Bell City Council
December 10, 2025

Agenda

Regular Meeting of the

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

Wednesday, December 10, 2025

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

BELL COMMUNITY CENTER
6250 PINE AVENUE, BELL CA 90201

Ali Saleh
Mayor

Monica Arroyo Francis Flores
Vice-Mayor Council Member

Ana Maria Quintana Alicia Romero Council Member Council Member

Welcome to the City Council Meeting

The Bell City Council and staff welcome you. This is your City Government.

Individual participation is a basic part of American Democracy and all Bell residents are encouraged to attend meetings of the City Council. Regular City Council meetings are held the second and fourth Wednesday of the m onth at 7:00 p.m., Bell Community Center, 6250 Pine Avenue. For more information, you may call City Hall during regular business hours 8:00 a.m. to 4:00 p.m., Monday through Friday at (323) 588-6211 Extension 2615.

City Council Organization

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

Addressing the City Council

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

Compliance with Americans with Disabilities Act

The City of Bell, in complying with the Americans with Disabilities Act (ADA), request individuals who require special accommodation(s) to access, attend, and or participate in a City meeting due to disability. Please contact the City Clerk’s Office, (323) 588-6211, Ext. 2615, at least one business day prior to the scheduled meeting to ensure that we may assist you.

Statement Regarding Compensation for Membe
rs of the Bell City Council

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

Meeting of the Bell City Council and Related Agencies
December 10, 2025

REGULAR JOINT MEETING OF THE

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

December 10, 2025

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

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

Call to Order

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

Communications from the Public on Closed Session Items

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

Closed Session

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

a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
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

b. 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

c. Anticipated Initiation of Litigation pursuant to Government Code Section 54956.9 (d)(3) regarding significant exposure to litigation in two cases.

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

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

You may also 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, December 10, 2025.

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

The meeting will be recorded and live streamed on the City’s website at http://www.cityofbell.org/?NavID=101

Meeting of the Bell City Council and Related Agencies
December 10, 2025

d. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Property: 6400 Atlantic Avenue, Bell CA 90201
Agency negotiators: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Negotiating parties: To be Determined

e. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Property: 5246/5162 Florence Avenue, Bell CA 90201(Florence Village Mobile Home Park) Agency negotiators: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Negotiating parties: To be Determined

f. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Property: 4874 Gage Avenue, Bell CA 90201 (Bell Mobile Home Park) Agency negotiators: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Negotiating parties: To be Determined

g. Employee Evaluation Pursuant to Government Code Section 54957(b)(1). Title: City Attorney

h. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Property: 5241 Florence Avenue, Bell CA 90201
Agency negotiators: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Negotiating parties: To be Determined

i. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Property: 6502-6506 Flora 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

Call to Order

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

Pledge of Allegiance

City Attorney Report

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

Presentations and Recognitions

a. Citizen of the Month

Meeting of the Bell City Council and Related Agencies
December 10, 2025
b. Swearing-In Ceremony for Newly Hired Police Officers Braulio Ortiz and Felipe Reyes
c. Recycling All Star Awards Presented by Republic Services

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 non-agenda items that are under the subject matter jurisdiction of City Council and/or its related authorities and agencies. (Each speaker is limited to three minutes)

Mayor and City Council Communications

Pursuant to Assembly Bill 1234, this is the time and place to provide a brief report on meetings, seminars and conferences attended by the Mayor and City Councilmembers.

City Manager Report

In this portion of the agenda, the City Manager will provide a brief report on items of interest to the City Council and/or the community.

Business Session

1. Update on Holiday Village Grant Application Efforts - Port of Long Beach Community Grants Program. (Council)

Recommendation: It is recommended that the City Council receive and file this report.

2. Acceptance of a Metro Open Street Grant Cycle 6 & 7. (City Council)

Recommendation: It is recommended that the City Council read by title only, waive further reading, and adopt Resolution 2025-67 titled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BELL ACCEPTING THE OPEN STREETS METRO GRANT
FOR THE 2026 OPEN STREETS EVENT IN COLLABORATION

WITH THE CITY OF MAYWOOD

3. Appointment of Retired Annuitant Neal Thomas Mongan as Police Captain pursuant to Government Code Section 21221(h) and adoption of a resolution approving said appointment. (City Council)

Recommendation: It is recommended that the City Council read by title only, waive further reading, and adopt Resolution 2025-68 titled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BELL, CALIFORNIA, APPROVING THE APPOINTMENT OF

RETIRED ANNUITANT NEAL THOMAS MONGAN AS

POLICE CAPTAIN PURSUANT TO GOVERNMENT CODE
SECTION 21221(h).

Meeting of the Bell City Council and Related Agencies
December 10, 2025

4. Approval of a 15% Salary Increase for the Community Development Director Based on Comparable Agencies. (City Council)

Recommendation: It is recommended that the City Council read by title only, waive further reading, and adopt Resolution 2025-69 titled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BELL, APPROVING A 15% SALARY ADJUSTMENT TO THE

COMMUNITY DEVELOPMENT DIRECTOR CLASSIFICATION

5. Consideration To Approve a Public Works Agreement between the City of Bell and Crosstown Electrical and Data, Incorporated, for Traffic Signal Maintenance and Repair Services . (City Council)

Recommendation: It is recommended that the City Council approve a Public Works Agreement between the City of Bell and Crosstown Electrical and Data, Inc. for Traffic Signal Maintenance and Repair Services in an amount not to exceed $36,482.00 annually for a term of three (3) years with the option to extend it by 2 additional one-year terms.

6. Consideration to Approve Amendment No. 3 with Community Service Group (CSG) . (City Council)

Recommendation: It is recommended that the City Council approve contract amendment No. 3 with the Community Service Group (CSG) for on- call planning and special project management services for city -owned and privately owned projects, increasing the contract amount by $90,000 and extending the contract by one year.

7. Consideration to Approve a New Agreement with MGR Property Management for two (2) years, with one (1) optional one-year extension to provide Property Management Services for all Bell Community Housing Authority (BCHA) properties. (Bell Community Housing Authority)

Recommendation: It is recommended that the Chair and Members of the Board approve a New Agreement with MGR Property Management, Inc. for Property Management Services for two (2) years, with one (1) optional one-year extension.

8. Consideration to approve Amendment No. 3 with Duke Studio, Inc. to increase the budget by an additional $150,000 for Mobile Home Parks and Housing Unit Maintenance Services. (Bell Community Housing Authority)

Recommendation: It is recommended that the Chair and Members of the Board approve Amendment No. 3 with Duke Studio, Inc. and read by title only, waive further reading, and adopt Resolution No. 2025-70 titled:

“A RESOLUTION OF THE BELL COMMUNITY HOUSING
AUTHORITY AUTHORIZING FY 2025 -26 BUDGET
AMENDMENT TO TRANSFER $150,000 FROM THE BELL

COMMUNITY HOUSING AUTHORITY (BCHA) FUND BALANCE

RESERVE TO THE BCHA ACCOUNT FOR MISC REPAIRS AND

EMERGENCY REPAIRS FOR ADDITIONAL MOBILE HOME
PARKS AND HOUSING UNIT MAINTENANCE SERVICES”

Meeting of the Bell City Council and Related Agencies
December 10, 2025
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 9 through 13.

9. It is recommended that the City Council read by title only, waive further reading and adopt Ordinance No. 1296:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELL,
AMENDING BELL MUNICIPAL CODE CHAPTER 6.04 (COUNTY

ANIMAL CONTROL ORDINANCE)

10. Receive and file the Donation Report for the Month of October 2025. (City Council)

11. Approve the Minutes for the Regular City Council Meeting of October 22, 2025, and the Special City Council meeting held on November 12, 2025. (City Council)

12. General Warrants, Successor Agency to the Bell Community Redevelopment Agency and Community Housing Authority Warrants of December 10 , 2025. (Council/Successor Agency to the Bell Community Redevelopment Agency/Bell Community Housing Authority).

13. It is recommended that the City Council set a Public Hearing Date for January 28, 2026 at 7:00 pm to consider the appropriation of the Fiscal Year 2026-2027 Community Development Block Grant Program.(City Council)

Pending Items – None

Next Regular Meeting Cancelled Wednesday, January 14, 2026

I, Angela Bustamante, City Clerk of the City of Bell, certify that a true, accurate copy of the foregoing agenda was posted December 5 , 2025 at least seventy-two (72) hours prior to the meeting as required by law.

__________________________
Angela Bustamante, City Clerk

REGULAR MEETING OF THE

BELL CITY COUNCIL AND RELATED AGENCIES

December 10, 2025

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

INDEX

Agenda Category Item Number Page Numbers

CLOSED SESSION a – i

AGENDA & INDEX 1-9

PUBLIC HEARINGS None

BUSINESS SESSION 1 9
2 10-25
3 26-30
4 31-45
5 46-173
6 174-245
7 246-281
8 282-346

CONSENT CALENDAR 9 347-351
10 352-353
11 354-364
12 365-454
13 455-458

P R O F E S S I O N A L S T A N D A R D S

P O L I C Y & O V E R S I G H T

T R A I N I N G & E D U C A T I O N

A D M I N I S T R A T I V E P R O J E C T S

R E C R U I T M E N T

CHIEF OF POLICE
Organizational Chart

CAPTAIN

LIEUTENANT

LIEUTENANT

FIELD OPERATIONS INVESTIGATIVE/ADMINISTRATIVE OPERATIONS

P A T R O L D I V I S I O N

J A I L D I V I S I O N

T R A F F I C S E C T I O N ( M O T O R S )

C O M M U N I T Y P A R T N E R S H I P S

D R O N E U N I T

E X P L O R E R S

C A D E T S

D E T E C T I V E B U R E A U

P R O P E R T Y D I V I S I O N

R E C O R D S D I V I S I O N

C O N T R A C T C O O R D I N A T I O N S E C T I O N

T A S K F O R C E S E C T I O N

C C W U N I T

D I S P A T C H O P E R A T I O N S

ATTACHMENT 1
01135.0006 2068693.2 CA-1

CONTRACT SERVICES AGREEMENT

By and Between

CITY OF BELL

and

CROSSTOWN ELECTRICAL & DATA, INC.

ATTACHMENT 1
01135.0006 2068693.2 CA-2

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF BELL AND
CROSSTOWN ELECTRICAL & DATA, INC.

THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this 10th day of December 2025 by and between the City of Bell, a California charter city (“City”) , and Crosstown Electrical & Data , Inc., a California corporation (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “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. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.

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

D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

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

ATTACHMENT 1
01135.0006 2068693.2 CA-3
will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class contractors performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

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

1.3 Compliance with Law.

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

1.4 Licenses, Permits, Fees and Assessments.

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

1.5 Familiarity with Work.

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

1.6 Care of Work.

The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or

ATTACHMENT 1
01135.0006 2068693.2 CA-4
damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

1.7 Further Responsibilities of Parties.

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

1.8 Additional Services.

City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work.

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

1.9 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 Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including

ATTACHMENT 1
01135.0006 2068693.2 CA-5
reimbursement for actual expenses, shall not exceed ONE HUNDRED NINE THOUSAND FOUR HUNDRED FORTY SIX DOLLARS ($109,446.00) (the “Contract Sum”), with an annual not-to-exceed amount of THIRTY SIX THOUSAND FOUR HUNDRED EIGHTY TWO DOLLARS ($36,482.00) unless additional compensation is approved pursuant to Section 1.8.

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 contract retention; (iii) payment for time and materials based upon the Co nsultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

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

2.4 Invoices.

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

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section

7.3, City will use its best efforts to cause Consultant to be paid within forty -five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant

ATTACHMENT 1
01135.0006 2068693.2 CA-6
for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

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

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.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

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

3.4 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 three (3) 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) additional one-year terms.

ATTACHMENT 1
01135.0006 2068693.2 CA-7
ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

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

(Name) (Title)

(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under th is Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Consultant.

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

Consultant expressly waives any claim Consultant may have to any such rights.

4.3 Contract Officer.

The Contract Officer shall be the City’s Public Works Manager or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to David P. Heermance President
Benjamin Heermance Chief Financial Officer

ATTACHMENT 1
01135.0006 2068693.2 CA-8
assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City re quired hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service.

Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employe es of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement.

Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and, in a form, satisfactory to City.

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(a) General liability insurance . Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $5,000,000 per occurrence, $10,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $5,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $2,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retr oactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than five (5) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance . Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants.

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(c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbr ella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. (d) City’s rights of enforcement . In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers . All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned poli cyholders’ Rating of A - (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (f) Waiver of subrogation . All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (g) Enforcement of contract provisions (non -estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non -compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (h) Requirements not limiting . Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation . Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation

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(except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations . None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
(l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause . Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Cons ultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, al l agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additiona l cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. (o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

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5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, contractor or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, co venant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall no t be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions o f this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assig ns of Consultant and shall survive termination of this Agreement.

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ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accou nting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

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

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific

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written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use.

Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made f or hire” for the City.

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

However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

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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 Consultant covenants and agrees to submit to the personal jurisdiction of such court in the even t 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; Default.

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

7.3 Retention of Funds.

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

7.4 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.

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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 C onsultant 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 exercis e by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.6 Legal Action.

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

7.7 Termination Prior to Expiration of Term.

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

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

7.8 Termination for Default of Consultant.

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

7.9 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 investigati ng such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

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 Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Consultant covenants that neither it, nor any officer or principal of its contractor, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consen t of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any

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decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

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

8.4 Unauthorized Aliens.

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

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

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

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.

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9.3 Counterparts.

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

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council.

The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

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

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial inte rest 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 v iolation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or conse quence of obtaining or being awarded any agreement.

Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s),

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omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials _______

9.7 Corporate Authority.

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

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

CITY:

CITY OF BELL, a charter city

Ali Saleh, Mayor
ATTEST:

Angela Bustamante, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP

David J. Aleshire, City Attorney
CONSULTANT:
___________________________________
By:

Name:

Title:

By:

Name:

Title:

Address:

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

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

Crosstown Electrical & Data, Inc.

David P. Heermance
Benjamin Heermance
President
Chief Financial Officer
5454 Diaz Street
Irwindale, CA 91706

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

On __________, 2025 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: ______________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

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

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

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

ATTACHMENT 1
01135.0006 2068693.2 CA-23

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

On __________, 2025 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: ______________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

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

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

ATTACHMENT 1
A-1
01135.0006 2068693.2
EXHIBIT “A”

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

Scope of Services specified in the Request for Proposals for Citywide Traffic Signal Maintenance and Repair Services and Consultant proposal is dated October 29, 2025.

II. Consultant must perform all Services in compliance with the following requirements:

A. Each task shall be indicated by a written request produced by the City with a description of the work to be performed, and the time desired for completion. All tasks shall be carried out in conformity with all provisions of this Agreement.

B. Consultant must prepare a written description of requested tasks including all components and subtasks; the costs to perform the task (“Task Project”); explain how the cost was determined; and as schedule for completion of the task (“Task Completion Date”); which shall all collectively be referred to as the “Task Proposal.” C. City shall in writing approve, modify or reject the Task Proposal, and may issue a Notice to Proceed.

D. The task shall be performed at a cost not to exceed the Task Budget.

E. Consultant shall complete the task and deliver all deliverables to the City by Task Completion Date.

III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by providing a monthly report.

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

ATTACHMENT 1
01135.0006 2068693.2 B-1

EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. Section 4.6 entitled “Local Preference” is hereby added to read in its entirety as follows:

4.6 Local Preference
The City is an economically disadvantaged community with high unemployment and the City in awarding of contracts en courages the contractors to undertake their best efforts to hire locally. To that end, Con sultant covenants it shall make its best efforts to cause all solicitations for full or part -time, new or replacement, employment relating to the services performed under this Agreement. Best efforts include having a local hiring program approved by the City (“Local Hire Program”) which requires regular re porting requirements necessary for evaluating the compliance with the Local Hire Program. In addition, the Con sultant shall: (i) advertise in local newspapers regarding job opportunities, (ii) establish a point of contact to provide information about available job opportunities to the community, (iii) conduct outreach efforts to attract local hires, subcontractors and tradesmen, and (iv) coordinate local hire workshops with the City to educate potential local subcontractors and tradesmen about employment opportunities.”
II. Section 5.4, entitled “Performance Bond” is hereby deleted in its entirety.

III. Section 7.7, entitled "Liquidated Damages” is hereby amended in its entirety to read as follows:

7.7 Complaints: Liquidated Damages
(a) Complaints received by the City or through observation by the Contract Officer, regarding the Con sultant’s performance will be transmitted to the Con sultant’s office in writing, by telephone or facsimile, and handled by the Con sultant. All complaints are to receive a follow-up response within twenty -four (24) hours following notification of the Con sultant. A report of the Con sultant’s investigation and the corrective action taken shall be made promptly by the Consultant to the Consultant Officer. Repeat complaints may be handled

ATTACHMENT 1
01135.0006 2068693.2 B-2

by a joint visit to the site by a City Inspector and the Consultant. Complaints received directly by the Consultant shall be submitted in writing to the City on the day such complaints are received. Con sultant shall maintain a log of complaints received and corrective actions implemented which shall be submitted to the City within ten (10) days following the end of the month. Repeat complaints of poor service quality of similar nature shall be handled in the manner prescribed below. These penalties are prov ided to provide an alternative to Agreement termination for minor performance failures by Con sultant. Nothing herein shall waive the right of the City to terminate the Agreement for repeated or material violations of the performance standards.
(b) An initial complaint shall be handled in accordance with the subsection (a) of this Section. (c) When the Contract Officer determines that additional violations of a similar nature have occurred within any 180 calendar day period, a written complaint shall be filed with the Consultant by the City. The written complaint shall include a description of the complaint of the Co nsultant’s performance and warning that the next complaint will result in the assessment of liquidated damages in the amount of $100 per incident, provided that after the fourth incident in any 180 day period the penalty shall go to $500 per incident. (d) When the Contract Officer determines that a third violation similar in nature as the previous violation has occurred within 180 days of the material violation, a written complaint shall be filed with the Contractor by the City. The written complaint shall include a description of the compliant of the Co nsultant’s performance, and of the penalty therefore. The Contract Officer and/or designee shall meet with the Con sultant within five (5) working days and develop a written corrective action plan to prevent further occurrence of the problem. The corrective action plan shall be prepared by the Consultant within ten (10) working days after the meeting between the Contract Officer and/or designee and Consultant. The corrective action plan is subject to the approval of the Contract Officer. (e) If repeated violations continue, the City may provide notice of termination in accordance with Article 7.

ATTACHMENT 1
C-1
01135.0006 2068693.2

ATTACHMENT 1
C-2
01135.0006 2068693.2
EXHIBIT “C”

SCHEDULE OF COMPENSATION

CITYWIDE TRAFFIC SIGNAL MAINTENANCE & REPAIR SERVICES

Please complete the form below, providing itemized costs for each service category. All costs must include labor, materials, equipment, administration, and any associated overhead.

Base Annual Services
Service Category Estimated
Frequency
Unit Cost ($) Annual Total ($)

1. Emergency Telephone Number
and Call Center
Monthly $1.00 $12.00

2. Routine Maintenance (Per
Intersection)
Monthly $65.00 $24,180.00

3. Routine Maintenance
Intersection Walk-Around
Six (6) times per
year (every 2
months)
$25.00 $4,650.00

4. Semi-Annual Maintenance Two (2) times per
year (every 6
months)
$55.00 $1,320.00

5. Traffic Signal Interconnect
Systems Check
Quarterly (every 3
months)
$450.00 $1,350.00

6. Underground Service Alert (Dig
Alert) Monitoring & Marking
Monthly $375.00 $4,500.00

7. Required Reporting Monthly $10.00 $120.00

8. Records (Develop and Maintain) Annual Lump Sum N/A $350.00

TOTAL BASE ANNUAL COST
$36,482.00
Extra Works: Labor and Equipment Cost
Service Category Estimated
Frequency
Unit Cost ($)

1. Project Manager Hourly $105.00
OT: $140.00
DT: $175.00

2. Supervisor/Lead Technician Hourly $117.00

ATTACHMENT 1
C-3
01135.0006 2068693.2
OT: $157.00
DT: $201.00

3. Traffic Signal Technician Hourly $115.00
OT: $155.00
DT: $197.00

4. Licensed Electrician Hourly $120.00
OT: $162.00
DT: $197.00

5. Inspector Hourly $115.00
OT: $155.00
DT: $197.00

6. ANSI-compliant bucket/boom
truck
Hourly $45.00

7. Signal and conflict monitor
testing equipment
Hourly $113.00

8. Portable generator Hourly $20.00

9. Traffic control equipment (cones,
arrow boards, signage)
Hourly $20.00

ATTACHMENT 1
D-1
01135.0006 2068693.2
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services in accordance with the procedures set forth in RFP scope of services dated October 29, 2025.

II. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect for three (3) years from the date hereof (the “Term”).

The City Council may, in its sole absolute discretion, extend the Term by two (2) one -year extensions so long as funds have been appropriated for the Services under this Agreement.

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

ATTACHMENT 1
01135.0006 2068693.2
EXHIBIT “E”

MAP AND LIST OF CITY OF BELL TRAFFIC SIGNALS

ATTACHMENT 1
01135.0006 2068693.2

NOTICE OF AWARD

TO: (CONTRACTOR) FOR CITYWIDE TRAFFIC SIGNAL MAINT/REP SERVICES:
___________________________________________
Public Works Division

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

price of $ .

You are required by the "SECTION IV REQUIRED POST RFP DOCUMENTS" to execute the documents specified within ten (10) days from the date of mailing this Notice. Please sign one copy of the Notice of Award upon receipt and return.

RECEIVED:

CONTRACTOR THE CITY OF BELL

By: By:

Kenneth Jones
Public Works Manager

(Title)

(Date) (Date)

N-1

ATTACHMENT 1
01135.0006 2068693.2

NOTICE TO PROCEED

TO: (Contractor) DATE:

From: Kenneth Jones
Public Works Manager, City of Bell

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

Citywide Traffic Signal Maintenance and Repair Services Public Works Department Services Division

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

DOCUMENT:

The Agreement Fully Executed ( )
Workers' Compensation Insurance Certificate ( )
Liability Insurance Policy or Certificate ( )
Insurance Forms ( )

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

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

Kenneth Jones
Public Works Manager

N-2

ATTACHMENT 2

City of Bell
RFP for Citywide Traffic Signal Maintenance & Repair Services RFP# PW25-006; Due Date: October 29, 2025

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TABLE OF CONTENTS

1. Cover Letter ................................................................................................................... 1

2. Table of Contents ......................................................................................................... 2

3. Information / Background of Contractor ..................................................................... 3

4. Key Personnel & Qualifications ................................................................................... 4

5. Past Experience / References ...................................................................................... 8

6. Understanding of the Scope of Work and Work Proposal ........................................ 9

7. Attachments ................................................................................................................ 17 • Signed Certification
• Cost Proposal (UPLOADED SEPARATELY)

City of Bell
RFP for Citywide Traffic Signal Maintenance & Repair Services RFP# PW25-006; Due Date: October 29, 2025

P a g e 3 |

COMPANY INFORMATION / BACKGROUND
Crosstown Electrical & Data, Inc. was incorporated in 1998 and has been providing Electrical, ITS and traffic signal services successfully for the past 26 years and our acquired traffic signal maintenance division has over 40 years of experience. Crosstown is 100% owned and operated by Mr. David Heermance. We currently have 135 employees with the qualified staff necessary to perform the tasks and services required of this request for proposal. Our traffic signal maintenance technicians are available to take on this contract and provide an exceptional level of service.

Crosstown has good relationships with many cities throughout California and multiple traffic signal maintenance contracts currently in effect that are similar to this RFP, such as the city of San Dimas, Maywood, and Hemet. See reference section for additional projects and details. Crosstown maintains a Class “A” General Construction license and a class “C-10” Electrical license, No. 756309, Expires 11/30/26. We are registered with the Department of Industrial Relations, DIR # 100000155. Crosstown complies with the California Labor Code. Pursuant to said regulations entitled: Federal Labor Standards provisions; Federal Prevailing Wage Decision; and State of California Prevailing Wage Rates, respectively.

Crosstown complies with the Copeland Anti­ kickback Act (18 USC 874 C) and the implementation regulation (29 CFR 3) issued pursuant thereto, and any amendments thereof.

Commitment to Service, Safety, and Value
We understand the responsibility that comes with maintaining critical municipal infrastructure. Our approach emphasizes:
• Rapid, reliable emergency response
• Cost-effective, proactive system maintenance
• Transparent communication with City staff
• Full compliance with Cal/OSHA and MUTCD safety standards Responsible, Competitive pricing
Our rate schedule is designed to deliver maximum value without compromising quality. Key features include:
• Fair, efficient labor rates – no inflated charges
• Low-use equipment priced lean – savings where it matters • Materials markup capped at 15% - budget friendly control • Optional preventive maintenance program – fixed monthly cost for predictability Why Choose Crosstown?

City of Bell
RFP for Citywide Traffic Signal Maintenance & Repair Services RFP# PW25-006; Due Date: October 29, 2025

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Smart Maintenance. Honest Pricing. Reliable Results.
• Experience You Can Trust: IMSA Certified Technicians, fast callouts, high uptime • Responsiveness That Delivers: Routine & Emergency response times that meet or exceed the city’s requirements.
• Transparent and Accountable: Detailed reporting, photo documentation, no surprise fees
• Ready to Hit the Ground Running: Our team is prepared to begin when you are!

Key Contact Information:

Company Name:

Legal Form of Company:

License no.:

Federal Employer ID #:

DIR #:

Crosstown Electrical & Data, Inc.

Corporation

756309

22-3611877

1000000155

Primary Project Contact:

Jerry Davis: Senior Operations Manager
Telephone Number:

Cell Phone:
(951) 738-1444
(951) 260-3694

Email:

Corporate Office:

[email protected]

5454 Diaz Street
Irwindale, CA. 91706
(626) 813-6693

City of Bell
RFP for Citywide Traffic Signal Maintenance & Repair Services RFP# PW25-006; Due Date: October 29, 2025

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STATEMENT OF QUALIFICATIONS
Crosstown’s technicians are skilled and regularly engaged in traffic signal maintenance as well as performing underground Service alerts (USA’s). References from other cities in which we provide Traffic Signal Maintenance services is provided below. Crosstown has the resources and experience to provide cost effective and quality professional services to the city of Norco.

Crosstown has extensive experience in working in busy arterial roadways, freeways, and intersections and is capable of taking all necessary safety precautions to provide both a safet working environment for our team as well as safety for the traveling public.

Our Technicians carry the IMSA Traffic Signal Field Technican certifications. Our lead technician will be a Sr. Level III certified technician which includes education and knowledge in M.U.T.C.D , understanding of basic electronics and electrical standards in the National Electrical Code, National Electrical Safety code, Traffic Control Devices Handbook, lightning and grounding protection and tr affic signal preemption devices, and data communication methods.

KEY PERSONNEL / QUALIFICATIONS
A. Crosstown’s Qualified Maintenance Personnel
Crosstown will maintain an adequate level of labor resources as required by the Scope of Work. The designated manager will have full involvement in the work effort. The following key personnel and support team will be associated with the fulfillment of this Scope of Work and performance of specified tasks.

Each of our technicians are skilled and meet the standards set forth in the city’s request for proposal with the following qualifications:
a. Haresh (Harry) Vaidya – Maintenance Technician / Journeyman Electrician / IMSA Field Technician Level III: Mr. Vaidya will be the lead technician for this project and he possesses strong technical skills and ability to collaborate with others. He will be the lead technician for this project and will be responsible for day-to-day management). He has over 30 years of experience in the industry and his strengths include the installation, repair, and replacement of complex electrical and electronic equipment in the field and in production settings. Mr. Vaidya is experienced in the repair of Econolite ACS/3-2100 and Cobalt controllers and their integrated operation with Econolite Centracs. Please see attached resume for additional information.
b. Galt Grotke – Maintenance Technician / IMSA Field Technician Level II: Galt Grotke is a highly skilled and certified Traffic Signal Technician with over seven years of hands -on experience maintaining, troubleshooting, and repairing traffic signal systems for multiple municipalities throughout Southern California. As a key member of Crosstown Electrical & Data’s Traffic Signal Maintenance Division, Galt brings technical expertise, operational leadership, and a commitment to public safety to every project. Prior to joining Crosstown, Galt served honorably in the United States Air Force as an Electrical and Environmental Systems Technician,

City of Bell
RFP for Citywide Traffic Signal Maintenance & Repair Services RFP# PW25-006; Due Date: October 29, 2025

P a g e 6 |
where he gained critical experience in troubleshooting complex electrical systems and responding to high -pressure, time -sensitive challenges. This foundation of discipline, precision, and teamwork continues to drive his performance in municipal traffic signal maintenance.
c. Shea Grotke - Maintenance Technician / IMSA Field Technician Level III: Shea would serve as a backup technician for this project. He has a Bachelor of Arts in Computer Science from Cal State San Bernardino. He has experience as a General Maintenance Supervisor of a Building Complex and working in General Construction for Shimmick. Shea joined Crosstown in March of 2020 and has his IMSA Work Zone Safety and Traffic Signal Level I, II, and III certifications. Shea is also an IBEW Union Traffic signal Maintenance Technician, he is bucket truck certified, and trained in Iteris Video Detection systems, Gridsmart Video Detection systems, and Econolite Controller Programming. He has currently been providing Maintenance services in the cities of Laguna Hills, West Hollywood, Maywood and Los Alamitos. Please see attached resume for additional information.

B. Crosstown’s Management Contacts and Support Staff
a. David Heermance, President - Mr. Heermance is the President and CEO of Crosstown Electrical & Data, Inc. which has been providing Electrical and communication services since 1998. He holds a General Construction Class A license as well as an Electrical Class C -10 License and has l ed Crosstown to experience continual growth and success each year. Mr. Heermance brings over 40 years of overall experience in the installation, operation, maintenance and management of electronic equipment, communications, traffic signals and fiber optic systems to his team. He has in-depth knowledge and understanding of data communications, fiber optics, video, and their application to traffic signals and Intelligent Transportation Systems. Furthermore, Mr. Heermance has developed exceptional manage ment skills in relation to construction and maintenance and ensures that each project is completed successfully and with a satisfied customer. b. Jerry Davis – Senior Traffic Signal Maintenance Operations Manager: As Senior Operations Manager Jerry is also the Contact Compliant Manager for this contract. He is responsible for providing strong strategic leadership for the company by working with other management staff and ownership to establish long- range goals, strategies, plans and policies. As well as plan, develop, organize, implement, direct, and evaluate the organization’s fiscal function and performance, Jerry works closely with our entire team as well as our clients. He is responsible for the day-to-day direction, oversight and quality control of and delivery of service on this contract. Jerry has over 35 years of experience in traffic signal construction, maintenance, and service operations, many of those years have been spent in high profile leadership roles. Jerry worked many of his years in this industry as an IBEW Union journeymen electrician, foreman, and general foremen and as a Project Engineer for Steiny & Co. Jerry came to CSC in early 2013 to oversee all aspects of the compan y’s operations and now manages all Traffic Signal Maintenance

City of Bell
RFP for Citywide Traffic Signal Maintenance & Repair Services RFP# PW25-006; Due Date: October 29, 2025

P a g e 7 |
operations at Crosstown. He is an active IMSA Member and holds his IMSA Work Zone Safety, Level I and Level II Traffic Signal Field Technician Certifications. c. Ralph Maciel – Inventory / Warehouse Manager: Ralph has been with CSC for 19 years and came over to Crosstown in 2020 . Ralph is in charge of ordering the equipment that is needed on a day-to-day basis and ensuring that the supplies stay well stocked. His knowledge of traffic signal equipment has been a vital asset in keeping our warehouse stocked with all the equipment, tools, and supplies needed to keep our city’s intersections running and looking great. d. Dan Bylund – Purchasing / IT System Administrator: Dan has a BA in Business and is a Certified Microsoft Professional. He has been with the company for over 5 years and is currently working with our Web -based Maintenance Management System (MMS). This real time work monitoring program (Sales Force) allows the cities to see how the preventative and response maintenance is going on a day-to- day, hour-by-hour time basis. Dan is our liaison with the companies we purchase our equipment through. He also is involved with our monthly invoicing to the cities.

C. Subcontractor (As-Needed)
Smithson Electric – Loop installation
Chris Zell
1938 E. Katella Avenue
Orange, CA 92867
[email protected]

City of Bell
RFP for Citywide Traffic Signal Maintenance & Repair Services RFP# PW25-006; Due Date: October 29, 2025

P a g e 8 |
David P. Heermance,
President
General Construction
and Underground
Division
Ricardo Avila,
Superintendent
45+ General Foremen,
Journeymen,
apprentice, and
Operating Engineers
Fiber Optic Division
JP Nelson,
Superintendent
6+ Fiber Optic
Technicians
Communication and ITS
Systems Division
Alex Zepeda,
Superintendent
Abraham Morales,
General Foreman
30+ Foremen,
Journeymen,
Appentice, and
Network Engineers
Traffic Signal
Maintenance Division
Jerry Davis , Senior
Operations Manager
Shea Grotke, TSM Level
III
Galt Grotke, TSM Level
III
Harry Vaidya, TSM
Level III
3+ IMSA Level I and II
Technicians
Ben Heermance, CFO

A. Crosstown Corporate Structure

City of Bell
RFP for Citywide Traffic Signal Maintenance & Repair Services RFP# PW25-006; Due Date: October 29, 2025

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PAST EXPERIENCE/ REFERENCES
A. List of Current Representative Projects and Contact information.

City of San Dimas (36 Intersections, Traffic Signal Maintenance & Emergency on Call Services)
Chase Buckelew, Public Works Maintenance Superintendent 245 East Bonita Avenue, San Dimas, CA 91773
(909) 394-6270
[email protected]

City of Laguna Hills (49 Intersections, Traffic Signal Maintenance & Emergency on Call Services)
Kenneth Rosenfield, Director of Public Works
24035 El Toro Road, Laguna Hills, CA 92653
(949) 707-2655
[email protected]

City of El Monte (73 Intersection, Traffic Signal Emergency on Call Services) Frank Drevdahl, Public Works Administrative Analyst
3990 Arden Drive, El Monte, CA 91731
[email protected]

City of Monterey Park (63 Intersections, Traffic Signal Maintenance & Emergency on Call Services)
Cesar Vega, Civil Engineer Associate
320 W. Newmark Avenue, Monterey Park, CA 91754
(626) 307-1320
[email protected]

City of Hemet (41 Intersections, Traffic Signal Maintenance & Emergency on Call Services)
Matt Devore, Facilities Maintenance Technician
3777 Industrial Avenue, Hemet, CA 92545
(951) 765-3710
[email protected]

City of Maywood (Traffic Signal Maintenance & Emergency on Call Services) Able Hernandez
4319 East Slauson Ave., Maywood, CA 90270
(323) 562-5700
[email protected]
Additional References Available Upon Request

City of Bell
RFP for Citywide Traffic Signal Maintenance & Repair Services RFP# PW25-006; Due Date: October 29, 2025

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UNDERSTANDING OF THE SCOPE OF SERVICES AND WORK PROPOSAL The following sets forth Crosstown Electrical & Data’s
(Crosstown’s) approach and understanding to
accomplishing the tasks outlined in the Scope of Work
(SOW).

General
Crosstown will have all required tools, materials,
equipment, apparatus, facilities and skilled labor services available to perform all work necessary for this RFP ,
including but not limited to maintain and repair the traffic signals and safety lights in the City in compliance with current City standards and specification. A hydraulic
bucket truck capable of reaching a height of at least 35 feet above the roadway surface will be available. A computer laptop for programming, maintenance and testing of traffic signal controllers and equipment will be provided to our technicians.

Crosstown will provide all vehicles and traffic control necessary by our Technicians and vehicles will be equipped with permanently mounted warning beacon/strobe lights, traffic cones, construction warning signs. Traffic control/lane closures will conform to the California Manual on Uniform Traffic Control Devices.

Crosstown will maintain a valid Class A and Class C -10 contractor license. Contractor license No. 756309 which expires on 11/30/2 6. We will also apply for and maintain a current City of Norco Business license throughout the duration of the agreement.

Crosstown will pay prevailing wages pursuant to Labor Code section 1771 and is registered with the Department of Industrial Relations, DIR #1000000155.

Crosstown’s assigned signal technician will be available to meet with the City’s designated representative as needed and agreed upon mutually, to discuss signal maintenance activities.

Crosstown will provide As Needed emergency service response to the City’s traffic signals on a 24 hour a day, seven days a week basis, including all holidays. Crosstown will provide emergency contact information to the city and will provide technicians with appropriate communications for dispatch.

Crosstown maintains its own in-house traffic signal laboratory located at 5463 Diaz St., Irwindale, CA , 91706. Our testing and calibration capabilities include Cabinet testing, CMU/MMU Bench testing, Controller verification, testing and programming, and we also partner with and utilize EDI, Swarco/McCain & Econolite’s authorized service centers.

City of Bell
RFP for Citywide Traffic Signal Maintenance & Repair Services RFP# PW25-006; Due Date: October 29, 2025

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RESPONSE TIME AND PROCEDURE
Crosstown understands that during the Regular Response Time (When the notification is received between 7:00 a.m. to 5:00 p.m., Monday through Friday ), we will respond within the time frame required by this RFP.

For Emergency Response Time , Crosstown will respond immediately to emergency calls, including main pole knockdowns. Crosstown will dispatch qualified personnel and equipment to reach the site within one (1) hour under normal circumstances.

It is understood that there are currently ( 31) traffic signals in the Per the city’s request, Crosstown can perform additional services at the rates provided. It is understood that all work performed or equipment that is supplied by Crosstown will be subject to inspection and approval of the City’s Public Works director or his authorized representative.

Crosstown will maintain a single local telephone number that we can be reached 24 hours per day, seven days per week. The city will be supplied with names, mobile telephone numbers and emails of at least three responsible individuals representing Crosstown that may be contacted 24 hours per day for emergency response. The phone provided to our technicians will be capable of communicating via email, voice and text with City staff.

The Scope of work below is extracted from the RFP and Crosstown agrees to perform all work below and any additional work stated /required in this RFP.

Preventative Maintenance
Crosstown will provide preventive maintenance for the traffic signal equipment and will furnish and use a preventive maintenance checklist form approved by the City for each inspection. We agree to provide one electronic copy of the maintenance checklist to the City following each inspection, to maintain a copy of the last three (3) maintenance checklists in the traffic signal controller cabinet, and to maintain electronic copies of the maintenance checklists at the contractor’s office of records.

For Routine Maintenance, Crosstown agrees to perform each of the following items as required and stated in the RFP
Routine Maintenance (Once every Month)

1. Develop and Maintain a Preventive Maintenance (PM) checklist Form: Maintain a copy of the three most recent Preventive Maintenance (PM) Checklists at each traffic signal. The PM Checklist Form will list the date/time and be completely filled out during eac h maintenance inspection and during any time repairs are made to the traffic signal controller or any related equipment in the controller cabinet or the signal equipment at the intersection (detector loops, pedestrian heads, signal heads, lenses, lamps and signal poles, etc.).

2. Controller Cabinet Mounting: Check the snugness of the nuts on the traffic signal cabinet anchor bolts, tighten, if necessary, being sure not to distort the cabinet

City of Bell
RFP for Citywide Traffic Signal Maintenance & Repair Services RFP# PW25-006; Due Date: October 29, 2025

P a g e 12 |
door opening by over tightening.

3. Controller Cabinet Foundation Seal: If standing water or evidence of water is present inside the bottom of the cabinet, check the seal between the bottom of the foundation for deterioration, and to report the need to reseal the cabinet foundation as necessary.

4. Door Gaskets: Check all door gaskets on the controller cabinet, service cabinet and any other enclosures of evidence of moisture or deterioration. Report the need to completely replace any gaskets showing signs of leaking or deterioration.

5. Cabinet Vents: Check the vents in both the cabinet door and above the door, or at the top of the cabinet to ensure that they are free of any foreign material.

6. Air Filter: Vacuum, wash, replace or knock out any dust accumulated in air filters.

Take appropriate action based on the condition of the filter.

7. Cabinet Fan: Verify that cabinet fans(s) operate properly with a minimum of noise.

8. Thermostat: Verify that the cabinet fan thermostat is set at 96 degrees.

9. Interior Light: Verify the proper operation of the cabinet’s interior light.

10. Door Panel Harnesses: Check the harnesses leading from the main panel and auxiliary panels on the cabinet door to ensure they are not being pinched and do not bind against the cabinet door. Adjust, if necessary.

11. Hinges and Locks: Check the free movement of all doors, latching assemblies and locks on the controller cabinet, service cabinet and any other enclosures.

Use a minimum of oil or spray lubricant and remove any excess.

12. Vacuum Cabinet: Blow or brush off shelves, terminal blocks and components and thoroughly vacuum the interior of the cabinet.

13. Ensure detectors are detecting.

14. Insect or Rodent Infestation: Check for signs of ants, wasps or other insects or rodents within the cabinet. Use appropriate insect traps or powders if any positive findings are discovered. More serious problems shall be reported to the City.

15. Cabinet Grounding: Using appropriate equipment, check annually the resistance between AC and ground.

16. Service Connections: Verify the neutral, ground and power connections are secure in the controller and service cabinets.

17. Plug-In Components: Check that each plug-in component (rack mount detectors, relays, load switches, etc.) fits tightly and securely.

18. Ground Fault Receptacle: Verify the proper operation of the “Test” and “Reset” buttons on GFCI type outlets.

19. Intersection Records: Ensure that all intersection cabinet wiring diagrams are

City of Bell
RFP for Citywide Traffic Signal Maintenance & Repair Services RFP# PW25-006; Due Date: October 29, 2025

P a g e 13 |
present and up to date.

20. Verify pedestrian push buttons operate.

21. Controller Operation: Manually place vehicle and pedestrian calls on each phase 4 through the cabinet test switches or the controller keypad, to verify controller servicing of each active phase. Check controller logs for any faults that have occurred and make note for the file. Verify signal timing is current with timing sheet in cabinet. Confirm controller time and dates are correct. (Especially after daylight savings time change).

22. Conflict Monitor/Malfunction Management Unit: Verify time and dates are correct in any CMU/MMU with an internal clock.

23. Detector Operation (inductive loops): Verify the detection zones for each detector by observing the turn -on of the appropriate detection indicator as a vehicle passes over the detector loop(s). Check also that a call is placed on the correct controller phase.

24. Detector Operation (video detection): Verify camera operation by monitoring the vehicle call on the video controller unit. Also, verify the calls going to the detector call page in the controller.

25. Equipment Displays and Indicators: Verify that all LED and LCD displays and indications on all cabinet equipment are working properly.

26. Verify operation of signal indications.

27. Pre-Emption Devices: Test any pre-emption devices for proper operation.

28. System Telemetry: Check the operation of telemetry on controller display and phone modem, if equipped, located in the cabinet. Report any malfunction immediately.

29. Battery Back -Up System: Check battery backup display for AC IN, UPS OUTPUT, and INVERTER indications. All should be on when utility power is supplied to the cabinet. Also, check battery level and load level displays. Test batteries quarterly. Make note if either is out of range. Keep records of events recorded and total battery run time between maintenance checks to help indicate problem intersections.

30. Check all battery connections to ensure they are clean and secure.

31. Safety Lighting (Night Check): Institute a routine nighttime check of safety lights and illuminated street name signs at all signalized intersections every other month and submit a report and an estimate for any repairs necessary to the City for approval.

City of Bell
RFP for Citywide Traffic Signal Maintenance & Repair Services RFP# PW25-006; Due Date: October 29, 2025

P a g e 14 |

Routine Maintenance: Intersection Walk-Around (Once every 2 Months)

1. General: Remove any easily removable, unauthorized signs, stickers and posters and note any graffiti existing on signal poles or equipment. Notify City of any graffiti observed on traffic signal equipment.

2. Signal Heads: Verify that all vehicle and pedestrian heads properly display all indications and the signals are not damaged. Verify the alignment of all heads to the intended direction. Verify that all back plates, visors and doors are visibly secure. Report any landscaping that restricts the view of signal heads to the City (Signal heads should be visible from 250 feet). Labor and material costs to replace malfunctioning displays with Caltrans approved LED units will be paid in addition to the established flat rate fee per intersection.

3. Pedestrian Equipment: Check all pedestrian push buttons (and bicycle push buttons where provided) and signals by hand to ensure that they are securely mounted and operating properly. Replace damaged or malfunctioning buttons with larger size ADA type buttons as necessary.

4. Internally illuminated street name signs (IISNS): Verify that the IISNS is adequately connected to frame, clamp and brackets, and no panel is broken or missing.

5. Miscellaneous: Check all detector loops for sealant deterioration, exposed wire, etc.

Semi-Annual Maintenance

1. Uninterrupted Power Supply (Back-up) System
▪ Load test all batteries and record on paper and with silver marking pen on each battery the date and load test results.
▪ Perform 15-minute test
▪ Verify bypass switch is operating properly
▪ Verify unit is set for 50% fully operation and 50% red flash ▪ Inspect and test battery charging system.

2. Video Detection System (where applicable): Ensure proper operation, clean video detection camera lens as needed.

3. Signal Lenses and Signs: Clean and polish all signal lenses and reflectors, align all signal heads and adjust all mast arm mounted street name signs.

4. Terminal Connections: Test, semi -annually or following any wiring repair, each terminal screw by backing off slightly then retightening to confirm that it is secure.

5. Air Filter: Clean or replace the air filter element in all controller cabinets so equipped at least once each six (6) months and shall note in the monthly report any filter replacement. Wash or replace all air filter elements in all cabinets, so equipped, within three (3) months after the execution of this

City of Bell
RFP for Citywide Traffic Signal Maintenance & Repair Services RFP# PW25-006; Due Date: October 29, 2025

P a g e 15 |
contract and note in the monthly report the date the filter elements are cleaned or replaced. Replace the Air Filters at least once each (6) Months or unless otherwise approved by the Engineer.

6. Check: All pull boxes for structural defects, insect or rodent infestations, and properly secured lids.

7. Verify timing charts to controllers. If they are not correct contact City staff to verify differences.

8. Report significant areas of rust on cabinet exterior and signal poles to City staff.

9. Cabinet door locks and padlocks shall be lubricated with graphite lubricant or equivalent and maintained in good working order. Any missing or damaged locks shall be replaced and/or repaired.

Electrical Services
Provide a California Certified General Electrician on staff or on-call for electrical work. Work includes wiring, circuits, service cabinets, grounding, and NEC-compliant repairs.

Traffic Control and Safety
Crosstown will provide and maintain traffic control per California MUTCD, Part 6.

Ensure all staff are trained and certified in IMSA Work Zone Temporary Traffic Control.

Provide PPE, cones, arrow boards, and other safety equipment at no additional cost to the City.

Emergency Telephone Number and Call Center
Crosstown will furnish an emergency telephone number to receive customer comments and requests regarding the services contained in this Request for Proposal.

1. The emergency telephone number and call center will serve as the hotline for unscheduled maintenance and personnel should be available 24 -hours a day, 7 days a week.

2. The call center shall maintain records of all phone calls that detail what was reported, where it was reported, and the date & time of calls received.

3. Compensation for the emergency telephone number and call center will be included in the flat rate cost of maintaining each intersection.

Traffic Signal Interconnect Systems
Crosstown will p rovide a quarterly (i.e. every three months) systems check to ensure traffic signal interconnect systems function in accordance with the timing plans.

City of Bell
RFP for Citywide Traffic Signal Maintenance & Repair Services RFP# PW25-006; Due Date: October 29, 2025

P a g e 16 |
Investigate and determine causes for any performance issues (i.e. faulty pedestrian bush buttons, faulty vehicle detection, faulty communication, etc.) and recommend appropriate repairs necessary for system operation in accordance with the timing plan.

Certification of Proposal to the City of Bell
➢ See Attached signed certification

COST PROPOSAL
➢ See Attached Cost Proposal uploaded separately

ATTACHMENTS
• Cost Proposal
• Technician Resume
• Technician IMSA Certifications

FINANCIAL STATEMENT
Our firm is financially strong and bondable and we have an excellent reputation for providing quality service to various cities and government agencies throughout Southern California. Crosstown has a 3 year average of over 50 million dollars in revenue.

OUR PLEDGE TO THE CITY OF BELL
We view this contract as a partnership and pledge to uphold:
• Professionalism, accountability, and integrity
• Open communication and consistent reporting
• High-quality work on every call
• A strong commitment to public safety and service excellence

GALT GROTKE

TRAFFIC SIGNAL TECHNICIAN
5454 Diaz St., Irwindale, CA 91706
626-813-6693 • 626-869-0192 Fax

TRAFFIC SIGNAL TECHNICIAN – IMSA LEVEL III CERTIFIED
Experienced Traffic Signal Electrician and U.S. Air Force veteran with proven expertise in troubleshooting, programming, and maintaining a wide range of traffic signal systems and components. Skilled in NEMA and 332 cabinet systems, advanced detection, and pedestrian technologies. Dedicated to ensuring safety, minimizing signal downtime, and training the next generation of techs.

CERTIFICATIONS
• IMSA Traffic Signal Technician Level I
• IMSA Traffic Signal Technician Level II
• IMSA Traffic Signal Technician Level III
• IMSA Work Zone Safety Certified

TECHNICAL EXPERTISE
• NEMA TS1 & TS2 Cabinets and Controllers
• 332 Type Cabinets
• Iteris & Econolite Video Detection Systems
• Polara Accessible Pedestrian Systems (APS)
• Signal Installation, Diagnostics, and Preventative Maintenance • Troubleshooting, Programming, and Emergency Repairs
• Coordination with Public Works, Utilities & Contractors • Cabinet Assembly, Wiring, and Signal Turn-On Support

PROFESSIONAL EXPERIENCE
Traffic Signal Technician
Crosstown Electrical & Data, Inc. – Irwindale, CA | September 2017 – Present • Troubleshoot, install, and program NEMA TS1, TS2, and 332 traffic signal cabinets and controllers.
• Maintain and repair complex signalized intersections using video detection and pedestrian technologies.
• Specialize in Econolite and Iteris camera systems and Polara APS programming. • Respond to emergency signal failures and provide on-call coverage for municipal clients.

GALT GROTKE

TRAFFIC SIGNAL TECHNICIAN
5454 Diaz St., Irwindale, CA 91706
626-813-6693 • 626-869-0192 Fax

• Train and mentor new hires on equipment operation, signal safety, and troubleshooting protocols.
• Communicate with public agencies to coordinate repairs, upgrades, and power interruptions.

Electrical & Environmental Systems Technician
United States Air Force | June 2010 – December 2016
• Diagnosed and repaired electrical and environmental systems aboard multiple aircraft platforms.
• Maintained mission readiness under strict timelines and coordinated work across flightline teams.
• Followed technical orders with precision to ensure airworthiness and safety.

EDUCATION
California State University, Fullerton
Bachelor of Science, Cell and Developmental Biology (Expected May 2024) • Minor: Chemistry | GPA: 3.8
• Participant in Bridges to Stem Cell Research Program
Citrus College
Associate of Science, Biology | June 2021
• GPA: 3.6

KEY STRENGTHS
• Field Diagnostics & Emergency Repairs
• Cabinet Wiring & Signal Turn-On Procedures
• Equipment Installation & Troubleshooting
• Leadership, Training & Mentorship
• Discipline, Teamwork & Technical Accuracy (USAF Background)

JERRY DAVIS

TRAFFIC SIGNAL MAINTENANCE & FIELD SUPERVISION

TRAFFIC SIGNAL TECHNICIAN
5454 Diaz St., Irwindale, CA 91706
626-813-6693 • 626-869-0192 Fax

TRAFFIC SIGNAL OPERATIONS MANAGER
Over 35 years of progressive experience in traffic signal construction, maintenance, and field leadership.

A highly skilled expert in traffic signal systems with a proven track record managing multi- jurisdictional municipal contracts, leading field teams, and delivering safe, compliant, and on- time projects. Known for hands-on leadership, operational discipline, and deep knowledge of public agency requirements.

CORE COMPETENCIES
• Traffic Signal Maintenance & Field Supervision
• Traffic Signal Construction & Installation
• IMSA-Certified Technician & Inspector
• Preventative Maintenance Programs
• Public Agency & City Liaison
• OSHA & MUTCD Compliance
• Subcontractor & Crew Management
• Safety Leadership & Jobsite Coordination

CERTIFICATIONS
• IMSA Traffic Signal Technician Level I
• IMSA Traffic Signal Technician Level II
• IMSA Traffic Signal Inspector
• IMSA Work Zone Safety
• OSHA 30-Hour Construction Safety & Health
• OSHA 10-Hour Construction Safety & Health
• CPR & AED Certified

PROFESSIONAL EXPERIENCE
Senior Operations Manager
Crosstown Electrical & Data, Inc. – Irwindale, CA | 2020–Present

JERRY DAVIS

TRAFFIC SIGNAL MAINTENANCE & FIELD SUPERVISION

TRAFFIC SIGNAL TECHNICIAN
5454 Diaz St., Irwindale, CA 91706
626-813-6693 • 626-869-0192 Fax
• Oversee daily operations and staffing for traffic signal maintenance and emergency services across multiple Southern California cities.
• Manage city relationships, ensure system compliance, and support construction teams on signal and lighting projects.
• Lead division growth through operational excellence, safety oversight, and efficient project execution.
• Coordinate procurement, scheduling, field response, and technician training.

President / Director of Operations
Computer Service Company – Azusa, CA | 2012–2020
• Led company operations supporting over 25 municipal contracts for traffic signal maintenance.
• Directed technical field staff, managed emergency calls, and ensured safe and timely resolution of service requests.
• Built long-standing city relationships and negotiated vendor pricing to reduce operational costs.

Traffic Signal Division – Multiple Advancing Roles
Steiny & Company, Inc. – Baldwin Park, CA | Various Periods (Pre-2007 & 2009–2012) • Traffic Signal Technician → Journeyman → Foreman → General Foreman → Project Manager
• Directed large-scale signal construction jobs, managed field crews, and ensured all work met safety and code requirements.
• Oversaw project logistics, subcontractor coordination, and material procurement. • As Project Manager, supported construction leadership with scheduling, submittals, RFIs, equipment rentals, and delivery tracking.
• Provided cross-county dispatch and jobsite support across Los Angeles, Orange, and San Bernardino regions.

Project Superintendent
eReality Companies Hawaii, Inc. – Honolulu, HI | 2007–2009 • Supervised renovation and construction operations for hotel and resort upgrades. • Ensured compliance with project timelines, building codes, and safety requirements.

Foreman / Technician Roles
Smith Electric (Stanton, CA), CSC, Paul Gardner Corp, E&S Electric • Conducted signal installation, diagnostics, retrofits, and service for city agencies and contractors.
• Promoted to supervisory roles due to leadership and troubleshooting expertise.

SHEA GROTKE

TRAFFIC SIGNAL TECHNICIAN
5454 Diaz St., Irwindale, CA 91706
626-813-6693 • 626-869-0192 Fax

EDUCATION
Bachelor of Arts Degree, Computer Science, California State San Bernardino

CERTIFICATIONS
• IMSA Traffic Signal Field Technician Certifications, Levels I, II, and III • IMSA Work Zone Temporary Traffic Control Technician Certification

WORK HISTORY
Crosstown Electrical & Data, Inc. / CSC – Traffic Signal Technician 2019 – Current • Provide Technical Support for Traffic Signal and communication systems • Perform controller programming
• Perform conflict monitor testing and programming of conflict monitor keys • Perform general monthly traffic signal maintenance for various cities • Verify detection systems and coordinate loops
• Aim signals and head and change our bulbs as needed
• Perform replacement of poles/cabinets that are knocked down • Iteris, Econolite & GridSmart Video Detection, Installation, Programming & Troubleshooting • CMU & MMU Testing & Installation
• Streetlight & ISNS Maintenance & Repair
• McCain & Econolite Controller Installation & Programing • Polora PPB Installation, Programming & Troubleshooting • Controller Cabinet Installation and Replacement
• Traffic Signal Turn-On Support for various contractors and agencies •
Steiny, Inc. – Signal Construction 2017-2019 • Performed labor on the Signal installation crew
GSI and Crane Development – General Construction Labor 2005-2017 • Perform general construction labor on roadways
RECENT REFERENCE PROJECTS:
• City of Laguna Hills Traffic Signal Maintenance
• City of Maywood Traffic Signal Maintenance
• City of Los Alamitos Traffic Signal Maintenance
• City of West Hollywood Pedestrian Flashing Beacon Maintenance • City of West Hollywood City-Wide Street Light Maintenance & Repair • City of Azusa Flashing Crosswalk & Radar Speed Sign Installation, Maintenance & Repair • Technical Support for the OC 405 Project to include controller programming and Gridsmart camera installation and programming.

Congratulations on obtaining your IMSA Certification. Below is your card, and you can print your current certification card or certificate any time by logging into your IMSA profile at www.IMSAsafety.org (click Sign In at the top of the page).

All IMSA certifications are valid for a three-year period from date of issue. The expiration date can be found on the certificate and certification card. Renewal requirements must be completed prior to the expiration date of each certification.

For detailed information on Renewal Requirements visit: www.IMSAsafety.org/certrenew Renewal Requirements:

Complete a personal log of your continuing education by documenting training and/or certification(s) received.

Documentation can be recorded online in your IMSA profile OR by downloading the Renewal Packet found on the Renewal Requirements page. Certificates of completion, transcripts and any other relevant documentation can be uploaded on the IMSA website.

Options for Renewal:
‡Continuing Education
‡Attending Certification Course
‡Achieving the Next Level Certification
Documentation
It is the certification holder¶s responsibility to submit proof of continuing education. Continuing Education Credits (CECs) can be submitted for approval online in your IMSA profile.

Renewal After Expiration
The certification is no longer valid after the expiration date. However, you may reinstate your certification within one year of the expiration date by documenting 16 CEC hours for most certifications. If the certification is not reinstated within one year, you must renew through the normal certification process by taking the current certification exam at the highest level previously attained and paying the regular certification exam fee. Only the regular certification exam fees will be due, and retake of prerequisites will not be required. IMSA will not recognize any IMSA certificate(s) without an expiration date. 597 Haverty Court, Suite 100
Rockledge, FL 32955
321-392-0500 www.IMSAsafety.org
Name: Shea E. Grotke
IMIS ID: 130097
Section: Far Western
Signature:

Certification and Expire Date
IMSA Traffic Signal Senior Field Technician III - Renewal - 6/24/2028
Conforms to PennDOT Pub 408 Section 901.3(y)

Lawsuits – Past 5 years:

Lawsuit: Claudia Sanz V. City of Lancaster
Case #: MC027986
Court Location: Lancaster
Case Description: Injury while walking on
sidewalk
Status: Settled
Dismissed 8-19-2019
DiDonato Law Center (661) 255-7500

Lawsuit: Raquel Villaloboz
Case #: BC 18STCV06632
Court Location: County of Los Angles
Case Description: Discrimination Claim
Status: Settled
Dismissed 8-26-2024
Raquel Villaloboz case: The Rutten Law Firm
(818) 308-6915

Lawsuit: Lawson vs. State of California
Case #: BC 650480
Court Location: County of Los Angles
Case Description: Motorcycle Accident where
motorcycle driver was killed on a connector
road. Crosstown was pulled into the lawsuit
due to a contract for street lighting that
covered multiple areas across Los Angeles.

Crosstown did not perform work in the area of
the accident and the Lawsuit is expected to be
dismissed.

Status: Settled
Dismissed 8-11-2022
Lawson Case: John Carpenter (310) 272-1230

Lawsuit: Daniel Arango
Case #: 23TRCV01297
Court Location: Torrance Courthouse
Case Description: Vehicle Accident
Status: Settled
Dismissed 4-23-2025
Arango Case: Timothy Mitchell (310) 623-9032
Lawsuit: Department of Transportation
(Related to Lawson Case)
Case #: 19MCV00687
Court Locatin: County of Los Angles
Case Description: Breach of Contract (Related to
above ‘Lawson’ lawsuit) – Crosstown’s
Insurance company has investigated thoroughly
and does not believe Crosstown has any liability
in the Lawson lawsuit and initially refused to
indemnify Caltrans. The State of California is
alleging breach of contract due to the Insurance
company refusing to indemnify Caltrans. The
insurance company does not believe there is
any liability due to the fact that Crosstown did
not perform any work in the vicinity of the
connector. Lawsuit is expected to be dismissed.

Status: Dismissed 6-6-2022
Department of Transportation: Jeanne E.

Scherer (213)687-6000

Lawsuit: Ann Quimpo and Maria Miranda
Case #: 23TRCV01501
Court Location : Torrance Courthouse
Case Description: Crosstown Vehicle was
unattended and rolled into another vehicle.

Status: Dismissed 1-10-2024
Quimpo & Miranda Case: Century Law (855)
554-8785

Lawsuit: Lynn Bixen
Case #: CVPS2303939
Court Location: Superior Court of California,
County of Riverside
Case Description: Bicyclist rode into a road
closure and wrecked her bike and was injured
Status: Settled
Dismissed 12-3-2024
Bixen Case: Walter Clark Legal Group (760)
862-9254

Lawsuit: Eric Vasquez
Case #: 23STCV17811
Court Location: Los Angeles California
Case Description: Employee is claiming
harassment and retaliation.

Status: Settled
Dismissed 5-13-2024
Vasquez Case: Scott Cummings & Lee Frank
(310)-295-2180

C

CITY OF BELL
6330 Pine Ave.

Bell, CA 90201

REQUEST FOR PROPOSALS
MUST BE SUBMITTED BY:

October 29, 2025 at 2:00 P.M.

Date/Time
PW25-006
RFP Number

COVER PAGE
The City of Bell, hereinafter referred to as “City” is seeking proposals from qualified firms, hereinafter referred to as “Contractors” to establish a contract for:
____Citywide Traffic Signal Maintenance & Repair Services____ Work provided shall be in accordance with the Scope of Services requirements attached hereto and incorporated herein by this reference as Section I (D).

All proposals must be submitted online via OpenGov at:
https://procurement.opengov.com/portal/cityofbell
City will reject proposals submitted other than through OpenGov.

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

Contractors are not to contact any City personnel with any questions or clarifications concerning this RFP. All official communication concerning this RFP will be through OpenGov – RFP# PW25-006. Any City response relevant to this RFP other than through OpenGov is unauthorized and will be considered invalid.

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

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

RETURN THIS COVER PAGE WITH YOUR PROPOSAL

LATE PROPOSALS WILL NOT BE ACCEPTED
ATTACHMENT 3

CITY OF BELL

REQUEST FOR PROPOSALS

CITYWIDE TRAFFIC SIGNAL MAINTENANCE & REPAIR SERVICES

TABLE OF CONTENTS

SECTIONS ...................................................................................................................................... PAGES

PROPOSAL DOCUMENTS (All Documents must be submitted by proposal bid date)

COVER PAGE .......................................................................................................................................... C

SECTION I: INTRODUCTION AND INSTRUCTIONS TO CONTRACTORS ................................................... P-1 SECTION II: MINIMUM QUALIFICATIONS AND PROPOSAL REQUIREMENTS ......................................... P-17 SECTION III: SELECTION PROCESS ....................................................................................................... P-23 SECTION IV: REQUIRED POST RFP DOCUMENTS ................................................................................ P-27

CONTRACT SERVICES AGREEMENT DOCUMENTS

CONTRACT SERVICES AGREEMENT ................................................................................................. CA-1

EXHIBIT “A” SCOPE OF SERVICES ........................................................................................................ A-1 EXHIBIT “B” SPECIAL REQUIREMENTS .................................................................................................... B-1 EXHIBIT “C” SCHEDULE OF COMPENSATION...................................................................................... C-1 EXHIBIT “D” SCHEDULE OF PERFORMANCE ........................................................................................ D-1 EXHIBIT “E” MAP AND LIST OF CITY OF BELL TRAFFIC SIGNALS .......................................................... E-1

NOTICE OF AWARD .............................................................................................................................. N-1 NOTICE TO PROCEED ........................................................................................................................... N-2

P-1
SECTION I: INTRODUCTION AND INSTRUCTIONS TO CONTRACTORS

A) OVERVIEW

The City of Bell (City) is soliciting Request for Proposals (RFP) from qualified electrical contractors to provide traffic signal maintena nce and repair services which would include emergency traffic signal repair and non-emergency routine inspections.

The City operates and maintains 31 traffic sign als and a mix of 170 and 2070 traffic signal controllers. The City is seeking a contractor whose combination of experience and personnel will provide timely, cost effective, and quality professional services to the City.

The selected contractor will be required to have qualified traffic signal technicians that have demonstrated experience in traffic signal interconnect systems and pre-emption and priority control systems. The firm’s assigned personnel should also have the ability to troubleshoot and diagnose problems with all our operational systems.

The selected contractor must posses a valid , current and in good standing Class C-10 Contractor’s License issued by the California State Contractor Licensing Board. A copy of the contractor’s license number and date of expiration shall be included in the submittal.

The total amount of work available will be a function of routine traffic signal maintenance plus the amount of work that is required due to normal “wear and tear”, collision damage, vandalism and other factors that may result in the need for traffic signal maintenance services.

The City expects traffic signal technicians to be regularly assigned to the City as necessary to provide preventative maintenance during regu lar working hours (7:00 a.m. to 3:30 p.m., Mondays through Fridays) and to respond to unscheduled/emergency work outside of regular working hours.

The selected contractor will provide services per a three (3) year agreement with the City. The City may, in its sole discretion, extend the Term for two (2) additional one-year terms

The successful Contractor shall provide the services requested in accordance within the Scope of Services within this RFP, which also includes all exhibits, attachments, and appendices. str.

B) PROPOSED SCHEDULE

RFP Issuance Date Wednesday, October 8, 2025
Questions Due Monday, October 20, 2025, at 2:00PM
Electronic Proposals Due Date Wednesday, October 29, 2025, at 2:00PM City Council Contract Award Date Wednesday, November 12, 2025

C) GENERAL REQUIREMENTS

1. Contractors shall have at least five (5) years of consecutive experience providing traffic signal maintenance and repair services to cities.

2. The proposed term of the contract under this RFP shall be for three (3) years. The City may, in its sole discretion, extend the Term for two (2) additional one-year

P-2
terms.

3. Contractor shall comply with the insurance requirements set forth in the Contract Services Agreement.

4. In accordance with Labor Code Section 1770 et seq., the services to be provided by the successful proposer is a “public work” and thus required to pay and comply with the prevailing wage requirements of the California Labor Code. https://www.dir.ca.gov/oprl/DPreWageDetermination.htm

5. The selected Contractor shall have previous traffic signal maintenance and repair experience that shows the Contractor can provide professional, first-class workmanship. This Contractor should have detailed knowledge of signal components (controllers, detectors, conflict monitors), electrical systems (120V/240V, wiring), and safety standards (OSHA, MUTCD). They should troubleshoot malfunctions, program controllers ( 170, 2070, ATC), and follow Caltrans procedures. Knowledge of signal timing, emergency respon se, and IMSA certifications (Level II or higher ) is required. Coordination with agencies and compliance with documentation requirements is essential.

6. The City will select a Contractor based on a combination of factors, including qualifications, past performance for public agencies, responsiveness and completeness of the proposal, and reference checks.

In addition, the following factors will be considered:
i) Completeness of the proposal and ability of the Contractor to comply with the mandatory requirements proposed under this RFP.
ii) Whether the Contractor has the financial resources and facilities to perform or provide the required services promptly, or within the time specified without delay or interference.
iii) Experience in providing similar services
iv) Recommendations from prior clients and record of performance on previous contracts or services.
v) Ability to communicate effectively with diverse population, particularly English and Spanish language speakers; and vi) Cost reasonableness

7. OTHER MINIMUM GENERAL REQUIREMENTS
i) The submittal should be typed and as brief as possible while adequately describing the qualifications of the Contractor.
ii) Proposals are to be submitted online via OpenGov on or before the proposed Due date and time specified in this RFP.
iii) The proposing Contractor shall submit the following information with their package, including the same information on subcontractors.

P-3

D) SCOPE OF SERVICES

Contractors should present their concept for providing citywide traffic signal maintenance and repair services program as described in the scope of services. Include the range of tasks and services provided by your company. Proposers are encouraged to recommend supplementary alternatives or tasks that may reduce the costs to the City and/or enhance the overall quality of the work product. The selected firm will be required to provide the City with certified personnel, vehicles, equipment, and materials as necessary to maintain the City’s traffic signals and related equipment. The selected firm must have the resources and abilities to install various traffic signal poles, controller cabinets and other associated equipment.

The Contractor shall provide all labor, equipment, materials, tools, and supervision necessary to maintain and repair the City’s traffic signals. All services must comply with the California MUTCD, Caltrans Standard Specifications, Caltrans Standard Plans, and all applicable federal, state, and local requirements.

The selected contractor will be required to have qualified traffic technicians that have demonstrated experience in traffic signal interconnect systems, and pre -emption and have priority control systems. The contractor’s assigned personnel should also have the ability to troubleshoot and diagnose problems with all our operation systems. The scope of services may include, but will not be limited to the following:

Technical Services and Maintenance Personnel
The selected contractor will be required to perform routine traffic signal maintenance services at an established flat rate fee per intersection, with additional non -routine maintenance services compensated at rates established pursuant to an agreed fee schedule set forth in Exhibit C.

The selected contractor will be required to provide regular field preventive maintenance, installation and repair of existing controller assemblies and cabinets by qualified personnel that meet or exceed the following qualifications:

▪ Perform cabinet modifications and upgrades as required ▪ Familiarity with programming and repair of all traffic signal controllers ▪ Proficient in programming conflict monitors (CMU) and malfunction management units (MMU)
▪ Familiarity with basic traffic signal timing principles ▪ Proficient with all types of detection systems; video, loops and wireless ▪ Familiarity with hardwire d and wireless communications technology including troubleshooting, installations and adjustment of external and internal modems ▪ Familiarity with various battery backup systems to include installation, programming, testing procedures and maintenance
▪ Ability to perform cabinet modifications and upgrade as required by the City of Bell and Technician(s) shall be available by phone 24-hours a day/ seven days a week.

The contractor will be required to assign adequate traffic signal technicians to the City as may be necessary to provide routine preventive maintenance for each traffic signal (once every month).

The selected contractor will be required to provide a 24-hour a day seven day a week service for knock-downs and emergencies.

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The selected contractor will be required to have a complete traffic signal laboratory located in Southern California or will be required to include the use of a certified traffic signal laboratory as part of its services (the name and location of the laboratory shall be listed in the contractor’s proposal). The selected contractor will also be required to maintain a stock of common replacement parts. The equipment may include but is not limited to: Model 170E or 2070 traffic signal controllers, 332 controller cabinets, 24VDC Power Supply, MMU’s/CMU’s, flash transfer relays, load switches, detectors, video processors, video detection units, battery backup system unit, batteries, LED red/yellow/green lamps, LED pedestrian signals and pedestrian activation buttons.

The selected contractor may offer alternatives to existing equipment to meet the changing demand as it occurs when directed by the City.

The selected contractor will be required to perform installations of knockdown replacement signal equipment including traffic signal poles, and to install traffic signal controller assemblies, cabinets, electric services, and to install inductive loop detectors. The selected contractor will be required to assist the City with the calibrating of traffic signal timing and progression; timing of traffic signals shall only be changed under the approved general direction of the City.

Preventative Maintenance
The selected contractor will be required to provide preventive maintenance for the traffic signal equipment and will be required to furnish and use a preventive maintenance checklist form approved by the City for each inspection. The selected contractor will be required to provide one electronic copy of the maintenance checklist to the City following each inspection, to maintain a copy of the last three (3) maintenance checklists in the traffic signal controller cabinet, and to maintain electronic copies of the maintenance checklists at the contractor’s office of records.

Routine Maintenance (Once every Month)

1. Develop and Maintain a Preventive Maintenance (PM) checklist Form: Maintain a copy of the three most recent Preventive Maintenance (PM) Checklists at each traffic signal. The PM Checklist Form will list the date/time and be completely filled out during each maintenance inspection and during any time repairs are made to the traffic signal controller or any related equipment in the controller cabinet or the signal equipment at the intersection (detector loops, pedestrian heads, signal heads, lenses, lamps and signal poles, etc.).

2. Controller Cabinet Mounting: Check the snugness of the nuts on the traffic signal cabinet anchor bolts, tighten, if necessary, being sure not to distort the cabinet door opening by over tightening.

3. Controller Cabinet Foundation Seal: If standing water or evidence of water is present inside the bottom of the cabinet, check the seal between the bottom of the foundation for deterioration, and to report the need to reseal the cabinet foundation as necessary.

4. Door Gaskets: Check all door gaskets on the controller cabinet, service cabinet and any other enclosures of evidence of moisture or deterioration. Report the need to completely replace any gaskets showing signs of leaking or deterioration.

5. Cabinet Vents: Check the vents in both the cabinet door and above the door, or at the top of the cabinet to ensure that they are free of any foreign material.

6. Air Filter: Vacuum, wash, replace or knock out any dust accumulated in air filters.

Take appropriate action based on the condition of the filter.

7. Cabinet Fan: Verify that cabinet fans(s) operate properly with a minimum of noise.

8. Thermostat: Verify that the cabinet fan thermostat is set at 96 degrees.

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9. Interior Light: Verify the proper operation of the cabinet’s interior light.

10. Door Panel Harnesses: Check the harnesses leading from the main panel and auxiliary panels on the cabinet door to ensure they are not being pinched and do not bind against the cabinet door. Adjust, if necessary.

11. Hinges and Locks: Check the free movement of all doors, latching assemblies and locks on the controller cabinet, service cabinet and any other enclosures. Use a minimum of oil or spray lubricant and remove any excess.

12. Vacuum Cabinet: Blow or brush off shelves, terminal blocks and components and thoroughly vacuum the interior of the cabinet.

13. Ensure detectors are detecting.

14. Insect or Rodent Infestation: Check for signs of ants, wasps or other insects or rodents within the cabinet. Use appropriate insect traps or powders if any positive findings are discovered. More serious problems shall be reported to the City.

15. Cabinet Grounding: Using appropriate equipment, check annually the resistance between AC and ground.

16. Service Connections: Verify the neutral, ground and power connections are secure in the controller and service cabinets.

17. Plug-In Components: Check that each plug -in component (rack mount detectors, relays, load switches, etc.) fits tightly and securely.

18. Ground Fault Receptacle: Verify the proper operation of the “Test” and “Reset” buttons on GFCI type outlets.

19. Intersection Records: Ensure that all intersection cabinet wiring diagrams are present and up to date.

20. Verify pedestrian push buttons operate.

21. Controller Operation: Manually place vehicle and pedestrian calls on each phase 4 through the cabinet test switches or the controller keypad, to verify controller servicing of each active phase. Check controller logs for any faults that have occurred and make note for the file. Verify signal timing is current with timing sheet in cabinet. Confirm controller time and dates are correct. (Especially after daylight savings time change).

22. Conflict Monitor/Malfunction Management Unit: Verify time and dates are correct in any CMU/MMU with an internal clock.

23. Detector Operation (inductive loops): Verify the detection zones for each detector by observing the turn-on of the appropriate detection indicator as a vehicle passes over the detector loop(s). Check also that a call is placed on the correct controller phase.

24. Detector Operation (video detection): Verify camera operation by monitoring the vehicle call on the video controller unit. Also, verify the calls going to the detector call page in the controller.

25. Equipment Displays and Indicators: Verify that all LED and LCD displays and indications on all cabinet equipment are working properly.

26. Verify operation of signal indications.

27. Pre-Emption Devices: Test any pre-emption devices for proper operation.

28. System Telemetry: Check the operation of telemetry on controller display and phone modem, if equipped, located in the cabinet. Report any malfunction immediately.

29. Battery Back-Up System: Check battery backup display for AC IN, UPS OUTPUT, and INVERTER indications. All should be on when utility power is supplied to the cabinet.

Also, check battery level and load level displays. Test batteries quarterly. Make note if either is out of range. Keep records of events recorded and total battery run time between maintenance checks to help indicate problem intersections.

30. Check all battery connections to ensure they are clean and secure.

31. Safety Lighting (Night Check): Institute a routine nighttime check of safety lights and illuminated street name signs at all signalized intersections every other month and

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submit a report and an estimate for any repairs necessary to the City for approval.

Routine Maintenance: Intersection Walk-Around (Once every 2 Months)

1. General: Remove any easily removable, unauthorized signs, stickers and posters and note any graffiti existing on signal poles or equipment. Notify City of any graffiti observed on traffic signal equipment.

2. Signal Heads: Verify that all vehicle and pedestrian heads properly display all indications and the signals are not damaged. Verify the alignment of all heads to the intended direction. Verify that all back plates, visors and doors are visibly secure. Report any landscaping that restricts the view of signal heads to the City (Signal heads should be visible from 250 feet). Labor and material costs to replace malfunctioning displays with Caltrans approved LED units will be paid in addition to the established flat rate fee per intersection.

3. Pedestrian Equipment: Check all pedestrian push buttons (and bicycle push buttons where provided) and signals by hand to ensure that they are securely mounted and operating properly. Replace damaged or malfunctioning buttons with larger size ADA type buttons as necessary.

4. Internally illuminated street name signs (IISNS): Verify that the IISNS is adequately connected to frame, clamp and brackets, and no panel is broken or missing.

5. Miscellaneous: Check all detector loops for sealant deterioration, exposed wire, etc.

Semi-Annual Maintenance

1. Uninterrupted Power Supply (Back-up) System
▪ Load test all batteries and record on paper and with silver marking pen on each battery the date and load test results.
▪ Perform 15-minute test
▪ Verify bypass switch is operating properly
▪ Verify unit is set for 50% fully operation and 50% red flash ▪ Inspect and test battery charging system.

2. Video Detection System (where applicable): Ensure proper operation, clean video detection camera lens as needed.

3. Signal Lenses and Signs: Clean and polish all signal lenses and reflectors, align all signal heads and adjust all mast arm mounted street name signs.

4. Terminal Connections: Test, semi-annually or following any wiring repair, each terminal screw by backing off slightly then retightening to confirm that it is secure.

5. Air Filter: Clean or replace the air filter element in all controller cabinets so equipped at least once each six (6) months and shall note in the monthly report any filter replacement. Wash or replace all air filter elements in all cabinets, so equipped, within three (3) months after the execution of this contract and note in the monthly report the date the filter elements are cleaned or replaced.

Replace the Air Filters at least once each (6) Months or unless otherwise approved by the Engineer.

6. Check: All pull boxes for structural defects, insect or rodent infestations, and properly secured lids.

7. Verify timing charts to controllers. If they are not correct contact City staff to verify differences.

8. Report significant areas of rust on cabinet exterior and signal poles to City staff.

9. Cabinet door locks and padlocks shall be lubricated with graphite lubricant or equivalent and maintained in good working order. Any missing or damaged

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locks shall be replaced and/or repaired.

Electrical Services
Provide a California Certified General Electrician on staff or on-call for electrical work.

Work includes wiring, circuits, service cabinets, grounding, and NEC-compliant repairs.

Traffic Control and Safety
Provide and maintain traffic control per California MUTCD, Part 6.

Ensure all staff are trained and certified in IMSA Work Zone Temporary Traffic Control.

Provide PPE, cones, arrow boards, and other safety equipment at no additional cost to the City.

Staffing Requirements

1. Project Manager – IMSA certification desirable.

2. Supervisor/Lead Technician – IMSA Traffic Signal Technician Level II or higher.

3. Traffic Signal Technicians – IMSA Level II, CPR/First Aid, bucket truck certified.

4. Licensed Electrician – California Certified General Electrician.

5. Inspector– IMSA Traffic Signal Inspector Certification preferred.

Equipment Requirements
Contractor shall supply and maintain, at no cost, to the City:

1. ANSI-compliant bucket/boom truck.

2. Signal and conflict monitor testing equipment.

3. Portable generator for emergency use

4. Traffic control equipment (cones, arrow boards, signage)

Emergency Telephone Number and Call Center
Contractor shall furnish an emergency telephone number to receive customer comments and requests regarding the services contained in this Request for Proposal.

1. The emergency telephone number and call center shall serve as the hotline for unscheduled maintenance and personnel should be available 24 -hours a day, 7 days a week.

2. The call center shall maintain records of all phone calls that detail what was reported, where it was reported, and the date & time of calls received.

3. Compensation for the emergency telephone number and call center shall be included in the flat rate cost of maintaining each intersection.

Records
The selected contractor shall develop and maintain preventative maintenance checklists, inventory lists and provide updates for all as-built plans of the City intersections. These records shall be used in developing proposed upgrades.

1. Intersection Records:
a. Inventory List: Maintain an inventory list of the equipment in the controller cabinet at each location. The inventory list shall include the model, manufacture, serial number and quantity of each piece of equipment and installation date. The inventory list shall continually be updated and a copy shall be furnished to the City every six months.
b. Preventative Maintenance (PM) Checklist Form: Maintain a copy of the Preventive Maintenance Checklist Form approved by the City at each intersection. The PM checklist form shall be

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completely filled out during each routine maintenance
inspection and during any time repairs are made to the
controller or any related equipment in the controller cabinet or the signal equipment at the intersection (detector loops, pedestrian heads, signal heads, lenses, lamps and signal poles, etc.).
c. A copy of the three most recent PM Checklists shall be provided in each controller cabinet detailing the date and time the cabinet was checked.
d. Provide and maintain an 11x17 copy of the As-built Traffic Signal Plan in the traffic cabinet.

2. Emergency Telephone Call Center Records: A digital record of emergency call center records shall be available for review.

3. Pending Repair List: Provide a monthly report of all pending repair work needed at each intersection.

4. Environmental Compliance Records: Maintain adequate records to demonstrate compliance with Best Management Practices and established environmental standards.

5. As-built Plans Updates – Provide updates on as -built plans and communicate them to the designated city representative.

Reports
The contractor shall maintain books, documents, papers, employee time sheets, accounting records and other evidence pertaining to the costs while performing under this agreement and for three (3) years from the date of final payments for inspection by the City and copies of thereof shall be promptly furnished to the City upon request.

The City reserves the right to audit all of the contractor’s records related to the work performed under the agreement.

1. Monthly Activity Report: Provide a computerized monthly activity report to the City by the fifteenth working day of each month for the previous month. The report shall be provided both as a printout and as a Microsoft Excel Spreadsheet compatible computer file transmitted by e -mail or on a media storage unit (USB Flash Drive) and shall include the following:
a. Time the service calls and emergency calls were received, time arrived at the intersection, the response time, the number of hours spent on each repair, materials used, and a special listing of intersections with three or more calls in one month. b. A complete record of all work that was performed on the traffic signal equipment during the previous month including the make, model, and serial number of any major components or other equipment that was newly installed at each intersection. c. Time and date the PM work was performed.

1. Incident Reports: The successful contractor shall be required to complete Incident Reports arising out of any unusual occurrences during performance of this contract. Such reports must be submitted to City of Bell for review within forty-eight (48) hours and shall be submitted after incidents such as complaints, requests, damaged personal and/or public property, or environmentally sensitive discharges and observations within the public right of way.

2. Accident Reports: Any vehicle accidents or personal injury occurring during or as a result of this contract shall be reported to City of Bell by telephone immediately during normal business hours or not later than 8:00 a.m. the following day (regardless of the amount of damage or lack thereof) and a

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police report must be immediately obtained from law enforcement agency that responded to accident. The contractor must submit written Accident Reports to the City within twenty-four (24) hours of any accident.

3. Activities Reports: The Contractor shall furnish a report with each month’s billing giving the amount and type of work completed, the location of the work completed, and any and all materials and equipment utilized in the completion of the work. The contractor will also provide any additional reports requested by the City.

4. Criticism and Initiative: The Contractor shall work closely with the City to make the service as responsive, cost effective, and complaint -free as possible.

Contractor shall also make recommendations to the City for maintenance work that may be required as part of maintenance and operations of the public infrastructure.

5. Complaints: The contractor shall institute a procedure for receiving, logging and resolving customer and citizen complaints by collecting pertinent information and deriving a resolution. Complaints and their resolution shall be reported to the City of Bell within 10 days of their receipt.

Traffic Signal Interconnect Systems
Provide a quarterly (i.e. every three months) systems check to ensure traffic signal interconnect systems function in accordance with the timing plans. Investigate and determine causes for any performance issues (i.e. faulty pedestrian bush buttons, faulty vehicle detection, faulty communication, etc.) and recommend appropriate repairs necessary for system operation in accordance with the timing plan.

Compensation for all traffic signal interconnect systems maintenance work as identified above will be considered as included in the established flat rate fee paid per intersection for routine Preventative Maintenance work, in accordance with the cost schedule set forth in Exhibit C, included in this request, and completed and returned by the selected contractor in its proposal. No additional or separate payment will be made for monitoring the function and operations of traffic signal interconnect systems. Compensation for any necessary repairs and/or improvements of the traffic signal interconnect systems will be paid as Extra Work.

Underground Service Alert (Dig Alert) Monitoring & Marking The selected contractor will be required to adequately mark all traffic signal conduit and equipment on behalf of the City in accordance with California Government Code Section 4216 et seq. The City's designated representative will monitor notifications submitted by Underground Service Alert (USA) to the City and will furnish applicable notifications to a representative of the selected contractor to coordinate the marking of any signalized intersections that may be scheduled for construction work or excavat ions as evidenced by notification from USA. The selected contractor shall establish a process for monitoring and tracking the marking of any affected intersections; an intersection record log shall be created, with the USA notification and corresponding action noted in the controller, with a copy provided to the City. The selected contractor shall assume all liability for satisfying the City's obligations to adequately identify underground structures in accordance with this law.

Compensation for providing USA - Dig Alert services identified above will be paid at a flat rate per occurrence in accordance with the cost schedule set forth in Exhibit “C”, included in this Solicitation and completed and returned by the selected contractor in its Proposal. No additional or separate payment will be made for daily travel time from the selected contractor's base of operations to the City.

Unscheduled Maintenance of Traffic Signal Control Equipment Unscheduled/emergency work includes, but is not limited to the following:

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1. Emergency response to Knock Downs within (2) hours of being reported through the emergency call center or by the city. Knock down response shall include all efforts to clear the intersection and restore public safety.

2. Emergency response within two (2) hours after City's notice of the following events:
▪ Any signal controller malfunction;
▪ Burned out red, yellow, green ball or arrow display;
▪ Other situations that is potentially hazardous to public safety

The replacement of burned -out lamps need not be on an after-hours "emergency" basis provided that there is one (1) such signal indication still operative for each direction of travel and the minimum safety standards are met. Such replacements will be completed within twenty-four
(24) hours. Notify the City within twenty-four (24) hours of any change in traffic signal operation caused by controller replacement, timing changes, and loss of master control or traffic collisions.

3. Repair of knock downed signal heads, poles, damaged controller and cabinet, damaged internally illuminated street name signs, damaged inductive loops, sensing elements, pedestrian push buttons, electroliers, pedestrian signal heads, wiring, and other operational equipment relat ed issues.

4. Assisting the City in special events or for City construction projects, as necessary to implement revised traffic signal timing and phasing for changed traffic conditions.

5. Repair, replace or otherwise render in good working order any and all defective parts of the traffic signal equipment with like make and model parts for temporary and permanent replacements, except as individually agreed upon by the City.
a. The contractor shall provide materials for permanent repairs, used in the repair or replacement of City equipment. The City shall reimburse the selected contractor for materials used for permanent repairs, in an amount equal to the cost of the materials including an agreed mark-up price.
b. No permanent change of control mechanisms shall be made without prior approval of the City. Whenever equipment is removed from the controller cabinet, the City shall be notified by phone within 24 working hours, except weekends and
holidays.
c. Contractor shall notify the City in advance of any traffic signal de- activations that may be required to provide the required services. Traffic signal de -activations shall not be scheduled without the approval of an authorized representative of the City. All traffic signal controller equipment shall be maintained as recommended by the manufacturer.
d. The selected contractor shall cover the cost for replacing any parts to the controller mechanisms under the provisions of the preventive maintenance program. When entire controller
mechanisms become obsolete or are deteriorated beyond
repair, the selected contractor shall report such conditions to the City and provide satisfactory evidence that a replacement is necessary. Prepare estimates showing the cost breakdown of material and labor for replacement of such controller

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mechanisms and submit this information to the City.

Replacement of an entire controller mechanism, if ordered by City, shall be paid for as extra work.

Compensation for unscheduled maintenance work identified above will be paid at the hourly labor rates, and vehicle and equipment rates, in accordance with Exhibit “C”, included in this RFP and completed and returned by the selected contractor in its proposal. Compensation for travel time shall be included in the payment for unscheduled or emergency work for those calls originating between 5:00 PM to 8:00 AM, for the actual travel time to the City, up to a two (2) hour maximum.

Extra Work
Includes, but is not limited to the following:

1. Non-maintenance work that involves significant upgrades and/or replacement of components to improve the operation of traffic signals. “Extra Work” requires a proposal and city approval prior to commencing.

2. Traffic Signal and Pedestrian Signal Indications: Replace or repair standard traffic signals (red, yellow and green) and pedestrian signal display units as they malfunction upon authorization from the City. All traffic signal and pedestrian indications shall be Caltrans approved LED units only.

3. Replacement of controllers, cameras, and battery backup systems will require approval of city prior to replacement. Serial number of units removed will be recorded and the unit delivered to the City Yard.

General maintenance activities that require periodic replacement of minor parts will not require City approval.

Monitoring Emergency Calls
Emergency calls that require replacement of equipment to meet minim um safety standards of the intersection will not require approval from City before such replacements are commenced.

Additional staffing shall be provided where responding technician cannot handle emergency work alone (knockdowns, wire pulls, etc.).

At the time the on -call traffic signal technician is notified of an emergency, he will call the designated City representative. If the designated representative is not available, then an email will be sent to the designated city representative:

Upon completion of emergency work, the designated city representative shall be notified through a phone conversation or email regarding the work that was completed.

Upgrades
The selected contractor will be expected to maintain any additional traffic signals, their records, and appurtenant devices as they are installed, or become a part of the maintenance requirements of the City.

Upgrades are considered extra work and may include but are not limited to the following:

1. Replacement of existing non-operative equipment that is not required to meet minimum safety standards

2. Enhancing and upgrading equipment as needed and warranted

3. Installation of new controller equipment, signal cabinets, video cameras, signals heads, signal poles battery backup systems, new software, and software updates, and related wiring

When requested by the City the contractor shall provide an extra work proposal to install,

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modify or upgrade traffic signals or electrical or mechanical traffic control or traffic safety devices.

No upgrade work shall be commenced or undertaken unless authorized by the City as extra work. Said authorization is a condition precedent to receiving any reimbursement for upgrade work. Work shall be performed in accordance with the Standard Plans (current) and Section 86 of the Standard Specifications (current) for the State of California, Department of Transportation and any City of Bell special provisions. This work shall be performed within a time limit established by the City and for a mutually agreed upon price.

The City will retain the right to perform any additional work by use of City forces or, in the alternative, to advertise such work for bid.

New Traffic Signals
The selected contractor shall be required to coordinate with the City's designated representative when any new traffic signals are installed by another contractor under contract with the City (City Installed Traffic Signal), or by another contractor under contract with a private party (Developer Installed Traffic Signal). The City shall assume all responsibility for coordinating construction inspection of new traffic signals, whether a City Installed Traffic Signal or a Developer Installed Traffic Signal, up to, but prior to, final acceptance of work and traffic signal activation. When requested by the City, the selected contractor shall coordinate with the City's designated representative when notified that a new traffic signal is to be activated. The selected contractor shall participate in a walk-through of the new traffic signal improvements with the City's designated representative to determine that the new traffic signal improvements will function as designed. When scheduled, the selected contractor shall attend the traffic signal activation and shall participate in confirming that all components of the new traffic signal improvements are operational with the City's designated representative and the installing contractor. The selected contractor will be responsible for assuming maintenance responsibilities for all new traffic signals following activation.

Compensation for reviewing and maintaining new traffic signals as identified above will be paid at the hourly labor rates, and vehicle and equipment rates, in accordance with the schedules set forth in Exhibit A, Exhibit B, and Exhibit C, included in this RFP and completed and returned by the selected contractor in its proposal.

Warranty Service
During the period of warranty, the selected contractor will be required to coordinate all communication between manufacturer, installing contractor and the City regarding any warranty service; and to notify the City of any undue delays in response by the manufacturer or installing contractor; and may be asked to provide details of each incident. No additional, or separate, compensation shall be paid for warranty service work, which shall be considered as included in the compensation paid for services provid ed in relation to upgrade work or traffic signal inspection.

Meetings
The assigned traffic signal technician shall be available to meet with the City's designated representative on a bi-weekly basis or as needed at a mutually agreed upon time and place in the City to review and establish schedule and maintenance priorities. The assigned traffic signal maintenance supervisor shall be similarly available to meet with the City's designated representative on a monthly basis. No additional, or separate, compensation shall be paid for attending meetings, which shall be considered a s included in the compensation paid for all the various services provided hereunder.

Key Performance Indicators (KPIs)

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The Contractor will be evaluated based on the following minimum KPIs:

1. Response Time Compliance
• 95% of emergency calls within 1 hour.
• 90% of urgent calls within 4 hours.
• 90% of routine calls within 24 hours.

2. Preventive Maintenance Compliance: 95% of intersections inspected quarterly.

3. Temporary Signal Restoration: 95% compliance with 2-hour standard.

4. Work Order Completion: 90% of non -emergency repairs completed within 7 days.

5. Reporting Accuracy: 100% compliance with monthly/quarterly reporting.

6. Customer Service: Less than 5% of calls resulting in substantiated complaints.

F) INSTRUCTIONS TO CONTRACTORS AND PROCEDURE FOR SUMBITTAL

1. Submission of Proposal:

Proposals must be submitted online at:

https://procurement.opengov.com/portal/cityofbell

City will only accept proposals submitted online via OpenGov on or before the Proposal Due Date specified in this RFP. Refer to Invitation Number “RFP# PW25-006.” Interested contractors must be registered on the City’s OpenGov portal to participate in this RFP.

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

2. Questions and Addenda:

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

If clarification or interpretation of this solicitation is considered necessary by the City, a written addendum shall be issued on OpenGov. Any interpretation of or correction to this solicitation will be made only by addendum issued through OpenGov. It is the responsibility of each Proposer to ensure that they have received and reviewed all addenda to this RFP. For technical support with the OpenGov system, contact OpenGov at (650) 336-7167.

3. Validity of Proposals:

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

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

5. Contractor RFP Examination:

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

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6. Proposal Compliance:

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

7. Proposal Rejection:

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

8. Pre-Contractual Expenses:

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

9. Negotiations:

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

10. Term:

The term of this contract shall be for a period of three years and may be extended annually, solely based on the discretion of the City, for up to two additional one-year terms.

The City reserves the right to cancel the contract any time upon thirty (30) days prior written notice to the Contractor of its intent to terminate.

11. Protest Procedure:

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

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

At the time of the filing, the protest shall be:

a. Submitted on the Contractor’s formal letterhead and include the Contractor’s

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company name, address, phone number and the name and title of the individual filing the protest;

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

If the protest does not meet these requirements, the City will reject it without further review. If the protest is submitted on time and complies with all the above requirements, the Director of Finance or his/her designee, shall review the protest and all relevant information submitted by the protestor. The City will provide a written response to the protestor. The City has the right to respond to any protest until the date on which the contract is awarded by the Bell City Council.

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

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

12. Local Business Preference:

The City of Bell has adopted a Local Business Preference Ordinance (Ord. 1192 § 1, 2013) in order to promote City businesses. The terms of the ordinance provide the City with the option of reducing bids from qualified local vendors by five percent (5%) or $15,000 dollars, whichever amount is lower in determining the lowest responsible bid. Contract or Purchase Order will be awarded at the preference bid amount. If your company is located within the City, you may qualify for this preference under the guidelines of the Local Business Preference Ordinance. To comply under the terms of the local Business Preference Ordinance, companies must meet the following criteria: (1) The business has a current City of Bell business tax certificate; and (2) the local sales tax generated by the business is allocated to the City of Bell.

13. California Wage Rate Requirements:

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

14. Department of Industrial Relations (DIR) Compliance:

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

15. Registration with the Department of Industrial Relations:

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

*** End of Section I ***

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SECTION II: MINIMUM QUALIFICATIONS AND PROPOSAL REQUIREMENTS

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

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

2. Must possess a valid California State Contractor’s License to perform the work as specified in the Scope of Services within this RFP (Section I).

3. Must have qualified personnel with current certification of at least Level II Traffic Signal Technician or higher from the International Municipal Signal Association (IMSA) throughout the entire duration of the contract.

4. Must have qualified personnel and adequate equipment to perform all services required under the Traffic Signal Maintenance and Repair Agreement.

5. Must have a proven track record of providing traffic signal maintenance and repair services to at least three (3) cities or other government agencies within the past five (5) years.

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

A) COVER SHEET:

Submit the completed RFP cover sheet.

B) LETTER OF TRANSMITTAL:

A one-page Letter of Transmittal shall be addressed to Kenneth Jones, Public Works Manager, and shall, at a minimum, contain the following information:

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

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

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

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

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

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

C) TECHNICAL PROPOSAL

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

This section should include, at a minimum:

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

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

c. Performance References
i. Provide a list of City and or County clients for whom you have provided traffic signal maintenance and repair services, the length of time service s have been provided along with contact information including name, phone and email address. (Minimum of four)

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

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

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

3. Means and Methods of Approach
a. This section should clearly describe the methodology to be used to carry out the specific work tasks described in the Work Plan, including descriptions of the type(s) of equipment to be utilized in the City. Describe the Contractor’s understanding of the City and the work to be completed.
b. Describe the sequential work tasks you plan to carry out in completing this contract.

Indicate all key deliverables and their contents.

4. Fee Proposal (Use Form provided As Exhibit “C” – Schedule of Compensation in the Services Agreement, Section IV)
The Fee Proposal form is provided in Exhibit “C’ of the Services Agreement, Section IV. Contractor shall define the fee schedule/pricing information for the services. DO NOT INCLUDE YOUR FEE PROPOSAL WITH YOUR TECHNICAL PROPOSAL.

This original fee proposal must be submitted and received on OpenGov by the RFP due date and specified time.

Pricing shall remain fixed for the f i r s t 3 y e a r s o f t h e c o n t r a c t . I f t h e C i t y e x e r c i s es t h e o p t i o n t o e x t e n d t h e t e r m o f t h e c o n t r a c t b e y o n d t h e i n i t i a l 3 - y e a r t e r m , t h e n t h e c o n t r a c t o r m a y r e q u e s t a n a d j u s t m e n t t o i t s f e e b a s e d o n t h e C o n s u m e r P r i c e I n d e x f o r A l l U r b a n C o n s u m e r s ( C P I- U) f o r L o s A n g e l s , L o n g B e a c h- A n a h e i m f o r e a c h a d d i t i o n a l y e a r t h e t e r m i s e x t e n d e d .

Additional Documents to Submit with Technical Proposal in OpenGov:

Complete and submit the cover page and documents at the end of Section II with Proposal through OpenGov

a) ADDENDA ACKNOWLEDGEMENT/SIGNATURE
b) CONFLICT OF INTEREST STATEMENT

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c) ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS

5. Appendices (limit: 5 pages)

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

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ADDENDA ACKNOWLEDGEMENT/SIGNATURE

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

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

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

Respectfully submitted,

Contractor Signature Date

Print Name / Title

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

Telephone Number Email Address

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CONFLICT OF INTEREST STATEMENT

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

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

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

Contractor Signature Date

Print Name / Title

Proposing Company Name

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ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS

I, ,the _________________________________
(Title)

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

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

(Contractor’s Company Name)

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

coverages specified.

Authorized Signature Date

*** End of Section II ***

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III. SELECTION PROCESS

All timely submitted proposals will be reviewed to ensure they meet the minimum qualifications and requirements. Proposals that fail to comply with RFP specifications, lack required content or quality, or include unacceptable exceptions to the Contract Services Agreement may, at the City’s discretion, be disqualified from further consideration.

An evaluation committee composed of City of Bell staff will review and assess all qualifying proposals. The City will serve as the sole and final judge of compliance, quality, and overall merit.

Selection will not be based on any single factor, including price. Instead, the City reserves the right to award the contract in any manner deemed to be in its best interest, including negotiating with one or more Contractors for the same services.

Proposals will be evaluated based on responsiveness to the City’s requirements and the overall value offered, considering both cost and the quality of services proposed. Additional evaluation factors include the Contractor’s qualifications, financial stability, and relevant experience. Failure to meet any RFP requirement may result in rejection.

The City will consider the following in selecting a contractor.

Appropriate Licenses or certifications

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

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

c. The number of employees, as well as the experience and qualifications of key personnel and subcontractors (if any), including relevant technical expertise and their availability to perform the required services. A clearly outlined staffing plan that demonstrates the adequacy of personnel to provide 24/7 emergency response, identifies the qualifications of the Project Manager, Supervisor/Lead Technician, and support staff, and describes the proposed on-call support and backup personnel. Once a Contractor is selected, no substitution of key staff or subcontractors will be permitted without prior written approval from the City.

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d. Safety and Equipment Operating Procedures Manual - A copy of the Safety and Equipment Operating Procedures Manual shall be submitted with the proposal. Summarize training provided to employees who are responsible for traffic signal maintenance and repair.

e. Bi-lingual speaking Capacity –
The ability to effectively communicate in English and Spanish is desirable.

f. Preference for hiring local residents –
Should the selected individual/Contractor require the hire of new employees as a result of a citywide traffic signal maintenance and repair services contract with the City, the selected individual/Contractor agrees to conduct outreach in the City and give preference for qualified applicants residing in the City. The selected individual/Contractor will provide evidence of job recruitment efforts.

g. The account manager, or contact person, assigned to the City will be a consideration in the selection. Qualifications and prior experience in similar programs and activities must be demonstrated in the proposal. Once selected, the account manager, or contact person, assigned to the project or contract shall not be changed without prior written consent of the City.

h. An organizational chart shall be submitted with the proposal.

i. Demonstrated understanding of the scope of services requested as well as capacity of Contractor.

j. Financial stability of Contractor.

2. Performance (30 points)
a. Professional experience in performing tasks similar in scope and complexity. b. Demonstrated experience providing traffic signal maintenance and repair services for California cities or public agencies of similar size and complexity. Includes references, history of successful contract delivery, and knowledge of Caltrans/CA MUTCD standards. c. Contractor is required to have experience within the last five years providing streetlight maintenance and repair services to local governments and our municipalities. At the time of the proposal submittal, the Contractor shall provide, in writing, references from individuals who will be able to confirm this. A list of related projects should be included with the name of the contract person and the telephone number for which the Contractor has recently or is currently providing services as outlined under the Scope of Work.

d. Equipment – Type and number of available equipment to perform the requested work within the prescribed timeframes.

3. Understanding and approach to perform required Service (20 points) The Contractor’s responsiveness to the RFP including completeness and thoroughness of proposal; all required information must be provided in the format specified. This category will also evaluate:
a. Clear demonstration of the Contractor’s ability to provide services required. b. Quality and feasibility of proposed methodology for preventive maintenance, repairs,

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emergency response, reporting, and asset management. Includes alignment with City’s required Performance Standards and Key Performance Indicators (KPIs). c. Demonstrated knowledge of the work required.
d. Innovative approaches and internal measures to ensure timely and quality completion of work.
e. Ability to demonstrate its qualifications in a clear and compelling manner and ability to follow all directions included in this RFP.

f. Acceptance of Conditions - This Contractor shall provide a statement offering the Contractor’s acceptance of all conditions listed in the Request for Proposal document. Any exceptions or suggested changes to the RFP or any contractual obligations, including the suggested change, the reasons therefore and the impact it may have on cost or other considerations on the Contractor’s behalf must be stated in the proposal. Unless specifically noted by the Contractor, the City will assume that the proposal is in compliance with all aspects of the RFP.

4. Competitive pricing as compared to other qualified Contractor’s RFP responses (20 points) Reasonableness, clarity, and competitiveness of pricing. Evaluation includes hourly rates, emergency response rates, and preventive maintenance costs.

B) EVALUATION PROCEDURE
Each RFP will be reviewed and evaluated by each member of a selection panel established by the City. Each reviewer will use the evaluation criteria set forth in this RFP and score each proposal accordingly. Each reviewer will complete his/her review of proposals independently. The selection panel’s evaluations will be combined to determine a numerical ranking of each responsive Contractor. Proposals obtaining less than 75% of the total available points will be eliminated from further consideration.

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

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

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

D) AWARD
Award is based on the most responsive and most responsible Proposal. City shall send a Notice of Intent to Award to all Contractors via OpenGov, to announce the City’s intent to award the contract to the top-ranked selected Contractor.

The City of Bell may negotiate contract terms with the selected Contractor prior to award and expressly reserves the right to negotiate with several Contractors simultaneously. However, since the selection and award may be made without discussion with any Contractor, the proposal

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submitted should contain Contractor's most favorable terms and conditions.

E) IMPLEMENTATION

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

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

*** End of Section III ***

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SECTION IV: REQUIRED POST RFP DOCUMENTS

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

1. Contract Services Agreement

2. Certificates of Insurance (with proper endorsements)

3. City of Bell Contractors Business License

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CONTRACT SERVICES AGREEMENT

By and Between

CITY OF BELL

and

_____________________________________

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AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF BELL AND
____________________
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this ____ day of ________, 2025 by and between the City of Bell, a California charter city (“City”) and ___________________________, _________________ (“Consultant”).

City and Consultant may be referred to, individually or collectively, as “Party” or “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. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.

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

D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

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

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Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class contractors performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

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

1.3 Compliance with Law.

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

1.4 Licenses, Permits, Fees and Assessments.

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

1.5 Familiarity with Work.

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

1.6 Care of Work.

The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and s hall be responsible for all such damages, to persons or property, until

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acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

1.7 Further Responsibilities of Parties.

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

1.8 Additional Services.

City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work.

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

1.9 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 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 __________________________________

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Dollars ($______) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.

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 contract retention; (iii) payment for time and materials based upon the Co nsultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

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

2.4 Invoices.

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

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section

7.3, City will use its best efforts to cause Consultant to be paid within forty -five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided

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by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

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

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.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

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

3.4 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 three (3) 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) additional one-year terms.

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ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

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

(Name) (Title)

(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under th is Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Consultant.

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

Consultant expressly waives any claim Consultant may have to any such rights.

4.3 Contract Officer.

The Contract Officer shall be [_____________________________ or] such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to

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assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City re quired hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service.

Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employe es of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement.

Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.

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(a) General liability insurance . Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $5,000,000 per occurrence, $10,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $5,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $2,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retr oactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than five (5) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance . Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance . Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants.

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(c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbr ella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. (d) City’s rights of enforcement . In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers . All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned poli cyholders’ Rating of A - (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (f) Waiver of subrogation . All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (g) Enforcement of contract provisions (non -estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non -compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (h) Requirements not limiting . Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation . Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation

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(except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations . None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
(l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause . Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Cons ultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, al l agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications . The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additiona l cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. (o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be considered to comply with these specifications unless approved by City. (p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

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5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, contractor or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, co venant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall no t be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions o f this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assig ns of Consultant and shall survive termination of this Agreement.

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ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accou nting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

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

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific

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written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use.

Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made f or hire” for the City.

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

However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

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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 Consultant covenants and agrees to submit to the personal jurisdiction of such court in the even t 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; Default.

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

7.3 Retention of Funds.

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

7.4 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.

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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 C onsultant 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 exercis e by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.6 Legal Action.

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

7.7 Termination Prior to Expiration of Term.

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

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

7.8 Termination for Default of Consultant.

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

7.9 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 investigati ng such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

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 Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Consultant covenants that neither it, nor any officer or principal of its contractor, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consen t of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any

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decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

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

8.4 Unauthorized Aliens.

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

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

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

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.

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9.3 Counterparts.

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

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council.

The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

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

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial inte rest 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 v iolation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or conse quence of obtaining or being awarded any agreement.

Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s),

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omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials _______

9.7 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 Agreeme nt, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.

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

CITY:

CITY OF BELL, a charter city

Ali Saleh, Mayor
ATTEST:

Angela Bustamante, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP

David J. Aleshire, City Attorney
CONSULTANT:
___________________________________
By:

Name:

Title:

By:

Name:

Title:

Address:

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

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

On __________, 2025 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: ______________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

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

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

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

CA-23

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

On __________, 2025 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: ______________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

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

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

A-1

EXHIBIT “A”

SCOPE Of SERVICES
I. Contractor will perform the following Services:

Scope of Services specified in the Request for Proposals for Citywide Traffic Signal Maintenance and Repair Services and Contractor proposal is dated _________________.

II. Contractor must perform all Services in compliance with the following requirements:

A. Each task shall be indicated by a written request produced by the City with a description of the work to be performed, and the time desired for completion. All tasks shall be carried out in conformity with all provisions of this Agreement.

B. Contractor must prepare a written description of requested tasks including all components and subtasks; the costs to perform the task (“Task Project”); explain how the cost was determined; and as schedule for completion of the task (“Task Completion Date”); which shall all collectively be referred to as the “Task Proposal.” C. City shall in writing approve, modify or reject the Task Proposal, and may issue a Notice to Proceed.

D. The task shall be performed at a cost not to exceed the Task Budget.

E. Contractor shall complete the task and deliver all deliverables to the City by Task Completion Date.

III. In addition to the requirements of Section 6.2, during performance of the Services, Contractor will keep the City appraised of the status of performance by providing a monthly report.

IV. All work product 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.

B-1

EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. Section 4.6 entitled “Local Preference” is hereby added to read in its entirety as follows:

4.6 Local Preference
The City is an economically disadvantaged community with high unemployment and the City in awarding of contracts en courages the contractors to undertake their best efforts to hire locally. To that end, Contractor c ovenants it shall make its best efforts to cause all solicitations for full or part -time, new or replacement, employment relating to the services performed under this Agreement. Best efforts include having a local hiring program approved by the City (“Local Hire Program”) which requires regular re porting requirements necessary for evaluating the compliance with the Local Hire Program. In addition, the Contractor shall: (i) advertise in local newspapers regarding job opportunities, (ii) establish a point of contact to provide information about available job opportunities to the community, (iii) conduct outrea ch efforts to attract local hires, subcontractors and tradesmen, and (iv) coordinate local hire workshops with the City to educate potential local subcontractors and tradesmen about employment opportunities.”
II. Section 5.4, entitled “Performance Bond” is hereby deleted in its entirety.

III. Section 7.7, entitled "Liquidated Damages” is hereby amended in its entirety to read as follows:

7.7 Complaints: Liquidated Damages
(a) Complaints received by the City or through observation by the Contract Officer, regarding the Contractor’s performance will be transmitted to the Contractor’s office in writing, by telephone or facsimile, and handled by the Contractor. All complaints are t o receive a follow-up response within twenty -four (24) hours following notification of the Contractor. A report of the Contractor’s investigation and the corrective action taken shall be made promptly by the Contractor to the Contractor Officer. Repeat complaints may be handled

B-2

by a joint visit to the site by a City Inspector and the Contractor. Complaints received directly by the Contractor shall be submitted in writing to the City on the day such complaints are received. Contractor shall maintain a log of complaints received and corrective actions implemented which shall be submitted to the City within ten (10) days following the end of the month. Repeat complaints of poor service quality of similar nature shall be handled in the manner prescribed below. These penalties are provided to provide an alternative to Agreement termination for minor performa nce failures by Contractor. Nothing herein shall waive the right of the City to terminate the Agreement for repeated or material violations of the performance standards.
(b) An initial complaint shall be handled in accordance with the subsection (a) of this Section. (c) When the Contract Officer determines that additional violations of a similar nature have occurred within any 180 calendar day period, a written complaint shall be filed with the Contractor by the City. The written complaint shall include a description of the complaint of the Contractor’s performance and warning that the next complaint will result in the assessment of liquidated damages in the amount of $100 per incident, provided that after the fourth incident in any 180 day period the penalty shall go to $500 per incident. (d) When the Contract Officer determines that a third violation similar in nature as the previous violation has occurred within 180 days of the material violation, a written complaint shall be filed with the Contractor by the City. The written complaint shall include a description of the compliant of the Contractor’s performance, and of the penalty therefore. The Contractor Officer and/or designee shall meet with the Contractor within five (5) working days and develop a written corrective action plan to prevent further occurrence of the problem. The corrective action plan shall be prepared by the Contractor within ten (10) working days after the meeting between the Contract Officer and/or designee and Contractor. The corrective action plan is subject to the approval of the Contract Officer. (e) If repeated violations continue, the City may provide notice of termination in accordance with Article 7.

C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION

CITYWIDE TRAFFIC SIGNAL MAINTENANCE & REPAIR SERVICES

Please complete the form below, providing itemized costs for each service category. All costs must include labor, materials, equipment, administration, and any associated overhead.

Base Annual Services
Service Category Estimated
Frequency
Unit Cost ($) Annual Total ($)

1. Emergency Telephone Number
and Call Center
Monthly $__________ $__________________

2. Routine Maintenance (Per
Intersection)
Monthly $__________ $__________________

3. Routine Maintenance
Intersection Walk-Around
Six (6) times per
year (every 2
months)
$__________ $__________________

4. Semi-Annual Maintenance Two (2) times per
year (every 6
months)
$__________ $__________________

5. Traffic Signal Interconnect
Systems Check
Quarterly (every 3
months)
$__________ $__________________

6. Underground Service Alert (Dig
Alert) Monitoring & Marking
Monthly $__________ $__________________

7. Required Reporting Monthly $__________ $__________________

8. Records (Develop and Maintain) Annual Lump Sum $__________ $__________________

TOTAL BASE ANNUAL COST
$__________________
Extra Works: Labor and Equipment Cost
Service Category Estimated
Frequency
Unit Cost ($)

1. Project Manager Hourly $__________

2. Supervisor/Lead Technician Hourly $__________

3. Traffic Signal Technician Hourly $__________

4. Licensed Electrician Hourly $__________

5. Inspector Hourly $__________

C-2

6. ANSI-compliant bucket/boom
truck
Hourly $__________

7. Signal and conflict monitor
testing equipment
Hourly $__________

8. Portable generator Hourly $__________

9. Traffic control equipment (cones,
arrow boards, signage)
Hourly $__________
Bidder Information
Company Name: ___________________________________________ Contact Name: ___________________________________________ Title: ___________________________________________
Phone: ___________________________________________
Email: ___________________________________________
Authorized Signature: ___________________________________________ Date: ___________________________________________

D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Contractor shall perform all Services in accordance with the procedures set forth in RFP scope of services.

II. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect for three (3) years from the date hereof (the “Term”).

The City Council may, in its sole absolute discretion, extend the Term by two (2) one -year extensions so long as funds have been appropriated for the Services under this Agreement.

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

EXHIBIT “E”

MAP AND LIST OF CITY OF BELL TRAFFIC SIGNALS

Wilcox Ave & Florence Ave
Traffic Signal
Rail Line
Street / Highway
City Limit Boundary

710

Miles

0 0.25

0.5 710

Intersections with Traffic Signals
Acacia St & Wilcox Ave
Atlantic Ave & Florence Ave
Bandini Blvd & Amelia Earhart Way
Bandini Blvd & S Eastern Ave
Bandini Blvd & Yeager Way
Bear Ave & E Florence Ave
Bear Ave & Gage Ave
Bell Ave & Atlantic Ave
Bell Plaza (shopping center) & Atlantic Ave
Brompton Ave & Atlantic Ave
California Ave & E Florence Ave
Crafton Ave & Florence Ave
E Gage Ave & S Atlantic Ave
Flora Ave & E Florence Ave
Gage Ave & Wilcox Ave
Gifford Ave & Gage Ave
Heliotrope Ave & Gage Ave
Orchard Ave & Gage Ave
Otis Ave & Bell Ave
Otis Ave & E Florence Ave
Otis Ave & Gage Ave
Pine Ave & Gage Ave
Prospect Ave & Gage Ave
Randolph St & Atlantic Ave
Rickenbacker Rd & S Eastern Ave
S Maywood Ave/California Ave & Gage Ave
Vinevale Ave & Florence Ave
Walker Ave & Florence Ave
Walker Ave & Gage Ave
Walker Ave & Gage Ave
City of Bell
G:\PROJECTS \BELL \StreetLighting_&_TrafficSignals \Bell_TrafficSignal_Map.mxd JS 1/9/2014 Salt Lake

NOTICE OF AWARD

TO: (CONTRACTOR) FOR CITYWIDE TRAFFIC SIGNAL MAINT/REP SERVICES:
___________________________________________
Public Works Division

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

price of $ .

You are required by the "SECTION IV REQUIRED POST RFP DOCUMENTS" to execute the documents specified within ten (10) days from the date of mailing this Notice. Please sign one copy of the Notice of Award upon receipt and return.

RECEIVED:

CONTRACTOR THE CITY OF BELL

By: By:

Kenneth Jones
Public Works Manager

(Title)

(Date) (Date)

N-1

NOTICE TO PROCEED

TO: (Contractor) DATE:

From: Kenneth Jones
Public Works Manager, City of Bell

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

Citywide Traffic Signal Maintenance and Repair Services Public Works Department Services Division

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

DOCUMENT:

The Agreement Fully Executed ( )
Workers' Compensation Insurance Certificate ( )
Liability Insurance Policy or Certificate ( )
Insurance Forms ( )

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

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

Kenneth Jones
Public Works Manager

N-2

01135.0005 2065152.2 12/3/2025
AMENDMENT NO. 3

TO AGREEMENT FOR CONTRACT SERVICES

THIS AMENDMENT TO THE AGREEMENT FOR CONTRACT SERVICES
(“Amendment”) by and between the CITY OF BELL, a California municipal corporation (“City”), and CSG Consultants, Inc., a California corporation (“Consultant”) is effective as of the ______ day of __________________ 2025.

RECITALS

A. City and Con sultant entered into that certain Agr eement for Contractual Services in May 2024 (“Agreement”) whereby Con sultant agreed to provide Planning and Project Management Services.

B. City and Consultant entered into Amendment No. 1 dated July 24, 2024 whereby City and Con sultant amended the Agreement to reduce the term from three (3) years to one (1) year, increase the Contract Sum by $25,000.00 from $25,000.00 to $50,000.00, and revise d the Schedule of Performance.

C. City and Consultant entered into Amendment No. 2 dated April 9, 2025 whereby City and Consultant extended the Agreement for one (1) additional year from May 2025 to May 2026 and increase the Contract Sum by $80,000.00 from $50,000.00 to $130,000.00.

D. City and Consultant now desire to increase the Contract Sum by $ 90,000.00 from $130,000.00 to $2 20,000.00 to continue to do Economic Development projects that are high priorities projects on the planning side and exercise its final extension term for one (1) year from May 2026 to May 2027.

E. Except as amended hereby, this Amendment is subject to the same terms and conditions as provided in the Agreement, Amendment No. 1, and Amendment No. 2.

TERMS

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

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

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 Twenty Thousand Dollars ($2 20,000.00) One Hundred Thirty Thousand Dollars ($130,000.00), unless additional compensation is approved pursuant to Section 1.8.

01135.0005 2065152.2 12/3/2025
b. Exhibit C, “Schedule of Compensation,” is hereby amended and shall now read as follows:

c. Exhibit D, “Schedule of Performance,” is hereby amended and shall now read as follows:

Task Completion Date
A. In & Out: Complete City approval and
entitlement process
Three (3) Years Two (2) Years from Notice to
Proceed
B. Stackyard: Complete City approval and
entitlement process
Three (3) Years Two (2) Years from Notice to
Proceed
C. City Ventures : Complete City approval
and entitlement process
Three (3) Years Two (2) Years from Notice to
Proceed
D. Evergreen: Complete City approval and
entitlement process
Three (3) Years Two (2) Years from Notice to
Proceed
E. Other Duties and Tasks On-Call Basis
TOTAL $220,000.00 $130,000.00
***The City’s City Manager retains the right extend the Completion Date by six (6) months.

Task Cost
A. In & Out $44,000.00 $20,000.00
B. Stackyard $44,000.00 $20,000.00
C. City Ventures $44,000.00 $20,000.00
D. Evergreen $44,000.00 $20,000.00
E. Other Duties and Tasks $44,000.00 $30,000.00
TOTAL $220,000.00 $130,000.00
***The City’s City Manager retains the right to reallocate funds between each Task.

01135.0005 2065152.2 12/3/2025

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 R e Absence of Defaults. City and Consultant each ratify and reaffirm each and every on e 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 mat erial default under the Agreement.

City represents and warrants to Con sultant 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 the giving of notice, or both, would constitute a material default under the Agreement.

4. Adequate Consideration. The parties hereto irrevocably stipula te 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 A mendment, such party is formally bound to the provisions of this A mendment, 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]

01135.0005 2065152.2 12/3/2025
IN WITNESS WHEREOF, the parties hereto have executed this Amendment 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
CONSULTANT:

CSG CONSULTANTS, INC., a California
corporation

By:_________________________________
Name:

Title:

By:_________________________________
Name:

Title:

Address: 550 Pilgrim Drive
Foster City, CA 94404

Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSIN ESS ENTITY.

01135.0005 2065152.2 12/3/2025

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF _________________________

On __________, 2025 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 i n his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

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

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

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