affected thereby and may be enforced by the Parties to this Agreement.

SECTION 18. WAIVER.

Waiver by any Party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition or covenant hereof.

SECTION 19. ATTORNEY'S FEES & COSTS.

If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall been titled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.

SECTION 20. NOTICE.

Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand or overnight courier service during CONTRACTOR’s and CITY’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below:

If to CONTRACTOR:

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If to CITY:

City of Pico Rivera
Deputy Director of Public Works
6615 Passons Blvd. Pico
Rivera, CA 90660
Either Party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as provided herein.

SECTION 21. WARRANTIES
Each of the Parties represents and warrants to one another as follows:
a. It has as received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement;
b. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and c. It is agreed that each party has the full right and authority to enter into this agreement, and that the person executing this Agreement on behalf of either Party has the full right and authority to fully commit and bind such Party to the provisions of this Agreement. d. For services and materials CONTRACTOR provides pursuant to this Agreement, CONTRACTOR gives a warranty that expires one year after the expiration or termination of this Agreement.

CONTRACTOR’s warranty guarantees the workmanship and quality of said Services and materials.

If the CITY determines that CONTRACTOR’s Services or materials are deficient or defective, the CITY may require CONTRACTOR to, at CONTRACTOR’s cost, re-perform Services, or replace materials, or both. In addition, whether the CITY requires the CONTRACTOR to re-perform Services and replace materials, or the CITY (through CITY staff or a third party) corrects Services or replaces materials, CONTRACTOR shall be liable to the CITY for the CITY’s costs incurred in correcting Services and replacing materials.

SECTION 22. GOVERNING LAW.

This Agreement shall be interpreted and construed according to the laws of the State of California and venue shall be in the County of Los Angeles, State of California.

SECTION 23. MISCELLANEOUS
a. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions. b. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa. c. The representations and warranties (including indemnification obligations) made by the Parties to this Agreement shall survive the expiration and termination of this Agreement.

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d. This Agreement may be signed in any one or more counterparts, all of which taken together shall be but the same Agreement. Any signed copy of this Agreement, or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered. e. Each of the Parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party's failure to perform under this Agreement or any agreement referred to in this Agreement.
f. The respective duties and obligations of the Parties hereunder shall be suspended while and so long as performance hereto is prevented or impeded by strikes, disturbances, riots, fire, severe weather, government action, war acts, acts of God, or any other cause similar or dissimilar to the foregoing which are beyond the control of the party from whom the affected performance was due. g. Paragraph headings are only for convenience and shall not be used to construe meaning or intent. h. Each Party has cooperated in the drafting and preparation of this Agreement. Therefore, this Agreement shall not be construed against any Party on the basis such Party drafted this Agreement or any provision within it.
i. CONTRACTOR shall keep informed of State, Federal and Local laws, ordinances, codes and regulations that in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The CONTRACTOR shall at all times comply with such laws, ordinances, codes and regulations.

SECTION 24. ENTIRE AGREEMENT.

This Agreement contains the entire understanding between the CITY and CONTRACTOR. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect.

Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party.

IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
“CITY” “CONTRACTOR”

CITY OF PICO RIVERA
______________________________ _________________________________ Erik Lutz, Mayor
Dated: ________________________ Dated: ____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ _________________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney

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ATTACHMENT 4
NON‐COLLUSION AFFIDAVIT
The undersigned declares states and certifies that:

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

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

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

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

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

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

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

Signature of Authorized Representative

Name of Authorized Representative Title of Authorized Representative To: Mayor and City Council
From: City Manager
Meeting Date: February 13, 2024
Subject: GOLF COURSE FIRE DAMAGE REPAIR PROJECT (CIP
NO. F21345) - AWARD OF EMERGENCY CONTRACT
Recommendation:

1. Approve the plans and specifications for the Golf Course Fire Damage Repair Project (CIP No. F21345);

2. Award a Construction Contract for a not-to-exceed amount of $669,712 to Restoration Management Company for the Golf Course Fire Damage Repair Project (CIP No. F21345) and execute the contract in a form approved by the City Attorney;

3. Approve an additional appropriation of $33,452 from Fund 100 (General Fund) Undesignated Fund Balance GL Account No. 100.98.9800-56900 (Transfer Out) transferring to Fund 570 (Golf Course) GL Account No. 570.00.0000-47900 (Transfer In) and appropriate to GL Account No. 570.16.1620-54500-F21345 (Contracted Services);

4. Authorize the City Manager or his designee to process change orders, as needed, in an amount not-to-exceed $67,000 (approximately 10% of the total contract amount) for construction contingency; and

5. 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:

Funding for the Golf Course Fire Damage Repair Project is available in Account No. 105.70.7320-54500, CIP No. F21345, to be reimbursed by insurance, and less the replacement of the six foot by sixteen foot (6’x16') structural beam. The cost of the structural beam in the amount of $33,452 will need funding from Fund 100 (General Fund) Undesignated Fund Balance GL Account No. 100.98.9800-56900 (Transfer Out)
9 CITY COUNCIL AGENDA REPORT – MEETING OF FEBRUARY 13, 2024 GOLF COURSE FIRE DAMAGE REPAIR PROJECT (CIP NO. F21345) - AWARD OF

EMERGENCY CONTRACT

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to Fund 570 (Golf Course) GL Account No. 570.00.0000-47900 (Transfer In).

Additionally, appropriate these funds to the Golf Course Fire Damage Repair Project (CIP No. F21345) GL Account No. 570.16.1620.54500-F21345 (Contracted Services).

The remaining amount of approximately $636,260 will be reimbursed from our insurance provider.

Discussion:

On February 7, 2023, the Pico Rivera Golf Couse experienced a fire that damaged a portion of the clubhouse facility. Upon completion of the Fire Department’s investigation, the City’s insurance company immediately mobilized ATI Restoration to conduct urgent mitigation measures that included moisture mapping, boarding up of wall and roof openings, installation of temporary dehumidifiers in water damaged areas, placement of temporary portable odor elimination devices, extraction of remaining standing water, inspection of affected areas, placement of barriers around damaged areas and cleaning of the affected interior areas. The cost of this initial mitigation work is covered directly by the city’s insurance policy.

On February 16, 2023, and as instructed by the insurance company, the Department of Public Works requested proposals from on-call engineering consultants to assess the damage and to design the repairs. On March 7, 2023, Yao Engineering was issued a task order to their on-call professional services contract to provide design, plans, specifications, and estimates, for a total amount not-to-exceed $57,443. The scope of design is limited to the permanent repair of damaged portions of the clubhouse, to be restored to preexisting condition, and includes interior and exterior fire damaged walls, roof, doors and windows, and the replacement of electrical and mechanical equipment.

On November 15, 2023, the insurance company obtained bids from three (3) specialty contractors, based on the city-provided plans and specifications.

The following summarizes the bids received, as verified by the insurance adjuster:

Construction Company Bid Amount
Restoration Management Company $669,712.20
Belfor Property Restoration $891,310.28
ATI Restoration $959,321.00
Staff completed the analysis of the bids and determined Restoration Management Company to be the apparent lowest and responsible bidder. Staff have verified Restoration Management Company’s references and found their past performance in jobs of similar size and scope to be satisfactory. Their bid proposal, bonds, contractor’s license, and insurance documents are in order. The contractor has signed a construction agreement, and the City Manager has authorized the start of construction on an emergency basis. Its continuance is subject to this Council authorization.

CITY COUNCIL AGENDA REPORT – MEETING OF FEBRUARY 13, 2024 GOLF COURSE FIRE DAMAGE REPAIR PROJECT (CIP NO. F21345) - AWARD OF

EMERGENCY CONTRACT

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The anticipated schedule for the Project is as follows:
• Award and Start Construction as Emergency... January 16, 2024 • Complete Construction ………………….…...… April 2024
Construction Management/Inspection Contract
On September 19, 2023, a Request for Task Proposals (RFTP) was sent to prequalified firms under the on-call construction management and inspection services agreements to provide construction management and inspection services. On September 26, 2023, a total of one (1) proposal was received. Upon completed negotiations and concurrence from the City’s insurance company, a Task Order was issued to Willdan Associated in an amount not-to-exceed $42,193.

The total estimated project budget is summarized as follows:

Project Expenditures Amount
Design $57,443
Construction $669,712
Contingency (10%) $67,000
Construction Management and Inspection $42,193
Project Administration $30,000
Total Estimated Project Cost $866,348
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 Restoration Management Company for a not-to-exceed amount of $669,712, authorize the City Manager or his designee to process change orders, as needed, in an amount not-to-exceed $67,000 in contingency (approximately 10% of the total contract amount) to complete the project, and authorize the City Clerk to file the NOE with the County Recorder in accordance with CEQA.

Steve Carmona
CITY COUNCIL AGENDA REPORT – MEETING OF FEBRUARY 13, 2024 GOLF COURSE FIRE DAMAGE REPAIR PROJECT (CIP NO. F21345) - AWARD OF

EMERGENCY CONTRACT

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SC:NN:GE:NC:np
Enclosures: 1) Construction Contract
2) Notice of Exemption
9a
Enclosure 1

9b
To: Mayor and City Council
From: City Manager
Meeting Date: February 13, 2024
Subject: PURCHASE OF A PRE-ENGINEERED MULTIPURPOSE

AQUATICS BUILDING FOR THE SMITH PARK AQUATIC
CENTER PROJECT (CIP NO. 50043)
Recommendation:

1. Approve a Professional Services Agreement, in a form approved by the City Attorney with Romtec, Inc. (Romtec) for the purchase of one (1) Romtec Multipurpose Restroom/Shower/Storage/Pool Mechanical/Maintenance Control Building in the amount of $539,222;

2. Award a contract to Romtec through Sourcewell, Contract No. 081721-RMT; and

3. Authorize the City Manager to execute all agreements and documents related to the purchase of the recommended prefabricated restroom structure.

Fiscal Impact:

The fiscal year (FY) 2023-24 Amended Budget has appropriately allocated $78,569 in GL Account No. 699.70.7300-54500-CIP. 50043. These funds were specifically dedicated for the replacement of the boiler, heaters, and chemical room at Smith Park Aquatic Center. Dedicating these funds to this project will allow the City of Pico Rivera (City) to close out the grant.

The fiscal year (FY) 2023-24 Adopted Budget has appropriately allocated $8.5 million for the Smith Park Aquatic Renovation – Account No. 699.70.7300.54500-CIP.50043 for a total of $460,653, which will be utilized toward the prefabricated multipurpose building.

Background:

On August 23, 2022, the City formalized a collaboration with Dahlin Group, Inc. to enlist their expertise in Architect/Engineer (A-E) services for the design and construction support of the Smith Park Aquatic Center Renovation Project, identified as CIP No. 50043. Throughout the duration of this partnership, City staff have engaged closely with 10 CITY COUNCIL AGENDA REPORT – MEETING OF FEBRUARY 13, 2024

PURCHASE OF A PREFABRICATED MULTIPURPOSE AQUATICS BUILDING FOR THE SMITH PARK AQUATIC CENTER PROJECT (CIP NO. 50043)

Page 2 of 4 ends

the Dahlin Group to conceptualize and design a state-of-the-art aquatics facility. The improvements will aid in new aquatic programming and work to foster an array of activities. Anticipated benefits include growth in the amount of swim lessons offered, the introduction of therapeutic programs, and the development of specialized programming catering to seniors aged 55 and older. These enhancements are expected to elevate the overall quality of life for residents across various age groups and abilities within the community.

Discussion:

During the design phase, the Dahlin Group and City staff explored multiple alternatives for a new multipurpose building. This pre-engineered structure is intended to accommodate the chemical room, boilers, restroom, shower facilities, pool storage, and function as a maintenance control hub for the Smith Park Aquatic Center. Upon realizing that additional construction could incur substantial costs, it was decided that opting for a prefabricated building would be more cost-effective and a time-saving approach due to the simple design configuration. Procuring the pre-engineered pool mechanical and storage structure is estimated to save approximately two (2) months in time compared to a traditional build. Choosing a traditional construction method could potentially lead to increased costs due to material cost escalation and design service expenses.

Over the last year, City staff have collaborated with Romtec to optimize the building’s structure and material selections in order to minimize overall costs. The initial conceptual design cost estimate was grounded in a steel-framed building, whereas Romtec’s figures were derived from a concrete masonry units (CMU) building structure.

The cost breakdown is shown in the table below:

Dahlin will engage with Romtec in the same manner as with any other design engineer.

All direction, inquiries, and scheduling will be directed through Dahlin for streamlined

ROMTEC TRADITIONAL BUILD
MATERIAL COSTS $590,000 $400,000
SOURCEWELL SAVINGS ($50,000) -
GC MARKUP (10%) $40,000

POTENTIAL MATERIAL COST
ESCALATION (10%)
$40,000
POTENTIAL DESIGN ADD SERVICES $30,000

ESTIMATED SCHEDULE EXTENTION
COST
(ADDITIONAL STAFF/TEAM TIME)
- $80,000 (2 MONTHS)
ESTIMATED RIBBON CUTTING END OF 2025 EARLY 2026
ESTIMATED TOTAL $540,000 $590,000
CITY COUNCIL AGENDA REPORT – MEETING OF FEBRUARY 13, 2024

PURCHASE OF A PREFABRICATED MULTIPURPOSE AQUATICS BUILDING FOR THE SMITH PARK AQUATIC CENTER PROJECT (CIP NO. 50043)

Page 3 of 4 ends

coordination for a single source of point of contact. Dahlin conducted an initial assessment with the LA County Fire Department to address specific concerns. This proactive step has provided the City with an advantageous head start in validating the design and securing approvals from both the City’s Building Division and obtaining official approval from the Los Angeles County Fire Department.

Currently, Romtec is approximately 95% complete with design. Additional engineering and utility coordination will not affect pricing. Through staff’s analysis and evaluation, it has been determined that a pre-engineered multipurpose building from Romtec aligns most effectively with the City’s timeline. Opting to precure the pre-engineered multipurpose building through Romtec, via Sourcewell, is the recommended course of action based on the comprehensive assessment. The Romtec Professional Services Agreement is valued at $539,222 and covers the cost of components and supplies. The installation of the Romtec pre-engineered building will be performed by the awarded general contractor performing the work for the overall project as past studies showing it would be more cost effective for the general contractor to provide the installation instead of Romtec since the chosen general contractor will have all the necessary subcontractors on-site for the rest of the project. Moreover, purchasing the pre-engineered multipurpose building by Romtec, through Sourcewell, meets all the requirements set forth by the Pico Rivera Municipal Code (PRMC) regarding regional cooperative purchasing agreements.

Sourcewell Contract No. 081721-RMT establishes pre-approved vendors by following a nationwide competitive Request for Proposal process for prefabricated structures and related services. This ensures that the City, as a member, receives the highest qualified, best available pricing for the prefabricated multipurpose building, while meeting the formal purchasing policies and procedures. The City has utilized Sourcewell for previous City purchases. Cooperative or Piggyback Purchasing such as the one proposed here, is authorized by Section 3.20.030 (Exemptions from chapter application) of the PRMC.

Conclusion:

Staff recommends that the City Council approve a Professional Services Agreement with Romtec, Inc. in the amount not-to-exceed $539,222 and award a contract to Romtec, through Sourcewell Contract No. 081721-RMT for the purchase of one (1) Romtec Inc., pre-engineered, multipurpose aquatics building, and authorize the City Manager to execute all agreements and documents related to the purchase.

Steve Carmona
SC:PY:KK:DF:MP
Enclosures: 1) Professional Services Agreement/Exhibit A (Romtec Inc. Proposal) 2) Sourcewell Contract No. 081721
3) Grant Award Letter
CITY COUNCIL AGENDA REPORT – MEETING OF FEBRUARY 13, 2024

PURCHASE OF A PREFABRICATED MULTIPURPOSE AQUATICS BUILDING FOR THE SMITH PARK AQUATIC CENTER PROJECT (CIP NO. 50043)

Page 4 of 4 ends

© 2021 ROMTEC, INC. ALL RIGHTS RESERVED. THESE PLANS AND DRAWINGS MAY NOT BE REPRODUCED, ADAPTED OR FURTHER DISTRIBUTED, AND NO BUILDINGS MAY BE CONSTRUCTED FROM THESE PLANS, WITHOUT THE WRITTEN PERMISSION OF ROMTEC, INC. PICO RIVERA, CALIFORNIA SMITH PARK AQUATIC CENTER 18240 NORTH BANK ROAD - ROSEBURG, OR 97470 (541) 496-3541 FAX (541) 496-0803 Enclosure 1 10a Contents

1. Process – Start to Finish

2. Key Notes

3. Romtec Scope of Materials Supply

4. Delivery, Storage, and Handling

5. Warranty and Limitations

6. Scope of Supply and Services by Others
Preliminary
Scope of
Supply and
Services
Building Supply Only
Project: Smith Park Aquatic Center Renovations
Location: Pico Rivera, CA
Date: 11/14/2023
Romtec, Inc. | 18240 North Bank Road | Roseburg, OR 97470 | 541-496-3541 | Email: [email protected] | www.romtec.com

Page 1 of 6 ends

Section 1 below is an outline of the scope of products and services that will be included as part of the Romtec building package. Section 2 below is an outline of the scope of work for the installer to complete installation.

Section 1 – Romtec Scope

1.Process – Start to Finish
Below is an outline of Romtec’s process for designing, producing, and delivering the building kit(s). This process may require the customer to release Romtec to begin production prior to receipt of final building permit(s).

A. Romtec Provides a Quote/Proposal

1. Customer will have 30 days to place a purchase order after receipt of the Romtec quote.

2. If the customer has not placed a purchase order within the time above, Romtec reserves the right to update pricing.

3. Romtec’s Quote/Proposal will include Credit Application and Project Information forms.

4. Depending on the nature and complexity of the project, Romtec’s Quote/Proposal may also include a proposed payment schedule. Otherwise, a proposed schedule will be provided in the next step.

B. Customer Provides Signed Purchase Order, Completed Credit Application, and Completed Project Information form

1. Romtec and the customer will finalize the agreed payment schedule.

C. Romtec provides the full Scope of Supply and Design Submittal package (SSDS)

1. Romtec provides the SSDS in Romtec’s standard electronic submittal format.

2. The SSDS will include the building plan view and elevation drawings, product data sheets, and further details of the Romtec building. The SSDS supersedes this preliminary scope letter.

D. Customer reviews and comments on the SSDS

1. At this time, the SSDS should also be provided for review and comment by any other relevant entities, such as an end owner, installer, electrician, utility company, etc.

2. The SSDS typically does not contain final sealed plans and is NOT intended for review by the local building department (or other permitting authority) at this time.

3. Customer will have 45 days from purchase order date to approve the SSDS.

E. Customer Approves the SSDS and releases Romtec to begin production

1. The customer approves the SSDS and releases Romtec to begin production by signing the submittal approval and Notice to Proceed on Production (NTP) forms included in the SSDS. Romtec cannot begin production without a signed NTP form.

2. The customer’s approval of the SSDS is approval of the general building layout and relevant products/ materials. Romtec will provide sealed plans only AFTER the SSDS is approved.

3. Customer will have a maximum of ninety (90) days from the purchase order date to provide NTP.

If the 90-day approval deadline is missed, Romtec reserves the right to update pricing at any time.

F. Romtec provides the Full Sealed Plan Set

1. After the customer has approved the SSDS, Romtec will provide the customer with the Full Sealed Plan Set for review by the local building department (or relevant permitting authority).

2. The Full Sealed Plan Set will include all relevant calculations, and all architectural, mechanical, structural, electrical, and plumbing plan sheets stamped by an architect or engineer licensed in the state where the project is located.

3. Romtec’s standard plan size is 11”x17”.

G. The local building department reviews and comments on the Romtec plans

1. Romtec will revise and resubmit the Full Sealed Plan Set per comments from the local building department (or relevant permitting authority).

2. Romtec includes one revision of the Full Sealed Plan Set in response to building department comments. Any comments that result in revisions of the sealed plans may result in a price increase, especially if they affect items that are already in production.

H. The local building department approves the revised Romtec plans

1. Romtec will provide up to two (2) sets of the final, approved, for-construction plans.

2. Romtec will complete production/manufacturing of the building package per the final approved plans.

I. Romtec delivers the completed building package

1. Romtec will package and palletize the completed building package, and then coordinate with the customer to deliver the package to the jobsite for construction by the installer.

2. Romtec’s warranty period begins.

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2.Key Notes
A. The following are important assumptions and/or clarifications regarding the proposal.

1. Materials in Chem & Electrical Rooms to be 1-Hour Fire Rated

2. Romtec is excluding the breaker panel for all site electrical and pool equipment.

3. Romtec will coordinate the design for the Garage Doors, Pump Hoist System, and Canopies to be “Installer Supplied”.

3.Romtec Scope of Materials Supply
A. Structure

1. Romtec’s proposal includes the specific color selections noted below. Deviation from these may result in a price increase.

2. The following building package structural items will be supplied by Romtec. a. Concrete Masonry Units - CMU
i. Exterior walls will be constructed of smooth-face, mortar joint, concrete masonry units (concrete blocks).
ii. Block color will be gray.
b. Exterior finish shall be fiber cement lap siding.
i. Siding to be hardie plank lap siding, cedarmill, in the Boothbay Blue color. ii. Hardie trim to be Boothbay Blue color to match siding. c. Exterior siding accent and ceiling finish for exterior showers to be Trespa Pura Classic Oak, high pressure laminate siding panels.
i. Trespa siding to be running bond pattern.
d. Exterior tile for showers.
i. Back wall to be Brior Glass Mosaic Tile in Twilight Gradient. ii. Side walls to be Daltile Median - Gray/Matte Color Code: MN44 (24"x24") e. Interior restroom wall finish to be Daltile 8"x24" vertical running bond pattern" in Arctic White 1012 and Mustard 1012.
f. Fixed windows high up on the walls above the roll-up doors and exterior showers. g. Doors, frames and hardware
i. Stainless steel, ball bearing hinges.
ii. Heavy duty door closers.
iii. Doors to have stainless steel kick plates and aluminum thresholds and sweeps. iv. Pull handle with deadbolt locks.
v. Double doors/frames to have louvered door vents.
h. Railings around Vault Pits with removable section below Hoist System for easy pump removal.
i. Roofing materials
i. Pre-engineered TJI joist roof system with R-38 batt insulation and hardi fascia in Boothbay Blue.
ii. TPO - Single Ply - Carlisle syntec fleece back with scupper location over shower area.
iii. All exposed steel is powder coated RAL 7035 to match window frames, canopies and bi-fold doors.

Note: Powder coat color to be confirmed by owner from standard RAL color chart. iv. Metal standing seam roofing to be Pac-Clad, Snap-Clad roofing panels.

Note: Roofing color shall be selected by the owner from the manufactures standard color chart.

B. Plumbing Fixtures and Accessories

1. The following items relative to the fixtures will be supplied by Romtec:
a. Wall mount, stainless steel toilets with concealed, hydraulic flush valves. b. Lavatory sinks shall be single sink with faucet, soap dispenser and hand dryer. i. Counter to be Rainer
ii. Brushed black stainless faucet
iii. Bradley verge with washbar LVQDI
c. Exterior, thru-wall, metered shower fixtures with stainless steel back panel. d. Wall mount, designer series grab bars, matte black finish. e. Wall mount, Bradley 780 Series mirrors.
f. Wall mount, toilet paper dispenser, Bobrick B-4288 Contura Series. g. Trash can, Bobrick B-35639.

Page 3 of 6 ends

h. Baby changing station, Bobrick KB-300-SS.
i. Surface mount, stainless steel, bi-level drinking fountain with bottle filler. j. Floor mount, stainless steel, 2-bay utility sink with pre-rinse faucet. k. Tankless natural gas water heater to support restroom sinks and exterior showers. l. Trench drains for restrooms and drinking fountain area.

C. Electrical Fixtures

1. The following electrical fixtures will be supplied by Romtec:
a. Exterior lighting
i. Wall cylinder, LED downlight fixtures.
ii. Lights controlled by photocell.
iii. Exterior recessed lights for restroom entry.
b. Interior lighting
i. Recessed, LED canned light fixtures.
ii. Light controlled by switch (supplied by installer). c. Exhaust fans for restroom entries and showers.
d. Mechanical exhaust package with inline fans for chemical and electrical rooms. e. Main breaker panel sized for the building components. i. 200 amp, single-phase, indoor.

Note: Electrical breaker subpanel is for Romtec supplied electrical items ONLY.

4.Delivery, Storage, and Handling
A. Delivery Vehicle Size

1. Romtec’s delivery vehicles are vans or trucks with 53’ trailers, or the largest trailer up to 53’ that is legally allowed to access the job site. Overall dimensions of the delivery vehicles are:
a. 70’ overall length
b. 102” wide
c. 168” high
B. Number of Deliveries

1. Romtec bases its freight quote on the optimal minimum number of deliveries. If the customer elects to increase the number of deliveries, it may result in additional freight charges.

2. Regardless of the number of deliveries, the customer is responsible for all offloading and related costs.

C. Delivery inspection

1. Romtec allows for five (5) business days for the customer to inspect and accept the delivered building package.

2. Any items not specifically rejected after five days are considered accepted.

5.Warranty and Limitations
A. Warranty

1. Please review the Romtec warranty by clicking the link below:
https://romtec.com/wp-content/uploads/2022/03/4.01-Romtec-Warranty-2-28-22.pdf B. Disclaimers

1. Romtec passes along the manufacturer’s warranty for metal roofing. Most metal roofing manufacturers intend for their roofing to be installed immediately upon delivery from the factory; otherwise, most have special storage requirements to validate their warranty. All project circumstances are different, and because Romtec cannot guarantee that metal roofing is installed within the timeframe allowed from the manufacturer or that the metal roofing will be stored at the jobsite according to the manufacturer’s requirements, Romtec does not include metal roofing in the overall Romtec building warranty.

2. Smooth face CMU block can have a significant variation in color and texture and should never be used as an architectural finish. Smooth face CMU block should always be either painted or have siding covering it. Romtec does not guarantee uniform color or texture of block, nor claim that any aspect of block color or texture will remain stable over time.

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Section 2 – Installer Scope (by others)

6.Scope of Supply and Services by Others
A. Overview
The following section includes an overview of items to be provided by others that are required to complete the installation of the Romtec building package.

1. Items in this section are typically provided by the installer, or, for projects where the installer is separate subcontractor of the general contractor and/or owner, some items are typically provided the contractor.

2. The items below are separated into installer items and contractor items. If the installer and contractor are the same entity, then that entity is responsible for all items in this section.

B. Installer Scope
The installer’s scope will generally consist of foundation/pad construction and building package assembly/construction.

1. Structural
The following structural components will be provided by the installer:
a. All materials, equipment and labor for footings and interior slabs. b. Latex epoxy paint wall finish.
c. Gypsum board ceiling finish.
d. Caulking.
e. Concrete sealant CMU block exterior.
f. Restroom Floor Finish to be epoxy sealed concrete (Fluid Chemical Ultrasil Lite+) w/Broom Finish to meet aquatic facility code slip resistance coefficient supplied by installer. g. Masonry (concrete) grout and rebar
h. The installer may be required to notch CMU block for bond beams, cut full blocks to create half blocks and grind blocks for fixture mounting purposes.

Note: Romtec is not responsible for any cost or installation delays associated with this CMU block modification work.
i. Sealant for all exposed wood.
j. Typical fasteners such as nails, staples, and screws, and any other fasteners not included in product packaging.
k. Doors/frames arrive factory primed to be painted on-site by building installer. i. Restroom Doors/Frames paint color to be Benjamin Moore Deep Royal 2061-10, supplied by installer.
ii. Storage & Mechanical Room Doors paint color to be Benjamin Moore Hudson Bay 1680 supplied by installer.
l. Gutters and downspouts are supplied and installed by building installer. m. Vault pits in pool equipment room by installer per drawings. n. 4’x8’ Steel Canopies over the restroom entry & 8'x32' bleachers to be Rod & Clevis Canopy with Pattern #28 by Bok Modern.
a. Canopy color to be semi-gloss light grey to closely match the window frames/folding door frames.
j. I-beam and pump hoist system.
k. Garage doors.
i. (2) 10’-0”H x 16’-0”W electric operated, bi-fold garage doors to have clear anodized frame with solid panels to match frame on the lower half and frosted duel pane glass on the upper half.
ii. 10’-0”H x 14’-0”W roll-up garage door.

2. Plumbing
The following plumbing components will be provided by the installer. a. Plumbing rough-in, installation and trim within 10’ of the building footprint will be by the installer.
b. All water and sewer piping and floor drains within the building footprint are provided by the installer.
c. Floor drains are installer supplied.

3. Electrical
The following electrical components will be provided by the installer.

Page 5 of 6 ends

a. Electrical rough-in, installation and trim within 10’ of the building footprint will be by the installer.
b. All switches and outlets that are not included with electrical products are provided by the installer.
c. Aquatic equipment electrical subpanels are to be installer supplied.

4. Other materials, equipment, and services
The following materials, equipment, and services are provided by the installer. a. Building package installation
b. All other items within the building footprint indicated on final plans or required by building codes to complete installation of the building package which are not specifically stated as supplied by Romtec or by others.

C. Contractor Scope
The contractor’s scope will generally consist of site preparation and grading, excavation for structures, backfill and/or structural backfill, and any site work or utility work outside the building package footprint.

1. Structural
The following items relative to the structural components will be supplied by the contractor:
a. All materials, equipment and labor for exterior slabs and sidewalks. b. If required, design and supply of gutters and downspouts is by the contractor or others.

Romtec can show basic gutters and downspouts on the plans upon request.

2. Plumbing
The following plumbing components will be provided by the contractor. a. Incoming plumbing utilities to within 10’ of the building exterior will be by the contractor. b. All water and sewer piping, drains, and valves external of the building footprint are provided by the contractor.

3. Electrical
The following electrical components will be provided by the contractor. a. Incoming electrical utilities to with 10’ of the building exterior are provided by the contractor.
b. Electrical meter base and meter are provided by the contractor.

4. Other materials, equipment, and services
The following materials, equipment, and services are provided by the contractor. a. Site grading and/or asphalt
paving
b. Masonry pavers
c. Branch circuit breakers
d. Fire alarm & fire
suppression equipment
e. Gutters and downspouts
f. Lighting equipment not
attached to the building
g. Backflow check valves &
drain valves
h. Freeze protection
i. Landscaping
j. Special inspection services
k. Permits and fees
l. Site plans
m. Geotechnical reports
D. Delivery, Storage, and Handling

1. The installer and/or contractor will be responsible for all equipment and labor required for offloading of the delivered building package onsite. This includes providing appropriate equipment, including but not limited to a forklift with minimum 8,000 lb. capacity and 6 ft. fork extension.

2. Installer or contractor shall comply with all handling instructions/recommendations provided by Romtec.

3. The installer and/or contractor will assume responsibility for adequate protection of delivered materials from weather, damage, and pilferage or all warranties, expressed or implied may be voided.

4. Do not throw away the Operations & Maintenance manuals that are provided by some manufacturers in their product packaging. It is the responsibility of the installer and/or contractor to collect and maintain these manuals until delivered to the owner.

E. Romtec General Exceptions/Exclusions
The following are items that Romtec does not provide as part of its standard products and services.

1. Site visits by Romtec staff are not included in the proposal.

Note: If site visits are required, Romtec will issue a change order.

2. Unless otherwise stated, Romtec is not proposing to meet any Buy America standard for materials.

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3. Romtec’s proposed building design is based on the following standard design loads. These standard design loads are typical for many locations. Local design loads specific to this project may require changes to the building design, which may result in a price increase due to increased material costs.
a. Roof Snow Load: 25 psf
b. IBC Seismic Design Category: C
c. Design Wind Speed: 110 mph
d. Allowable Soil Bearing: 1500 psf
e. Occupancy Type: U
f. Type: VB

4. Any site utility sizing shown on the Romtec plans is either based on design criteria provided by others or based on Romtec’s assumption of the appropriate sizing. Site utility sizing must be confirmed by the customer. Romtec is not responsible for determining or confirming site utility sizing.

5. To ensure timely delivery of the building package amid ongoing and industry-wide disruptions to shipping, parts/materials availability, and lead times, Romtec reserves the right make equivalent or better substitutions at any time for any components that are not specifically required to match an exact brand/model.

6. Romtec does not provide LEED/Green submittals as a standard service. Romtec can assist in providing documentation for products that may meet LEED/Green standards, but Romtec does not provide or fill out LEED credit forms. Unless specifically included in Romtec’s proposal and quote, Romtec does not supply materials with the intent of meeting LEED standards. Any changes due to LEED or Green building requirements will result in a change order and increased lead times.”

7. Any CMU block plan(s) provided by Romtec are only accurate if Romtec supplies the CMU block.

8. All steel fabrication work is performed by qualified fabricators in conformance with engineered drawings. Romtec does not offer third party certification or inspection of steel fabrication work.

Note: Romtec’s scope of work is based on customer acceptance of the terms and conditions of the Romtec quote proposal, which may be attached here or provided separately. 100'-0" 1 A3.1
3A3.1
14'-8" 14'-0" MO ENTRANCE ALCOVE TO HAVE FIBER CEMENT CEILING FINISH -COLOR BOOTHBAY BLUE 1 A3.2
6'-8"
MO
16"
2023 ROMTEC, INC. ALL RIGHTS RESERVED. THESE PLANS AND DRAWINGS MAY NOT BE REPRODUCED, C ADAPTED OR FURTHER DISTRIBUTED, AND NO BUILDINGS MAY BE CONSTRUCTED FROM THESE PLANS.

WITHOUT THE WRITTEN PERMISSION OF ROMTEC, INC.
18240 NORTH BANK ROAD
ROSEBURG, OR 97470
(541)-496-3541 FAX (541)-496-0803
PROJECT:

PAGE TITLE:

SHEET TITLE: A1.1

FLOOR PLAN
AA2.1
DA2.2
A
B
C
1 D FLOOR PLAN SCALE: 1/4" = 1'-0" 10'-0" 44'-8" 34'-8" 12'-8" 3'-4" 6'-8" MO 3'-4" 3'-4" MO 10'-8" 6'-8" MO 3'-4" 6'-8" MO 3'-4" 6'-8" MO 10'-8" 16'-0" MO 2'-0"22'-8" 28'-8" 6'-8" MO 16" 25'-4" 37'-4" AQUATIC EQUIPMENT ELECTRICAL SUB PANELS NOT BY ROMTEC CHEM 4 CHEM 3 CHEM 2 CHEM 1 99.4 SF 106.7 SF 106.7 SF 106.7 SF POOL STORAGE 56" x 60" 30" x 60" 36" x 48" 36" x 48" 36" x 48" 36" x 48" 36" x 48" 36" x 48" INSTANT NATURAL GAS WATER HEATER, EXHAUST THROUGH ROOF. LOUVER CONCRETE SLAB BY INSTALLER 10'-0" 10'-0" 10'-0" 10'-0" 15'-4" 10'-0" 6'-8" 18" 12"10'-0" 8'-8"
35'-4" 48" x 48" 60" x 60" 30" x 48" 30" x 48" 30" x 48" 40 1/4" 36" MIN
12"
16" 3'-4"
MO
2'-0" 16" 3'-4" MO 32" 10'-0" H x 14'-0" W ELEC. ROLL-UP-DOOR (INSTALLER SUPPLIED) 16'-0" 2'-0" 7/13/2023 1 TY 2'-0" X 2'-0" FIXED WINDOWS STEEL FRAMED W/ PEBBLED POLYCARBONATE INSERT - COLOR RAL 7035 HIGH UP ON THE WALL, TYP. (9) RAISED SLAB 7'-4" DOORS W/ 18x18 LOUVER VENT, AS NOTED STEEL LINTEL, TYP. WINDOWS ABOVE SHOWER AREA, TYP. SUPPORT FOR I-BEAM, TYP. ELECTRIC HOIST CRANE W/ HAND CONTROL AND PUSH TROLLEY (INSTALLER SUPPLIED) ATTACHES TO I-BEAM 32'-0" 8'-0" 8'-0" X 32'-0" BOK MODERN ROD & CLEVIS CANOPY W/ METAL INSERT B28 - COLOR RAL 7035 OVER BLEACHERS (INSTALLER SUPPLIED) MECH SYSTEM FOR ELECTRICAL / MECH ROOMS TO BE DETERMINED FAMILY ROOMS EXHAUSTED W/ TD-100 INLINE FANS THROUGH ROOF, TYP. (2) 4'-0" 8'-0" RAILING MECH
BA2.1
CA2.2 10'-0" H x 16'-0" BI-FOLD DOOR CLEAR ANODIZED FRAME WITH UPPER HALF FROSTED DUAL PANE GLASS & LOWER HALF SOLID PANELS (INSTALLER SUPPLIED), TYP. (2) 4'-0" X 8'-0" BOK MODERN ROD & CLEVIS CANOPY W/ METAL INSERT B28 - COLOR RAL 7035 OVER RESTROOM ENTRANCE (INSTALLER SUPPLIED) ALL INTERIOR CEILINGS TO BE FINISHED W/ MOISTURE RESISTANT GYPSUM BOARD - INSTALLER SUPPLIED CAST-IN PLACE CONCRETE VAULT PIT W/ 6" HIGHER VAULT PIT DIVIDER BY INSTALLER SLOPE OF 2% TO ALL FLOOR DRAINS THROUGHOUT BUILDING, TYP. 21'-4" DOWNSPOUT LOCATION, TYP. (3) 5'-4" FAMILY ROOM DOORS TO BE BENJAMIN MOORE "DEEP ROYAL 2061-10", TYP. FLOOR SINK W/ GRATE BY INSTALLER, TYP. (4) ACCENT WALL TILE (BACK WALL OF FAMILY ROOM & ENTRANCE ALCOVE) - DAL - SEMI-GLOSS - MUSTARD 1012 8"X24", VERTICAL RUNNING BOND PATTERN, TYP.

VAULT PIT DIVIDER WALL TYPE SCHEDULE 8" REINFORCED CONCRETE MASONRY BLOCK WALL WITH MORTAR JOINTS, GROUTED SOLID ALL CELLS RUNNING BOND PATTERN. NOTE: MOUNTING HEIGHTS & LOCATIONS FOR ADA FIXTURES/ACCESSORIES ARE DIMENSIONED ON A1.2, A1.3 & A1.4 SHEETS 2A3.1 ELECTRICAL 167.5 SF 3" VTR 32 3/4" BP
1 2
3 4
5 6
7 8
9 FD-3 GB18 GB42
GB36 GB18 GB42GB36 DDDD WC-1FD-1 FD-1 DF-1 DF-1 FD-3 FD-3 FD-3 FD-3 FD-3 FD-2 FD-2 FD-2 FD-2 FD-2 FD-2 FD-2 DS DS DS TO BE 1-HOUR FIRE RATED (FLAME BLOCK CEILING FINISH) 8 7
6 5
2 CHEM 4 CHEM 3 CHEM 2 CHEM 1 ELECTRICAL 167.5 SF 99.4 SF 106.7 SF 106.7 SF 106.7 SF POOL STORAGE S-2
FS
3 FAMILY ROOM 10
4 FAMILY ROOMTP
9 1
GB24x36 PIT AREA PIT AREA LV-1
LOUVER
LOUVER
LOUVER
LOUVER
LOUVER
LOUVER
LOUVER
LOUVER
LOUVER
LOUVER

LOUVER LOUVER LOUVER
LOUVER LOUVER 5'-0" DEEP 5'-0" DEEP
WR TO BE 1-HOUR FIRE RATED (FLAME BLOCK CEILING FINISH) 8'-0" MECH TO BE 1-HOUR FIRE RATED (FLAME BLOCK CEILING FINISH) TO BE 1-HOUR FIRE RATED (FLAME BLOCK CEILING FINISH) TO BE 1-HOUR FIRE RATED (FLAME BLOCK CEILING FINISH) HB-1 HB-1 HB-1 LV-1 WC-1 WR HDHD TPFD-1 32 3/4" 3" VTR 3" VTR 3" VTR 3" VTR FD-3 5'-8" FAMILY ROOM WALL TILE - DAL - SEMI-GLOSS - ARCTIC WHITE 0190 8"X24", VERTICAL RUNNING BOND PATTERN, TYP. FAMILY ROOM FLOOR FINISH TO BE EPOXY (FLUID CHEMICAL ULTRALITE+) W/ BROOM FINISH. FINISH TO MEET AQUATIC FACILITY CODE SLIP RESISTANT COEFFICENT. 2023 ROMTEC, INC. ALL RIGHTS RESERVED. THESE PLANS AND DRAWINGS MAY NOT BE REPRODUCED, C ADAPTED OR FURTHER DISTRIBUTED, AND NO BUILDINGS MAY BE CONSTRUCTED FROM THESE PLANS.

WITHOUT THE WRITTEN PERMISSION OF ROMTEC, INC.
18240 NORTH BANK ROAD
ROSEBURG, OR 97470
(541)-496-3541 FAX (541)-496-0803
PROJECT:

PAGE TITLE:

SHEET TITLE: A2.1

ELEVATION VIEWS
A ELEVATION VIEW SCALE: 1/4" = 1'-0" FG
10'-0"
GB##x36 GB24x36 GUTTERS & DOWNSPOUTS (BY INSTALLER) CONCRETE WALK (BY INSTALLER) METAL STANDING SEAM ROOFING - 18” SNAP CLAD: 22GA W/ PENCIL RIPS (2 OR RECOMMENDED AMOUNT), COLOR: MUSKET GRAY OVER UNDERLAYMENT - ICE & WATER SHIELD AT PERIMETER/RIDGE FOR 24" MIN. & #30 ROOFING FELT IN FIELD, TYP. FG FG 35'-4" 5/4X4 FIBER CEMENT TRIM - COLOR BOOTHBAY BLUE, TYP. 12'-10" LF-1 14'-8" 2'-0" 3'-4" M.O. 1'-4" 5'-4" 2'-0" 16'-0" M.O. 2'-0" 16'-0" M.O.

B ELEVATION VIEW SCALE: 1/4" = 1'-0" 4'-0" X 8'-0" BOK MODERN ROD & CLEVIS CANOPY W/ METAL INSERT B28 OVER RESTROOM ENTRANCE (INSTALLER SUPPLIED) 37'-4" 25'-4" 1'-4" BLEACHER AREA (PROVIDED BY OTHERS) 7/13/2023 UPDATED FLOOR PLAN 1 TY 10'-0" H x 16'-0" BI-FOLD DOOR CLEAR ANODIZED FRAME WITH UPPER HALF FROSTED DUAL PANE GLASS & LOWER HALF SOLID PANELS (INSTALLER SUPPLIED), TYP. (2) TO UNDERGROUND DRAIN BACK WALL OF SHOWER TO BE FINISHED W/ MODWALLS BRIO-GLASS-MOSAIC TILE - TWILIGHT-GRADIENT 10'-0" 8'-0" X 32'-0" BOK MODERN ROD & CLEVIS CANOPY W/ METAL INSERT B28 (INSTALLER SUPPLIED) OVER BLEACHERS 8'-0" X 32'-0" BOK MODERN ROD & CLEVIS CANOPY W/ METAL INSERT B28 (INSTALLER SUPPLIED) OVER BLEACHERS IMPROVE SHOWER AREA, 12
2 1 14'-0" M.O.
10'-0"HIGH PRESSURE LAMINATE SIDING PANELS (TRESPA PURA) W/ FLUID APPLIED WATERPROOFING OVER 8"X16" SMOOTH FACE REINFORCED CONCRETE MASONRY BLOCK (CMU) WALL. 13'-4" 2'-0" X 2'-0" FIXED WINDOWS STEEL FRAMED W/ PEBBLED POLYCARBONATE INSERT - COLOR RAL 7035 HIGH UP ON THE WALL, TYP. (9) 100'-0" FG 10'-0" H x 14'-0" W ROLL-UP-DOOR (INSTALLER SUPPLIED) LF-1 PARTITION/SIDE/ WALLS OF SHOWER TO BE FINISHED W/ DAL TILE - MEDIAN - COLOR GRAY/MATTE MN44 24"X24" EXTERIOR SIDE OF SHOWER WALLS & CEILING TO BE FINISHED W/ TRESPA PURA (RUNNING BOND PATTERN TO MATCH THE REST OF COMPLEX) & TRIM - COLOR CLASSIC OAK TPO SINGLE PLY MEMBRANE OVER SHOWER AREA - SLOPE TO SCUPPER/DOWNSPOUT @ ELEVATION 'D', TYP. 8'-0" ±
FINISHED CEILING HEIGHT 18'-8" 18'-8" DOORS TO BE BENJAMIN MOORE "HUDSON BAY 1680", TYP. (8) 6'-8"
9 8
7 6
5 4
3 2 1 FIBER CEMENT 5/4X8 @ PEAK, 5/4X6 FASCIA @ RAKE EAVE - COLOR BOOTHBAY BLUE, TYP.

SHEET NO.
2023 ROMTEC, INC. ALL RIGHTS RESERVED. THESE PLANS AND DRAWINGS MAY NOT BE REPRODUCED, ADAPTED OR FURTHER C DISTRIBUTED, AND NO BUILDINGS MAY BE CONSTRUCTED FROM THESE PLANS, WITHOUT THE WRITTEN PERMISSION OF ROMTEC, INC.

SHEET TITLE: A2.2

WITHOUT THE WRITTEN PERMISSION OF ROMTEC, INC.
18240 NORTH BANK ROAD
ROSEBURG, OR 97470
(541)-496-3541 FAX (541)-496-0803
PROJECT:

PAGE TITLE:

DATE DESCRIPTION REV BY
PICO RIVERA, CALIFORNIA DRAWN BY: 09/29/2023 SAQ01 DATE: PLAN SET# CR PAGE NO. SMITH PARK AQUATIC CENTER JOB CREATED: 11/6/2023 - LAST SAVED BY: Cassi ON 11/6/2023 - LAST PRINTED: 11/6/2023 - LOCATION: O:\Engineering RI\Plan Sets\SAQ01-Smith Aquatic, CA\SAQ01-Smith Aquatic-2999, CA-231106.dwg A2b EXTERIOR ELEVATIONS NOT FOR CONSTRUCTION C ELEVATION VIEW SCALE: 1/4" = 1'-0" FG 100'-0" 28'-8" 4'-0" X 8'-0" BOK MODERN ROD & CLEVIS CANOPY W/ METAL INSERT B28 OVER RESTROOM ENTRANCE (INSTALLER SUPPLIED) 10'-8" FIBER CEMENT 5/4X8 @ PEAK, 5/4X6 FASCIA @ RAKE EAVE - COLOR BOOTHBAY BLUE, TYP. GUTTERS & DOWNSPOUTS (BY INSTALLER) CONCRETE WALK (BY INSTALLER) METAL STANDING SEAM ROOFING - 18” SNAP CLAD: 22GA W/ PENCIL RIPS (2 OR RECOMMENDED AMOUNT), COLOR: MUSKET GRAY OVER UNDERLAYMENT - ICE & WATER SHIELD AT PERIMETER/RIDGE FOR 24" MIN. & #30 ROOFING FELT IN FIELD, TYP. FG FG 35'-4" 5/4X4 FIBER CEMENT TRIM - COLOR BOOTHBAY BLUE, TYP. 12'-10" LF-1 6'-8" M.O. 1'-4" 5'-4" D ELEVATION VIEW SCALE: 1/4" = 1'-0" TO UNDERGROUND DRAIN 8'-0" X 32'-0" BOK MODERN ROD & CLEVIS CANOPY W/ METAL INSERT B28 (INSTALLER SUPPLIED) OVER BLEACHERS 12 2 HIGH PRESSURE LAMINATE SIDING PANELS (TRESPA PURA) W/ FLUID APPLIED WATERPROOFING 8"X16" SMOOTH FACE REINFORCED CONCRETE MASONRY BLOCK (CMU) WALL. 35'-4" LF-1 8'-0" 10'-8" 6'-8" 10'-0" ACCENT WALL TILE (BACK WALL OF FAMILY ROOM & ENTRANCE ALCOVE) - DAL - SEMI-GLOSS - MUSTARD 1012 8"X24", VERTICAL RUNNING BOND PATTERN, TYP. 8'-8"10 METAL STANDING SEAM ROOFING - 18” SNAP CLAD: 22GA W/ PENCIL RIPS (2 OR RECOMMENDED AMOUNT), COLOR: MUSKET GRAY OVER UNDERLAYMENT - ICE & WATER SHIELD AT PERIMETER/RIDGE FOR 24" MIN. & #30 ROOFING FELT IN FIELD, TYP. 2 7 6 5 6'-8" M.O. 8 6'-8" M.O. 9 FG 6'-8" M.O. 6'-8" M.O. 6'-8" M.O. 3'-4" M.O. 3'-4" 3'-4" 3'-4" 3'-4" 10'-8" LF-1 LF-1 TRIM W/ ATTIC VENTING @ EAVE GUTTERS & DOWNSPOUTS (BY INSTALLER) SCUPPER & DOWNSPOUTS (BY INSTALLER) DOORS TO BE BENJAMIN MOORE "HUDSON BAY 1680", TYP. (8) DOORS TO BE BENJAMIN MOORE "HUDSON BAY 1680", TYP. (8) HB-1 WATER DF-1 DF-1 BF-1 RECESSED CEILING LIGHTS IN ALCOVE, TYP. 4 4'-0" X 8'-0" BOK MODERN ROD & CLEVIS CANOPY W/ METAL INSERT B28 OVER RESTROOM ENTRANCE (INSTALLER SUPPLIED) PHOTOCELL UNDER ROOF OVERHANG

Page 1 of 5 ends

18240 North Bank Rd. Date
Roseburg, OR 97470 11/14/2023
P: 541-496-3541
F: 541-496-0803
E: [email protected]
Customer:

CA DIR# 1000002582
Quantity Extended Price
1 $ 575,974.03

9.00% $ (51,837.67)
$ 15,085.50
$ 539,221.86
*All freight estimates listed above are F.O.B. Roseburg, OR. Freight prepaid and added. Delivery will be in accordance with a mutually agreed upon timeline as stated in the Romtec Inc. Notice to Proceed on Production document. *Design Services include Romtec providing one(1) initial unsealed plan set on 11x17 format and one (1) sealed revision in response to reviewing authority comments (excluding Romtec Trads and Originals; Romtec Trads and Originals do not include sealed plans. Sealing of plans for Trads and Original models is only available upon request and may result in additional fees). In any additional revisions, if sealing or changing in plan set size are requested or required, an additional design service will be charged.

ROMTEC INC. PURCHASE ORDER TOTAL
*This proposal includes the design & engineering by Romtec Inc. to produce a complete plan set that will meet the architectural and engineering code required in your state. In some cases local code may vary from typical state requirements and may result in a change in price that could not have been anticipated at time of quote. *Romtec charges 2.75% of total contract value for the bonding rate (if required). Unless specifically stated in the above quote, this amount is not included in the total amount shown, and may be applicable at the time of invoice. *Sales or use Tax is not included in the above price. Sales or use taxes may be required for your project depending on Nexus requirements.
*Non-Agency orders must be placed on Romtec Inc. purchase order forms. *Shipping prices are estimates only and are subject to change without notice. *Unless included with this quote, a payment schedule and terms will be established after the signed Purchase Order is received. Romtec Inc. generally requires a deposit payment upon receipt of the signed Submittal Approval & Notice to Proceed on Production document.

Any deposit amount will be defined with the forthcoming payment schedule. *Due to recent market volatility and inflation rates, the proposal pricing is valid for thirty (30) days from the proposal date. If the Customer has not returned a signed Purchase Order within thirty (30) days of the proposal date, Romtec, Inc. reserves the right to update the price to reflect cost changes.
*This pricing is based on the understanding that Romtec, Inc. will be released for production within ninety (90) days. If, for any reason, Romtec, Inc. has not received Submittal Approval and Notice to Proceeed with Production within ninety (90) days of the Purchase Order date, Romtec, Inc. reserves the right to update the Purchase Order price to reflect inflationary cost changes. *Sales or use Tax is not included in the above price. Sales or use taxes may be required for your project depending on Nexus requirements.

Pico Rivera, CA
Sourcewell DISCOUNT: Available only to members of Sourcewell.

PROPOSAL/PO #081721-RMT
Smith Park Aquatic Center
City of Pico Rivera
Pamela Yugar
6767 Passons Blvd.

Pico Rivera, CA 90660
Building Proposal Description
Multipurpose Restroom/Shower/MaintenanceControl Building - "Design & Supply ONLY" per Preliminary Romtec Drawings and Scope of Supply & Services dated 11/14/2023
Estimated Freight/Packaging to:

Page 2 of 5 ends

Customer/Owner Authorized Signature Date Romtec Inc. Authorized Signature Date Customer/Owner Printed Name Romtec Inc. Printed Name
Customer/Owner Company
*The above prices, Terms & Conditions are satisfactory and are hereby accepted. Romtec Inc. is authorized to begin work on the Scope of Supply and Design Submittal document, which the customer will review prior to approval and Notice to Proceed on Production.

Additionally, the customer will complete and return the Customer & Project Information request as expeditously as possible so that payment terms, and bonding requirements (if applicable) can be established. The customer understands that by accepting this proposal they are issuing a Purchase Order for the project detailed above, but that production will not begin and delivery or installation dates cannot be established until the customer has granted design approval and notice to proceed on production. *The pricing defined in this proposal is contingent upon the customer signing this form and agreeing to the Romtec terms and conditions defined in this proposal. Any modifications to the terms and conditions defined herein may result in a price increase. *Romtec's standad insurance coverage document is available upon request. Unless otherwise specifically noted herein, Romtec's standard insurance coverage is accepted by Customer and considered sufficient coverge for all work related to this purchase order. Customer agrees to pay any costs related to additional insurance requirements not specifically noted in this order.

Page 3 of 5 ends

Terms of Payment
Credit Terms
Payment Terms
Deviation From Payment
Tax
Change Orders
Delay of Project
All Change Orders must be signed by the Customer. Prices stated herein are valid for 30 days from the purchase order date, or two weeks from the purchase order date if unsigned, at which time ROMTEC may adjust its price if cost factors warrant. A change order will apply (charges will vary depending on the circumstances) for the following design/engineering events: (i) incurred costs related to ROMTEC making more than two revisions of plan documents in response to review comments, (ii) incurred costs of “resealing” plan documents, and (iii) incurred costs of changing plan set sizing from the standard 11” x 17” format. Additionally, any modifications (for any reason) to ROMTEC’s Scope of Supply & Design Submittal, prior to formal approval, may result in a price adjustment. Any modification to ROMTEC’s Scope of Supply & Design Submittal requested or required by Customer for any reason after formal submital approval shall be performed by ROMTEC at Customer's expense, as follows: (i) Customer shall submit a written description of the modifications to ROMTEC; (ii) within 14 days of receipt of Customer's description, ROMTEC shall provide to Customer a written price quote for the modifications requested; (iii) Customer shall pay the Change Order Invoice to ROMTEC in accordance with payment terms.

Should progress of the project be delayed so that ROMTEC cannot produce and deliver the goods within six months from the date the purchase order is signed, Customer agrees to reimburse ROMTEC for all design and administrative expenses related to the completion of the Scope of Supply & Design Submittal as compensation for design services rendered. Customer also agrees to immediately pay any expenses related to any Customer authorized procurement or production of items. Additionally, Customer agrees to accept cost increases that may occur during the time the project is delayed.

Time is of the essence with respect to Customer’s payment of the purchase price, and timely payment shall not be delayed or excused for any reason. Payment agreement between Customer and other parties, or failure by other parties to pay Customer or perform any agreement with Customer shall not result in delay of payment to ROMTEC. ROMTEC does not accept partial payments, any offsets, and/or retainage against the Purchase Order price. Should Customer not act according to the terms of payment for any reason, the terms granted will be revoked and any remaining goods or services not yet delivered are subject to pre-payment terms whereby payment, in full, is due 10 days prior to delivery. Any amounts not paid when due shall bear interest at the rate of 15 percent per annum or the highest lawful rate applicable, if such rate is less than 15 percent, from the date payment was due. For accounts that are 15 days or more past due, ROMTEC will withhold all warranty service until the account is fully paid and in good standing. This does not in any way toll the warranty period.

Unless otherwise indicated on the ROMTEC quote or purchase order, any sales, use, consumption, value added or other goods/services based tax imposed by a state; county/local or other agency with jurisdictional authority is excluded from this order. Customer is responsible for remitting any taxes that are applicable.

Romtec, Inc. (ROMTEC) will provide the scope of supply as listed on the purchase order related hereto in accordance with the following terms and conditions:

Proposal Terms & Conditions
Romtec offers terms upon approved payment bond and credit approval by Romtec’s accounting department (to be determined at the time the Purchase Order is finalized and executed). Payments may be by check or wire transfer, Visa, MasterCard, Discover or American Express (a separate fee will be charged for payments exceeding $20,000 made by credit card and for all COD deliveries). Romtec may agree to accept COD payment by bank certified funds or cashier’s check if a carrier selected by Romtec ships materials.

Upon execution of the Purchase Order agreement, if Customer is not pre-paying 100% of the contract value, Customer shall provide a completed credit application (subject to Romtec’s approval) and, if applicable, evidence of payment bond securing Customer’s obligation to pay the balance of the purchase price in full. Credit terms are conditional and may be modified subsequently at Romtec's discretion if new information or conditions warrant such modification.

To be established by Romtec’s accounting department after receipt of Customer's credit application.

Page 4 of 5 ends

Terms of Delivery
Description of Products and Warranty
Terms of Shipment & Delivery
Store & Invoice
Cancellation
Contract Documents
Legal Proceedings
ROMTEC will not be liable for any delay in the performance of orders or contracts, or in the delivery or shipment of goods, or for any damages suffered by the Customer by reason of such delay, when such delay is beyond ROMTEC’s control. Unless otherwise stated herein, all goods are shipped F.O.B. Roseburg, Oregon, and the risk of loss or damage to the goods and risk of delays in transit passes to the Customer when the goods are duly delivered to the carrier in Roseburg, Oregon. ROMTEC has no control over arrival time of a shipment, and ROMTEC shall not be responsible for delays in shipments once the goods leave ROMTEC's plant. ROMTEC's required procedures for handling products are as follows:
(1) All ROMTEC materials, whether palletized or separated from a pallet, must be handled per the instructions detailed in the ROMTEC Scope of Supply & Design Submittal with respect to the specified model of ROMTEC restroom facility or component.
(2) All material received from, but not manufactured by ROMTEC must be handled per the specific handling instructions of the manufacturer of the material.
(3) PROPER HANDLING EQUIPMENT, ITS SUPPLY AND OPERATION ARE STRICTLY THE RESPONSIBILITY OF THE CUSTOMER.

In addition, Customer shall reimburse all expenses related to any Customer authorized procurement or production of items prior to approval of the Scope of Supply & Design Submittal. ROMTEC requires that Customer indicate approval of its supply offering by executing the approval signature page of the Scope of Supply & Design Submittal document and/or a formal Notice to Proceed on Production. Upon granting ROMTEC approval of its Scope of Supply Design Submittal and Notice to Proceed on Production of the building kit package(s), the Customer is waiving any rights to cancel its purchase order. ROMTEC does not accept returns or exchanges.

Together with this Purchase Order, the following constitute the “Contract Documents” and the entire contract between the parties, either written or oral: (i) ROMTEC’s Scope of Supply & Design Submittal, and (ii) Change Order form (if applicable).

If Customer fails to pay any amount when due, and ROMTEC incurs any expenses in pursuit of collection, Customer agrees to pay the reasonable attorney feesand other costs of such collection, regardless of whether litigation is actually commenced.

ROMTEC’s Scope of Supply & Design Submittal document (provided subsequent to this order) contains and defines ROMTEC’s complete offering of its products and services (as applicable). The Scope of Supply & Design Submittal also defines ROMTEC’s Limited One Year Warranty. Warranty terms available prior to the submission of the Scope of Supply & Design Submittal upon request.

Unless otherwise specified on the purchase order, ROMTEC may ship goods pursuant to an order at any time after the goods are completed and ready for shipment. Further, unless payment has been made in advance, if a carrier holding a ROMTEC shipment ordered by a Customer is ready to deliver the goods to the Customer, the Customer agrees to accept the goods at the carrier's earliest possible delivery date and time.

If Customer delays shipment, regardless of the reason for delay, ROMTEC is permitted to invoice and the Customer agrees to pay ROMTEC under the agreed payment terms, using the date the order was ready for shipment as the invoice date (if prepayment or COD terms apply, payment is due within 7 days from the time of delay). Once the order is invoiced, the materials shall become property of the Customer.

Further, ROMTEC may at its sole discretion invoice the Customer for a minimum of $450 per month for on-site storage. Deliveries that are delayed by the Customer may be canceled by ROMTEC and the goods returned to ROMTEC at ROMTEC's discretion. Any costs or other issues arising from the Customer's act in delaying receipt of ROMTEC’s shipments are the complete responsibility of the Customer. The Customer agrees to pay for the complete shipping cost if ROMTEC elects to allow the goods to be returned to ROMTEC or delivered to another Buyer.

Mutual acceptance of the purchase order indicates notice for ROMTEC to proceed with the provision of design services required in completing its Scope of Supply & Design Submittal. Should Customer cancel its purchase order prior, the following fee schedule will take effect:

1. Cancellation after Purchase Order but prior to Submittal Approval: 30% of total contract value due

2. Cancellation after Purchase Order and Submittal Approval but prior to Notice to Proceed on Production: 75% of total contract value due

3. Cancellation after Purchase Order, Submittal Approval, AND Notice to Proceed on Production: 100% of total contract value due

Page 5 of 5 ends

Controlling Provisions
Binding Effect
Notice
Modification
Interpretation
Severability
Waiver
Force Majeure
Counterparts
No modification of this Purchase Order agreement shall be valid unless it is in writing and is signed by all of the parties.

In any dispute involving the interpretation or enforcement of this agreement or involving issues related to bankruptcy (whether or not such issues relate to the terms of this agreement), the prevailing party shall be entitled to recover from the non-prevailing party reasonable attorney fees, paralegal fees, costs, disbursements, and other expenses incurred by the prevailing party in the dispute, including those arising before and during any trial, arbitration, bankruptcy, or other proceeding, and in any appeal or review thereof. In addition, the amount recoverable by the prevailing party shall include an amount estimated as the fees, costs, disbursements, and other expenses that will be reasonably incurred in collecting a monetary judgment or award, or otherwise enforcing any order, judgment, award, or decree entered in the proceeding.

This agreement shall be interpreted and enforced according to the laws of the state of Oregon. The parties irrevocably submit and consent to the jurisdiction of the circuit courts of the State of Oregon for Douglas County with respect to litigation regarding any dispute, claim or other matter related to this contract.

The terms and conditions of this Purchase Order shall supersede and control any provisions, terms, and conditions contained on any confirmation order, Purchase Order, or other writing the Customer may give or receive, and the rights of the parties shall be governed exclusively by the provisions, terms, and conditions hereof.

This Purchase Order agreement shall be effective and in force only when signed by Customer and also signed by ROMTEC. ROMTEC must consent to any assignment of this Purchase Order agreement in writing. Subject to any restrictions upon assignment, this Purchase Order agreement shall be binding on and inure to the benefit of the heirs, legal representatives, successors, and assigns of the parties.

The paragraph headings are for the convenience of the reader only and are not intended to act as a limitation on the scope or meaning of the paragraphs themselves. All parties agree that they have had sufficient opportunity to negotiate these terms and have them reviewed by their cousel of choice. The parties agree that no legal interpretation of these terms should be construed against the drafting party.

The invalidity of any term or provision of this agreement shall not affect the validity of any other provision.

Waiver of any party of strict performance of any provision of this Purchase Order agreement shall not be a waiver of or prejudice any party’s right to require strict performance of the same provision in the future or of any other provision.

Neither party will be liable for any delay or failure in the performance of any obligation under this Agreement or for any loss or damage (including indirect or consequential damage) to the extent that such nonperformance, delay, loss, or damage results from any contingency that is beyond the control of such party, provided such contingency is not caused by the fault or negligence of such party. A contingency for the purposes of this Agreement includes Acts of God, fires, floods, earthquakes, explosions, storms, wars, hostilities, blockades, public disorders, pandemic or other public health emergency, quarantine restrictions, embargoes, strikes, other labor disturbances or down time, unavailability of electronic communication lines or equipment, and compliance with any law, order or control of, or insistence by any governmental or military authority.

All notices required by this Purchase Order agreement shall be in writing addressed to the party to whom the notice is directed at the address of that party set forth in this Purchase Order agreement and shall be deemed to have been given for all purposes upon receipt when personally delivered; one day after being sent, when sent by recognized overnight courier service; two days after deposit in United States mail, postage prepaid, registered or certified mail; or on the date transmitted by facsimile. Any party may designate a different mailing address or a different person for all future notices by notice given in accordance with this paragraph.

This Purchase Order agreement may be executed in multiple counterparts, each of which shall constitute one agreement, even though all parties do not sign the same counterpart.

Page 1 of 2 ends

Pico Rivera City CouncilFebruary 13, 2024

Pico Rivera City Council
February 13, 2024