Pico Rivera City Council
April 23, 2024

 Supervises the operation of the water treatment plant operations; works with State Water Resources Control Board on water quality issues.
 Confers with customers, property owners, representatives of other utilities, and employees of other divisions/departments regarding complaints, work requests, surveys.
 Procures supplies and equipment; conducts safety programs.  Develops and implements preventative maintenance programs.  Coordinates maintenance projects with other departments and agencies as necessary.
 Utilizes the computer and various software programs and work order software to retrieve information, approve and assign work, and order reports.  Assists in the planning and design of facility related capital projects.  Implements new/updated repair and maintenance techniques.  Leads water maintenance during situations of disaster/emergency response.  Oversees the preparation and performance of routine, preventative and programmed maintenance activities for water.
 Prepares and oversees vendor contracts and assures compliance.  Schedules, inspects and reviews contracted work to assure compliance with specifications; taking necessary action to achieve contractors’ compliance; enforcing safety regulations.
 Assists in preparing the budget, including: conducting research and forecasting spending.
 Interprets, develops, communicates, updates, and monitors departmental policies and procedures for water maintenance services; recommends improvement when necessary.
 Prepares and/or reviews complex, routine and non-routine reports and performs analysis utilizing a variety of computer software.
 Relays and interprets administrative decisions, policies, and instructions.

RESOLUTION NO. ____

 Ensures quality standards and compliance with regulations are maintained.  Delegates tasks and monitors proper usage of tools and equipment.  Explains and interprets department practices, work procedures, and safety regulations that employees are expected to meet within the work unit or department.  Checks work and services provided by personnel for adherence with City, department and program requirements and standards and provide suggestions for improvement.
 Drafts and assists in the preparation of performance evaluations.  Documents and discusses work problems that might lead to further counseling or disciplinary actions.
 Monitors program expenditures and reports funds available under specific accounts.  Prepares program and project status reports.
 Researches, prepares, and presents oral and written reports.  Represents the City or department at meetings, seminars, workshops, and conferences.
 Serves as backup for other positions within the department, when directed.  Performs other related duties as assigned.

QUALIFICATIONS GUIDELINES
Knowledge/Skills/Abilities
Knowledge of:

Customer service techniques; safety procedures and practices; communication practices; time management methods; conflict resolution methods; supervisory techniques; leadership techniques; work organization planning methods; budget preparation methods.

Thorough knowledge of the administrative principles and practices of goal setting, program and budget development, work planning and organization; principles, practices and methods used in the installation, construction, maintenance, repair, and operation of water mains, services, water meters, pumping plants, water RESOLUTION NO. ____

treatment plants, and related facilities and equipment; City water system; principles of hydraulics; recognized safety practices and requirements; principles and practices of effective employee supervision, including selection, training, work evaluation and discipline; equal employment/affirmative action guidelines and policies.

Occupational hazards and OSHA standards applicable to street maintenance work and/or contract field management.

Purchasing procedures and practices.

Applicable state, federal and local ordinances, codes, pertinent laws, rules and regulations.

American Public Works Association and Caltrans Standard Specifications and Plans for street and public right-of-way construction.

Work Area Traffic Control Handbook.

Principles and practices of public administration, including knowledge of government organizations and operations.

Complex field investigation procedures; field construction and maintenance practices; general inspection and enforcement practices.

Skills:
 Use of a personal computer/laptop; perform mathematical computations.  Utilize specialized software programs;
 Operate a vehicle and equipment safely;
 Use hand and power tools and operating heavy equipment;  Plan, organize, assign, direct, review and evaluate the work of staff;  Select and motivate staff and provide for their training and professional development;
 Develop and monitor contracts.
 Estimate time, equipment, and materials for work projects.  Depending upon assignment, proficiency in a designated second language (Spanish) is desired.

RESOLUTION NO. ____

Ability to:

Organize and prioritize multiple tasks; analyze and solve problems; research and interpret data; interpret standards and practices; demonstrate effective interpersonal skills; use conflict resolution techniques; follow oral and written instructions; work with minimal supervision; initiate and complete performance evaluations; write reports; comply with required regulations; delegate tasks and manage projects; maintain confidentiality of non-public records; demonstrate effective leadership skills.

Interpret plans and specifications; identify and safely handle hazardous materials; interpret laws and regulations; give effective oral and public presentations; interview and hire employees; recommend and implement disciplinary actions.

Physical strength and ability to lift up to 50 lbs, bend in all directions, squeeze with arms and hands, pull and lower up to 50 lbs.

Ability to identify and solve problems involving several variables.

Ability to respond to after-hour emergency callouts and perform routine standard duties.

Education/Training/Experience
Education:

A high school diploma or G.E.D. certificate; supervisory and managerial training.

College coursework/extension classes; Bachelor’s degree in Public Administration or a related field is desired.

Experience:

Five years of progressively responsible experience in street maintenance and repair work; two years of supervisory experience; leadership experience; public contact experience.

Any combination of education and/or experience that provides the knowledge, skills, and abilities necessary for acceptable job performance would qualify such as five years of experience in the operation of water system facilities, including maintenance of electrical and pressure pumping and regulating equipment, and including two years lead/supervisory experience are required.

RESOLUTION NO. ____

Licenses/Certification/Special Requirements:

Valid California Class C Driver’s License and an acceptable driving record.

A valid Grade 2 Water Treatment Operator Certificate and Grade 3 Water Distribution Certificate issued by the State Water Resources Control Board is required.

PHYSICAL AND MENTAL DEMANDS
The physical and mental demands described here are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Physical Demands
While performing the duties of this job, the employee is regularly required to use hands to handle, feel or operate objects, tools, or controls and reach with hands and arms.

The employee frequently is required to stand and talk or hear; walk; sit; climb or balance; stoop, kneel, crouch or crawl.

The employee must frequently lift up to 50 lbs. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus.

Mental Demands
While performing the duties of this class, employees are regularly required to use written and oral communication skills; read and interpret data, information and documents; analyze and solve problems; use math and mathematical reasoning; observe and interpret situations; learn and apply new information or new skills; work under deadlines with constant interruptions; and interact with City staff, other organizations and the public; occasionally required to deal with dissatisfied or quarrelsome individuals.

WORK ENVIRONMENT
The employee regularly works in office conditions as well as outside weather conditions.

The employee is exposed to traffic, wet or humid conditions, and vibration. The noise level is frequently loud.

RESOLUTION NO. ____

The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Class specifications are only intended to present a descriptive summary of the range of duties and responsibilities that are associated with specified positions. Therefore, specifications may not include all duties performed by individuals within a classification and may be requested to perform job-related responsibilities and tasks other than those stated in this specification. In addition, specifications are intended to outline the minimum qualifications necessary for entry into the class and do not necessarily convey the qualifications of incumbents within the position.

RESOLUTION NO. ____

EXHIBIT “B”

SALARY SCHEDULE

POSITION TITLE MONTHLY

SALARY ANNUAL SALARY
Senior Water Treatment Supervisor $9,529 -$10,958 $114,348 - $131,496 To: Mayor and City Council
From: City Manager
Meeting Date: April 23, 2024
Subject: APPROVAL OF FINAL TRACT MAP NO. 83619 – 45-UNIT TOWNHOME HOME DEVELOPMENT LOCATED AT 4820

DURFEE AVENUE
Recommendation:

1. Approve a resolution for Final Tract Map No. 83619 – 45-unit townhome development located at 4820 Durfee Avenue;

2. Approve Final Tract Map No. 83619 as it conforms to the requirements in the Subdivision Map Act and previously approved Vesting Tentative Tract Map No. 83619;

3. Accept dedication of an easement for public street and utility purposes;

4. Authorize the Public Works Director/City Engineer to sign the Final Parcel Map; and

5. Authorize the City Clerk to sign and submit Final Tract Map No. 83619 for recordation with the Los Angeles County Registrar-Recorder’s Office.

Fiscal Impact:

The recommended City Council action does not have a fiscal impact to the General Fund. However, the eventual development of residential housing on this site will increase the total assessed property value in the City. This in turn will increase property tax revenue for the City.

Discussion:

The project site is located at 4820 Durfee Avenue at the northeast corner of Durfee Avenue and Stephens Street. The property was originally developed by Warmington Residential. Warmington Residential has sold the project to the new developer, KB Homes. The proposed development includes the construction of 45 three-story 7 CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 23, 2024 APPROVAL OF FINAL TRACT MAP NO. 83619 – 45-UNIT TOWNHOME DEVELOPMENT LOCATED AT 4820 DURFEE AVENUE

townhouse condominiums. The project site is located in a Multi-Family Residential (RM) zoned district. The site is comprised of one (1) parcel, totaling approximately 2.493 acres (108,595 square feet) in land area, and is irregularly shaped. The site is currently accessible to pedestrians from Stephens Street. The site is bounded to the north by a Union Pacific Railroad, to the south by Stephens Street, to the east by an existing single family residential neighborhood, and to the west by Durfee Avenue.

Vesting Tentative Tract Map No. 83619 was recommended for approval on April 6, 2022, by the Division of Land Committee of the City of Pico Rivera. On July 11, 2022, the Planning Commission of the City of Pico Rivera recommended approval of Vesting Tentative Tract Map No. 83619. On August 9, 2022, City Council approved Vesting Tentative Parcel Map No. 83619 by Resolution No. 7217.

To complete the process, the developer has submitted the final tract map for City Council approval. The City Attorney has confirmed that the approval of the vesting tentative tract map has not expired, and the final tract map is eligible for submittal to the City Council for approval.

Pursuant to the provisions of the State of California Government Code Sections 66458 and 66462, Article 4, Chapter 3 of the Subdivision Map Act and Pico Rivera Municipal Code Section 17.20.390, final tract maps require City Council approval and authorization for the recordation of the final tract map.

Conclusion:

Staff has reviewed and determined that Final Tract Map No. 83619 conforms to the approved Vesting Tentative Tract Map No. 83619 and is in compliance with the Pico Rivera Municipal Code Chapter 17.20 and Subdivision Map Act. Approval of Final Tract Map No. 83619 and recordation with the Los Angeles County Registrar-Recorder’s Office is recommended.

Steve Carmona
SC:NN:KV:np
Enclosure: 1) Resolution/Exhibit A
RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO
RIVERA, CALIFORNIA, APPROVING THE FINAL TRACT MAP NO.
83619 TO ALLOW FOR CONSTRUCTION OF FORTY-FIVE (45)
TOWNHOMES LOCATED AT 4820 DURFEE AVE
WHEREAS, in 2021, Warmington Residential submitted an application for Vesting Tentative Tract Map No. 83619 to allow for construction of forty-five (45) townhomes at the northeast corner of Durfee Avenue and Stephens Street, in accordance with the procedures set forth in Pico Rivera Municipal Code (“PRMC”) Title 17, and the Subdivision Map Act as codified under Division 2, Title 7 of the California Government Code (“Subdivision Map Act”);
WHEREAS, in accordance with the PRMC and the Subdivision Map Act, the City Council of the City of Pico Rivera has reviewed Final Tract Map No. 83619 (attached hereto and legally described in Exhibit “A”) as required by law; WHEREAS, the purpose of PRMC Title 17 is intended to promote the conservation, stabilization and protection of property values through the orderly growth and development of the community;
WHEREAS, the City’s Division of Land Committee conditionally approved Vesting Tentative Tract Map No. 83619 on April 6, 2022; WHEREAS, on March 5, 2018, the Planning Commission adopted Resolution No. 1263, approving Vesting Tentative Tract Map No. 83619; WHEREAS, on August 9, 2022, the City Council of the City of Pico Rivera adopted Resolution No. 7217, approving Vesting Tentative Tract Map No. 83619; WHEREAS, in accordance with the Subdivision Map Act, the Director of Public Works has determined Final Tract Map No. 83619 is in substantial conformance with said approved Vesting Tentative Tract Map No. 83619; and WHEREAS, Final Tract Map No. 83619 substantially complies in all manner with the provisions of the California Government Code, Chapter 2, Sections 66433 – 66443; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pico Rivera as follows:

SECTION 1. The above recitals are true and correct and incorporated herein by reference.

Enclosure 1
7a
RESOLUTION NO. ____

SECTION 2. The City Council hereby finds that the Final Tract Map No. 83619 is in substantial conformance with Vesting Tentative Tract Map No. 83619 in accordance with PRMC Section 17.20.010.

SECTION 3. The City Council also finds all City conditions imposed in connection with the approval of the Vesting Tentative Map No. 83619 have been satisfied.

SECTION 4. The City Council hereby approves Final Tract Map No. 83619, and herby authorizes the Public Works Director / City Engineer to sign the Final Tract Map No. 83619.

SECTION 5. The City Clerk is hereby authorized and directed to endorse upon the face of said Map this Order authenticated by the seal of the City of Pico Rivera.

SECTION 6. Final Tract Map No. 83619 is categorically exempt from the California Environmental Quality Act pursuant to Article 18, Statutory Exemptions, Title 14 of the California Code of Regulations Section 15268(b)(3) Ministerial Projects, approval of final subdivision maps.

SECTION 7. The City Clerk shall certify to the approval of this resolution, and hereafter the same shall be in full force and effect.

APPROVED AND PASSED this 23rd day of April 2024.
_________________________________
Andrew C. Lara, Mayor
ATTEST: APPROVED AS TO FORM:
_________________________________ __________________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES:

NOES:

EXHIBIT “A”
(Final Tract Map No. 83619)

PROFESSIONA
L LA
ND

SURVEYOR
STATE
OF

CALIFORNIA

Δ
Δ Δ Δ Δ Δ

To: Mayor and City Council
From: City Manager
Meeting Date: April 23, 2024
Subject: APPROVE A RESOLUTION DECLARING DESIGNATED

FLEET INVENTORY AND EQUIPMENT AS SURPLUS

PERSONAL PROPERTY
Recommendation:

1. Approve a resolution declaring the vehicles and equipment included in Exhibit A to the resolution as surplus personal property and direct the City Manager, or his designee, to proceed with the disposal of such vehicles and equipment, and approving of the sale of any such vehicles or equipment over $5,000 to the highest bidder; and

2. Authorize the City Manager, or his designee, to execute any agreements necessary to facilitate the sale or disposal of vehicles and equipment listed on Exhibit A of the resolution.

Fiscal Impact:

There is no fiscal impact to the General Fund. The estimated amount to be received is approximately $35,000 to $50,000 for the vehicles and equipment. Funds from the auctioned vehicles will be credited to the Equipment Replacement Fund (GL Account No. 170.00.0000-47100 Sales of Property) for future vehicle and/or equipment replacement.

Passenger Van Unit Nos. 3372 and 3373 were purchased using Prop A Funds (Fund 205); therefore, proceeds from those sales will be credited to Fund 205 under GL Account No. 205.00.0000.47100.

Discussion:

The Public Works Department is responsible for the maintenance of all City vehicles, including compliance with all local and state regulations. The City's fleet currently has 17 vehicles and equipment with various mechanical issues, ranging from transmission repairs, electrical failures, and fluid leakages to name a few. Many of these vehicles do not meet current fuel and emission industry standards. Although some of the fleet vehicles may be 8 COUNCIL AGENDA REPORT – MEETING OF APRIL 23, 2024

APPROVE A RESOLUTION DECLARING DESIGNATED FLEET INVENTORY AND

EQUIPMENT AS SURPLUS PERSONAL PROPERTY

somewhat operable, these vehicles remain parked at the Public Works City Yard due to the need for costly repairs. Performing maintenance and repairs to these aging vehicles are not cost-effective due to the repair costs surpassing the vehicle’s value.

The Fleet Inventory List, Table 1 and Exhibit A of the attached proposed resolution (Enclosure 1), identifies City vehicles and equipment that have either reached the end of their life cycle or, due to the type of vehicle or equipment, have become cost prohibitive to repair and maintain. Fifteen (15) of the 17 vehicles exceed 100,00 miles and are over 10 years old. The one exception under 100,000 miles (2014 Toyota Prius) was in an accident and the vehicle was deemed as a salvage vehicle by the insurance adjuster.

Pursuant to the Pico Rivera Municipal Code (PRMC) Section 3.20.200, the City Council must declare any asset in excess of $5,000 as surplus prior to that asset being disposed. It also requires that the assets be sold through a sealed bid process to the highest bidder as described in the PRMC Section 3.20.120 through 3.20.190. However, a sealed bid process to sell each surplus vehicle would be inefficient and impractical in comparison to an open bid/auction process. The auction process would capture the intent of the applicable PRMC sections as it ensures that the City is obtaining the best possible price for the vehicles and may result in a higher resale value if the bidders are allowed to increase their initial bids.

Therefore, in the interest of efficiency and maximizing resale value, it is recommended that the City Council allow the City Manager to proceed with the sale of the surplus vehicles at auction.

On March 26, 2024, the City Council approved Ordinance No. 1183, amending Chapter

3.20 Purchasing of the PRMC. In these amendments, Section 3.20.200 (Sale of surplus supplies and equipment) will be amended to allow the City to obtain the services of professional auctioneers to dispose of aged vehicles and inoperable equipment. The Municipal Code amendments will take effect on April 26, 2024.

It is recommended that these vehicles and equipment listed on Table 1 be sold at an auction to recover their residual value. Miscellaneous out-of-service equipment not included in the table will also be auctioned off with the vehicles. Upon City Council approval, the inventory of vehicles and equipment will be picked up by a third-party auction company. Funds from the auctioned vehicles will be credited to the Equipment Replacement Fund for future vehicle purchases and/or equipment replacement needs. [This section intentionally left blank]
COUNCIL AGENDA REPORT – MEETING OF APRIL 23, 2024

APPROVE A RESOLUTION DECLARING DESIGNATED FLEET INVENTORY AND

EQUIPMENT AS SURPLUS PERSONAL PROPERTY

Table 1: Fleet Inventory List
UNIT
NO. YEAR/MAKE/MODEL DESCRIPTION DIVISION MILEAGE COMMENTS 1 102 2014 Toyota Prius Sedan Parking
Enforcement 54,000
Inoperable due
to a traffic
collision.
2 110 1999 Ford Ranger Pickup Truck Parks
Division 100,003 Transmission
replacement
3 125 2011 Ford Fusion Sedan Parking
Enforcement 105,000
Transmission
and engine
replacement
4 126 2011 Ford Fusion Sedan Parking
Enforcement 110,000
Engine and
transmission
replacement
5 127 2011 Ford Fusion Sedan Parking
Enforcement 112,000
Engine and
transmission
replacement
6 204 1997 Ford Ranger Pickup Truck Parks
Division 100,000
Smog
certification noncompliant
7 211 2001 GMC 2500 Pickup Truck Parks
Division 134,000 Extensive repairs needed
8 216 2006 Ford F250 Pickup Truck Street
Division 115,000
Transmission
and engine
replacement
9 222 2000 Ford F250 Pickup Truck Parks
Division 110,000
Extensive body
damage due to
accident
10 246 2006 Chevy 3500 Stake-bed Truck Street
Division 100,000 Engine
replacement
11 258 1999 Ford Ranger Pickup Truck Parks
Division. 102,900
Smog
certification noncompliant
12 265 1998 Ford Ranger Pickup Truck Parks
Division 102,000
Engine and
transmission
replacement
13 269 1999 Ford Econoline Van Parks
Division 134,000
Engine and
Transmission
replacement
14 291 2016 Ford F150 Truck Water
Division 120,403 Engine
replacement.
15 386 2009 John Deere 310 SG Construction
Backhoe
Water
Division
13,000 hours
(measures in
hours not
miles)
Hydraulic pump
and transmission
replacement
16 3372 2010 Starcraft Allstar Passenger Van Parks &
Recreation 225,543 Extensive repairs
needed
17 3373 2010 Starcraft Allstar Passenger Van Parks &
Recreation 225,613 Extensive repairs
needed
*Vehicles are not operable to obtain mileage
COUNCIL AGENDA REPORT – MEETING OF APRIL 23, 2024

APPROVE A RESOLUTION DECLARING DESIGNATED FLEET INVENTORY AND

EQUIPMENT AS SURPLUS PERSONAL PROPERTY

Conclusion:

In an effort to dispose and remove vehicles that have exceeded their life of use and are cost prohibitive to maintain, staff recommends approving the resolution declaring the vehicles and equipment included in Exhibit A to the resolution as surplus personal property and direct the City Manager, or his designee, to proceed with the disposal of such vehicles and equipment. Additionally, authorize the City Manager, or his designee, to execute all agreements required to facilitate the disposal and sale of these older vehicles or equipment over $5,000 to the highest bidder.

Steve Carmona
SC:NN:ML:np
Enclosure: 1) Resolution/Exhibit A
RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA,

CALIFORNIA, DECLARING DESIGNATED FLEET INVENTORY AND

EQUIPMENT AS SURPLUS PERSONAL PROPERTY AND AUTHORIZING

THE CITY MANAGER TO PROCEED WITH THE DISPOSAL OR SALE OF

THE VEHICLES AND EQUIPMENT
WHEREAS, the City owns and maintains a fleet of vehicles and equipment for the purpose of providing field services and transportation; and WHEREAS, the vehicles and equipment that will no longer be required for City operations and have exceeded their service life; and
WHEREAS, the City has determined that the vehicles and equipment identified in Exhibit “A” should be declared as surplus personal property as they have been removed from service; and
WHEREAS, Section 3.20.200 of the Pico Rivera Municipal Code requires that City Council approve the sale of any surplus supplies and equipment of more than $60,000 to the highest bidder.

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

SECTION 1. That the foregoing recitals are true and correct and incorporated herein by this reference.

SECTION 2. That the City Council of the City of Pico Rivera does hereby declare the vehicles and equipment listed under Exhibit “A” as “surplus” personal property pursuant to Section 3.20.200 of the Municipal Code and directs the City Manager, or his designee, to proceed with the disposal of the vehicles and equipment and approves of the cumulative sale of any such vehicles and equipment over Sixty Thousand Dollars ($60,000) to the highest bidder by public auction.

SECTION 3. That the City Manager, or his designee is hereby authorized to execute all necessary agreements required to facilitate the final disposal or sale of the vehicles and equipment listed on Exhibit A of this Resolution.

SECTION 4. The City Clerk shall certify the passage and approval of this resolution, and it shall thereupon be in full force and effect.
[This space was intentionally left blank]
Enclosure 1
8a
RESOLUTION NO. ____

APPROVED AND PASSED this 23rd day of April 2024.
___________________________
Andrew Lara, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES:

NOES:

RESOLUTION NO. ____

EXHIBIT A

SURPLUS OF FLEET VEHICLES AND EQUIPMENT
UNIT # YEAR/MAKE/MODEL DESCRIPTION
211 2001 GMC 2500 Pickup Truck
246 2006 Chevy 3500 Stake-bed Truck
222 2000 Ford F250 Pickup Truck
216 Ford F250 Pickup Truck
204 1997 Ford Ranger Pickup Truck
265 1998 Ford Ranger Pickup Truck
110 1999 Ford Ranger Pickup Truck
258 1999 Ford Ranger Pickup Truck
126 2011 Ford Fusion Sedan
127 2011 Ford Fusion Sedan
125 2011 Ford Fusion Sedan
102 2014 Toyota Prius Sedan
269 1999 Ford Econoline Van
291 2016 Ford F150 Truck
386 2009 John Deere 310 SG Construction Backhoe
3372 Starcraft All Star Passenger Van
3373 Starcraft All Star Passenger Van
To: Mayor and City Council
From: City Manager
Meeting Date: April 23, 2024
Subject: APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 21-
2049, FOR ON-CALL INFORMATION TECHNOLOGY

MANAGEMENT SERVICES
Recommendation:

1. Approve Amendment No. 1 to Agreement No. 21-2049 with Infinity Technologies for On-Call Information Technology Management Services, to increase compensation by an additional $100,000 per fiscal year for a total amount not-toexceed $300,000, for augmentation of Information Technology services; and

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

Fiscal Impact:

The fiscal year (FY) 2023-24 General Fund Budget includes $200,000 for the provision of Information Technology (IT) management services. The additional $100,000 required to accommodate the amendment will be funded from the IT contracted services GL Account No. 100.20.6040-54500. No further appropriations are necessary at this time.

Background:

On November 9, 2021, the City Council approved a professional services agreement with Infinity Technologies for On-Call Management Services related to Information Technology in an amount not-to-exceed $200,000 per year. These services were necessary to meet the City’s ongoing IT operational needs in the areas of network analysis, technical support, systems support, computer operations support, PC desktop technical support, software integration support, Help Desk support, project management for software implementation, and IT policy and procedure development. In addition, these services are necessary to ensure the continuity of the City’s technical environment, the safeguards of the City’s network, and upcoming plans for citywide operations. Infinity Technologies has provided the City with trained and dedicated IT staffing that has enabled us to accelerate projects and resolve system hardware and software issues on a timely basis.
9 CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 23, 2024 APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 21-2049, FOR ON-CALL

INFORMATION TECHNOLOGY MANAGEMENT SERVICES

Discussion:

Since the inception of Agreement No. 21-2049, Infinity Technologies has consistently provided exemplary IT management services to the City, ensuring the smooth operation of our technical environment. Their expertise and dedication have been instrumental in the successful execution of various IT projects and initiatives.

Given the growing demands on the City’s IT infrastructure, and the need for expanded support services, it is imperative to adjust the financial parameters of the agreement with Infinity Technologies. Increasing the annual amount by $100,000 will enable the City to adequately compensate Infinity Technologies for its continued provision of high-quality IT services while accommodating the evolving needs of the City.

This adjustment is essential to meet the increasing complexity and volume of IT-related tasks and projects faced by our organization. The additional funding will empower Infinity Technologies to maintain and enhance the efficiency, reliability, and security of our IT systems, ensuring seamless operations and optimal service delivery to our community.

Conclusion:

Staff recommends that City Council approve Amendment No. 1 to Agreement No. 21- 2049 with Infinity Technologies, increasing the annual amount of compensation for services by $100,000, and authorize the City Manager to execute the amendment. This amendment will provide the necessary resources to meet the growing demands on our IT infrastructure and support services, allowing us to sustain our commitment to efficiency, reliability, and innovation in our operations.

Steve Carmona
SC:AG:KL:ep
Enclosures: 1) Amendment No. 1
2) Agreement No. 21-2049
AMENDMENT NO. 1

TO THE PROFESSIONAL SERVICES AGREEMENT
WITH INFINITY TECHNOLOGIES, AGREEMENT NO. 21-2049
THIS AMENDMENT NO. 1 TO AGREEMENT NO. 21-2049 FOR PROFESSIONAL SERVICES WITH INFINITY TECHNOLOGIES (“Amendment No. 1"), effective as of the date specified in paragraph 3 hereof, is made and entered into by and between the CITY OF PICO RIVERA (“CITY”), and INFINITY TECHNOLOGIES, (“CONSULTANT”).

RECITALS
A. CITY and CONSULTANT (collectively referred to as the “PARTIES”) have previously executed that certain Agreement for Professional Services, Agreement No. 21-2049 (“Agreement”) relating to professional services in the City of Pico Rivera.

B. The PARTIES desire to amend said Agreement as set forth herein, pursuant to Section 5.1 of the Agreement.

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. MODIFICATION OF CONSULTANT’S COMPENSATION.

The “Scope of Services” listed in Section 3.1 of the Agreement is hereby amended to read as follows:
“3.1 “Scope of Services”: Such professional services as are set forth in the Consultant’s proposal to City attached hereto as Exhibit “A” and incorporated by reference.”
The “Total Compensation” listed in Section 5.1 of the Agreement is hereby amended to read as follows:
“5.1 Consultant shall perform the services identified in the Scope of Services.

City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the Parties, and any increase or decrease in compensation shall be incorporated by written amendment to this Agreement. In no event shall the total compensation and costs payable to Consultant under this Agreement exceed the annual sum of Three Hundred Thousand Dollars ($300,000) unless specifically approved in advance, in writing, by City.”

2. EFFECT OF AMENDMENTS.

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

Enclosure 1
9a
Professional Services Agreement

INFINITY TECHNOLOGIES

3. EFFECTIVE DATE.

Unless otherwise specified herein, this Amendment No. 1 shall become effective as of the date set forth below on which the last of the parties, whether CITY or CONSULTANT, executes this Amendment No. 1.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed and attested by their respective officers hereunto duly authorized. “CITY” “CONSULTANT”

CITY OF PICO RIVERA INFINITY TECHNOLOGIES
______________________________ _________________________________ Steve Carmona, City Manager Mohammad Ahmed, President/CEO Dated: ________________________ Dated: ____________________________ ATTEST: APPROVED AS TO FORM
___________________________ _________________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney City of Pico Rivera
On-Call IT Services Amendment #1 to Agreement #21-2049
1 ON-CALL IT SERVICES | AMENDMENT NO. 1
April 17, 2024

CITY OF PICO RIVERA

ON-CALL IT SERVICES
AMENDMENT NO. 1 TO AGREEMENT NO. 21-2049

BACKGROUND
Infinity Technologies would like to thank the City of Pico Rivera (City) for the opportunity to continue our partnership and providing On-Call Information Technology Management Services as needed to support the City’s technology goals and objectives. A summary of the original terms of Agreement No. 21-2049 (Agreement) are noted below:

I. The Term of the Agreement commenced on November 1, 2021, and shall expire on October 31, 2024.

II. Compensation for services provided is based on a monthly fee of $14,990 or a total of $179,880 per year.

III. Exhibit A – Scope of Services remains unchanged.

SCOPE OF SERVICES
Our current Scope of Services includes the tasks noted below. Detailed information for each task is referenced within the current Agreement.

Task 1. General IT Management Services
1) Desktop Support
2) Computer Server Operations
3) Network and Systems Support
4) Help Desk Services
Task 2. IT Project Management Services
Task Orders for project support are issued as needed by the City throughout the term of the Agreement.

MONTHLY IT SERVICES – TIME & MATERIALS (T&M)
Infinity Technologies estimates an additional $100,000 is needed to resume delivery of the current Scope of Services as noted above through September 30, 2024. Cost will be billed on T&M basis, per the hourly rate schedule provided in the Agreement.

Task Estimated
Monthly Cost
Estimated Total
(*March – September 2024)
On-Call Information Technology Management Services

1. General IT Management Services

2. IT Project Management Services
$16,000 $100,000
Total Amendment: $100,000
*Note: Estimate includes partial cost for IT Services provided in March 2024.

Exhibit A
Enclosure 2
9b

To: Mayor and City Council
From: City Manager
Meeting Date: April 23, 2024
Subject: PAVEMENT MANAGEMENT PROGRAM UPDATE (NONCIP NO. 30057) – AWARD OF PROFESSIONAL SERVICES

AGREEMENT
Recommendation:

1. Award a Professional Services Agreement to Infrastructure Management Services, LLC (IMS), to prepare and update the Pavement Management Program Update (Non-CIP No. 30057) for an amount not-to-exceed $67,459 and authorize the City Manager to execute an agreement in a form approved by the City Attorney; and

2. Authorize the City Manager or his designee to process change orders, as needed, in an amount not-to-exceed a $6,750 contingency (approximately 10% of the total contract amount) for unforeseen field conditions during data collection.

Fiscal Impact:

The fiscal year (FY) 2023-24 Adopted Budget includes adequate appropriations to cover the expenditures of $67,459 and the contingency of $6,750, as needed in Prop C Funds (Fund 206) under Account No. 206.70.7300-54500.Non-CIP30057 (Contracted Services). No additional appropriations are needed at this time.

Discussion:

One of the City’s largest capital investments is its paved roadway system. The City owns and maintains approximately 152 centerline-miles of paved roadways which include arterials, collectors, residential streets and alleys. The Pavement Management Program provides a systematic approach to planning pavement maintenance and street rehabilitation projects, and projecting future funding needs. The last Pavement Management Program was updated in 2020, which thoroughly evaluated the condition of City streets and obtained certification by Caltrans. The Los Angeles County Metropolitan Transit Authority requires the Pavement Management Program to be updated every four (4) years and the next update needs to be completed by or before December 2024 as a 10 CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 23, 2024 PAVEMENT MANAGEMENT PROGRAM UPDATE (NON-CIP NO. 30057) – AWARD

OF PROFESSIONAL SERVICES AGREEMENT

requirement for the City to obtain future Local Return Funds, such as Proposition A (Fund 205) and Proposition C (Fund 206) funds. Since the City utilizes the Pavement Management Program to maintain the integrity of the overall street network, the upkeep of the Pavement Management Program is essential to protecting this asset.

The Pavement Management Program update will be used in coordination with the Utilities Master Plan to strategize projects and efficiently utilize the City’s funding. The comprehensive computerized Pavement Management Program will include:
• Automated collection of field data to perform a pavement condition survey of major arterials, local, residential, collector streets, and alleys. • Pavement analysis to calculate the Pavement Condition Index (PCI) and develop life cycle curves.
• Identification of types, severity and extent of distress and failure. • Identification of any areas that include poor construction of pavement installation such as utility trenches.
• Determination of a pavement maintenance and rehabilitation in coordination with the Utilities Master Plan.
• GIS data files and mapping depicting varying ranges of overall condition index of all roadway segments.

On January 31, 2024, a Request for Proposal (RFP) was released via the City’s website portal using PlanetBids. On March 6, 2024, five (5) proposals were received. A technical panel consisting of three engineering staff members ranked the proposals. The technical panel used qualifications-based selection criteria to rank the consultants. The selection criteria weighed a number of factors such as experience and qualifications of the firm’s designated staff, proposed work approach, pricing, and responsiveness to the RFP.

A summary of the rankings is provided below:

No. Company Name Total Score
1 Infrastructure Management Services (IMS) 90
2 Applied Research Associates (ARA) 84
3 Kimley Horn 83
4 Willdan Engineering 81
5 Fugro USA Land 78
IMS is knowledgeable and has satisfactorily performed similar services in the past for the cities of Pico Rivera, Irvine, and Long Beach. Staff came to a consensus that their proposal offers a fair and reasonable price for their professional services and has the CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 23, 2024
PAVEMENT MANAGEMENT PROGRAM UPDATE (NON-CIP NO. 30057) – AWARD

OF PROFESSIONAL SERVICES AGREEMENT

required technical resources to develop and update the City’s Pavement Management Program.

Conclusion:

Staff recommend awarding a Professional Services Agreement with IMS for an amount not-to-exceed $67,459. This program update is anticipated to be completed by November 2024.

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

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF PICO RIVERA AND

IMS INFRASTRUCTURE MANAGEMENT SERVICES, LLC

1. IDENTIFICATION
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Pico Rivera, a California municipal corporation (“City”) and International Cybernetics Company, LP, a Delaware Limited Partnership d.b.a. IMS Infrastructure Management Services (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as a “Party” and collectively referred to as “Parties.”

2. RECITALS

2.1 City has determined that it requires professional services from a consultant to provide development of the Pavement Management Program Update, CIP 30057.

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

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

3. DEFINITIONS

3.1 “Scope of Services”: Such professional services as are set forth in the Consultant’s March 6, 2024 proposal to City attached hereto as Exhibit “A” and incorporated herein by this reference.

3.2 “Approved Fee Schedule”: Such compensation rates as are set forth in the Consultant’s March 6, 2024 proposal to City attached hereto as Exhibit “B.”

3.3 “Commencement Date”: April 23, 2024

3.4 “Expiration Date”: April 23, 2027

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

Enclosure 1
10a
Professional Services Agreement

INFRASTRUCTURE MANAGEMENT SERVICES, LLC

5. CONSULTANT’S SERVICES

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

City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the Parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In no event shall the total compensation and costs payable to Consultant under this Agreement exceed the sum of Sixty-Seven Thousand Four Hundred Fifty-Nine ($67,459) unless specifically approved in advance, in writing, by City.

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

6. COMPENSATION

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

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

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

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

8. COMPLIANCE WITH LAWS
Consultant shall keep informed of State, Federal and Local laws, ordinances, codes and regulations that in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Consultant shall at all times comply with such laws, ordinances, codes and regulations. Without limiting the Professional Services Agreement

INFRASTRUCTURE MANAGEMENT SERVICES, LLC

generality of the foregoing, if Consultant is an out-of-state corporation or LLC, it must be qualified and registered to do business in the State of California pursuant to sections 2105 and 17708.02 of the California Corporations Code. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.

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

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

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

12. INDEPENDENT CONTRACTOR
Professional Services Agreement

INFRASTRUCTURE MANAGEMENT SERVICES, LLC

12.1 Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not at any time represent that it is, or that any of its agents or employees are, in any manner employees of City.

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

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

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

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

14. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES
Professional Services Agreement

INFRASTRUCTURE MANAGEMENT SERVICES, LLC

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

15. INDEMNIFICATION

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

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

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

15.4 The obligations of Consultant under this Section 15 will not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives Professional Services Agreement

INFRASTRUCTURE MANAGEMENT SERVICES, LLC

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

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

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

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

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

Professional Services Agreement

INFRASTRUCTURE MANAGEMENT SERVICES, LLC

16. INSURANCE

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

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

16.1.1.1 Premises, operations, and mobile equipment

16.1.1.2 Products and completed operations

16.1.1.3 Broad form property damage (including completed operations)

16.1.1.4 Explosion, collapse, and underground hazards

16.1.1.5 Personal Injury

16.1.1.6 Contractual liability
in the amount of One Million Dollars ($1,000,000) per occurrence combined single limit; Two Million Dollars ($2,000,000) aggregate for products/completed operation; Two Million Dollars ($2,000,000) general aggregate (General aggregate must apply separately to Consultant’s work under this Agreement.); and Five Million Dollars ($5,000,000) umbrella or excess liability.

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

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

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

Professional Services Agreement

INFRASTRUCTURE MANAGEMENT SERVICES, LLC

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

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

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

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

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

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

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

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

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

Professional Services Agreement

INFRASTRUCTURE MANAGEMENT SERVICES, LLC

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

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

17. MUTUAL COOPERATION

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

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

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

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

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

Professional Services Agreement

INFRASTRUCTURE MANAGEMENT SERVICES, LLC

If to City: If to Consultant:

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

Pico Rivera, California 90660-1016
Facsimile: (562) 801-4765
Derek Turner, Principal/CEO
International Cybernetics
Company, LP d.b.a. IMS
Infrastructure Management
8380 S Kyrene Rd, Suite 101
Tempe, Arizona 85284
With a courtesy copy to:

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

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

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

22. TERMINATION

22.1. City shall have the right to terminate this Agreement for any reason on five (5) calendar days’ written notice to Consultant. Consultant shall have the right to terminate this Agreement for any reason on sixty (60) calendar days’ written notice to City. The effective date of termination shall be upon the date specified in the notice of termination. Consultant agrees that in the event of such termination, City’s obligation to pay Consultant shall be limited to payment only for those services satisfactorily rendered, as solely determined by the City, prior to the effective date of termination. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.

22.2 If City terminates this Agreement due to no fault or failure of performance by Consultant, then Consultant shall be paid based on the work satisfactorily performed, as solely determined by the City, at the time of termination. In no event shall Consultant Professional Services Agreement

INFRASTRUCTURE MANAGEMENT SERVICES, LLC

be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.

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

24. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY

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

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

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

25. WARRANTIES

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

25.2 In executing this Agreement, each Party has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, Professional Services Agreement

INFRASTRUCTURE MANAGEMENT SERVICES, LLC

nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever.

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

26. CAPTIONS

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

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

27. NON-WAIVER

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

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

Professional Services Agreement

INFRASTRUCTURE MANAGEMENT SERVICES, LLC

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

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

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

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

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

32. ENTIRE AGREEMENT
All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Professional Services Agreement

INFRASTRUCTURE MANAGEMENT SERVICES, LLC

Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the Parties.

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

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

CITY OF PICO RIVERA INTERNATIONAL CYBERNETICS
COMPANY, LP d.b.a. IMS

INFRASTRUCTURE MANAGEMENT

SERVICES
______________________________ ___________________________________ Steve Carmona, City Manager Derek Turner, Principal/CEO Dated: ________________________ Dated: _____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ ___________________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney

EXHIBIT A

SCOPE OF SERVICES






 







 


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EXHIBIT C

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works”, Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

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. Consultant 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. Consultant shall not perform work with any subconsultant that is not registered with DIR pursuant to Section 1725.5. Consultant and subconsultants shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Consultant or any subconsultant ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant 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. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.

6. Consultant 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. The Consultant shall, as a penalty to City, forfeit $200.00 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 Consultant or by any subconsultant.

7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.

8. Consultant shall comply with and be bound by the provisions of Labor Code seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant 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, Consultant and each of its subconsultants shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. The Consultant shall not perform Work with any Subconsultant that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of consultants from public works. The Consultant and Subconsultants shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of consultants from public works. If the Consultant or any subconsultant becomes debarred or suspended during the duration of the project, the Consultant shall immediately notify City.

10. Consultant acknowledges that eight hours labor constitutes a legal day’s work. Consultant shall comply with and be bound by Labor Code Section 1810.

Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Consultant or by any subconsultant 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 Consultant 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.

11. 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, Consultant 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 self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

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

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

13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent consultants 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 Consultant, its subconsultants, 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 Consultant under this Section shall survive the termination of the Agreement.

To: Mayor and City Council
From: City Manager
Meeting Date: April 23, 2024
Subject: AWARD A PROFESSIONAL SERVICES AGREEMENT TO
DIEGO’S AUTO REPAIR FOR VEHICLE AND EQUIPMENT

MAINTENANCE REPAIR SERVICES
Recommendation:

1. Award a Professional Services Agreement to Diego’s Auto Repair, Inc. to provide vehicle and equipment maintenance services for City-owned vehicles and equipment for a term of three (3) years with two (2), one-year options to extend, for the annual amount of $75,000, and a not-to-exceed amount of $225,000 for the three-year term of the Agreement; and

2. Authorize the City Manager to execute the agreement, in a form approved by the City Attorney, including any amendments to exercise the two (2) one-year extension options at a not-to-exceed annual amount of $75,000.

Fiscal Impact:

The fiscal year (FY) 2023-24 Adopted Budget includes adequate appropriations to complete auto repair services, as needed, for the remainder of the FY 2023-24 under Account No 100.40.4033-54500 (Public Works, Fleet Maintenance).

The FY 2024-25 approved budget allocates adequate funding to cover the annual $75,000 estimated costs for the recommended agreement, $60,000 included under Account No. 100.40.4033-54500 (Public Works, Fleet Maintenance) and $15,000 under Account No. 550.40.4920-53300 (Public Works, Water Authority). Future appropriations will be budgeted accordingly to cover costs for FY 2025-26 and FY 2026-27, including any planned one-year extensions.

Discussion:

The Public Works Department, Field Operations Division is responsible for the management, repairs, and maintenance of City-owned vehicles and equipment. The City’s vehicle and equipment fleet includes over sixty-five passenger, service, utility, and heavy construction vehicles, and other motorized equipment utilized by all Departments. 11 CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 23, 2024 AWARD A PROFESSIONAL SERVICES AGREEMENT TO DIEGO’S AUTO REPAIR

FOR VEHICLE AND EQUIPMENT REPAIR AND MAINTENANCE SERVICES

On March 12, 2024, a Request for Bids (RFB) was published for vehicle and equipment repair and maintenance services on the Planet Bids platform. The RFB aims to secure a vendor to perform maintenance and repairs that exceed the capacity and/or technical expertise of the full-time Equipment Mechanic II at the Public Works Yard, who handles routine maintenance on vehicles and small power equipment.

Bid proposals were due April 2, 2024, and the City received six (6) proposals.

Contractor Total Bid
Diego’s Auto Repair Inc. $18,350.00
Norm Reeves Ford Superstore $19,387.00
Clean Diesel Specialists $23,443.00
Fleetworks Inc. $24,361.68
Stomich Inc. $28,586.60
SVT Fleet Solutions $33,555.00
The City used the bid schedule in the RFB to obtain prices for various general repairs and maintenance services on an as-needed basis from vendors. Diego’s Auto was the lowest responsive and responsible bidder. The City has utilized the services of Diego’s Auto Repair since 2015. City staff has been satisfied with services rendered by Diego’s Auto Repair. Diego’s Auto Repair has met all bid specifications and demonstrated the capability, capacity, and experience to perform the work required at a reasonable cost.

The agreement herein also requires Diego’s Auto Repair to pick up and deliver vehicles to the Public Works Maintenance Yard so that City staff time is not spent for said purpose.

Based on the previous three-year trend, the City has spent on average $65,000 to $70,000 annually on vehicle maintenance and repair services. To ensure adequate funding for routine maintenance and extraordinary repairs, staff recommend awarding a contract to Diego’s Auto Repair for $75,000 annually and an aggregate amount of $225,000 for the next three years.

Conclusion:

Staff recommends approving the three-year agreement with Diego’s Auto Repair for vehicle and equipment repair and maintenance, and two (2) one-year options to extend under mutual agreement, for an annual amount not-to-exceed $75,000. The agreement’s total compensation amount is not-to-exceed $225,000 for the next three (3) years. Additionally, should the options to extend be processed, it would be a not-toexceed amount of $75,000 per year.

CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 23, 2024
AWARD A PROFESSIONAL SERVICES AGREEMENT TO DIEGO’S AUTO REPAIR

FOR VEHICLE AND EQUIPMENT REPAIR AND MAINTENANCE SERVICES

Steve Carmona
SC:NN:ML:np
Enclosures: 1) Professional Services Agreement
2) Request for Proposals
AGREEMENT NO. _______

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF PICO RIVERA AND
DIEGO’S AUTO REPAIR, INC.

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

2. RECITALS

2.1 City has determined that it requires professional services from a consultant to provide vehicle and equipment maintenance and repairs.

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

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

3. DEFINITIONS

3.1 “Scope of Services”: Such professional services as are set forth in the Consultant’s April 2, 2024 proposal to City attached hereto as Exhibit “A” and incorporated herein by this reference.

3.2 “Approved Fee Schedule”: Such compensation rates as are set forth in the Consultant’s April 2, 2024 proposal to City attached hereto as Exhibit “B.”

3.3 “Commencement Date”: July 1, 2024

3.4 “Expiration Date”: June 30, 2027

4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Expiration Date unless extended by written agreement of the Parties for two (2) one-year option renewals or terminated in accordance with Section 22 below. The two (2) one-year renewal options must be Enclosure 1
11a
Professional Services Agreement
DIEGO’S AUTO REPAIR, INC.

exercised in a written amendment to this Agreement executed by all Parties. The Agreement term shall not be extended beyond June 30, 2029.

5. CONSULTANT’S SERVICES

5.1 Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the Parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In no event shall the total compensation and costs payable to Consultant under this Agreement exceed the sum of Seventy-Five Thousand Dollars ($75,000) per year, and the total compensation and costs payable to Consultant for the three (3) year term of this Agreement shall not exceed the sum of Two Hundred Twenty-Five Thousand Dollars ($225,000) unless specifically approved in advance, in writing, by City. Upon the exercise of the two (2) one-year renewal options the annual compensation and costs payable to Consultant shall not exceed the sum of Seventy-Five Thousand Dollars ($75,000) for each additional one-year extension term.

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

6. COMPENSATION

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

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

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

7. BUSINESS LICENSE
Professional Services Agreement
DIEGO’S AUTO REPAIR, INC.

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

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

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

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

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

12. INDEPENDENT CONTRACTOR

12.1 Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not at any time represent that it is, or that any of its agents or employees are, in any manner employees of City.

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

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

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

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

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

15. INDEMNIFICATION

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

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

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

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

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

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

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

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

16. INSURANCE

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

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

16.1.1.1 Premises, operations, and mobile equipment

16.1.1.2 Products and completed operations

16.1.1.3 Broad form property damage (including completed operations)

16.1.1.4 Explosion, collapse, and underground hazards

16.1.1.5 Personal Injury

16.1.1.6 Contractual liability
in the amount of One Million Dollars ($1,000,000) per occurrence combined single limit; Two Million Dollars ($2,000,000) aggregate for products/completed operation; Two Million Dollars ($2,000,000) general aggregate (General aggregate must apply separately to Consultant’s work under this Agreement.); and Five Million Dollars ($5,000,000) umbrella or excess liability.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

17. MUTUAL COOPERATION

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

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

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

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

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

If to City: If to Consultant:

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

Pico Rivera, California 90660-1016
Facsimile: (562) 801-4765
Meliton F. Cruz, Owner
Diego’s Auto Repair, Inc.
812 Truck Way
Montebello, CA, 90640
With a courtesy copy to:

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

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

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

22. TERMINATION

22.1. City shall have the right to terminate this Agreement for any reason on five (5) calendar days’ written notice to Consultant. Consultant shall have the right to terminate this Agreement for any reason on sixty (60) calendar days’ written notice to City. The effective date of termination shall be upon the date specified in the notice of termination. Consultant agrees that in the event of such termination, City’s obligation to pay Consultant shall be limited to payment only for those services satisfactorily rendered, as solely determined by the City, prior to the effective date of termination. Consultant agrees to cease all work under this Agreement on or before the effective date of any Professional Services Agreement
DIEGO’S AUTO REPAIR, INC.

notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.

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

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

24. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY

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

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

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

25. WARRANTIES

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

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

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

26. CAPTIONS

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

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

27. NON-WAIVER

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

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

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

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

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

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

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

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

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

TO EFFECTUATE THIS AGREEMENT, the Parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “CITY” “CONSULTANT”
CITY OF PICO RIVERA DIEGO’S AUTO REPAIR, INC.
______________________________ ___________________________________ Steve Carmona, City Manager Meliton F. Cruz, Owner
Dated: ________________________ Dated: _____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ ___________________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney

EXHIBIT A

SCOPE OF SERVICES

1.0 GENERAL PROVISIONS

1.1 The successful Contractor must be able to perform general and preventative maintenance and common repair services on vehicles and equipment that include, but are not limited to, brakes, suspension, heat/air conditioning systems, electrical systems, engine, etc. The City prefers a Contractor that has the ability to perform all required services. Notwithstanding, the City may select more than one contractor to provide the services described herein. Furthermore, services may be rendered by sub-contractors only with City’s prior written approval. However, Contractor will remain responsible for the performance of the following obligation, notwithstanding the contracting of a subcontractor: billing, reporting, scheduling, delivery, work, quality, warranty, and other contractual obligations.

1.2 The City reserves the right to award one or more contract(s) to provide the services described herein as deemed in the City’s sole discretion to be most advantageous to the City.

1.3 The Contractor must have the ability to provide the required preventative maintenance and repair service listed in Section 1.4 herein for all fleet vehicles listed on Exhibit “C” attached hereto. Any exception including sub-contracting must be noted in the response.

1.4 Maintenance and Repair Services
A. Preventative Maintenance
The City’s vehicles are routinely driven in short distance; frequent start/stop; and long idle periods. Exhibit “B” (Preventative Maintenance Service Requirements) attached hereto, outlines the services required due to the use conditions. The average annual usage is normally around 10,000 miles.

B. Yearly Maintenance and Inspections
Within six (6) months after the transition period and as defined by the City, the service provider shall perform preventive maintenance on every piece of equipment in the fleet and correct or identify any deficient vehicles or equipment. Deficient vehicles are those identified as not meeting the fleet standard.

C. Repairs and Maintenance
Provide service/repairs to all common mechanical and electrical systems as needed.

D. Non-Vehicular Equipment
Service Provider will maintain hourly miscellaneous equipment in compliance with the OEM specifications, as described herein or as otherwise necessary or directed.

E. Transport of Vehicles for Service
• Contractor is responsible for transport (pickup and delivery) of all vehicles for all preventative and scheduled services.
• For non-scheduled emergency service, courtesy transportation for customers to and from city facilities and other locations within city limits. • The service provider shall provide emergency road service calls, including towing services for vehicles in the City’s fleet. The service provider shall have people on-call to handle vehicle breakdowns expeditiously. The service provider shall tow any City-owned or leased vehicle requiring services regardless of distance and whether or not the cause is an authorized repair or another incident.

F. Accidents
Service Provider shall be responsible for processing accident repairs including appraisals, obtaining repair Bids, transportation of vehicle to/from repair site, repair quality and timeliness, and shall be responsible for administration, including the payment of invoices if repairs are outsourced.

Service Provider shall obtain at least three (3) competitive Bids for each accident repair. Accident repairs shall not be included in the annual cost.

Invoice packages for payment of outsourced repair services will include proper documentation including the above plus the vendor's invoice and supplemental documents. All such tasks will be executed with the full knowledge and approval of the City Maintenance Superintendent.

G.Conditions on Required Services
• 24-hour turnaround on common repairs (including brakes, etc.) and routine maintenance without prior scheduling. When a prior appointment has been made for routine maintenance, the turn-around time should be four (4) hours.
• Provide adequate inventory on special parts to ensure minimum turnaround on non-common repairs.

H. Repair Order Content and Procedure
The Contractor shall provide repair orders for all services provided containing the following information:
• Repair estimates with anticipated work to be performed, estimated completion time, and estimated cost signed by the City staff upon pick-up/drop-off. A confirming copy with final cost shall be mailed to City upon completion, and a billing copy shall be sent to the City with the monthly statement.
• Actual work/cost above written estimate requires City approval prior to work start.
• Authorization of work by designated City staff is required for all repair orders.
• Individual vehicle charges shall be submitted on separate repair orders for each service visit. The repair order must include:
o Date work performed
o Vehicle #, license #, and make/model
o Vehicle mileage at time of service/repair
o Date in/date out/time completed
o Detail type of service, hours, material used, and cost associated with each
o Sub-contracted repair orders containing same information shall be attached to contractor repair order
o Copies of all invoices related to the repair
• The Contractor guarantees and warrants that all material furnished and all services performed under said contract will be free from defects in material and workmanship and will conform to the requirements of this contract for a period of 12 months or 12,000 miles, whichever occurs first. The Contractor shall remedy all such defects at Contractor’s expense within one (1) working day after notification by the City.
• Warranty and sub-contracted repair orders need to be provided by the Contractor. Contractor is prime contractor; however, subcontractors may be used by Contractor. Contractor assumes responsibility for work of sub-contractors. The charges for such services to the City shall be the amount of the sub-contractor’s invoice for services performed, or the contract price, whichever is less.

I.Hours of Operation
The City has a number of services that are active on a 24/7 basis and desires the most comprehensive hour coverage possible. Please identify normal business hours and emergency business hours if available.

J. Safety Check
The Contractor shall perform a safety check in conjunction with all repair & maintenance requirements listed within this RFB. The following safety checks shall be performed every time a vehicle is brought in for service:
• Tires – Visually check condition.
• Lights – Check directional signaling devices and emergency light systems for proper operation.
• Windshield Wipers and Washers – Check condition of wiper arms and blades. Check aim and flow of washer spray. Fill washer reservoir with washer solvent.
• Fluid Levels – Check and replenish fluid levels in transmission, differential, steering sector or power steering pump, and master cylinder. Inspect all units for leakage and clogging.
• Battery – Check condition of heat-shield, hold-down clamps and cable ends, top off electrolyte level, and clean top and terminals as necessary.
• Heater-Defroster-Air Conditioner System and Wiper Controls – Check switches, valves, and ducting doors for proper operation. • Exhaust System – Visually inspect complete exhaust system including catalytic converter and heat-shielding. Check for broken, damaged, missing, or poorly positioned parts. Inspect for open seams, holes, or any condition which could allow exhaust fumes to enter the vehicle.
• Steering and Suspension Components – Conduct a “look and shake” inspection.
• Frame/Sub-Frame and Cross Member – Visually check for “driveover” and/or vehicular damage and fatiguing. • Drive Shaft U-Joints / CV Joints – Conduct a “look and shake” inspection for seal leakage and joint failure.
• Critical Components – Check condition of all under-hood heatshields, and the routing of all hoses and wiring to ensure maximum protection from radiated exhaust heat. Inspect all coolant hoses, fuel line hoses, power steering hoses, engine accessory drive belts, and other under-hood plastic or rubber components.
• Brakes – Inspect all brake line hoses and master cylinder for signs of leaks or damage. Inspect front brake pads, rear brake linings, wheels cylinders, and parking brake cables and linkage. Report estimate of remaining life of pads and shoes.
• Cooling System – Visually inspect entire system for leaks, damage or other signs of needed repair.

EXHIBIT B

APPROVED FEE SCHEDULE

EXHIBIT C

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works”, Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

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. Consultant 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. Consultant shall not perform work with any subconsultant that is not registered with DIR pursuant to Section 1725.5. Consultant and subconsultants shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Consultant or any subconsultant ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant 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. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.

6. Consultant 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. The Consultant shall, as a penalty to City, forfeit $200.00 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 Consultant or by any subconsultant.

7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.

8. Consultant shall comply with and be bound by the provisions of Labor Code seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant 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, Consultant and each of its subconsultants shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. The Consultant shall not perform Work with any Subconsultant that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of consultants from public works. The Consultant and Subconsultants shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of consultants from public works. If the Consultant or any subconsultant becomes debarred or suspended during the duration of the project, the Consultant shall immediately notify City.

10. Consultant acknowledges that eight hours labor constitutes a legal day’s work. Consultant shall comply with and be bound by Labor Code Section 1810.

Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Consultant or by any subconsultant 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 Consultant 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.

11. 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, Consultant 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 self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

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

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

13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent consultants 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 Consultant, its subconsultants, 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 Consultant under this Section shall survive the termination of the Agreement.

REQUEST FOR BIDS
FOR

VEHICLE AND EQUIPMENT REPAIR AND MAINTENANCE
www.pico-rivera.org
DISTRIBUTION/ADVERTISEMENT: MARCH 12, 2024
SUBMITTAL DEADLINE: APRIL 2, 2024
11b
Request for Bids
Vehicle and Equipment Repair & Maintenance

I. INTRODUCTION
This is a Request for Bids (“RFB”) issued by the City of Pico Rivera (“City”) seeking Bids from experienced and qualified automotive and equipment repair technicians (“Contractors”) to provide as-needed vehicle and equipment maintenance services.

The intent of this RFB process is to select a Contractor and negotiate a contract for vehicle and equipment maintenance services.

By submitting a bid, the Contractors agree to all of the terms and conditions of this RFB and Contractual Services Agreement attached hereto as Exhibit “D” (“Services Agreement”). Contractors shall detail any exceptions to the RFB or the Services Agreement in their Bids. 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 proposer 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.

Action Date
Availability of RFB March 12, 2024
Last Day to Questions March 21, 2024
4:00 p.m.

Bid Submission Deadline April 2, 2024
2:00 p.m.

Anticipated Selection April 2024
Anticipated Notice to Proceed May 2024
II. SCOPE OF SERVICES
Perform general and preventative maintenance and repairs on vehicles and equipment that comprise the City fleet. Please see Exhibit “A” for a detailed Scope of Services.

III. CITY CONTACT
The City Contact, hereinafter referred to as “Contact”, is the sole point of contact for this solicitation. All communication shall be in writing and submitted through the Planet Bids system:
(https://pbsystem.planetbids.com/portal/41481/portal-home).

Contractors are not permitted to communicate with other City staff or officials about this RFB, except for during pre-bid meetings (if offered), demonstrations, and/or interviews, unless otherwise directed by the Contact.

Jose Gutierrez
Public Works Manager
9633 Beverly Road
Pico Rivera, CA 90660
Phone: (562) 801-4968
Email: [email protected]
Contractors interested in participating in this RFB should immediately monitor the project in the Planet Bids system: (https://pbsystem.planetbids.com/portal/41481/portal-home).

Request for Bids
Vehicle and Equipment Repair & Maintenance

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 Bids.

V. DEADLINE FOR SUBMITTING QUESTIONS
Any questions regarding the RFB must be submitted to the Planet Bids system:
(https://pbsystem.planetbids.com/portal/41481/portal-home), no later than March 21, 2024, 4:00 p.m., to allow a reply to reach all prospective Contractors before the submission due date. Inquiries received after this deadline will not receive a response.

VI. FORMAT AND SUBMISSION
All Contractors are required to submit their Bids on the Bid Forms attached as Attachment “1” hereto.

1. Complete and insert the Company Information.

2. Complete and insert the References information.

3. Complete and insert the Bid Schedule.

Any other pertinent information a Contractor wishes to provide may be added on additional pages after the Bid Forms.

The bid submission deadline is April 2, 2024, at 2:00 pm. Faxed or e-mailed bids will not be accepted.

All bids must be submitted the Planet Bids system (https://pbsystem.planetbids.com/portal/41481/portalhome).

VII. SELECTION PROCESS
A. Responsive Contractor/ Responsible Contractor
Bids will be reviewed to ascertain that they comply with the RFB requirements. Contractors may be deemed non-responsive for failing to comply with the requirements.

B. AWARD PROCESS
Once the lowest responsible/responsive Contractor has been determined based on Grand Total, a Notification of Intent to Award, identifying the lowest responsible/responsive Contractor will be posted on the Planet Bids system (https://pbsystem.planetbids.com/portal/41481/portal-home).

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 of Pico Rivera Business License.

Commencement of services shall begin once the selected Contractor receives the Notice to Proceed.

VIII. Standard Terms & Conditions
In addition to the previous requirements, the Contractor shall, at minimum, perform or make provisions for the following general requirements:

Request for Bids
Vehicle and Equipment Repair & Maintenance

A. Addenda: The City reserves the right to modify and issue addenda(s) to this RFB, which will be will be posted on the Planet Bids system (https://pbsystem.planetbids.com/portal/41481/portal-home). A signed copy of all addenda shall be uploaded to Planet Bids as part of the bid. Failure to include the addenda may result in a non-responsive submittal. Addenda shall become a part of this RFB and any Agreement, which may result from this solicitation.

B. Additional Information: Provide the City by uploading to Planet Bids, any additional information necessary to accurately determine Contractors 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 Contractor. Furthermore, submission of a bid constitutes permission by the Contractor for the City to verify all information contained therein. Failure to comply with any request for additional information may disqualify the Contractor from further consideration.

C. Bid Commitment: The bid shall be firm and binding for ninety (90) days after the submittal deadline.

Submission of a bid shall constitute a commitment on the part of the Contractor 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 Contractors 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 Contractor 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 Contractor, the contents of the submitted bid will become a contractual obligation. The RFB and any addenda, Contractor’s bid, and the Agreement constitute the entire Agreement between the Contractor and the City and shall incorporate the provisions thereof. Failure of the Contractor 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 Contractor. 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 may require City Council authorization. Furthermore, the City may re-issue the RFB at any time for any reason at its sole discretion.

H. Evidence of Insurance: In the event an Agreement is awarded, Contractor 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 Request for Bids
Vehicle and Equipment Repair & Maintenance

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.

Contractor 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 Contractor’s responsibility to ensure that the bid and supporting documents are uploaded on Planet Bids on or before the specified time. The City will not be responsible for bids not properly uploaded on time, regardless of whatever technical issues that may arise.

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.

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 Contractor responding to this RFB, to waive any defect 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 Contractors to this effect. The City also reserves the right to select another Contractor in the case that the original Contractor, 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 Contractor are the sole responsibility of the Contractor.

ATTACHMENT 1

BID FORMS
RFB – Vehicle and Equipment Repair & Maintenance

1. Company Information
Contractors and their sub-contractors must have prior successful experience performing maintenance and repair services on automobiles and equipment, must be licensed to conduct business in the State of California, and must possess all permits, licenses, certifications, approvals, equipment, materials, and staff necessary to perform and/or carry out the requirements of the contract.

Name of Company: ____________________________________________________________________ Name of Owner: ______________________________________________________________________ Company Address: ____________________________________________________________________ ____________________________________________________________________ Phone Number: __________________________ Fax Number: ___________________________ Website: ____________________________________________________________________________ Number of years in business: _________ Number of years in business at this location: _________ Name of Shop Manager(s): _____________________________________________________________ State the duties and qualifications of shop manager(s):

Assigned Contact/Service Representative: _________________________________________________ Title/Duties: ___________________________________________________________________ Qualifications: _________________________________________________________________ Years with Company: ________ Phone Number: _______________________________ Emergency Contact (365 days/year; 24 hours/day): __________________________________________ Operating Hours – The Contractor shall be currently operating out of a commercial facility, which is open and accessible to City personnel without prior notice during normal business hours. Please state normal operating hours:

Monday __________ a.m. / p.m. to __________ a.m. / p.m.

Tuesday __________ a.m. / p.m. to __________ a.m. / p.m.

Wednesday __________ a.m. / p.m. to __________ a.m. / p.m.

Thursday __________ a.m. / p.m. to __________ a.m. / p.m.

Friday __________ a.m. / p.m. to __________ a.m. / p.m.

Saturday __________ a.m. / p.m. to __________ a.m. / p.m.

Sunday __________ a.m. / p.m. to __________ a.m. / p.m.

Please provide an experience/qualifications profile for each member of your technical staff to include the following information. Attach additional sheets if needed.

Name Job Title / Years of
Experience
Years with
Contractor ASE Certification Series and Level
Given the size and composition of your current staff, will it be necessary for you to increase staff to meet the requirements of this contract? Explain.

Please describe your hiring and continued education/training requirements for mechanics.

Have you, your company, or any officer or partner thereof, ever failed to complete a vehicle maintenance services contract?
If yes, give details, including dates: (use another sheet of paper, if necessary) Has your company ever been assessed damages or penalties for failing to perform vehicle maintenance 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) Does your company 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) Does your company 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) Has your company 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) ATTACHMENT 1

BID FORMS
RFB – Vehicle and Equipment Repair & Maintenance

2. REFERENCES
Please provide three commercial client references, their size of fleet by vehicle type, years of contract relation, type and frequency of the service provided. Please identify the contact person and phone number for each. Use additional sheets if necessary.

Company Name: ______________________________________________________________________ Address: ____________________________________________________________________________

____________________________________________________________________________ Phone Number: _________________________________ E-mail: ______________________________ Contact Person: ______________________________________________________________________ Fleet Size/Type: ______________________________________________________________________ Years of Contract: ___________ Frequency of Service: _________________________________ Company Name: ______________________________________________________________________ Address: ____________________________________________________________________________

____________________________________________________________________________ Phone Number: __________________________________ E-mail:______________________________ Contact Person: ______________________________________________________________________ Fleet Size/Type: ______________________________________________________________________ Years of Contract: ___________ Frequency of Service: _________________________________ Company Name: ______________________________________________________________________ Address: ____________________________________________________________________________

____________________________________________________________________________ Phone Number: __________________________________ E-mail:______________________________ Contact Person: ______________________________________________________________________ Fleet Size/Type: ______________________________________________________________________ Years of Contract: ___________ Frequency of Service: _________________________________ ATTACHMENT 1

BID FORMS
RFB – Vehicle and Equipment Repair & Maintenance

3. BID SCHEDULE
Cost per Vehicle per Service (including all labor, materials, equipment, fees, taxes, incidentals, and overhead necessary to perform the work described in EXHIBIT B of this document). These services will be provided based on the City's assessment of their need.

SERVICE RATE SCHEDULE
Light

CATEGORY
A
Medium

CATEGORY
B
Heavy

CATEGORY
C
Passenger

CATEGORY
D
TOTAL
1 Preventative maintenance service
(Exhibit “B”)
Flat Rate including labor and
materials $ $ $ $ $
2 Annual Smog Check
Flat Rate including labor and
certification $ $ $ $ $
3 Vehicle Transport (pickup and
delivery) for preventative and
scheduled services $ $ $ $ $
4 Brake Service –Front Wheels:

Replace pads, turn rotors and labor $ $ $ $ $
5 Brake Service –Front Wheels:

Replace pads, replace rotors and
labor $ $ $ $ $
6 Brake Service –Front Wheels:

Replace pads, replace rotors and
replace calipers and labor $ $ $ $ $
7 Brake Service –Front Wheels:

Replace pads $ $ $ $ $
8 Brake Service-Rear Wheels:

Replace pads, turn rotors and labor $ $ $ $ $
9 Brake Service-Rear Wheels:

Replace pads, replace rotors and
labor $ $ $ $ $
10 Brake Service-Rear Wheels:

Replace pads, replace rotors and
replace calipers and labor $ $ $
$ $
11 Brake Service-Rear Wheels:

Replace pads $ $ $ $ $
GRAND TOTAL $

HOURLY RATES AND MARK-UP ON PARTS AND MATERIALS
Light

CATEGORY
A
Medium

CATEGORY
B
Heavy

CATEGORY
C
Passenger

CATEGORY
D
1 Hourly Labor Rate $ $ $ $
2 Replacement Dealer Parts
Cost Plus % % % % %
3 Replacement Non-Dealer Parts
Cost Plus % % % % %
* All quotes for maintenance services should include the cost of both labor and materials.

By submitting a Bid, Contractor 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 Contractor 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 Contractor from complying with the requirements of the RFB.

Person from your company who is authorized to submit the bid package:

Signature: __________________________________________________Date:________________ Printed Name and Title: ____________________________________________________________ E-Mail:_________________________________________________________________________ Phone: _________________________________________________________________________

EXHIBIT A

SCOPE OF SERVICES
RFB – Vehicle and Equipment Repair & Maintenance

1.0 GENERAL PROVISIONS

1.1 The successful Contractor must be able to perform general and preventative maintenance and common repair services on vehicles and equipment that include, but are not limited to, brakes, suspension, heat/air conditioning systems, electrical systems, engine, etc. The City prefers a Contractor that has the ability to perform all required services. Notwithstanding, the City may select more than one contractor to provide the services described herein. Furthermore, services may be rendered by sub-contractors only with City’s prior written approval. However, Contractor will remain responsible for the performance of the following obligation, notwithstanding the contracting of a subcontractor: billing, reporting, scheduling, delivery, work, quality, warranty, and other contractual obligations.

1.2 The City reserves the right to award one or more contract(s) to provide the services described herein as deemed in the City’s sole discretion to be most advantageous to the City.

1.3 The Contractor must have the ability to provide the required preventative maintenance and repair service listed in Section 1.4 herein for all fleet vehicles listed on Exhibit “C” attached hereto.

Any exception including sub-contracting must be noted in the response.

1.4 Maintenance and Repair Services
A. Preventative Maintenance
The City’s vehicles are routinely driven in short distance; frequent start/stop; and long idle periods. Exhibit “B” (Preventative Maintenance Service Requirements) attached hereto, outlines the services required due to the use conditions. The average annual usage is normally around 10,000 miles.

B. Yearly Maintenance and Inspections
Within six (6) months after the transition period and as defined by the City, the service provider shall perform preventive maintenance on every piece of equipment in the fleet and correct or identify any deficient vehicles or equipment. Deficient vehicles are those identified as not meeting the fleet standard.

C. Repairs and Maintenance
Provide service/repairs to all common mechanical and electrical systems as needed.

D. Non-Vehicular Equipment
Service Provider will maintain hourly miscellaneous equipment in compliance with the OEM specifications, as described herein or as otherwise necessary or directed.

E. Transport of Vehicles for Service
• Contractor is responsible for transport (pickup and delivery) of all vehicles for all preventative and scheduled services.
• For non-scheduled emergency service, courtesy transportation for customers to and from city facilities and other locations within city limits. • The service provider shall provide emergency road service calls, including towing services for vehicles in the City’s fleet. The service provider shall have people on-call to handle vehicle breakdowns expeditiously. The service provider shall tow any Cityowned or leased vehicle requiring services regardless of distance and whether or not the cause is an authorized repair or another incident.

F. Accidents
Service Provider shall be responsible for processing accident repairs including appraisals, obtaining repair Bids, transportation of vehicle to/from repair site, repair quality and timeliness, and shall be responsible for administration, including the payment of invoices if repairs are outsourced. Service Provider shall obtain at least three (3) competitive Bids for each accident repair. Accident repairs shall not be included in the annual cost. Invoice packages for payment of outsourced repair services will include proper documentation including the above plus the vendor's invoice and supplemental documents. All such tasks will be executed with the full knowledge and approval of the City Maintenance Superintendent.

G. Conditions on Required Services
• 24-hour turnaround on common repairs (including brakes, etc.) and routine maintenance without prior scheduling. When a prior appointment has been made for routine maintenance, the turn-around time should be four (4) hours. • Provide adequate inventory on special parts to ensure minimum turn-around on noncommon repairs.

H. Repair Order Content and Procedure
The Contractor shall provide repair orders for all services provided containing the following information:
• Repair estimates with anticipated work to be performed, estimated completion time, and estimated cost signed by the City staff upon pick-up/drop-off. A confirming copy with final cost shall be mailed to City upon completion, and a billing copy shall be sent to the City with the monthly statement. • Actual work/cost above written estimate requires City approval prior to work start. • Authorization of work by designated City staff is required for all repair orders. • Individual vehicle charges shall be submitted on separate repair orders for each service visit. The repair order must include:
o Date work performed
o Vehicle #, license #, and make/model
o Vehicle mileage at time of service/repair
o Date in/date out/time completed
o Detail type of service, hours, material used, and cost associated with each o Sub-contracted repair orders containing same information shall be attached to contractor repair order
o Copies of all invoices related to the repair
• The Contractor guarantees and warrants that all material furnished and all services performed under said contract will be free from defects in material and workmanship and will conform to the requirements of this contract for a period of 12 months or 12,000 miles, whichever occurs first. The Contractor shall remedy all such defects at Contractor’s expense within one (1) working day after notification by the City.
• Warranty and sub-contracted repair orders need to be provided by the Contractor.

Contractor is prime contractor; however, sub-contractors may be used by Contractor. Contractor assumes responsibility for work of sub-contractors. The charges for such services to the City shall be the amount of the sub-contractor’s invoice for services performed, or the contract price, whichever is less.

I. Hours of Operation
The City has a number of services that are active on a 24/7 basis and desires the most comprehensive hour coverage possible. Please identify normal business hours and emergency business hours if available.

J. Safety Check
The Contractor shall perform a safety check in conjunction with all repair & maintenance requirements listed within this RFB. The following safety checks shall be performed every time a vehicle is brought in for service:
• Tires – Visually check condition.
• Lights – Check directional signaling devices and emergency light systems for proper operation.
• Windshield Wipers and Washers – Check condition of wiper arms and blades.

Check aim and flow of washer spray. Fill washer reservoir with washer solvent. • Fluid Levels – Check and replenish fluid levels in transmission, differential, steering sector or power steering pump, and master cylinder. Inspect all units for leakage and clogging.
• Battery – Check condition of heat-shield, hold-down clamps and cable ends, top off electrolyte level, and clean top and terminals as necessary. • Heater-Defroster-Air Conditioner System and Wiper Controls – Check switches, valves, and ducting doors for proper operation.
• Exhaust System – Visually inspect complete exhaust system including catalytic converter and heat-shielding. Check for broken, damaged, missing, or poorly positioned parts. Inspect for open seams, holes, or any condition which could allow exhaust fumes to enter the vehicle.
• Steering and Suspension Components – Conduct a “look and shake” inspection. • Frame/Sub-Frame and Cross Member – Visually check for “drive-over” and/or vehicular damage and fatiguing.
• Drive Shaft U-Joints / CV Joints – Conduct a “look and shake” inspection for seal leakage and joint failure.
• Critical Components – Check condition of all under-hood heat-shields, and the routing of all hoses and wiring to ensure maximum protection from radiated exhaust heat. Inspect all coolant hoses, fuel line hoses, power steering hoses, engine accessory drive belts, and other under-hood plastic or rubber components. • Brakes – Inspect all brake line hoses and master cylinder for signs of leaks or damage. Inspect front brake pads, rear brake linings, wheels cylinders, and parking brake cables and linkage. Report estimate of remaining life of pads and shoes.
• Cooling System – Visually inspect entire system for leaks, damage or other signs of needed repair.

EXHIBIT B

PREVENTATIVE MAINTENANCE SERVICE REQUIREMENTS
RFB – Vehicle and Equipment Repair & Maintenance
All services listed below are to be performed per standard manufacturer recommended frequency as one package service. Cost is to be quoted as one flat rate for all services including labor and materials.

1. Change engine oil

2. Change engine oil filter

3. Check air filter condition

4. Check belts and belt tensioner

5. Check battery electrolyte level; add water as needed; clean and tighten terminals

6. Check brake fluid level

7. Check drive train fluid levels (Transmission, transfer case, differential)

8. Check engine compartment fluid levels; add as needed

9. Check engine cooling system, hoses and clamps

10. Check exhaust system

11. Check front and rear shocks for wear and/or leakage

12. Check exterior and interior lights and other electrical items for correct operation

13. Check power steering fluid level

14. Rotate tires and check tire pressure and condition

15. Check windshield wiper operation, blade condition, washer solvent level; fill as needed

16. Lubricate chassis

17. Lubricate steering linkage

18. Check front brake pads, rotors, calipers; check rear brake shoes, drums, wheel cylinders and brake hoses

19. Check parking brake operation

20. Lubricate door latches, locks and hinges

21. Replace fuel filter

22. For diesel engines, check and drain fuel/water separator

23. Check all seat belts

EXHIBIT C

LIST OF CITY VEHICLES
RFB – Vehicle and Equipment & Maintenance

CATEGORY A
Light Truck

VEHICLE
NO. YEAR MAKE MODEL
1 Light Truck 284 2017 Ford F-150
2 Light Truck 286 2017 Ford F-150
3 Light Truck 287 2017 Ford F-150
4 Light Truck 291 2016 Ford F-150
5 Light Truck
(Crew Cab) 203 2001 Ford F-250
6 Light Truck 222 2023 Ford F150 XL
7 Light Truck 254 2008 Ford F-250
8 Light Truck 400 2022 Ford F250
9 Light Truck 402 2023 Ford F150 XL
10 Light Truck 403 2023 Ford F250
11 Light Truck 404 2023 Ford F250
12 Light Truck 406 2023 Ford F250
13 Light Truck 407 2023 Ford F250
14 Light Truck 200 2001 GMC SIERRA 2500
15 Light Truck 201 2014 Ford F-150
16 Light Truck 251 2018 Ford F-150
17 Light Truck 292 2008 Chevrolet Silverado 1500
18 Light Truck 405 2023 Ford F250
19 Light Truck 408 2023 Ford F250
20 Light Truck 252 2018 Ford F-150
21 Light Truck 131 2019 Chevrolet Colorado
22 Light Truck 132 2019 Chevrolet Colorado
23 Light Truck 253 2018 FORD F-150

CATEGORY B
Medium Truck

VEHICLE
NO. YEAR MAKE MODEL
24 Medium Truck 294 2017 Ford F-350
25 Medium Truck 300 2021 Ford F-350
26 Medium Truck 500 2022 Ford F-350
27 Medium Truck 501 2022 Ford F-350
28 Medium Truck 215 2000 Ford F350
29 Utility Truck 285 2002 Chevrolet Silverado 2500
30 Medium Truck 208 2019 Ford F-350
31 Medium Truck 209 2019 Ford F-350
32 Medium Truck 246 2006 Chevrolet C3500
33 Medium Truck 249 2019 Ford F-350
34 Medium Truck 250 2001 GMC C3500
35 Medium Truck 261 2002 GMC C3500

CATEGORY C
Medium Truck

VEHICLE
NO. YEAR MAKE MODEL
36 Heavy Truck 283 2017 Ford F-550
37 Heavy Truck 290 2016 Ford F-650
38 Heavy Truck 298 2022 Ford F-550
39 Dump Truck 223 2019 Ford F550
40 Heavy Truck 224 2019 Ford F-550
41 Heavy Truck 273 2015 Ford F-650
42 Heavy Truck (Bucket) 288 2017 Ford F-550
43 Heavy Truck 401 2022 Ford F550
44 Step Van 259 1998 Chevrolet Step Van
45 Step Vam 262 1998 Chevrolet Step Van
46 Van 271 2004 Ford E-350 Service Van
47 Shuttle Bus 356 2022 FORD TRANSIT
48 Shuttle Bus 357 2022 FORD TRANSIT
49 Shuttle Bus 358 2022 FORD TRANSIT

CATEGORY D
Passenger Vehicle

VEHICLE
NO. YEAR MAKE MODEL
50 Private Passenger 109 2007 Chevrolet Cobalt
51 Passenger 117 2019 Toyota Prius
52 Cargo Van 217 2019 Ford Transit High Roof
53 Cargo Van 220 2019 Ford Transit High Roof
54 Passenger 103 2014 TOYOTA PRIUS C
55 Passenger 113 2019 Toyota
Prius L
Eco Hybrid
56 Passenger 114 2014 Toyota PRIUS C
57 Passenger 124 2008 Chevrolet Cobalt
58 Compact SUV 130 2019 Ford Escape
59 Compact SUV 125 2024 Toyota RAV4
60 Compact SUV 126 2024 Toyota RAV4
61 Compact SUV 127 2024 Toyota RAV4
62 Passenger 112 2014 Toyota Prius C
63 Van 118 2019 Ford Van
64 Van 119 2019 Ford Van
65 Van 120 2019 Ford Van

EXHIBIT D

SAMPLE AGREEMENT
RFB – Vehicle and Equipment & Maintenance

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF PICO RIVERA AND
[INSERT NAME]

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

2. RECITALS

2.1 City has determined that it requires professional services from a consultant to provide Vehicle and Equipment Maintenance Services.

2.2 Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees.

Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

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

3. DEFINITIONS

3.1 “Scope of Services”: Such professional services as are set forth in the Consultant’s [INSERT BID DATE] bid to City attached hereto as Exhibit “A” and incorporated herein by this reference.

3.2 “Approved Fee Schedule”: Such compensation rates as are set forth in the Consultant’s [INSERT BID DATE] bid to City attached hereto as Exhibit “B”.

3.3 “Commencement Date”: [INSERT DATE]

3.4 “Expiration Date”: [INSERT DATE]

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

5. CONSULTANT’S SERVICES

5.1 Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the Parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In no event shall the total compensation and costs payable to Consultant under this Agreement exceed the sum of [INSERT NOT TO EXCEED AMOUNT] unless specifically approved in advance, in writing, by City.

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

6. COMPENSATION

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

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

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

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

8. COMPLIANCE WITH LAWS
Consultant shall keep informed of State, Federal and Local laws, ordinances, codes and regulations that in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Consultant shall at all times comply with such laws, ordinances, codes and regulations. Without limiting the generality of the foregoing, if Consultant is an out-of-state corporation or LLC, it must be qualified or registered to do business in the State of California pursuant to sections 2105 and 17451 of the California Corporations Code. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.

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

10. PERSONNEL
Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services.

Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant’s services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City’s premises. [INSERT NAME OF CONTACT] shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made in Consultant’s project administrator without City’s prior written consent.

11. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material (“written products”) developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.

12. INDEPENDENT CONTRACTOR

12.1 Consultant is, and shall at all times remain as to City, a wholly independent contractor.

Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not at any time represent that it is, or that any of its agents or employees are, in any manner employees of City.

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

12.3 City shall not deduct from the Compensation paid to Consultant any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to Consultant. City shall have no responsibility to provide Consultant, its employees or subcontractors with workers’ compensation insurance or any other insurance.

13. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data and any copies thereof shall be returned to City upon the termination or expiration of this Agreement.
14 NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES
No official or employee of the City shall be personally liable to Consultant in the event of any default or breach by City, or for any amount which may become due to Consultant.

15. INDEMNIFICATION

15.1 The Parties agree that City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to City. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to indemnify and protect City as set forth herein.

15.2 To the full extent permitted by law, Consultant shall indemnify, hold harmless and defend City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from or arising out of any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant or any of its officers, employees, servants, agents, or subcontractors in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice.

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

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

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

Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice.

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

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

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and 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 City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

16. INSURANCE

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

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

16.1.1.1 Premises, operations, and mobile equipment;

16.1.1.2 Products and completed operations;

16.1.1.3 Broad form property damage (including completed operations);

16.1.1.4 Explosion, collapse, and underground hazards;

16.1.1.5 Personal injury; and

16.1.16 Contractual liability,
in the amount of One Million Dollars ($1,000,000) per occurrence combined single limit; Two Million Dollars ($2,000,000) aggregate for products/completed operation; Two Million Dollars ($2,000,000) general aggregate (General aggregate must apply separately to Contractor’s work under this Agreement.); and Ten Million Dollars ($10,000,000) umbrella or excess liability.

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

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

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

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

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

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

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

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

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

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

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

16.10 Any deductibles or self-insured retentions must be declared to and approved by the City.

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

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

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

17. MUTUAL COOPERATION

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

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

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

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

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

If to City: If to Consultant:

City Manager
City of Pico Rivera
PO Box 1016
[INSERT NAME]
[INSERT ADDRESS]
6615 Passons Blvd.

Pico Rivera, California 90660-1016
Facsimile: (562) 801-4765
With a courtesy copy to:

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

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

22. TERMINATION

22.1. City shall have the right to terminate this Agreement for any reason on five (5) calendar days’ written notice to Consultant. Consultant shall have the right to terminate this Agreement for any reason on sixty (60) calendar days’ written notice to City. The effective date of termination shall be upon the date specified in the notice of termination. Consultant agrees that in the event of such termination, City’s obligation to pay Consultant shall be limited to payment only for those services satisfactorily rendered, as solely determined by the City, prior to the effective date of termination. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.

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

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

24. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY

24.1 In the performance of this Agreement, Consultant shall not discriminate against any employee, 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.

Consultant will take affirmative action to ensure that subcontractors, employees, and employment applicants are treated without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

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

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

25. WARRANTIES

25.1 Each party has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement, or been provided with an opportunity to receive independent legal advice and has freely and voluntarily waived and relinquished the right to do so.

Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement.

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

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

26. CAPTIONS
The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the section or paragraph thereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

27. NON-WAIVER

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

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

28. COURT COSTS
Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any Party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such Party of any of all of such other rights, powers or remedies. In the event legal action shall be necessary to enforce any term, covenant or condition herein contained, the Party prevailing in such action, whether reduced to judgment or not, shall be entitled to its reasonable court costs, including accountants’ fees, if any, and attorneys’ fees expended in such action. The venue for any litigation shall be Los Angeles County, California.

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

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

31. COUNTERPARTS
This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile 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.

32. ENTIRE AGREEMENT
All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement.

In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.

This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the Parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed by City and Consultant.

TO EFFECTUATE THIS AGREEMENT, the Parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “CITY” “CONSULTANT”
CITY OF PICO RIVERA [INSERT NAME]
______________________________ ___________________________________ Erik Lutz, Mayor [NAME, TITLE]
Dated: ________________________ Dated: _____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ ___________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney To: Mayor and City Council
From: City Manager
Meeting Date: April 23, 2024
Subject: APPROVE AMENDMENT NO. 4 TO AGREEMENT NO. 18-
1825 WITH MARIPOSA LANDSCAPES INC. FOR

LANDSCAPE MAINTENANCE SERVICES
Recommendation:

1. Approve an Amendment No. 4 to Agreement No. 18-1825 with Mariposa Landscapes, Inc. pursuant to the exemptions provided in section 3.20.030 of the Pico Rivera Municipal Code, for an annual amount of $348,240 and a not-to- exceed amount of $696,500 ($29,020 per month for a term of two (2) years);

2. Authorize the City Manager or designee to process change orders in an amount notto-exceed 10% of the total amendment, as needed, up to $69,650 for contingency purposes;

3. Find the approval of Amendment No. 4 to Agreement No. 18-1825, to be pursuant to Pico Rivera Municipal Code Section 3.20.030 (B), in order to modify agreement compensation, scope of work, and extend the term for Landscape Maintenance Services with Mariposa Landscapes, Inc.; and

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

Fiscal Impact:

The fiscal year (FY) 2023-24 Adopted Budget includes an available amount of $58,100 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 in subsequent years.
12 COUNCIL AGENDA REPORT – MEETING OF APRIL 23, 2024
APPROVE AMENDMENT NO. 4 TO AGREEMENT NO. 18-1825 WITH MARIPOSA LANDSCAPES INC. FOR LANDSCAPE MAINTENANCE SERVICES

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. Landscape maintenance services include inspection, maintenance, and repair of landscape and irrigation systems.

Mariposa Landscapes Inc. (Mariposa), the current vendor, has provided services since 2018 and has invaluable knowledge of the landscape areas throughout the City. Mariposa has also provided work on some center median renovations, which included an overhaul of the irrigation system, plant material and hardscape installation, and other beautification improvements. Mariposa has demonstrated quality services and developed a great professional relationship with City staff.

Amendment No. 4 (Enclosure 1) to the Contractual Services Agreement No. 18-1825 for Landscape Maintenance Services with Mariposa Landscapes, Inc. qualifies under Section

3.20.030 (B) of the Pico Rivera Municipal Code (PRMC) in that, “[the city may dispense with the bidding requirements if it (the City Council) finds that the supplies, services, or equipment are unique…and available only from one source, or, if available from more than one source, can be purchased from the…service provider for lower price.” (emphasis added). This Amendment will result in a price reduction for expanded service levels.

It is recommended that the City Council makes the finding set forth above as required by PRMC Section 3.20.030 (B) and approve Amendment No. 4 to the Contractual Services Agreement No. 18-1825 for Landscape Maintenance Services with Mariposa Landscapes, Inc.

Conclusion:

Staff recommend that the City Council approve Amendment No. 4 resulting in an extension for a two-year period (expiring June 30, 2026) to the Contractual Services Agreement with Mariposa Landscapes, Inc. for landscape maintenance services for an annual amount notto-exceed $348,240, and authorize the City Manager to approve change orders, as needed, in an amount not-to-exceed $69,650 (approximately 10% of the total amendment amount) for contingency purposes and make the finding set forth as required by Pico Rivera Municipal Code Section 3.20.030B.

Steve Carmona
SC:NN:ML:np
Enclosure: 1) Amendment No. 4 to Agreement No. 18-1825
AMENDMENT NO. 4
TO THE CONTRACTUAL SERVICES AGREEMENT NO. 18-1825 FOR
LANDSCAPE MAINTENANCE SERVICES WITH MARIPOSA LANDSCAPES, INC.

THIS AMENDMENT NO. 4 TO THE CONTRACTUAL SERVICES AGREEMENT NO. 18- 1825 FOR LANDSCAPE MAINTENANCE SERVICES WITH MARIPOSA
LANDSCAPES, INC. (“Amendment No. 4"), effective as of the date specified in paragraph 4 hereof, is made and entered into by and between the CITY OF PICO RIVERA (“CITY”), and Mariposa Landscapes, Inc., (“CONTRACTOR”).

RECITALS
A. CITY and CONTRACTOR (collectively referred to as the “Parties”) have previously executed that certain Contractual Services Agreement for Agreement No. 18-1825 dated September 28, 2018, as amended by the Amendment No. 1 to the Contractual Services Agreement, dated October 12, 2021, Amendment No. 2 to the Contractual Services Agreement, dated September 22, 2022, and Amendment No. 3 to the Contractual Services Agreement, dated September 27, 2023, (collectively “Agreement”) relating to landscape maintenance services in the City of Pico Rivera.

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

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

1. TERM
Section 3. Term of the Agreement is hereby replaced in its entirety with the following:
“This Agreement shall commence on October 1, 2018. The term of this Agreement shall expire on June 30, 2026 unless sooner terminated or extended as herein provided. The term of this Agreement may only be extended by a written amendment to this Agreement, signed by both Parties.”

2. MODIFICATION OF CONSULTANT’S COMPENSATION.

As compensation for the Scope of Services associated with the extension of the Term and those included in Exhibit A, the Contract Sum under Section 2(a) of the Agreement shall be hereby increased by an amount not to exceed Six Hundred Ninety-Six Thousand Five Hundred Dollars ($696,500.00).

3. EFFECT OF AMENDMENTS.

Except as modified herein, either expressly or by necessary implication, the terms Enclosure 1
12a
Amendment No. 4
Landscape Maintenance Services Agreement
MARIPOSA LANDSCAPES, INC.

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

4. EFFECTIVE DATE.

Unless otherwise specified herein, this Amendment No. 4 shall become effective as of the date set forth below on which the last of the parties, whether CITY or CONTRACTOR, executes this Amendment No. 4.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 4 to be executed and attested by their respective officers hereunto duly authorized. “CITY” “CONTRACTOR”
CITY OF PICO RIVERA MARIPOSA LANDSCAPES, INC.
______________________________ _________________________________ Steve Carmona, City Manager Terry Noriega, President
Dated: ________________________ Dated: ____________________________ ATTEST: APPROVED AS TO FORM
___________________________ _________________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney

EXHIBIT A

SCOPE OF SERVICES

1.0 GENERAL CONDITIONS

1.1 The Contractor shall provide landscape maintenance services at thirtyfour (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 re- performance 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)

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. 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.
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 color- coded 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 color- coded sprinklers, bubblers, valves , valve boxes, tags and signs. Contractor understands that Recycled Water is not intended 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.
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.

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, 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
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.

To: Mayor and City Council
From: City Manager
Meeting Date: April 23, 2024
Subject: ON-CALL ENGINEERING SERVICES – AWARD OF

PROFESSIONAL SERVICES AGREEMENTS
Recommendation:

1. Award a Professional Services Agreement for a term of five (5) years in the total amount of up to $2,500,000 to HDR Engineering, Inc. to provide on-call engineering services;

2. Award a Professional Services Agreement for a term of five (5) years in the total amount of up to $2,500,000 to Willdan Engineering to provide on-call engineering services;

3. Award a Professional Services Agreement for a term of five (5) years in the total amount of up to $2,500,000 to D’Leon Consulting Engineers to provide on-call engineering services;

4. Award a Professional Services Agreement for a term of five (5) years in the total amount of up to $2,500,000 to IMEG to provide on-call engineering services;

5. Award a Professional Services Agreement for a term of five (5) years in the total amount of up to $2,500,000 to JMDiaz, Inc. to provide on-call engineering services;

6. Award a Professional Services Agreement for a term of five (5) years in the total amount of up to $2,500,000 to Cordoba Corporation to provide on-call engineering services;

7. Award a Professional Services Agreement for a term of five (5) years in the total amount of up to $2,500,000 to Kimley Horn & Associates, Inc. to provide on-call engineering services;
13 CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 23, 2024 ON-CALL ENGINEERING SERVICES – AWARD OF PROFESSIONAL SERVICES

AGREEMENTS