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subcontractor pursuant to S ection 4.5, an d only if spec ified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at a ll project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.
2.4 In voices.
Each mo nt h Contractor shall furnish to City an orig inal invoice for a ll work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoic e fo r payment under this Agr eement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, a nd sub-c ontractor c ontracts. Sub-c ontractor charges shall also be detailed by such categories. Contractor shall not invoice City for any duplicate services p erformed by more than one person.
City shall, as soon as pr acticable, independently review each invoice submitted by the Contr actor to de termine whether the wo rk perfor med, a nd expe nses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contr actor acknowl edges a nd agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time per iod. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correcti on a nd re submission. Re turned invoices sha ll be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and paym ent by the City of any invoice provided by the Contractor shall not constitute a waiver of any rig hts or remedies provided herein or any applicable law.
2 .5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
ARTICLE 3. PERFORMAN CE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Sche dule of Performance.
Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s)
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established in the “Schedule of Perfo rmance” att ached here to as Exhibi t “D” and incorporated herein by this reference. When re quested by the Contractor, ex tensions 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 Ma jeure.
The time peri od(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 unfo reseeable ca uses beyo nd the cont rol a nd without the fa ult or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually seve re wea ther, fires, earthquakes, floods, epidemics, qu arantine restrictions, riots, strikes, f reight e mbargoes, wa rs, l itigation, a nd/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay.
The Contract Officer shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to r ecover damages aga inst the City f or any dela y in the perfor mance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Inspection and Final Acceptance.
City may i nspe ct and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within forty-five (45) days a fter submitted to City. City shall acce pt work by a ti mely writ ten acceptance, otherwise work shall be d eemed to have b een rejected. City’s a cceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to f raud. A cceptance of any work by C ity sha ll not c onstitute a wa iver of any of the provisions of this Agreement inc
luding, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively.
3.5 Term.
Unless earl ier t erminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) yea rs from the da te h ereof, ex cept as otherwise p rovided in the Schedule of Performance (Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Rep resentatives 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:
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(Name) (Title)
(Name) (Title)
(Name) (Tit le)
It is expre ssly unders tood that the exp erience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreeme nt. Th erefore, the P rincipals shall be re sponsible 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 a ll ti mes be under the exclus ive dir ection a nd control of the principals. F or purposes of this Agreeme nt, the P rincipals may not be r eplaced, nor may their responsibilities be substantially re duced by Contractor without the e xpress w ritten approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 S tat
us of Contractor.
Contractor sha ll 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 a uthority is exp ressly con ferred under this Agree ment or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or an y of Contractor’s officers, employees, or age nts are in an y 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 o r any other b en efits which m ay otherwise accrue to City’s e mployees.
Contractor expressly waives any claim Contractor may have to any such rights.
4.3 Contr
act Officer.
The Contra c t Officer shall be John Oskoui, Interim Director of Public Works or such person as may be designa ted by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any d ecisions 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 Of ficer. The Contract Officer shall have a uthority, if specified in writ ing by the City Manage r, to sign a ll documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 I ndependent Contractor.
Neither the City no
r any of its e mployees shall have an y control over the manner, mode or means by which Contractor, its age nts or e mployees, perfo rm the services required herein, except as otherwise set forth herein. City shall have no voice in
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the se lection, discharge, supervision or c ontrol of Contractor’s e mployees, serva nts, representatives, or agents, or in fixing their number, compensation or hours of se rvice.
Contractor shall perform a ll se rvices re quired here in as a n independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are c onsistent with that role. Contractor sha ll not at an y 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 b ecome or be dee med to be a pa rtner of Contr actor in its b usin ess or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experien ce, know ledge, capability and reputation of Contractor, its principals and employees we re a substantial inducement for the City to e nter into this Agreement. The refore, Contractor shall not contract with any other entity to perform in whole or in pa rt the se rvices required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expe nse, such lice nses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any se rvices or work under this Agreement. In addition, neither this Agreement nor
any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operati on of law, whether for t he benefit of creditors or otherwise, without the prior written approval of City. Transfe rs restricted hereunder shall include the transfer to any pe rson or g roup of pe rsons a cting in con cert 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 eve nt of an y such una pproved transfer, including any bankruptcy proceeding, this Agreement shall be v oid. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
ARTI
CLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the e ntire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
(a) Commercial General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000 per occurrence or if a general aggregate limit is used, then the general agg regate limit shall be t wice the occurrence limit.
(b) Work ers Compensation I nsurance. A policy of work ers compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Contractor against an y los s, claim or d amage arising fr om any injuries or occupational diseases occurring to any worker employed by or any persons retained b y the Contractor in the course of carrying out the work or services contemplated in this Agreement.
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(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occur rence for bodily injury and pr operty damage in an amount not less than $1,000,000. Sa id policy shall include coverage for owned, non- owned, leased, hired cars and any automobile.
(d) P rofessiona l L iability. P rofessional lia bility insurance appropriate to the Contractor’s profession. This coverage may be written on a “claims made” basis, a nd must include c overage for co ntractual lia bility. The pro fessional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive yea rs following the comp letion of C ontractor’s se rvices or t he termination of this Agreement. During this additional 5- year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.
(e) Additional Insurance. P olicies of such other insu rance, as may be required in the Special Requirements in Exhibit “B”.
(f) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All cover ages for subcontractors shall be subject to a ll of the requirements stated herein.
5 .2 Ge neral Insurance Requirements.
All of the a bove policies of insurance shall be primary insurance and shall name the City, its e lected and ap pointed officers, employees and agents as a dditional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Contractor’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the p rimary insur ed does not satisfy the self-insured retention, any additional insured may satisfy the self- insured retention.
All
of sa id policies of insurance shall pr ovide that sa id insurance ma y not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insur ance binders e videncing the a bove insurance cov erages a nd sa id Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.
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All certificates shall name the City as a dditional insured (providing the appropriate endorsement) and shall conform to the following “cancellation” notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CANCELLED BEF ORE THE EXPIRATION DA TED
THEREOF, THE ISSUING COMPANY SHALL MAIL THIRTY
(30)-DAY ADVANCE WRITTEN NOTICE TO CERTIFICATE
HOLDER NAMED HEREIN.
[to be initialed]
Agent’s Initials
City, i ts respe ctive e lected and appointed o fficers, directors, o fficials, employees, agents and volunteers are to be covered as additional insureds as respects:
liability arising out of activities Contractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or any automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective el ected a nd a ppointed officers, officials, employees or volunteers. Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
Any deductibl es or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Contractor agrees that the r equirement to provide insurance shall not be construed as limiti ng in any way the ex tent to which the Contractor ma y be he ld responsible for the payment of damages to any persons or property resulting from the Contractor’s activities or the activities of any person or persons for which the Contractor is otherwise re sponsible nor sha ll it limit the Contractor’s indemnification lia bilities a s provided in Section 5.3.
In the
event the Contractor subcontracts any po rtion of the work in compliance with Section 4.5 of this Agreement, the contract between the Contractor and such subcontractor shall r equire the subcontractor to maintain the sa me policies of insurance that the Contractor is required to maintain pursuant to S ection 5.1, and such certificates and endorsements shall be provided to City.
5.3 I ndemnification.
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 a nd each of them ha rmless f rom, any a nd a ll actions, either judicial, a dministrative, arbitration or regulatory claims, da mages to pe rsons or pr operty, losses, c osts, pena lties, obligations, errors, omissions or lia bilities whether actual or threatened (here in “claims or liabilities”) that ma y be asserted or claimed by any pe rson, firm or entity arising out of or in
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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 p erform 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 a ll costs a nd expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b
) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its offi cers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
In additi
on, Contractor agrees to indemni fy, defend and hold h armless the Indemnified Parties from, any a nd all claims and liabilities for any infringement of patent rights, copyrights or trademark on any person or pe rsons in consequence of the use b y the Indemnified Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor is not the patentee or assignee or has not the lawf ul right to sell the same.
Contractor shall incorpo rate similar indemnity agreeme nts w ith its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services a nd work hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to th e fullest extent permitted by law, shall apply to claims and liabilities result ing in pa rt fr om City’s negligen ce, exce pt that desig n pro fessionals’ 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 succe ssors a nd assig ns of C ontractor a nd shall survive termination of this Agreement.
5 .4 Notification of Third-Party Claims.
City shall ti mely notify C ontractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.
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5.5 Performance and Labor Bonds.
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the following:
Concurrently with execution of this Agreement Contractor shall deliver to the City,
(a) A performance bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement.
(b) A labor and materials bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the payment of all pe rsons fur nishing labor and/or materials in connection with the work unde r this Agreement.
Both the performance and labors bonds required under this Section 5.5 shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agree ment a nd pays a ll labor a nd mat erials for wo rk and s ervices und er this Agreement.
5 .6 Sufficiency of Insurer or Surety.
Insuranc e a nd bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Ke y Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances.
If this Agreement continues for more than 3 yea rs duration, or in the eve nt the Risk Manager de termines that the work or se rvices to be performed under this Agreement creates an inc reased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by S ection
5.5 may be changed accordingly upon receipt of written notice from the Risk Manager.
5 .7 Substitution of Securities.
Pursuant to P ublic Contract Code S ection 22300, substitution of elig ible equivalent securities for any funds withheld to ensure performance under this Agreement may be permitted at the request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to an escrow agreement in a form prescribed by Public Contract Code Section 22300, request payment of retentions funds earned directly to the escrow agent at the sole expense of the Contractor.
5.8 Re lease of Securities.
City sha ll release the Per formance a nd Labo r Bonds wh en the following have occurred:
(a) Contractor has made a writ ten re quest for release a nd provided evidence o f s atisfaction of a ll other requirements under Article 5 of this Agreement.
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(b) the Work has been accepted; and
(c) after passage of the time within which lien claims are required to be made pursuant to a pplicable laws; if lien claims ha ve been timely filed, City shall hold the Labor
Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 R ecords.
Contracto r shall k eep, and re quire subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, ce rtified and accurate copies of p ayroll recor ds in com pliance with a ll a pplicable laws, or other documents re lating to the disburs ements charged to City a nd se rvices 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 perfo rmance of such services. Any a nd all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and det ailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such recor ds shall be maintained for a pe riod of 3 yea rs following completion of the services hereunder, and the City shall have a ccess 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 wit h 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 Repor ts.
Contracto r shall periodically prepare and submit to the Contract Officer such reports con cerning the performance of the services required by this Agreement as the Contract Officer shall r equire. 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 rea son, Contractor ag rees that if Contr actor bec omes awa re of any facts, circumstances, t echniques, or eve nts that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the pr o je ct be ing designe d, Contractor shall pr omptly notify the Contract Of ficer of s aid fact, cir cumstance, technique or event a nd the e stimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6 .3 Own ership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, compu ter files, re ports, records, documents a nd other mat erials (the
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“documents a nd mat erials”) prepared by Contractor, its e mployees, 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 Contr act Officer or upon the termination of this Agreement, a nd Contractor sha ll have no claim fo r fu rther e mployment or ad ditional 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 o r assignment of such c ompleted doc uments for other pr ojects a nd/or use of unc ompleted 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. C ontractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein.
All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as def in ed in 17 U.S.C. § 101, s uch documents and materials are hereby deemed “works made for hire” for the City.
6 .4 Confidentiality and Release of Information.
(a) Information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorn ey, voluntarily pro vide documents, d eclarations, 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 c onsidered "voluntary" pr ovided 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 h ave the rig ht to reim bursement a nd indemnity fr om Contractor for an y damages, costs a nd fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct.
(d) C ontractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summ ons, complaint, subpoena, notice of d eposition, re quest 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 rep resent Contractor or be prese nt at an y deposition, h earing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to re view any response to discovery re quest s pr ovided b y Contr actor.
However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
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ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreem ent shall be i nterpreted, c onstrued a nd gove rned both as to validity and to perfor mance of the parties in accordance with the laws of the S tate of California. Legal actions concerning an y dispute, claim or matter a rising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of Ca li fornia.
7.2 Di
sputes.
(a) Default; Cure. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to cont inue 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 not reduced, if circumstances warrant. During the period of time that Contractor is in default, the C ity shall hold a ll invoices and shall proceed with payment on the invoices only when the default is cured.
In the al ternative, th e City may, in its sole discretion, e lect to p ay some or a ll of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may ta ke 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 pr ovision of this Agreement.
(b) Dis pute Resolution. This contract is subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000.
Article 1.5 mandates certain pro cedures for the filing of claims a nd supporting documentation by the C ontractor, for the r esponse to such claims by the City, for a mandatory meet and confer conference upon the request of the Contractor, for mandatory non-binding mediation in the event litigation is com menced, and for mandatory judicial arbitration upon the failure to re solve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein.
7 .3 Reten tion of Funds.
Contractor hereby authorizes City to deduct from any a mount 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 nece ssary 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 indebt
edness 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
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amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiv er 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 defau lt shall impair such right or remedy or be construed as a waiver. An y 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 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Le gal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cu re, correct or re medy any defa ult, to r ecover damages for any default, to comp el spe cific perfor mance of t his Agr eement, to obtain d eclaratory or injunctive relief, or to obtain an y other re medy c onsistent with the purposes of t his Agreement. Notwithstanding any contr ary provision herein, Contractor shall file a claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in orde r to p ursue a legal action under this Agreement.
7 .7 Liquidated Damages.
Sin ce the determination of actual damages for any delay in perfo rmance 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 o f One Thousand Three Hundred Dollars ($1,300.00) as liquidated damages for each calendar day of dela y in the performance of an y s ervice re quired hereunder, as specified in the Schedule of Performance (Exhibit “D”), and per section 6-9 of the Special Provisions. The City may withhold from any monies payable on account of services performed by the Contractor any accrued li quidated damage s. Pur s uant to Government Code Section 4215, Contractor shall not be assessed liq uidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.
7 .8 Terminat ion Prior to Expiration of Term.
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This S ection shall g overn an y t ermination of this Contract exce pt as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Contractor, except that where termination is due to the fa ult of t he Contractor, the period of notice may be such short er time as may be de termined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ writ ten notice to City, except that where termination is due to the fault of t he City, the period of notice may be such shorter time a s t he Contractor m ay de termine. Upon receipt of any notice of t ermination, Contractor shall im mediately cease a ll se rvices here under ex cept such as ma y be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination a nd for any se rvices aut horized b y the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as prov ided in S ection 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable va lue of the wo rk 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 .9 Terminat ion 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 a nd prosec ute the sa me to co mpletion by c ontract or o therwise, a nd the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7. 10 At torneys’ 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. A ttorney’s fees shall include attorney’s fees on any a ppeal, and in addition a party e ntitled to attorney’s fees sha ll be e ntitled to a ll other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are in cu rred in such litigation. All such fees shall be deemed to have accrued on commencement of such action a nd shall be enforceab le whether or not such ac tion is p rosecuted to judgment.
7. 11 Unfair Business Practices Claims.
In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall
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be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment of the Parties.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Contracto r covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would c onflict in any manner with the in terests 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 pe rson having any such interest shall be employed by it as an of ficer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflic ts of interest with the interests of City in the performance of this Agreement.
No officer or employee of th
e City shall have any financial interest, direct or
indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Contracto r covenants that, by a nd for itse lf, its he irs, exec utors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any pe rson or g roup of pe rsons on account of r ace, color, cree d, religion, sex, ge nder, 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 a pplicants a re employed an d that e mployees a re treated during employment without r egard to their race, c olor, cre ed, relig ion, s ex, gender, sexual orientation, marital status, national origin, ancestry, or ot her protected class.
8 .4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so e mploy such unauthorized aliens for the performance of work a nd/or services covered by this A greement, and should any lia bility or sancti ons be im posed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall
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reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
ARTICLE 9. MIS CELLANEOUS PROVISIONS
9.1 Notices.
Any notice, dema nd, reque st, document, c onsent, a pproval, or communication either p arty 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, CA 90201 and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its a ddress by notifying the o th er party of the change of a ddress in writ ing. Noti ce shall be dee med com municated at the ti me personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. All correspondence relating to this Agreement shall be serialized consecutively.
9 .2 Int erpretation.
The terms of this Ag reement shall be c onstrued in accordance with the meaning of the language used and shall not be constru ed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be a n or iginal, and s uch counterparts sh all consti tute one a nd the s ame instrument.
9.4 Integrat ion; Amendment.
This Agree ment including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no o ral agreements be tween the pa rties here to affecti ng this Agr eement a nd this Agreement supersedes and cancels any a nd a ll p revious neg otiations, arrange ments, agreements and understandings, if any, between the parties, and none shall be used to interpret this Ag reement. No a mendment 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 canno t be waived and that any attempted waiver shall be void.
9 .5 Sev erability.
In t he eve nt that a ny one or more of t he phrases, se ntences, c lauses, paragraphs, or s ections contain ed in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a cou rt of competent jurisdiction, such invalidity or unenforceability shall not affect any of the re maining phrases, se ntences, clauses, pa ragraphs, or sec tions of this Agreement which a re h ereby decla red as
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severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No officia l, 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 cor poration, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any S tate or municipal statute or r egulation. The de termination of “financial interest” shall be c onsistent with State law and shall not include interests found to be “remote” or “ noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a re sult or consequence of obtaining or be ing awa rded any ag reement. 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.
Contracto r ’s Authorized Initials
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. Th is Agreement shall be binding upon the he irs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF BELL
Ali Saleh
Mayor
ATTEST:
Angela Bustamante
City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
David J.
Aleshire
City Attorney
CONTRACTOR:
Sequel Contractors, Inc.
By:
Name: Title
By:
Name: Title:
Address: 13546 Imperial Highway
Santa Fe Springs, California 90670
Two corporate officer signatures required when Contractor is a co rporation, 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 a ny Assistant Tr easurer. CONT RACTOR’S SIGNATURES
SHALL BE DULY
NOTARIZED, AND APPROPRIATE ATTESTA TIONS SHALL BE
INCLUDED AS MA Y BE REQ UIRED BY THE BYL AWS, AR TICLES OF
INCORPORATION, OR OTHER RU LES O R REGULATIO NS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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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.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 20 24 before
me,
, personally
appeared
, proved to me on the
basis of sati sfactory evidence to be the person(s) whose nam es(s) is /are subscrib ed to the within i nstrument an d 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 i nstrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify un
der 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 DE SCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE
OFFICER
TITLE(S)
TITLE OR TYPE OF DOCUMENT
PARTNER(S) LIMI
TED
GENERAL
NUMBER OF PAGES
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR
ENTITY(IES))
SIGNER(S) OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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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.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2 024 before
me,
, personally
appeared
, proved to me on the
basis of sati sfactory evidence to be the person(s) whose names(s) is/a re subscrib ed to the within i nstrument an d acknowledged to me th at he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the i nstrument 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 DE SCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE
OFFICER
TITLE(S)
TITLE OR TYPE OF DOCUM
ENT
PARTNER(S) LIMIT ED
GENERAL
NUMBER OF PAGES
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
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EXHIBIT “A”
SCOPE OF WORK
I. Contractor shall perform a ll of the work and comply with all of the specifications and requirements in the P lans, Sp ecifications, a nd Contract Documents for the project entitled STREET IMPROVEMENTS ON VARIOUS STREETS FY 2023– 2024 IN THE CITY OF BELL including any do cuments or exhibits r eferenced therein.
II. Brief description of the work to be performed:
Street Improvements on various streets. The project consists of pavement cold mill and ARHM overlay. It includes replacing sidewalk, pavement section, ADA ramps, driveway, curb and gutter, adjusting manhole frames and valves to grade, adjusting water valves and water meter box to grade, installing detectable warning surface and speed humps, striping, and other incidental and appurtenant work necessary for the proper completion of the Project.
III. All work is subject to re view a nd a cceptance by the City and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.
IV. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition.
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
In a ccordance with Sect ion 5.4, upon execution of this Agreement and prior to commencement of work, Contractor shall provide a performance bond securing Contractor’s faithful performance of this Agreement in the amount equal to or greater than the Contract Sum. In addition, prior to commencement of work, Contractor shall pr ovide a payme nt bond in the amount of the Contract Sum securing payment for all persons furnishing labor and materials in connection with the work under this Agreement in a form acceptable to the City. If the Contract Sum is increased, Contractor shall increase the a mounts of the performance bond and payment bond in the same or greater amount as the increase in the C ontract Sum.
The following documents on pages CA- 33 thru CA-41, inclusive, shall be required to be completed and executed by Contractor and are hereby made a part of this Agreement:
o Faithful Performance Bond
o Payment Bond
o Worker’ s Compensation Insurance Certificate
o D eclaration of Sufficiency of Funds
o Guaranty
o F inal Closeout Agreement and Release of All Claims
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
Contractor shall perform all work at the rates on the Bid Sheet submitted as part of Contractor’s Proposal, and listed below:
II. A retention of five percent (5%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.
III. Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the Contract Officer, funds may be shifted from one item’s subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per Section 1.10.
IV. The City will compensate Contractor for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
V. The total compensation for the Services shall not exceed $ 1, 026,022.00
Section 2.1 of this Agreement.
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Contractor shall perform all work timely in accordance with the following schedule:
Days to Perform Deadline Date
A. Task A Proposed Construction Schedule
10 days from Contract execution
________________ ________________
B. Task B Complete all Work
45 days from Notice to Proceed
________________ ________________
Not Applicable
C. Task C ________________ ________________
II. Contractor shall deliver the following tangible work products to the City by the following dates.
A. Construction Schedule
B. Complete All Work Per Plans and Specifications
C.
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
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STREET IMPROVEMENTS ON VARIOUS STREETS
FY 2023-2024
IN THE CITY OF BELL
FAITHFUL PERFORMANCE BOND
KNOW ALL ME N BY THESE PRESENTS that,
as Contractor, and Surety, are
held and firmly bound unto THE CITY OF BELL, a public body, corporate and politic (“Agency”) in the penal sum
of
dollars
($ ), which is one hundred percent (100%) of the total contract amount for the above
stated project, for the payment of which sums, Contractor and Surety agree to be bound, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS O BLIGATION A RE S UCH tha t, whereas Contractor has been awarded and is about to enter into the annexed Agreement with Agency for the above stated pr oject, if Contractor faithf ully perfor ms a nd fulfills a ll obligations under the Agreement (including but not l imited to the obligations of the Contract Documents incorporated therein) in the manner and time specified therein, then this obligation shall be null and void at the end of all warranty periods set forth in the Agreement, otherwise it shall remain in full force and effect in favor of Agency; provided that any alterations in the obligations or time for com pleti on made pursuant to the terms of the Agreement shall not in any way release either Contractor or Surety, and notice of such alterations is hereby waived by Surety.
WITNESS ou r hands this day o f , .
Subscribed and sworn to before me
this day o f , . (Print Name of Contractor, Company or Corporation)
B y: _
(Signature of Notary Public) (President)
By: _
(Secretary/Treasurer)
(SEAL) (SEAL)
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FAITHFUL PERFORMANCE BOND
Subscribed and sworn to before me
this day o f , .
(Print Surety’s Name)
(Signature of Notary Public) (Surety’s Mailing Address)
By:
(SEAL) (Name)
(Title)
NOTE: SIGNA TURES OF CORPOR ATE OFFICIALS AND SUR ETY M UST BE NOTARIZED, ATTACH JURAT.
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STREET IMPROVEMENTS ON VARIOUS STREETS
FY 2023-2024
IN THE CITY OF BELL
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS that
as Contractor, and , as Surety, are held and firmly bound unto THE CITY OF BELL, a public body, corporate and politic (“Agency”) in the penal sum of
dollars ($ ), which is one hundred percent (100%) of the total contract amount for the
above stated pr oject, for the payment of which sum, Contractor and Surety agree to be bound, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS O BLIGATION A RE S UCH that, whereas Contractor has been awarded and is about to enter into the annexed Agreement with Agency for the above stated project, if Contractor or any subcontractor fails to pay for an y labor or material of any kind used in the performance of the work to be done under said Agreement, or fails to submit amounts due under the State Unemployment Insurance Act with respect to sa id labor, Surety will pay for the same in an amount not exceeding the sum set forth above, which amount shall insure to be the benefit of all persons entitled to file claims under the State Civil Code; provided that any alterations in the work to be done, ma terials to be furnished, or time for completion made pursuant to the terms of the Agreement shall not in any way re lease either Contractor or Surety, and notice of said alterations is h ereby waived by Surety.
WITNESS ou r hands this day o f , .
Subscribed and sworn to before me
this day o f , . (Print Name of Contractor, Company or Corporation)
B
y: _
(Signature of Notary Public) (President)
By: _
(Secretary/Treasurer)
(SEAL) (SEAL)
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PAYMENT BOND
Subscribed and sworn to before me
this day o f , .
(Print Surety’s Name)
(Signature of Notary Public) (Surety’s Mailing Address)
By:
(SEAL) (Name)
(Title)
NOTE: SIGNA TURES OF CORPORATE OFFICIALS AND SURETY MUST BE NOTARIZED, ATTACH JURAT.
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WORKER’S COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code Amended by Stats. 1979, (C.373, p1343), each Contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to City of Bell prior to performing any work on the contract:
“I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker’s 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 work of this contract.”
________________________________
(Contractor)
By: ________________________________
(Print Name)
________________________________
(Signature)
________________________________
(Title)
________________________________
(Date)
Section 3700 of the State Labor Code reads in pertinent part as follows:
“Every employer except the state shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state.
(b) By securing from the Director of Industrial Relations a certificate of consent to self-insure either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.”
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DECLARATION OF SUFFICIENCY OF FUNDS
(California Labor Code Section 2810)
I, the undersigned, an authorized representative of ________________ (insert name of Bidder) (“Bidder”) with authority to make the statements contained in this Declaration on behalf of Bidder, hereby declare the following:
1. The Bidder’s employer identification number for state tax purposes is ______________________ (insert identification number).
2. The Bidder’s workers’ compensation insurance policy number is ______________________ (insert policy number) and the name, address, and telephone number of the insurance carrier providing said insurance is:
__________________________________ (insert information requested).
3. The following information is provided concerning any and all vehicles that are owned by the Bidder and that will be used for transportation in connection with any service provided for the performance of the Work that is subject of the Bidder’s Bid to the District (insert information requested. Attach addition sheets, if needed):
Vehicle Vehicle ID
No.
Vehicle
Liability Insurance
Policy No.
(of Policy covering
vehicle)
Name, Address and
Telephone No. of Vehicle
Liability Insurance Carrier
(issuing Policy covering
vehicle)
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4. The following is the address of any real property that will be used to house workers in connection with the performance of the Work that is subject of the Bidder’s Bid to the District (insert information requested. If no such housing will be provided, enter “none”). ___________________________
5. The actual or estimated number of workers that will be employed to perform the Work of the Project that is the subject of the Bidder’s Bid, the total amount of wages to be paid to said workers, and the date on which said wages will be paid are as follows (attach additional sheets, if needed):
Total Number of Workers Total Amount of Wages
Dates for Payment of
Wages
6. Check only one of the following boxes, as applicable:
The statement of number of workers declared in Paragraph 5, above, is a statement of the actual number of workers that will be employed; or
The actual number of workers requested in Paragraph 5, above, is unknown and therefore the statement of number of workers declared therein is based on the Bidder’s best estimate available at the time of Bid, rather than the actual number of workers that will be employed.
7. Th
e actual or estimated total number of persons and entities who will be utilized as independent contractors to perform the Work of the Project that is the subject of the Bidder’s Bid (together with their known, current local, state, and federal contractor license identification numbers that each is required to have under local, state or federal laws or regulations are as follows (attach additional sheets, if needed):
List of Independent Contractors
Current, Local, State and Federal
Contractor License Identification
Number
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8. Check only one of the following boxes, as applicable:
The statem ent of number of independent contractors declared in Paragraph 7, above, is a statement of the actual number of independent contractors that will be utilized; or,
The actual n umber of independent contractors requested in Paragraph 7, above, is unknown and therefore the statement of number of independent contractors d eclared therein is based on the Bidder’s best estimate available at the time of Bid, rather than the actual number of independent contractors that will be utilized.
I,
the undersigned, declare under penalty of perjury that the foregoing statements are within my personal knowledge and are true and correct. Executed on this ______ day of ______________, in the year _________.
_____________________________________
Signature
_____________________________________
Print Name
BID PW24-002
SPC24-03 CA-41
PUBLIC WORKS DEPARTMENT OF THE CITY OF BELL
STREET IMPROVEMENTS ON VARIOUS STREETS
FY 2023-2024
GUARANTY
In accorda nce with the terms of the contract for the
in the City of Bell, Cali fornia
a pproved between
THE CITY OF BELL, a
public body, corporate and politic (“Agency”) and the undersigned, under which contract the undersigned shall complete work as described in the contract documents, the following guarantee of said work is hereby made.
Should any of t he items installed pursuant to said contract, prove defective or should the item as a whole prove defective, due to fa ulty workmanship, material furnished or methods of installation, or should the said item or any part thereof fail to operate properly, as planned, due to any of the above causes, all within one (1) year after date on which the work is accepted by the City Council, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within 10 days after the receipt of demand from the Agency. In the event rep airs are not made within 10 days, the Agenc y shall have the unqualified option to make an y n eeded repa irs or replacements itself or by any other Contractor. The undersigned agrees to reimburse the Agency, upon demand, of its expe nses incurred in restoring said items to the condition contemplated in said contract, including the cost of any equipment or materials replaced, or upon de mand by the Agency, to re place any such e quipment and repair said items completely without cost to t he Agency so that they will operate successfully as o riginally contemplated.
Emerg
ency repa irs must n ecessarily be made by t he Agenc y the Agency; therefore, when d efective material or workmanship results in em ergency repairs, the undersigned agrees to reimburse the Agency, upon demand, expenses incurred.
Said items will be d eemed def ective within the m eaning of this guaranty in the event that they fail to operate as originally intended thereof and in accordance with the plans and specifications included in said contract. The Faithful Performance Bond for this project shall remain in full force and ef fect for the e ntire guarantee pe riod as re quired in the specifications and contract documents.
Date
BID PW24-002
SPC24-03 CA-42
This page left intentionally blank.
BID PW24-002
SPC24-03 G-1
BID PW24-002
SPC24-03 G-2
AGENDA ITEM 5
01135.0001/800662.2
AMENDMENT NO. 2
TO COOPERATIVE PURCHASING
AGREEMENT BETWEEN THE CITY OF BELL AND
TANKO STREETLIGHTING, INC.
This AMENDMENT NO. 2 TO COOPERATIVE PURCHASING AGREEMENT (“Amendment”), by and between the CITY OF BELL (“City”) , a California charter cit y, and TANKO STREETLIGHTING, INC., a California corporation (“Consultant”), is effective as of the _____ day of July 2022. City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”
RECITALS
A. City and Consultant entered into that certain Cooperative Purchasing Agreement, dated August 12, 2020 (“Agreement”) whereby Consultant agreed to provide professional services to the City related to a project feasibility, streetlight acquisition, LED conver sion, and financing assistance for the City’s streetlight purchase program.
B. The maximum contract s um of the Agreement was One Hundred and Fifty Thousand Dollars ($150,000).
C. In Amendment No. 1 to the Agreement , dated November 10, 2021, the City and Consultant increased the sum of the Agreement by $38,608.75 and added holiday decoration installation services to the Agreement.
D. By this Amendment, the City and Consultant desire to increase the sum of the Agreement by $101,643.68 from $188,608.75 to $290.252.43.
TERMS
1. Contract Amendments. The Agreement is amended as provided herein. Added text is indicated in bold italics, deleted text is indicated in strikethrough.
a. Section 2.1, Contract Sum, is hereby amended to read:
“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 Two Hundred Ninety Thousand Two Hundred Fifty Two Dollars and Forty Three Cents ($290,252.43) One Hundred Eighty Eight Thousand Six Hundred Eight Dollars and Seventy -Five Cents ( $188,608.75) One Hundred and Fifty Thousand Dollars ($150,000) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.”
01135.0001/800662.2
b. Exhibit “C”, Schedule of Compensation, is hereby amended to add the following:
# Description Cost
1 Monthly Maintenance Costs (July 2022- August 2023) - 14 Months $25,875 2 Pending Pole Knockdown Repairs (EMD-311, 336, 354, 355, 360) $42,500 3 Contingency* (Cost of 6 Pole Response and Replacement) $69,000 Sub-Total ($137,375)
Budget Remaining in Contract $35,731.32
Total ($101,643.68)
2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the going of notice, or both, would constitute a mate rial default under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or t he giving of notice, or both, would constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
5. Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other Agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
01135.0001/800662.2
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first-above written.
CITY:
CITY OF BELL, a California charter city
_________________________________
Alicia Romero
Mayor
ATTEST:
__________________________________
Angela Bustamante
City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
__________________________________
David J. Aleshire
City Attorney CONSULTANT :
TANKO STREETLIGHTING, INC.
By: ___________________________
Name: Jason Tanko
Title: Chief Executive Officer
By: ___________________________
Name: Clare Bressani Tanko
Title: Secretary
Address: 220 Bayshore Blvd., San
Francisco, CA, California 94124
NOTE: 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.
01135.0001/800662.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are sub scribed 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) a cted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
01135.0001/800662.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are sub scribed 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) a cted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
AMENDMENT NO. 4
TO COOPERATIVE PURCHASING
AGREEMENT BETWEEN THE CITY OF BELL AND
TANKO STREETLIGHTING, INC.
This AMENDMENT NO. 4 TO COOPERATIVE PURCHASING AGREEMENT (“Amendment”), by and between the CITY OF BELL (“City”), a California charter city, and TANKO STREETLIGHTING, INC., a California corporation (“Consultant”), is effective as of the ____ day of July, 2024. City and Consultant may be referred to, individually or collectively, as “Party” or “Parties”.
RECITALS
A. City and Consultant entered into that certain Cooperative Purchasing Agreement, dated August 12, 2020 (“Agreement”) whereby Consultant agreed to provide professional services to the City related to a project feasibility, streetlight acquisition, LED conversion, maintenance, and financing assistance for the City’s streetlight purchase program.
B. The maximum contract sum of the Agreement was One Hundred and Fifty Thousand Dollars ($150,000) reflecting an estimated Fifty Thousand Dollars ($50,000) per year for a three (3) year term.
C. In Amendment No. 1 to the Agreement, dated November 10, 2021; the City and Consultant increased the sum of the Agreement by $38,608.75 and added holiday decoration installation services to the Agreement.
D. In Amendment No. 2 to the Agreement, dated July 27, 2022 ; the City and Consultant increased the sum of the Agreement by $101,643.68 to cover the costs of regular maintenance services and anticipated streetlight emergencies.
E. In Amendment No. 3 to the Agreement, dated July 26, 2023, the City and Consultant extended the ter m of the Agreement by an additional one (1) year, from August 13, 2023 to August 12, 2024; and increased the Contract Sum of the Agreement by $50,000.00 from $290,252.43 to $340,252.43 to account for the term extension.
F. By this Amendment No. 4, the City and Consultant now desire to extend the Term of the Agreement by an additional one (1) year, from August 12, 2024 to August 12, 2025; and increase Contract Sum of the Agreement by $ 178,000 from $340,252.43 to $518,252.43 to account for the additional streetlights in scope, knocked-down street light repairs/replacements, and term extension.
G. Except as amended hereby, this extension is subject to the same terms and conditions as provided in the Agreement.
TERMS
1. C
ontract Amendments. The Agreement is amended as provided herein. Added text is indicated in bold i talics, deleted text is indicated in strikethrough.
a. Section 2.1, Contract Sum, is hereby amended and shall now read as follows:
“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 Five Hundred Eighteen Thousand Two Hundred Fifty Two Dollars and Forty Three Cents ($518,252.43) Three Hundred Forty Thousand Two Hundred Fifty -Two Dollars and Forty -Three Cents ($340,252.43 ) ( the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.”
b.
Section 3.4, “Term,” is hereby amended and shall now read as follows:
“Unless earlier terminated in accordance with Article 7 of this Agreement, this a
greement shall continue in full force and effect until completion of the services but not exceeding three (3) years four (4) years (5) years 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 two (2) one (1) additional one-year terms.
c. Exhibit “A” Scope of Services, is hereby amended and shall now read as follows:
“I. Consultant will perform the following streetlight services for the 900 84 4 streetlights…”
d.
Exhibit “C”, Schedule of Compensation, is hereby amended to add the following:
# Description Cost
1 Monthly Maintenance Costs (August 20232024 – August 20242025) – 12 Months
$24,000
2 Knocked-Down Street Light Repairs/ Replacement $128,000 23 Contingency $26,000
Sub-Total ($50,000)
$178,000
e. Exhibit “C-1,” is hereby amended and shall now read as follows:
City of Bell, CA Maintenance Pricing (8/12/2023 – 8/12/24) (8/12/2024 – 8/12/2025) Units Cost
Tanko Oversight $ / Pole / Month Maintenance Program Per light Fixture $1.00 Ongoing Maintenance Work Not
Covered Under Maintenance
Warranty
Street Light MTN Worker Hourly Rate / Normal $165160.00 Foreman Hourly Rate / Normal $165160.00
Laborer Hourly Rate / Normal $125120.00
Ongoing Maintenance Work Not
Covered Under Maintenance
Warranty
Street Light MTN Worker Hourly Rate / After Hours $205200.00 Foreman Hourly Rate / After Hours $205200.00
Laborer Hourly Rate / After Hours $155150.00
Ongoing Maintenance Work Not
Covered Under Maintenance
Warranty
Street Light MTN Worker Hourly Rate / Holidays $265260.00 Foreman Hourly Rate / Holidays $265260.00
Laborer Hourly Rate / Holidays $185180.00
Labor rates only and do not include equipment – 3 hours minimum
2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.
3. Affirmation of Agreement; Warranty RE Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term o the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
5. Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering in to this Amendment does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first-above written.
CITY:
CITY OF BELL, a California charter city
Ali Saleh
Mayor
ATTEST:
Angela Bustamante
City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
David J. Aleshire
City Attorney
NOTE: 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.
CONSULTANT:
TANKO STREETLIGHTING, INC.
By:
Name: Jason Tanko
Title: Chief Executive Officer
By:
Name: Clare Bressani Tanko
Title: President/Secretary
AGENDA ITEM 6
BID PW24-003
CA-1
AGREEMENT
FOR PUBLIC WORKS SERVICES BETWEEN
THE CITY OF BELL AND KASA CONSTRUCTION, INC.
THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made and entered into this________ day of ______, 2024, by and between the City of Bell, a California charter city ("City") and , Kasa Construction , Inc . ("Contractor"). City and Contractor are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "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 s ervices 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 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:
ARTICLE 1. WORK OF CONTRACTOR
1.1 Scope of Work.
In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Work” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the work required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein.
Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good
BID PW24-003
CA-2
quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Bid Documents.
The Scope of Work shall include the Plans, Specifications, and Contract Documents for the p roject entitled PRITCHARD FIELD IMPROVEMENT PROJECT , including any documents or exhibits referenced therein (collectively, “bid documents”), all of which are inco rporated herein by this reference. In the event of any inconsistency between the terms of the bid documents and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Contractor shall keep itself informed concerning, and shall render all services h ereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Compliance with California Labor Law.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the wo rk 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 p rovisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under
BID PW24-003
CA-3
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. Contr actor shall be r esponsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall p rovide 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 s ection 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section
1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials
(i) Contractor’s R esponsibility for Sub contractors. 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 subc ontractor for work under this Agreement.
BID PW24-003
CA-4
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 ta ke corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by th is Agreement, and shall indemni fy, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
(a) By executing this Agreement, Contractor warrants that Contractor (i) h as thoroughly invest igated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.
(b) Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent conditions, materially different from those indicated; or (iii) unknown physical conditions at the site of any unusu al nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, and will materially affect the performance of the services hereunder.
(c) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order per Section 1.10 of this Agreement.
(d) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
BID PW24-003
CA-5
(e) City will compensate Contractor to the extent required by Government Code Section 4215 by issuing a change order per Section 1.10 of this Agreement.
1.7 Protection and Care of Work and Materials.
The Contractor shall adopt reasonable methods, including providing and maintaining stor age facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.
1.8 Warranty.
Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non- conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or wo rk of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require verifying that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the r emoval, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non- conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
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1.9 Further Responsibilities of Parties.
Both parties agree to use r easonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.10 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the s ervices, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council.
(c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Schedule of Compensation in Exhibit “C”.
If the rates in the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such wo rk shall not exceed an amount agreed upon in writing and signed by C ontractor and Contract O fficer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Chan ge Order completed, to the satisfaction of the City, as follows:
(i) Labor: the cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of su ch work shall not be permitted.
(ii) Materials and Equipment: the cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower.
(iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily r eport that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized
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services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day.
(d) It is expressly understood by Contractor that the provisions of this Section 1.10 shall not apply to services specifically set forth in the Scope of Work.
Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor.
City may in its sole and absolute discretion have similar work done by other contractors.
(e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.11 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B ” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Two Million Six Hundred Thirty Four Thousand Five Hundred Eighty Nine Dollars and Fifty Cents ($2,634,589.50) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services less the contract retention; (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the p erformance of sub tasks, (b) contract retention is maintained and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and on ly 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
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the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invo ice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Contractor shall not invoice City for any duplicate services performed by more than one person.
City shall, as soon as practicable, independently review each invoice submitted by the Contr actor to determine whether the work performed, and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contr actor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Contractor, extensions to
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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 unfo reseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, qu arantine restrictions, riots, strikes, freight embargoes, wars, l itigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay.
The Contract Officer shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Inspection and Final Acceptance.
City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within forty-five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively.
3.5 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the d ate h ereof, except as otherwise p rovided in the Schedule of Performance (Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
(Name) (Title)
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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. Th erefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive dir ection and control of the principals. For purposes of this Agreement, the Principals may not be r eplaced, nor may their responsibilities be substantially reduced by Contractor without the express w ritten approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees, or agents of City. Neither Contractor, nor any of Contractor’s officers, employees, or agents, shall obtain any rights to retirement, health care or any other b enefits which m ay otherwise accrue to City’s employees.
Contractor expressly waives any claim Contractor may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be John Oskoui, Interim Director of Public Works or such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Mana ger, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives, or agents, or in fixing their number, compensation or hours of service.
Contractor shall perform all services required herein as an independent contractor of
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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 Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any s uch unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
(a) Commercial General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be t wice the occurrence limit.
(b) Workers Compensation Insurance. A policy of workers compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Contractor against any los s, claim or d amage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile
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liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non- owned, leased, hired cars and any automobile.
(d) Professional Liability. Professional liability insurance appropriate to the Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Contractor’s services or the termination of this Agreement. During this additional 5- year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.
(e) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
(f) 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 be subject to all of the requirements stated herein.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Contractor’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insur ed does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insur ance binders evidencing the above insurance coverages and said Certificates of Insurance or binde rs are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.
All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following “cancellation” notice:
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CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATED
THEREOF, THE ISSUING COMPANY SHALL MAIL THIRTY
(30)-DAY ADVANCE WRITTEN NOTICE TO CERTIFICATE
HOLDER NAMED HEREIN.
[to be initialed]
Agent’s Initials
City, i ts respective elected and appointed o fficers, directors, o fficials, employees, agents and volunteers are to be covered as additional insureds as respects:
liability arising out of activities Contractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or any automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Contractor agrees that the r equirement to provide insurance shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor’s activities or the activities of any person or persons for which the Contractor is otherwise responsible nor shall it limit the Contractor’s indemnification liabilities as provided in Section 5.3.
In the event the Contractor subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Contractor and such subcontractor shall r equire the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.
5.3 Indemnification.
To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’
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reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to p erform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
In addition, Contractor agrees to indemni fy, defend and hold h armless the Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights, copyrights or trademark on any person or persons in consequence of the use by the Indemnified Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor is not the patentee or assignee or has not the lawful right to sell the same.
Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services and work hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design p rofessionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.
5.4 Notification of Third-Party Claims.
City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.
5.5 Performance and Labor Bonds.
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the following:
Concurrently with execution of this Agreement Contractor shall deliver to the City,
(a) A performance bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement.
(b) A labor and materials bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the payment of all persons fu rnishing labor and/or materials in connection with the work und er this Agreement.
Both the performance and labors bonds required under this Section 5.5 shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement and pays all labor and mat erials for work and s ervices und er this Agreement.
5.6 Sufficiency of Insurer or Surety.
Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances.
If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section
5.5 may be changed accordingly upon receipt of written notice from the Risk Manager.
5.7 Substitution of Securities.
Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any funds withheld to ensure performance under this Agreement may be permitted at the request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to an escrow agreement in a form prescribed by Public Contract Code Section 22300, request payment of retentions funds earned directly to the escrow agent at the sole expense of the Contractor.
5.8 Release of Securities.
City shall release the Pe rformance and Labor Bonds wh en the following have occurred:
(a) Contractor has made a written request for release and provided evidence of s atisfaction of all other requirements under Article 5 of this Agreement.
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(b) the Work has been accepted; and
(c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Labor
Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of p ayroll records in compliance with all applicable laws, or other documents relating to the disburs ements 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 accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing 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 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall r equire. 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 Contr actor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of s aid fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other mat erials (the
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“documents and mat erials”) 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 Contr act Officer or upon the termination of this Agreement, and Contractor shall have no claim for fu rther employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein.
All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, s uch documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) Information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorn ey, 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 h ave the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct.
(d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of d eposition, 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 Contr actor.
However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
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ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes.
(a) Default; Cure. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured.
In the alternative, the City may, in its sole discretion, elect to p ay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
(b) Dispute Resolution. This contract is subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000.
Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the Contractor, for the r esponse to such claims by the City, for a mandatory meet and confer conference upon the request of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an
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amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cu re, correct or remedy any default, to r ecover damages for any default, to comp el spe cific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in ord er to p ursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of One Thousand Dollars ($1,000.00) as liquidated damages for each calendar day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”), and per section 6-9 of the Special Provisions.
The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.
7.8 Termination Prior to Expiration of Term.
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This Section shall govern any t ermination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as t he Contractor m ay determine. Upon receipt of any notice of t ermination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Contractor.
If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and p rosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.10 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is p rosecuted to judgment.
7.11 Unfair Business Practices Claims.
In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall
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be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment of the Parties.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the in terests 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 Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, s ex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.
8.4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the p erformance of work and/or services covered by this A greement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall
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reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either p arty 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, CA 90201 and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Noti ce shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. All correspondence relating to this Agreement shall be serialized consecutively.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an or iginal, and s uch counterparts sh all constitute one and the s ame instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In t he event that a ny one or more of t he phrases, sentences, clauses, paragraphs, or s ections 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 ph rases, sentences, clauses, paragraphs, or sections of this Agreement which are h ereby declared as
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severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement.
Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Contractor’s Authorized Initials
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the h eirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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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.
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)
TITLE OR TYPE OF DOCUMENT
PARTNER(S) LIMITED
GENERAL
NUMBER OF PAGES
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR
ENTITY(IES))
SIGNER(S) OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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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.
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)
TITLE OR TYPE OF DOCUMENT
PARTNER(S) LIMITED
GENERAL
NUMBER OF PAGES
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
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EXHIBIT “A”
SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and requirements in the Plans, Specifications, and Contract Documents for the project entitled PRITCHARD FIELD IMPROVEMENT PROJECT IN THE CITY OF BELL including any documents or exhibits referenced therein.
II. Brief description of the work to be performed:
The project consists of construction of new park facility including installation of playground equipment with rubberized safety surfacing, outdoor fitness equipment, shade structures, prefabricated restroom/office building, picnic tables, benches, trash receptacles, park lighting, construction of AC pavement parking lot, construction of concrete and decomposed granite walkways, construction a detention basin, installation of pedestrian lights, installation of signage and striping, installation of an entry monument structure, installation of perimeter fence, and other incidental and appurtenant work necessary for the proper completion of the Project.
III. All work is subject to review and acceptance by the City and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.
IV. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition.
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
In accordance with Section 5.4, upon execution of this Agreement and prior to commencement of work, Contractor shall provide a performance bond securing Contractor’s faithful performance of this Agreement in the amount equal to or greater than the Contract Sum. In addition, prior to commencement of work, Contractor shall p rovide a payment bond in the amount of the Contract Sum securing payment for all persons furnishing labor and materials in connection with the work under this Agreement in a form acceptable to the City. If the Contract Sum is increased, Contractor shall increase the amounts of the performance bond and payment bond in the same or greater amount as the increase in the Contract Sum.
The following documents on pages CA-33 thru CA-41, inclusive, shall be required to be completed and executed by Contractor and are hereby made a part of this Agreement:
o Faithful Performance Bond
o Payment Bond
o Worker’s Compensation Insurance Certificate
o Declaration of Sufficiency of Funds
o Guaranty
o Final Closeout Agreement and Release of All Claims
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
Contractor shall perform all work at the rates on the Bid Sheet submitted as part of Contractor’s Proposal, and listed below:
II. A retention of five percent (5%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.
III. Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the Contract Officer, funds may be shifted from one item’s subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per Section 1.10.
IV. The City will compensate Contractor for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
V. The total compensation for the Services shall not exceed $2,634,589.50 per Section 2.1 of this Agreement.
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Contractor shall perform all work timely in accordance with the following schedule:
Days to Perform Deadline Date
A. Task A Provide construction schedule within 10 days from contract execution.
B. Task B Complete all work 160 working days from Notice to Proceed.
II. Contractor shall deliver the following tangible work products to the City by the following dates.
A. Construction Schedule
B. Complete all work per plans and specifications
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
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PRITCHARD FIELD IMPROVEMENT PROJECT
IN THE CITY OF BELL
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS that,
as Contractor, and Surety, are
held and firmly bound unto THE CITY OF BELL, a public body, corporate and politic (“Agency”) in the penal sum
of
dollars
($ ), which is one hundred percent (100%) of the total contract amount for the above
stated project, for the payment of which sums, Contractor and Surety agree to be bound, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas Contractor has been awarded and is about to enter into the annexed Agreement with Agency for the above stated project, if Contractor faithfully performs and fulfills all obligations under the Agreement (including but not l imited to the obligations of the Contract Documents incorporated therein) in the manner and time specified therein, then this obligation shall be null and void at the end of all warranty periods set forth in the Agreement, otherwise it shall remain in full force and effect in favor of Agency; provided that any alterations in the obligations or time for completion made pursuant to the terms of the Agreement shall not in any way release either Contractor or Surety, and notice of such alterations is hereby waived by Surety.
WITNESS our hands this day of , .
Subscribed and sworn to before me
this day of , . (Print Name of Contractor, Company or Corporation)
By: _
(Signature of Notary Public) (President)
By: _
(Secretary/Treasurer)
(SEAL) (SEAL)
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FAITHFUL PERFORMANCE BOND
Subscribed and sworn to before me
this day of , .
(Print Surety’s Name)
(Signature of Notary Public) (Surety’s Mailing Address)
By:
(SEAL) (Name)
(Title)
NOTE: SIGNATURES OF CORPORATE OFFICIALS AND SURETY MUST BE NOTARIZED, ATTACH JURAT.
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PRITCHARD FIELD IMPROVEMENT PROJECT
IN THE CITY OF BELL
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS that
as Contractor, and , as Surety, are held and firmly bound unto THE CITY OF BELL, a public body, corporate and politic (“Agency”) in the penal sum of
dollars ($ ), which is one hundred percent (100%) of the total contract amount for the
above stated project, for the payment of which sum, Contractor and Surety agree to be bound, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas Contractor has been awarded and is about to enter into the annexed Agreement with Agency for the above stated project, if Contractor or any subcontractor fails to pay for any labor or material of any kind used in the performance of the work to be done under said Agreement, or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, Surety will pay for the same in an amount not exceeding the sum set forth above, which amount shall insure to be the benefit of all persons entitled to file claims under the State Civil Code; provided that any alterations in the work to be don e, materials to be furnished, or time for completion made pursuant to the terms of the Agreement shall not in any way release either Contractor or Surety, and notice of said alterations is h ereby waived by Surety.
WITNESS our hands this day of , .
Subscribed and sworn to before me
this day of , . (Print Name of Contractor, Company or Corporation)
By: _
(Signature of Notary Public) (President)
By: _
(Secretary/Treasurer)
(SEAL) (SEAL)
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PAYMENT BOND
Subscribed and sworn to before me
this day of , .
(Print Surety’s Name)
(Signature of Notary Public) (Surety’s Mailing Address)
By:
(SEAL) (Name)
(Title)
NOTE: SIGNATURES OF CORPORATE OFFICIALS AND SURETY MUST BE NOTARIZED, ATTACH JURAT.
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WORKER’S COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code Amended by Stats. 1979, (C.373, p1343), each Contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to City of Bell prior to performing any work on the contract:
“I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker’s compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with su ch provisions before commencing the performance of work of this contract.”
________________________________
(Contractor)
By: ________________________________
(Print Name)
________________________________
(Signature)
________________________________
(Title)
________________________________
(Date)
Section 3700 of the State Labor Code reads in pertinent part as follows:
“Every employer except the state shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state.
(b) By securing from the Director of Industrial Relations a certificate of consent to self-insure either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.”
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DECLARATION OF SUFFICIENCY OF FUNDS
(California Labor Code Section 2810)
I, the undersigned, an authorized representative of ________________ (insert name of Bidder) (“Bidder”) with authority to make the statements contained in this Declaration on behalf of Bidder, hereby declare the following:
1. The Bidder’s employer identification number for state tax purposes is ______________________ (insert identification number).
2. The Bidder’s workers’ compensation insurance policy number is ______________________ (insert policy number) and the name, address, and telephone number of the insurance carrier providing said insurance is:
__________________________________ (insert information requested).
3. The following information is provided concerning any and all vehicles that are owned by the Bidder and that will be used for transportation in connection with any service provided for the performance of the Work that is subject of the Bidder’s Bid to the District (insert information requested. Attach addition sheets, if needed):
Vehicle Vehicle ID
No.
Vehicle
Liability Insurance
Policy No.
(of Policy covering
vehicle)
Name, Address and
Telephone No. of Vehicle
Liability Insurance Carrier
(issuing Policy covering
vehicle)
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4. The following is the address of any real property that will be used to house workers in connection with the performance of the Work that is subject of the Bidder’s Bid to the District (insert information requested. If no such housing will be provided, enter “none”). ___________________________
5. The actual or estimated number of workers that will be employed to perform the Work of the Project that is the subject of the Bidder’s Bid, the total amount of wages to be paid to said workers, and the date on which said wages will be paid are as follows (attach additional sheets, if needed):
Total Number of Workers Total Amount of Wages Dates for Payment of Wages
6. Check only one of the following boxes, as applicable:
The statement of number of workers declared in Paragraph 5, above, is a statement of the actual number of workers that will be employed; or
The actual number of workers requested in Paragraph 5, above, is unknown and therefore the statement of number of workers declared therein is based on the Bidder’s best estimate available at the time of Bid, rather than the actual number of workers that will be employed.
7. The actual or estimated total number of persons and entities who will be utilized as independent contractors to perform the Work of the Project that is the subject of the Bidder’s Bid (together with their known, current local, state, and federal contractor license identification numbers that each is required to have under local, state or federal laws or regulations are as follows (attach additional sheets, if needed):
List of Independent Contractors
Current, Local, State and Federal
Contractor License Identification
Number
BID PW24-003
CA-38
8. Check only one of the following boxes, as applicable:
The statement of number of independent contractors declared in Paragraph 7, above, is a statement of the actual number of independent contractors that will be utilized; or,
The actual number of independent contractors requested in Paragraph 7, above, is unknown and therefore the statement of number of independent contractors declared therein is based on the Bidder’s best estimate available at the time of Bid, rather than the actual number of independent contractors that will be utilized.
I, the undersigned, declare under penalty of perjury that the foregoing statements are within my personal knowledge and are true and correct. Executed on this ______ day of ______________, in the year _________.
_____________________________________
Signature
_____________________________________
Print Name
BID PW24-003
CA-39
PUBLIC WORKS DEPARTMENT OF THE CITY OF BELL
PRITCHARD FIELD IMPROVEMENT PROJECT
GUARANTY
In accordance with the terms of the contract for the
in the City of Bell, California
approved between
THE CITY OF BELL, a
public body, corporate and politic (“Agency”) and the undersigned, under which contract the undersigned shall complete work as described in the contract documents, the following guarantee of said work is hereby made.
Should any of the items installed pursuant to said contract, prove defective or should the item as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the said item or any part thereof fail to operate properly, as planned, due to any of the above causes, all within one (1) year after date on which the work is accepted by the City Council, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within 10 days after the receipt of demand from the Agency. In the event repairs are not made within 10 days, the Agency shall have the unqualified option to make any n eeded repairs or replacements itself or by any other Contractor. The undersigned agrees to reimburse the Agency, upon demand, of its expenses incurred in restoring said items to the condition contemplated in said contract, including the cost of any equipment or materials replaced, or upon d emand by the Agency, to replace any such equipment and repair said items completely without cost to the Agency so that they will operate successfully as originally contemplated.
Emergency repairs must necessarily be made by the Agency the Agency; therefore, when d efective material or workmanship results in emergency repairs, the undersigned agrees to reimburse the Agency, upon demand, expenses incurred.
Said items will be deemed defective within the meaning of this guaranty in the event that they fail to operate as originally intended thereof and in accordance with the plans and specifications included in said contract. The Faithful Performance Bond for this project shall remain in full force and effect for the entire guarantee period as required in the specifications and contract documents.
Date
BID PW24-003
CA-40
This page left intentionally blank.
72 96
48 highest deck
lowest deck
16 5648
56EXT.
56 EXT.
48 EXT.
8 18
8 LH
RH
SS
40 NO POST
48 16 24
8 30
20 10
10 RH
RH
32 40
48 48
EXT.
48 EXT.
32 EXT.
K.P.1
K.P.1
K.P.1
K.P.2
K.P.1
3'-6"
4'-31
2"
4'-4"
4'
6'
12'
8'6'
4'-11"
5'-1"
3'-81
2"
5'-2"
1'-1"
7'-11
2"
11'-10"8'-7"
19'-2"
12'-4"
6'-4"
19'-61
2"
6'
1'-21
2"
4'-1"
3'-10"
1'-7"
3'-11
2"
8'-71
2"
6'-41
2"
7'-101
2"
4'-41
2"
3'-5"
6'-91
2"
14'-81
2"
4'-101
2"
4'-11
2"
20'-51
2"
4'-111
2"
17'-31
2"
13'-01
2"
2'-51
2"
5'-51
2"
4'-51
2"
3'-71
2"
3'-11"
3'-9"
1'-2"1'-4"
2'-6"
7'-11"
8'-5"
12'-9"
13'-31
2"
23'-81
2"
8'-2"
4'-21
2"
6'-01
2"
4'-41
2"
3'-51
2"
5'-5"
4'-9"
4'-51
2"
10'-21
2"
3'-8"2'-111
2"
3'-21
2"
2'-7"
5'-01
2"
10'-10"
4'-81
2"
4'-4" 4'-8"
9'-31
2"
5'-4"
7'-91
2"
6'-11"
13'-11"
4'-111
2"
2'
8'
7'-2"
3'-91
2"
2'-5"
3'-21
2"
18'
TYP.
9'
TYP.
6'-7"
5'
5'
CONSTRUCTION PLAN
N:\Projects\23prj\23128 Pritchard Field Park\AutoCAD\RHA\CD\23128_CP.dwg - LAST PLOTTED ON Thu 02/15/24 - 10:29AM BY Erik
R E V I S I O N S
NUMBER INITIALSDATE APPV'D.
DESIGN BY : KM
CHECKED BY: RG
DRAWING FILE: XXXX
DRAWN BY : CI
DWG. NO.CITY OF BELL
DEPARTMENT OF PUBLIC WORKS - ENGINEERING DIVISION
Prepared by: Date:
Reviewed by:
Accepted by:
Development Reference:
XXXX Public Works Director / City Engineer, RCE
Date:
10/18/2023
City Approval:
Sheet of 42Project No. Drawing No.
John M. Thompson
XXX Public Works Director / City Engineer, RCE
SEAL COMPANY INFO
222 S. HARBOR BLVD.
8th floor
ANAHEIM, CA 92805
(714) 4490-5555
www.imegcorp.com
6840 INDIANA AVE
SUITE 100
RIVERSIDE, CALIFORNIA
92506
LIC.#2799
PH. (951) 781-1930
[email protected]
PRITCHARD FIELD PARK
0' 60'40'20'
D
A
D
E
ST
LIC
E
NS
FOTE R
OF ILAC
N
R
9 11/30/25
Renewal Date
Date
Signature
O
CSDN
S
GUO
AL
LA
RG
PA
O
E
NEV
72. 9
A
T
AI
CT
E
C
IH
11/28/23
2 CP-1
WALKER AVE.
(NOT A PART)
3 SO CAL WATER TANK
LIMIT OF WORK
LIMIT OF WORK
LIMIT OF WORK
LIMIT OF WORK
LIMIT OF WORK
23 43
21 3
6 21 28 21
6 21
3 26D
21 6
3 21
1 5B
19 23
1 23
1 21
13 12
42 5B
21 16
5B
31 21
26C
6 5A
24 5A
21 22
38 21FUTURE NON-PARK DEVELOPMENT
2 21
4B
4A
22 12
13 21 38
25 3
26E
11 11
13 13
13 13
15A
15A
15A
12 15A
15A
15A
P.A.
P.A.
P.A.
P.A.
P.A.
P.A.
P.A.
P.A. P.A.
P.A.
P.A.
P.A.
P.A.
P.A.
P.A.
P.A.
P.A.
P.A.
P.A.
P.A.
P.A.
P.A.
P.A.
P.A.
P.A.
P.A.
P.A.
P.A.
P.A.
PLAN CROSS REFERENCE:
FOR CORRESPONDING IRRIGATION PLANS, REFER TO SHEET IP-1 FOR CORRESPONDING PLANTING PLANS, REFER TO SHEET PP-1
28 P.A.
P.A.
3 28
29A
27 10
9 17
3 30
9 9
10 10
10 8
8 7
7 33
21 26A
18 20
33 35
34 34
33 1
24 43
43 P.A.
36 5B
33 CONSTRUCTION NOTES
1. QUANTITIES ARE GIVEN FOR ESTIMATING PURPOSES ONLY. CONTRACTOR WILL
BE RESPONSIBLE FOR INSTALLING MATERIAL IN ALL AREAS AS DESIGNATED ON PLAN
2. ALL PRODUCTS SHALL BE INSTALLED PER MANUFACTURE'S
RECOMMENDATION.
3. AUTOCAD FILES WILL BE PROVIDED TO CONTRACTOR PRIOR TO
CONSTRUCTION FOR USE IN SURVEYING OF DEMOLITION AND IMPROVEMENTS
4. ALL AREAS DAMAGED OUTSIDE OF THE LIMIT OF WORK DURING
CONSTRUCTION WILL BE REPAIRED BY THE CONTRACTOR, AT NO ADDITIONAL COST TO THE CITY.
ADJACENT NEIGHBORHOOD
36 32
33 29B
15B
39 12
16 16
16 16
P.A.
40 40
41 22
26B
43 TYP.
TYP.
43 TYP.
43 TYP.
43 TYP.
43 TYP.
EXISTING WALL. PROTECT IN PLACE.
EXISTING WALL. PROTECT IN PLACE.
EXISTING WALL. PROTECT IN PLACE.
5A
5A
5B
5B
5B
5B 43
5B
P.A.
P.A.
1 36
36 36
36 36
36 36
36 36
UNDER SEPARATE COVER
AGENDA ITEM NO. 7
7. Initiating the Proposition 218 Procedure for a Proposed Five-Year Solid Waste Services Rate Increase
R
ecommendation: It is recommended that the City Council:
1 . Authorize staff to initiate the Proposition 218 Process 2 . Send all City ratepayers a public notice of intent to adjust rates for solid waste services over a period of five (5) years based on a set schedule of rates (Attachment 1), and
3 . Set a Public Hearing with majority protest process on S
eptember 11, 2024, for the City Council’s final consideration of the proposed rate schedule and an attendant “Amended and R
estated Exclusive Franchise Agreement for Comprehensive Solid Waste Services” establishing new State-mandated
expansions upon the City’s refuse services.
Minutes of the Meeting of the
Bell City Council and Related Agencies
June 12, 2024
MINUTES OF THE 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 12, 2024
5:45 P.M. Closed Session
7:00 P.M. Regular Meeting
Location: Bell Community Center, 6250 Pine Avenue, Bell CA 90201
Mayor Saleh called the meeting to order at 5:50 p.m.
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
PRESENT: Councilmember Flores, Quintana, Romero, Vice-Mayor Arroyo and Mayor Saleh.
ABSENT: None
*Councilmember Romero arrived at
*Councilmember Quintana arrived at 6:05 p.m.
Staff Present: City Manager Michael L. Antwine, Assistant City Attorney Lona Laymon, Community Development Director Manuel Acosta, Finance Director Ricky Manbahal, and Assistant to the City Manager Javier Ochiqui.
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.
None.
Mayor Saleh recessed the meeting into closed session at 5:53 p.m.
Closed Session
MEETING WILL BE HELD IN-PERSON AT THE BELL COMMUNITY CENTER
PUBLIC COMMENT: If you wish to make a comment on items listed on the agenda, you may attend the meeting in- person at Bell Community Center. Please complete a Request to Speak Card available in the location and wait until the mayor call s 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 12, 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 AGENDA ITEM 9
Minutes of the Meeting of the
Bell City Council and Related Agencies
June 12, 2024
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: 6400 Atlantic 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)
Property: 7030 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: 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
d. Potential Initiation of litigation pursuant Government Code Section 54956.9(d)(4): One Case
e. 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)
f. 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)
g. 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
Reconvene Regular City Council Meeting
Mayor Saleh called the meeting to order at 7:18 p.m.
Roll Call of the City Council in their capacities as Councilmembers/Members of all Related Agencies: Arroyo, Flores, Romero, Saleh, and Quintana
PRESENT: Councilmember Flores, Romero, Quintana Vice-Mayor Arroyo and Mayor Saleh
ABSENT: None
Staff Present: City Manager Michael Antwine, Assistant City Attorney Lona Laymon, Deputy City Engineer Rey Alfonso, Interim Public Works Director Joh Oskoui, Interim Public Works Manager Jerry Hutchinson, Community Development Director Manuel Acosta, Economic Development
Minutes of the Meeting of the
Bell City Council and Related Agencies
June 12, 2024
Specialist Martin Rodriguez, Assistant to the City Manager Javier Ochiqui, Finance Director Ricky Manbahal, Community Services Director Janine Andrade, and Accounting Manager Sheetal Talwar.
Pledge of Allegiance was led by Mayor Saleh
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.
Assistant City Attorney Lona Laymon reported out the following: Items A -G) were discussed and no reportable action was taken.
Presentations and Recognitions
a. COG Executive Director Introduction – Hector De La Torre Executive Director Hector De La Torre introduced himself and introduced City Manager Michael L. Antwine ll as the new chair of the COG. Councilmember Quintana requested that the COG statistics be shared with the council.
b. Recognition of Retiree of Keith Shamp
This item was moved from the agenda.
c. Community Services Director/Department Award of Excellence Mayor Saleh read the award from CPRS. Community Services Director Janine Andrade presented council with a plaque to recognize their efforts. d. Proclamation declaring June 19, 2024 as Juneteenth Day Mayor Saleh read the proclamation.
e. Proclamation declaring June 2024 as National Flag Week Mayor Saleh read the proclamation.
f. Recognition of Bell High School Boys Baseball Team; Girls Softball Team; Girls Cheer Team; and Girl Wrestler
This item was moved to a future council meeting.
Councilmember Romero left the meeting at 7:27 p.m.
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. Jas, Kathy Tieg, Maria Del Carmen, Antonio Robles, Lamberto Perez, Edwin Gonzalez (email).
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.
Councilmember Quintana made a comment.
Vice-Mayor Arroyo made a comment.
Mayor Saleh made a comment.
Minutes of the Meeting of the
Bell City Council and Related Agencies
June 12, 2024
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.
City Manager Michale L. Antwine had nothing to report.
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. Consideration of approval of Planning Commission finding that the CEMEX Aggregate Transloading Facility Located at 5091 Rickenbacker Road in the Bell Business Center is a use customarily conducted in the open. (City Council)
Recommendation: It is recommended that the City Council:
1. Receive the staff report and receive public input: and
2. Read by title only, waive further reading and adopt Resolution 2024-24 titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
APPROVING PLANNING COMMISSION’S RECOMMENDATION
REGARDING FINDING AN AGGREGATE TRANSLOADING
FACILITY TO BE A USE CUSTOMARILY CONDUCTED IN THE OPEN
Assistant City Attorney Lona Laymon recommended that this item be continued to the Wednesday, July 24, 2024 Regular City Council Meeting.
Mayor Saleh opened the public hearing.
Public Speakers
None
Mayor Saleh continued the public hearing to the Wednesday, July 24, 2024 Regular City Council Meeting.
2. Proposition 218 Public Hearing Adopting Changes to Sewer Rates. (City Council)
Recommendation: It is recommended that the City Council:
1. Conduct a public hearing pursuant to Section 6(a)(2) of Article D of the California Constitution regarding the proposed changes to the sewer rates.
2. During the Public Hearing, consider all protests against the proposed changes to the sewer rates
3. Close the Public Hearing
4. If written protests against the proposed sewer rates are presented by a majority owners of the affected parcels of real property, comply with said Article XIII D by resolving to not impose changes to the sewer rates; and
Minutes of the Meeting of the
Bell City Council and Related Agencies
June 12, 2024
5. If written protests against the proposed sewer rates are presented by less than a majority owners of the affected parcels of real property, take the following actions:
6. Read by title only, waive further reading and adopt Resolution 2024-25 titled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL ADOPTING SEWER RATES.”
7. Introduce Ordinance 1290, waive further reading, and read by title only:
“AN ORDINANCE OF THE CITY OF BELL ADOPTING SEWER RATES
BEGINNING JULY 1, 2024”
Interim Public Works Director John Oskoui introduced the item.
Chris Fisher, consultant from Willdan Financial provided a Powerpoint presentation.
City Manager Michael L. Antwine ll provided additional information.
Discussion ensued amongst the staff and council.
Mayor Saleh opened the public hearing.
Public Speakers
Lamberto Perez
Sam Menn
Erik Pastora
Betty Marquez
Member of public
Ziquiel Mares Moreno
Francisco Arenas
Jas
Mayor Saleh closed the public hearing.
City Clerk Angela Bustamante stated that the city received a total of 9 written protests and that there was an absence of majority protest.
Item failed due to lack of motion.
Business Session
3. Consideration to Cancel Four Regular Scheduled Council Meetings. (City Council)
Recommendation: It is recommended that the City Council cancel the July 10, 2024, August 14, 2024, November 27, 2024, and December 25, 2024, City Council meetings.
City Manager Michael L. Antwine II provided a report on the item.
It was moved by Councilmember Quintana to approve agenda item no. 3 , as recommended.
Motion was seconded by Councilmember Flores which carried with the following roll call vote:
Minutes of the Meeting of the
Bell City Council and Related Agencies
June 12, 2024
Roll Call: 4-0-0-1
AYES: Councilmembers Flores, Quintana, Vice-Mayor Arroyo, and Mayor Saleh.
NOES: None
ABSTAIN: None
ABSENT: Councilmember Romero
Motion Passed.
4. Request to Set a Public Hearing on July 24, 2024, at 6:30 p.m. to Consider the Creation of Liens/Special Assessment to Collect Delinquent Rubbish Fees. (City Council)
Recommendation It is recommended that the City Council schedule a Public Hearing on Wednesday, July 24, 2024, at 6:30 p.m. to consider the recording of liens to collect the delinquent rubbish fees against the properties listed on the final report of delinquent accounts.
Assistant to the City Manager Javier Ochiqui provided a report on the item.
It was moved by Councilmember Quintana to approve agenda item no. 4 , as recommended.
Motion was seconded by Councilmember Flores which carried with the following roll call vote:
Roll Call: 4-0-0-1
AYES: Councilmembers Flores, Quintana, Vice-Mayor Arroyo, and Mayor Saleh.
NOES: None
ABSTAIN: None
ABSENT: Councilmember Romero
Motion Passed.
5. Consideration of a New Agreement with California Consulting, LLC for Grant Administration Services. (City Council)
Recommendation: It is recommended that the City Council approve a New Agreement with California Consulting, LLC for two (2) years from July 1, 2024, to June 30, 2026.
Assistant to the City Manager Javier Ochiqui provided a report on the item.
It was moved by Councilmember Quintana to approve agenda item no. 5 , as recommended.
Motion was seconded by Councilmember Flores which carried with the following roll call vote:
Roll Call: 4-0-0-1
AYES: Councilmembers Flores, Quintana, Vice-Mayor Arroyo, and Mayor Saleh.
NOES: None
ABSTAIN: None
ABSENT: Councilmember Romero
Motion Passed.
6. Approval of Amendment No. 6 to the Agreement with Willdan Engineering for Professional Engineering Services
Minutes of the Meeting of the
Bell City Council and Related Agencies
June 12, 2024
Recommendation: It is recommended that the City Council approve Amendment No. 6 to the Agreement for Professional Engineering Services between the City of Bell and Willdan Engineering with following key terms:
1. Extend the term of the Agreement to June 30, 2025, with an option to renew for an additional one-year to June 30, 2026; and
2. Maintain hourly rates at the July 1, 2020 level.
City Manager Michael L. Antwine II provided a report on the item.
Brief discussion ensued amongst the staff and council.
It was moved by Councilmember Quintana to approve agenda item no. 6 , as recommended.
Motion was seconded by Vice-Mayor Arroyo which carried with the following roll call vote:
Roll Call: 4-0-0-1
AYES: Councilmembers Flores, Quintana, Vice-Mayor Arroyo, and Mayor Saleh.
NOES: None
ABSTAIN: None
ABSENT: Councilmember Romero
Motion Passed.
7. Consideration to Approve Amendment No. 1 to the Public Works Agreement between the City of Bell and Crosstown Electrical & Data, Inc. for Traffic Signal Systems and Safety Lighting Maintenance Services. (City Council)
Recommendation: It is recommended that the City Council approve Amendment No. 1 to the Public Works Agreement between the City of Bell and Crosstown Electrical & Data Inc. (“Crosstown”) for Traffic Signal Systems and Safety Lighting Maintenance Services.
Interim Public Works Director John Oskoui provided a report on the item.
Councilmember Quintana requested that every contract that needs approval come before the council.
City Manager Michael L Antwine ll provided additional information.
It was moved by Councilmember Quintana to approve agenda item no. 7 , as recommended.
Motion was seconded by Councilmember Flores which carried with the following roll call vote:
Roll Call: 4-0-0-1
AYES: Councilmembers Flores, Quintana, Vice-Mayor Arroyo, and Mayor Saleh.
NOES: None
ABSTAIN: None
ABSENT: Councilmember Romero
Motion Passed
8. Atlantic Avenue Specific Plan – Extension and Budget Increase of an Agreement with The Arroyo Group (City Council)
Minutes of the Meeting of the
Bell City Council and Related Agencies
June 12, 2024
Recommendation: The City Council is recommended to extend the contract agreement with The Arroyo Group for an additional year and increase the contract amount by $49,000 for added services beyond the original contract amount of $269,730 to a new contract amount of $318,730. These additional services aim to help prepare the Atlantic Avenue Specific Plan (AASP) and the associated environmental documentation.
9. Cheli Specific Plan– Extension Agreement of The Arroyo Group
Recommendation: It is recommended that the City Council extend the contract with The Arroyo Group for the Specific Plan for the Cheli Area for an additional year (12 months) without increasing the contract amount.
Item No. 8 and 9 were presented and voted on together.
Community Development Director Manuel Acosta introduced the items.
Economic Development Specialist Martin Rodriguez provided a report on the items.
In regards to Item 8 Councilmember Quintana requested that the funding source for the $25,000 be changed from the general fund to the ARPA fund.
City Manager Michael L. Antwine II recommended incorporating this new scope of work including the $49,000 but to direct staff not to spend the $25,000 from the general fund and to come back with a subsequent item for budget amendment to reallocate the $25,000 from the general fund to ARPA funds.
It was moved by Councilmember Quintana to approve agenda item no. 8-9, with City Manager’s revisions. Motion was seconded by Vice-Mayor Arroyo which carried with the following roll call vote:
Roll Call: 4-0-0-1
AYES: Councilmembers Flores, Quintana, Vice-Mayor Arroyo, and Mayor Saleh.
NOES: None
ABSTAIN: None
ABSENT: Councilmember Romero
Motion Passed
10. Approval Of The Kaboom! Community Partner Agreement for Treder Park Playspace Grant Award
Recommendation: It is recommended that the City Council approve the Community Partner Agreement between KABOOM! and the City of Bell Treder Park Playspace.
Community Service Director Janine Andrade provided a report on the item.
It was moved by Councilmember Quintana to approve agenda item no. 10, as recommended.
Motion was seconded by Councilmember Flores which carried with the following roll call vote:
Roll Call: 4-0-0-1
AYES: Councilmembers Flores, Quintana, Vice-Mayor Arroyo, and Mayor Saleh.
Minutes of the Meeting of the
Bell City Council and Related Agencies
June 12, 2024
NOES: None
ABSTAIN: None
ABSENT: Councilmember Romero
Motion Passed.
11. Appointments to the Community Services Commission and Planning Commission Group. (City Council)
Recommendation: The staff is recommending the City Council:
1. Councilmember Flores, Vice- Mayor Arroyo and Mayor Saleh each nominate a member to the Planning Commission and Community Services Commission; and
2. Read by title only, waive further reading and adopt Resolution 2024-26 titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
APPROVING THE APPOINTMENTS TO THE PLANNING
COMMISSION AND COMMUNITY SERVICES COMMISSION
City Clerk Angela Bustamante provided a report on the item.
Vice-Mayor Arroyo appointed Rihan Bedier to the planning commission.
Councilmember Flores appointed Luis Mesa to the planning commission.
Mayor Saleh appointed Rodrigo Rodarte to the planning commission.
Vice-Mayor Arroyo appointed Robert Gomez to the community service commission
Councilmember Flores appointed Zeinab Ferdous to the community service commission.
Mayor Saleh appointed Daisy Castillo- Aldama community service commission.
It was moved by Councilmember Quintana to approve agenda item no. 11, as recommended.
Motion was seconded by Councilmember Flores which carried with the following roll call vote:
Roll Call: 4-0-0-1
AYES: Councilmembers Flores, Quintana, Vice-Mayor Arroyo, and Mayor Saleh.
NOES: None
ABSTAIN: None
ABSENT: Councilmember Romero
Motion Passed
12. Review and Discussion of Fiscal Year 24/25 Budget. (City Council)
Recommendation: It is recommended that the City Council receive and file.
City Manager Michael L. Antwine ll provided a Powerpoint presentation.
Community Service Director Janine Andrade provided additional information.
Minutes of the Meeting of the
Bell City Council and Related Agencies
June 12, 2024
Chief of Police Carlos Islas provided additional information.
Discussion ensued amongst the staff and the council.
In regard to the Community Service’s soccer p rogram funding, Council requested staff choo se the option that charges f ull price to non-residents at $612 and a $10 increase for residents.
Councilmember Quintana requested to increase participation to 600 participants.
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 13-18.
It was moved Vice Mayor Arroyo to approve agenda items 13 through 18 (Except for items no. 13,15 and 17. Councilmember Quintana pulled 13, 15, and 17) . Motion was seconded by Councilmember Flores which carried with the following voice vote:
Roll Call: 4-0-0-1
AYES: Councilmembers Flores, Quintana, Vice-Mayor Arroyo and Mayor Saleh NOES: None
ABSTAIN: None
ABSENT: Councilmember Romero
Motion Passed.
13. It is recommended that the City Council read by title only, waive further reading and adopt Resolution No. 2024-27 titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL APPROVING A FY 23/24 BUDGET AMENDMENT IN THE AMOUNT OF $14,300 FROM THE CITY’S GENERAL FUND TO THE CITY CLERK’S PROFESSIONAL SERVICES
BUDGET FOR THE PURPOSE TO PAY OUTSTANDING INVOICES
City Clerk Angela Bustamante provided information on the item.
Assistant City Attorney Lona Laymon read the title of the resolution.
It was moved by Councilmember Quintana to approve agenda item no. 13, as recommended.
Motion was seconded by Vice-Mayor Arroyo which carried with the following roll call vote:
Roll Call: 4-0-0-1
AYES: Councilmembers Flores, Quintana, Vice-Mayor Arroyo, and Mayor Saleh.
NOES: None
ABSTAIN: None
ABSENT: Romero
Motion Passed
Minutes of the Meeting of the
Bell City Council and Related Agencies
June 12, 2024
14. Consideration for Approval of Fiscal Year 2024-2025 Holiday Schedule and City Hall Closure
Recommendation: It is recommended that the City Council approve the Holiday Schedule and Holiday Closure for Fiscal Year 2024-2025.
15. Resolution Approving and Adopting Revised Salary Range and Rescinding Resolution No. 2024-01
Recommendation: It is recommended that the City Council read by title only, waiver further reading and adopt Resolution 2024-28 titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL, IDENTIFYING
EMPLOYEE CLASSIFICATIONS, COMPENSATION LEVELS, AND SALARY RANGES, AND RESCINDING RESOLUTION NO. 2024-01
City Manager Michael L. Antwine provided information on the item.
Assistant City Attorney Lona Laymon read the title of the resolution.
It was moved by Councilmember Quintana to approve agenda item no. 15, as recommended.
Motion was seconded by Vice-Mayor Arroyo which carried with the following roll call vote:
Roll Call: 4-0-0-1
AYES: Councilmembers Flores, Quintana, Vice-Mayor Arroyo, and Mayor Saleh.
NOES: None
ABSTAIN: None
ABSENT: Romero
Motion Passed
16. Receive and File the City of Bell & Bell Successor Agency Investment Reports as of April 2024. (City Council/Successor Agency)
17. General Warrants, Successor Agency to the Bell Community Redevelopment Agency and Community Housing Authority Warrants of June 12, 2024. (Council/Successor Agency to the Bell Community Redevelopment Agency/Bell Community Housing Authority).
City Manager Michael L. Antwine ll provided a report on the item. He stated there were two additional items added to the warrant report.
City Clerk Angela Bustamante read the warrant request.
It was moved by Councilmember Quintana to approve agenda item no. 17, as recommended.
Motion was seconded by Councilmember Flores which carried with the following roll call vote:
Roll Call: 4-0-0-1
AYES: Councilmembers Flores, Quintana, Vice-Mayor Arroyo, and Mayor Saleh.
NOES: None
ABSTAIN: None
ABSENT: Romero
Minutes of the Meeting of the
Bell City Council and Related Agencies
June 12, 2024
Motion Passed
18. Minutes for the Regular City Council Meetings of May 22, 2024 . (City Council/Successor Agency to the Bell Community Redevelopment Agency)
Pending Items – None
Next Regular Meeting, Wednesday, June 26, 2024
Mayor Saleh adjourned the meeting at 10:52 p.m.
I, Angela Bustamante, City Clerk of the City of Bell, certify that the foregoing minutes were approved by the City Council of the City of Bell at a regular meeting held on July 24, 2024.
________________________________
Angela Bustamante, City Clerk
Ali Saleh, Mayor