Bell City Council
September 14, 2022

Agenda
Regular Meeting of the
B
ell City Council/Bell Community Housing Authority/Successor Agency to the Bell Community Redevelopment Agency/ Bell Public Finance Authority Wednesday, September 14, 2022
C

LOSED SESSION CANCELLED
7:00 P.M. OPEN SESSION
BEL

L COMMUNITY CENTER
6250 PINE AVENUE, BELL CA 90201
Monica Arroyo
Mayor
F
idencio J. Gallardo A
na Maria Quintana
Vice-Mayor Council Member

Alicia Romero Ali Saleh
Council Member Council Member

Welcome to the City Council Meeting
The Bell City Council and staff welcome you. This is your City Government.

Individual participation is a basic part of American Democracy and all Bell residents are encouraged to attend meetings of the City Council. Regular City Council meetings are held the second and fourth Wednesday of the m onth at 7:00 p.m., Bell Co mmunity Center , 6 250 Pine Avenue. For more information, you may call City Hall during regular business hours 8:00 a.m. to 4:00 p.m., Monday through Friday at (323) 588-6211 Extension 2615.

City Council Organization
T
here are five City Council members, one of whom serves as Mayor and is the presiding officer of the City Council. These are your elected representatives who act as a Board of Directors for the City of Bell. City Council members are like you, concerned residents of the community who provide guidance in the operation of your City.

Addressing the City Council
I
f you wish to speak to the City Council on any item which is listed or not listed on the City Council Agenda, please complete a Request to Speak Card available in the back of the City Council Chambers. Please submit the completed card to the City Clerk p rior to the meeting. The Mayor will call you to the microphone at the appropriate time if you have filled out a Request to Speak Card. At that time, approach the podium and please clearly state your name and address, and proceed to make your comments.

Compliance with Americans with Disabilities Act
T
he City of Bell, in complying with the Americans with Disabilities Act (ADA), request individuals who require special accommodation(s) to access, attend, and or participate in a City meeting due to disability. Please contact the City Clerk’s Office, (323) 588 -6211, Ext. 2615 , at least one business day prior to the scheduled meeting to ensure that we may assist you.

Statement Regarding Compensation for Members of the Bell City Council Compensation for the members of the Bell City Council is $673 a month. In accordance with Government Code Section 54952.3, Councilmembers will not receive any additional compensation or stipend for the convening of the following regular meetings: Successor Agency to the Bell Community Redevelopment Agency, the Bell Community Housing Authority, the Bell Public Finance Authority, the Bell Surplus Property Authority, and the Bell Solid Waste Authority.

Meeting of the
Bell City Council and Related Agencies
September 14, 2022

REGULAR JOINT MEETING OF THE
B
ell City Council/Bell Community Housing Authority/Successor Agency to the Bell Community Redevelopment Agency/Bell Public Finance Authority S
eptember 14, 2022
C
losed Session Cancelled
7:00 P.M. Regular Meeting
Locat
ion: Bell Community Center, 6250 Pine Avenue, Bell CA 90201

C
all to Order
R
oll Call of the City Council in their capacities as Councilmembers/Members of all Related Agencies: Quintana, Romero, Saleh, Gallardo and Arroyo P
ledge of Allegiance
C
ity Attorney Report
N
one
P
resentations and Recognitions
R
ecognition of Mayor Romero for her term as Mayor from April 14, 2021 through August 24, 2022.

P
roclamation declaring September 2022 as Child Welfare & Attendance Month C
ommunications from the Public
Thi
s is the time members of the public may address the City Council and related Authorities and Agencies on items that are on the agenda and on non- agenda items that are under the subject matter jurisdiction of City Council and/or its related authorities and agencies. (Each speaker is limited to three minutes)

MEETING WILL BE HELD IN-PERSON AT THE BELL COMMUNITY CENTER PUBLIC COMMENT: If you wish to make a comment on items listed on the agenda, you may attend the meeting in -person at Bell Community Center. Please complete a Request to Speak Card available in the location and wait until the mayor calls you to approach the podium. Please clearly state your name and address and proceed to make your comments .

You may also subm it input electronically through a temporary public comment email established for City of Bell City Council meetings at [email protected]. Your written comment must be submitted by 4pm on Wednesday, September 14, 2022.

Any emails received after the time indicated will not be included in the record. Written Comments will be subject to the three minute time limitation (approximately 350 words).

The meeting will be recorded and live streamed on the City’s website at http://www.cityofbell.org/?NavID=101 Meeting of the
Bell City Council and Related Agencies
September 14, 2022
Mayor and City Council Communications
P
ursuant to Assembly Bill 1234, this is the time and place to provide a brief report on meetings, seminars and conferences attended by the Mayor and City Councilmembers.

C
ity Manager Report
I
n this portion of the agenda, the City Manager will provide a brief report on items of interest to the City Council and/or the community.

P
ublic Hearing(s)
The f
ollowing item has been posted as a Public Hearing as required by law. The Mayor will open the Public Hearing(s) to receive public testimony only on the item(s) listed under this section.

1. C
onsideration of an Interim Urgency Ordinance (No. 1273) declaring a Citywide moratorium on the establishment or relocation of medical and dental clinics in the C -3; direct the City Manager to have the Community Development Department and the Planning Comm ission review the development standards for medical and dental clinics, survey development standards for medical and dental clinics in other cities and conduct additional research on the number of medical and dental clinics as a proportion of the population in Bell and other surrounding jurisdictions. (Council)
R
ecommendation: It is recommended that the City Council read by title only, waive further reading and adopt Ordinance No. 1273:

A

N INTERIM URGENCY ORDINANCE OF THE CITY OF BELL

PROHIBITING THE EST ABLISHMENT OR RELOCATION OF
NEW MEDICAL AND DENTAL CLINICS IN THE C- 3 ZONE AND

DECLARING THE URGENCY THEREOF
B
usiness Session

2. S
tudy Session for Consideration of Atlantic Avenue Specific Plan Urban Design. (Council) R
ecommendation: It is recommended that the City Council conduct the study session on the Atlantic Avenue Specific Plan and provide input on the development scenarios.

3. A
ppointments to the Planning Commission to Fill Two (2) Vacancies. (City Council) R
ecommendation: It is recommended that:

1. C
ouncilmembers Quintana and Romero each nominate a member to the Planni ng C
ommission; and

2. For
the City Council to read by title only, waive further reading and adopt Resolution 2022-53 titled:

A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BELL APPROVING TWO (2) APPOINTMENTS TO THE

PLANNING COMMISSION
Meeting of the
Bell City Council and Related Agencies
September 14, 2022

4. C
onsideration to approve an Agreement with ATI Restoration, LLC for the Demolition and Removal of Unit No. 78 at Bell Mobile Home Park. (Bell Community Housing Authority) R
ecommendation: It is recommended that the Chair and Members of the Board:

1. A
pprove an Agreement with ATI Restoration, LLC for a contract amount not to exceed $33,578.60; and

2. R
ead by title only, waive further reading, and adopt Resolution No. 2022-54 titled:
“

A RESOLUTION OF THE BELL COMMUNITY HOUSING

AUTHORITY (BCHA) APPROVING AN AGREEMENT WITH ATI
RESTORATION, LLC AND AUTHORIZING FY 2022-23 BUDGET
AMENDMENT TO TRANSFER $33,600 FROM BCHA FUND

BALANCE RESERVE TO THE BCHA ACCOUNT FOR OUTSIDE

PROFESSIONAL SERVICES FOR THE REMOVAL OF BURNT
UNIT NO. 78 AT BELL MOBILE HOME PARK”

5. C
onsideration to Approve Amendment No. 2 with Global Paratransit Inc. for Paratransit Services. (City Council)
R
ecommendation: It is recommended that the City Council Approve Amendment No. 2 with Global Paratransit Inc., for paratransit services for a one- year term from September 20, 2022, through September 19, 2023, and annual compensation not to exceed $438,022.24.

C
onsent Calendar
The
following Consent Calendar items are expected to be routine and non- controversial. They are acted upon by the City Council and related authorities at one time without discussion. The reading of the full text of ordinances and resolutions will be waived unless a Councilmember requests otherwise.

R
ecommendation: Approve agenda items 6 through 8.
6 . General Warrants, Successor Agency to the Bell Community Redevelopment Agency and Community Housing Authority Warrants dated September 14, 2022 . (Council/Successor Agency to the Bell Community Redevelopment Agency/Bell Community Housing Authority).

7. I
t is recommended that the City Council:

1. R
ead by title only, waive further reading and adopt Resolution No. 2022-58 titled:
“A RE

SOLUTION OF THE CITY COUNCIL OF THE CITY OF
BELL ACCEPTING THE 4500 GAGE AVENUE DEMOLITION

PROJECT AS COMPLETE AND AUTHORIZING STAFF TO

PREPARE AND FILE THE NOTICE OF COMPLETION WITH

THE LOS ANGELES COUNTY REGISTRAR - RECORDER
OFFICE”

2. A
uthorize staff to release retention thirty – five (35) days after filing of the Notice of Completion.

Meeting of the
Bell City Council and Related Agencies
September 14, 2022

8. I t is recommended that City Council reject all bids for the Citywide Battery Backup System Material Procurement.

P
ending Items – None
N
ext Regular Meeting, Wednesday, September 28, 2022
I
, Angela Bustamante, City Clerk of the City of Bell, certify that a true, accurate copy of the foregoing agenda was posted on September 9, 2022 at least seventy-two (72) hours prior to the meeting as required by law.
________________________________

Angela Bustamante, City Clerk

REGULAR MEETING OF THE
BE

LL CITY COUNCIL AND RELATED AGENCIES
S
eptember 14, 2022
Cl
osed Session Cancelled
7:00 P.M. Regular Session
I
NDEX
A
genda Category Item Number Page Numbers
C
LOSED SESSION None
AG
ENDA & INDEX 1-7
B
USINESS SESSION 1 8-16
2 17-52
3 53-56
4 57-118
5 119-157
CO
NSENT CALENDAR 6 158-257
7 258-262
8 263
01135.0001/743367.2 Page 1 of 3
City of Bell
Agenda Report

DATE: September 14, 2022

TO: Mayor and Members of the City Council

FROM: Manuel Acosta, Community Development Director

PREPARED
BY: Paula Kelly, Special Projects, Planning Division

APPROVED Michael L. Antwine II (e-signature)
BY: __________________________________
Michael L. Antwine II, City Manager

SUBJECT:

Consideration of an Interim Urgency Ordinance (No. 1273) declaring a Citywide moratorium on the establishment or relocation of medical and dental clinics in the C-3; direct the City Manager to have the Community Development Department and the Planning Commission review the development standards for medical and dental clinics, survey development standards for medical and dental clinics in other cities and conduct additional research on the number of medical and dental clinics as a proportion of the population in Bell and other surrounding jurisdictions.

RECOMMENDATION:

It is recommended that the City Council read by title only, waive further reading and adopt Ordinance No. 1273:

AN INTERIM URGENCY ORDINANCE OF THE CITY OF BELL

PROHIBITING THE ESTABLISHMENT OR RELOCATION OF
NEW MEDICAL AND DENTAL CLINICS IN THE C- 3 ZONE AND

DECLARING THE URGENCY THEREOF

That urgency measure shall require a four-fifths vote of the legislative body for adoption. The interim ordinance shall be of no further force and effect forty-five days from its date of adoption.

After additional public notice and public hearing, the legislative body may extend the interim ordinance for twenty-two months and fifteen days. Any extension shall also require a four-fifths vote for adoption.

BACKGROUND:

According to Chapter 17.08 of the Bell Municipal Code (“BMC”), medical and dental clinics are defined as follows:

“Medical and/or dental clinic” means any facility providing physical health service, or medical, surgical or dental care of the sick or injured, but shall not include in- patient or overnight accommodations. “Medical clinic” includes health center, health clinic, doctors’ and dentists’ offices.

AGENDA ITEM 1

01135.0001/743367.2 Page 2 of 3

There are currently a total of 23 medical clinics and 16 dental clinics – a total of 39 clinics in the City of Bell (refer to attached map and list of these facilities). Due to a recent proliferation of medical and dental clinics, including medical offices, urgent care facilities, clinics, and treatment centers, the City is currently studying new zoning code regulations for these uses. Continuing to allow medical and dental clinics without additional regulations could lead to a proliferation of such clinics. However, staff is not able to analyze the situation until additional research is completed during the moratorium. These uses are treated as a type of professional office and approved administratively due to the lack of specific use classifications for health care- related uses. The proliferation of medical and dental clinics can have a detrimental impact on economic development goals, and the diversity of commercial land uses in commercial districts in the City including use of commercial properties for mixed use and thereby increasing housing to meet the community needs and City RHNA requirements. This Ordinance is necessary to prevent the establishment of additional medical and dental clinics while the City studies the appropriate locations and consistent standards for these uses.

To protect the public safety, health, and welfare, a jurisdiction may adopt an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, Planning Commission or the Planning Division is considering or studying or intends to study within a reasonable time.

The following General Plan policies may be in conflict with medical and dental clinic uses that lack regulation:

Land Use and Sustainability Element Policy 26. The City of Bell shall continue to promote and support revitalization of the commercial districts in the City. The City shall continue to enhance the “Central City Area,” promote the creation of smaller commercial neighborhood centers at key intersections, and discourage further strip commercial development. The City shall also strive to minimize or eliminate conflicts while at the same time marketing the City as an optimal location for new business opportunities as well as business retention.

Land Use and Sustainability Element Policy 27.

The City of Bell shall strengthen commercial
and industrial uses by working in conjunction with existing and prospective merchants and investors, encouraging mixed- use projects that contain a variety of compatible uses, and working with the Chamber of Commerce.

Land Use and Sustainability Element Policy 28.

The City of Bell shall encourage mixed use
projects in key locations to provide additional market support and patronage of local businesses.

This concept will be encouraged in the future infill development of underutilized and blighted commercially zoned parcels. The City shall encourage the assembling of adjoining small or odd shaped parcels in order to create more viable developments. Finally, the City shall market the new Mixed-Use land use designation to the development community.

The proliferation of Medical and Dental Clinics throughout the City without due consideration presents an immediate threat to public health, safety, or welfare.

SECTION 3. Bell’s median household income of $47,740 in 2020 was 33 percent lower than the county median of $71,358; with 23 percent of Bell households with incomes at or below the poverty level. Because of the relatively low household income, the City’s residents may be vulnerable to those engaged in Medicare and Medi -cal fraud and the City could be targeted by those medical and dental clinics (i.e., those dental clinics that provide coverage for Medi -cal patients) engaged in such fraud. Given the number of people in California that are on Medi -Cal

01135.0001/743367.2 Page 3 of 3
and the high number of low-income households in Bell, it would follow that Bell could be a target for those engaged in Medi-Cal fraud1.

Medical and Dental Clinics are currently permitted as a use by right in the C -3 zone, requiring approval of only a Business L icense. Staff will consider a more in depth evaluation of each medical and dental clinic that locates in the City by establishing regulations to help ensure the community is protected from undue proliferation of such clinics and the related loss of desirable commercial sites throughout the City and bad business practices including insurance, Medi -cal or Medicare fraud.

ENVIRONMENTAL REVIEW:

The City, as the Lead Agency, determined that the proposed moratorium is exempt from further review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”). Section 15061(b)(3) of the CEQA Guidelines provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment.

Where it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment, the activity is not subject to CEQA.

FISCAL IMPACT:

There will be no fiscal and/or resource impact to the City as a result of this moratorium.

ATTACHMENTS:

1. Ordinance No. 1273

2. Map and List of Medical and Dental Clinics in Bell

1 Medi-Cal, California’s Medicaid program, is the state’s health insurance program for Californians with low income, including nearly 4 in 10 children, one in five nonelderly adults, and two million seniors and people with disabilities. It also pays for more than 50% of all births in the state and 55% of all patient days in long-term care facilities.* In total, over 13 million Californians — one in three — rely on the program for health coverage. Medi-Cal pays for essential primary, specialty, acute, behavioral health, and long-term care services.Source: CA Health Care Foundation, 2021 Edition Medi-Cal Facts and Figures.

01135.0001/814911.1 Page 1 of 5 Ordinance 1273
ORDINANCE NO. 1273

AN INTERIM URGENCY ORDINANCE OF THE CITY OF BELL

PROHIBITING THE ESTABLISHMENT OR RELOCATION OF
NEW MEDICAL AND DENTAL CLINICS IN THE C-3 ZONE AND

DECLARING THE URGENCY THEREOF

THE BELL CITY COUNCIL DOES ORDAIN AS FOLLOWS:

WHEREAS, the City of Bell ("City") has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the City pursuant to its Charter and California Constitution Article XI, section 7; and

WHEREAS, the City has a compelling interest in protecting the public health, safety, and welfare of its citizens, residents, visitors, and businesses, and in preserving the peace and quiet of the neighborhoods within the City by regulating the establishment and expansion and relocation of medical and dental clinics (as defined below) within City limits; and

WHEREAS, the City is responsible for adopting and implementing land use regulations within its boundaries; and

WHEREAS, Bell Municipal Code ("BMC") Section 17.32.020(28) (68) allows for dental and medical clinics as permitted uses and therefore only a business license is required for said uses in the C-3 zone; and

WHEREAS, the City has no other development standards or regulations applicable to the dental and medical clinics; and

WHEREAS, the City's permissive policy towards dental and medical clinics could result in a proliferation or oversaturation of said uses within the City and possible fraud related to Medi-Cal patients; and

WHEREAS, the proliferation of dental and medical clinics throughout the City without due consideration presents an immediate threat to public health, safety, or welfare; and

WHEREAS, dental and medical clinics are currently permitted as a use by right, requiring approval of only a business license; and

WHEREAS, Government Code Sections 36934, 36937, and 65858 expressly authorize the City Council to adopt an urgency ordinance for the immediate preservation of the public peace, health or safety and to prohibit a use that is in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, Planning Commission or the Planning Division is considering or studying or intends to study within a reasonable time; and

WHEREAS, City staff require time to study and develop appropriate regulations that are consistent with State and Federal law; and

WHEREAS, on September 14, 2022, the City Council conducted a public hearing concerning this Ordinance , and imposed a temporary forty -five (45) day moratorium on the establishment, expansion and relocation of dental and medical clinics within the City of Bell

01135.0001/814911.1 Page 2 of 5 Ordinance 1273
(“Moratorium”) based upon immediate threats to public health, safety, and welfare, which include, but are not limited to:

1. Dental and medical clinics are currently permitted as a use by right, requiring approval of only a business license; and

2. The related loss of desirable commercial sites throughout the City; and

3. Bad business practices including insurance, Medi-cal or Medicare fraud.

WHEREAS, notice of the p ublic hearing was posted and published on September 2, 2022; and

WHEREAS, pursuant to the above- described express statutory authority and its police power, the City Council desires, on an urgency basis, to temporarily prohibit establishment of new, or the expansion or relocation of existing dental and medical clinics within the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL, CAL IFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. Moratorium. Notwithstanding any other ordinance or provision of the Bell Municipal Code, no application for a building permit, site plan review, or any land use entitlement including a Business License shall be accepted for processing or approved for the establishment or relocation of medical and dental clinics anywhere in the City unless the City has issued a use permit for such use prior to adoption of this Ordinance. For purposes of this Ordinance, a medical and dental clinic is defined to mean “any facility providing physical health service, or medical, surgical or dental care of the sick or injured, but shall not include in- patient or overnight accommodations. ‘Medical clinic’ includes health center, health clinic, doctors’ and dentists’ offices.” (Bell Municipal Code (“BMC”) § 17.08.458)

SECTION 2. There are currently 23 medical clinics and 16 dental clinics – for a total of 39 clinics in the City of Bell (refer to attached map and list of these facilities). Due to a recent proliferation of medical and dental clinics in the C-3 zone, including medical offices, urgent care facilities, clinics, and treatment centers, the City is currently studying new zoning code regulations for these uses. Continuing to allow medical and dental clinics without appropriate regulations could lead to a related loss of desirable commercial sites throughout the City and bad business practices including insurance, Medi-cal or Medicare fraud. However, staff needs additional time to analyze the impacts from such uses. Said research will be completed during the moratorium. Currently, these uses are treated as a type of professional office and approved administratively due to the municipal code’s lack of specific regulations for health care -related uses. Without additional regulation, the proliferation of medical and dental clinics can have a detrimental impact on economic development goals, potential sales tax revenues and the diversity of commercial land uses in commercial districts in the City. Because of the relatively low household income in Bell (see Section 3), the City’s residents may be vulnerable to those engaged in Medicare and Medi -cal fraud and the City could be targeted by those medical and dental clinics (i.e., those dental clinics that provide coverage for Medi -cal patients) engaged in such fraud.

This Ordinance is necessary to prevent the establishment of additional medical and dental clinics while the City studies the appropriate locations and regulatory standards for these uses.

SECTION 3. Bell’s median household income of $47,740 in 2020 was 33 percent lower than the county median of $71,358; with 23 percent of Bell households with incomes at or below

01135.0001/814911.1 Page 3 of 5 Ordinance 1273
the poverty level. Because of the relatively low household income, the City’s residents may be vulnerable to those engaged in Medicare and Medi -cal fraud and the City could be targeted by those medical and dental clinics (i.e., those dental clinics that provide coverage for Medi -cal patients) engaged in such fraud.

The proliferation of medical and dental clinics can also result in the loss of desirable commercial sites throughout the City.

SECTION 4. According to Chapter 17.08, Section 17.08.458, of the Bell Municipal Code (“BMC”), medical and dental clinics are defined as follows:

“Medical and/or dental clinic” means any facility providing physical health service, or medical, surgical or dental care of the sick or injured, but shall not include in- patient or overnight accommodations. “Medical clinic” includes health center, health clinic, doctors’ and dentists’ offices.

SECTION 5. This Ordinance does not apply to residential care facilities that serve six or fewer persons or dialysis centers.

SECTION 6. Term. This Ordinance shall expire, and the moratorium on new medical and dental clinics imposed hereby shall terminate, 45 days after the adoption of this Ordinance, unless extended by the City Council at a regularly noticed public hearing pursuant to Cal ifornia Government Code Section 65858.

SECTION 10. Legislative Findings. Due to a recent proliferation of medical and dental clinics , including medical offices, urgent care facilities, and clinics, in the City, the City is currently studying new zoning code regulations for these uses. Many of these uses are treated as a type of professional office and approved ministerially due to the lack of specific regulations for certain health care-related uses. The proliferation of new medical and dental clinics has a detrimental impact on economic development goals, potential sales tax revenues , and the diversity of commercial land uses in the City. Said uses do not promote the following General Plan policies and may therefore present inconsistencies with the City’s long-term goals:

Land Use and Sustainability Element Policy 26.

The City of Bell shall continue to promote and
support revitalization of the commercial districts in the City. The City shall continue to enhance the “Central City Area,” promote the creati on of smaller commercial neighborhood centers at key intersections, and discourage further strip commercial development. The City shall also strive to minimize or eliminate conflicts while at the same time marketing the City as an optimal location for new business opportunities as well as business retention.

Land Use and Sustainability Element Policy 27.

The City of Bell shall strengthen commercial
and industrial uses by working in conjunction with existing and prospective merchants and investors, encouraging mixed- use projects that contain a variety of compatible uses, and working with the Chamber of Commerce.

Land Use and Sustainability Element Policy 28. The City of Bell shall encourage mixed use projects in key locations to provide additional market support and patronage of local businesses.

This concept will be encouraged in the future infill development of underutilized and blighted commercially zoned parcels. The City shall encourage the assembling of adjoining small or odd shaped parcels in order to create more viable developments. Finally, the City shall market the new Mixed-Use land use designation to the development community.

01135.0001/814911.1 Page 4 of 5 Ordinance 1273
SECTION 11. This Ordinance is necessary to prevent the establishment of additional medical and dental clinics while the City studies the appropriate locations and consistent standards for these uses.

SECTION 12. The City Council finds that property owners are likely to submit applications for land use entitlements to establish medical and dental clinics. Due to the potential proliferation of these uses, the City needs to adopt this Ordinance to give the City time to modernize its use classifications for health -related uses and to establish permanent regulations for these uses.

The City intends to study and adopt permanent regulations within a reasonable time. The Department of Community Development, Planning Commission, the City Council, and the people of Bell require a reasonable, limited, yet sufficient amount of time to consider and establish permanent regulations to allow needed medical and dental clinics without causing a detrimental effect to the general welfare of the City. Given the time required to study and prepare new regulations, conduct duly noticed public hearings before the Planning Commission and the City Council, the City Council finds that this Ordinance is necessary to prevent the establishment of additional medical and dental clinics without appropriate regulations in place to protect the City’s long-term goals.

SECTION 13. Based upon the foregoing, the City Council hereby finds that there is a current and immediate threat to the public health, safety, or welfare if new medical and dental clinics were established in the City, and that the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for such uses which is required in order to comply with the City’s Zoning Ordinance would result in that threat to public health, safety, or welfare. Due to the foregoing circumstances, it is necessary for the preservation of the public health, safety, and welfare for this Ordinance to take effect imm ediately. This Ordinance is an urgency ordinance for the immediate preservation of the public peace, health, and safety within the meaning of Government Code Sections 65858 and 36937(b) and therefore shall be passed immediately upon its introduction and shall become effective immediately upon its adoption.

PASSED, APPROVED AND ADOPTED by the Bell City Council on the 14 th day of
September 2022.

______________________________
Monica Arroyo, Mayor

ATTEST:

_________________________
Angela Bustamante, City Clerk

APPROVED AS TO FORM:

________________________
David Aleshire, City Attorney

01135.0001/814911.1 Page 5 of 5 Ordinance 1273

CERTIFICATE OF ATTESTATION AND ORIGINALITY

I, Angela Bustamante, City Clerk of the City of Bell, hereby attest to and certify that the foregoing urgency ordinance is the original ordinance adopted by the Bell City Council at its regular meeting held on the 14th day of September, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_______________________
Angela Bustamante, City Clerk

Dental and Medical Businesses in the
City of Bell

City of Bell Business Licenses as of 08/25/22
Medical Dental

City Council
Agenda Report
D
ATE: September 14, 2022
TO
: Mayor and Members of the City Council
F
ROM: Manuel Acosta, Community Development Director
PR
EPARED
BY: Paula Kelly, Special Projects, Planning Division
APPR
OVED Michael L. Antwine II (e-signature)
BY: __________________________________
Michael L. Antwine II, City Manager
SU
BJECT: Study Session for Consideration of Atlantic Avenue Specific Plan Urban Design RECOMMENDATION:

I
t is recommended that the City Council conduct the study ses sion on th e Atlantic Avenue Specific Plan and provide input on the development scenarios.

BACKGROUND:

The A
tlantic Avenue Corridor is a one -mile corridor running north to south through the heart of Bell and is c urrently the main business and commercial c orridor. The city has initiated the preparation of the Atlantic Avenue Specific Plan. The Plan will recommend appropriate zoning and development guidelines to permit and guide future commercial and mixed- use development.

The pur
pose of the Specific Plan is to develop a shopper - and pedestrian-friendly corridor with infrastructure improvements to create a safer, more enjoyable experience.

The pur
pose of this Study Session is to provide and update , review and evaluate development scenarios that are focused on the Atlantic and Gage corridor, since it is a major intersection in the City and has high traffic volumes.

FISCAL IMPACT:

None.

ATTACHMENT:

1. PowerPoint Presentation
AGENDA ITEM 2

Urban Design Framework Alternatives
Atlantic Avenue Specific Plan
September 14, 2022
Manuel Acosta, Community Development Director (City of Bell) Philip Burns & Lance Lowrey (The Arroyo Group)
Moises Gomez (LANI)

Introduction to the Atlantic
Avenue Specific Plan
1

About the Atlantic Avenue Specific Plan
• The Atlantic Avenue Corridor is a 1-mi le
corridor running north to south through
the heart of Bell.
• Currently the ma in business and
commercial corridor in Bell.
• City has initiated the preparation of the
At
lantic Avenue Specific Plan. The Plan
will recommend appropriate zoning and
development guidelines to permit and
guide future commercial and mixed-use
developments.
• The Plan aims to develop a shopper-
and pe
destrian-friendly Corridor with
infrastructure improvements to create
a safer, more enjoyable experience.

Community Engagement Timeline
Today

The Setting2

Regulatory Framework
Relationship to the General Plan and Zoning:
• 3 key issues addressed in the General Plan
are
consistent: Infill Opportunities for New
Residential Development, Commercial
Revitalization, Rebirth of Downtown Bell.
• Corridor is Commercial Land Use, C-3 z
one.

No residential uses currently allowed.
• 2021-2019 Housing Element Update
c
ommits to allowing housing as mixed-use.
• The Specific Plan is anticipated to establish
zo
ning and development standards for the
Corridor.
• The Corridor will be rezoned to allow mixed
use
developments, including residential
uses.

Existing Land Uses
• Most prevalent existing land uses within the Plan
Are
a: Retail, Residential, Government Owned, Vacant,
Industrial, and Office/Professional.

Possible Issues of Concern:
• Floor area ratio (FAR) for existing retail is 0.41,
mean
ing parking and loading areas (paved asphalt)
comprise close to 59% of Atlantic Avenue’s land area.
• Lack of sufficient open space within Plan Area.
• Lack of walkable, pedestrian friendly frontages along At
lantic Avenue.

Gated Frontages
Blank Walls
Drive-throughs

Parking Utilization
• Off-street parking utilization:
• B
ell Palm Plaza – 37 % parking utilization.

Majority of parking demand occurs closer
to Gage Avenue.
• Northgate lot – 45 % parking utilization.

Highest demand nearest market.
• CVS/O’Reilly lot – 53 % parking utilization.

Majority of parking demand occurs to
south, near CVS.
• On-street parking utilization:
• A
tlantic Avenue – Majo rity of parking
demand occurs on east side of street, as
major shopping centers are on west side.

Highest parking utilization, 68%, between
Gage and Brompton.
• Clarkson Avenue – 35
% parking utilization
between Randolph and Gage. 42%
utilization between Gage and Bell.

Opportunity Areas and Sites
Smaller new development opportunities
Sites with multiple opportunities:
- Upgrade buildings/pursue more active tenants
- Replace buildings with new development
Publicly owned in development
Potential extension of publicly owned land
Large center opportunities for incremental infill
Vacant
Publicly owned

Opportunity Areas and Sites
The City will release a Request for Proposal for development of ten publicly owned sites, in compliance with the Surplus Land Act. The sites can accommodate at least 300 residential units, 25% of which are required to be affordable for lower-income households.

Publicly owned
Large center opportunities for incremental infill
Vacant

New Construction Residential/
Mixed-Use
Older Commercial Building Restoration
Opportunity Areas and Sites
New Development Opportunity
Commercial Building
Smaller new development opportunities
Sites with multiple opportunities:
- Upgrade buildings/pursue more active tenants
- Replace buildings with new development

The Community Vision:

Engagement Results
3

Survey Engagement
259 total respondents.
79% of respondents live in Bell. Others shop,
work, or visit Bell.
50% of respondents own property in Bell. 92%
of property-owning respondents owned
residential property.
30% of property-owning respondents own
property within the Specific Plan Area.

Surveys were collected through the following
methods: Online surveys, business canvassing,
engagement with leadership of local schools, in-
person engagement at City events, grocery
stores, Border X Brewing, and other community
hubs/events.
259 total respondents.

Top Needs for the Corridor

Comparison Places
Top Selections from Survey:

The Promenade, Downey
Uptown Whittier
Pasadena Playhouse District

Vision: A New Downtown Bell

Market Inputs and
Alternatives Criteria
4

Market Inputs

1. Little new development pencils out on the corridor > a) Leverage public land, bec ause private land is unlikely to turn on its own b) Focus on Atlantic/Gage corner

2. Regionally, retail is overbuilt, residential highly demanded. Bigger-bo x, single-tenant retail opportunities especially limited (groceries, few others) > Consider mixed-use and more creative retail

3. Creating a ‘spark’, bringing people is the key > Pl acemaking

4. Long-term fiscal benefit can result from creating an attractive place that p
ositively affects property values for an entire district.

5. Opportunity in low-co st, flexible, indoor/outdoor spaces for commercial/entertainment uses

6. Build on existing assets in the community

7. Engage second generation that lives in the City and nearby

Targeted Retail & Entertainment Use Types
Food Hall Anchor Restaurant Brewery
Inline retail types:
- Fast casual restaurants
- Cosmetics
- Electronics & phone stores
Inline in mixed use developments:
- Cafes
- Personal services (e.g. salons)
- Business services (e.g. coworking,
pr
int shops)
+

Criteria for Alternatives Evaluation

1. Responsiveness to the Community Vision

2. Placemaking, People Attraction and Impact on the larger co
rridor/district

3. Implementability, i ncluding such questions as:

1. What is the level of capital investment required?

2. Residual land value – can it pay for itself?

3. Utilization of community assets, attraction of
te
nants/customers already in the area

4. Can it be implemented through a public property RFP and th
e Surplus Land Act?

4. Fiscal Benefit

Alternatives5

Scenario 1: Retail Only Core
Continue shared
back parking lot
south to Bell Pl
Seek other locations for
residential development
Engage intersection
corners with iconic
architectural features
Entertainment
Inline Retail
Drive Thru
Shared
Amenity Plaza
Cul de sac of
Clarkson Ave
Entertainment or
Large Retail
Removal of
Ficus Trees

Scenario 1: Retail Only Core
Food Hall
Fast casual
restaurants
Cosmetics
Electronics and
Phone Stores
Potential Larger
Retailer (difficult
to attract)
e.g. Home
Furnishings,
Pharmacy
Potential Business Types
Drive-thru/
fast food

Scenario 1: Retail Only Core
Pasadena City College - Inline Retail
Glendora Public Market – Large Food Hall
KFC (Korea Town) - Iconic Drive Thru Architecture
Shared Outdoor Amenity Space
Pic of anchor retail
architecture type, show iconic
corner arch?

Scenario 2: Incremental Retail
Stand-alone
Retail Blocks
(~2,000 SF each)
Direct to Ground
Floor Units
Facing Gage
Multi-family
Residential
(at-grade parking)
Residential
Amenities
Shared Amenity
Plaza and Flexible
Use Space
Entertainment
Entertainment
Shared N-S
Parking Lot

Scenario 2: Incremental Retail
Fast Casual
Restaurants
Temporary
Vendors
(Arts/Culture,
Food)
Sit-Down
Restaurant
Potential Business Types
Sit-Down
Restaurant

Scenario 2: Incremental Retail
La Casita Mexicana – Anchor Restaurant
Kansas City Farmers Market – Flexible Use Market Space
Smorgasburg LA (ROW DTLA) - Flexible Use Event Space
Medium Density Residential
Pic of resi type / scale OR resi
amenities
Pic of SW development types

Scenario 3: City Center
260’
Engage intersection
corners with iconic
architectural features
Structured
Garage Parking
Shared Amenity
Plaza and Flexible
Use Space
Entertainment
Entertainment
Anchor Retail
Multi-family
Residential
Inline
Retail
Vertical Mixed-
use Development
Opportunity

Scenario 3: City Center
260’
Structured
Garage Parking
Shared Amenity
Plaza and Flexible
Use Space
Brewery
Food Hall
Sit-Down Restaurant
Café
Community Facility
(e.g. library,
education)
Co-working
Multi-family
Residential
Potential Business Types
Cafés
Fast casual restaurants
Beauty salons
Print shops

Scenario 3: City Center
Beer Garden/Food Hall with Outdoor Dining – Entertainment Retail with Residential Above
One Colorado (Pasadena) – Flexible-use Plaza Space
Paseo (Pasadena) - Store Spill-out and Paseos

Alternatives Evaluation
Scenario Community Vision Placemaking &
District Impact
Implementability Fiscal Benefit
I: Retail Only Core
SW – Retail + Drive
Through
Medium. Drive
through/ fast food
not as preferred as sit
down.

Medium. Drive-
through could cause
traffic, pedestrian
conflicts.

Medium. Development
already in motion;
nonnegative land
residual ($6/sf)
Medium. $80k to 120k surplus
Property Tax: $12k
Sales Tax: $97k
O&M Expense: $4k
SE – Entertainment
+ Retail Use
High. Entertainment
is top priority.

Medium. Lots of
energy but large
parking lot severs
walkability to east.

Low. Negative land
residual (-$37/sf);
difficult to anticipate
sufficient demand for
larger retail block
Medium. $100k to $150k
surplus if fully leased
Property Tax: $22k
Sales Tax: $115k
O&M Expense: $7k
Development Program:

SW – Retail + Drive Through (SW 1):
11,628 SF retail.
14,345 SF plaza.
64 retail parking spaces.

SE - Food Hall + Large Entertainment Use
(SE 1):
23,036 SF retail.
5,364 SF plaza.
112 retail parking spaces.

Alternatives Evaluation
Scenario Community Vision Placemaking &
District Impact
Implementability Fiscal Benefit
II: Incremental Retail
SW –
Entertainment
and Flexible Open
Space
High. ”Farmers
market” type
attraction with food
options.

High. If front area is
well programmed,
can become a
significant attraction.

Low. Negative land
residual (-$23/sf) and
requires significant
programming.

High. $100k to 150k surplus,
over time.

Property Tax: $15k
Sales Tax: $124k
O&M Expense: $4k
SE – Small Retail +
Residential
Medium. Retail and
parklet-type
environment.

High. Open space
communicates there
is activity, and
residential
contributes.

Medium. Low retail
costs make it easier;
residential is cost-
efficient. Zero land
residual ($0/sf)
Medium. $60k to $120k surplus
Property Tax: $101k
Sales Tax: $35k
Other Revenue: $40k
O&M Expense: $78k
Development Program:

SW – Food Hall/Brewery and Flexible Open
Space (SW 2b):
10,000 SF retail.
19,873 SF plaza.
94 retail parking spaces.

SE – Small Retail + Residential (SE 2b):
8,000 SF retail.
3,442 SF plaza.
60 retail parking spaces.
67 residential units with 78 parking spaces

Alternatives Evaluation
Scenario Community
Vision
Placemaking &
District Impact
Implementability Fiscal Benefit
III: City Center
SW –
Brewery/Food
Entertainment
Corner
High. Food options,
gathering and open
space.

High. Highlights
corner as center of
Bell and activates
new park.

Medium. Zero land
residual ($6/sf), but
could be made easier
with local anchor buy-in.

Very High. $150k to 250k surplus
Property Tax: $24k
Sales Tax: $228k
O&M Expenses: $6k
SE – Mixed-Use
Development
Medium. Open
space and retail.

Interior retail areas
might become
office.

High. Open space,
signature building
forms, possibility
for district parking.

Medium. Positive land
residual ($41/sf) but
new building type to
prove in Bell.

High. $150k to 250k surplus
Property Tax: $206k
Sales Tax: $90k
Other Revenue: $74k
O&M Expenses: $143k
Development Program:

SW – Brewery/Food Entertainment Corner
(SW 2a):
17,100 SF retail.
12,846 SF plaza.
94 retail parking spaces.

SE – Mixed-Use Development (SE 3a):
22,203 SF retail. 10,783 SF plaza.
52 retail parking spaces.
121 residential units.
178 residential parking spaces

Entire Corridor Framework
Primary Mixed-Use District
Secondary Mixed-Use District
Specific Plan Boundary
City Center Core
Open Space/ Streetscape
Residential
Retail
5 Minute Walk / 0.25 Miles Radius

1. Leverage publicly-ow ned properties at Atlantic/Gage to create a focal point

2. Implement planned streetscape improvements on Atlantic Boulevard and add additional street trees

3. Redevelop other publicly-owned sites with residential and mixed uses

4. Fill in area within 5-minute walk radius from corner with walkable commercial and mixed uses

5. Explore opportunities to create a second activity hub

6. Allow varied types of development in the southern portion of the street
1 2
3 4
5 6
5

Urban Design Framework Alternatives
Atlantic Avenue Specific Plan
September 14, 2022
Manuel Acosta (City of Bell)
Philip Burns & Lance Lowrey (The Arroyo Group)
Moises Gomez (LANI)

City of Bell
Agenda Report
D
ATE: September 14, 2022
TO
: Mayor and Members of the City Council
F
ROM: Angela Bustamante, City Clerk
APPR
OVED Michael L. Antwine II (e-signature)
BY: ________________________________________
Michael L. Antwine II, City Manager
SU
BJECT: Appointments to the Planning Commission to Fill Two (2) Vacancies.

RE
COMMENDATION:

I
t is recommended that:

1. C
ouncilmembers Quintana and Romero each nominate a member to the Planning Commission; and

2. For
the City Council to read by title only, waive further reading and adopt Resoluti on 2022
-53 titled:

A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
APPROVING TWO (2) APPOINTMENTS TO THE PLANNING

COMMISSION
BACKGROUND:

O
n July 13, 2016, the City Council adopted Ordinance No. 1214 and Ordinance No. 1216 related to the establishment of the Bell Planning Commission (PC). On November 9, 2016, the City Council approved Resolution 2016-91 ratifying the appointments made by each Councilmember to the Planning Commission. The term of office for each of the five commissioners coincide with the term of office of the councilmember who made the appointment.

DISCUSSION:

The
Planning Commission has two (2) members , Councilmembers Quintana and Romero appointees, whose term expired on May 30, 2022. Due to the change in the City’s election cycle, Councilmembers Quintana and Romero term was extended two months therefore, delaying the recruitment process for the Planning Commission until the election results were certified.

O
n July 5, 2022, city staff received the o fficial canvass certificate for the June 7, 2022, general municipal election which determined that Ana Maria Quintana and Alicia Romero were re-elected.

C
ity staff opened the recruitment process on July 6, 2022, with advertising the Notice of Commission Vacancies on the City’s website and on social media.

AGENDA ITEM 3

To serve in the Planning Commission, applicants must be 18 years of age, a Bell resident, and a register voter of the city for at least thirty days prior to the appointment. The application period is from Wednesday, July 6, 2022, through Thursday, July 21, 2022. The City did not receive any applications by the July 21st deadline, therefore the deadline was extended to August 17th.

The City received a total of five (5) applications for the Planning Commission. Below are the names of the individuals who applied:

1. Ali Sleiman

2. Jessica Vallejo

3. Alexa Facundo

4. Alejandra Gonzalez

5. Geovanny Garcia

After nominations are submitted, a majority vote is needed by the Council for the applicant to be appointed. Once appointed, Commissioners will receive in-house training from staff and the City Attorney’s office. Commissioners will serve a four-year term beginning September 14, 2022 and ending on May 31, 2026.

FISCAL IMPACT:

Commissioners receive a stipend of $50 per meeting for their attendance.

ATTACHMENTS:

1. Resolution 2022-53

2. Applications Under Separate Cover

Resolution 2022-53

RESOLUTION 2022-53

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

APPROVING APPOINTMENTS TO THE PLANNING

COMMISSION
WHEREAS, the City of Bell has two City Commissions, the Planning Commission and Community Services Commission, in which each consist of five (5) members; and WHEREAS, in order to serve in the Planning Commission you must be 18 years of age, a Bell resident and a register voter for at least thirty days prior to the appointment; WHEREAS, the Planning Commission has three (2) members whose term expired on May 30, 2022, leaving two seats to be filled by the Council; and WHEREAS, Councilmembers Romero and Quintana, will each appoint a member to the Planning Commission; and
WHEREAS, the City Clerk’s Office posted the Notice of Vacancies on July 6, 2022 and due to not receiving any applications, the deadline was extended to August 17, 2022; and WHEREAS, a notice extending the deadline to submit applications was posted on June 16, 2020; and
WHEREAS, the City received sufficient applications for the Planning Commission and recommends that the above mentioned Councilmembers submit their nominations to the Council for ratification.

NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY FIND, DETERMINE AND DECLARE AS FOLLOWS:

SECTION 1. That the City Council hereby ratifies the following appointment s made by Councilmember Romero and Quintana to the Planning Commission:

Nominating For the
Council Member Appointee Term Ending
Councilmember Quintana ________________ 5/31/2026
Councilmember Romero _______________ 5/31/2026

SECTION 2. That the City of Bell City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 14th day of September, 2022.

__________________________________
Monica Arroyo, Mayor

Resolution 2022-53

APPROVED AS TO FORM:

_________________________
David Aleshire, City Attorney

CERTIFICATE OF ATTESTATION AND ORIGINALITY

I, Angela Bustamante, City Clerk of the City of Bell, hereby attest to and certify that R esolution 2020-39 is the original resolution adopted by the Bell City Council at it s regular meeting held on the 14th day of September 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________
Angela Bustamante, City Clerk

City of Bell
Housing Authority
Agenda Report
D
ATE: September 14, 2022
TO
: Chair and Members of the Board
F
ROM: Javier Ochiqui, Contracts and Facilities Manager
APPR
OVED Michael L. Antwine II (e-signature)
BY: __________________________________
Michael L. Antwine II, City Manager
SU
BJECT: Consideration to approve an Agreement with ATI Restoration, LLC for the Demolition and Removal of Unit No. 78 at Bell Mobile Home Park.

RECOMMENDATION:

I
t is recommended that the Chair and Members of the Board:

1. A
pprove an Agreement with ATI Restoration, LLC for a contract amount not to exceed $33,578.60; and

2. Read by title only, waive further reading, and adopt Resolution No. 2022-54 titled:
“

A RESOLUTION OF THE BELL COMMUNITY HOUSING

AUTHORITY (BCHA) APPROVING AN AGREEMENT WITH ATI
RESTORATION, LLC AND AUTHORIZING FY 2022-23 BUDGET
AMENDMENT TO TRANSFER $33,600 FROM BCHA FUND

BALANCE RESERVE TO THE BCHA ACCOUNT FOR OUTSIDE

PROFESSIONAL SERVICES FOR THE REMOVAL OF BURNT
UNIT NO. 78 AT BELL MOBILE HOME PARK”
BACKGROUND:

The B
ell Community Housing Authority (BCHA) is responsible for property management services for the Bell Mobile Home Park, Florence Village and scattered BCHA units. On Monday, December 13, 2021, unit 78 at Bell Mobile Home Park caught fire and burnt down. The resident and her 7-year-old son escaped unharmed.

P
ursuant to the Bell Municipal Code section 3.12.080(C), Contractor’s professional cleanup and restoration services are procured by the city under emergency circumstances, therefore, the city is not required to satisfy the public bidding procedures contained in the City’s Municipal Code.

Therefore, staff is recommending that the Chair and Members of the Board approve an Agreement with ATI Restoration, LLC for the demolition and removal of unit No. 78 at Bell Mobile Home Park and adopt Resolution No. 2022 -54. The project is estimated to take approximately two to three months.

AGENDA ITEM 4

DISCUSSION:

Below is a timeline of events:

Date Action

December 13, 2021

Unit 78 caught fire and burnt down. The resident and her 7-year-old son escaped unharmed. The unit is no longer habitable.

December 14, 2021

BCHA staff contacted the resident to discuss incident and offer support.

The resident stated that she had no other place to go. Staff called the Red Cross for assistance, and they provided the tenant with hotel and food vouchers.

December 15, 2021

Republic Services donated a 40 -yard roll-off bin to assist the resident with removing personal items that were destroyed.

December 23, 2021

BCHA staff offered resident a unit located at 6629 Pine unit D. Resident accepted and signed the new lease on 12/23/21 to be effective 1/1/22.

January 10, 2022

BCHA staff called resident to see what her plans were to remove the burnt unit. The resident stated that the mobile home was in her mother’s name, but that her mom passed away years ago. No title change was ever done.

February 1, 2022

Resident stated she had no funds available to pay for the removal of the unit and her brother, who’s on the lease agreement, was going to contact us soon to discuss his options.

March 1, 2022

BCHA staff confirmed that her brother was on the lease, but he was a minor when his mom signed the lease.

June 17, 2022

A chain linked fence with a privacy screen was installed around unit 78.

June 23, 2022

Barr & Clark inspected and tested the unit for lead and asbestos. The report came back negative for lead but did detect small amounts of asbestos which requires BCHA to follow SCAQMD Rule 1403 Procedure 5 to properly demolish and remove the burnt unit.

June 28, 2022

ATI Restoration submitted a demolition and removal proposal.

ATI’s proposal, per the SCAQMD Rule 1403 Procedure 5 project removal proposal is listed below:

Description Total Cost
Project Director, Executive $2,544
Project Manager, Environmental $1,200
Supervisor/Technician Environmental $7,500
Water trailer $534.60

Waste pick up $1,080
General Demolition $5,000
Excavator $7,800
Skid Steer $2,520
Dumpster Load $2,400
Material Allowance $1,000
Equipment Allowance $2,000
Total $33,578.60

FISCAL IMPACT:

There will be no impact to the General Fund. The $33,600 will come from the Bell Community Housing Authority (BCHA) Fund Balance Reserve.

ATTACHMENT(S):

1. Resolution 2022-54

2. Agreement with ATI Restoration, LLC

3. Proposal for Demolition by ATI Restoration, LLC

4. Pictures of Fire Damage

5. Map of Bell Mobile

Resolution 2022-54

RESOLUTION NO. 2022–54

A RESOLUTION OF THE BELL COMMUNITY HOUSING

AUTHORITY (BCHA) APPROVING AN AGREEMENT WITH ATI
RESTORATION, LLC AND AUTHORIZING FY 2022-23 BUDGET
AMENDMENT TO TRANSFER $33,600 FROM BCHA FUND

BALANCE RESERVE TO THE BCHA ACCOUNT FOR OUTSIDE

PROFESSIONAL SERVICES FOR THE REMOVAL OF BURNT
UNIT No. 78 AT BELL MOBILE HOME PARK

WHEREAS, on August 24, 2022, the Chair and Members of the Board considered an agreement with ATI Restoration, LLC for a contract amount not to exceed $38,578.60; and

WHEREAS, a budget amendment to transfer $33,600 from the Bell Community Housing Authority (BCHA) Fund Balance Reserve to the BCHA Account for Outside Professional Services Account is required to cover the services provided by ATI Restoration; and

WHEREAS, the Bell Community Housing Authority (BCHA) Fund Balance Reserve has sufficient revenues available to advance to the Outside Professional Services Account;

NOW, THEREFORE, THE BELL COMMUNITY HOUSING AUTHORITY OF THE CITY OF BELL DOES HEREBY:

SECTION 1. Approve an agreement with ATI Restoration, LLC for a contract amount not to exceed $33,600.

SECTION 2. Approve amending the Fiscal Year 2022- 23 budget by appropriating an amount of $33,600 from Bell Community Housing Authority Fund Balance Reserve to the BCHA Account No. 090-70-76-5101-000-6100 for Outside Professional Services.

SECTION 3. Authorize the City Manager to move forward with the demolition and removal of unit No. 78 at Bell Mobile Home Park in the amount not to exceed $33,600.

PASSED, APPROVED, AND ADOPTED this 14
th day of September, 2022.

__________________________________
Alicia Romero, Mayor

ATTEST

_________________________________
Angela Bustamante, City Clerk

Resolution 2022-54

APPROVED AS TO FORM:

_________________________
David Aleshire, City Attorney

CERTIFICATE OF ATTESTATION AND ORIGINALITY

I, Angela Bustamante, City Clerk of the City of Bell, hereby attest to and certify that the foregoing resolution is the original resolution adopted by the Bell City Council at its regular meeting held on the 14
th day of September, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________
Angela Bustamante, City Clerk

01135.0006/808292.1

PUBLIC WORKS AGREEMENT
By and Between

CITY OF BELL
and

ATI RESTORATION, LLC

-1-
01135.0006/808292.1

AGREEMENT FOR PUBLIC WORKS SERVICES

BETWEEN THE CITY OF BELL AND

ATI RESTORATION, LLC

THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made and entered into this ____ day of August, 2022 by and between the CITY OF BELL , a charter city (“City”) and ATI RESTORATION, LLC, a limited liability company (“Contractor”). City and Contractor may be referred to, individually or collectively, as “Party” or “Parties.”

RECITALS
A. City requires professional cleanup and restoration services.

B. Contractor has demonstrated expertise in cleanup and restoration services and is qualified to provide the professional services required by the City.

C. Pursuant to the Bell Municipal Code section 3.12.080(C), Contractor’s professional cleanup and restoration services are procured by the City under emergency circumstances, therefore, the City is not required to satisfy the public bidding procedures contained in the City’s Municipal Code.

D. Pursuant to Bell Municipal Code section 3.12.080(C), City has authority to enter into and execute this Agreement.

E. The Parties desire to formalize the selection of Contractor for performance of the services and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1. WORK OF CONTRACTOR

1.1 Scope of Work.

In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Work” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the work required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in

-2-
01135.0006/808292.1
performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Bid Documents.

The Scope of Work shall include the “General Provisions” and “Special Provisions” in the bid documents for the project entitled, including any documents or exhibits referenced therein (collectively, “bid documents”), all of which are incorporated herein by this reference. In the event of any inconsistency between the terms of the bid documents and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 Compliance with California Labor Law.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation. (b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
(d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep

-3-
01135.0006/808292.1
accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.

Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program.

Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” Contractor’s Authorized Initials ________
(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions

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necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.
(a) By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.
(b) Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent conditions, materially different from those indicated; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, and will materially affect the performance of the services hereunder.
(c) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order per Section 1.10 of this Agreement.
(d) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.

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(e) City will compensate Contractor to the extent required by Government Code Section 4215 by issuing a change order per Section 1.10 of this Agreement.

1.7 Protection and Care of Work and Materials.

The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.

1.8 Warranty.

Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense.

Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, repl acement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor.

All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

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1.9 Further Responsibilities of Parties.

Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

1.10 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Schedule of Compensation in Exhibit “C”. If the rates in the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: the cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done.

The use of labor classifications that would increase the cost of such work shall not be permitted. (ii) Materials and Equipment: the cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day.

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(d) It is expressly understood by Contractor that the provisions of this Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors.
(e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.11 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $33,578.60 (Thirty Three Thousand Five H undred Seventy Eight Dollars and Sixty Cents) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services less the contract retention; (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.

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2.4 Invoices.

Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Contractor shall not invoice City for any duplicate services performed by more than one person.

City shall, as soon as practicable, independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.

Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference.

When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.

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3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Inspection and Final Acceptance.

City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within forty-five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively.

3.5 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

Henry Cho ________________ Executive Project Director __ (Name) (Title)
________________________ ________________________
(Name) (Title)

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________________________ ________________________
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement.

Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.

All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Contractor.

Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

4.3 Contract Officer.

The Contract Officer shall be Javier Ochiqui, Contracts and Facilities Manager or such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer.

Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent

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contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City.

City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement.

In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this

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Agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor.

All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (b) Duration of coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors.
(c) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

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(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (g) Enforcement of contract provisions (non-est oppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non- compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability.

The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.

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Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (q) Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims

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arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

In addition, Contractor agrees to indemnify, defend and hold harmless the Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights, copyrights or trademark on any person or persons in consequence of the use by the Indemnified Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor is not the patentee or assignee or has not the lawful right to sell the same.

Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services and work hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.

5.4 Notification of Third-Party Claims.

City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.

5.5 Performance and Labor Bonds.

Concurrently with execution of this Agreement Contractor shall deliver to the City, the following:
(a) A performance bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement.
(b) A labor and materials bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement.

Both the performance and labors bonds required under this Section 5.5 shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor

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promptly and faithfully performs all terms and conditions of this Agreement and pays all labor and materials for work and services under this Agreement.

5.6 Sufficiency of Insurer or Surety.

Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 5.5 may be changed accordingly upon receipt of written notice from the Risk Manager.

5.7 Substitution of Securities.

Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any funds withheld to ensure performance under this Agreement may be permitted at the request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to an escrow agreement in a form prescribed by Public Contract Code Section 22300, request payment of retentions funds earned directly to the escrow agent at the sole expense of the Contractor.

5.8 Release of Securities.

City shall release the Performance and Labor Bonds when the following have occurred:
(a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement; (b) the Work has been accepted; and
(c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Labor Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in

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accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing a ccess to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

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6.4 Confidentiality and Release of Information.
(a) information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Disputes.
(a) Default; Cure. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to

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Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement. (b) Dispute Resolution. This contract is subject to the provisions of Article

1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the Contractor, for the response to such claims by the City, for a mandatory meet and confer conference upon the request of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein.

7.3 Retention of Funds.

Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

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7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.6 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of $1,500.00 (One Thousand Five Hundred Dollars) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.

7.8 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the

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terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Contractor.

If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.10 Attorneys’ Fees.

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

7.11 Unfair Business Practices Claims.

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

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this

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Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of r ace, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.

8.4 Unauthorized Aliens.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Bell, 6330 Pine Avenue, Bell, California 90201, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. All correspondence relating to this Agreement shall be serialized consecutively.

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9.2 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee,

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as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Contractor’s Authorized Initials _______

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF BELL, a charter city
____________________________________
Alicia Romero, Mayor
ATTEST:

Angela Bustamante
City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
David J. Aleshire
City Attorney
CONTRACTOR:

ATI RESTORATION, LLC
By: _______________________________
Name: Henry Cho
Title: Executive Project Director
Address: 3360 E. La Palma Ave.

Anaheim, CA 92806

01135.0006/808292.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

01135.0006/808292.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

01135.0006/808292.1 A-1
EXHIBIT “A”

SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and requirements in the “General Provisions” and “Special Provisions” included in the bid documents for the project entitled Restoration/Service/Remodel, including any documents or exhibits referenced therein.

II. Brief description of the work to be performed:

A. Please see attached proposal.

III. In addition to the requirements of Section 6.2, during performance of the work, Contractor will keep the City apprised of the status of performance by delivering the following status reports:

A. Status reports due to City upon request.

IV. All work is subject to review and a cceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.

V. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition.

01135.0006/808292.1 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

(This Page has been left blank intentionally.)

01135.0006/808292.1 C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Contractor shall perform all work at the rates on the Bid Sheet submitted as part of Contractor’s Proposal, and listed below:

DESCRIPTION QUANTITY REMOVE REPLACE O&P TOTAL

1. Taxes, insurance,
permits, & fees

1.00 EA N/A N/A N/A OPEN

2. Project Director,
Executive

16.00 HR 0.00 159.00 0.00 $2,544.00

3. Project Manager,
Environmental

12.00 HR 0.00 100.00 0.00 $1,200.00

4. Supervisor/Technician
Environmental

60.00 HR 0.00 125.00 0.00 $7,500.00

5. Water trailer 1.00 WK 0.00 445.50 $89.10 $534.60

6. Waste pick up 1.00 EA 900.00 0.00 $180.00 $1,080.00

7. General Demolition 40.00 HR 125.00 0.00 0.00 $5,000.00

8. Excavator 1.00 WK 0.00 6,500.00 $1,300.00 $7,800.00

9. Skid steer 1.00 WK 0.00 2,100.00 $420.00 $2,520.00

10. Dumpster load 2.00 EA 1,000.00 0.00 $400.00 $2,400.00

11. Material allowance 1.00 EA 0.00 1,000.00 0.00 $1,000.00

12. Equipment allowance 1.00 EA 0.00 2,000.00 0.00 $2,000.00 TOTAL $33,578.60

II. A retention of five percent (10%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.

III. Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the Contract Officer, funds may be shifted from one item’s subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per Section 1.10.

01135.0006/808292.1 C-2
IV. The City will compensate Contractor for the Services performed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

V. The total compensation for the Services shall not exceed the amount provided in Section 2.1 of this Agreement.

01135.0006/808292.1 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Contractor shall perform all work timely in accordance with the following schedule:

DESCRIPTION QUANTITY START
DATE

DEADLINE

1. Taxes, insurance, permits, &
fees

1.00 EA September 1,
2021
November 30,
2022

2. Project Director, Executive 16.00 HR September 1,
2021
November 30,
2022

3. Project Manager,
Environmental

12.00 HR September 1,
2021
November 30,
2022

4. Supervisor/Technician
Environmental

60.00 HR September 1,
2021
November 30,
2022

5. Water trailer 1.00 WK September 1,
2021
November 30,
2022

6. Waste pick up 1.00 EA September 1,
2021
November 30,
2022

7. General Demolition 40.00 HR September 1,
2021
November 30,
2022

8. Excavator 1.00 WK September 1,
2021
November 30,
2022

9. Skid steer 1.00 WK September 1,
2021
November 30,
2022

10. Dumpster load 2.00 EA September 1,
2021
November 30,
2022

11. Material allowance 1.00 EA September 1,
2021
November 30,
2022

12. Equipment allowance 1.00 EA September 1,
2021
November 30,
2022

01135.0006/808292.1 D-2
II. Contractor shall deliver the following tangible work products to the City by the following dates.

A. Reports will be delivered to City weekly. Reports must be delivered and accepted prior to any progress payment up until the date that work is being invoiced for.

B. Inspections and Testing Results
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.

01135.0006/808292.1

PERFORMANCE BOND

WHEREAS, the CITY OF BELL, (“City”), has awarded to
__________________________________, as Contractor (“Principal”), a Contract for the work entitled and described as follows:__________________________________________________;

WHEREAS, the Contractor is required under the terms of said Contract to furnish a bond for the faithful performance of the Contract;

NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ________________________________________ ($______________), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound Contractor, or its heirs, executors, administrators, successors, or assigns, shall in all things stand and abide by, well and truly keep and perform all undertakings, terms, covenants, conditions, and agreements in the said Contract and any alteration thereof, made as therein provided, all within the time and in the manner designated and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.

Executed on 20___.

PRINCIPAL

(Seal if Corporation) By

Title

(Attach Acknowledgment of Authorized Representative of Principal)

01135.0006/808292.1
Any claims under this bond may be addressed to:

(name and address of Surety)

(name and address of Surety's agent for service of
process in California, if different from above)

(telephone number of Surety's agent in California)

(Attach Acknowledgment)
SURETY

By
(Attorney-in-Fact)

APPROVED:

(Attorney for CITY)

NOTICE:

No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.

01135.0006/808292.1

PAYMENT BOND
(Labor and Material Bond)

WHEREAS, the CITY OF BELL, (“City”), has awarded to
__________________________________, as Contractor (“Principal”), a Contract for the work entitled and described as follows:__________________________________________________;

WHEREAS, said Contractor is required to furnish a bond in conjunction with said Contract, to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law;

NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ________________________________________ ($______________), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1) for any work, materials, services, provisions, provender, or other supplies, or for the use of implements of machinery, used in, upon, for, or about the performance of the work to be done, or for any work or labor thereon of any kind; (2) for work performed by any of the persons named in Civil Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract; and/or (4) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and/or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon the bond.

Moreover, if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum.

Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.

01135.0006/808292.1
Executed on , 20____.

PRINCIPAL

(Seal if Corporation) By

Title

(Attach Acknowledgment of Authorized Representative of Principal)

Any claims under this bond may be addressed to:

(name and address of Surety)

(name and address of Surety's agent for service
of process in California, if different from above)

(telephone number of Surety's agent in California)

(Attach Acknowledgment)
SURETY

By
(Attorney-in-Fact)
APPROVED:

(Attorney for CITY)

NOTICE:

No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.

01135.0006/808292.1

WORKERS COMPENSATION INSURANCE CERTIFICATE

Description of Contract: City of Bell
Project: _____________________________________________

Type of Insurance: Workers' Compensation and
Employers' Liability Insurance

THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in conformance with the requirements of Article 5 of the Contract and is in force at this time, and is in a form approved by the Insurance Commissioner.

The Company will give at least 30 days' written notice to the City and Engineer/Architect prior to any cancellation of said policy.

POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY

Workers' Compensation:

Statutory Limits Under the Laws
of the State of California

Employers' Liability:

$_________________ Each Accident

$_________________ Disease - Policy Limit

$_________________ Disease - Each Employee

Named Insured (Contractor) Insurance Company

Street Number Street Number

City and State City and State

By
(Company Representative)

(SEE NOTICE ON NEXT PAGE)

01135.0006/808292.1
Insurance Company Agent for Service
of Process in California:

Name

Agency

Street Number

City and State

Telephone Number

This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend, or alter the coverage afforded by the policy listed herein.

This is to certify that the policy has been issued to the named insured for the policy period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions of such policy.

NOTICE:

No substitution or revision to the above certificate form will be accepted. If the insurance called for is provided by more than one insurance company, a separate certificate in the exact above form shall be provided for each insurance company.

01135.0006/808292.1

ADDITIONAL INSURED ENDORSEMENT

COMPREHENSIVE GENERAL LIABILITY

Name and address of named insured (“Named Insured”)

Name and address of Insurance Company (“Company”)

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

01135.0006/808292.1

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager, City of Bell, 6330 Pine Avenue, Bell, California 90201.

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:

□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
General Liability Endorsement □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .

(signatures on following page)
I, (print name) , hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

01135.0006/808292.1

Executed , 20

Signature of Authorized Representative

(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)

01135.0006/808292.1

ADDITIONAL INSURED ENDORSEMENT

AUTOMOBILE LIABILITY

Name and address of named insured (“Named Insured”)

Name and address of Insurance Company (“Company”)

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

01135.0006/808292.1

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager
City of Bell
6330 Pine Avenue
Bell, California 90201

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:

□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .

(signatures on following page)

01135.0006/808292.1
I, (print name) , hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20

Signature of Authorized Representative

(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)

01135.0006/808292.1

ADDITIONAL INSURED ENDORSEMENT

EXCESS LIABILITY

Name and address of named insured (“Named Insured”)

Name and address of Insurance Company (“Company”)

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

01135.0006/808292.1

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager
City of Bell
6330 Pine Avenue
Bell, California 90201

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

□ Following Form
□ Umbrella Liability
□

11. Applicable underlying coverages:

INSURANCE COMPANY POLICY NO. AMOUNT

12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:

13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

14. This is an □ occurrence or □ claims made policy (check one).

15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .

(signatures on following page)

01135.0006/808292.1
I, (print name) , hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20

Signature of Authorized Representative

(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)

1 ATI Restoration, LLC
3360 E. La Palma Avenue
Anaheim, CA 92806
Tel: 714.283-9990 Fax: 714.283.9995
www.atirestoration.com
License: 1075543
Tax ID: 33-0352215
Insured: City of Bell
Property: 4874 E. Gage Ave. #78
Bell, CA 90201
Estimator: Henry Cho Cellular: (714) 412-4947
E-mail: henry.cho@atirestoration.
com
Claim Number: Policy Number: Type of Loss: <NONE>
Date of Loss: Date Received:

Date Inspected: Date Entered: 7/9/2022 12:00 AM
Price List: CALA8X_JUL22
Restoration/Service/Remodel
Estimate: COB4874GAGE78-7-9-1
Thnk you for giving ATI Restoration, LLC. (ATI) the opportunity to provide an estimate. We look forward to working with you on this project. The work to be performed by ATI includes only those items that were visible at the time of the inspection. All items not expressly included are outside ATI’s scope of work and will not be completed by ATI. ATI recommends that you carefully review this estimate to ensure you are familiar with the work to be performed and any limitations in ATI’s scope of work. If a work order is signed and we commence work at the property it is possible that latent damages will be discovered or you may decide to select operations that differ from this estimate. In that case we will prepare an additional estimate and/or change order. If you have any questions or wish to speak to us about additional work at your property please contact me at 714-412-4947 or at [email protected].

Best regards,
Henry Cho
**ATI is not responsible for preexisting conditions.
**Does not include hidden or unknown damages.
****Estimate is based on prevailing wage rates.

Includes certified asbestos abatement supervisor and technicians.

Estimate is for work during standard business hours only.

Water to be supplied by the City of Bell.

Temporary fence to be detached and reset/removed by the City of Bell.

ATI is not responsible for site security.
****Additional mobilizations, labor, material, and equipment due to down time for dumpsters, etc. will be billed on a time and material basis.
****Testing, monitoring, and clearance by others.
****Water, gas, electrical, utilities, etc. to be capped/addressed by others. ****Not responsible for contents. ATI is to be released of any and all liability regarding contents.

2 ATI Restoration, LLC
3360 E. La Palma Avenue
Anaheim, CA 92806
Tel: 714.283-9990 Fax: 714.283.9995
www.atirestoration.com
License: 1075543
Tax ID: 33-0352215
COB4874GAGE78-7-9-1 7/9/2022 Page: 2
COB4874GAGE78-7-9-1
COB4874GAGE78-7-9-1

DESCRIPTION QTY

1. Taxes, insurance, permits & fees (Bid Item) [ OPEN ] 1.00 EA

2. Project Director, Executive 16.00 HR
Includes (1) trip to the city to obtain a permit and meet for (1) inspection/final. Includes on site supervision for ATI work as needed.
****Additional trips and inspections will be billed on a time and material basis. Does not include time for a waste and recycling plan if required.

3. Project Manager, Environmental 12.00 HR

4. Supervisor/Technician Enviro 60.00 HR
**Includes certified asbestos abatement supervisor and technicians. (1) certified asbestos abatement supervisor and (2) certified asbestos technicians for 20 hours each.

5. Water trailer 1.00 WK

6. Waste pick up 1.00 EA
Above 3 line items are to remove the roof coating and roofing mastic. Does not include the mobile home. A supplement will be added if above labor and equipment budget are exceeded due to down time due to visual inspection and clearance by others.

7. General Demolition - per hour 40.00 HR
(1) supervisor and (1) technician for 20 hours each.

8. Excavator 1.00 WK

9. Skid steer 1.00 WK

10. Dumpster load - Approx. 40 yards, up to 7 tons of debris 2.00 EA Use City of Bell's hauler, Republic Services. A supplement will be added for additional or overweight dumpsters. A supplement will be added for down time due to dumpster inventory/availability. **Pricing is for a Construction and Demolition container. Waste Management Plan is not included. This is a demolition project. A supplement will be added for additional supervision and planning as needed.

Above 4 line items are to remove the mobile home. A supplement will be added if above labor and equipment budget are exceeded due to down time due to dumpster inventory/availability, etc.

11. Material allowance 1.00 EA
PPE, poly, bags, tape, etc.

12. Equipment allowance 1.00 EA
HEPA vacuum, vehicles, etc.

Grand Total $33,578.60
Henry Cho

3 ATI Restoration, LLC
3360 E. La Palma Avenue
Anaheim, CA 92806
Tel: 714.283-9990 Fax: 714.283.9995
www.atirestoration.com
License: 1075543
Tax ID: 33-0352215
COB4874GAGE78-7-9-1 7/9/2022 Page: 3
This is an estimate only and does not constitute a contract to perform any work at the property address listed unless it is made part of a signed work order by the property owner. Limitations: ATI Restoration, LLC is not responsible for identifying the source of loss or remedying it. To the extent the loss was caused by water (including mold) it is the property owner’s responsibility to identify the source of the loss and to remedy it prior to any repair work begun by ATI Restoration, LLC. We appreciate the opportunity to provide this estimate and work with you on this project.

Respectfully,
Henry Cho

Attachment “3”

City of Bell
Agenda Report
D
ATE: A ugust 24, 2022
TO
: Mayor and Members of the City Council
F
ROM: Alejandra Garcia, Interim Community Services Manager APPR
OVED Michael L. Antwine II (e-signature)
BY: ____________________________
Michael L. Antwine II, City Manager
SU
BJECT: Consideration to Approve Amendment No. 2 with Global Paratransit Inc. for Paratransit Services.

RE
COMMENDATION:

I
t is recommended that the City Council Approve Amendment No. 2 with Global Paratransit Inc., for paratransit services for a one- year term from September 20, 2022, through September 19, 2023, and annual compensation not to exceed $438,022.24.

DISCUSSION AND BACKGROUND:

The C
ity operates the following three (3) transportation services:

1. Fi
xed Route System – A 40-minute, 7.5-mile loop through the City of Bell and the neighboring cities of Cudahy and Bell Gardens. Operation dates and times are Monday - Friday from 7:00a.m. to 7:00p.m. and Saturday 11:00a.m. to 5:00p.m. The cost is 50 cents one way per rider.

2. Dia
l A Ride – A free shared ride transportation service provided to Bell’s seniors and disabled individuals that allow for travel up to a maximum of five miles for general travel purposes and eight miles maximum for medical travel purposes. The hours of operation are Monday-Friday from 7:00a.m.- 5:00p.m. and Saturday 9:00a.m.- 3:00p.m.

3. Dia
l A Cab – An on-demand transportation service available exclusively for Bell’s seniors and disabled individuals. Residents pay a yearly ID card fee of $5.00 and receive 25 one- way trips per month. The service will take registered participants to and from their destination within the City of Bell and approved medical locations outside city boundaries.

The cost is .50 cents one way.

The
City Council awarded a three-year contract for paratransit services on September 19, 2018, to Global Paratransit Inc. with the option of two (2) one-year extensions. Amendment No. 1 which exercised the first one-year extension was approved on August 25, 2021. This Amendment No. 2 will account for the second one-year extension.

S
ince the contract’s execution in 2018- and in addition to regular para transit operations- Global Paratransit Inc. has assisted the Community Services Department with the following:

AGENDA ITEM 5

1. Providing additional emergency transportation services to the Southeast Los Angeles COVID-19 Vaccination Center and the Bell Testing Site, both located at the Bell Community Center, to all residents and adjacent community members.

2. Route Study - In 2019, the Community Services Department supervised a route study facilitated by the City’s current engineering contract, Willdan Engineering, to convert the La Campana Fixed Route shuttle to an all-electric shuttle service as well as potentially incorporating the Slauson Occupational Center as a stop into the fixed route. Global Paratransit Inc. was instrumental in collecting ridership and stop frequency data for Willdan’s preliminary research. The route study has continued through Fiscal Year 2021- 2022 and findings will be provided to City Council for review upon completion.

Executing Amendment No. 2 to provide a one-year extension to the current contract with Global Paratransit Inc. would allow for consistent transit operations within the City of Bell and is so recommended to the City Council to be effective from September 19, 2022, to September 20, 2023.

FISCAL IMPACT:

Paratransit services are paid from Proposition A local returns- a restricted fund. There is no impact on the City’s General Fund. Below in Table No. 1 is a comparison of the approved annual contract amount and the amount actuals within the executed contract amount. The table below showcases that the actual expenses do not exceed the approved contract amount for years one (1) through three (3).

Table No. 1
Year 1
9/20/18-
9/19/19
Year 2
9/20/19-
9/19/20
Year 3
9/20/20-
9/19/21
Year 4
9/20/21-
9/19/22
Year 5
9/20/22-
9/19/23
Approved
Amount
$427,152.85 $435,577.69 $440,573.29 $327,096.71 $438,022.24 Actual
Expenses
$303.893.49 $300,531.33 $321,665.39 $321,428.081 $438,022.24

Fund balances from un- used Prop A Funds remain within the City of Bell’s allocation balance.

Actual amounts of transit operation expenses are determined by ridership and trips request for all three programs.

An increase from Year 4 to Year 5 rates occurred under all the services due to the reasons listed below.

1. Minimum Wage increase – County Mandated – Must pay a competitive wage to maintain Staff.

2. CPI Area prices were up 1.1 over the past month and up 7.5 percent from a year ago. (As seen in attachment No. 3)

3. Older fleet requires additional maintenance cost.

4. An increase in the amount/unit per category to better service the community needs.

1 The Timeframe of February 1, 2022, through September 19, 2022, are estimated based on previous month and day ridership as contract Amendment No. 2 required approval prior to Year 4 completion date.

A breakdown of the estimated units combined with the new rates for Year (5)- which summarizes the Year (5) compensation total- is shown below in Table No. 2:

Table No. 2
Year 5
Rate
Amount / Unit Total Rate %
Increase from
Year 4 to Year 5
Dial-A-Ride $73.22 2,268 Hours $166,062.96 14.99%
Fixed Route $72.23 3,336 Hours $240,959.28 14.99%
Demand Response
Taxi
$3.10 10,000 Miles $31,000.00 26.53%
Year Five (5)
Totals
$438,022.24

Table No. 3 displays the new contract amount, including Amendment No.1, and each year’s total max compensation as allowed under the contract:

Table No. 3 – Yearly Compensation Totals
Year 1 $427,152.85
Year 2 $435,577.69
Year 3 $440,573.29
Projected Year 4 $327,096.71
Projected Year 5 $438,022.24
Total Project Compensation Year 1-5 $2,068,422.78

The services in this contract use restricted funding, Proposition A funds. The total max contract compensation amount is now $2,068,422.78. The allocations of Proposition A funds were approved in the Fiscal Year 2021-2022 adopted budget and will be budgeted for this contract extension in Fiscal Year 2022-2023.

ATTACHMENTS:

1. Global Paratransit - Amendment No. 2 to the Professional Services Agreement

2. Professional Services Agreement with Global Paratransit Inc. dated September 19, 2018.

3. Global Paratransit - Amendment No. 1 to the Professional Services Agreement dated August 25, 2021

4. Updated Taxi Rate Sheet, Dated 2022

01135.0001/806927.2 -1-
AMENDMENT NO. 2

TO AGREEMENT FOR CONTRACT SERVICES

BY AND BETWEEN THE CITY OF BELL AND
GLOBAL PARATRANSIT, INC.

This AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF BELL AND GLOBAL PARATRANSIT, INC. (“Amendment No. 2”), by and between the CITY OF BELL (“City”), a California charter city, and GLOBAL PARATRANSIT, INC., a California corporation (“Contractor”), is effective as of the _____th day of _____, 2022.

RECITALS

A. City and Contractor entered into that certain Contract Services Agreement dated September 20, 2018 (“Agreement”) whereby Contractor agreed to provide Dial-A-Ride, Fixed Route, and Demand Response Taxi transportation services to the City (“Services”).

B. The Term of the Agreement was for three (3) years, from September 20, 2018 to September 19, 2021, with two (2) one-year extensions in the City’s sole and absolute discretion.

The annual compensation for Year 1, September 20, 2018 to September 19, 2019 was for $427,152.85; Year 2, September 20, 2019 to September 19, 2020 was for $435,577.69; and Year 3, September 20, 2020 to September 19, 2021 was for $440,573.29, for a total maximum contract sum of $1,303,303.80 for the Services.

C. In Amendment No. 1, dated August 25, 2021, the City and Contractor extended the term of the Agreement by one additional year using the first of the two one-year extensions, from September 20, 2021 to September 19, 2022. To account for the extension of the term and an increase in the Dial-A-Ride and Fixed Route services hourly rate increase of 5%, the City and Contractor increased the maximum contract sum by an additional $327,096.71 from $1,303,303.80 to $1,630,400.51.

D. By this Amendment No. 2, the City and Contractor now desire to extend the term of the Agreement by one additional year, using the second of the two one-year extensions, from September 20, 2022 to September 19, 2023. To account for the extension of the term and an increase in the Dial-A-Ride and Fixed Route services hourly rate increase of 15%, the City and Contractor desire to increase the maximum contract sum by an additional $438,022.24 from $1,630,400.54 to $2,068,422.78.

E. The 15% hourly rate increase for the Dial-A-Ride and Fixed Route services is due to a County mandated minimum wage increase, an increase in the Consumer Price Index (“CPI”) area price, and the additional costs for the older fleet.

F. Dating back to the initial Agreement, the contract sum has been off by three cents.

The maximum contract sum in the Agreement was should have been $1,303,303.83 instead of $1,303,303.80. Likewise, in Amendment No. 1, the contract sum should have been $1,630,400.54

01135.0001/806927.2 -2-
instead of $1,630,400.51. This Amendment No. 2 includes the correct contract sum of $2,068,422.78 instead of $2,068,422.75.

G. Except as amended hereby, this extension is subject to the same terms and conditions as provided in the Agreement.

TERMS

1. Contract Amendments. The Agreement is amended as provided herein. Added text is indicated in bold italics, deleted text is indicated in strikethrough.

a. Section 2.1, “Contract Sum,” is hereby amended and shall now read as follows:

“2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed One Million Three Hundred Three Thousand Three Hundred Three Dollars and Eighty Cents ($1,303,303.80) One Million Six Hundred Thirty Thousand Four Hundred Dollars and Fifty-One Cents ($1,630,400.51) Two Million Sixty Eight Thousand Four Hundred Twenty Two Dollars and S eventy Eight Cents ( $2,068,422.78). (the “Contract Sum”), unless additional compensation is approved pursuant to Section

1.8. b. Section 3.5 “Term,” is hereby amended and shall now read as follows:

“3.5 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services September 19, 2022 2023 but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).

c. Section I of Exhibit C, “Schedule of Compensation,” is hereby amended and shall now read as follows:

“I. Contractor shall perform the following tasks at the following rates:

01135.0001/806927.2 -3-
RATE
YEAR
1 RATE
YEAR
2 RATE
YEAR
3 UNIT AMOUNT COST
FOR 1
YEAR

COST FOR
YEAR 2
COST
FOR
YEAR 3
A. Advance
Reservatio
n Dial-A-
Ride
Paratransit
Service
$59.09 $59.68 $60.64 Service
Hour
3,084 hours $182,233.56 184,053.12 187,013.76
B. Fixed
Route Bus
Service
$57.23 $59.21 $59.82 Service
Hour
3,336 hours $190,919.28 $197,524.56 199,559.52
C. Demand
Response
Taxi Bases
Dial-A-
Ride
Service
$2.45 $2.45 $2.45 Per Mile

22,040.82
miles
$54,000.01 54,000.01 54,000.01

RATE YEAR
4 UNIT AMOUN
T
YEAR 4
COST FOR YEAR 4
A. Advance
Reservati
on Dial-
A-Ride
Paratrans
it Service
$63.67 Service
Hour
1,645.90
Hours
$104,794.45
B. Fixed
Route
Bus
Service
$62.81 Service
Hour
3,161.06
Hours
$198,546.18
C. Demand
Response
Taxi
Bases
Dial-A-
Ride
Service
$2.45 Per Mile

9696.36
mi.
$23,756.08

01135.0001/806927.2 -4-

d. Section III of Exhibit C, “Schedule of Compensation,” is hereby amended and shall now read as follows:

“III. The total compensation for the Services shall not exceed $1,303,303.80 ($1,630,400.51) $2,068,422.78 . as provided in Section 2.1 of this Agreement.

A . The maximum annual contract costs for each year is:

Year 1, September 20, 2018 – September 19, 2019: $427,152.85 Year 2, September 20, 2019 – September 19, 2020: $435,577.69 Year 3, September 20, 2020 – September 19, 2021: $440,573.29 Year 4, September 20 2021 – September 19, 2022: $327,096.71 Year 5, September 20, 2022 – September 19, 2023: $438,022.24

RATE YEAR
5 UNIT AMOUNT
YEAR 5
COST FOR YEAR 5
A. Advance
Reservatio
n Dial-A-
Ride
Paratransi
t Service
$73.22 Service
Hour
2,268.00
Hours
$166,062.96
B. Fixed
Route
Bus
Service
$72.23 Service
Hour
3,336.00
Hours
$240,959.28
C. Demand
Response
Taxi
Bases
Dial-A-
Ride
Service
$3.10 Per Mile

10,000.00
mi.
$31,000.00

01135.0001/806927.2 -5-
e. Section I of Exhibit D, “Schedule of Performance,” is hereby amended and shall now read as follows:

“I. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect for three (3) years from the date hereof until September 19, 2022 2023. The City may, in its sole and absolute discretion, extend the term for two one (1) one-year periods so long as there are funds appropriate for the Service under this Agreement and upon the same terms and conditions, including price.

2. Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 2.

3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Contractor each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

Contractor represents and warrants to City that, as of the date of this Amendment No. 2, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the going of notice, or both, would constitute a material default under the Agreement.

City represents and warrants to Contractor that, as of the date of this Amendment No. 2, Contractor is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.

5. Authority. The persons executing this Amendment No. 2 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this agreement, such party is formally bound to the provisions of this Amendment No. 2, and (iv) the entering into this Amendment No. 2 does not violate any provision of any other agreement to which said party is bound.

IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on the date and year first-above written.

01135.0001/806927.2 -6-
CITY:

CITY OF BELL, a California charter city
_________________________________
Alicia Romero, Mayor
ATTEST:
__________________________________
Angela Bustamante, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
__________________________________
David J. Aleshire, City Attorney CONTRACTOR:

GLOBAL PARATRANSIT, INC., a
California corporation
By: ___________________________
Name:

Title:

By: ___________________________
Name:

Title:

Address: 400 West Compton Bvld.

Gardena, CA 90248
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES SHALL BE DULY

NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS

MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.

01135.0001/806927.2

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity u pon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

01135.0001/806927.2

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity u pon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

D
ATE: September 14, 2022
TO
: Mayor and Members of the City Council
F
ROM: Gabino C. Luna, Public Works Manager
Manuel Acosta, Community Development Director
APPR
OVED Michael L. Antwine II (e-signature)
BY: ___________________________________
Michael L. Antwine II, City Manager
SU
BJECT: Accept the 4500 Gage Ave. Demolition Project as complete and authorize staff to file the Notice of Completion with the Los Angeles County Recorder RECOMMENDATION:

I
t is recommended that the City Council:

1. R
ead by title only, waive further reading and adopt Resolution No. 2022-58 titled:
“A RE

SOLUTION OF THE CITY COUNCIL OF THE CITY OF
BELL ACCEPTING THE 4500 GAGE AVENUE DEMOLITION

PROJECT AS COMPLETE AND AUTHORIZING STAFF TO

PREPARE AND FILE THE NOTICE OF COMPLETION WITH THE
LOS ANGELES COUNTY REGISTRAR - RECORDER OFFICE”

2. A
uthorize staff to release retention thirty – five (35) days after filing of the Notice of Completion.

BACKGROUND:

A
t approximately 3:00 a.m. on Sunday, January 8, 2022, a fire was reported at the former Sopp Chevrolet building located on the southeast corner of Atlantic Avenue and Gage Avenue.

On Wednesday, January 12, 2022, the Public Works Division secured the perimeter with chain - link fencing, closed the adjacent sidewalk, established a pedestrian detour plan, and collaborated with Metro to move bus line 110 bus stop (located on Gage in front of the damaged building) 70 feet eastward on Gage Avenue.

O
n that same day, City Council then authorized a budget amendment to appropriate $250,000 from the General Fund Reserves for the Emergency Cleanup at the site. The same action also authorized staff to clean up the structural fire which includes demolition, debris removal, cleaning, and fencing.

C
ity Staff requested estimates from multiple contractors and the City’s property insurance City of Bell
Agenda Report
AGENDA ITEM 7

provider. The City’s insurance provider, McLarens Insurance, ATI Restoration, and JS Held met with staff on January 24, 2022, for a site walkthrough and discussion. It was revealed then that the City’s property insurance covers the mitigation as well as monies for property value.

On February 23, 2022 , the City Council approved entering into an agreement with ATI Restoration, LLC for the mitigation of fire debris and demolition work in conjunction with the insurance claim process. The Project Manager, Gabino Luna issued a notice to proceed (NTP) to ATI Restoration, LLC to immediately begin the demolition construction on Monday, March 14, 2022.

DISCUSSION:

The 4500 Gage Ave. Demolition Project took 35 working days to complete. This included the removal of the above surface structure, concrete foundation, footings, as well as addressing unforeseen issues such as abandonment of utilities, unexpected underground footings, and other construction delays. After the Notice of Completion (NOC) is filed, if no liens or claims are received within 35 days of filing the NOC with the Los Angeles County Recorder, the City will release all retained funds to ATI Restoration, LLC. The amount retained is $19,480.61.

ATI Restoration, LLC has received a signed off final inspection as of April 22, 2022. At this point, City Staff is working with the insurance company to dial in final settlement costs to receive reimbursement for the total demolition costs.

FISCAL IMPACT:

The final project construction budget details are as follows:

Table 1- Total Costs Incurred
Description Reimbursable
by Insurance?
(Y/N)
Total
Temporary Fencing Y $5,138
Comprehensive Survey & Point Count Y $7,500
Environmental Monitoring Services Y $3,100
Traffic Control Services Y $9,160
Consulting Services Y $2,360
Construction Demolition Services Y $194,806
Sidewalk Reconstruction (Public Works) Y $3,191
Engineering Services Y $638.75
Total Demolition Cost: $225,894

ATTACHMENTS:

1) Resolution No. 2022-58
2) Notice of Completion

Resolution 2022-58

RESOLUTION NO. 2022-58

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
ACCEPTING THE 4500 GAGE AVENUE DEMOLITION

PROJECT AS COMPLETE AND AUTHORIZING STAFF TO

PREPARE AND FILE THE NOTICE OF COMPLETION WITH THE

LOS ANGELES COUNTY REGISTRAR - RECORDER OFFICE

WHEREAS, on January 8, 2022, a fire was reported at the former Sopp Chevrolet building located on the southeast corner of Atlantic Avenue and Gage Avenue; and

WHEREAS, on January 12, 2022, the Public Works Division secured the perimeter with chain-link fencing, closed the adjacent sidewalk, established a pedestrian detour plan, and collaborated with Metro to move bus line 110 bus stop (located on Gage in front of the damaged building) 70 feet eastward on Gage Avenue and;

WHEREAS, on that same day, City Council then authorized a budget amendment to appropriate $250,000 from the General Fund Reserves for the Emergency Cleanup at the site.

The same action also authorized staff to clean up the structural fire which includes demolition, debris removal, cleaning, and fencing; and
WHEREAS, ATI Restoration Inc., received notice to proceed on March 14, 2022; and WHEREAS, if no liens nor claims are received within 35 days of filing Notice of Completion, the retained payment funds, and any amount due will be released to ATI Restoration, Inc.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL DOES HEREBY:

SECTION 1. Accept the Project as complete.

SECTION 2. Authorize the City Clerk to file a Notice of Completion with the Los Angeles County Recorder.

SECTION 3. Authorize the release of any retention 35 days after the filing of the Notice of Completion if no liens or stop notices are received.

PASSED, APPROVED, AND ADOPTED this 14
th day of September 2022.

__________________________________
Monica Arroyo, Mayor

ATTEST:

_________________________________
Angela Bustamante, City Clerk

Resolution 2022-58

APPROVED AS TO FORM:

_________________________
David Aleshire, City Attorney

CERTIFICATE OF ATTESTATION AND ORIGINALITY

I, Angela Bustamante, City Clerk of the City of Bell, hereby attest to and certify that the foregoing resolution is the original resolution adopted by the Bell City Council at its regular meeting held on the 14
th day of September, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________
Angela Bustamante, City Clerk

(“President of,” “Manager of,” “A partner of,” “Owner of,” etc.)

RECORDING REQUESTED BY

AND WHEN RECORD
ED MAIL TO:

Name
Street
Address
City
&
State
SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY

NOTICE OF COMPLETION
Notice is hereby
given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:

2. The full name of the owner is

3. The full address of the owner is

4. The natur
e of the interest or estate of the owner is in fee.
(If other than fee, strike “in Fee” and insert, for example, “purchaser under contract of purchase,” or “lessee”)

5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:

NAMES ADDRESSES

6. A wo
rk of improvement on the property hereinafter described was completed on . The work done was:

7. The name of the
contractor, if any, for such work of improvement was
(If no contractor for work of improvement as a whole, insert “none”) (Date of Contract)

8. The property on which said work of improvement was completed is in the city of , County of , State of California, and is described as follows:

9. The street addre
ss of said property is
(If no st reet address has been officially assigned, insert “none”) Dated:

Signature of owner of corporate officer of owner
named in paragraph 2 or his agent

VERIFICATION
I, the undersigned, say: I am the the declarant of the foregoing notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on , 20 , at , California.
(Date of signature) (Ci ty where signed)
(Personal signature of the individual who is swearing that the contents of the notice of completion are true)

City of Bell
Agenda Report
D
ATE: Wednesday, September 14, 2022
TO
: Mayor and Members of the City Council
F
ROM: Gabino C. Luna, Public Works Manager
APPR
OVED Michael L. Antwine II (e-signature)
BY: __________________________________
Michael L. Antwine II, City Manager
SU
BJECT: Reject All Bids for the Citywide Battery Backup System Material Procurement, Bid # PW-202204.

RECOMMENDATION:

I
t is recommended that City Council reject all bids for the Citywide Battery Backup System Material Procurement.

BACKGROUND:

The
Citywide Battery Backup System Material Procurement scope for materials included several power inverter units and backup batteries to supply backup power for all traffic signal systems citywide.

The pr
ocurement was advertised for bid on May 27, 2022, with the bid opening scheduled for June 9, 2022. The bid opening was conducted at City Hall on June 9, 2022, and the bid was advertised for a total of 13 days. There was only one (1) bid that was submitted for the project in the amount of $198,611.75.

DISCUSSION:

A
fter reviewing the bid and comparing it to the bid schedule and specification staff noticed an error in the RFP document after bid closing.

S
taff will prepare changes to the bid schedule and bid specification requirements to be consistent and to ensure that the backup battery systems installed at all City Intersection meet the desired runtime requirements for public safety and standby personnel.

ATTACHMENTS:

N
one.

AGENDA ITEM 8