*Commissioners receive a $30.00 stipend per each meeting held and attended. .
Thursday, February 19, 2026
Special Meeting 3:30 p.m.
Parks and Recreation Community Room
6767 Passons Boulevard
Next Resolution No. 7461
Next Ordinance No. 1204
Next Agreement No. 26-2529
Housing Assistance Agency
Next Resolution No. HA-112
Next Ordinance No. HA-16
Water Authority
Next Resolution No. WA-26-37
Next Ordinance No. WA-26-01
Next Agreement No. WA-26-81
Public Financing Authority
Next Resolution No. PFA-26-13
ROLL CALL:
Mayor:
Gustavo V. Camacho
Mayor Pro Tempore:
Dr. Monica Sánchez
Councilmembers:
John R. Garcia
Andrew C. Lara
Erik Lutz
PUBLIC COMMENTS:
TO COMMENT ON ANY AGENDA ONLY, PLEASE COMPLETE A GREEN PUBLIC
COMMENT REQUEST CARD AND SUBMIT IT TO THE CLERK AT THE BACK OF THE
ROOM BEFORE THE MEETING BEGINS, OR EMAIL YOUR COMMENT TO [email protected] BY 2:00 P.M. ON THE DAY OF THE MEETING.
When you are called to speak, please come forward and state your name and city of residency for the record. You have three (3) minutes to make your remarks. In accordance with Government Code Section 54954.2, members of the City Council may only: 1) respond briefly to statements made or questions posed by the public; 2) ask a question for clarification; 3) provide a reference to staff or other resources for factual information; 4) request staff to report to the City Council at a subsequent meeting concerning any matter raised by the public; and 5) direct staff to place a matter of business on a future agenda. City Council members cannot comment on items that are not listed on a posted agenda.
PLEASE TURN OFF ALL PAGERS AND/OR PHONES WHILE MEETING IS IN
SESSION AND PLEASE REFRAIN FROM TEXTING DURING THE MEETING **************************************************************************************************** In compliance with the Americans with Disabilities Act of 1990, the City of Pico Rivera is committed to providing reasonable accommodations for a person with a disability. Please call the City Clerk’s office at (562) 801-4389, if special accommodations are necessary and/or if information is needed in an alternative format. Special requests must be made in a reasonable amount of time in order that accommodations can be arranged (within 24 to 48 hours’ notice).
Meeting jointly and regularly with the Pico Rivera *Housing Assistance Agency (as needed); Pico Rivera Water Authority (as needed); and Public Financing Authority (as needed)
2-19-2026 Agenda City Council Special Meeting
REGULAR AGENDA:
City Council:
1. Smith Park Aquatic Center Renovation Project, CIP No. 50043 – Award of Construction Contract. (500)
Recommendation:
1. Award a construction contract for a not-to-exceed amount of $32,357,000 to Swinerton Builders for the Smith Park Aquatic Center Renovation Project (Aquatic Project), and authorize the City Manager to execute the contract in a form approved by the City Attorney;
2. Amend the fiscal year (FY) 2025-26 Adopted Budgt by transferring $400,000 from the Alebrije Dog Park project funding in the Capital Improvement Fund (CIP Fund) to the Aquatic project;
3. Amend FY 2025-26 Adopted Budget by transferring $200,000 from the Teen Center Renovation project funding in the CIP Fund to the Aquatic project;
4. Amend FY 2025-26 Adopted Budget by appropriating $2,114,885 from the Senate Bill 1 Fund balance to the Road Resurfacing Program – Overlay and Reconstruction 2025-27 project;
5. Amend FY 2025-26 Adopted Budget by transferring $2,114,885 from the CIP funding for the Road Resurfacing Program – Overlay and Reconstruction 2025-27 project to the Aquatic project;
6. Amend FY 2025-26 Adopted Budget by transferring $545,875 from the General Fund Unassigned Fund Balance to the CIP Fund and the appropriating the same amount to the Aquatic project; and
7. Amend FY 2025-26 Adopted Budget by transferring $4,000,000 from the Landscaping Assessment District to the General Fund, and transferring the same amount from the General Fund to the CIP Fund, and then appropriating it to the Aquatic project.
Agreement No. _______
CONSENT CALENDAR ITEMS PULLED FOR FURTHER DISCUSSION
ADJOURNMENT:
2-19-2026 Agenda City Council Special Meeting
AFFIDAVIT OF POSTING
I, Cynthia Ayala, City Clerk, for the City of Pico Rivera, DO HEREBY CERTIFY, under penalty of perjury under the laws of the State of California, that the foregoing notice was posted at the Parks and Recreation Community Room and the Pico Rivera website www.pico-rivera.org, which are available for the public to view on this 18th, day of February 2026.
Dated this 18th, day of February 2026.
Cynthia Ayala
City Clerk
SB343 NOTICE
In compliance with and pursuant to the provisions of SB343 any public writing distributed by the City Clerk to at least a majority of the City Council Members regarding any item on this special meeting agenda will be available on the City’s website.
STATEMENT REGARDING DECORUM AT CITY COUNCIL MEETINGS
If you wish to speak at the time set aside for public comments, the City Council has established the following standards and Rules of Decorum as allowed by State law. • Public comments are limited to those portions of the meeting referred to as Public Comments. These portions are intended for members of the public to address the City Council, Successor Agency, Housing Assistance Agency or Water Authority on matters related to agendas or any other items under the subject matter jurisdiction of the City Council or Agencies. Please fill out the desired color-coded card prior to the start of the meeting at 6:00 p.m. Once the meeting has begun, no further cards will be accepted. • A yellow Public Hearing Comment Request card must be completed to speak during a Public Hearing.
• A green Public Comment Request – Card is for those wishing to address the Council/Agency on agenda items or any other items under the subject jurisdiction of the City Council/Agency.
• Citizens may address the Council, Successor Agency or Housing Assistance Agency once for a maximum of three minutes. After each speaker returns to his/her seat, the Mayor shall determine the time and manner of response, but typically if answers are available, they will be given after all speakers have had an opportunity to address the City Council.
• Members of the audience are asked to refrain from clapping or otherwise speaking from their seats. Those not meeting the standards for decorum may be escorted from the meeting.
RULES OF DECORUM CAN BE FOUND IN THE PICO RIVERA MUNICIPAL CODE SECTION
2.08.050 AS ESTABLISHED BY ORDINANCE 783 ADOPTED ON AUGUST 20, 1990 AND AMENDED BY ORDINANCES 822 (SEPTEMBER 21, 1992) AND 1020 (MARCH 21, 2006).
To: Mayor and City Council
From: City Manager
Meeting Date: February 19, 2026
Subject: SMITH PARK AQUATIC CENTER RENOVATION PROJECT, CIP NO. 50043 – AWARD OF CONSTRUCTION CONTRACT
Recommendation:
1. Award a Construction Contract for a not-to-exceed amount of $32,357,000 to Swinerton Builders for the Smith Park Aquatic Center Renovation Project (Aquatic Project), and authorize the City Manager to execute the contract in a form approved by the City Attorney;
2. Amend the fiscal year (FY) 2025-26 Adopted Budget by transferring $400,000 from the Alebrije Dog Park project funding in the Capital Improvement Fund (CIP Fund) to the Aquatic Project;
3. Amend FY 2025-26 Adopted Budget by transferring $200,000 from the Teen Center Renovation project funding in the CIP Fund to the Aquatic Project;
4. Amend FY 2025-26 Adopted Budget by appropriating $2,114,885 from the Senate Bill 1 Fund balance to the Road Resurfacing Program – Overlay and Reconstruction 2025-27 project;
5. Amend FY 2025-26 Adopted Budget by transferring $2,114,885 from the CIP funding for the Road Resurfacing Program - Overlay and Reconstruction 2025-27 project to the Aquatic Project;
6. Amend FY 2025-26 Adopted Budget by transferring $545,875 from the General Fund Unassigned Fund Balance to the CIP Fund and then appropriating the same amount to the Aquatic Project; and
7. Amend FY 2025-26 Adopted Budget by transferring $4,000,000 from the Landscaping Assessment District (LAD) to the General Fund, and transferring the same amount from the General Fund to the CIP Fund, and then appropriating it to the Aquatic Project.
Back to Agenda Outline 1
CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF FEBRUARY 19, 2026 SMITH PARK AQUATIC CENTER RENOVATION PROJECT, CIP NO. 50043 – AWARD
OF CONSTRUCTION CONTRACT
Strategic Priority:
3 - Infrastructure - Plan, fund, build, and maintain reliable and cost-effective infrastructure that contributes to enhancing quality of life Strategy:
3.3 Complete construction of necessary infrastructure projects to implement master plans in a timely manner.
Fiscal Impact:
The FY 2025-26 Adopted Budget includes funding in the amount of $32,078,569 for the project. The sources of funding for the project are as follows:
Account No. Funding Source Amount
698.70.7300.54500.50043 Land Water Conservation Fund (LWCF) Federal Grant Funds (Fund 698) $ 6,000,000
699.70.7300.54500.50043
State of California Natural Resources Agency
Department of Parks and Recreation Grant
Funds (Fund 699)
$ 8,500,000
699.70.7305.54500.50043
State of California Natural Resources Agency
Department of Parks and Recreation Grant
Funds (Fund 699)
$ 1,000,000
699.70.7310.54500.50043
State of California Natural Resources Agency
Department of Parks and Recreation Grant
Funds (Fund 699)
$ 78,569
697.70.7300.54500.50043 Los Angeles County Local Grant (Fund 697) $10,000,000 400.70.7300.54500.50043 General Fund (Fund 400) $ 6,500,000 Total Project Budget $32,078,569
An estimated additional $7,260,760 is needed to cover the construction, construction contingency, construction management, inspection, and project administration of the Smith Park Aquatic Renovation Project to complete construction for the Project. The total project budget, including the recommended appropriation, will be $39,339,329.
CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF FEBRUARY 19, 2026 SMITH PARK AQUATIC CENTER RENOVATION PROJECT, CIP NO. 50043 – AWARD
OF CONSTRUCTION CONTRACT
Staff conducted a comprehensive review of available fund balances within the General Fund, Senate Bill 1 Fund, Lighting Assessment District Fund, and the Capital Improvement Project Fund to identify any resources available to support the proposed appropriations. Based on this analysis, staff develops the proposed funding appropriations outlined below:
Background:
The Smith Park Aquatic Center, located at the southeast corner of Rosemead Boulevard and Mines Avenue, has been closed to the public since the onset of the COVID-19 pandemic and remains closed indefinitely until it can return to acceptable operational levels. Originally built in 1982, the pool has significantly deteriorated and is no longer compliant with current code standards. The Project will replace the pool, pool-deck, and all associated equipment, which also includes a new pool equipment building, as well as a full remodel of the existing recreation facility.
Discussion:
On November 14, 2025, the Notice Inviting Bids was advertised in the Los Cerritos Newspaper and was posted on Planet Bids through the City’s website on November 6, 2025. On January 15, 2026, a total of three (3) bids were received via Planet Bids and publicly opened on the City’s approved electronic platform.
Recommendations GL Account # Amount
400.70.7300-54500-CIP.50068 (400,000)
400.70.7300-54500-CIP.50043 400,000
400.70.7300-54500-CIP.50100 (200,000)
400.70.7300-54500-CIP.50043 200,000
Appropriate $2,114,885 from the Senate Bill 1 Fund balance to the Road Resurfacing Program – Overlay and Reconstruction 2025- 27 project
202.70.7300-54500-CIP. 50134 2,114,885
400.70.7300-54500-CIP.50134 (2,114,885)
400.70.7300-54500-CIP.50043 2,114,885
100.98.9800-56900 545,875
400.00.0000-47900 (545,875)
400.70.7300-54500-CIP.50043 545,875
230.98.9800-56900 4,000,000
100.00.0000-47900 (4,000,000)
100.98.9800-56900 4,000,000
400.00.0000-47900 (4,000,000)
400.70.7300-54500-CIP.50043 4,000,000
Total Additional Funding for the Aquatic Project 7,260,760 Transfer $400,000 from the Alebrije Dog Park project funding in the CIP Fund to the Aquatic Project
Transfer $200,000 from the Teen Center Renovation project funding in the CIP Fund to the Aquatic Project
Transfer $2,114,885 from the CIP funding for the Road
Resurfacing Program - Overlay and Reconstruction 2025-27 project to the Aquatic Project
Transfer $4,000,000 from the LAD Fund to the General Fund, and transfer the same amount from the General Fund to the CIP Fund, and then appropriate it to the Project.
Transfer $545,875 from the General Fund Unassigned Fund Balance to the CIP Fund and appropriate $545,875 to the Aquatic Project
CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF FEBRUARY 19, 2026 SMITH PARK AQUATIC CENTER RENOVATION PROJECT, CIP NO. 50043 – AWARD
OF CONSTRUCTION CONTRACT
The following summarizes the bids received:
CONSTRUCTION COMPANY BID AMOUNT
1. Swinerton Builders $32,357,000
2. Penta Amoroso A Joint Venture $32,737,000
3. Bernards Bros., Inc. $33.870,000
Following a thorough review of the submitted proposals, staff identified Swinerton Builders as the lowest responsive and responsible bidder. Reference checks confirmed that the company has experience constructing projects of similar size and scope.
The anticipated project schedule is as follows:
• Award Construction …………..… February 2026
• Start Procurement March 2026
• Start Construction ………………. July 2026
• Complete Construction …………. July 2028
The total estimated project budget and estimated expenditures, upon the City Council’s approval of all the budget adjustments, are summarized as follows:
Expenditure Plan Amount
Design $ 3,319,800
Construction $32,357,000
Construction Management and Inspection $ 1,530,000
Pre-Engineered Building $ 594,000
Furniture $ 1,000,000
IT/Security $ 230,000
Project Administration $ 308,529
Total Estimated Project Cost: $39,339,329
Budget Estimated Budget
LWCF Federal Funds (Fund 698) $ 6,000,000
State of California Natural Resources Agency Department of Parks and Recreation Grant Funds (Fund 699)
$ 8,500,000
State of California Natural Resources Agency Department of Parks and Recreation Grant Funds (Fund 699)
$ 1,000,000
State of California Natural Resources Agency Department of Parks and Recreation Grant Funds (Fund 699)
$ 78,569
Los Angeles County Local Grant (Fund 697) $ 10,000,000
Capital Improvement Project Fund (Fund 400) $ 13,760,760 Total Project Budget: $39,339,329
CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF FEBRUARY 19, 2026 SMITH PARK AQUATIC CENTER RENOVATION PROJECT, CIP NO. 50043 – AWARD
OF CONSTRUCTION CONTRACT
Should additional costs arise during construction, those costs will be requested for additional appropriations at a future Council Meeting.
Conclusion:
Staff recommend awarding a construction contract to Swinerton Builders in an amount not-to-exceed $32,357,000. Staff further recommend amending the FY 2025-26 Adopted Budget to incorporate the necessary budget adjustments to allocate an additional $7,260,760 to the Aquatic Project, as detailed on page 3. With these adjustments, the total project budget would be $39,339,329, which is required to complete the Aquatic Project.
Steve Carmona
SC:NN:KG:np
Enclosure: 1) Construction Contract Agreement
CITY OF PICO RIVERA CONTRACT FOR
SMITH PARK COMMUNITY & AQUATIC CENTER
CIP PROJECT NO. 50043
THIS CONTRACT (“Contract”) is made and entered this 19th day of February, 2026 (“Effective Date”), by and between the CITY OF PICO RIVERA, a California municipal corporation (“City”) and Swinerton Builders, a California corporation (“Contractor”). The Contractor’s California State Contractor’s license number is 92.
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid Proposal (including documentation accompanying the Bid Proposal and any post-Bid Proposal documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. In the event there is a conflict between the terms of the Contract Documents, the more specific or stringent provision shall govern. City shall decide which option is the more specific or stringent provision. The Contract Documents are attached hereto and incorporated herein by reference.
2. Scope of Services. The Contractor shall perform and provide all materials, tools, equipment, labor, and services necessary to complete the Work in a good and workmanlike manner for the project identified as SMITH PARK COMMUNITY & AQUATIC CENTER, CIP PROJECT NO. 50043 (“Project”), as described in the Contract Documents.
3. Compensation.
3.1 Contract Price and Basis for Payment. In consideration for the Contractor’s full, complete, and timely performance of the Work required by the Contract Documents, the City shall pay the Contractor for the actual quantity of Work required under the Bid Items awarded by the City performed in accordance with the lump sum prices and unit prices for Bid Items, set forth in the Bidder’s Bid Schedule submitted with the Bid Proposal. The sum of the unit prices and lump sum prices for the Bid Items, awarded by the City is Thirty Two Million Three Hundred Fifty Seven Thousand, ($32,357,000.00) (“Contract Price”). It is understood and agreed that the quantities set forth in the Bidder’s Proposal for which unit prices are fixed are estimates only and that the City will pay and the Contractor will accept, as full payment for these items of work, the unit prices set forth in the Bidder’s Proposal multiplied by the actual number of units performed, constructed, or completed as directed by the Engineer.
3.2 Payment Procedures. Based upon applications for payment submitted by the Contractor to the City, the City shall make payments to the Contractor in accordance with Section 7 of the Standard Specifications, as modified by Section 7 of the General Provisions.
Enclosure 1
Back to Agenda Outline 1a
Construction Contract
SWINERTON BUILDERS
3.3 Substitution of Securities. Pursuant to Public Contracts Code Sec. 22300 Contractor shall be allowed to substitute securities for any moneys withheld by the City to ensure performance under a contract, unless, federal regulations or policies, or both, do not allow the substitution of securities. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in this state as the escrow agent, who shall then pay those moneys to the Contractor. Upon satisfactory completion of the contract, the securities shall be returned to the contractor.
4. Contract Time. The Contract Time shall commence on the date indicated on the City’s written Notice to Proceed. The Notice to Proceed shall provided the Contractor forty (40) working days prior to the commencement of construction work to complete the preconstruction requirements. The Notice to Proceed shall also provide the Contractor three hundred and sixty (360) working days to diligently prosecute all Contract construction work, including corrective items of Work to completion and excluding the sixty (60) working day landscape/irrigation site maintenance period. The City reserves the right as to when to issue the Notice to Proceed.
5. Liquidated Damages for Delay and Control of Work.
5.1 Liquidated Damages. The Contractor and the City have agreed to liquidate damages pursuant to Section 6-9 of the General Provisions of these Contract Specifications.
6. Additional Federal Requirements.
6.1 Payment of Prevailing Wages on Public Works Projects. In accordance with Labor Code Section 1770 et seq., the Project is a “public work.” The selected Bidder (Contractor) and any Subcontractors shall pay wages in accordance with the prevailing hourly rates determined by the United States Department of Labor Wage and Hour Division (DOL/WHD) of the or the general prevailing wage determinations by the State of California Department of Industrial Relations (CA DIR) whichever is higher. Copies of those rates are on file with the Director of Public Works and are available to any interested party upon request. The Contractor shall post a copy of the DOL/WHD and CA DIR’s prevailing wage rate determination of the prevailing rate of per diem wages at each job site. This Project is subject to compliance monitoring and enforcement by the DOL/WHD and CA DIR.
6.2 Build America, Buy America Requirements. Build America, Buy America (BABA) Act requirements under Title IX of the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. 177-58 to this project. Absent an approved waiver, all steel and iron, manufactured products, and construction materials permanently incorporated into the project must be produced in the United States, as further outlined by the Office of Management and Budget’s Memorandum M-22-11, Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure, April 18,2022 or May 14, 2022.
Construction Contract
SWINERTON BUILDERS
7. Work After Stop Work Notice. Any work completed by the Contractor after the issuance of a Stop Work Notice by the City shall be rejected and/or removed and replaced as specified in the applicable Section of the Special Provisions.
8. Antitrust Claims. In entering into this Contract, the Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec.§ 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the parties.
9. Prevailing Wages. The City and the Contractor acknowledge that the Project is a public works project to which prevailing wages apply.
10. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”
11. Miscellaneous Statutory Requirements.
11.1 Contractor License. Contractor shall possess a valid California contractor’s license type for the performance of the Project.
11.2 Ineligible Contractor Prohibited. Any contractor or subcontractor who is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code is prohibited from performing work under this Contract.
11.3 Compliance with SB 854 Registration. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No prime contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. No prime contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The Contractor will be required to post job site notices as described in 8 California Code of Regulation section 16451(d).
Construction Contract
SWINERTON BUILDERS
11.4 Trenches, Excavations and Unknown Conditions. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Contract requires excavations more than four (4) feet in depth, the following shall apply. (a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site different from those indicated; or (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. (b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 7-4 of the General Provisions. (c) That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties.
11.5 Trench and Pipeline Safety. If this Contract is for more than $25,000 and involves excavation of any trench five feet or more in depth, the Contractor shall submit a detailed plan of shoring, bracing, sloping or other provisions to be made for worker protection in accordance with Labor Code Section 6705. Such plan shall be approved by a qualified representative of the City.
11.6 Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contractor for any costs incurred in locating, repairing damage not caused by Contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.
11.7 Third Party Claims Notification. The City shall timely notify the Contractor in writing of any third-party claims relating to the contract.
11.8 Unfair Business Practices Claims. The Contractor or subcontractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Construction Contract
SWINERTON BUILDERS
Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment by the parties (Section 7103.5, California Public Contract Code.).
11.9 Day’s Work. Contractor acknowledges that under California Labor Code sections 1810 and following, eight (8) hours of labor constitutes a legal day’s work.
Contractor will forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code Section 1810 (Labor Code § 1813).
11.10 Hazardous Materials and Unknown Conditions. Contractor shall notify City in writing of the discovery of any of the following conditions, without disturbing the condition, as soon as Contractor, or any of Contractor’s subcontractors, agents or employees have knowledge and reporting is possible:
(1) The presence of any material that the Contractor believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code; (2) Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or,
(3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of this character provided for in this Contract.
Pending a determination by City of appropriate action to be taken, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person.
City shall promptly investigate the reported conditions. If City, through its Director of Community Development and Public Works, or her designee, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the work, then City shall issue a change order.
In the event of a dispute between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the Contract. Contractor shall retain any and all rights which pertain to the resolution of disputes and protests between the parties.
Construction Contract
SWINERTON BUILDERS
11.11 Payroll Records. Contractor shall maintain the certified payroll records required by Labor Codes Sec. 1776 and shall report such records directly to the California Labor Commissioner as required by Labor Code Sec. 1771.4. Contractor and any subcontractor shall (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. The Contractor shall inform the City of the location of the records enumerated under Labor Code Sec. 1776, including the street address, city, and county, and shall, within five (5) working days, provide a notice of a change of location and address. The Contractor has ten days in which to comply subsequent to receipt of a written notice requesting these records, or as a penalty to the City, the Contractor shall forfeit $100.00 for each Day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due.
11.12 Employment of Apprentices. Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered apprentices in the execution of the Contract. Contractor is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice’s work for every five hours of labor performed by a journeyman (unless an exception is granted under §1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations.
11.13 Records and Inspection. Contractor 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.
11.14 Ownership of Intellectual Property. All reports, documents or other written material (“written products”) developed by Contractor 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. Contractor 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 Contractor. If any state, federal, or local law requires mandatory copyright protection for Contractor’s work product, City shall comply with such laws to the extent feasible.
Construction Contract
SWINERTON BUILDERS
11.15 Urban Runoff. Contractor shall implement and maintain activity specific Best Management Practices (BMPs) to prevent pollutant loading from stormwater and non-stormwater discharges to receiving waters as required in Municipal NPDES Permit No. CAS004004. Contracting staff whose primary job duties are related to implementation of BMPs shall be adequately trained to effectively implement, operate, and maintain such BMPs and must be versed in factors affecting BMP effectiveness. Contractor shall certify they have received all applicable training to implement the requirements in Municipal NPDES Permit No. CAS004004 and shall provide documentation to that effect.
12. Termination.
12.1 Termination for Convenience. The City may terminate this contract, in whole or in part, with 30 days written notice to the Contractor when it is in the City’s best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to City to be paid the Contractor. If the Contractor has any property in its possession belonging to the City, the Contractor will account for the same, and dispose of it in the manner the City directs. The Contractor may terminate this Contract, in whole, with 90 days written notice to the City.
12.2 Termination for Default. If at any time the Contractor is determined to be in material breach of the Contract, a Notice of Potential Breach of Contract shall be prepared by the City and will be served upon the Contractor and its sureties. If the Contractor continues to neglect or refuses to comply with the Contract or with the Notice of Potential Breach of Contract to the satisfaction of the City within the time specified in such Notice, the City shall have the authority to terminate the Contract for this Project.
12.3 Waiver of Remedies for any Breach. In the event that City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by City shall not limit City’s remedies for any succeeding breach of that or of any other term, covenant, or condition of the Contract.
13. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.
14. Authority. Any person executing this Contract on behalf of the Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of the Contractor and has the authority to bind the Contractor to the performance of its obligations hereunder.
15. Entire Contract. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated Contract between the City and the Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified Construction Contract
SWINERTON BUILDERS
or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.
16. Attorney’s Fees and Costs. If either party to this Contract is required to initiate or defend or made a party to any action or proceeding in any way connected with this Contract, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
17. Independent Contractor. The Contractor is and shall at all times remain as to the City, a wholly independent contractor. Neither the City, nor any of its officers, employees or agents shall have control over the conduct of the Contractor or any of the Contractors’ officers, employees or agents, except as herein set forth. The Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City, nor shall City officers, employees or agents be deemed the officers, employees, or agents of Contractor as a result of this Contract. The Parties further acknowledge the following: (i) that Contractor shall provide the services outlined in the Scope of Services directly to City; (ii) Contractor maintains a business location at the address listed under Section 19 that is separate and distinct from the City; (iii) Contractor contracts with other businesses to provide the same or similar services and maintains a clientele without restriction from the City; (iv) Contractor advertises and holds itself out to the public as available to provide the same or similar services; (v) unless otherwise specified in this Contract, Contractor provides its own tools, vehicles, and equipment necessary for performing the Scope of Services; (vi) Contractor has proposed and negotiated its own rates; and (vii) consistent with the nature and demands of the project and the City’s business hours and City staff availability, Contractor may set its own hours and location of work.
18. Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the U.S. Mail, prepaid, first-class mail, return receipt requested, addressed as follows:
To City: City of Pico Rivera
Attention: Noe Negrete, Director of Public Works
6615 Passons Boulevard
Pico Rivera, California 90660
Construction Contract
SWINERTON BUILDERS
To Contractor: Swinerton Builders
Attention: Besim Fejzagic, Director of Public/Civic
200 N Main Street
Santa Ana, California 92701
19. Prohibition Against Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Contract. Neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Contract shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
20. Indemnification. To the fullest extent permitted by law, Contractor shall indemnify and save harmless the City of Pico Rivera, its officers, officials, employees, agents, attorneys, and volunteers from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees and costs, arising out of or resulting from the performance of the Work under this Contract, but only to the extent caused by the negligent acts or omissions, recklessness, or willful misconduct of Contractor, its officers, employees, agents, subcontractors, or anyone directly or indirectly employed by them or for whose acts they may be liable. This indemnification obligation includes, but is not limited to, claims for bodily injury, personal injury, illness, disease, death, property damage, loss of use, or violation of applicable federal, state, or local laws, regulations, or ordinances, arising out of or in any manner connected with the performance of the Work. Nothing in this Contract shall be construed to require Contractor to indemnify, defend, or hold harmless the City for the City’s sole negligence, active negligence, or willful misconduct. This indemnification obligation shall apply only to the extent permitted by California law. The provisions of this section shall survive completion of the Work and termination or expiration of this Contract.
21. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. [Signatures on following page]
Construction Contract
SWINERTON BUILDERS
IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first above written.
By:
Steve Carmona, City Manager
ATTEST: APPROVED AS TO FORM:
By: By:
Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney
CONTRACTOR
Dated: Swinerton Builders
(“CONTRACTOR”)
By:
SIGNATURE
PRINTED NAME
TITLE
PROOF OF AUTHORITY TO BIND
CONTRACTING PARTY REQUIRED