Rancho Mirage City Council
July 18, 2024

STAFF REPORT
TO: Mayor and City Council
FROM: Kofi Antobam, Director of Administrative Services SUBJECT: Approval of FY 2024-2025 Contracts

SPECIFIC REQUEST OR RECOMMENDATION
DATE: July 18, 2024
That the City Council approve the terms of the contracts, as set forth in Attachment 1, and authorize the City Manager to execute the subject contracts.

JUSTIFICATION OR INFORMATION

BACKGROUND
Attached hereto is a contracts list that staff is requesting the City Council approve.

These are contracts for Fiscal Year 2024-2025 for services for which costs and terms were negotiated (Attachment 1 ).

ATTACHMENT($)

1.July 18, 2024, FY 2024-2025 Contracts List
AGENDA ITEM#
8-1

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8-2

CITY OF RAN CHO MIRAGE:

CONTRACT SUMMARY
FROM:

DATE:

Gabe Codding, Director of Marketing
July 18, 2024
SUBJECT: The Desert Jazz Festival
Background:

The Westin Rancho Mirage Golf Resort and Spa will again be the host of The Desert Jazz Festival on October 3rd -6th , 2024 . This festival started in 2023 and is an exclusive event where patrons stay on property and experience seven concerts and specially curated events with their favorite attending jazz musicians.

The City of Rancho Mirage has been approached for sponsorship of the 2024 festival.

The Westin Rancho Mirage leadership team have been very positive on this event and the ongoing potential it has to be a significant business driver in the shoulder month of October each year. The Westin Rancho Mirage is a significant contributor to Transient Occupancy Tax (TOT) each year and is grateful of the consideration to partner with The Desert Jazz Festival.

Staff is recommending the $10,000 Silver Sponsorship for the 2024 Desert Jazz Festival in the ongoing efforts to support Rancho Mirage based resorts in creating unique experiences aimed to drive tourism and resort occupancy.

Fiscal Impact:

The $10,000 total is budgeted for FY 24/25
8-3

Jonathan Butler Ray Parker Jr.

KirkWhalum Alonzo Bodden

EST IVAL
• Curated Activities such as Bourbon & Cigars Under the Stars, Artist Golf Event, Casino and Shopping Excursions and More! • Welcome Reception
• Specialty Crafted Dining
• Exclusive Resort Benefits
1 ,-. -LUXURY ACCOMMODATIONS
• The Westin Rancho Mirage Golf Resort & Spa Located
in the Beautiful Coachella Valley
• Spacious Rooms with Stunning Mountains and Desert Views • A Championship 18-Hole Golf Course
• Pool With Dual Waterslides and Poolside Cabanas
• Lighted Tennis & Pickleball Courts
• A Full-Service Spa and Salon
• An Array of On-site Food & Beverage Options
A unique opportunity to both experience and interact
with your favorite artists
Camen0m Sm ith
EDtertainment Concieirge

SCAN QR CODE FOR

DETAILS
C!l .. ~~l!l
8-4

7 Ae-I)eserr
I ,;;: zz

ESTIVAL

SPONSORSHIP ENGAGEMENT
2024
Sponsorship Levels Gold Silver
$15,000 $10,000
Logo displayed on staging & main shows X X
Recognition on property signage X X
Recognition in DJF advertising X X
Recognition in DJF & Featured Artists X X
social media
Recognition on DJF website X X
Bourbon & Wine Tasting Events • X X
VIP Seating -Saturday night X X
Meet & Greet with artists Friday X X
Meet & Greet with artists Friday X
Purchase early by December 1, 2022 X
Dedicated Sponsor Gospel Hour X
Activity Sponsor; golf, football watch or X X
pickleball clinic
Gift Sponsor recognition on guest gift X
Bronze* Supporter
$5,000 $2,500
X
X
X
X
X X
X X
X
*Bourbon & Wine Event Sponsorship are available as stand -alone opportunities for suppliers and distributors provided, they also supply complimentary product the exact quantity to be mutually determined .

HIGH VALUE IMPRESSIONS & REACH
COMBINED SOCIAL MEDIA IMPRESSIONS-5 MILLION+ (INST AGRAM, FACEBOOK, TIK TOK)

DEMOGRAPHIC-UPSCALE CONSUMER WHO APPRECIATE MUSIC, FOOD, SELECT WINE & SPIRITS.

Sponsorship contact-Levin@prom i nentglobal.com
Daniel Levin 310-220-9990
8-5

CITY OF~ MIRAG~
~ 21

CONTRACT SUMMARY
TO: Mayor and City Council DATE: July 18, 2024
FROM: Ryan Stendell, Public Works Director
SUBJECT: Contract Award for Citywide Rubberized Emulsion Aggregate Slurry (REAS) Project, CP 24-395

SPECIFIC REQUEST OR RECOMMENDATION
That the City Council award a contract to Petrochem Materials Innovation , LLC (PMI) for Citywide Rubberized Emulsion Aggregate Slurry (REAS) in the amount of $1,254,830 .73 with no contingency.

JUSTIFICATION OR INFORMATION
BACKGROUND:

Rubberized Emulsion Aggregate Slurry ("REAS") is the primary pavement maintenance surface treatment Public Works uses to preserve the City's public streets . REAS has been the material of choice for the City's slurry seal projects for the past eleven years because of its superior quality. The rubberized slurry includes a high content of recycled tire rubber, which gives the roadway a smoother and quieter ride, lasts longer than the standard slurry, and remains black longer.

DISCUSSION:

The City uses a routine slurry schedule to cycle through the REAS resurfacing all public streets in the City limits. The schedule for this year includes a complete refresh of Country Club Drive (east of Morningside Dr.) and public residential roads that are within its vicinity.

The bid to perform the REAS resurfacing for the City's roadways is based on the City of Los Angeles "piggyback" bid price. The cost for all streets identified in Table 1 is $1,254,830.73 which includes sweeping, placing traffic control, application of the REAS, cleanup and restriping for a period of 15-20 working days in October. Additional Class 2 striped bike lanes will also be added where sufficient roadway width exists. The Contractor will be responsible for notifying adjacent property owners prior to start of work.

AGENDA ITEM#
8-6

DATE: July 18, 2024 Page 2 of 2
Contract Award to PMI for Citywide REAS
JUSTIFICATION OR INFORMATION CONTINUED:

This will be the standard "piggyback" contract the City has entered with PMI since 2012, whereby the City is able to take advantage of the reduced pricing through the multi -year pricing structure between PMI and the City of Los Angeles. This process was outlined in City Ordinance No. 1083 which allows shared-agency purchases in place of project-specific bidding (a process known as piggybacking).

The Contractor has requested to work weekends, including Saturdays and Sundays. Staff recommends allowing weekend work to minimize the traffic impacts on residents, accelerate the project timeline, and reduce costs, as was done in years past.

FISCAL IMPACT:

The total project cost for all streets identified in Table 1 is $1,254,830.73, with no contingency.

The project was budgeted in Fiscal Year 2024/2025 Measure A & Gas Tax Funds; no budget adjustment is required.

ATTACHMENT(S):

1. Table 1 -PROJECT Map

2. Contractor's Cost Estimate

3. City of Los Angeles -Piggyback Contract
AGENDA ITEM#
8-7

ATTACHMENT 1
Table 1 -Project Map
8-8

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ATTACHMENT 2
Contractor's Cost Estimate
8-10

Quote no:
24-34
*Material
Materia l
*Freight
App licator Trucks
Tanker Rental
Type I REAS
Type II REAS
($.40 per GAL)
Service Haul Trucks
Swervice Haul Truck-Water Truck
Slurry Box
Slurry Pump

PETROCHEM MATERIALS INNOVATION, LLC
PMITECHNOLOGY.COM
760 -603 -0961
City of Rancho Mirage
Summary of Estimate Charges
Central Mix REAS Type I & II
QTY U/M Unit Price
52,823 GAL $2 .89
101,644 GAL $2 .52
154,467 GAL $0.40
360 HR $285 .00
53 LOAD $300.00
90 EA $350 .00
15 EA $350 .00
15 EA $350 .00
15 EA $650.00
Sevice Labor Crew PP/HR(post notify, manholes ,TC,Drivers Pumper,Operator, Squeegees) 1640 HR $120.00 Per Diem =(per day/ per person) 204 DAY $253 .00
Supervisor 15 DAY $2 ,000 .00
Traffic Control equipment 15 DAY $2,000.00
Door Hanger 1 LS $600.00
Sweeping 160 HR $306 .00
TC Plans 10 EA $200 .00
CMS Boards 48 EA $225.00
Arrow Boards 18 EA $225 .00
Striping -Chrisp Co . 1 LS $189 ,200.00
Project Bonds 1 LS $13 ,500 .00
Total
$152 ,658.47 1
$256 ,142 .88
$61 ,786 .80
$102 ,600 .00
$15 ,900 .00
$31 ,500 .00
$5 ,250 .00
$5,250 .00
$9,750 .00
$196,800 .00
$51 ,612 .00
$30,000.00
$30 ,000 .00
$600 .00
$48,960 .00
$2 ,000 .00
$10 ,800 .00
$4 ,050.00
$189,200.00
$13 ,500 .00
Subtotal: $1,218,360.15
Sales Tax* 7.75% $36,470 .58
Total Estimated Charges ( Included sales Tax) $1,254,830.73 Prices Includes: Type I & Type II Central Mix REAS , transportation of material, Traffic Control, Traffic Plans on Arterial streets, CMS boards, Arrow boards, po sting and notifying, sweeping, striping, thermoplastic markings , RPMS , equipment, and labor for application of approximately 154,467 gallons of Central Mix REAS
Prices Excludes : Crack sealing, asphalt repairs , weed kill and traffic plans for residential streets
The foregoing quotation is subject to all the Terms and conditions and pricing are in accordance with the County of Los Angeles Contract No. 244097-1 dated January 9, 2024.

Name : Vicki N q uve n Signature: __ \;;;......,__.....,./?,-----___ -__ Date : _ _,G"""'"/4 ........ 1'""'"2"""'0 ..... 24_.___ 7" b

CONTAACTOA # 991274 6168 INNOVATION WAY, CARLSBAD, CA 92009 8-11

ATTACHMENT 3
City of Los Angeles -Piggyback Contract
8-12

City of Los Angeles Purchasing Agent
111 E 1ST STREET
ROOM 110
LOS ANGELES CA 90012

CITY OF LOS ANGELES

ANNUAL REQUIREMENTS CONTRACT
Contract Number Description RFQ Number
ARC 40 240000000060 2 Slurry-Premix REAS, and Rental Equip. RFB 40 240000910033 Contract Dates Payment Terms Delivery Days ARO
03-01-24 to 02-28-27 1% Net 28 1
Central Purchasing Vendor Bill To
Contact: Martha Medina 000034616 City of Los Angeles
Phone: (213) 928-9536 PETROCHEM MATERIALS Supply Svcs., Accounts Payable E-mail: Martha .Med [email protected] INNOVATION, LLC 555 Ramirez St., Space 312 6168 INNOVATION WAY Los Angeles CA 90012
CARLSBAD, CA 92009
Extended Description
Requirements Contract for: Slurry, Rubberized Emulsion-Aggregate Slurry, R.E.A.S and Rentals You are hereby notified of the award of this contract with the City of Los Angeles in accordance with RFQ Number 240000910033, to furnish the City's annual requirements for the items and/or services identified in this document. The entire RFB (including Attachment A and specifications) or any items thereof, addendums, and general conditions comprise the contract. The Quotation document signed by the appropriate contractor and by duly authorized City officials is on file in the Purchasing Agent's office.

Reason for Modification
jAdmin change to correct input typo errors. -MM
Renewal Period Options
Option
1 2
3 4
5 6
7 Line Items
Line Commodity Code
1 30121601
Effective Date
03-01-27
03-01-28
03-01-29
03-01-30
03-01-31
03-01-32
03-01-33
CL Description
Premixed, Rubberized Emulsion
Aggregate Slurry (REAS) Type I
Expiration Date
02-29-28
02-28-29
02-28-30
02-28-31
02-29-32
02-28-33
02-28-34
UOM Unit Price Markdown% Markup%
GLL $2.8900
Extended Description: Rubberized Emulsion-Aggregate Slurry (REAS) sha ll be a stab le mixture of Rubberized Polymer Modified Emulsion (RPME), aggregate, water, and Portland cement in accordance with SSPWC section 203-5.1, and shall meet all requirements stated in SSPWC section 203-5. RPME shall conform to SSPWC section 203-3.4.4 and SSPWC Table 203-3.4.4.2.

REAS shall be mixed at a central mixing plant and transported to the work site in accordance with SSPWC sections 203-5.3 and 203-5.4.

REAS shall be spread and applied in accordance with SSPWC section 302-4.

REAS may be Type Fine, Type I, Type 11 , or Type Ill in accordance with SSPWC section 203-5.2 .1.

ARC 40 240000000060 2 Page 1 8-13

Line Commodity Code
2 30121601
CL Description
Premixed, Rubberized Emulsion
Aggregate Slurry(REAS) Type II
UOM
GLL
Unit Price Markdown% Markup%
$2 .5200
Extended Description: AsphaltRubberized Emulsion -Aggregate Slurry (REAS) shall be a stable mixture of Rubberized 3 30121601
Polymer Modified Emulsion (RPME), aggregate , water, and Portland cement in accordance with SSPWC section 203-5.1, and shall meet all requirements stated in SSPWC section 203-5. RPME shall conform to SSPWC section 203-3.4.4 and SSPWC Table 203-3.4.4.2 .

REAS shall be mixed at a central mixing plant and transported to the work site in accordance with SSPWC sections 203-5 .3 and 203-5.4.

REAS shall be spread and applied in accordance with SSPWC section 302-4.

REAS may be Type Fine, Type I, Type 11 , or Type Ill in accordance with SSPWC section 203-5.2 .1.

Premixed , Rubberized Emulsion GLL $2.5200
Aggregate Slurry REAS Type Ill
Extended Description: Rubberized Emulsion-Aggregate Slurry (REAS) shall be a stable mixture of Rubberized Polymer Modified Emulsion (RPME), aggregate, water , and Portland cement in accordance with SSPWC section 203-5 .1, and shall meet all requirements stated in SSPWC section 203-5. RPME shall conform to SSPWC section 203-3.4.4 and SSPWC Table 203-3.4.4.2. 4 301216
REAS shall be mixed at a central mixing plant and transported to the work site in accordance with SSPWC sections 203-5.3 and 203-5.4 .

REAS shall be spread and applied in accordance with SSPWC section 302-4.

REAS may be Type Fine, Type I, Type 11 , or Type Ill in accordance with SSPWC section 203-5.2 .1.

Service, Regular-time Labor, apply HUR $120.0000
central mixed slurry
Extended Description: Service, Labor, Regular Rate, for application of central mixed slurry .

LABOR:

Labor for work performed in accordance with the RFQ/RFB/Contract specifications and requirements attached .

Regular rate : per hour
Labor rates shall be subject to change in accordance with the applicable prevailing wage, living wage, or minimum wage, and upon supplier's written notification to the Purchasing Agent. 5 301216 Service, Overtime, Labor rate , apply HUR $173 .0000 central mixed slurry
Extended Description: Service, Labor, Regular Rate, for application of central mixed slurry.

Labor for work performed in accordance with the RFQ/Contract specifications and requirements attached .

LABOR:

Labor for work performed in accordance with the RFQ/RFB/Contract specifications and requirements attached.

Overtime rate : per hour
Labor rates shall be subject to change in accordance with the applicable prevailing wage , living wage, or minimum wage, and upon supplier's written notification to the Purchasing Agent. 6 721417 Rental, Service , Haul Truck (Bare) DAY $350 .0000 Extended Description: Rental , Service, Haul Truck (Bare) Daily $ Rate per day
State Minimum Rental time : 1 day
State number of Units are available : 10
ARC 40 240000000060 2 Page 2 8-14

Line Commodity Code CL Description UOM Unit Price Markdown% Markup% 7 721417 Rental, Service, Reg Hour Application HOUR $285 .0000 Truck (Bare) in City
Extended Description: CONSTRUCTION MACHINERY & EQUIPMENT RENTAL :

Rental application Truck : $ per hour
State minimum rental hours : 4 hours
State number of units available : 22
8 721417 Rental, Service.Overtime, Application HOUR $285.0000 Truck(Bare) in City.

Extended Description: CONSTRUCTION MACHINERY AND EQUIPMENT RENTAL :

Rental application Truck:

State minimum rental hours : 4 hours
State number of units available: 22
9 721417 Job Tanker, delivery Premix "REAS" EA $700 .0000 Trailer Mount 4000 gallon
Extended Description: Job Tankers for delivery of Premix REOS in Trailer Mounted 4,000 gallon Tank to locations within the City of Los Angeles
10 721417 Rental, Service Delivery, Tanker, Bare EA $300.0000 ea load ,
Extended Description: CONSTRUCTION MACHINERY AND EQUIPMENT RENTAL:

Rental, Service, for Delivery, Bare Tanker, each lo ad . For Delivery of Premix, REAS in Trailer mounted 4,000 gallon tanks to any location with the City of Los Angeles Number of Units Available: 40 units
11 721417 Rental, Service, Slurry Box DAY $350.0000
Extended Description: CONSTRUCTION MACHINERY AND EQUIPMENT RENTAL:

Rental, Service, Slurry Box
DAILY RENTAL RATES : Daily Rental Rates/day
Minimum Rental Time : 1 day
Number of Units Available : 6 units
12 721417 Rental, Service, Specialized Slurry DAY $650 .0000 Pump Rental
Extended Description: CONSTRUCTION MACHINERY AND EQUIPMENT RENTAL:

Rental, Serv ice , Specialized Slurry Pump, capab le of 250 gallons Centraliz Mix Slurry per minute.

Daily Rental Rates: per day
13 46161500
Minimum Rental Time: 1 day
Number of Units Available : 11 units
Traffic, Hangtag Drknob Notices of
Affected Traffic Disrupts
EA
Extended Description: Traffic control : Hangtag Notices Hangtag Doorknob Notices of Affected Traffic Disruptions Price $/Hangtag Notice
Minimum Hangtag per job : 2,000
$0.3000
ARC 40 240000000060 2 Page 3 8-15

Line Commodity Code
14 46161500
CL Description UOM
Traffic Control ,furnish, Place/Maintain DAY
Traffic Signage,
Unit Price Markdown% Markup%
$2,000 .0000
Extended Description: Traffic Control, to furnish, place, and maintain traffic signage . Excluding electronic, only of affected areas. No labor involved.

Daily : $2,000.00
15 721116 Plant Opening EA $2,500 .0000
Extended Description: Plant openings:

Saturday, Sunday and Holidays
16 721417 Rental, Service, Sweeper, Mobile Unit, HOUR $306 .0000 Regular Rate/hour
*** THIS LINE IS NOT ACTIVE ***
Extended Description: CONSTRUCTION MACHINERY AND EQUIPMENT RENTAL:

Rental, Service, Sweeper, Mobile Units
To be used "only" should the City Sweepers not show up.

HOURLY RENTAL RATES :

Regular time /Hourly : $/rate
State minimum rental time: 8 Hours
17 721417 Rental, Services , Sweeper, Mobile HOUR $408.0000 Unit. OT & Holiday Rate
*** THIS LINE IS NOT ACTIVE***
Extended Description: CONSTRUCTION MACHINERY AND EQUIPMENT RENTAL OR LEASING SERVICES Rental, Service, sweeper, Mobil Units. To be be used "only" should the City Sweepers not show up .

Overtime & Holiday rate : $/hour
Minimum rental time: 8 hours
18 721417 Rental , Service, Sweeper, Mobile Unit , HOUR $306.0000 Regular Rate/hour
Extended Description: CONSTRUCTION MACHINERY AND EQUIPMENT RENTAL:

Rental, Service, Sweeper , Mobile Units
To be used "only" should the City Sweepers not show up.

HOURLY RENTAL RATES :

Regular time /Hourly : $/rate
State minimum rental time: 8 Hours
19 721417 Rental, Services, Sweeper, Mobile HOUR $408.0000 Unit. OT & Holiday Rate
Extended Description: CONSTRUCTION MACHINERY AND EQUIPMENT RENTAL OR LEASING SERVICES Rental, Service, sweeper, Mobil Units. To be be used "only" should the City Sweepers not show up.

Overtime & Holiday rate : $/hour
Minimum rental time : 8 hours
Authorized By
ARC 40 240000000060 2 Page 4 8-16

Annual Requirements Contract Clauses, Terms, and Conditions Line Item Provisions
Clauses and Comments on PDF
Document Provisions
Attachment A on PDF
Supporting Documents
Section intentionally left blank.

ARC 40 240000000060 2 Page 5 8-17

Document Phase Document Description
240000000060 Final Slurry-Premix REAS, and Rental Equip .

Procurement Analyst: Martha Medina
E-mail address: Martha [email protected]
Phone Number: 213 -928-9536
Fax Number: 213 -928 -9511
Requirements Contract for: **Slurry , Pre-Mix R. E. A. S. ** Award No. 24000000080

Tota l Pages: 25
Payment Terms: Net 30 days Delivery: 1 Days ARO RFQ No .: 240000910033 Previous ARC : 59680 You are hereby notified of the award of this contract with the City of Los Angeles in accordance with RFQ 240000910033, to furnish the City's annual requirements for the items and/or services identified in this document. The entire RFQ (including Attachment A and specifications) or any items thereof, addendums, and general conditions comprise the contract. The Quotation document signed by the appropriate contractor and by duly authorized City officials is on file in the Purchasing Agent's office.

NOTE : SALES TAX WILL BE ADDED AT TIME OF ORDER.

The following listed item(s) cover the only product(s) or service(s) approved for purchase under this contract. Products or services requested by the City and not listed in the contract require a separate City Purchase Order in order for the supplier to receive payment.

SUPPLIER CONT ACT:

Contact Person: Frank B . Hoffman
Title: C. F. 0 .

Telephone No.: 760-603-0961
Fax No.: 760-603-0962
E-Mail Address: [email protected]
24 Hour Contact No .: 760-271-0197
CONTRACT PURCHASE ORDERS:

Contract Purchase Orders will be issued during the contract period for materials or services as required .

Supplier shall deliver no goods or services until a City department issues a Contract Purchase Order.

APPROVED CONTRACT ITEM PURCHASES:

The listed items cover the only products approved for purchase under this contract.

The City of Los Angeles will not pay any invoice covering the delivery of any merchandise that is not explicitly authorized by this contract. Any products requested by the City not listed in the contract require a separate City Purchase Order in order for the supplier to receive payment.

RENEW AL OPTION:

The City reserves the right to renew this contract for seven additional one (1) year period(s). All renewals shall be on an annual basis and under the same terms and conditions of the original contract.

ANNUAL PRICE ADJUSTMENT FOR LONG TERM FIXED PRICE CONTRACTS:

Unit Prices for each line item shall be fixed for one year from the contract start date . On contract anniversaries and renewals, unit prices may be adjusted for the next year in accordance with manufacturer's published price adjustments . Any price adjustments shall be mutually agreed upon by the City Purchasing Agent and the supplier. Price increases will not exceed a reasonable amount, supported by written documentation as indicated in the paragraph below and as determined by the City Purchasing Agent, for any price adjustment. Price reductions may be issued at any time. 8-18

Document Phase Document Description Page 7
240000000060 Final Slurry-Premix REAS, and Rental Equip. Total Pages : 25 The City reserves the right to terminate contract without further obligation by either party in event price increases are not acceptable. Escalating factors will not be automatically granted. Requests for price increases shall be in writing and accompanied by each manufacturer(s) price list(s) with appropriate supporting documents acceptable to the City . Such documents shall include, but not be limited to manufacturer/distributor/dealer invoices, insurance bills, utility bills, freight bills, payroll records, etc .

The request shall state the percentage increase and the revised price for each affected contract item.

No increases will be granted without prior approval of the City Purchasing Agent.

PRICE AGREEMENT CONDITIONS:

Prices charged the City are based on a percentage discount from / mark up to the manufacturer's published price list. Percentage discount/mark up is to remain firm for the duration of the contract, subject to "Threshold Amount Level Volume Percentage Adjustments". However, manufacturer's price lists are subject to change in accordance with price adjustments made by the manufacturer .

The City is to be given benefit of any decline in prices immediately upon the manufacturer's effective date of such decline.

The Request for Quotation specifications, requirements, terms and conditions shall supersede and take precedence over any conflicting conditions in manufacturer's price lists .

Subsequent price list updates shall be submitted to the Purchasing Agent by the supplier in accordance to the following:
-FOR PRINTED OR ELECTRONIC (EXCLUDING CLOUD/ INTERNET/ ON-LINE) CATALOGS AND PRICE LISTS;

1. A letter requesting price list updates shall indicate supplier's name, contract number and published price list(s) date and number.
2 . All new price lists shall show supplier's name and contract number and shall be submitted with the request to the City of Los Angeles Purchasing Agent. Price list updates will become effective only upon approval by the Purchasing Agent. If approved, a contract amendment letter will be mailed to the supplier identifying the price list and its effective date or any other price changes. 3 . Purchasing Agent approved price lists may be requested from the supplier by each City Department that uses the contract. The price lists may be shipped directly from the supplier to the City department. -FOR INTERNET/ ON-LINE CATALOGS AND PRICE LISTS:

The supplier shall provide access to a secured (https) website for City of Los Angeles staff to identify and confirm product prices online. The online price list must have a cross reference or search function to identify items and prices by Product/Part Number and/or Product Description.

The website must allow for printing any page on the customer's computer screen so as to create a "hard copy" record of the items and prices. City staff is required to print the price page for each item ordered and attach it to their Purchase Order for City auditing purposes . -WHEN NO CATALOG OR PRICE LIST EXISTS:
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240000000060 Final Slurry-Premix REAS, and Rental Equip . Total Pages : 25 When manufacturer's price lists do not exist or are not otherwise available for Cost Plus Mark Up contracts, the following shall apply:

Provide a quote to the end-user noting net/cost price and any mark-up(s) applied and which contract line item the quote is based upon .

Prices charged the City are based on a Cost Plus Percentage Mark Up to the supplier's net/cost price , as indicated on invoices from the manufacturer, distributor, sub-supplier, or other supply chain source.

Percentage mark up is to remain firm for the duration of the contract, subject to "Threshold Amount Level Volume Percentage Adjustments".

A copy of each manufacturer's, distributor's, sub-supplier's, or other supply chain source's invoice pertaining to the specific City Contract Purchase Order shall be submitted with the supplier's invoice to the City's Payment Services Division (FMS Accounts Payable). Failure to submit invoice copies may be considered a Breach of Contract, and will result in payment delays, or non-payment of the supplier's invoice.

SALES/USE TAX PAID DIRECTLY TO ST ATE:

Since the supplier has not indicated it has a permit to collect California State sales tax , the City will pay use tax directly to the State of California. No sales tax will be paid to the supplier.

ESTIMATED EXPENDITURES:

Total expenditures for the life of this contract, including the initial term and all renewals or extensions, are estimated to be $59,500,000. No guarantee can be given that this total will be reached or that it will not be exceeded. Supplier agrees to furnish more or less in accordance with actual contract requirements.

AUTHORIZED DISTRIBUTOR/DEALER:

The supplier indicates it is an authorized factory distributor/dealer for the manufacturer quoted, or has provided a formal Letter of Certification from the manufacturer, stating that the manufacturer will honor any warranty claims by the City for equipment, parts, and/or materials provided by the supplier.

The manufacturer will be responsible for any default of the supplier that is not corrected by the supplier in a timely and efficient manner . This responsibility includes replacing incorrect or defective parts, trouble shooting, and correcting problems that are traceable to the manufacturer.

OTHER GOVERNMENT AGENCY PURCHASES:

Other government agencies may make purchases using the prices , terms and conditions of this contract.

REPRESENTATIVE SAMPLE TESTING:

Representative samples may be taken from each delivery and tested for compliance with specifications.

Testing costs will be paid by the City for samples that comply. If samples do not comply with requirements, the expense of testing will be charged to the supplier, and delivery will be rejected. The supplier will be required to pick up the rejected material and to make a new delivery within 5 days of notification by the City . Notification will be made by the most effective means to the supplier's designated representative.

QUARTERLY REPORTS:
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240000000060 Final Slurry -Premix REAS, and Rental Equip. Total Pages: 25 The supplier shall provide the City Purchasing Agent with quarterly reports, to include the following:
1) Expenditure Report that indicates Manufacturer name, description, product/part number, quantity, unit price and extended price of all items sold to the City ( contract inception to report date). 2) Environmentally Preferable Product (EPP) Report that indicates the quantity and description of products sold to the City that are considered EPP. This information may be included in the Expenditure Report .
3) Business Inclusion Program Report that indicates the quantity and description of products sold to the City that were manufactured by or obtained from MBE, WBE, SBE, EBE, DVBE and OBE sub-suppliers.

This information may be included in the Expenditure Report . 4) Expenditure Report that indicates Manufacturer name, description, product/part number, quantity, unit price and extended price of all items sold to any Other Government Agencies using the prices, terms and conditions of any contracts resulting from this RFQ ( contract inception to report date).

Note: Item 4 is only applicable if Other Government Purchases are allowed.

Reports shall be created in a MS/Excel spreadsheet format as provided by the Purchasing Agent, and delivered by the 10th of the following month to City of Los Angeles Purchasing Agent, 111 E . First St., Attn: Procurement Analyst, Room 110, City Hall South, Los Angeles , California, 90012-4111. The supplier shall reference the City's contract number on all reports.

CONTRACT PERFORMANCE REVIEWS :

The supplier agrees to attend periodic Contract performance reviews, facilitated by the City's Contract Manager. Reviews may be held a minimum of once per calendar quarter, focusing on the supplier's and the City's meeting product and service quality levels stated in the Contract, adherence to the Contract terms and conditions, and providing a forum to informally discuss opportunities for improving products, services, Contract terms and conditions, and other related issues in an effort to create economies and cost reductions for the supplier and the City.

LIQUIDATED DAMAGES FOR LATE DELIVERY :

Delivery delays beyond the Contract/Purchase Order delivery date will result in added expense to the City. The City of Los Angeles shall be paid damages for such delay. Inasmuch as the amount of damage is extremely difficult to ascertain, the supplier agrees to compensate the City in the amount of $100.00 per calendar day beyond the delivery date specified. This amount shall be fixed as liquidated damages that the City will suffer by reason of such delay, and not as a penalty. The City shall have the right to deduct and retain the amount of such liquidated damages from any monies due the supplier .

The supplier shall be entitled to a reasonable extension of time for unavoidable delay in delivery due to causes not reasonably foreseeable by the parties at the time of the Contract/Purchase Order execution, and that are entirely beyond the control and without the fault or negligence of the supplier, including, but not limited to, acts of God or the public enemy, war or other national emergency making delivery temporarily impossible or illegal, acts or omissions of other suppliers, strikes and labor disputes not brought on by any act or omission of the supplier, fire, flood, epidemics, quarantines , or freight embargoes.

INSURANCE:

The suppliers General Liability and Workers Compensation Insurance Certificates are recorded in the City Administrative Officer's Risk Management https ://kwikcomply .org/ database. 8-21

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240000000060 Final Slurry -Premix REAS , and Rental Equip . Total Pages : 25 OFF-PEAK DELIVERY AND PICK-UP HOURS:

The City of Los Angeles requires off-peak delivery and pickup of all commodities by City suppliers between the hours of9:00 AM and 3:30 PM, Monday through Friday, to reduce traffic and vehicle emissions during morning and afternoon commute times . Suppliers are determined in compliance if the actual delivery or pickup time provides for arrival at the City location on or after 9:00 AM and on or before 3:30 PM.

Unless otherwise instructed by authorized City personnel, suppliers are required to schedule deliveries and/or pickups during the off-peak period. City departments sharing facilities that order products from the same supplier shall make every effort to coordinate off-peak deliveries and pickups with the supplier.

Emergency and critical need orders, or other non-conforming deliveries and pickups specifically requested by City departments shall not constitute a violation of this requirement. In addition, circumstances that are outside of the supplier's control and documented by the supplier to the ordering department's or the City Purchasing Agent's satisfaction shall not constitute a violation of this requirement.

Noncompliance with this requirement may result in cancellation of a Purchase Order(s) or termination of Contract(s) between the City and the supplier.

If circumstances related to department operations preclude regularly scheduled deliveries between the hours of9:00 AM and 3:30 PM, Monday through Friday, the affected City department shall notify the supplier of any allowable exception(s).

SHIPPING CHARGES:

Please prepay and add shipping or delivery charges to your invoice. Please include a copy of your freight bill with your invoice.

VENDOR PAYMENT:

When submitting invoices to the Payment Services Section, the following must be referenced on the invoice:

ContractlNumber
ContracQPurchase Order (CPO) Number
Correct oontract pricing should be reflected on the invoice. Price discrepancies will result in payment delays .

Partial Slipments: If partial quantities are shipped, invoices should only reflect the quantity shipped .

It should, be noted that before an invoice can be processed for payment, items must be received and accepted by City personnel.
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ATTACHMENT A

REQUEST FOR QUOTATION BIDDER INSTRUCTIONS AND

GENERAL TERMS AND CONDITIONS FOR

CITY OF LOS ANGELES PURCHASING AGENT CONTRACTS

READ CAREFULLY

ON-LINE BIDDER INFORMATION AND FORMS
All companies wishing to bid on City of Los Angeles purchases are directed to the Los Angeles Vendor Self Service (LAVSS)-https ://lavss.lacity.org-and the Regional Alliance Marketplace for Procurement (RAMP)- www.rampla .org -to register as bidders and to complete the City's Equal Benefits Ordinance ; First Source Hiring Ordinance; and Disclosure Ordinance Affidavits.

Questions regarding the Affidavits and compliance with the City's requirements should be directed to the Bureau of Contract Administration, (213) 847-2625 or (213) 847-2631, or via e­ mail to [email protected].

BIDDER INSTRUCTIONS (Bl)
All communications regarding the Request for Quotation (RFQ) shall be directed in writing to the Central Purchasing contact listed. Written communication may be made via e-mail, facsimile, U.S.

Mail, or delivery service.

B1-1. Request for Quotation Bidder Responsiveness:

In order to be responsive, bidders shall complete and return all Quotation documents requested by the City , including addenda , specifications, drawings and all forms .

It shall be the bidder's responsibility to provide one (1) original , as requested, of the completed Quotation documents. The original shall include all Quotation documents requested by the City including addenda , specifications, drawings and all forms.

The Purchasing Agent may deem a bidder non-responsive if the bidder fails to provide all Quotation documents requested by the City at the Quotation closing date and time .

Any bidder who fails to respond to RFQ's for a period of three (3) years may be removed from the City's Supplier Database.

If you are receiving RFQ's for commodities or services that you are unable to provide to the City, it shall be your responsibility to inform the Purchasing Agent, in writing and on company letterhead, requesting that your company be removed from the commodity listing.

B1-2. Form of Quotation and Signature:

The Quotation must be made on the City form only. Telegraphic quotations are not acceptable. Facsimile Quotations may be submitted only when requested by the City Purchasing Agent as a Request for Fax Quotation. The Quotation must be signed with the firm corporate name and by a responsible officer or authorized employee . In case of error in extension of prices, unit price will govern. All prices must be firm unless the specifications provide for adjustment.

BI-3. New and Unused:

The equipment/products/materials furnished shall be new and unused, but may contain recycled materials in compliance with City, State, and Federal materials recycling guidelines and requirements .

B1-4. Cost of Preparing Quotations:
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240000000060 Final Slurry-Premix REAS , and Rental Equip . Total Pages: 25 The City is not liable for any costs incurred by bidders in the preparation and presentation of Quotations submitted in response to this RFQ .

B1-5. Taxes:

Do not include any Sales Taxes or Federal Excise Tax in prices quoted unless the specifications require that Sales Tax be included. Sales Tax will be added by the City at time of award/order. Federal Excise Tax Exemption Certificate will be furnished to the supplier upon request, or IRS Identification No. 95- 6000735 may be used to claim the tax exemption . Any other taxes must be included in the Quotation prices .

B1-6. Delivery Costs:

Prices quoted shall include all delivery and unloading charges to the City of Los Angeles.

B1-7. Payments:

Payment terms are NET 30 Days unless bidder otherwise quotes cash discount terms. Cash discounts offered for payment less than 25 days will not be considered by the City when evaluating Quotations.

All cash discounts shall be taken and computed from the date of the City's acceptance of the material or service, or from the date of receipt of invoice by General Services Payment Services, whichever is latest.

The City will make partial payments in accordance with actual deliveries made and accepted by the City.

Partial payments will in no way relieve the supplier of its responsibility for completing delivery of the entire order.

BI-8. Safety Requirements -OSHA and CALOSHA:

Any equipment or material furnished must conform with the current safety code of the California Division of Industrial Safety and all OSHA requirements, where applicable.

Supplier agrees to comply with the provisions of the California Occupational Safety and Health Act of 1973, or its latest revision, and the standards and regulations issued thereunder. Supplier further certifies that all items furnished under this contract will conform to and comply with said standards and regulations .

Supplier further agrees to indemnify and hold harmless the City of Los Angeles for all damages assessed against the City as a result of supplier's failure to comply with the Act and the standards and regulations issued thereunder, and for the failure of the items furnished under this contract to so comply.

B1-9. Safety Approval and Certification:

Items delivered to the City must conform to the safety orders/codes of the California Division of Industrial Safety, CalOSHA, and OSHA where applicable .

Any required certification necessary to place equipment or other items into service shall be the supplier's responsibility. A copy of the certification shall be delivered with the equipment or items.

All Electrical items shall have Underwriter's Laboratory Listing or Approval.

BI-10. "Or Equal":

Whenever a particular product or brand name is specified it shall be deemed to be followed by the words "or equal".

BI-11. Specifications and Deviations from Specifications :

Specifications in the RFQ may consist of design, performance, or brand name specifications, or any combination thereof. The specifications are descriptive and indicate the quality, design and construction of the equipment or materials desired, and are not intended to be restrictive .

Quotations will be considered for equipment or materials deviating from the specifications if such products comply substantially with the specifications. Each deviation from the specifications must be stated in a letter attached to your quotation. Where specific brand, make, and/or model numbers are referenced, bidders quoting on other brands , makes and/or models must indicate so in the line item space 12/20/2022 8-24

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240000000060 Final Slurry-Premix REAS, and Rental Equip. Total Pages : 25 provided. The specified brand , make and/or model must be furnished unless otherwise indicated by the bidder.

If provisions of the specifications restrict bidder from bidding, bidder may request in writing that the specifications be modified. Such request must be received by the Purchasing Agent at least two (2) calendar days before the Quotation closing date. All bidders will be notified by Addendum of any approved changes in the specifications.

City of Los Angeles staff shall be the sole determiner of substantial compliance with the specifications.

Failure to submit or disclose deviations from the RFQ specifications will make your Quotation non­ responsive.

B1-12. Illustrative and Technical Data, Drawings and Printed Literature:

Bidder shall submit complete illustrative and technical data, drawings, and /or printed literature for the materials or equipment quoted . Deviations from specifications contained within printed literature will not be accepted . Only separately stated written deviations will be considered and/or accepted . Failure to furnish such data, drawings or literature may void your quotation .

BI-13. Hazardous Substances/Chemicals:

Specifications including products which may contain hazardous substances shown on the list prepared by the Director of Industrial Relations , State of California, pursuant to California Labor Code Sections 6380-6386, require Safety Data Sheets (SDS) be prepared in compliance with Title 8, California Code of Regulations, Section 5194. SDS shall accompany this Quotation.

Chemicals shall be free of known carcinogens, and shall comply with the current Safety Code of the California Division oflndustrial Safety, and with all OSHA requirements .

If any ingredient in the product quoted is a carcinogen as shown on the most current list prepared by the International Agency for Research on Cancer (IARC), bidder shall separately identify such ingredients as a carcinogen. Bidder is advised that the products will not be accepted unless (1) the product may be used safely and (2) no acceptable non-carcinogenic substitute is available . A copy of the SDS shall accompany each product shipment to a City facility . Products/chemicals shall be delivered in containers labeled with the product's common chemical name and the common or technical name of each of the product's chemical ingredients, together with a statement of precautions to be taken in product use .

A copy of the SDS shall be available at location of use in the performance of the contract.

B1-14. Withdrawal of Quotations:

Bidder may withdraw Quotation in writing at any time prior to the RFQ Closing Date . Faxed withdrawals will be accepted . A written request signed by an authorized representative of the bidder must be submitted to the Procurement Analyst. After withdrawing a previously submitted Quotation, the bidder may submit another Quotation at any time up to the RFQ Closing Date .

B1-15. Waiver of Irregularities, Informalities, and Rejection of Quotations:

The City reserves the right, at its sole discretion, to waive minor administrative irregularities contained in any Quotation .

The City also reserves the right, as the interest of the City requires, to reject any or all Quotations, to reject unapproved alternate Quotations, and the right to reject the Quotation of any bidder that has previously failed to perform competently in any prior business relationship with the City, as determined through a Supplier Responsibility Hearing.

The rejection of any or all Quotations shall not render the City liable for costs or damages.

B1-16. Quotations Property of City/Proprietary Bid Material:

All Quotations submitted shall become the property of the City of Los Angeles and subject to the State of California Public Records Act. Bidders must identify all copyrighted material, trade secrets or other 12/20/2022 8-25

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240000000060 Final Slurry-Premix REAS, and Rental Equip. Total Pages : 25 proprietary information that the bidders claim are exempt from the California Public Records Act (California Government Code Section 6350 et seq.).

Bidder hereby warrants and represents that in submitting its Quotation, it has not included or disclosed any intellectual property rights of any third party without authorization or license from the respective third party intellectual property rights owner(s). Bidder hereby further warrants and represents that in performing the contract, if awarded, Bidder would not directly or contributorily infringe upon any intellectual property rights of any third party, including without limitation trademarks , copyrights, patents , trade dress , trade secrets, know-how and proprietary information.

In the event a bidder claims such an exemption, the bidder is required to state in the Quotation the following : "The bidder will indemnify the City and its officers , employees and agents, and hold them harmless from any claim or liability and defend any action brought against them for their refusal to disclose copyrighted material, trade secrets, intellectual property rights or other proprietary information to any person making a request therefore ."
Failure to include such a statement shall constitute a waiver of a bidder's right to exemption from this disclosure .

BI-17. Lowest Bid Price, Lowest Ultimate Cost, or Best Overall Value to the City:

The award of the contract will be to the bidder(s) deemed to offer the material and/or service at the lowest bid price , lowest ultimate cost, or best overall value to the City based on responsive quotation(s) meeting the specifications set forth in the RFQ . The City's determination oflowest ultimate cost and best overall value may include consideration of the City's internal cost structure for meeting requirements, such as the City's inventory carrying costs, ordering lead times, equipment maintenance costs, and items typically identified with and relating to a "Life Cycle Cost Analysis." BI-18. Quotation Acceptance and Contract Award:

Quotation shall be subject to acceptance by the City for a period of three (3) months. The City may make combined award of all items completely to one bidder or may award separate items or groups of items to various bidders.

BI-19. Appeal of Award:

In the event the Purchasing Agent proposes to award a contract to other than the lowest responsive monetary bidder, the Purchasing Agent will, prior to such award, notify each of those bidders submitting lower monetary quotations which have conformed to the specifications set forth in the Request for Quotation .

Upon issuance of such notification , each bidder submitting a lower responsive monetary Quotation may, within two (2) working days, request a hearing before the Purchasing Agent. Upon such request, the Purchasing Agent will furnish such bidder with a written statement setting forth the reasons for the proposed award . A hearing shall be provided no sooner than three (3) calendar days after the request for hearing , unless the time period is waived by the bidder.

At or prior to the hearing, the bidder may present evidence as to why the contract should be awarded to said bidder. After the close of the hearing, the Purchasing Agent shall make a determination with respect to the responsibility of the bidder or bidders involved, and thereafter shall award the contract accordingly or shall reject all Quotations. The determination of the Purchasing Agent shall be final.

END OF BIDDER INSTRUCTIONS FOR

CITY OF LOS ANGELES PURCHASING AGENT

REQUEST FOR QUOTATION
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GENERAL TERMS AND CONDITIONS (GTC) FOR

CITY OF LOS ANGELES PURCHASING AGENT CONTRACTS
GTC-1. Integrated Contract:

This contract sets forth all the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous contracts, agreements or understandings, whether written or oral, relating thereto. This contract may only be amended by written mutual agreement of the supplier(s) and the City Purchasing Agent. No oral representations made by any City employee or representative will vary the terms of the written contract.

GTC-2. Applicable Law, Interpretation and Enforcement:

Performance under this contract shall comply with all applicable laws of the United States of America, the State of California, and the City of Los Angeles including but not limited to laws regarding health and safety , labor and employment , wage and hours and licensing laws that affect employees. This contract shall be enforced and interpreted under the laws of the State of California. The supplier shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this contract.

If any part, term or provision of this contract shall be held void, illegal, unenforceable, or in conflict with any law of a federal, state or local government having jurisdiction over this contract , the validity of the remaining parts, terms or provisions of the contract shall not be affected thereby.

GTC-3. Prevailing Wage Ordinance:

In accordance with City of Los Angeles Administrative Code Section 10 .7 et seq., the supplier agrees to comply with applicable sections of the California State Labor Code pertaining to labor and the prevailing wage rates. Where labor is required for public work as a part of this contract, the supplier shall pay no less than the Prevailing Wage as determined by the California Department oflndustrial Relations. Bidders may contact the Department of Public Works, Office of Contract Compliance for current prevailing wage information at (213) 847 -2629.

Payroll documentation and other related information pertaining to workers and wages shall be submitted upon request to the Office of Contract Compliance, in accordance with Section 177 6 of the California State Labor Code. Failure to comply may result in wage restitution and/or State penalties in accordance with the State Labor Code .

GTC-4. Equal Benefits Ordinance:

Bidders are advised that any contract awarded pursuant to this procurement process shall be subject to the applicable provisions of Los Angeles Administrative Code Section 10.8.2.1, Equal Benefits Ordinance (EBO).

All Bidders shall complete the web form Equal Benefits Ordinance Affidavit available on the Regional Alliance Marketplace for Procurement (RAMP) at www .rampla.org prior to award of a City contract valued at $5,000 or more. The Equal Benefits Ordinance Affidavit shall be effective for a period of twelve months from the date it is submitted to the City's RAMP . Bidders do not need to submit supporting documentation with their bids. However, the City may request supporting documentation to verify that the benefits are provided equally as specified on the Equal Benefits Ordinance Affidavit.

Bidders seeking additional information regarding the requirements of the Equal Benefits Ordinance may visit the Bureau of Contract Administration's web site at http://bca.lacity.org .

GTC-5. Nondiscrimination, Equal Employment Practices and Affirmative Action Program:

Bidders are advised that any contract awarded pursuant to this procurement process shall be subject to the applicable provisions of Los Angeles Administrative Code Section 10 .8.2., Non-discrimination Clause. 12/20/2022 8-27

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240000000060 Final Slurry-Premix REAS, and Rental Equip. Total Pages: 25 Procurements by the City for which the consideration is $1,000 or more shall comply with the provisions of Los Angeles Administrative Code Section 10 .8.3., Equal Employment Practices Provisions.

All Bidders shall complete the web form Non-Discrimination/Equal Employment Practices Affidavit available on the Regional Alliance Marketplace for Procurement (RAMP) at www.rampla.org at the time it registers on RAMP but no later than the time when an individual Bid is submitted. Bidders with Certifications previously submitted to RAMP and verified by the Office of Contract Compliance (OCC) do not need to re-submit.

Procurements by the City for which the consideration is $25,000 or more shall comply with the provisions of Los Angeles Administrative Code Sections 10.8.4., Affirmative Action Program Provisions. All Bidders agree to adhere to the Nondiscrimination, Equal Employment Practices and Affirmative Action program for the duration of the contract and acknowledge their responsibility to comply with both the ND/EEP and AA provisions by affixing its signature to a contract.

Bidders seeking additional information regarding the requirements of the Non-Discrimination, Equal Employment Practices and Affirmative Action Programs may visit the Bureau of Contract Administration's web site at http://bca.lacity .org.

GTC-6. Child Support Assignment Orders Ordinance:

City of Los Angeles Administrative Code Section 10.10 requires all suppliers and sub-suppliers to fully comply with all applicable Federal and State employment reporting requirements for the supplier or sub­ supplier's employees .

By signing the Signature Page, the bidder certifies and agrees that if it is awarded a contract with the City of Los Angeles, the bidder will:

1. Fully comply with all applicable Federal and State employment reporting requirements for its employees.
2 . Fully comply with and implement all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment in accordance with California Family Code Section 5230 et seq. 3 . Certify that the principal owner(s) of the business are in compliance with any Wage and Earnings 4 . Assignment Orders and Notices of Assignment applicable to them personally.

5. Certify that the business will maintain such compliance throughout the term of the contract. 6 . Include all language in this section in any contracts, agreements or understandings the bidder creates or has with sub-suppliers providing goods or services under a contract awarded by the City of Los Angeles.

Failure of a supplier or sub-supplier to comply with all applicable reporting requirements or to implement lawfully served Wage and Earnings Assignments or Notices of Assignment or failure of the principal owner(s) to comply with any Wage and Earnings Assignments or Notices of Assignment applicable to them personally shall constitute a default under the contract. Failure of the supplier or sub-supplier or principal owner thereof to cure the default within 90 days of notice of such default by the City shall subject the contract to termination.

GTC-7. Small Local Business Ordinance:

In accordance with City of Los Angeles Administrative Code Section 10 .25 et seq., any supplier who qualifies as a "Small Local Business" (SLB) and is a responsible bidder shall be granted a preference as to all contracts of$150,000.00 or less, for which quotations were solicited, in an amount equal to 10% of the quotation of the lowest and best responsible bidder, if that latter bidder has not qualified as a SLB. If, after deduction of the 10% preference from the quotation of the SLB , the quotation is equal to or less than the lowest quotation, the quotation of that SLB shall be deemed to be the lowest quotation .

In order to be given preference as a certified SLB, your SLB application must be received at the Department of Public Works, Bureau of Contract Administration, Office of Contract Compliance, Centralized Certification Section no later than five (5) calendar days prior to the RFQ Closing Date, and approved prior to the RFQ award date.
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240000000060 Final Slurry-Premix REAS , and Rental Equip. Total Pages: 25 The Department of Public Works, Bureau of Contract Administration, Office of Contract Compliance, Centralized Certification Section is located at:
1149 S. Broadway Street, Suite 300
Los Angeles, CA 90015
Certification as a Small Local Business is valid for one calendar year from the date of approval. SLB's must be recertified annually by the Office of Contract Compliance, Centralized Certification Section.

Questions concerning the Small Local Business Program should be directed to the Office of Contract Compliance at (213) 847 -2625.

GTC-8. Environmentally Preferable Products Purchasing Program:

In accordance with City of Los Angeles Administrative Code Section 10.32 et seq., it is the policy of the City to specify and purchase Environmentally Preferable Products and services where criteria have been established by governmental or other widely recognized and respected third-party authorities ( e.g., Energy Star, Green Seal, EPA Recycled Materials Advisory Notice (RMAN) Purchasing Guidelines, Federal Electronic Product Environment Assessment Tool (EPEAT) program guidelines for electronics, State Agency Buy Recycled Campaign (SABRC)).

Suppliers and Contractors are encouraged to offer environmentally preferable products and services at competitive prices, and to consider environmental impacts of service delivery by using environmentally preferable products and delivery methods whenever possible .

Suppliers shall certify in writing the minimum, if not the exact percentage of Recycled Material, both Post-Consumer Recycled Content and Secondary Waste, and other environmental attributes in products to be provided in the performance of any awarded contract. The supplier shall provide such certification even in instances in which the product contains no Recycled Material or other environmental attributes.

Failure to provide such certification shall result in the product being deemed to contain no Recycled Material or Environmentally Preferable attributes.

GTC-9. Service Contract Worker Retention and Living Wage Ordinances:

Unless otherwise exempt in accordance with the provisions of the Ordinances, this contract is subject to the Service Contract Worker Retention Ordinance (SCWRO), Section 10 .36 et seq., and the Living Wage Ordinance (LWO), Section 10.37 et seq. of the Los Angeles City Administrative Code, as amended from time to time . The Ordinances require that all employers under contracts primarily for furnishing services to or for the City that involve an expenditure in excess of $25,000 and a contract term of at least three months shall provide the following : (a) retention by a successor supplier for a 90-day transition period, the employees who have been employed for the preceding 12 months or more by the terminated supplier or sub-supplier, if any, as provided for in the SCWRO; (b) payment ofa minimum initial wage rate to employees as defined in the L WO , and as may be adjusted each July I and provision of benefits as defined in the L WO.

Unless pre-empted by the California State Labor Code pertaining to Prevailing Wage in Item GTC -3 above, any supplier who enters into a service contract of$25,000 or more with the City agrees to comply with applicable sections of the Los Angeles City Administrative Code pertaining to the Living Wage.

Under the provisions of Section 10.36(c) of the Los Angeles Administrative Code , the City shall have the authority, under appropriate circumstances, to terminate this contract and otherwise pursue legal remedies that may be available if the City determines that the supplier violated the provisions of the referenced Code section. Contact the Bureau of Contract Administration , Office of Contract Compliance for living wage rules and regulations at (213) 847-2625.

GTC -10. Contractor Responsibility Ordinance:

City of Los Angeles Administrative Code Section 10.40 et seq. provides that every Request for Quotation (RFQ) is subject to the provisions of the Contractor Responsibility Ordinance (CRO), unless exempt pursuant to the provisions of the Code.

The Code requires that all bidders complete and return, with their RFQ , the responsibility questionnaire included in this solicitation . Failure to return the completed questionnaire may result in the bidder being deemed non-responsive.
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240000000060 Final Slurry-Premix REAS , and Rental Equip. Total Pages : 25 Pursuant to the Code, by executing a contract with the City, the supplier pledges, under penalty of perjury , to comply with all applicable Federal, State and local laws in performance of the contract, including, but not limited to, laws regarding health and safety, labor and employment, wage and hours, and licensing laws which affect employees.

The Code also requires that if a contract is awarded pursuant to this procurement, the supplier must update responses to the questionnaire within thirty calendar days after any changes to the responses previously provided, if such change would affect contractor's fitness and ability to continue performing the contract.

The supplier further agrees to:

1. Notify the awarding authority within thirty calendar days after receiving notification that any government agency has initiated an investigation which may result in a finding that the supplier is not in compliance with all applicable Federal , State and local laws in performance of this contract ;

2. Notify the awarding authority within thirty calendar days of all findings by a government agency or court of competent jurisdiction that the supplier has violated the provisions of Section 10.40 .3 (a) of the Code;

3. Ensure that its subcontractor(s) working on the supplier contract submit a Pledge of Compliance to awarding authorities; and

4. Ensure that its subcontractor(s) working on supplier's City contract comply with the requirements of the Pledge of Compliance and the requirement to notify awarding authorities within thirty calendar days after any government agency or court of competent jurisdiction has initiated an investigation or has found that the subcontractor(s) has violated Section 10.40.3 (a)ofthe Ordinance in performance of the subcontract.

GTC-11. Slavery Disclosure Ordinance:

Unless otherwise exempt in accordance with the provisions of Section 10.41 et seq . of the Los Angeles Administrative Code, any contract awarded pursuant to this RFQ will be subject to the City's Slavery Disclosure Ordinance.

All Bidders shall complete the web form Slavery Disclosure Ordinance Affidavit available on the Regional Alliance Marketplace for Procurement (RAMP) at www .rampla .org prior to award of a City contract.

Bidders seeking additional information regarding the requirements of the Slavery Disclosure Ordinance may visit the Bureau of Contract Administration's web site at http ://bca.lacity .org.

GTC-12. Sweat-Free Procurement Ordinance:

This Agreement is subject to the Sweat-free Procurement Ordinance , Section 10.43, et seq. of the Los Angeles Administrative Code , as amended from time to time, unless otherwise exempt in accordance with its provisions. The Ordinance requires the Contractor to sign under oath and comply with the City's Contractor Code of Conduct, thereby promising the following :

1. Contractor shall comply with all applicable wage, health, labor, environmental and safety laws , legal guarantees of freedom of association, building and fire codes, and laws and ordinances relating to workplace discrimination.

2. Contractor shall comply with all human and labor rights and labor obligations that are imposed by treaty or law on the country in which the equipment, supplies, goods or materials are made or assembled, including but not limited to abusive forms of child labor, slave labor, convict or forced labor, or sweatshop labor.

3. Contractor shall take good faith measures to ensure, to the best of Contractor's knowledge, that Contractor's subcontractors also comply with the City's Contractor Code of Conduct. 4 . Contractor shall pay a procurement living wage to employees working on contracts for garments, uniforms, foot apparel , and related accessories, meaning for domestic manufacturers a base hourly wage adjusted annually to the amount required to produce, for 2,080 hours worked, an annual income equal to or greater than the U.S. Department of Health and Human Services most 12/20/2022
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Final Slurry-Premix REAS, and Rental Equip. Total Pages : 25 recent poverty guideline for a family of three plus an additional 20 percent of the wage level paid either as hourly wages or health benefits. For manufacturing operations in countries other than the United States, a procurement living wage shall be comparable to the wage for domestic manufacturers as defined above, adjusted to reflect the country's level of economic development by using the World Bank's Gross National Income Per Capita Purchasing Power Index .

GTC-13. First Source Hiring Ordinance:

Unless otherwise exempt in accordance with the provisions of this Ordinance, this contract is subject to the applicable provisions of the First Source Hiring Ordinance (FSHO), Section 10.44 et seq . of the Los Angeles Administrative Code, as amended from time to time. Unless approved for an exemption, contractors under contracts primarily for the furnishing of services to or for the City, the value of which is in excess of $25,000 and a contract term of at least three (3) months, and certain recipients of City Loans or Grants, shall comply with the provisions of the FSHO.

Unless otherwise exempt, contractor shall, prior to the execution of the contract, provide a list of anticipated employment opportunities that contractor estimates it will need to fill in order to perform the services under the contract. Contractor further pledges that it will, during the term of the contract, a) at least seven business days prior to making an announcement of a specific employment opportunity, provide notifications of that employment opportunity to the Community Development Department (CDD), which will refer individuals for interview; b) interview qualified individuals referred by CDD; and c) prior to filling any employment opportunity, the contractor shall inform the City of the names of the Referral Resources used, the names of the individuals they referred, the names of the referred individuals who the contractor interviewed and the reasons why referred individuals were not hired . Any subcontract entered into by the contractor relating to this contract, to the extent allowed hereunder, shall be subject to the provisions of the FSHO, and shall incorporate the FSHO .

Where under the provisions of Section 10.44.13 of the Los Angeles Administrative Code the City has determined that the contractor intentionally violated or used hiring practices for the purpose of avoiding the article, the determination must be documented in the Awarding Authority's Contractor Evaluation, required under Los Angeles Administrative Code Section 10.39 et seq ., and must be documented in each of the contractor's subsequent Contractor Responsibility Questionnaires submitted under Los Angeles Administrative Code Section 10.40 et seq . This measure does not limit the City's authority to act under this article.

Under the provisions of Section 10.44.8 of the Los Angeles Administrative Code, the Awarding Authority shall, under appropriate circumstances, terminate this contract and otherwise pursue legal remedies that may be available if the City determines that the subject contractor has violated provisions of the FSHO.

Contact the Bureau of Contract Administration , Office of Contract Compliance for further information at (213) 847-2625.

GTC-14. Local Business Preference for Procurements in Excess of $150,000 In accordance with City ofLosAngeles Administrative Code Section 10.47 et seq., Awarding Authorities shall grant an eight percent (8%) Local Business Preference for Contracts involving consideration in excess of $150 ,000.00 to any supplier who qualifies as a "Local Business" and is a responsible bidder.

The Awarding Authority shall provide a preference ofup to five percent (5%) to a bid submitted by a business that does not qualify as a Local Business, but that identifies a qualifying Local Subcontractor to perform work under the Contract, provided the Local Subcontractor satisfies the criteria enumerated in Sections 10.47.2 and 10.47.7
The preferences awarded for equipment, goods or materials shall be applied only if the Local Business or Local Subcontractor substantially acts as the supplier or dealer, or substantially designs, manufactures or assembles the equipment, goods or materials, at a business location in Los Angeles County. The Bid Preference shall not exceed one million dollars ($1,000,000.00) for any Bid. An Awarding Authority may , before the award of a Contract, determine that it is not in the City's best interest to grant a Bid 12/20/2022 8-31

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240000000060 Final Slurry-Premix REAS , and Rental Equip. Total Pages : 25 preference and award the Contract to the bidder eligible for the award without consideration of the provisions of this Article.

This Article shall not apply to Contracts that involve the expenditure of funds that are not entirely within the City's control, such as state and federal grant funds, that due to legal restrictions prohibit its application .

Questions concerning the Local Business Preference Program should be directed to the Office of Contract Compliance at (213) 847-2625.

GTC-15. Contract Purchase Orders:

Contract Purchase Orders will be issued during the contract period for materials or services as required and in accordance with price at time of order document. Supplier shall deliver no goods or services until a City department issues a Contract Purchase Order .

GTC-16. Most Favorable Government Prices:

The prices charged the City of Los Angeles on any contract shall not exceed those charged any other government agency.

In the event of a price decline, or if the supplier sells the same products or services to other government agencies under similar quantity and delivery terms and conditions at prices below those stated herein, the supplier shall immediately extend such lower prices to the City of Los Angeles. A current price list must be available in the supplier's local office at all times for audit by the City.

GTC-17. Price Reductions:

After the award of a contract, or during the contract term, any material, equipment, or product cost or price list reductions to the supplier shall be offered to the City in a corresponding price reduction.

Periodically the City may request the supplier to certify in writing that any and all material, equipment, and product cost and price list reductions to the supplier are reflected in the City's prices .

GTC-18. Retention of Records, Audits and Reports:

Supplier shall maintain records at the supplier's facility, including records of financial transactions , pertaining to the performance of this contract, in accordance with requirements prescribed by the City.

These records shall be retained for a period of no less than three years following final payment made by the City hereunder or the expiration date of this contract, whichever occurs last. The said records shall be subject to examination and audit by authorized City personnel or by the City's representative at any time during the term of this contract or within the three years following the final payment made by the City hereunder or the termination date of this contract, whichever occurs last. Supplier shall provide any price lists, invoices and/or reports requested by the City regarding performance of this contract.

GTC-19. Contract Termination:

The contract may be terminated in whole or in part by the City for its convenience, without penalty, provided that the contractor is given not less than 30 days written notice (delivered by certified mail, return receipt requested) of the intent to terminate. The City will pay for that portion of orders fulfilled or work performed.

The City has the right to cancel the contract for cause at any time.

GTC-20. Termination for Non-appropriation:

The City's obligation to pay any amount due hereunder for any City fiscal years after the current fiscal year is contingent upon legislative appropriation of funds for the purpose . The City's fiscal year ends on June 30 of each calendar year. Accordingly, anything to the contrary notwithstanding , the City may terminate any contract and its future monetary obligations hereunder, effective as of the end of any fiscal year.

GTC-21. Assignment:
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240000000060 Final Slurry-Premix REAS, and Rental Equip . Total Pages : 25 The supplier shall not assign or transfer by operation of law any obligation without prior submission and approval of a properly completed City of Los Angeles Contract or Payment Assignment Form to the Purchasing Agent.

GTC-22. Restocking Fee:

Supplier shall be entitled to a 5% (five percent) restocking fee that will be charged the City of Los Angeles for return of goods ordered in error.

Restocking fee shall not apply to shipping errors by the supplier, damaged or defective items, overshipments, production overruns, late shipments, or any other shipping/delivery related errors.

GTC-23. Care and Custody:

The supplier accepts full responsibility for any loss or damage to City equipment or materials while in the supplier's possession or its agents' possession. Supplier shall reimburse the City for any loss or damage to City equipment or materials while in the supplier's or its agent's care and custody.

GTC-24. Default by Supplier:

In case of default by supplier, the City reserves the right to procure the items or services from other sources and to hold the supplier responsible for any excess costs occasioned to the City thereby .

GTC-25. Breach and Waiver of Breach:

Except for excusable delays, if any party fails to perform, in whole or in part, any promise , covenant, or agreement set forth herein, or should any representation made by it be untrue, any aggrieved party may avail itself of all rights and remedies, at law or equity , in the courts of law. Said rights and remedies are cumulative of those provided for herein except that in no event shall any party recover more than once, suffer a penalty or forfeiture, or be unjustly compensated.

A waiver of a breach of any part, term or provision of this contract shall not be construed as a waiver of any succeeding breach of the part , term or provision itself. A party's performance after the other party's breach shall not be construed as a waiver of that breach.

GTC-26. Claims for Labor and Materials:

The supplier shall promptly pay when due all amounts payable for labor and materials furnished in the performance of this contract so as to prevent any lien or other claim under any provision of law from arising against any City property, against the supplier 's rights to payments hereunder, or against the City, and shall pay all amounts due under the Unemployment Insurance Act with respect to such labor.

GTC-27. Americans with Disabilities Act:

The supplier hereby certifies that it will comply with the Americans with Disabilities Act (ADA), 42, U.S.C. Section 12101 et seq., and its implementing regulations . The supplier will provide reasonable accommodations to allow qualified individuals with disabilities to have access to and to participate in its programs, services and activities in accordance with the provisions of ADA. The supplier will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person of disability. Any sub-contract entered into by the supplier, relating to this contract, to the extent allowed hereunder, shall be subject to the provisions of this paragraph .

GTC-28. City Tax Registration Certificate:

The supplier shall obtain and maintain a Tax Registration Certificate (TRC) and all such certificates required of it and shall not allow any such certificates to be revoked or suspended while any contract is in effect.

Contact the Office of Finance , Tax and Permit Division at 213-473 -5901 for compliance requirements and general information.

GTC-29. Force Majeure:

Notwithstanding any other provisions hereof, neither the Supplier nor the City shall be held responsible or liable for failure to meet their respective obligations under this agreement, if such failure shall be due to causes beyond Supplier's or City's control. Such causes include but are not limited to: strikes, fire , flood, 12/20/2022 8-33

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240000000060 Final Slurry-Premix REAS, and Rental Equip. Total Pages : 25 civil disorder, acts of God or the public enemy, acts of the Federal Government or any unit of state or local government in either sovereign or contractual capacity, insurrection, epidemics, freight embargoes or delays in transportation, and changes in federal, state or local laws.

GTC-30. Patent Rights:

The person, firm, or corporation to whom this contract is issued does, in case the materials or supplies to be furnished are covered wholly or in part by U.S . Letters Patent, by the acceptance of this contract agrees to indemnify and hold the City of Los Angeles harmless from any and all injuries or damage which the City may sustain by reason of the sale to or use by it of such materials or supplies and arising out of the alleged or actual infringement of said letters patent.

GTC-31. Indemnification:

Except for the active negligence or willful misconduct of the City, supplier undertakes and agrees to defend, indemnify and hold harmless the City and any and all of the City's Boards, Officers, Agents,Employees, Assigns, and Successors in Interest from and against all suits and causes of action, claims, losses, demands and expenses, including, but not limited to, attorney's fees and cost oflitigation, damage or liability of any nature whatsoever, for death or injury to any person, including supplier's employees and agents, or damage of or destruction to any property of either party hereto or of third parties, arising in any manner by reason of the negligent acts, errors, omissions, or willful misconduct incident to the performance of this Contract on the part of supplier or sub-supplier of any tier. The provisions of this paragraph shall survive termination of this Contract.

GTC-32 Intellectual Properties:

The supplier represents and warrants that its performance of all obligations under this Contract does not infringe in any way, directly or contributorily, upon any third party's intellectual property rights, including, without limitation, patents, copyrights, trademarks, trade dress, trade secrets, right of publicity and proprietary information (Intellectual Property). This provision shall survive expiration or termination of this Contract.

The supplier, at its own expense, undertakes and agrees to defend, indemnify, and hold harmless the CITY and any of its Boards, Officers , Agents, Employees, Assigns, and Successors in Interest from and against all suits and causes of action , claims, losses, demands and expenses, including, but not limited to, attorney's fees, experts' fees and cost oflitigation , damage or liability of any nature whatsoever arising out of the infringement, actual or alleged, direct or contributory, of any Intellectual Property rights (1) on or in any design, medium, matter, article , process, method , application, equipment, device, instrumentation, software, hardware, or firmware used by supplier in performing the work under this Contract ; or (2) as a result of the CITY'S actual or intended use of any Work Product furnished by supplier under the Contract.

Supplier's defense of the CITY shall be consistent with Los Angeles City Charter Sections 271, 272 and 273 . Rights and remedies available to the CITY hereinabove are cumulative of those provided for elsewhere in this Contract and those allowed under the laws of the United States, the State of California , and the City of Los Angeles . This provision shall survive expiration or termination of this Contract.

In addition to the foregoing, if supplier has information or reasonably believes that (1) any of the Work Products allegedly or actually infringes or is likely to infringe upon any third-party Intellectual Property rights, or (2) any of the Intellectual Property licenses procured on behalf of the CITY under this Contract are to expire, to be terminated or enjoined, supplier shall immediately notify CITY of such alleged, actual or potential infringement or license status. Upon CITY'S request, supplier shall, at supplier's own expense :

1. procure for the CITY the right or license to continue using the Intellectual Property at issue; or

2. replace the Intellectual Property at issue with a functionally equivalent, non-infringing product, if practicable .

Exercise of any of the above-mentioned options shall not cause undue business interruption to the CITY, or diminish the intended benefits and use of the Work Products by the CITY under the specifications herein.
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240000000060 Final Slurry-Premix REAS, and Rental Equip. Total Pages: 25 Unless otherwise provided for herein, all Work Products originated or prepared by supplier or its subcontractors of any tier under this Contract shall be and remain the property of the CITY for its use in any manner it deems appropriate. Work Products are all works, tangible or not, created under this Contract including, without limitation, documents, materials, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, websites, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property.

Supplier hereby assigns, and agrees to assign, all goodwill, copyright, trademarks, patents, trade secret and all other intellectual property rights worldwide in any Work Products originated and prepared by supplier under this Contract. Supplier further agrees to execute any documents necessary for the CITY to perfect, memorialize, or record the CITY'S ownership of rights provided herein. This provision shall survive expiration or termination of this Contract.

Supplier shall not provide or disclose any Work Product to any third party without prior written consent of the CITY.

Any subcontract entered into by supplier relating to this Contract, to the extent allowed hereunder, shall include a like provision for work to be performed under this Contract to contractually bind or otherwise oblige its subcontractors performing work under this Contract such that the City's ownership rights of all Work Products are preserved and protected as intended herein. Failure of supplier to comply with this requirement or to obtain the compliance of its subcontractors with such obligations shall subject supplier to damages paid to the CITY and the imposition of any and all sanctions allowed by law, including but not limited to termination of supplier's contract with the CITY.

For all Intellectual Property (1) that have already been created, legally perfected or reduced to practice by whomever prior to the performance of this Contract (Pre-existing Intellectual Property) and (2) that are enmeshed in or discretely made part of the Work Products, supplier hereby grants and/or will cause the third-party Pre-existing Intellectual Property right owner to grant CITY, including its agents and consultants a royalty-paid, perpetual, irrevocable license to use such Pre-existing Intellectual Property so as to maximize the City's benefits from and use of the Work Products.

GTC-33. Freight Charges:

Freight charges must be authorized in the contract. Authorized freight charges exceeding $75.00, except postal deliveries or when the vendor uses its own truck, must have supporting documentation.

GTC-34. Contractor's Use of Criminal History for Consideration of Employment Applications:

Supplier shall comply with the City Contractors' Use of Criminal History for Consideration of Employment Applications Ordinance; Los Angeles Administrative Code Section l 0.48 et seq., as amended from time to time expanding the rights afforded applicants for employment with the City's suppliers and subcontractors. "Employers will be prohibited from inquiring into an employment applicant's criminal history unless and until a conditional offer of employment is made to the applicant.

An employer that fails to comply with the requirements of this ordinance will be subject to, among other things, termination of its City contract." Any subcontract entered into by CONTRACTOR for work to be performed under this Contract must include an identical provision.

GTC-35. Iran Contracting Act of 2010:

A supplier at the time of bid or proposal for a new contract, or renewal of an existing contract with City for goods or services estimated at one million dollars ($1,000,000) or more shall represent and warrant that Supplier is not subject to sanctions or is otherwise identified on any list of prohibited or restricted parties engaged in investment activities in Iran after July 1, 2010 maintained by the State Department of General Services under California Public Contract Code Sections 2200-2208.

GTC-36. Border Wall Contracting Disclosure Ordinance:
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240000000060 Final Slurry-Premix REAS, and Rental Equip. Total Pages : 25 Supplier represents that, to the best of its knowledge , it currently does not hold any contracts, nor is it actively bidding or proposing to provide goods or services for the design, construction, operation or maintenance of federally funded wall, fence or other barrier along the border between the United States and Mexico. Should Supplier in the future submit any bid or proposal or be awarded such a contract, the City shall have the sole discretion to terminate the Contract.

GTC-37. Compliance with Identity Theft Laws and Payment Card Data Security Standards:

Contractor shall comply with all identity theft laws including without limitation, laws related to: (1) payment devices; (2) credit and debit card fraud; and (3) the Fair and Accurate Credit Transactions Act ("F ACTA"), including its requirement relating to the content of transaction receipts provided to Customers. Contractor also shall comply with all requirements related to maintaining compliance with Payment Card Industry Data Security Standards ("PCI DSS"). During the performance of any service to install, program or update payment devices equipped to conduct credit or debit card transactions, including PCI DSS services, Contractor shall verify proper truncation of receipts in compliance with FACTA.

GTC-38. Confidentiality:

All documents, information and materials provided to contractor by City or developed by Contractor pursuant to this Contract ( collectively "Confidential Information") are confidential. Contractor shall not provide or disclose any Confidential Information or their contents or any information therein, either orally or in writing, to any person or entity, except as authorized by City or as required by law. Contractor shall immediately notify City of any attempt by a third party to obtain access to any Confidential Information.

This provision will survive expiration or termination of this Contract.

GTC-39. COVID-19:

Employees of Contractor and/or persons working on its behalf, including, but not limited to, subcontractors (collectively, "Contractor Personnel"), while performing services under this Agreement and prior to interacting in person with City employees, contractors, volunteers , or members of the public (collectively, "In-Person Services") must be fully vaccinated against the novel coronavirus 2019 ("COVID-19"). "Fully vaccinated" means that 14 or more days have passed since Contractor Personnel have received the final dose of a two-dose COVID-19 vaccine series (Modema or Pfizer-BioNTech) or a single dose of a one-dose COVID -19 vaccine (Johnson & Johnson/Janssen) and all booster doses recommended by the Centers for Disease Control and Prevention. Prior to assigning Contractor Personnel to perform In -Person Services, Contractor shall obtain proof that such Contractor Personnel have been fully vaccinated. Contractor shall retain such proof for the document retention period set forth in this Agreement. Contractor shall grant medical or religious exemptions ("Exemptions") to Contractor Personnel as required by law . If Contractor wishes to assign Contractor Personnel with Exemptions to perform in person Services, Contractor shall require such Contractor Personnel to undergo weekly COVID-19 testing , with the full cost of testing to be borne by Contractor. If Contractor Personnel test positive, they shall not be assigned to perform In -Person Services or, to the extent they have already been performing In-Person Services, shall be immediately removed from those assignments . Furthermore, Contractor shall immediately notify City if Contractor Personnel performing In-Person Services (1) have tested positive for or have been diagnosed with COVID-19, (2) have been informed by a medical professional that they are likely to have COVID -19, or (3) meet the criteria for isolation under applicable government orders .

GTC-40. COVID-19: Equitable Access to Contracting Opportunities Executive Directive 35 (ED 35) was signed August 25, 2022 to provide insight into the demographics of the City's contractors . To ensure that all requirements of ED 35 are completed, the Office of Procurement has updated LAPOP to automate some of the data gathering requirements . The information collected is self-attested . Contractors do not need to be certified as minority-owned or women-owned business enterprises to self-disclose as one. The demographic information collection is for informational purposes only and is not part of the bidding, bid evaluation, or awarding process (in accordance with Prop 209); however, the information collected may be used to inform self-attested contractors of free certifications provided by the City of Los Angeles for businesses in LA County. 12/20/2022 8-36

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END OF GENERAL TERMS AND CONDITIONS FOR

CITY OF LOS ANGELES PURCHASING AGENT CONTRACTS
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FROM:

DATE:

CONTRACT SUMMARY
Ben Torres, Planning Manager
July 18, 2024
SUBJECT: Awarding Professional Services Agreement with Urbana Preservation & Planning LLC for the Historic Resources Survey Update Project Background:

In 2003 the City of Rancho Mirage (City) completed its first intensive level survey of historic resources to serve as the backbone of the newly established historic preservation program . The survey identified 105 properties including two historic districts. The 2003 Historic Resources Survey primarily consists of single-family homes with a few commercial properties identified ranging in year built from 1934 to 1978 . Currently, there are 76 designated properties and two historic districts within the City. Most of the currently designated properties were part of the original 2003 Historic Resources Survey (46 properties from the survey are designated and both historic districts). A comprehensive update to the City's 2003 Historic Resources Survey is needed given that it is over 21 years old.

Discussion:

The City issued a Request for Proposals (RFP) on May 14, 2024 with a bid closing date of June 12, 2024 . Five proposals for the Historic Resources Survey Update were received. The responsive low bid was submitted by Urbana Preservation & Planning LLC with a total bid amount of $86,576.

Fiscal Impact:

The total cost of the proposed contract will not exceed $100,000 . The City budgeted for the Historic Resources Survey Update in the Fiscal Year 2024/2025 budget (General Fund). No budget adjustment is required .
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