Bell City Council
June 26, 2024

Agenda

Regular Meeting of the

Bell City Council/Bell Community Housing Authority/Successor Agency to the Bell Community Redevelopment Agency/ Bell Public Finance Authority

Wednesday, June 26, 2024

5:30 P.M. CLOSED SESSION
7:00 P.M. OPEN SESSION

BELL COMMUNITY CENTER
6250 PINE AVENUE, BELL CA 90201

Ali Saleh
Mayor

Monica Arroyo Francis Flores
Vice-Mayor Council Member

Ana Maria Quintana Alicia Romero 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 Community Center, 6250 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

There 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

If 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 prior 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

The 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 Membe
rs 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
June 26, 2024

REGULAR JOINT MEETING OF THE

Bell City Council/Bell Community Housing Authority/Successor Agency to the Bell Community Redevelopment Agency/Bell Public Finance Authority

June 26, 2024

5:30 P.M. Closed Session
7:00 P.M. Regular Meeting

Location: Bell Community Center, 6250 Pine Avenue, Bell CA 90201

Call to Order

Roll Call of the City Council in their capacities as Councilmembers/Members of all Related Agencies: Councilmembers Flores, Quintana, Romero, Vice-Mayor Arroyo, and Mayor Saleh

Communications from the Public on Closed Session Items

This is the time for members of the public to address the City Council and related Authorities and Agencies only on items that are listed under Closed Session.

Closed Session

The City Council and the related Authorities and Agencies will recess to closed session to confer with legal counsel regarding the following matters:

a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Properties: 6500 Lucille Avenue, Bell CA 90201
Agency negotiators: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Negotiating parties: To be Determined

b. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Properties: 6415 Atlantic Avenue, Bell CA 90201
Agency negotiators: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Negotiating parties: To be Determined

c. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Property: 7030 Atlantic Avenue, Bell CA 90201

MEETING WILL BE HELD IN-PERSON AT THE BELL COMMUNITY CENTER

PUBLIC COMMENT: I f 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 submit 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, June 26, 2024. 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
June 26, 2024
Agency negotiators: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Negotiating parties: To be Determined

d. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Property: 4400-4410 Gage Avenue, Bell CA 90201
Agency negotiators: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Negotiating parties: To be Determined

e. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Property: 4773-4777 Gage Avenue, Bell CA 90201
Agency negotiators: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Negotiating parties: To be Determined

f. Potential Initiation of litigation pursuant Government Code Section 54956.9(d)(4): Two (2) Cases

g. CONFERENCE WITH LABOR NEGOTIATORS- Government Code Section 54957.6, Agency designated representatives: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Employee Organization: Bell Police Officers Association (BPOA)

h. CONFERENCE WITH LABOR NEGOTIATORS- Government Code Section 54957.6, Agency designated representatives: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Employee Organization: Bell City Employee Association (BCEA)

Reconvene Regular City Council Meeting

Call to Order

Roll Call of the City Council in their capacities as Councilmembers/Members of all Related Agencies: Councilmembers Flores, Quintana, Romero, Vice-Mayor Arroyo, and Mayor Saleh

Pledge of Allegiance

City Attorney Report

The City Attorney will report out on any action(s) to be taken by the City Council/Agencies on Closed Session matters.

Presentations and Recognitions

a. Proclamation declaring the month of July 2024 as Park & Recreation Month b. Recognition of Bell High School Boys Baseball Team; Girls Softball Team; Girls Cheer Team; and Girl Wrestler

Communications from the Public

This 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 of the
Bell City Council and Related Agencies
June 26, 2024
Mayor and City Council Communications

Pursuant 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.

City Manager Report

In 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.

Public Hearing(s)

The following 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. . Adoption of the Recommended Budget for Fiscal Year 2024-2025 (Council)

Recommendation: It is recommended that the City Council read by title only, waive further reading and adopt Resolution No. 2024-29 titled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

ADOPTING THE CITY BUDGET FOR THE FISCAL YEAR
COMMENCING JULY 1, 2024, AND ENDING JUNE 30, 2025

Business Session

2. Limited License to Enter Agreement Between Excel Paving Company and City of Bell. (City Council)

Recommendation It is recommended that the City Council:

1. Approve the Limited License to Enter Agreement between Excel Paving and City of Bell for a lease term of two months; and

2. Authorize the City Manager to execute the Limited License to Enter Agreement.

3. Professional Services Agreement with CSG Consultants to Provide Environmental Services for the Pritchard Field Improvements Project. (City Council)

Recommendation: It is recommended that the City Council:

1. Approve the Agreement for Contract Services with CSG Consultants (CSG) in a not to exceed amount of $64,200 to provide environmental services related to the Pritchard Field Improvements Project including the preparation of an Environmental Assessment in accordance with the National Environmental Protection Act (NEPA) guidelines and requirements as set forth by the Department of Housing and Urban Development’s Assisted Projects Program; and

2. Authorize the City Manager to approve additional services under this Agreement in an amount not to exceed $6,420 (ten percent of the not to exceed amount)

4. Consideration to Approve Amendment No. 3 to Agreement between the City of Bell and Mariposa Landscape Services, Inc. for City Landscape Maintenance Services. (City Council)

Meeting of the
Bell City Council and Related Agencies
June 26, 2024

Recommendation: It is recommended that the City Council approve Amendment No. 3 with Mariposa Landscapes, Inc. (Mariposa) for City Landscape Maintenance Services for a one- year term from July 1, 2024 through June 30, 2025.

5. Consideration to Award a Contract to HQE Systems, Inc. for Installation of an Access Control System for the Police Department Facility. (City Council)

Recommendation: It is recommended that the City Council:

1. Award a contract in the amount of $41,304.46 to HQE Systems, Inc. for installation of an Access Control System for the Police Department Facility; and

2. Authorize the City Manager to execute change orders for a total amount of not to exceed $4,130 (ten percent of the bid amount) for any necessary additional work.

6. Civic Center Improvements / Interior Painting Project – Award of Construction Contract (City Council)

Recommendation: It is recommended that the City Council:

1. Award a construction contract in the amount of $57,528 to A.J. Fistes Corporation for the Civic Center Improvements / Interior Painting Project

2. Authorize the City Manager to execute change orders to the project in a total amount not to exceed $5,753 (ten percent of the bid amount) for any necessary additional work.

7. Civic Center Improvements / Flooring Replacement Project – Award of Construction Contract (City Council)

Recommendation: It is recommended that the City Council:

1. Award a construction contract in the amount of $53,532.82 to Lawrence W. Rosine Co. for the Civic Center Improvements / Flooring Replacement Project; and

2. Authorize the City Manager to execute change orders to the project in a total amount not to exceed $5,353 (ten percent of the bid amount) for any necessary additional work.

8. Street Improvement Project Fiscal Year 2023-2024 – Award of Contract. (City Council)

Recommendation: It is recommended that the City Council:

1. Award a construction contract in the amount of $1,026,022 to Sequel Contractors, Inc. for the Street Improvement Project Fiscal Year 2023-2024; and

2. Authorize the City Manager to execute change orders to the project in a total amount not to exceed $102,602.20 (ten percent of the bid amount) for any necessary additional work.

9. Consideration to approve a New Agreement with Duke Studio, Inc., for Mobile Home Parks and Housing Unit Maintenance Services for an amount not to exceed $335,000 per year, with

Meeting of the
Bell City Council and Related Agencies
June 26, 2024
a one-year extension. (Bell Housing Authority)

Recommendation: It is recommended that the Chair and Members of the Board approve a new Agreement with Duke Studio, Inc., for Mobile Home Parks and Housing Unit Maintenance Services for one year, with a one-year extension.

10. Consideration of approving a New Agreement with AXON Enterprise, Inc. for 35 Axon Body Worn Camera’s (BWC) equipment and Software for Bell Police Department uniformed officers in the amount not-to-exceed $115,576.36. (City Council)

Recommendation: It is recommended that the City Council approve a New Agreement with AXON Enterprise, Inc. in the amount not-to-exceed $115,576.36.

11. Professional Service Agreement with Ramboll Americas Engineering Solutions, Inc. to conduct a Phase I Site Assessment and Advisory services based on the Department of Toxic Substance Control - Equitable Community Revitalization Grant the City was awarded to complete a Community Wide Assessment on Florence Ave and Walker Ave, consisting of the Florence Mobile Home Park, Former Pacific Alternators and Pritchard Field. (City Council)

Recommendation: It is recommended that the City Council approve the Professional Service Agreement with Ramboll Americas Engineering Solutions, Inc.

12. Approve the Engineer’s Report and Set the Public Hearing to Consider Annual Assessments Within the Citywide Sanitary Sewer Maintenance District with No Increase in Assessments . (City Council)

Recommendation: It is recommended that the City Council read by title only, waive further reading and adopt Resolutions 2024-30, 2024-31 and 2024-32.

Consent 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.

Recommendation: Approve agenda items 13 and 14.

13. General Warrants, Successor Agency to the Bell Community Redevelopment Agency and Community Housing Authority Warrants of June 26, 2024. (Council/Successor Agency to the Bell Community Redevelopment Agency/Bell Community Housing Authority).

14. It is recommended that the City Council authorize the purchase of Microsoft Office 365, through Intelli-Tech. This acquisition will enhance our productivity, improve collaboration, and ensure we have access to the latest tools and security features. (City Council)

Pending Items – None

July 10, 2024 Council Meeting Cancelled
Next Regular Meeting, Wednesday, July 24, 2024

Meeting of the
Bell City Council and Related Agencies
June 26, 2024
I, Angela Bustamante, City Clerk of the City of Bell, certify that a true, accurate copy of the foregoing agenda was posted June 21, 2024 at least seventy-two (72) hours prior to the meeting as required by law.

__________________________
Angela Bustamante, City Clerk

REGULAR MEETING OF THE

BELL CITY COUNCIL AND RELATED AGENCIES

June 26, 2024

5:30 P.M. Closed Session
7:00 P.M. Regular Session

INDEX

Agenda Category Item Number Page Numbers

CLOSED SESSION a – h

AGENDA & INDEX 1-9

PUBLIC HEARINGS 1 10

BUSINESS SESSION 2 11-15
3 16-46
4 47-112
5 113-206
6 207-208
7 209-210
8 211-255
9 256-265
10 266-268
11 269-293
12 294-385

CONSENT CALENDAR 13 386-453
14 454-459

UNDER SEPARATE COVER
AGENDA ITEM NO. 1

1. A
doption of the Recommended Budget for Fiscal Year 2024- 2025. (C
ouncil)
Re
commendation: It is recommended that the City Council read by titl e onl
y, waive further reading and adopt Resolution No. 2024-29 titled:

A

RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF BELL ADOPTING THE CITY BUDGET FOR THE
FISCAL YEAR COMMENCING JULY 1, 2024, AND
ENDING JUNE 30, 2025

AGENDA ITEM 2
City of Bell
Agenda Report
D
ATE: June 26, 2024
T
O: Mayor and Members of the City Council
F
ROM: John Oskoui, P.E., Interim Public Works Director
Rey Alfonso, P.E., City Engineer
APPR
OVED Michael L. Antwine II (e-signature)
BY: ___________________________________
Michael L. Antwine II, City Manager
SU
BJECT: Limited License to Enter Agreement Between Excel Paving Company and City of Bell
R
ECOMMENDATION:

It i
s recommended that the City Council:
1) A
pprove the Limited License to Enter Agreement between Excel Paving and City of Bell for a lease term of two months; and
2) A
uthorize the City Manager to execute the Limited License to Enter Agreement.

B
ACKGROUND:

E
xcel Paving is working on a Cold Central Plant Recycling project for Los Angeles County Public Works. Excel Paving Company (Excel Paving) needs a site to store their materials and equipment during construction. Excel Paving approached the city and requested temporary use of a city owned vacant lot at 5241 Florence Avenue for storage.

D
ISCUSSION:

C
ontractors at times use available vacant lots for staging purposes during construction. The vacant lot at 5241 Florence Avenue (APN No. 6327-034-906) is available for lease. The lease will be for two months at $5 ,000 per month. Staff requests that the City Manager be authorized to execute the Limited License to Enter Agreement.

FIS
CAL IMPACT:

Ther
e will be no impact to the General Fund. The City will lease the vacant lot for $5 ,000 per month not to exceed two (2) months. This will generate income for the City for the maintenance of the vacant lot.

A
TTACHMENT:
1) Li
mited License to Enter Agreement Between Excel Paving and City of Bell

ATTACHMENT 1

LIMITED LICENSE TO ENTER AGREEMENT

THIS L IMITED LICENSE TO ENTER AGREEMENT (this “Agreement”), dated as of this _____ day of ____________, 2024 (“Agreement Date”) is made and entered into by and between the CITY OF BELL, a municipal corporation (" City") and PALP, Inc. dba Excel Paving Company, a California corporation ("Licensee"). City and Licensee are sometimes hereinafter individually referred to as a “ Party” and jointly as the “Parties”.

R

ECITALS

A. C ity owns that certain real property consisting of parcels located at 5241 Florence Avenue in the City of Bell (APN No. 6327-034-906), and more specifically described on Exhibit “A” (“City Property”).

B. City and Licensee have agreed that Licensee may enter City Property for the purpose of specified below.

TERMS

NOW, THEREFORE, for good and valuable consideration, City and Licensee hereby agree as follows:

1. Grant. Subject to the terms of this Agreement, City grants to Licensee, at Licensee’s sole cost , expense and risk, a license to enter City Property for the limited purpose s of staging for a project (“Staging Work”). City shall have the right, but not the obligation, to have an employee present at all times of entry by Licensee, its agents, employees or contractors.

2. Term. This Agreement shall commence on the Agreement Date and terminate two (2) months from the Agreement Date unless sooner terminated pursuant to Section 8.

3. C onsideration. As consideration for this Agreement, Licensee shall pay the sum of Ten Thousand Dollars ($10,000.00) as of the Agreement Date (“Licensee Fee”). Furthermore, Licensee shall also install at its sole cost and expense fencing for the City Property and provide providing traffic control and flag operators (during peak traffic hours).

4. C ompliance with Law ; Remediation Work . At Licensee’s sole cost and expense, Licensee shall promptly obtain all permits required by any applicable governmental City having jurisdiction and perform all Staging Work strictly in compliance with all applicable laws and the permits and in accordance with the plans and requirements approved by City. Notwithstanding the forgoing Licensee shall be liable for the cost to remediate all hazardous substances, including, without limitation , asbestos or lead- based paint contaminations, that may be discovered on City Property including any that existed prior to the Agreement Date. Prior to commencing any Staging Work, Licensee shall, at its sole cost and expense, retain a licensed and insured contamination removal contractor regarding any lead -based paint, a sbestos or other environmental hazards on City Property. If the Project is not approved for any reason, City has no obligation to reimburse Licensee for the Staging Work.

5. N otice Prior to Entry. Prior to the initial entry onto City Property, Licensee shall provide the certificate of insurance pursuant to Section 9 and copies of all government permits in accordance with Section 4. Prior to each proposed entry, Licensee shall provide City with written request which shall include the date(s) and time(s), the specific purpose of intended entry , and the names and affiliations of the persons entering City Property. Upon entry, Licensee shall conduct all Staging Work in a diligent, expeditious and safe manner, and shall not allow any dangerous or hazardous conditions to exist on City Property at any time including after completion of the Staging Work.

6. M echanic's Liens. Licensee shall keep City Property free and clear of all mechanic and materialmen's liens, lis pendens and other liens arising out of the entry and Staging Work performed under this Agreement.

7. Indemnity. Licensee agrees to indemnify, and hold City and the City and each of their respective officials, officer s, employees and representatives free and harmless from and against any and all losses,

damages (whether general, punitive or otherwise), liabilities, claims (including, but not limited to, mechanic lien claims), causes of action (whether legal, equitable or administrative), judgments, court costs and legal or other expenses (including attorneys' fees and costs) which City or the City may suffer or incur as a consequence of Licensee’s exercise of the license granted by this Agreement or any act or omission by Licensee, any contractor, subcontractor or material supplier, engineer, architect or other person or entity acting by or under Licensee, including the filing of any liens under Section 6.

8. Termination. If Licensee violates this Agreement, City may terminate this Agreement by providing written notice of such election to terminate Licensee, provided, however that Licensee’s obligations under Sections 4, 5, 6 & 7 as well as Sections 11 through 20, inclusive, shall survive termination. Licensee may elect to terminate this Agreement upon written notice to City, however, the License Fee shall not be prorated and shall be retained by City. Upon completion of the Staging Work, this Agreement shall terminate.

9. Insurance. During the term of this Agreement, Licensee shall maintain in full force, at its own expense, and deliver to City (i) evidence of workers' compensation insurance (or state approved self -insurance) on all persons entering City Property in the amounts required by the State of California; and (ii) a certificate of insurance from a reputable insurer licensed to do business in the State of California evidencing that Licensee has procured and paid premiums for an all-risk public liability insurance policy written on a per occurrence and not claims made basis in a combined single limit of not less than TWO MILLION DOLLARS ($2,000,000) which insurance names the City and City as an additional insured.

10. Assignment. Licensee may not assign this Agreement or any of its rights or obligations to any third party or entity without the prior written consent of City which may be withheld in its sole and absolute discretion.

Notwithstanding the foregoing, Licensee may retain licensed contractors to enter the City Property and perform the Staging Work but Licensee shall remain fully liable for all acts of such contractors.

11. Notices. Any notices, demands or communications under this Agreement between the Parties shall be in writing, and may be given either by (i) personal service, (ii) overnight delivery, or (iii) mailing via United States mail, certified mail, postage prepaid, return receipt requested (“US Mail”), addressed to each Party as set forth on the signature page of this Agreement or such other address as may be furnished in writing by a party, and such notice or communication shall, if properly addressed, be deemed to have been given as of the date so deli - vered, or three (3) business days after deposit into the U.S. Mail.

12. Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.

13. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. If any legal action is necessary to enforce the terms and conditions of this Agreement, the parties agree that a court of competent jurisdiction in Los Angeles County shall be the sole venue and jurisdiction for the bringing of such action.

14. Legal Fees and Costs. In the event of any litigation or other legal proceeding including, but not limited to, arbitration or mediation between the parties arising from this Agreement, the prevailing Party will be entitled to recover, in addition to any other relief awarded or granted, its reasonable costs and expenses (including attorney’s fees) incurred in the proceeding.

15. Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement supersedes all prior agreements and understandings between the Parties with respect to the subject matter of this Agreement.

16. Construction. In determining the meaning of, or resolving any ambiguity with respect to, any word, phrase or provision of this Agreement, no uncertainty or ambiguity shall be construed or resolved against a party under any rule of construction, including the party primarily responsible for the drafting and preparation of this Agreement. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.

17. Qualification; Authority. Each individual executing this Agreement on behalf Licensee represents, warrants and covenants to City that (a) such person is duly authorized to execute and deliver this Agreement on behalf of such entity in accordance with authority granted under the organizational documents of such entity, and (b) such entity is bound under the terms of this Agreement.

18. Modifications in Writing. Any modification or amendment of any provision of this Agreement must be in writing and bear the signature of the duly authorized representatives of Licensee and City.

19. No Waiver. The failure of a Party to enforce any term, covenant, or condition of this Agreement on the date it is to be performed shall not be construed as a waiver of that Party’s right to enforce this, or any other, term, covenant, or condition of this Agreement at any later date or as a waiver of any term, covenant, or condition of this Agreement.

20. No Third Party Beneficiaries. This Agreement is only between the Parties, and is not intended to be nor shall it be construed as being for the benefit of any third party.

21. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall be deemed but one and the same instrument, and a facsimile copy of such execution shall be deemed an original.

22. I
ncorporation of Recitals and Exhibit. The Recitals and Exhibit “A” are hereby incorporated into the Agreement and made a part thereof by this reference.

IN WITNESS WHEREOF, the Par ties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth.

“LICENSEE” “CITY”

PALP, Inc. dba Excel Paving Company, a
California corporation

By: ___________________________

Its: ________________________

Dated: _________________, 2024

Address for Notice:

Curtis P. Brown, III
President
2230 Lemon Avenue
Long Beach, CA 90806
CITY OF BELL, a municipal corporation

By: ___________________________

Its: ________________________

Dated: _________________, 2024

Address for Notice:

City of Bell
Mark Antwine, City Manager
6330 Pine Avenue
Bell, CA 90201

Exhibit “A”

LEGAL DESCRIPTION OF CITY PROPERTY

That certain real property in the City of Bell, County of Los Angeles, State of California, legally described as follows:

(To be added at time of execution of Agreement)

AGENDA ITEM 3

City of Bell
Agenda Report

DATE: June 26, 2024

TO: Mayor and Members of the City Council

FROM: John Oskoui P.E, Interim Public Works Director

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

SUBJECT: Professional Services Agreement with CSG Consultants to Provide Environmental Services for the Pritchard Field Improvements Project

RECOMMENDATION:

It is recommended that the City Council:

1. Approve the Agreement for Contract Services with CSG Consultants (CSG) in a not to exceed amount of $64,200 to provide environmental services related to the Pritchard Field Improvements Project including the preparation of an Environmental Assessment in accordance with the National Environmental Protection Act (NEPA) guidelines and requirements as set forth by the Department of Housing and Urban Development’s Assisted Projects Program

2. Authorize the City Manager to approve additional services under this Agreement in an amount not to exceed $6,420 (ten percent of the not to exceed amount).

BACKGROUND:

The City’s Capital Improvement Program includes the Pritchard Field Improvements Project (Project). In 2020, the city was awarded $4,499,388 from the 2018 Parks Bond Act by the California Department of Parks and Recreation (DPR), for the Project.

The design phase of the Project started in June of 2023 and was completed in April of 2024. In March of 2024, while Staff was preparing to finalize the design phase and start the bidding phase of the Project, the City was informed by Congressman Garcia’s office that the City has been awarded $1,116,279 from the Community Development Fund for the “Pritchard Field Park Improvements”. The City was also told that the Department of Housing and Urban Development (HUD) will allocate the funds through its Assisted Projects Program and that HUD would communicate with the City to execute a grant agreement.

DISCUSSION:

To date, the City has not received the necessary information from HUD regarding the required grant agreement. However, staff through indirect contacts with HUD has learned that although a construction contract could be awarded by the City prior to execution of an Agreement with HUD

AGENDA ITEM 3

however, the C ity must follow the NEPA guidelines and regulations prior to award of such a contract. As such, although the City is going through the bidding phase of the Project, preparation and filing of the required NEPA documents prior to award of a construction contract needs to start immediately.

Staff reached out to qualified firms to submit proposals to prepare the necessary environmental assessment and documents. Staff received proposals from Avant Garde and CSG. CSG provided a competitive proposal to prepare the technical components within a competitive and reasonable fee (Attachment 1). The proposed fee is $62,600. The proposed services include attendance of the consultant in meetings and hearings as necessary. The cost of attending meetings is set at $800 per meeting. Although the number of meetings requiring attendance by the consultant is not clear, it is wise to allocate attendance in two (2) meetings for $1,600. Therefore, the projected sum not to exceed the contract will be $64,200, plus the 10% percent change order.

Staff respectfully requests that the City Council approve the Agreement for Contract Services between the City and CSG Consultants in the amount of $64,200 for preparation and filing of the necessary environmental review documents per NEPA guidelines and requirements for the Pritchard Filed Improvements Project.

FISCAL IMPACT:

There is no fiscal impact on the General Fund. The cost of professional services provided by CSG will be paid through the Pritchard Field Improvements Project funds.

ATTACHMENTS:

1. CSG Proposal Dated June 11, 2024

2. Agreement for Contract Services with CSG Consultants

ATTACHMENT 1

01135.0001/861760.1 1

CONTRACT SERVICES AGREEMENT

By and Between

CITY OF BELL

and

CSG Consultants

01135.0001/861760.1

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF BELL AND

CSG CONSULTANTS
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement” ) is made and entered into this 26th day of June, 2024 by and between the City of Bell, a California charter city (“City”) and CSG Consultants (“Consultant” ). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”

RECITALS
A. City has sought proposals for the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Consultant , following submission of a proposal for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of Bell Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement 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. S ERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “ Scope of Services ” 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, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services des cribed herein. Consultant covenants that it shall follow the highest professional standards in 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

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standards of practice recognized by one or more first -class firms performing similar work under similar circumstances.

1.2 C onsultant ’s Proposal.

The Scope of Services shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 C ompliance with Law .

Consultant 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 L icenses, Permits, Fees and Assessments.

Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement.

Consultant 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 Consultant ’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.

1.5 F
amiliarity with Work .

By executing this Agreement , Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services 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, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’ s risk until written instructions are received from the Contract Officer.

1.6 C
are of Work.

The Consultant shall adopt reasonable methods 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

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responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

1.7 F urther 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.

1.8 A
dditional Services .

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 Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant , incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or , in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.9 S pecial 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 Consultant 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 Sixty-Four Thousand Two Hundred Dollars ($64,200) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.

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2.2 M ethod 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 contract retention; (iii) payment for time and materials based upon the Consultant’ 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 R eimbursable 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 Consultant 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 Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.4 In voices.

Each month Consultant 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, Consultant 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. Consultant shall not invoice City for any duplicate services performed by more than one person.

City sh all independently review each invoice submitted by the Consultant 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 Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty -five (45) days of receipt of Consultant’ s correct and undisputed invoice; however, Consultant 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 any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Wai
ver.

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

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ARTICLE 3. P ERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 S chedule of Performance.

Consultant 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 Consultant, 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.

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 Consultant, 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 Consultant 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 Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’ s sole remedy being extension of the Agreement pursuant to this Section.

3.4 T
erm .

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 year from the date hereof, except as otherwise provided in the Schedule of Performance ( Exhibit “D”). [The City may, in its sole discretion, extend the Term for one additional one-year terms.] ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

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

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(Name) (Title)

(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 foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.

Consultant shall notify City of any changes in Consultant’ s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 S
tatus of Consultant .

Consultant 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. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant ’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’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. Consultant expressly waives any claim Consultant may have to any such rights.

4.3 C
ontract Officer .

The Contract Officer shall be John Oskoui, Interim Public Works Director, or such person as may be designated by the City Manager . It shall be the Consultant’ s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant 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.

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4.4 I ndependent Consultant .

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant , 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 Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant 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 Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 P
rohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant , its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant 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 . 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 Consultant , 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 Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. I

NSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant 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) G eneral liability insurance . Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 0 1, 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. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury

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and property damage for all activities of the Consultant 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) P
rofessional liability (errors & omissions) insurance . Consultant 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 Agreement and Consultant 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 .

Consultant shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors .

Consultant 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 . Consultant 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 .

Consultant 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 Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. C
overage provided by Consultant 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.

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(d) C ity ’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 Consultant or City will withhold amounts sufficient to pay premium from Consultant 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.
(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 Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract p r
ovisions (non-estoppel) . Consultant
acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant 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 Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation .

Consultant 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.

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(k) P rohibition 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 Consultant’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. Consultant 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 Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant 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. Consultant 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 Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-in
sured 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. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant 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, Consultant 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 cl aimed 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 Consultant , its officers, employees, agents, subcontractors, or invitees, or any individual or

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entity for which Consultant is legally liable (“indemnitors ”), or arising from Consultant’ s or indemnitors’ reckless or willful misconduct, or arising from Consultant’ s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant 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) Consultant 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 Consultant hereunder; and Consultant 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 Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant 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.

Consultant shall incorporate similar indemnity agreements with its subcontra ctors and if it fails to do so Consultant 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 Consultant in the performance of professional services 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 Consultant and shall survive termination of this Agreement.

ARTICLE 6. RECO

RDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers , books of accounts, invoices, vouchers, canceled checks, reports, studies 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 accordance with generally accepted accou nting 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

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records and transcripts from such records. Such records shall be maintained for a period of three (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 Consultant’ s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access 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 R
eports.

Consultant 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. Consultant 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, Consultant agrees that if Consultant 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 Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 O
wnership 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 Consultant , 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 Consultant 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 Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, re use or assignment . Consultant may retain copies of such documents for its own use. Consultant shall have the 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 Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant 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.

6.4 C
onfidentiality and Release of Information .
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such

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information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Consultant , 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 Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant , 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 Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. 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. ENF

ORCEMENT 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 Consultant 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 D
isputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant 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 Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the

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invoices. 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 Consultant 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 Consultant’ 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.

7.3 R etention of Funds .

Consultant hereby authorizes City to deduct from any amount payable to Consultant (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 Consultant’s acts or omissions in performing or failing to perform Consultant’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 Consultant, 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 Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Wai ver.

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 Consultant 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.

7.5 R ights 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 L
egal 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

01135.0001/861760.1 15
provision herein, Consultant shall file a statutory 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 T ermination 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 Consultant, except that where termination is due to the fault of the Consultant , the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant 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 Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant 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 Consultant has initiated termination, the Consultant 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 terminating party need not provide the non- terminating party with the opportunity to cure pursuant to Section 7.2.

7.8 T
ermination for Default of Consultant .

If termination is due to the failure of the Consultant 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 Consultant 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 Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.9 A ttorneys’ 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.

01135.0001/861760.1 16
ARTICLE 8. CI TY 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 Consultant , 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 Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 C onflict of Interest.

Consultant 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 Consultant’ s performance of services under this Agreement. Consultant 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 subc ontractor without the express written consent of the Contract Officer . Consultant 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 r elating to the Agreement which a ffects her/his financial interest or the financial interest of any corporation, partnership or association in which (s) he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant 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 C ovenant Against Discrimination .

Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant 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 U
nauthorized Aliens .

Consultant 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 Consultant 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, Consultant hereby agrees to and shall reimburse City for the cost of all such

01135.0001/861760.1 17
liabilities or sanctions imposed, together with any and all costs, including attorneys ’ fees, incurred by City.

ARTICLE 9. M ISCELLANEOUS 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 Consultant , to the person(s) 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.

9.2 In terpretation .

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 C
ounterparts .

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 I ntegration; 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 Consultant 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 S
everability .

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

01135.0001/861760.1 18
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 War ranty & 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. Consultant 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.

Consultant 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, as a result of consequence of obtaining or being awarded any agreement. Consultant 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.

Consultant’s Authorized Initials _______

9.7 C
orporate 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) that 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]

01135.0001/861760.1 19
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

Ali Saleh, Mayor
ATTEST:

Angela Bustamante, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP

David J. Aleshire, City Attorney
CONSULTANT:

CSG Consultants
By:

Name: Cyrus Kianpour, PE, PLS
Title:President
By:

Name:

Title:

Address:3707 W. Garden Grove Blvd
Orange, CA 92868
Two corporate officer signatures required when Consultant 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. CONSULTANT’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 CONSULTANT’S BUSINESS ENTITY.

01135.0001/861760.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2024 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
_______________________________
TI
TLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
S
IGNER 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.

01135.0001/861760.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2024 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
_______________________________
TI
TLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
S
IGNER 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.

01135.0001/861760.1 A-1
EXHIBIT “A”

SCOPE OF SERVICES
I. C onsultant will perform the following Services:

A. Provide Environmental Services for the Pritchard Park Improvement Project as provided in the Consultant’s Proposal Letter dated June 11, 2024 including the following tasks:

1. Kick-Off Meeting, site visit and data collection.

2. Project Information Review /Project Description

3. Technical Review- Air Study

4. Technical Review/Traffic and Transportation

5. Technical Review/Noise Assessment

6. Technical Review/Cultural Resources and Tribal

7. Technical Review/Phase 1- Hazardous Materials Assessment

8. Administrative Draft of Environmental Assessment (EA)

9. Revised Draft EA

10. Final EA

11. Project Management and Coordination

12. Attendance at Meetings

01135.0001/861760.1 A-2
II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:

An Environmental Assessment (EA) in accordance with the National Environmental Protection Act (NEPA) guidelines and requirements set forth by the Department of Housing and Urban Development’s (HUD) Assisted Projects Program.

III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:

A. Completion of the Environmental Assessment Report (EA).

B. Filing of required notices.

C. Completion of the public hearing process.

D. Finalization of the scope of services.

IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

V. Consultant will utilize the following personnel to accomplish the Services:

Mr. Glenn Lajoie, AICP

01135.0001/861760.1 B-1

EXHIBIT “B”

SPECIAL REQUIREMENTS
(Supe rseding Contract Boilerplate)

None

01135.0001/861760.1 C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. C onsultant shall perform the following tasks at the following rates:

Task # TASK AMOUNT

1. Kick-off, site visit, data collection $1,600

2. Review Project Information $1,200

3. Tech. Review/Study Air Quality $6,900

4. Tech. Review/Study Traffic $5,100

5. Tech. Review/Study -Noise
$6,400

6. Tech. Review/Study-Cultural Resources
$4,900

7. Tech. Review/Study-Phase 2 Hazardous Materials Assessment $4,000

8. Administrative Draft Environmental Assessment
$26,000

9. Revised Draft based on agency/client comments
$2,500

10. Final Environmental Assessment
$1,500

11. Project Management and Coordination
$2,500

12. Attendance at meetings/hearings, as directed by the City (2 meetings) $1,600
Total Amount of Compensation
$64,200

II. A retention of ten 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 Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub -budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.

IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

01135.0001/861760.1 C-2
A. Line items for each task or portion of the task which has been completed.

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

V. T he total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.

01135.0001/861760.1 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. C onsultant shall perform all services timely in accordance with the following schedule:

Days to Perform Deadline Date
A. Tasks 1- 7 45 August 12, 2024
B. Tasks 8-12 45 September 26,
2024

II. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.

AGENDA ITEM 4

City of Bell
Agenda Report

DATE: June 26, 2024

TO: Mayor and Members of the City Council

FROM: John Oskoui, P.E., Interim Public Works Director

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

SUBJECT: Consideration to Approve Amendment No. 3 to Agreement between the City of Bell and Mariposa Landscape Services, Inc. for City Landscape Maintenance Services

RECOMMENDATION:

It is recommended that the City Council approve Amendment No. 3 with Mariposa Landscapes, Inc. (Mariposa) for City Landscape Maintenance Services.

By this Amendment, the parties desire to extend the term of the Agreement from July 1, 2024, to June 30, 2025, and increase the c ontract sum of the Agreement by $124,230.74 from $594,912.26 to $719,143. It is also recommended that the City Council authorize the allocation of $124,230.74 from the Gas Tax, Refuse, and Lighting and Landscape District funds.

BACKGROUND:

The City of Bell Public Works Department outsources landscape maintenance services for various city facilities, parks and major thoroughfares.

On December 12, 2018; the city entered into an Agreement with Mariposa Landscapes, Inc. for Landscape Maintenance Services. The term of the Agreement was from February 1, 2019; to June 30, 2022, with three (3) one-year extensions with the City and Mariposa’s mutual concurrence.

The total maximum compensation due under the Agreement was set at $361,579 with an increase of not to exceed $44,095 for Fiscal Year 2018-19 and $105,828 for Fiscal Year 2019 through Fiscal Year 2022.

On May 11, 2022; the City Council approved Amendment No. 1 to the Agreement with Mariposa by extending the term of the Agreement from July 1, 2022, to June 30, 2023. Amendment No. 1 also increased the Contract Sum by $113,765.64 from $361,579.00 to $475,344.64.

On May 24, 2023; the City Council approved Amendment No. 2 to the Agreement with Mariposa by extending the term of the Agreement from June 30, 2023, to July 1, 2024. Amendment No. 2 also increased the Contract Sum by $119,767.62 from $475,344.64 to $594,912.26.

AGENDA ITEM 4

DISCUSSION:

Mariposa Landscape Services, Inc. has provided satisfactory service and continues to work with City to address deficiencies and keep a consistent level of adequate maintenance. Therefore, staff recommends that the Agreement with Mariposa be extended by one year from July 1, 2024 to June 30, 2025.

Moreover, Mariposa has requested that for Fiscal Year 2024-25, its approved rates for Fiscal year 2023-2024 be adjusted by 3.9% based on the Los Angel es-Long Beach-Anaheim, CA, CPI-U- all items index for 12-month percent changes of 3.9% (please see below table).

Mariposa’s letter requesting this change is attached to this report (Attachment 5).

If the City Council approves Amendment No. 3 to its Agreement with Mariposa, then Exhibit “C” – Schedule of Compensation of the Agreement will be adjusted to reflect the 3.9% requested increase as reflected in below table. Furthermore, this will be the last time extension allowed under the Agreement. Staff will issue a Request for Proposals for Landscape Maintenance Services in the third quarter of Fiscal Year 2024-25.

SHRUB / GROUND COVER MAINTENANCE
FY-2023-2024 FY-2023-2024 CPI FY-2024-2025 FY-2024-2025 LOCATION PRICE/MONTH PRICE/YEAR 3.90% PRICE/MONTH PRICE/YEAR 1 Civic Center $190.95 $2,291.35 $7.45 $198.40 $2,380.76 2 Florence Avenue Banks $1,333.19 $15,998.32 $51.99 $1,385.18 $16,622.21 3 Gage Avenue Banks $1,524.14 $18,289.67 $59.44 $1,583.58 $19,002.98 4 Atlantic Avenue Median $1,201.01 $14,412.11 $46.84 $1,247.85 $14,974.19 5 Bandini Boulevard
Median
$1,260.88 $15,130.62 $49.17 $1,310.05 $15,720.65
6 Eastern Avenue Median $101.68 $1,220.21 $3.97 $105.65 $1,267.75 7 Camp Little Bear Park $190.95 $2,291.35 $7.45 $198.40 $2,380.76 8 Treder Park $114.12 $1,369.41 $4.45 $118.57 $1,422.85 9 Veteran’s Memorial Park $559.27 $6,711.22 $21.81 $581.08 $6,972.98 Sub-Total: $6,476.19 $77,714.26 $252.57 $6,728.76 $80,745.14

TURF MOWING / EDGING MAINTENANCE
FY-2023-2024 FY-2023-2024 CPI FY-2024-2025 FY-2024-2025

AGENDA ITEM 4

LOCATION PRICE/MONTH PRICE/YEAR 3.90% PRICE/MONTH PRICE/YEAR 1 Civic Center $1,311.73 $15,740.76 $51.16 $1,362.89 $16,354.68 2 Biancini Park $195.46 $2,345.52 $7.62 $203.08 $2,436.96 3 Treder Park $781.84 $9,382.08 $30.49 $812.33 $9,747.96 4 Veteran’s Memorial Park $1,198.75 $14,385.00 $46.75 $1,245.50 $14,946.00 Sub-Total: $3,487.78 $41,853.36 $136.02 $3,623.80 $43,485.60 TOTAL MAINTENANCE COST: $9,963.97 $119,567.62 $388.59 $10,352.56 $124,230.74

Staff respectfully requests that the City Council approve Amendment No. 3 to the Agreement between the C ity and Mariposa Landscape Services , Inc. to extend the term of the Agreement from July 1, 2024, to June 30, 2025, and increase the Contract Sum by $124,230.74 from $594,912.26 to $719,143.

FISCAL IMPACT:

The $124,230.74 cost of services to be provided by Mariposa Landscape Services, Inc. during Fiscal Year 2024-2025 will be paid through the Gas Tax, Refuse, and Lighting and Landscape District funds.

ATTACHMENTS:

1. Contract Services Agreement Dated December 12, 2018

2. Amendment No. 1

3. Amendment No. 2

4. Amendment No. 3 (Under Separate Cover)

5. Mariposa Request Letter for CPI Increase

TEL 800 • 794 • 9458 • FAX 626 • 960 • 8477 • www.mariposa-ca.com 6232 SANTOS DIAZ ST., IRWINDALE, CA 91702 • CA CONTRACTOR’S LIC # 592268 A, C-27, D-49 Our Core Values – Safety • Teamwork • Quality • Integrity

June 17, 2024

Jerry Hutchison – Public Works Manager
City of Bell
6330 Pine Avenue.

Bell, CA 90201
Phone (323) 588-5411

RE: City of Bell, Park & Medians Landscape Maintenance Contract – Request for Increase

Dear Mr. Hutchison,

As we approach the end of the current fiscal year, Mariposa Landscapes, Inc. would like to request the extension of our contract for Parks and Medians Landscape Maintenance for the upcoming fiscal year. This new term will begin July 01, 2024, and will end June 30, 2025.

Regretfully, due to the excessive increases of wages, and all consumables, we are forced to request a price adjustment equal to the most recent CPI available for the Los Angeles County which is at 3.9%. With your approval, effective July 01, 2024, this percentage will be applied to our current contract amount and unit prices. Please see attached spreadsheet for breakdown.

I would like to take this opportunity to thank you for allowing Mariposa Landscapes, Inc. to be your professional landscape maintenance service provider. We look forward to continuing our business relationship for many more years to come.

Respectfully submitted,

Miguel Medina – Maintenance Account Manager
[email protected]
(626) 991-4219 cell

AGENDA ITEM 5

City of Bell
Agenda Report

DATE: June 26, 2024

TO: Mayor and Members of the City Council

PREPARED
BY: German Alvarez, Associate Civil Engineer

FROM: Carlos Islas, Chief of Police
John Oskoui, P.E., Interim Public Works Director

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

SUBJECT: Consideration to Award a Contract to HQE Systems, Inc. for Installation of an Access Control System for the Police Department Facility

RECOMMENDATION:

It is recommended that the City Council:

1. Award a contract in the amount of $41,304.46 to HQE Systems, Inc. for installation of an Access Control System for the Police Department Facility.

2. Authorize the City Manager to execute change orders for a total amount of not to exceed $4,130 (ten percent of the bid amount) for any necessary additional work.

BACKGROUND:

The city has been evaluating the overall security of all our public facilities. More specifically, the focus has been on securing City facilities against unauthorized access. One of the first facilities to be fully reviewed and analyzed is the City’s Police Department facility.

The City’s Police and Public Works staff teamed up to review the existing conditions of the Police Department facility and outlined the framework for providing adequate level of security protocol to provide access to the facility by authorized personnel.

DISCUSSION:

On March 05, 2024, a Request for Proposals for design, configuration, procurement and installation of a complete building Access Control System was issued. The proposals were due on Friday, April 05, 2024. The City received six (6) proposals from the following proposers.

Proposers Firm Name
Amperage Security Inc.

Avante Technologies
Consumer Research Bureau, Inc.

Convergint Technologies LLC
End-Point Wireless INC
HQE Systems, Inc.

AGENDA ITEM 5

A Review Committee comprised of members of the Police and Public Works departments performed a comprehensive review of the six (6) received proposals. The proposals were evaluated and scored based on the following criteria and score points.

1. Qualifications (30 points)

2. Past Performance (20 points)

3. Understanding and approach to perform required Service (30 points)

4. Competitive pricing as compared to other qualified Proposers’ RFP responses (20 points)

Below table reflects the result of the Review Committee’s evaluation.

Rank Vendor Name Average Score
1 HQE Systems, Inc. 96
2 End-Point Wireless INC 92
3 Avante Technologies 91
4 Consumer Research Bureau, Inc. 81
5 Convergint Technologies LLC 78
6 Amperage Security Inc. 67

After completion of the evaluation process, the Review Committee members determined that to finalize the process and select the most qualified proposer, it is necessary to conduct in-person interviews with the top three selected firms of HQE Systems Inc., Avante Technologies, and End-Point Wireless INC. Interviews were held on May 9, 2024.

Below table reflects the result of the Review Committee’ s evaluation after completing the in- person interviews.

Rank Vendor Name Average Score Cost
1 HQE Systems, Inc. 96.0 $41,304.46
2 Avante Technologies 91.3 $57,521.04
3 End-Point Wireless INC 91.0 $95,310.88

Based on the results of the in-person interviews the Review Committee selected HQE Systems, Inc. as the most qualified and responsive proposer to provide a new Access Control System for the Police Department facility.

HQE Systems, Inc. is a full -service consulting, design, sales, integration, service and support provider for Access Control System s. Established in 2011, HQE Systems, Inc. has successfully completed several comparable projects in Southern California. Staff recommends that the City Council approve a new agreement with HQE Systems, Inc. If approved, the project will be completed by the end of September 2024.

FISCAL IMPACT:

There will be no impact on the General Fund. The project will be funded utilizing the American Rescue Plan Act 2021 (ARPA), and Homeland Security Grant funds.

ATTACHMENTS:

1. Agreement with HQE Systems, Inc. (Under Separate Cover)

2. Request for Proposals (Access Control System)

3. Proposal from HQE Systems, Inc.

1 CITY OF BELL
6330 Pine Ave.

BELL, CA 90201

REQUEST FOR PROPOSAL
(RFP)

ACCESS CONTROL SYSTEM

MUST BE SUBMITTED ON

PLANETBIDS
BY:

Friday, April 5, 2024 at 3:00 p.m.

PST

Date/Time
PW24-001
RFP Number

COVER PAGE
The City Council of the City of Bell, hereinafter referred to as “City” is seeking proposals from qualified firms, hereinafter referred to as “Proposers” to establish a contract for:
__________________ACCESS CONTROL SYSTEM____________________ Work provided shall be in accordance with the Scope of Work requirements attached hereto and incorporated herein by this reference as Section I.

All proposals must be submitted online via PlanetBids Portal at:
https://pbsystem.planetbids.com/portal/41032/portal-home _______________________________________________

City will reject proposals submitted other than through PlanetBids.

Electronic Proposals are due on or before the date and time specified above.

Proposers are not to contact any City personnel with any questions or clarifications concerning this RFP. All official communication concerning this RFP will be through PlanetBids – RFP# PW24- 001. Any City response relevant to this RFP other than through PlanetBids is unauthorized and will be considered invalid.

PROPOSALS WILL BE VALID FOR 120 CALENDAR DAYS AFTER CLOSING DATE
I have read and understand and agree to the terms and conditions herewith, and I am submitting a Proposal in response to this solicitation.

Date: Company Name: _ _

2 *Authorized Signature Name Title
*Authorized Signature Name Title
*If a corporation, the document must be signed by two corporate officers. The first signature must be either the Chairman of the Board, President, or any Vice President. The second signature must be either the Secretary, an Assistant Secretary, Chief Financial Officer, or any Assistant Treasurer. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstrating the legal authority of the signatory to bind the corporation.

RETURN THIS COVER PAGE WITH YOUR PROPOSAL

LATE PROPOSALS WILL NOT BE ACCEPTED

3 SECTION I: INTRODUCTION AND INSTRUCTIONS TO PROPOSERS

A) OVERVIEW

The City of Bell is requesting proposals from qualified proposers and intends to award one contract to a Proposer who will be tasked with designing, configuring, procuring and installing a complete access control system (“ACS”) in its City Hall complex. The purpose of this Request for Proposal is to provide the city with the materials, labor, and software to complete that task. The solution proposed must include the ability to support up to 80 active individual employee ID cards (for the City Hall “ACS”) .

The City intends to install “ACS” at its other facilities in the future. As such, the proposed solution shall have the capability to be expanded and becoming a single complete network “ ACS” with the capacity to support up to 250 individual employee ID cards with photo to allow access to be controlled from multiple locations, at any one time.

The proposal should also list and provide the software/hardware required to allow the City to produce, program and issue additional cards for new employees or to replace lost/damaged cards on -site once the initial location(s) are complete.

The City is seeking an Access Control System that will provide the most cost effective, technologically advanced solution. The “ACS” must accommodate the current and future requirements of all the City operations. Additionally, the “ ACS” must provide the City personnel and operations with an advanced system that is 99.9999% reliable. The selected Proposer will furnish equipment and systems administrator training for a lump sum purchase price . Proposer shall include a detailed and comprehensive schedule of values in its proposal package. The information will become a part of the Agreement for Services between the City of Bell and the Proposer (Attachment “C”).

Proposer’s employees assigned to work on-site have to be cleared through a comprehensive background check/live scan process prior to commencing work.

Federal Debarment Listing: Proposer must be registered with http://sam.gov, be ACTIVE, and in good standing with SAM.gov. A query will be made to ensure the Proposer is eligible and not in a Federal Debarment Listing at SAM.gov prior to awarding project.

Work shall be completed by the Proposer after 120 calendar days after issuance of the Notice to Proceed by the City.

B) PROPOSED SCHEDULE

RFP posted March 5, 2024
Mandatory Onsite Walk-through March 19, 2024 – 10 AM PST Deadline to submit written questions March 25, 2024 – 3 PM PST Posting of responses to questions March 29, 2024
Deadline to submit proposals April 5, 2024– 3 PM PST

C) SCOPE OF WORK

The Scope of Work (services) shall include, but not be limited to the following tasks. Proposers are encouraged to recommend alternative approaches and/or additional tasks to completing the work.

The City is requesting pricing information for the installation of 16 (sixteen) new readers on a Access control system at the City Hall complex one of which is for an automated gate located on Clarkson Avenue behind City Hall. The proposal document should the following elements:

1. Estimated materials, hardware, software, fabrication, installation, programming and testing

4 (including Sales Tax) for adding (controllers/readers/power suppliers/smartcards).

2. Recurring cost for cloud hosted service.

3. Provide a work list of locations, controllers, and doors/readers.

4. Install new wires and conduit s as needed and connect to the service panel to provide required power to all door devices.

5. Provide all hardware and system programming for connection of the new access control system to the City network(s).

6. Provide installation, testing, adjustment, and initial programming necessary for all equipment.

7. Provide written documentation and specific instructions for system as installed.

8. Provide training to the City in the operation, adjustment, servicing, and repair of the system.

9. Recommend and provide software and printer for creating keycards.

10. Create and provide template for card/badge.

11. The access credentials will be validated at the Proximity/SmartCard card readers at the access - controlled door locations. In case of emergency, the access -controlled doors should be able to lock down the facility.

D) INSTRUCTIONS TO PROPOSERS AND PROCEDURE FOR SUMBITTAL

1. Submission of Proposal:

Proposals must be submitted online at:

https://pbsystem.planetbids.com/portal/41032/portal-home

City will only accept proposals submitted online via PlanetBids on or before the Proposal Due Date specified in this RFP. Refer to Invitation Number “RFP# PW24-001.” Interested firms must be registered on the City’s PlanetBids portal to participate in this RFP.

All documents specified in Section II – Proposal Requirements shall be uploaded to PlanetBids. Any proposal submitted other than in the manner specified in this RFP will be rejected.

2. Questions and Addenda: All questions or requests for interpretation regarding this RFP must be submitted online through PlanetBids. Proposers are not to contact City personnel with any questions or clarifications concerning this RFP other than through PlanetBids. Any City response for this RFP that is not posted through PlanetBids is unauthorized and will be considered invalid.

If clarification or interpretation of this solicitation is considered necessary by City, a written addendum shall be issued. Any interpretation of or correction to this solicitation, will be made only by addendum issued through PlanetBids. It is the responsibility of each Proposer to ensure that they have received and reviewed all addenda to this RFP. For technical support with the PlanetBids system, contact PlanetBids at (818) 992-1771.

3. Validity of Proposals: Proposals must be valid for a period of at least 120 calendar days from the closing date and time for receipt of proposals.

4. Proposals are not to be marked as confidential or proprietary. City may refuse to consider any Proposal so marked. Proposals submitted in response to this RFP may become subject to public disclosure. City shall not be liable in any way for disclosure of any such records.

Additionally, all Proposals shall become the property of the City.

5. Proposer RFP Examination: By submitting a Proposal, Proposer represents that it has thoroughly examined City’s requirements and is familiar with the services required under this RFP and that it is qualified and capable of providing the services to achieve City’s objectives.

6. Proposal Compliance: Each Proposer must submit its Proposal in strict accordance with all requirements of this RFP and compliance must be stated in the Proposal. Deviations, clarifications and/or exceptions must be clearly identified and listed separately as alternative items for the City’s consideration.

7. Proposal Rejection: Any Proposal may be rejected if it is conditional, incomplete, or deviates from specifications in this RFP. City reserves the right to waive, at its discretion, any procedural irregularity, immaterial defects, or other improprieties which City deems reasonably correctable or otherwise not warranting rejection of the Proposal. Any waiver will not excuse a proponent from

5 full compliance.

8. Pre-Contractual Expenses : The City shall not, in any event, be liable for any pre -contractual expense incurred by the Proposer in the preparation of its proposal. Pre-contractual expenses are defined as expenses incurred by the Proposer but not limited to the following:
a. Preparing its proposal in response to this RFP
b. Submitting its proposal to the City
c. Negotiating with the City on any matter related to the proposal d. Any other expenses incurred by the Proposer prior to date of contract award

9. Negotiations: City reserves the right to: a) negotiate the final Contract with any Proposer(s); b) withdraw this RFP in whole or in part at any time without prior notice and, furthermore, makes no representationl s that any Contract will be awarded to any Proposer respo nding to this RFP; c) award its total requirements to one Proposer or to apportion those requirements among two or more Proposers; or d) reject any proposal if it is conditional, incomplete or deviates significantly from the services requested in this RFP. In addition, negotiations may or may not be conducted with Proposer; therefore, the Proposal submitted should contain Proposer’s most favorable terms and conditions, since the selection and award may be made without discussion with any Proposer.

10. Contract: It is anticipated that the contract (model agreement in Section VI) resulting from this RFP, if awarded, will be effective for one (1) year, with the option to renew for two (2) additional one (1) year periods. The City reserves the right to cancel the contract any time upon thirty (30) days prior written notice to Contractor of its intent to terminate.

11. Protest Procedure: Only a proposer who has submitted a proposal in response to this RFP is eligible to submit a protest. The City will not accept or entertain RFP protests from anyone who did not submit a proposal for the project or work being protested.

Proposers may file a protest of an RFP with the Finance Department, City of Bell – 6330 Pine Ave., Bell, CA 90201, up to the end of business day on the fifth business day after the date the Notice of Intent to Award was announced.

At the time of the filing, the protest shall be:
a. submitted on the proposer’s formal letterhead and include the proposer’s company name, address, phone number and the name and title of the individual filing the protest;

b. list the reasons for the protest including the specific section of the documents or technical specifications being disputed and shall site any statutes or case law supporting or serving as the basis for the protest and describe how they support the item(s) being disputed.

If the protest does not meet these requirements, the City will reject it without further review. If the protest is submitted on time and complies with all the above requirements, the Director of Finance or his/her designee, shall review the protest and all relevant information submitted by the protestor.

The City will provide a written response to the protestor. The City has the right to respond to any protest until the date on which the contract is awarded by the Bell City Council.

The procedure and time limits set forth in this paragraph is mandatory and is the sole and exclusive remedy in the event of an RFP protest. Failure to comply with these procedures shall constitute a failure to exhaust administrative remedies and a waiver of any right to further pursue the proposal protest, including filing a Government Code Claim or legal proceedings.

If the City determines that the protest is frivolous, the party originating the protest may be determined irresponsible and that party may be determined to be ineligible for future contract awards.

12. Local Business Preference: The City of Bell has adopted a Local Business Preference Ordinance (Ord. 1192 § 1, 2013) in order to promote City businesses. The terms of the ordinance provide the City with the option of reducing bids from qualified local vendors by five percent (5%) or $15,000 dollars, whichever amount is lower in determining the lowest responsible bid. Contract or Purchase Order will be awarded at the preference bid amount. If your company is located within the City, you may qualify for this preference under the guidelines of the Local Business Preference Ordinance.

6 To comply under the terms of the local Business Preference Ordinance, companies must meet the following criteria: (1) The business has a current City of Bell business tax certificate; and (2) the local sales tax generated by the business is allocated to the City of Bell.

13. California Wage Rate Requirements: Pursuant to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California (including sections 1771 and 1773.2), Department of Industrial Relations of the State of California lists the general prevailing rate of per diem wages, and the general prevailing rate of holiday and overtime work in the locality in which the public work is to be performed for each craft, classification or type of workers needed to perform the Work. Copies of schedules of prevailing wage rates may be obtained on the California Department of Industrial Relations website http://www.dir.ca.gov/dlsr.

14. Department of Industrial Relations (DIR) Compliance: This project is public work and is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR). In bidding on this work, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law in its bid.

Registration with the Department of Industrial Relations: Pursuant to Labor Code sections 1725.5, 1771.1, and SB 854, Public Works Contractor Registration Program, all contractors and subcontractors who bid or work on Public Works projects must be registered with, and pay an annual fee to, the State Department of Industrial Relations (DIR), subject to the limited exceptions set forth in Labor Code Section 1771.1(a) (regarding the submission of a bid as authorized by Business & Professions Code Section 7029.1 or Public Contract Code Section 10164 or 20103.5), provided that contractors and subcontractors subject to such exceptions shall be registered with the DIR at the time the contract is awarded. No bid will be accepted, except as provided above, nor any contract entered, without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the Bidder and its subcontractor, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project.

*** End of Section I ***

7 SECTION II: MINIMUM QUALIFICATIONS AND PROPOSAL REQUIREMENTS

To qualify for selection, proposer must meet the following minimum requirements:

1. Must be able to execute the City’s Agreement for Services.

2. Must possess a valid California State Contractor’s License to perform the work specified in Scope of Work Section I throughout the duration of the project and shall be experienced in performing similar services.

3. Must have sufficient experienced personnel and equipment to perform all work required by the Agreement.

4. Must have a proven track record of having provided similar services, and products for a minimum of 3 or more cities in other local government entities over the past 5 years.

Each Proposal submitted in response to this Request for Proposal (RFP) shall be submitted as follows:

A) COVER SHEET: Submit the completed RFP cover sheet.

B) LETTER OF TRANSMITTAL: A one-page Letter of Transmittal shall be addressed to German Alvarez, Associate Civil Engineer, and shall, at a minimum, contain the following information:

1. Identification of Proposer who will have contractual responsibility with the City of Bell.

Identification shall include legal name of company, address from which the services will be provided, telephone number and e -mail address of the contact person identified during the period of proposal evaluation.

2. A summary of the Proposer’s Qualifications, including a brief description of its proposed representative(s) and key staff. It shall make a commitment to accept the terms and conditions in the RFP and Professional Services Agreement, including acknowledgment of receipt of all amendments or addenda to the RFP.

3. A statement accepting the RFP and City’s Professional Services Agreement without any exceptions. Any proposal submitted with exceptions will be automatically disqualified.

4. A statement that the proposal shall remain valid for a period of not less than 120 calendar days from the date of submittal.

5. Signed statement attesting that all information submitted with the proposal are true and correct.

C) TECHNICAL PROPOSAL

1. Qualifications of the Company
This section of the proposal should establish that the Proposer can satisfactorily perform the required work; the requisite previous experience on similar assignments; and the stability and professional standing of the Firm.

This section should include, at a minimum:

a. Company Profile
Provide a summary of Proposer’s qualifications and experience to show competence in providing required Service. Include the company’s licenses, work history, organizational structure, equipment, yard/office facilities, and number of employees.

b. Litigation and Contract History
i. Provide a brief description of any:

8 • Conviction or indictment of the firm or any officer of the firm within the last three years involving alleged fraud, bribery, collusion, conspiracy, or violation of state or federal antitrust law.
• Adjudication or determination by any federal, state, or local agency that the firm or any officer of the firm has violated any provision of law relating to equal opportunity or fair employment.
• Termination of a contract for convenience or for cause. • Proposer shall certify that Proposer has not been disciplined in the last five (5) years as a Contractor by any government body.

2. Qualifications of Personnel
This section should identify the qualifications of the individuals, subcontractors, and/or suppliers that will be providing services to the City.

a. Provide an organization chart clearly showing all employees who will perform the Service.

b. Identify any subcontractors who will be used. Include licenses and credential information.

c. Provide resumes of all principals of the Company and all individuals who will review plans or who will supervise plan review quality control. Show licenses and other credentials.

3. Means and Methods of Approach
Describe the services and activities that your firm proposes to provide to the City. Include the following information:
a. A well thought -out and tailored approach to the technical work that responds to the City’s particular issues and needs. List of equipment to be used to accomplish Service.

Include general description of each equipment (year, make and model). b. Incorporation innovative and/or creative approaches for providing the services that will maximize efficient, cost-effective operations or increased performance capabilities. c. Meeting all requirements specified in the Scope of Work. d. Evidence of the team’s ability to work collaboratively with other members of a multi - disciplinary team in a complex and dynamic working environment. e. Demonstration of the team’s commitment to accurate and superior work products and services as detailed in the project management project management plan.

4. Additional Documents to Submit with Technical Proposal in PlanetBids:

Complete and submit the cover page and documents at the end of Section II with Proposal through PlanetBids:
a. ADDENDA ACKNOWLEDGEMENT/SIGNATURE
b. CONFLICT OF INTEREST STATEMENT
c. ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS

5. Appendices (limit: 5 pages)

Information considered by Proposer to be pertinent to this RFP and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. Proposers are cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous materials. Appendices shall be relevant and brief.

9 ADDENDA ACKNOWLEDGEMENT/SIGNATURE

This Proposal Response is submitted with respect to the changes to the Request for Proposal included in the following addenda numbers:

_ _ _ _ _ __
1 2 3 4 5 6 7
(Initial above all appropriate numbers)

By signing below, Proposer certifies that the information submitted in response to this Request for Proposal is true and correct. I also understand that failure to submit a completed Proposal response package (fully completed and executed) will result in rejection of Proposal.

Respectfully submitted,

Proposer Signature Date

Print Name / Title

Legal Name of Company Business Address (Actual Address – P. O. Box)

Telephone Number Email Address

10 CONFLICT OF INTEREST STATEMENT

Provide in this section a statement disclosing any past, ongoing or potential conflicts of interest that your firm, proposed staff, or any subcontractors may have as a result of performing this work.

If there is no conflict of interest then provide such statement in this section.

If there is a real or perceived conflict of interest that exists with the submission of a proposal, or would exist if the Proposer entered into an Agreement with the City of Bell in this proposal, full details should be provided in this section. Detail a plan to manage the conflict of interest.

Proposer Signature Date

Print Name / Title

Proposing Company Name

11 ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS

I, ,the _______________________________
(Title)

of ____________________ , certify that the Insurance Requirements set forth in (Proposer’s Company Name)

the Proposed Agreement for RFP# ____________ – ________________________ has been read and understood. I certify that
’s

(Proposer’s Company Name)

insurance company(ies) _ _______________________________________ is/are able to provide the (Name(s) of insurance company(ies)

coverages specified.

Authorized Signature Date

*** End of Section II ***

12 SECTION III: SELECTION PROCESS

A) EVALUATION CRITERIA and WEIGHTS
Proposals must be in compliance with the requirements of this RFP. Selection will be based on the quality and value of the proposal, including comprehensiveness and responsiveness to the requirements outlined in this RFP. The proposals will be evaluated and scored based on the following criteria. The highest possible score is 100 points for the written proposal.

1. Qualifications (30 points)
a. Proposed plan to achieve the Scope of Services described herein and produce the required outcome in a timely manner.
b. Overall quality of the proposal, including a demonstrated understanding of the purpose, scope and objective of the services to be performed. It is the intention of the City of Bell to award a contract to the Proposer who furnishes satisfactory evidence that the Proposer has the requisite experience and ability to enable the Proposer to execute the work successfully and properly, and to complete services in a timely manner. To determine the degree of responsibility to be credited to the Proposer, City will weigh the evidence that the Proposer has performed satisfactorily other contracts of like nature, magnitude and comparable difficulty and comparable rates of progress.

2. Past Performance (20 points)
a. Professional experience in performing tasks similar in scope and complexity b. Past, recently completed similar scope of services that will substantiate experience c. References from customers and/or clients whom you have delivered similar services

3. Understanding and approach to perform required Service (30 points) The proposer’s responsiveness to the RFP including completeness and thoroughness of proposal; all required information must be provided in the format specified. This category will also evaluate:
a. Clear demonstration of the Proposer’s ability to provide services required. b. Approach and proposed methodology to services required. c. Demonstrated knowledge of the work required
d. Innovative approaches and internal measures to ensure timely and quality completion of work
e. Ability to demonstrate its qualifications in a clear and compelling manner and ability to follow all directions included in this RFP.
f. Review and negotiation of acceptance or exceptions to the City’s Professional Services Agreement

4. Competitive pricing as compared to other qualified Proposers’ RFP responses (20 points)

B) EVALUATION PROCEDURE
Each RFP will be reviewed and evaluated by each member of a selection panel established by the City.

Each reviewer will use the evaluation criteria set forth in this RFP and score each RFP accordingly.

Each reviewer will complete his/her review of RFPs independently. The selection panel’s evaluations will be combined to determine a numerical ranking of each responsive RFP. Proposals obtaining less than 75% of the total available points will be eliminated from further consideration.

The City may determine that it is necessary to conduct interviews prior to final selection. In the event that interviews are necessary, the teams that submit the highest ranked RFPs will be invited to the City to make presentations to the members of the selection panel and answer questions. Each member of the selection panel will evaluate the interviews and the final scores will be established based on criteria and instructions provided prior to the interview taking place.

13 C) SELECTION
It is the City’s intent to select one Contractor to provide services at City of Bell.

The City reserves the right to make final decisions regarding the selected firms and the number of selected firms based on the quantity and quality of the RFPs received. This right extends to modifying the selection process to eliminate interviews if an insufficient number of qualified firms/teams submits an RFP.

D) AWARD
Award is based on the most qualified Proposers’ proposal providing the most advanced, advantageous, and cost effective solution for its Access Control System needs. . City shall send a Notice of Intent to Award to all Proposers via PlanetBids, to announce the City’s intent to award the contract to the top-ranked selected Proposer.

The City of Bell may negotiate contract terms with the selected Proposer prior to award, and expressly reserves the right to negotiate with several Proposers simultaneously. However, since the selection and award may be made without discussion with any Proposer, the proposal submitted should contain Proposer's most favorable terms and conditions.

E) IMPLEMENTATION

1. Meetings
a. A kick-off meeting will be held after award of contract. Contractor and its team will meet with City of Bell staff to conduct introductions, discuss scope of services, and implementation process.

2. Notice to Proceed
a. Following the kick-off meeting, a formal Notice to Proceed (NTP) may be issued after the agreement is fully executed, and all insurance documents and required documents, permits, licenses, have been received and approved by the City.

*** End of Section III ***

14 SECTION IV: REQUIRED POST RFP DOCUMENTS

Within 10 working days from the date of the Notice of Award, Contractor is required to complete and submit to the City the documents listed below:

1. Services Agreement

2. Faithful Performance Bond

3. Labor and Materials Bond

4. Warranty Bond

5. Certificates of Insurance (with proper endorsements)

6. City of Bell Business License Application Form

(Long Form) 01225.0001/458446.1
Project Name/No.:

Project Manager:

Contract No.:

Approved:

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF BELL AND

THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this day of , 2024 (“Effective Date”) by and between the City of Bell, a California municipal corporation (“City”) and ,
(“Contractor”). City and Contractor may be referred to individually as “Party” or collectively as “Parties.”

RECITALS

A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of Bell’s Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Article 1 of this Agreement 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:

SERVICES OF CONTRACTOR

Scope of Services.

In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Services” 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 services 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 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

2 01225.0001/458446.1
professional standards” shall mean those standards of practice recognized by one or more first- class firms performing similar work under similar circumstances.

Contractor’s Proposal.

The Scope of Services shall include the scope of work included in Contractor’s proposal, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

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.

California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Contractor shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq ., and all other applicable laws, including the following requirements:

(a) Public Work. The Parties acknowledge that some or all of 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

3 01225.0001/458446.1
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 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

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(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 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.

Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits 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.

Familiarity with Work.

By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of services 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, prio r to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor’s risk until written instructions are received from the Project Manager.

Software and Computer Services.

If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Contractor represents and warrants that it has inspected the City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Contractor under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of the City. Contractor acknowledges that the City is relying on the representation by Contractor as a material consideration in entering into this Agreement.

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Care of Work.

The Contractor shall adopt reasonable methods 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 may be caused by City’s own negligence.

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.

Additional Services.

City shall have the right, subject to state law and the City’s Municipal Code, at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Project Manager to the Contractor, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation for extra work shall require the approval of City Council unless the City Council has previously authorized the City Manager to approve an increase in compensation and the amount of the increase does not exceed such authorization. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services.

Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional co mpensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

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.

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COMPENSATION AND METHOD OF PAYMENT.

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 Dollars ($ ) (the
“Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

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 contract retention; (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provi ded 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.

Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Project Manager 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 c ritical 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.

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. Contractor shall not invoice City for any duplicate services performed by more than one person.

All invoices shall be submitted by email to [email protected]. 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.

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

(e) If this Agreement requires prevailing wages, per Section 1.4 of the Agreement, all invoices shall include a copy of Contractor’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR.

Contractor shall also submit a list of the pr evailing wage rates for all employees and subcontractors providing services under this Agreement, as applicable, with Contractor’s first invoice. If these rates change at any time during the term of the Agreement, Contractor shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.

City shall 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 use its best efforts to cause Contractor to be paid within forty-five (45) 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 any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Review and payment by City for any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

Waiver.

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

Contingency of Funds.

Contractor acknowledges that funding or portions of funding for this Agreement may be contingent upon State budget approval; receipt of funds from, and/or obligation of funds by the State of California to City; or inclusion of sufficient funding for the se rvices hereunder in the budget approved by Bell City Council for each fiscal year covered by this Agreement. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate or modify this Agreement without penalty.

PERFORMANCE SCHEDULE

Time of Essence.

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

Schedule of Performance.

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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 Project Manager but not exceeding one hundred eighty (180) days cumulatively.

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 th e 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 Project Manager in writing of the causes of the delay. The Project Manager 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 Project Manager such delay is justified. The Project Manager’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.

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, which shall be no later than ____________, except as otherwise provided in the Schedule of Performance (Exhibit “D”). This Agreement may be renewed by a written amendment for up to an additional ( ) year(s) at the option of the City if the City is satisfied with the quality of services performed by Contractor under this Agreement.

COORDINATION OF WORK

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:

(Title)
(Name)
(Title)
(Name)

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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 foregoing 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 foregoing Principals may not be repl aced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall utilize only competent personnel to perform services pursuant to this Agreement. 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 subcontr actors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

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.

Project Manager.

The Project Manager shall be German Alvarez, Associate Civil Engineer or any other person As may be designated by the Project Manager. It shall be the Contractor’s responsibility to assure that the Project Manager 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 Project Manager.

Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager 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.

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 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

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Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

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. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whe ther 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.

INSURANCE AND INDEMNIFICATION

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 $1,000,000 per occurrence, $2,000,000 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 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.

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(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”.

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. Curr ent 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 ins urance 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 a nd insurance clauses from each of its subContractors.

(g) Enforcement of contract provisions (non -estoppel). 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 subContractors, 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

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this section. Contractor agrees that upon request, all agreements with Contractors, 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 additiona l 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.

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 p erson, 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;

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(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 arising out of or in connection with the negligent performance of or failure to per form 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, in cluding but not limited to, legal costs and attorneys’ fees.

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 an y negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services 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.

RECORDS, REPORTS, AND RELEASE OF INFORMATION

Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies 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 Agre ement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager 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 three (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 access to the books and records if a public records r equest is made and disclosure is required by law including but not limited to the California Public Records Act.

Reports.

Contractor shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager 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

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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 Project Manager of said fact, circumstanc e, 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.

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 Project Manager 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 the right to use the concepts embodied therein. All subcontractor s 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.

Confidentiality and Release of Information.

(a) All 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 Project Manager.

(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager 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 attorney’s fees, caused by or incurred as a result of Contractor’s conduct.

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(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.

ENFORCEMENT OF AGREEMENT AND TERMINATION

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 Di strict of California, in the County of Los Angeles, State of California.

Disputes; Default.

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 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 n ot reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. 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.

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

17 01225.0001/458446.1
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.

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.

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 exercis e 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.

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 statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

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 One thousand two hundred dollars ($1,200) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages.

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

18 01225.0001/458446.1
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 Project Manager. 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 Project Manager. 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 Project Manager thereafter in accordance with the Schedule of Comp ensation or such as may be approved by the Project Manager, 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 terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

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.

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.

CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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.

19 01225.0001/458446.1
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 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 Project Manager. 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 affects her/his financial interest or the financi al interest of any corporation, partnership or association in which (s)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.

Covenant Against Discrimination.

Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, r eligion, 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.

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.

MISCELLANEOUS PROVISIONS

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 Project Manager (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(s) at the address designated on the execution page of this Agreement. Either party may change its address

20 01225.0001/458446.1
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.

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.

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.

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.

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.

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 associ ation 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

21 01225.0001/458446.1
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, 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

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) that 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]

22 01225.0001/458446.1
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

_________________, Mayor
ATTEST:

Angela Bustamante, City Clerk

APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP

Dave J. Aleshire, City Attorney

CONTRACTOR:

By:

Name:

Title:

By:

Name:

Title:

Address:

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.

01225.0001/458446.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On , 2024 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

01225.0001/458446.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On , 2024 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

A-25 01225.0001/458446.1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the following Services:

A.

B.

C.

ETC.

II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:

A.

B.

C.

ETC.

III. In addition to the requirements of Reports in accordance with the Agreement for Services . During performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:

A.

B.

C.

ETC.

IV. All work products are subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

V. Consultant will utilize the following personnel to accomplish the Services:

A.

B.

C.

ETC.

01225.0001/458446.1

EXHIBIT “B”

SPECIAL REQUIREMENTS

(Superseding Contract
Boilerplate)
[INTENTIONALLY LEFT BLANK]

EXHIBIT “C”

SCHEDULE OF COMPENSATION

[INTENTIONALLY LEFT BLANK]

EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall preform all Servi ces timely in accordance with the schedule to be developed by Consultant and subject to the written approval of the Contract Officer and the City Attorney’s office.

II. Consultant shall deliver the following tangible work products to the City by the following dates.

A.

B.

C.

III. The Contract Officer may approve extensions for performance of the services in accordance with the Agreement for Services, Schedule of Performance.

Contract No.:______________

Approved:_____________

FAITHFUL PERFORMANCE BOND

ACCESS CONTROL SYSTEM

WHEREAS, the City Council of the City of Bell, State of California, hereinafter designated as “CITY” and , hereinafter designated as “PRINCIPAL,”
have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated , and identified as Project No. , is hereby referred to and made a part hereof; and

WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.

NOW, THEREFORE, we, the Principal and
, as surety, are held and firmly bound unto the City of Bell in the penal sum of Dollars ($ ) lawful money
of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above-bound Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on .

PRINCIPAL

SURETY

By:

By:

SIGNATURES MUST BE NOTARIZED

Bond No.:

Contract No.:

Approved:

LABOR AND MATERIAL BOND

ACCESS CONTROL SYSTEM

WHEREAS, the City Council of the City of Bell, State of California, hereinafter designated as “CITY” and , hereinafter designated as
“PRINCIPAL,” have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated , and identified as Project No. is hereby referred to and made a part hereof; and

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

NOW, THEREFORE, we the undersigned Principal 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 agreement 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 Principal, 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 i mplements 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 agreement; 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 Principal and/or it s 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.

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on .

PRINCIPAL

SURETY
By: By:

SIGNATURE(S) MUST BE NOTARIZED

Bond No.:

Contract No.:

Approved:

WARRANTY BOND

ACCESS CONTROL SYSTEM

WHEREAS, the City Council of the City of Bell, State of California, hereinafter designated as “CITY” and _, hereinafter designated as “PRINCIPAL,” have entered into an agreement whereby Principal has agreed to warrant and guarantee the installation, completion, and maintenance of certain designated public improvements, which said agreement, dated , and identified as Project No. , is hereby referred to and made a part hereof; and

WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the warranty of said improvements.

NOW, THEREFORE, we, the Principal, and
, as surety, are held and firmly bound unto the City of Bell in the penal sum of Dollars ($ ) lawful money of
the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bound Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on .

PRINCIPAL

SURETY
By: By:

SIGNATURE(S) MUST BE NOTARIZED

NOTICE OF AWARD

TO: (CONTRACTOR) FOR ACCESS CONTROL SYSTEM:
___________________________________________
Public Works Department

Your Bidder's Proposal dated , is accepted for the total contract

price of $ .

You are required by the "INSTRUCTIONS TO BIDDERS" to execute the documents specified within ten (10) days from the date of mailing this Notice. Please sign one copy of the Notice of Award upon receipt and return.

RECEIVED:

CONTRACTOR THE CITY OF BELL

By: By:

John Oskoui
Interim Public Works Director

(Title)

(Date) (Date)

NOTICE TO PROCEED

TO: (Contractor) DATE:

FROM: German Alvarez
Associate Civil Engineer, City of Bell

Notice is hereby given that you are authorized and directed to proceed with the following project in accordance with the contract documents:

Access Control System
Public Works Department

These documents have been received and are on file with the City Clerk of the City of Bell: DOCUMENT:

The Agreement Fully Executed ( )
Labor and Material Bond (100%) ( )
Faithful Performance Bond (100%) ( )
Warranty Bond (10%) ( )
Workers' Compensation Insurance Certificate ( )
Liability Insurance Policy or Certificate ( )
Insurance Forms ( )

The Contract Time shall commence on the date of issuance of the City’s written Notice to Proceed.

Work shall commence within five (5) calendar days from the date of this Notice to Proceed and is to be completed within _______________. Annual work shall be completed within the time allocated based on the work to be performed.

German Alvarez
Associate Civil Engineer

1 CITY OF BELL
6330 Pine Ave.

BELL, CA 90201

REQUEST FOR PROPOSAL
(RFP)

ACCESS CONTROL SYSTEM

MUST BE SUBMITTED ON

PLANETBIDS
BY:

Friday, April 5, 2024 at 3:00 p.m.

PST

Date/Time
PW24-001
RFP Number

COVER PAGE
The City Council of the City of Bell, hereinafter referred to as “City” is seeking proposals from qualified firms, hereinafter referred to as “Proposers” to establish a contract for:
__________________ACCESS CONTROL SYSTEM____________________ Work provided shall be in accordance with the Scope of Work requirements attached hereto and incorporated herein by this reference as Section I.

All proposals must be submitted online via PlanetBids Portal at:
https://pbsystem.planetbids.com/portal/41032/portal-home _______________________________________________

City will reject proposals submitted other than through PlanetBids.

Electronic Proposals are due on or before the date and time specified above.

Proposers are not to contact any City personnel with any questions or clarifications concerning this RFP. All official communication concerning this RFP will be through PlanetBids – RFP# PW24- 001. Any City response relevant to this RFP other than through PlanetBids is unauthorized and will be considered invalid.

PROPOSALS WILL BE VALID FOR 120 CALENDAR DAYS AFTER CLOSING DATE
I have read and understand and agree to the terms and conditions herewith, and I am submitting a Proposal in response to this solicitation.

Date: Company Name: _ _

2 *Authorized Signature Name Title
*Authorized Signature Name Title
*If a corporation, the document must be signed by two corporate officers. The first signature must be either the Chairman of the Board, President, or any Vice President. The second signature must be either the Secretary, an Assistant Secretary, Chief Financial Officer, or any Assistant Treasurer. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstrating the legal authority of the signatory to bind the corporation.

RETURN THIS COVER PAGE WITH YOUR PROPOSAL

LATE PROPOSALS WILL NOT BE ACCEPTED

Access Control System
Bell, CA
Table of Contents
Letter of Transmittal 4

1. Qualifications of the Company 5

1.a. Company Profile 5

1.a.1 HQE’s Full Electronic Security Systems (ESS) Capabilities 6

1.a.2 HQE’s Full In-House Integrated Electronic Security Systems Capabilities 7

1.a.3. Company’s Licenses 8

1.a.4. Work History 13

1.a.5. Organizational Structure 15

1.a.6. Equipment 15

1.a.7. Yard/Office Facilities 16

1.a.8. Number of Employees 17

1.b. Litigation and Contract History 17

1.b.1 Legal Convictions 17

1.b.2. Equal Opportunity and Fair Employment 17

1.b.3. Contract Termination 17

1.b.4. Disciplinary Action 17

2. Qualifications of Personnel 18

2.a. Organization Chart 18

2.a.1. Credentials Of HQE’s Dedicated Electronic Security Systems (ESS) Team 19

2.b. Subcontractors 19

2.c. Resumes 20

3. Means and Methods of Approach 27

3.a HQE’s Proposed Solution For This Project 27

3.a.1. Equipment List 29

3.b. Innovative and/or Creative Approaches 31

3.b.1 HQE’s Proposed Solution For This Project 31

3.c. Project Key Issues and Proposed Solutions 32

4. Additional Documents 35

4.a. Addenda Acknowledgement/Signature 35

4.b. Conflict Of Interest Statement 36

4.c. Acknowledgement Of Insurance Requirements 37

5. Appendices 38
3 | Page
HQE SYSTEMS, INC.| A Service-Disabled Veteran Owned Small Business (SDVOSB)

Access Control System
Bell, CA
Letter of Transmittal
To Mr. German Alvarez,
HQE Systems, Inc. hereby certifies and affirms that all information, data, and documents provided with this proposal for Access Control System for the City of Bell are true, accurate, and complete. We have provided all necessary details and disclosures required for a thorough evaluation of this proposal.

HQE Systems, Inc. is a certified Service-Disabled Veteran-Owned Small Business (SDVOSB) with its global headquarters in Temecula, CA. HQE Systems is pleased to submit a response to the City of Bell’s request for an offer regarding the Access Control System (ACS). Since 2014, HQE Systems has been designing, engineering, installing, and maintaining fully-integrated Access Control Systems (ACS), Intrusion Detection Systems (IDS), and Video Surveillance Systems (VSS) solutions for a host of clients worldwide.

It is with great pleasure that we present you with the following response to provide the City of Bell with the ACS, to include:
❖ A fully cleared dedicated experienced team that will manage all aspects of this project ❖ The dedicated installation team will be ready on day one of the contract award ❖ A team with the highest level of technical expertise and know-how to execute the service ❖ A dedicated team with over 80+ combined years of ACS design and installation experience ❖ Full turn-key solution
The ACS solution being offered for solicitation PW24-001 from HQE meets or exceeds all specifications of the stated requirements. HQE acknowledges, understands, and complies with all FARS, Scope, Requirements, and Instructions outlined in the document(s), the Statement of Work (SOW), amendments, and attachment(s) provided by the City of Bell. The proposal shall remain valid for a period of no less than 120 calendar days from the date of submittal.

HQE Systems accepts the RFP and the City’s Professional Services Agreement without any exceptions.

If you have any questions or concerns, please contact our dedicated team for this project:

Contractual Responsibility: Mr. Qais Alkurdi
[email protected]
CEO of HQE Systems, Inc.
(800) 967-3036 X1102
Technical Issue POC: Mr. David Ditto
[email protected]
Director of BD/ACS Expert
(800) 967-3036 Ext 1109
Contract Issue POC: Ms. Desiree Carr
[email protected]
Director of Administration
(800) 967-3036 Ext 1106
Customer Support: Ms. Rosina Melian
[email protected]
Customer Account Manager
(800) 967-3036 Ext 1107
Company Name: HQE Systems, Inc.

Address: 27348 Via Industria, Temecula, CA 92590
Phone/Fax: 1 (800) 967-3036 / 1 (760) 645-7183
Classification: Service-Disabled Veteran-Owned Small Business (SDVOSB) Minority Owned Business Enterprise (MBE)
Small Business Enterprise (SBE)
Authorized Official,
Qais Alkurdi, CEO - Disabled Veteran/Retired
4 | Page
HQE SYSTEMS, INC.| A Service-Disabled Veteran Owned Small Business (SDVOSB)

Access Control System
Bell, CA

1. Qualifications of the Company

1.a. Company Profile
HQE Systems, Inc. (HQE) is a FEMA-Certified
Service-Disabled Veteran Owned Small Business
(SDVOSB) with its global headquarters in Temecula,
California. HQE was founded by service-disabled
veterans who wanted to continue to serve our
communities after honorably serving in the military.

For a short period, the founders of HQE worked as
Subject Matter Experts (SMEs) for our nation's largest
technology companies. With the work ethics
sharpened in the military and the technical
knowledge gained from working in large technology
companies, the founders of HQE made the decision to
open its doors officially in 2014. Since then, HQE has
grown to become an internationally recognized
full-service technology company servicing over 1,000+ sites worldwide.

The value of HQE goes beyond just our technically superior offer and price. Since 2014, we have continued to solve problems for our clients through the use of innovative software development and systems integration. Any company can offer a piece of equipment and install it. That’s the easy part. But very few are capable of integrating legacy technologies with modern systems. In the end, our new customers always become our longtime customers due to our ability to solve problems that others won’t touch. We solve problems!
HQE excels in designing and implementing tailored access control systems for a diverse range of clients, including municipalities, government agencies, military institutions, schools, and various other entities.

Some of the notable clients are included in Section 1.A.4., where we have implemented cutting-edge access control solutions to their specific needs. This extensive experience underscores our stability and professional standing within the industry, assuring the City of Bell of our capability to deliver exceptional results efficiently and with a commitment to excellence. 5 | Page
HQE SYSTEMS, INC.| A Service-Disabled Veteran Owned Small Business (SDVOSB)

Access Control System
Bell, CA

1.a.1 HQE’s Full Electronic Security Systems (ESS) Capabilities HQE provides full turn-key solutions and services for all ESS capabilities. Our ESS engineering and technical teams have the experience and know-how to support projects of any size and scope successfully. HQE can provide solutions for systems design, planning, installation, upgrades, and sustainment services. We can provide the full spectrum of solutions as a full turnkey service because all of the core capabilities are in-house. HQE can provide full solutions for the capabilities listed below:
❖ Command Centers: Single to multi-site command and control capabilities. ❖ Access Control Systems: Locks, card readers, and software management systems. ❖ Intrusion Detection Systems: Perimeter, windows, and door alarms. ❖ Video Surveillance Systems: Indoor, Outdoor, Fixed, and PTZ cameras with licenses. ❖ Entry Point Systems: Single & multiple entry point pedestrian and vehicle access systems. ❖ Monitoring Services: Dedicated or systems alarm / alert coordination services. ❖ Maintenance Services: Short & Long Term Preventative & Corrective Maintenance. ❖ ESS Consulting Services: Design, Engineering, Upgrade, & RFP Management Services Compliance Subject Matter Experts: With over 155+ years of combined ESS hands-on experience, HQE has demonstrated mastery of understanding the compliance laws of the industry. Our clients have the utmost confidence in our team to successfully engineer, install, and maintain systems within the compliance laws and regulations identified below.
* Note: HQE provides a solution and not a compliance service. 6 | Page
HQE SYSTEMS, INC.| A Service-Disabled Veteran Owned Small Business (SDVOSB)

Access Control System
Bell, CA

1.a.2 HQE’s Full In-House Integrated Electronic Security Systems Capabilities *Note: The image above is provided for reference only. For the actual system being proposed, see the attached technical datasheets.

HQE prides itself in providing all of the design, installation, testing, training, and maintenance service with our in-house Video Surveillance Systems (VSS), Access Control Systems (ACS), and Intrusion Detection Systems (IDS) Subject Matter Expert (SME) Engineers and Technicians. HQE’s VSS, ACS, & IDS capabilities include (not limited to this list):
❖ Monitoring Command and Control (C2) Software
➢ Software Upgrades Full ACS Software Mobile ACS Software ❖ Controllers
➢ Door Controllers Network Controllers Wireless Controllers ❖ Access Systems
➢ Key Pads Proximity Readers ID Badge Readers
❖ Intrusion Systems
➢ Motion Sensors Contact Sensors Proximity Devices
❖ Video Surveillance
➢ All CCTV Video Management Video Recording
➢ Monitoring Solution Closed & Open Systems Tracking & Recognition HQE is capable of providing a component upgrade to your existing system or a full solutions consultation, design, installation, upgrade, and or maintenance service. With all of the engineering design and installation team on hand, HQE can quickly solve your issues and be on-site to install within weeks if not days!
7 | Page
HQE SYSTEMS, INC.| A Service-Disabled Veteran Owned Small Business (SDVOSB)

Access Control System
Bell, CA

1.a.3. Company’s Licenses
Certification Type: Disabled Veteran / Small Business Business Enterprise Contractor’s License #: 2001433
Expiration Date: 2025
CSLB C7 LIC: 1087628/ACTIVE
DUNS/UEI Number: 079240822/YGCSL35ZWAD7 CA SB/DVBE: 2001433 CAGE Code: 72W82 SAM/WAWF: CERTIFIED/ACTIVE
Federal EIN: 46-4509670 SDVOSB: CERTIFIED/ACTIVE
8 | Page
HQE SYSTEMS, INC.| A Service-Disabled Veteran Owned Small Business (SDVOSB)

Access Control System
Bell, CA
9 | Page
HQE SYSTEMS, INC.| A Service-Disabled Veteran Owned Small Business (SDVOSB)

Channel Partner Agreement | 1 of 3
EN | rev. CPA.2105.4
Channel Partner Agreement
This document (the “CPA”) defines the terms and conditions that will govern the relationship between Genetec Inc., a Canadian corporation having its main place of business at 2280 Alfred Nobel Boulevard, Montreal, QC, H4S 2A4, Canada (“ Genetec”) and the entity identified below (“Partner”) with respect to Partner’s marketing, resale and support of the products defined below.

Partner Identification
Complete legal name: HQE Systems, Inc.

Commercial / doing business as (d.b.a.) name (if different): n/a Country of registration or incorporation: USA
Jurisdiction of registration or incorporation (country, state, etc.): California, USA Full address of principal place of business: 27419 Via Industria, Temecula, California, 92590 USA Primary contact name: Chuck Lewis
Primary contact business title: SPM
Primary contact business email: [email protected] Primary contact business telephone: +1 (760) 516-7056
WHEREAS Genetec is a leading provider of security, public safety, operations, and business intelligence solutions, including IP-based video surveillance, access control, automatic license plate recognition, communications and analytics;

WHEREAS Partner is engaged in the business of providing systems integrations services;

WHEREAS Partner desires to market, resell and support Genetec products and services identified below in this document to its customers, and Genetec desires to appoint Partner as its non-exclusive sales channel partner, as further described below.

NOW, THEREFORE, in consideration of these terms and conditions contained, and for other good and valuable consideration, the Parties agree as follows:

1. Commercial Terms
a. General Terms. This CPA expressly incorporates the terms and conditions set out in the Genetec Channel Partner General Terms, a copy of which is attached as Schedule A (“General Terms”) which outline additional terms and conditions that will govern the relationship between Genetec and Partner. The capitalized terms used in this CPA shall have the meaning attributed to them in the General Terms, unless defined otherwise below. In the event of any conflict or inconsistency between the two documents, the terms of this CPA shall take precedence. b. Appointment. Partner’s right to market and sell Authorized Products depends on the type of channel partner relationship that Partner and Genetec agree to enter into under the Agreement. Subject to the terms and conditions of the Agreement, Genetec hereby appoints Partner, and Partner hereby accepts the appointment as a non-exclusive reseller (systems integrator) or distributor (as applicable per the table below) of the Authorized Products in the Authorized Market during the Term of the Agreement. The table below further defines the Authorized Market where Partner is permitte d to sell such Authorized Products during the Initial Term of the Agreement, and the Focus Market (if different) where Partner is expected to achieve certain objectives, as further specified in section 1.f below, the General Terms and the Program Terms.

Appointment Partner Type Authorized Market Focus Market Authorized Products
(excluding AutoVu™ Mobile)
reseller (systems
integrator)
Continental USA and outside
the Continental USA.

Partner is Authorized for U.S.

Department of Defense and
U.S Federal Agencies only.

Authorized Products
(AutoVu™ Mobile only)
/ Not applicable / / Not applicable / / Not applicable / c. Authorized Products. Subject to the terms of the Agreement, Partner is authorized to market and sell only the Authorized Products identified with a checkmark below in this section. Unless expressly stated otherwise in this CPA or in a quote, all

Channel Partner Agreement | 2 of 3
EN | rev. CPA.2105.4
discounts for the purchase of Authorized Products will be defined by Genetec as part of the Partner’s Demand Generation Plan.

Authorized Products
Software Products Cloud Services
☐
Security Center
☐
Security Center SaaS
☒ Omnicast™ (Standard / Pro / Enterprise) ☒ AutoVu™ as a Service ☒ Omnicast™ (SaaS Edition) ☒ Federation™ as a Service
☒ AutoVu™ (fixed) ☒ Synergis™ as a Service
☒ Synergis™ (Standard / Pro / Enterprise) ☒ Genetec Traffic Sense™ ☒ Synergis™ (SaaS Edition) ☒ Curb Sense™
☒ Federation™ ☒ Genetec Clearance™
☒ Genetec Citigraf™ ☒ Genetec ClearID™
☒ Genetec Mission Control™ ☒ Stratocast™
AutoVu™ Mobile Products ☐ VALCRI™
☐
Security Center – AutoVu™ (Software Product) Other Genetec Services AutoVu™ Managed Services (Cloud Service) ☒ Genetec Advantage AutoVu™ hardware systems (mobile) ☒ Professional Services Hardware Products Third-Party Hardware
☒ AutoVu™ hardware systems (fixed) ☒ Access control accessories ☒ Synergis™ Cloud Link hardware systems ☒ Access control hardware ☒ Streamvault™ hardware systems
d. Certified Professionals and Training. Except if Partner is appointed as an Authorized Distributor, beginning as of October 31, 2022 and at all times thereafter, Partner is required to employ or otherwise engage, the minimum number of Certified Professionals defined in the Program Terms and/or as part of the Partner’s annual Demand Generation Plan (as further outlined in section 1.h below), and failure to obtain the above certification by the required date may lead to non-processing of any purchase order placed by Partner , restriction or suspension of Partner’s accreditation under the Program Terms and/or termination of the Agreement.
e. First Purchase Order Target Date . Partner commits to submitting its first purchase order for Authorized Products in the Focus Market no later than October 31, 2022.
f. Minimum Sales Objectives. Partner is required to meet or exceed its annual minimum sales objectives within the Focus Market to preserve its Partner accreditation and status under the Agreement, as such objectives may change over time in accordance with the Program Terms . The minimum sales objectives for the Initial Term shall be : USD $150,000 for the first calendar year, which will be prorated based on the Effective Date of the Agreement. g. Sale to Existing Customers: Unless otherwise stated in this CPA, sales of Authorized Products by Partner to any Customer that is already using any Genetec Product (assuming not procured through Partner under this Agreement) shall not count towards Partner’s achievement of the minimum sales objectives above during the Initial Term of the Agreement. h. Demand Generation Plan . Partner must (in consultation with the Genetec regional sales team) define a Demand Generation Plan (in the form made available by Genetec through the Channel Partner Portal) and work diligently to implement the planned activities outlined in such plan within ninety (90) days from the Effective Date of the Agreement, and then annually thereafter. The plan should be further reviewed and updated quarterly together with the Genetec regional sales team.
i. Demonstration Systems: Partner shall at all times maintain demonstration systems up-to-date with the latest software and hardware versions available from Genetec for all Authorized Products.

Channel Partner Agreement | 3 of 3
EN | rev. CPA.2105.4

2. Additional Terms
a. Beginning in the calendar year of the Agreement’s Effective Date, the Partner will be subject to the minimum calendar year requirements of the Genetec Channel Partner Program in force at that time, which currently includes sales growth objectives, product volume, and technical certification requirements. These requirements are subject to change at any time and at the sole discretion of Genetec and will be provided upon request.

3. Miscellaneous
a. Governing Law and Dispute Resolution. For the purpose of section 9.5 of the General Terms, t he governing law and the dispute resolution mechanism for the Agreement shall be as follows: Courts sitting in San Diego, CA, USA ● Governing laws: State of California, USA. If the Parties opt for arbitration as the dispute resolution process, the Parties agree that (i) the simplified procedure rules shall apply to irrespective of the amount in dispute; and (ii) any notifications or communications made in connection with the arbitration rules (inclu ding, without limitation, the notification or communication of a request for arbitration or any other pleading or written communication), may be made by email to the email address stated by each of the Parties in the present Agreement or to any other email address notified by one Party the other Party in accordance with this Agreement.
b. Entire Agreement. This CPA, together with the General Terms and any amendments, schedules and other documents expressly incorporated to any of these documents by reference, constitutes the entire agreement between Genetec and Partner pertaining to the subject matter of the Agreement. Any prior agreements between the parties pertaining to the subject matter of the Agreement are expressly voided. The paragraph headings contained herein are for convenience only and are not intended to affect the meaning or interpretation of the Agreement.

IN WITNESS WHEREOF, the Parties have signed this Agreement by their duly-authorized representatives.

Genetec Partner
Signature: Signature:

Printed Name:

Printed Name: Francois Touchette Title:

Title: VP, Legal Affairs Date:

Schedule A – Channel Partner General Terms

The Channel Partner General Terms (revision CPGT.2105.4) are attached hereto.

A copy of the General Terms is also available in the Partner Legal Hub of the Channel Partner Portal, at https://portal.genetec.com.

Schedule B – Territory Supplements The following Territory Supplements enclosed under this Schedule B:
/ Not applicable /
Schedule C – Affiliate Addenda The following Affiliate Addenda are enclosed under this Schedule C:
/ Not applicable /

Qais Alkurdi
CEO
08/11/2022

Access Control System
Bell, CA

1.a.4. Work History
1 City of Rosemead, CA Past Performance Contract Project Description ❖ Project Scope:The City of Rosemead required Upgrade and Maintenance of their Access Control and CCTV system. The service required certified technicians to install 52 readers, 41 Door strikes, 139 Security Cameras, Server and NVR.
❖ Project Complexities:Required use of Wifi cameras creating a mesh due to inability to conduct trenching or boring under existing infrastructure.

Required client to upgrade network infrastructure to provide bandwidth. ❖ Project Period:October 2022 - June, 2023
❖ Project Value:$390,896.04
2 Hurlburt Field, FL Past Performance Contract Project Description ❖ Project Scope:Installation of Vindicator Intrusion detection system (Vindicator AE V5 IDS, Vindicator Area Commander Keypad) and the Hirsch door access system (Hirsch door access system, fourteen (14) BMS Sensors and sixteen (16) PIR Sensors) in the Designated Open Storage Classified Area of Building 91040.
❖ Project Complexities:While working in a secure environment, HQE maintained the existing system operational while a new system was being installed.
❖ Project Period:April 2021 - July 2022
❖ Project Value:$66,789.40
3 Bureau of Land Management Past Performance Contract Project Description ❖ Project Scope:The Bureau of Land Management required an upgrade for their AMAG system components and a single physical access control system for BLM site systems at the Fairbanks District Office, Glennallen Field Office, Campbell Creek Science Center, and Alaska Fire Service office. ❖ Project Complexities:HQE coordinated travel across the state of Alaska and worked in a secure environment
❖ Project Period:February 2022 - April 2023
❖ Project Value:$256,679.36
Note: The information above identified as value is assumed perceived value by the proposer. For multiple contracts, all details, budgets, and timelines are aggregated and may have multiple POCs even if only a single POC is identified.
13 | Page
HQE SYSTEMS, INC.| A Service-Disabled Veteran Owned Small Business (SDVOSB) POC: Michael Bruckner, [email protected], (626) 569-2106 POC: Michael Campbell, [email protected], (850) 884-3273 POC: Mr. Curtis Fortenberry, [email protected], (907) 474-2206

Access Control System
Bell, CA

1.a.5. Organizational Structure
The hierarchical structure at HQE Systems, Inc. ensures clear authority, communication, and accountability. It delineates roles and responsibilities, facilitates effective communication channels, and holds individuals accountable for their performance. This structure enhances organizational efficiency and enables us to deliver high-quality services to clients like the City of Bell.

Line Management Staff Key Responsibilities For The Project 1 Mr. Qais Alkurdi Corporate Monitor - Systems and Contracts Management Subject Matter Expert 2 Mr. David Ditto PMP Certified Program Manager - Primary POC to the City of Bell 3 Mr. Chuck Lewis PMP Certified Program Manager - Quality Control (QC) and Quality Assurance (QA) 4 Mr. Nick Ellis Engineering Manager - Systems Integrations, Cyber, and Systems Security 5 Ms. Desiree Carr Customer Account Manager - Customer Support and Contract Coordination 6 Mr. Rodney Rayle Support Services Manager - Provides Materials and Engineering Support 7 Mr. Charles West Field Engineer - Coordinates With All OEMs To Meet Project Milestones & Timelines 8 Mr. Jaime Jauregui Purchasing Tech - Procures All Materials To Meet The Project Schedule 9 Mr. Phillip Rhoads Warehouse Tech - Prepares and Ships All Tools, Materials, and Equipment 10 Ms. Lara Batiz Engineering Drafter - Provides All Technical Drawings, As-Builts, Documents 11 Mr. Martin Diaz Software Engineer - Provides All Software Engineering Support To The Project 12 Mr. Jason Jenson JR Project Manager - Supervises Technical Team 2 & Provides Customer Support 13 Mr. Kevin Ford Field Engineer - Ensures All Systems Installed Meet OEM Engineering Standards 14 Mr. Dominick Anderson Technician - Provides All Installations, Upgrades, and Maintenance Support 15 Mr. Joe Castle Technician - Provides All Installations, Upgrades, and Maintenance Support 16 Mr. Chris Hawley SR Project Manager - Supervises Technical Team 1 & Provides Customer Support 17 Mr. Andrew Hernandez Field Engineer - Ensures All Systems Installed Meet OEM Engineering Standards 18 Mr. Fern Abundis Technician - Provides All Installations, Upgrades, and Maintenance Support

1.a.6. Equipment
In response to the request from the City of Bell for the new Access Control System, we are pleased to outline the comprehensive range of high-quality equipment and tools that HQE employs to ensure a seamless and efficient installation process. Our toolkit includes industry-leading card readers that offer both contactless and PIN entry options, ensuring versatile access control for a variety of secure environments. We also utilize advanced door controllers, electric locks, and exit devices that are compatible with a wide range of door types and security requirements. For system management and monitoring, our installations incorporate state-of-the-art software platforms that provide intuitive interfaces for administrators to configure permissions, monitor access logs, and generate security reports. Our hardware selection is complemented by professional-grade installation tools, including cable testers, network analyzers, and drilling equipment, all of which are handled by our certified technicians. This ensemble of equipment, combined with our commitment to using only the most reliable and technologically advanced products, ensures that our access control systems are secure, user-friendly, and built to last.
15 | Page
HQE SYSTEMS, INC.| A Service-Disabled Veteran Owned Small Business (SDVOSB)

Access Control System
Bell, CA

1.a.7. Yard/Office Facilities
HQE’s global headquarters is in the Westside Technology Park of Temecula, California. HQE’s HQs consist of the company’s management division, technical staff offices, and two major supply warehouses. Our supply warehouses have 5% to 10% of high-usage repair parts in stock. Recently, HQE has increased the quantities of the in-stock parts to mitigate the long-term lead times. In addition, HQE has an in-house technical laboratory to support advanced systems integrations and upgrades. As a global service provider, HQE provides support from multiple locations.

Main HQ Office Eastcoast Support European Support Office 27348 Via Industria 6650 Rivers Avenue Mühldorfer Strasse 1 Temecula, CA 92590 Suite 230 85661
North Charleston, SC 29406 Forstinning - Germany
HQE’s Technical Support Teams/Partners Locations
Region I: Western U.S. Region II: Central U.S. Region III: Eastern U.S.

Sacramento, CA Houston, TX Washington, D.C.

Los Angeles, CA San Antonio, TX Quantico, V.A.

San Diego, CA Nashville, TN Raleigh, NC
Seattle, WA Little Rock, AR Manchester, NH
Phoenix, AZ St Louis, MO Atlanta, GA
Salt Lake City, UT Louisville, KY Tampa, FL
Albuquerque, NM Indianapolis, IN (Pending) West Palm Beach, FL Denver, CO Oklahoma City, (Pending) New York City, NY
Note: Europe (Region IV) & Asia (Region V) support team/partner locations are not shown. Locations do not depict a formal office. Rather HQE has full-time, part-time, independent contractors and value partners that can provide support if required. 16 | Page
HQE SYSTEMS, INC.| A Service-Disabled Veteran Owned Small Business (SDVOSB)

Access Control System
Bell, CA

1.a.8. Number of Employees
HQE Systems, Inc. has 80 in-house employees who collectively contribute to our comprehensive Access Control System installation for the City of Bell. This skilled workforce includes engineers, administrative personnel, installation technicians, and various other professionals crucial to delivering end-to-end solutions. Our team's expertise allows us to provide turnkey services, from initial system design to seamless implementation and ongoing support. With a focus on quality and efficiency, HQE Systems ensures that the Access Control System for the City of Bell is not just a solution but a strategic investment in safety, security, and operational excellence.

1.b. Litigation and Contract History

1.b.1 Legal Convictions
HQE has not been found guilty or indicted for any criminal activities such as fraud, bribery, collusion, conspiracy, or violations of antitrust laws at the state or federal level within the past three years. HQE has a clean legal history regarding such serious offenses.

1.b.2. Equal Opportunity and Fair Employment
There have been no official findings or rulings by government agencies indicating that HQE has engaged in discriminatory practices or violated laws related to equal opportunity or fair employment. HQE is committed to maintaining a fair and inclusive work environment.

1.b.3. Contract Termination
HQE has not experienced contract terminations due to convenience. HQE has a track record of fulfilling contractual commitments satisfactorily.

1.b.4. Disciplinary Action
HQE certifies that the company has not faced any disciplinary actions as a contractor imposed by government entities within the last five years. This implies that HQE has conducted its business operations in compliance with relevant regulations and standards, avoiding any actions that would warrant disciplinary measures.
17 | Page
HQE SYSTEMS, INC.| A Service-Disabled Veteran Owned Small Business (SDVOSB)

Access Control System
Bell, CA

2. Qualifications of Personnel

2.a. Organization Chart
HQE’s Key Personnel include company officers, directors, and associates bringing over 155+ years of Mass Notification Systems engineering design, installation, and maintenance experience. All our leadership and key personnel have maintained TOP SECRET and SECRET security clearances and have direct experience servicing customers with Access Control Systems.

Note: HQE’s dedicated team deployed to the worksite will be from this dedicated team 18 | Page
HQE SYSTEMS, INC.| A Service-Disabled Veteran Owned Small Business (SDVOSB)

Access Control System
Bell, CA

2.a.1. Credentials Of HQE’s Dedicated Electronic Security Systems (ESS) Team Experience To Enable
Project Success
Qais
Alkurdi
David
Ditto
Charles
Lewis
Nick
Ellis
Charles
West
Kevin
Ford
Andy
Hern.

Fern
Abundis
Joe
Castle
DJ
Ander.

Curtis
Canepa
Martin
Diaz
Desiree
Carr
1 Military Veteran X X X X X X X X X
2 ACS/IDS/VSS Expert X X X X X X X X X X X X X
3 Formal Education X X X X X X X X X X X X
4 Project Management X X X X X X X X X X X X
5 Microsoft Office Suite X X X X X X X X X X X X X
6 ACS/IDS/VSS Design X X X X X X X X X X
7 ACS/IDS/VSS Installation X X X X X X X X X X X
8 ACS/IDS/VSS Maintenance X X X X X X X X X X X
9 ACS/IDS/VSS Upgrades X X X X X X X X X X X X
10 ACS/IDS/VSS Programming X X X X X X X X X X X
11 Remote Troubleshooting X X X X X X X X X X X
12 Analog Systems Upgrades X X X X X X X X X
13 Digital Systems Scaling X X X X X X X X X
14 Network Security X X X X X X X X X X X X
15 IP Based Systems X X X X X X X X X X X X
16 Fiber Optics Cabling X X X X X X X X X X X X
17 CAT Cabling / POE X X X X X X X X X X X X
18 Media Cards / Switches X X X X X X X X X X X X
19 Security Software X X X X X X X X X X X
20 Network Servers X X X X X X X X X X X X
21 SAP Security Technology X X X X X X X X X X X X
Note: The above experience is assessed by HQE’s management team for proficiency and understanding.

2.b. Subcontractors
As the primary contractor, HQE Systems will deliver all necessary services directly to the City of Bell without the need for subcontracting.
19 | Page
HQE SYSTEMS, INC.| A Service-Disabled Veteran Owned Small Business (SDVOSB)

Access Control System
Bell, CA

2.c. Resumes
QAIS ALKURDI - MILITARYVETERAN/RETIRED (HONORABLE SERVICE - COMM. TECHNICIAN)

PROJECTASSIGNED ROLE - CORPORATEMONITOR HQE SYSTEMS, INC - MANAGEMENTTEAM Executive leader for managing the overall project to ensure the project is executed to the specified standards.

Significant Accomplishments: Mr. Alkurdi has 17+ years of direct experience managing complex Integrated Electronic Security Systems (ACS, CCTV, IDS) and Software Engineering (artificial intelligence, deep machine learning, systems software) projects. He has personally managed organizations in the engineering, analysis, implementation, sustainment, and operational use of life safety systems.

TOP SECRET CLEARANCE, FULL BACKGROUND INVESTIGATION, ACTIVE CAC CARD HQE Systems, Inc. 2016–Present: Chief Executive Officer / Corporate Monitor Mr. Alkurdi is responsible for supervising and setting the trajectory of the enterprise software development company by developing objectives, leading and motivating employees, and overseeing all business activities to ensure they align with the overall strategy and mission of the company.

Mr. Alkurdi served as the Electronic Security Systems (ESS) Subject Matter Expert overseeing the design, implementation, and maintenance of the Government’s Electronic Security Systems comprising thousands of Video Surveillance, Intrusion Detection, Access Control, Outdoor Sirens, Indoor Public Address Systems, dozens of System Controllers, and hundreds of miles of outdoor audio coverage. Mr. Alkurdi served in many roles that now enable him to monitor all projects for HQE successfully.

DAVIDDITTO - (ENGINEERING ASSOCIATION)

PROJECTASSIGNED ROLE - PROGRAMMANAGER HQE SYSTEMS, INC - MANAGEMENTTEAM Project leader for managing projects design, installation, maintenance, and integration of Electronic Security, Systems Integration, and Software Engineering for clients worldwide.

Significant Accomplishments: As a certified PMP , Mr. Ditto has 14+ years of direct experience managing complex Electronic Security & Outdoor Weather Siren projects. As a Program Manager, Mr. Ditto has personally supervised over 10+ major contracts with a cumulative value of $50 Million in the past 5 years.

TOP SECRET CLEARANCE, FULL BACKGROUND INVESTIGATION, ACTIVE CAC CARD HQE Systems, Inc. 2022–Present: Program Manager
Mr. Ditto is a proven leader and critical thinker who has demonstrated excellent program management, project management, and systems engineering skills during professional experiences in multiple industries. Resourceful problem solver who can identify complete solutions by using proven engineering strategies and working effectively with project teams. Task-oriented and has shown the capability to lead professional engineering teams to complete high-priority tasks within limited schedule and budget requirements. 20 | Page
HQE SYSTEMS, INC.| A Service-Disabled Veteran Owned Small Business (SDVOSB)

Access Control System
Bell, CA
CHARLES LEWIS - MILITARYVETERAN (HONORABLE SERVICE - COMM. TECHNICIAN)

PROJECTASSIGNED ROLE - PROGRAMMANAGER HQE SYSTEMS, INC - MANAGEMENTTEAM Project leader for managing projects design, installation, maintenance, and integration of Electronic Security, Systems Integration, and Software Engineering for clients worldwide.

Significant Accomplishments: As a certified PMP , Mr. Lewis has 27+ years of direct experience managing complex Communications, Electronic Security, and Outdoor Warning Siren projects. As a Program Manager, Mr. Lewis has personally supervised over 10+ major contracts with a cumulative value of $30 Million in the past 5 years.

TOP SECRET CLEARANCE, FULL BACKGROUND INVESTIGATION, ACTIVE CAC CARD HQE Systems, Inc. 2022–Present: Program Manager
Oversee daily operations of the Installation Division and staff. Collaborate with internal stakeholders on requests for proposals (RFPs), estimates, change orders, the scope of work, project milestones, and life cycle management.

Develop and implement policies and standard operating procedures (SOP). Support and train junior project managers and supervisors to review milestones, ensure proper utilization of resources, monitor quality, and manage schedules. Collaborate with Business Development staff and utilize a professional network to ensure potential opportunities are captured. Conduct site visits for surveys and quality control.

Nick Ellis - MILITARYVETERAN (HONORABLE SERVICE - COMM. TECHNICIAN)

PROJECTASSIGNED ROLE - LEADPROJECTMANAGER HQE SYSTEMS, INC - MANAGEMENTTEAM - SENIOR PM Provides the detailed oversight of the schedule, technical staff, and deployment of the Electronic Security Systems, Systems Integrations, and Software Engineering services.

Significant Achievements: Mr. Ellis has over 13+ years of Electronic Security Systems (CCTV, ACS, & IDS). Mr. Ellis has managed the entire United States Marine Corps’ ESS program for the West Coast. Additionally, Mr. Ellis holds over 12 years of project management experience leading multiple teams to successfully complete strategic value major Electronic Security Systems projects for all levels of the Government.

TOP SECRET CLEARANCE, FULL BACKGROUND INVESTIGATION, ACTIVE CAC CARD HQE Systems, Inc. 2018–Present: Lead Project Manager
Mr. Ellis is responsible for the design, implementation, and maintenance management of all Electronic Security System Implemented by HQE Systems. Mr. Ellis leads a team of 10 technicians to provide dedicated Electronic Security Systems installations. Additionally, Mr. Ellis oversees an integral part of the Navy Sustainment program and the Marine Corps Electronics Security Systems program. His duties included supporting the Space and Naval Warfare (
SPAWAR) division by working with the military Physical Security and the Provost Marshal's Office (PMO) to coordinate and prepare Statements of Work (SOW) for future contracts. 21 | Page
HQE SYSTEMS, INC.| A Service-Disabled Veteran Owned Small Business (SDVOSB)

Access Control System
Bell, CA
Charles West - MILITARYVETERAN (HONORABLE SERVICE - SPECIAL FORCES)

PROJECTASSIGNED ROLE - SUPPLIER MANAGEMENT HQE SYSTEMS, INC - SENIOR FIELD ENGINEER Engineering Quality Control and Quality Assurance. Provides CAD Engineering services when required. Manages supply throughput and provides liaison support to the OEM.

Significant Accomplishments:Mr. West has 5+ years of direct experience in field engineering, CAD engineering, and project management. Mr. West was personally involved and was a leader in major Electronic Security Systems (CCTV, ACS, and IDS) systems design, upgrade, and maintenance for the United States Marine Corps. With over 1,000+ endpoints, Mr. West successfully performed the duties of the field engineer to ensure all equipment, labor, and systems testing were delivered, executed, and turned over to the Government on time and as directed.

TOP SECRET CLEARANCE, FULL BACKGROUND INVESTIGATION, ACTIVE CAC CARD HQE Systems, Inc. 2019–Present: Field Engineer
Mr. West is responsible for supervising and leading installation teams in the performance of the current installation or maintenance contract. Mr. West also acts as the direct liaison to the customer during all periods of performance to facilitate communications and deconflict and mitigate any questions or issues that may arise. As a primary liaison between HQE and the OEM, Mr. West ensures that all hardware and software required for the project are available, up-to-date, and prepared for the project. Mr. West is also the Computer-Aided Design (CAD) specialist for HQE and supports the design and development process for all ESS.

Kevin Ford - MILITARYVETERAN (HONORABLE SERVICE - NETWORK TECHNICIAN)

PROJECTASSIGNED ROLE - LEADFIELD ENGINEER HQE SYSTEMS, INC - MANAGEMENTTEAM - FIELDENGINEER Provides the detailed oversight of the schedule, technical staff, and deployment of the Electronic Security Systems, Systems Integrations, and Software Engineering services.

Significant Achievements: Mr. Ford has over 10 years of Electronic Security Systems (ESS) Technologies integration experience. Additionally, Mr. Ford has over 14 years of project management experience leading multiple teams to complete strategic Department of Defense (USMC, USN, USAF) projects.

SECRET CLEARANCE, FULL BACKGROUND INVESTIGATION, ACTIVE CAC CARD HQE Systems, Inc. 2018–Present: Lead Project Manager
Mr. Ford performs various duties supporting ESS projects for the Department of Defense. Mr. Ford has comprehensive experience reading blueprints, wiring diagrams, schematic drawings, and engineering instructions to assist the Lead Technician with project planning and implementation. In addition to these duties, Mr. Ford performs testing and diagnostic analysis of ESS equipment for operational capability and functionality for new and existing installations. He is responsible for creating reports and recording data compiled from multiple testing techniques.

For existing installations, Mr. Ford uses this testing and diagnostics experience to identify and correct faults while troubleshooting ESS equipment. His ESS area of expertise includes working with Honeywell and DMP Bosch Alarm Panels, Pelco Cameras, Vindicator Command, and Control Systems, VICADS Closed Circuit Cameras, Lift Master Sliding Gates, Delta Gates Turnstiles, Vindicator Fence Line IDS, AMAG IDS, etc. 22 | Page
HQE SYSTEMS, INC.| A Service-Disabled Veteran Owned Small Business (SDVOSB)

Access Control System
Bell, CA
Andrew Hernandez (VOLUNTEERCERT SERVICE)

PROJECTASSIGNED ROLE - LEADTECHNICIAN HQE SYSTEMS, INC - TECHNICIANTEAM Lead Technician provides supervision of the technical team and is the first line of supervision for the project. Ensures that all solutions are properly bench-tested, prepared for shipment, and installed properly on-site and provides test, turnover, and training to the client.

Significant Accomplishments: Mr. Hernandez has 8+ years of direct experience working on designing, installing, maintaining, and integrating Electronic Security Systems (ACS, CCTV, IDS). Mr. Hernandez has successfully managed multiple ESS projects.

SECRET CLEARANCE PENDING, FULL BACKGROUND INVESTIGATION, ACTIVE CAC CARD HQE Systems, Inc. 2017–Present: Lead Installation Technician Mr. Hernandez performs a wide variety of duties in support of ESS projects. Mr. Hernandez is responsible for reading blueprints, wiring diagrams, schematic drawings and engineering instructions to assist the Project Manager with project planning and implementation. In addition to these duties, Mr. Hernandez performs testing and diagnostic analysis of ESS equipment for operational capability and functionality for new and existing installations. He is responsible for ensuring all infrastructure for ESS was installed properly. This included mounting exterior and interior conduits for cable pathways, mounting exterior and interior speakers, penetrating exterior, and interior walls for cable pathways, etc. Part of his infrastructure duties is to ensure proper power was applied to all systems.

FERNANDO ABUNDIS - MILITARYVETERAN (HONORABLE SERVICE - COMM. TECHNICIAN)

PROJECTASSIGNED ROLE - TECHNICIAN HQE SYSTEMS, INC - TECHNICIANTEAM Expert Technician that will conduct bench-tests, preparation of supplies/materials, properly installing the solution. To include post-project testing of the solution, training to the clients, and other on-the-ground project requirements.

Significant Accomplishments: Mr. Abundis has 5+ years of direct experience working on designing, installing, maintaining, and integrating Electronic Security Systems(ACS, CCTV, IDS). Mr. Abundis has successfully installed multiple ESS projects.

SECRET CLEARANCE, FULL BACKGROUND INVESTIGATION, ACTIVE CAC CARD HQE Systems, Inc. 2017-Present: Installation Technician Mr. Abundis is an experienced installation technician with a wide variety of skills. Mr. Abundis ensures ESS installation daily tasks are completed efficiently and effectively with little guidance from the Lead Technician. He is responsible for assuring all ESS infrastructure for a project is installed according to customer specifications. This includes mounting conduit pathways for cabling, terminating cables at their respective components, testing and op-checking functionality of ESS equipment, replacing faulty equipment as identified, etc. Mr. Abundis possesses key experience with installing ACS & IDS Systems and has successfully completed dozens of ESS installations worldwide. 23 | Page
HQE SYSTEMS, INC.| A Service-Disabled Veteran Owned Small Business (SDVOSB)

Access Control System
Bell, CA

JOE CASTLE - COMMUNITYVOLUNTEER(HOMELESS VETERANS SHELTERS)

PROJECTASSIGNED ROLE - TECHNICIAN HQE SYSTEMS, INC - TECHNICIANTEAM Expert Technician that will conduct bench-tests, preparation of supplies/materials, properly installing the solution. To include post-project testing of the solution, training to the clients, and other on-the-ground project requirements.

Significant Accomplishments: Mr. Castle has 10+ years of direct experience working on designing, installing, maintaining, and integrating Electronic Security Systems(ACS, CCTV, IDS). Mr. Castle has successfully installed multiple ESS projects.

Languages: English, Spanish, Korean (Fluent written & oral)

CLEARANCE SUBMITTED, FULL BACKGROUND INVESTIGATION, ACTIVE CAC CARD HQE Systems, Inc. 2021-Present: Installation & Maintenance Technician Mr. Castle is an experienced installation technician with a wide variety of skills. Mr. Castle ensures ESS installation daily tasks are completed efficiently and effectively with little guidance from the Lead Technician. He is responsible for assuring all ESS infrastructure for a project is installed according to customer specifications. This includes mounting conduit pathways for cabling, terminating cables at their respective components, testing and op-checking functionality of ESS equipment, replacing faulty equipment as identified, etc. Mr. Castle has key experience installing ACS and IDS Systems and has completed dozens of ESS installations worldwide.

JAIME JAUREGUI- MILITARYVETERAN (HONORABLE SERVICE - COMM. TECHNICIAN)

PROJECTASSIGNED ROLE - TECHNICIAN HQE SYSTEMS, INC - TECHNICIANTEAM Expert Technician that will conduct bench-tests, preparation of supplies/materials, properly installing the solution. To include post-project testing of the solution, training to the clients, and other on-the-ground project requirements.

Significant Accomplishments: Mr. Jauregui has 13+ years of direct experience working on designing, installing, maintaining, and integrating Electronic Security Systems(ACS, CCTV, IDS). Mr. Jauregui has personally installed over 1,500+ MCS endpoints.

Languages: English, Spanish (Fluent written & oral)

SECRET CLEARANCE, FULL BACKGROUND INVESTIGATION, ACTIVE CAC CARD HQE Systems, Inc. 2021-Present: Installation & Maintenance Technician Mr. Jauregui is an experienced installation technician with a wide variety of skills. Mr. Jauregui ensures ESS installation daily tasks are completed efficiently and effectively with little guidance from the Lead Technician. He is responsible for assuring all ESS infrastructure for a project is installed according to customer specifications. This includes mounting conduit pathways for cabling, terminating cables at their respective components, testing and op-checking functionality of ESS equipment, replacing faulty equipment as identified, etc. Mr. Jauregui has key experience installing ACS and IDS Systems and has completed dozens of ESS installations worldwide. 24 | Page
HQE SYSTEMS, INC.| A Service-Disabled Veteran Owned Small Business (SDVOSB)

Access Control System
Bell, CA
DOMINICK ANDERSON - MILITARYVETERAN (HONORABLE SERVICE - COMM. TECHNICIAN)

PROJECTASSIGNED ROLE - TECHNICIAN HQE SYSTEMS, INC - TECHNICIANTEAM Expert Technician that will conduct bench-tests, preparation of supplies/materials, properly installing the solution. To include post-project testing of the solution, training to the clients, and other on-the-ground project requirements.

Significant Accomplishments: Mr. Anderson has 10+ years of direct experience working on designing, installing, maintaining, and integrating Electronic Security Systems(ACS, CCTV, IDS). Mr. Anderson has successfully installed multiple ESS projects. Mr. Anderson has personally installed over 1,100+ MCS endpoints.

SECRET CLEARANCE, FULL BACKGROUND INVESTIGATION, ACTIVE CAC CARD HQE Systems, Inc. 2021-Present: Installation & Maintenance Technician Mr. Anderson is an experienced installation technician with a wide variety of skills. Mr. Anderson ensures ESS installation daily tasks are completed efficiently and effectively with little guidance from the Lead Technician. He is responsible for assuring all ESS infrastructure for a project is installed according to customer specifications. This includes mounting conduit pathways for cabling, terminating cables at their respective components, testing and op-checking functionality of ESS equipment, replacing faulty equipment as identified, etc. Mr. Anderson has key experience installing ACS and IDS Systems and has completed dozens of ESS installations worldwide.

CURTIS CANEPA- VOLUNTEER(CERT / EMS)

PROJECTASSIGNED ROLE - TECHNICIAN HQE SYSTEMS, INC - TECHNICIANTEAM Expert Technician that will conduct bench-tests, preparation of supplies/materials, and properly install the solution. To include post-project testing of the solution, training to the clients, and other on-the-ground project requirements.

Significant Accomplishments: Mr. Canepa has 5+ years of direct experience working on designing, installing, maintaining, and integrating Electronic Security Systems(ACS, CCTV, IDS). Mr. Canepa has successfully installed multiple ESS projects.

CLEARANCE SUBMITTED, FULL BACKGROUND INVESTIGATION, ACTIVE CAC CARD HQE Systems, Inc. 2020–Present:Installation & Maintenance Technician Mr. Canepa is an experienced installation technician with a wide variety of skills. Mr. Canepaa ensures ESS installation daily tasks are completed efficiently and effectively with little guidance from the Lead Technician. He is responsible for assuring all ESS infrastructure for a project is installed according to customer specifications. This includes mounting conduit pathways for cabling, terminating cables at their respective components, testing and op-checking functionality of ESS equipment, replacing faulty equipment as identified, etc. Mr. Canepa has key experience installing ACS and IDS Systems and has completed dozens of ESS installations worldwide. 25 | Page
HQE SYSTEMS, INC.| A Service-Disabled Veteran Owned Small Business (SDVOSB)

Access Control System
Bell, CA

MARTIN DIAZ - (KIDS TECH VOLUNTEER) - FULL-STACKSOFTWAREEXPERT

PROJECTASSIGNED ROLE - SOFTWAREENGINEER HQE SYSTEMS, INC - SOFTWARETEAM Software Engineer with experience in full stack development, systems engineering, systems programming, and other development engineering tasks for major projects.

Significant Accomplishments: Mr. Diaz is an experienced Aerospace & Defense software engineer with over 9+ years of hands-on systems programming and cyber security experience working on sensitive U.S. government projects. He has successfully designed and developed custom software for hardware systems monitoring and activation for major life safety and security systems utilized by the U.S. Government.

TOP SECRET CLEARANCE, FULL BACKGROUND INVESTIGATION, ACTIVE CAC CARD HQE Systems, Inc. 2022-Present: Full Stack Program Developer and Engineer Mr. Diaz is experienced in conducting information system security research, testing, and analysis to correlate router configurations with logical network maps. Learned proper troubleshooting techniques for Windows systems and satellite communications equipment. Deployed high-availability satellite communications infrastructure necessary for operational command and control. Set up server and administrator privileges and restrictions for users using Windows Server 2012.

Desiree Carr - MILITARYVETERAN (HONORABLE SERVICE - MILITARYPOLICE)

PROJECTASSIGNED ROLE - CUSTOMERSUPPORT HQE SYSTEMS, INC - CUSTOMERSUPPORT TEAM Provides timely and professional customer and technical support to the clients.

Significant Accomplishments:Mrs. Carr has 6+ years of direct experience in providing 24/7/365 customer support. As the lead customer support representative, Mrs. Carr has implemented a hassle-free customer support system that ensures all trouble tickets are resolved on time with the highest level of customer satisfaction.

SECRET CLEARANCE, FULL BACKGROUND INVESTIGATION, ACTIVE CAC CARD HQE Systems, Inc. 2017–Present: Business Development Specialist/Customer Service Manager Mrs. Carr provided personable and knowledgeable IT support to customers with various hardware and software-related issues. Mrs. Carr provided in-depth technical support to clients at a Tier 2 level, solving 99.2% of issues without transferring to Tier 3 support. Mrs. Carr coordinated with Level 1 technical support specialists to take over calls outside their level of support and assist customers with more complex technical issues requiring a greater level of personalized care and greater length. In some situations, Mrs. Carr escalated support desk tickets to Level 3 in the most crucial circumstances and after considerable time had been spent on a single ticket.

Additionally, Mrs. Carr onboards and trains all incoming junior tech support specialists. 26 | Page
HQE SYSTEMS, INC.| A Service-Disabled Veteran Owned Small Business (SDVOSB)

Access Control System
Bell, CA

3. Means and Methods of Approach

3.a HQE’s Proposed Solution For This Project
HQE utilizes a simple but highly effective modified waterfall project management process that is ideal for the City of Bell’s need for this specific ACS project. Based on solicitation # PW24-001 HQE’s dedicated project management team has established the following waterfall project management goals and milestones. Estimated Project Work Days On Site:~ 14
* Note: The proposed estimated days above do not take into consideration any scheduling conflicts, unexpected changes to the availability of supplies from the manufacturer, inclement weather, COVID-19 Pandemic, and or civil unrest issues that may cause delays in the overall project. HQE will inform the City of Bell of any potential delays if any arise during any phase of the project.

Planning Phase Participant(s)
1 This phase is initiated when HQE receives the intent to award notice from the client.

HQE City of Bell Genetec
2 Goals of this phase are:
3 Coordinate and finalize all administrative (contract) requirements X X 4 Conduct an internal kickoff meeting with the HQE’s designated staff and the OEM/Suppliers to prepare for the project.

X X
5 Coordinate the details of the official kickoff meeting for the project between HQE’s designated staff and the City of Bell’s stakeholders.

X X
6 Conduct the official kickoff meeting to include:
● Project team introductions
● Request for any final information/updates for the project ● Discuss general milestones & schedule
X X
7 Create the project milestones and schedule based on the discussions with the OEM & clientX X 8 This phase ends when the plan is established by HQE and approved by the client Designing Phase Participant(s)
1 This phase is initiated when HQE receives the approval for the updated project plan based on the information gathered during the planning phase.

HQE City of Bell Genetec
2 Goals of this phase are:
3 Technical design of the specified systems requirement is compiled into the comprehensive overall system engineering and design architecture.

X
4 An updated detailed bill of materials (BOM) is finalized (hardware, software, and consumable materials) and requisitioned from the suppliers.

X x
5 HQE to update the overall lead times of the supplies being ordered to the City of Bell that may impact the initial project.

X x
27 | Page
HQE SYSTEMS, INC.| A Service-Disabled Veteran Owned Small Business (SDVOSB)

Access Control System
Bell, CA
6 All critical components are bench tested at HQE’s facilities to ensure proper function and prepared for installation. X
7 HQE to coordinate with the client’s project POC to confirm the execution schedule. X X 8 This phase ends when the planned equipment/materials are on-site to start the hands-on portion of the project on-site.

Execution Phase Participant(s)
1 This phase is initiated when the exact date is confirmed for HQE’s team to be on-site to perform the hands-on execution of the project. HQE City of Bell Genetec 2 Goals for this phase are:
3 Link up and meet the Client’s POC and other stakeholders on-site. X X 4 HQE to coordinate with the City of Bell to capture all on-site DOs and DON'Ts that were not previously identified. X X
5 HQE to perform all specified tasks on site. X
6 Conduct internal testing of the system installed to the OEM’s proper function standards. For any test results that do not meet the OEM standards, HQE will fix the issue to ensure all internal tests meet the OEM standards for the final performance.

X
7 HQE to coordinate with the client for the test and turnover date. X X 8 This phase ends when testing and turnover dates are agreed to by all parties.

Test, Training, & Turnover Phase Participant(s)
1 This phase is initiated when the test and turnover dates are agreed to by HQE and all stakeholders. (HQE & the City of Bell) HQE City of Bell Genetec 2 Goals for this phase are:
3 Detailed site walkthroughs of all the works performed by HQE. X X 4 HQE to test the agreed-upon percentage of the system with the client to ensure the proper functioning of the system per the OEM standards. X X
5 HQE to fix any issues during the test and turnover phase. X X 6 HQE to provide the client with the systems test and turnover files/ report. X X 7 HQE to conduct any training required by the client per the RFP . X X 8 This phase ends when the client signs off on the test and turnover certificate.

Customer Support Phase Participant(s)
1 This phase is initiated when the system is accepted by the client.

HQE City of Bell Genetec
2 Goals of this phase are:
3 Provide the level of customer support as required in the solicitation for all technical issues that may arise during the set time duration of the contract. X X 4 Provide the service calls as specified in the solicitation required by the City of Bell. X X 5 Provide any offered virtual refresher training as required and agreed by HQE. X X 6 Provide the required report specified in the solicitation to the City of Bell. X X 7 This phase ends on the last day of the specified solicitation performance task requirement. * NOTE: HQE’s initial plan offered can be modified if desired by the City of Bell. We understand that the details of the project and timelines may have changed since the posting of the solicitation. 28 | Page
HQE SYSTEMS, INC.| A Service-Disabled Veteran Owned Small Business (SDVOSB)

Access Control System
Bell, CA

3.a.1. Equipment List
Line Make Model Equipment Descriptions
1 Genetec GSC-Base-S
Genetec Security Center (GSC) Base Standard Package. Includes Synergis Standard Package which contains 1 Access Manager and Badge Designer.

Includes Omnicast Standard Package which contains Archiving support, Media Router, Audio, Camera Sequences, Camera
Dewarping, Time Zone, Edge recording, trickling and archive transfer, Keyboard and Joystick Support. Includes AutoVu Standard Package.

Limited to: 64 readers, 1 Access Manager, 5 clients, 50 cameras, and 1 archiver. GenetecTM Advantage required with system purchase.
2 Genetec SY-CLOUDLINK-G
2 SynergisTM Cloud Link with 4GB of RAM, 16GB Flash, second generation, installed with SynergisTM access control firmware, four RS-485 ports, PoE.
3 Genetec SY-LP1502 Mercury Intelligent Controller, Linux Based, 8In/4Out/2Rd (2 reader licence connections included)
4 Genetec SY-MR52-S3
Mercury MR52 2-reader interface module Series 3 (8 inputs, 6 relays, PCB only, 2 reader license connections included). Add GSC-SY-X-1RE if more reader connections are needed.
5 Genetec ADV-RDR-S-1Y GenetecTM Advantage for 1 SynergisTM Reader – 1 year 6 Genetec SV-2030E-R6S-D
480-336
StreamvaultTM 2030E Series - 1U 6-Bay Multi-Purpose Appliance 1x Xeon E-2336 16GB RAM 2x 480GB SSD 2x 1GbE RJ45 2x 600W PSU Windows Server Standard 5YR NBD KYHD Warranty -
GenetecTM Security Center pre-installed. License sold separately. 7 NavePoint 00405583 NavePoint 1U Vertical Wallmount Rack for Server 8 Genetec SY-DV16RD-E8M
2 LifeSafety Power - Genetec enclosure - 12V & 24VDC | 400W 110V|60HZ| 16 Reader | 8 Mercury and Cloudlink |E8M2 Standard 9 Altronix BC100 LP1502 Enclosure
10 Altronix AL300ULPD8CB Power Supply, 12/24 VDC, 2.5A, W/PD8CB, with Enclosure 11 Power
Sonic PS-1212
Rechargeable Sealed Lead Acid Battery 12V 1.4AH for General Purpose, Medical, Emergency Lighting, Fire and Security with F1 Terminals
12 Genetec 5006PGGMN COMPOSITE ICLASS SEOS CONTACTLESS SMART CARD 8 KB MEMORY , ER PROG., F-GLOSS, B-GLOSS, Matching iCLASS #, NO 29 | Page
HQE SYSTEMS, INC.| A Service-Disabled Veteran Owned Small Business (SDVOSB)

Access Control System
Bell, CA
SLOT (100 pack minimum order)
13 Genetec SY-40KNKS-00-0
00000
HID Signo 40K reader, Wall mount w/Keypad, 13.56mHz &125kHz, OSDP/Wiegand, Pigtail, Mobile Ready, BLE
14 Genetec SY-40NKS-00-00
0000
HID Signo 40 reader, Wall mount, 13.56mHz &125kHz,
OSDP/Wiegand, Pigtail, Mobile Ready, BLE
15 HES 7000C-12/24D-6
30 Electric Door Strike
16 Bosch DS150i Request to Exit (REX) Door Sensor
17 SCP SCP-ACC-1 Composite ACS Cable (22/6, 18/4, 22/4, 22/2) 500' rolls 18 Fargo DTC1250e Dual-Side Printer: Base Model (NA) with USB 19 APC BR1500G 1500 VA 865 Watt 10 Outlets Power Saving Back-UPS RS 1500 20 HQE-Misc Misc. Materials, Cables, Connectors, and Conduits 30 | Page
HQE SYSTEMS, INC.| A Service-Disabled Veteran Owned Small Business (SDVOSB)

Access Control System
Bell, CA

3.b. Innovative and/or Creative Approaches

3.b.1 HQE’s Proposed Solution For This Project
Specific to solicitation # PW24-001, HQE’s capable of providing the specified ACS for the City of Bell. As HQE is a brand agnostic systems integrator and ACS, IDS, & VSS solutions provider, HQE is providing the ideal ACS, IDS, & VSS solution and maintenance service that would fit the needs of the City of Bell without pushing a “specific brand” or “product”. After careful analysis of the requirement, HQE will provide the following solution from the specified manufacturer:
❖ Access Control System (ACS).The proposed Genetec Access Control System is the world’s most secure, reliable, and easy-to-operate modern ACS solutions. This solution meets or exceeds all specified requirements of the solicitation.

The solution offered to the City of Bell is the world’s SMARTEST ACS. The system is manufactured from military-grade materials that can withstand the harshest environments. At the core, it’s an intelligent ACS that will provide the specified solution to help increase on-site security while reducing overall operational requirements. However, after close inspection, you will notice that the sub-systems are designed to increase the site’s security posture and operational efficiency to reduce the overall resource drain as it is a highly reliable system. The Genetec ACS is the world’s most scalable systems that can be deployed in any size and scope of a project.

For the City of Bell’s ACS, HQE’s dedicated Project Manager, Engineers, and Technicians have identified the following key issues that must be addressed by our team for the successful implementation of this project.
31 | Page
HQE SYSTEMS, INC.| A Service-Disabled Veteran Owned Small Business (SDVOSB)