Cities Index.
Agenda packet

Bell Gardens City Council
September 11, 2023

Document
Agenda packet
Meeting
September 11, 2023
Body
Bell Gardens City Council
Pages
32
Original file
1.1 MB
Text extracted from the city's file for reading and search. Open the original on portal.laserfiche.com. That file is the official record.

Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant's accomplishments, challenges and significant activities. This narrative should also include whether goals and ob'ectives were met, exceeded, or an explanation of why ob'ectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

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State of California — Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT24013

FUND NUMBER

CATALOG

NUMBER (CFDA)

FUND DESCRIPTION

TOTAL AMOUNT
164AL-24

20.608
Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$60,000.00
402PT-24

20.600
State and Community Highway
Safety
$40,000.00

COST CATEGORY
FUND
NUMBER

UNIT COST OR
RATE
UNITS

TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
164AL-24
$6,800.00
4 $27,200.00
DUI/DL Checkpoints
DUI Saturation Patrols
164AL-24
$1,360.00
20 $27,200.00
Collaborative DUI Enforcement
164AL-24
$680.00
4 $2,720.00
Traffic Enforcement
402PT-24
$1,360.00
12 $16,320.00
Distracted Driving
402PT-24
$1,360.00
4 $5,440.00
Motorcycle Safety
402PT-24
$1,360.00
2 $2,720.00
Night-time Click It Or Ticket
402PT-24
$1,360.00
1 $1,360.00
Pedestrian and Bicycle Enforcement
402PT-24
$1,360.00
6 $8,160.00
Traffic Safety Education
402PT-24
$500.00
4 $2,000.00
Collaborative Traffic Enforcement
402PT-24
$680.00
2 $1,360.00
Category Sub -Total
$94,480.00
B. TRAVEL EXPENSES
In State Travel
402PT-24
$2,640.00
1 $2,640.00
$0.00
Category Sub -Total
$2,640.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub -Total
$0.00
D. EQUIPMENT
$0.00
Category Sub -Total
$0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies
164AL-24
$2,880.00
1 $2,880.00
Category Sub -Total
$2,880.00
F. INDIRECT COSTS
$0.00
Category Sub -Total
$0.00
GRANT TOTAL $100,000.00
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State of California - Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT24013

BUDGET NARRATIVE

PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Night-time Click It Or Ticket - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Traffic Safety Education - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel.

Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the OTS Traffic Safety Law Enforcement Forum and the California Traffic Safety Summit. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES

EQUIPMENT

OTHER DIRECT COSTS
DUI Checkpoint Supplies - On -scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti -fatigue mats, and canopies.

Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).

INDIRECT COSTS

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

Nothing in this "agreement" shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.

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State of California - Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT24013
Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
• 23 U.S.C. Chapter 4 Highway Safety Act of 1966, as amended; • Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; • 23 CFR part 1300 —Uniform Procedures for State Highway Safety Grant Programs; • 2 CFR part 200 —Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
• 2 CFR part 1201 —Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
• 49 CFR part 21 (entitled Non-discrimination in Federally -Assisted Programs of the Department of Transportation —Effectuation of Title VI of the Civil Rights Act of 1964); • 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects);
• Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
• The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally - funded or not);
• Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low - Income Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
• Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and • Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).

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The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations," respectively.

GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
"No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA." The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional -wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each "activity," "facility," or "program," as defined in § 21.2 (b) and (c) a 49 CFR part 21 will be (with regard to an "activity") facilitated, or will be (with regard to a "facility") operated, or will be (with regard to a "program") conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
"The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S. C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award."

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred to as DOT Order 1050.2A) in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub -recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

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By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub -recipients, sub -grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal -aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub -recipients, sub -grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG -FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug -free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug -free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug -free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will -

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted -

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug -free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; Ef x/2023 8:10:06 PM
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2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR Darts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR Darts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or Ef x/2023 8:10:06 PM
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otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
(https;// www.sam,gov/) .

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Dart 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS -

PRIMARY TIER COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR Darts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or Ef x/2023 8:10:06 PM
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otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/) .

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -

LOWER TIER COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

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DISCLOSURE REQUIREMENTS
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company -owned, rented, or personally -owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public -private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org . The NHTSA website ( www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company - owned or rented vehicles, Government -owned, leased or rented vehicles, or privately -owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

Ef x/2023 8:10:06 PM
183

Page 16 of 16 ends

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 8.

TO:

FROM:

BY:

Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Bernardo I niguez, Director of Public Works/Facilities
Douglas Benash, P.E., City Engineer
SUBJECT: APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS FOR THE VETERANS PARK CITY YARD STORMWATER IMPROVEMENTS (C.I.P.

NO. 3880)
DATE: September 11, 2023
RECOMMENDATION:

It is staff's recommendation that the City Council by motion:

1. Approve plans and specifications for the Veterans Park City Yard Stormwater Improvements; and

2. Authorize staff to solicit competitive bids and publish the Notice Inviting Sealed Bids (NIB); and

3. Appropriate $567,193 of Measure W funds to complete this project; and

4. Find that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Guidelines Section 15301(c).

BACKGROUND/DISCUSSION:

Engineering staff has completed the design and construction documents for the Veterans Park City Yard Stormwater Improvements (the "Project"). The Project scope of work consists of furnishing all materials, equipment, tools, labor, and incidentals, as required by the plans, specifications, and contract documents to construct a new trash container ramp and pit to allow direct loading into the trash bins, modifications and improvements to the material storage bins, construction of an underground stormwater storage and treatment device, pavement improvements, and general maintenance to the Veterans Park City Yard. Note that a canopy/shade structure over the material storage bins will be included as a bid additive item, which will be considered to be added to the Project depending on bids received and funding available. The construction documents, which include plans, specifications, and engineer's estimate have been completed in accordance with the City's internal procurement policies and the Public Procurement and Contracting Code. The total contract period for this project is fifty five (55) working days.

Upon authorization by the City Council, staff will proceed with the bid phase of the Project. Publishing the NIB ensures that the City follows the competitive bidding process, which involves advertisement and solicitation of sealed bids, publicly opening of bids, and awarding the contract to the lowest responsive and responsible bidder at a future City Council meeting. Staff will publish the NI B in a local newspaper of general circulation and other electronic media, and post the plans and specifications on the City's website. The published NI B will state the time and place for the receiving and opening of sealed bids and will distinctly describe the Project. The NIB shall be published pursuant to Public Contract Code § 20164.

Tentative Bid Schedule:

Bid Period: September 21 to October 9, 2023
184

Bidder Information Sheets Due: October 2, 2023 at 5:00 p.m.

Requests for Information Due: October 2, 2023 at 5:00 p.m.

Bid Opening: October 9, 2023, Monday at 11:00 a.m.

Anticipated Award of Contract: October 23, 2023
LEGAL AND PROGRAM REQUIREMENTS:

Government Code Section 830.6 states in part, "Neither a public entity nor a public employee is liable for an injury caused by the plan or design of a construction of, or an improvement to, public property where such plan or design has been approved in advance of the construction or improvement by the legislative body of the public entity or by some other body or employee exercising discretionary authority to give such approval or where such plan or design is prepared in conformity with standards previously approved." In order to bid the project and provide California design immunity, per Government Code Section 830.6, the City Council must approve the plans and specifications prior to the construction bidding process. The intent of Section 830.6 is to prevent a judge or jury from second-guessing discretionary approvals made by the public agency and its employees regarding a plan or design for a construction project. Staff's recommendation is for the approval of the plans and specifications to proceed with formal bidding of the project.

ENVIRONMENTAL ANALYSIS:

Pursuant to CEQA Guidelines § 6004 (23 U.S.C. 326) and § 15301(c) (Class 1, Existing Facilities) the proposed project has been reviewed to determine whether it is exempt from NEPA and CEQA. The proposed project will not involve or affect any sensitive environments or habitats, scenic resources, historical buildings, historic resources or any hazardous waste sites. Therefore, under CEQA Guidelines § 6004(d1) and § 15301(c) (Class 1, Existing Facilities), it has been determined that the Project is exempt from NEPA and CEQA pursuant to categorical exemptions. A Notice of Exemption has been prepared and will be filed with the County Clerk's Office.

CONCLUSION:

Upon authorization by the City Council, staff will proceed with the bid phase of the Project.

FISCAL IM PACT:

The City's FY 23-24 CIP budget includes $310,358 of Measure W funds for the Project. Staff is requesting an additional appropriation of $567,193 of unallocated Measure W funds to complete the Project, for a total project budget of $877,551.

The estimated project expenditures are as follows:

Design (9%) Based on Construction Estimate
$53,814
Geotechnical Work
N/A
Survey Work
N/A
Project Management (4%)
$23,918
Construction Management & Inspection (7%)
$41,856
Funding Administration (1.5%)
$8,969
Estimated Construction Cost - Base Bid
$597,938
Labor Compliance (actual cost)
N/A
Contingency (10%)
$59,794
185

Publication & Misc. Costs
$2,000
$788,289

ESTIMATED PROJECT COST
ATTACHMENTS:

Exhibit 1 - Notice Inviting Sealed Bids
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services

NOTICE INVITING SEALED BID
FOR

VETERANS PARK CITY YARD STORMWATER IMPROVEMENTS
C.I.P. NO. 3880

IN THE CITY OF BELL GARDENS
PUBLIC NOTICE IS HEREBY GIVEN that the City of BeII Gardens as AGENCY, invites sealed bids for the above -stated project and will receive such bids in the offices of the City Clerk, City HaII, 7100 South Garfield Avenue, Bell Gardens, California 90201, up to the hour of 11:00 AM on October 9, 2023, at which time they will be publicly opened.

Copies of the Plans, Specifications, and contract documents are available on the City's website at https:// w.bellgardensorq/i-want-to/view-bids-rfps/rfps-and-bids and at dbenash `infengr.com. In order to be on the Plan Holders List for this project, each bidder must submit a Bidder's Information Sheet which is also available on the City's website.

Bids will not be accepted unless the bidder is on the Plan Holder List. All Bidder Information Sheets are required to be submitted no later than 5:00 PM on October 2, 2023. Bids will not be accepted unless the Bidder Information Sheet is submitted and logged onto the plan holders list. Failure to submit the Bidder Information Sheet by the deadline noted above will result in declaring any submitted bids as non- responsive.

To comply with SB 854, beginning January 1, 2015 the following applies:

1. No contractor or subcontractor may be listed on a bid proposal for public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

2. No contractor or subcontractor may be awarded a contract for public works on a public works project awarded on or after April 1, 2015, unless registered with the DIR.

3. The project is subject to compliance monitoring and enforcement by the DIR.

4. Require the prime contractor to post job site notices prescribed by regulation (regulation not created yet) or the City must post the notices itself.

The Contractor shall fill in the Department of Industrial Relations (DIR) Contractor Registration Number Form provided in Appendix "B" and submit it with the sealed Bid.

Exhibit 1 187

Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of Section 1773.2 of the Labor Code of the State of California, the minimum prevailing rate of per hourly wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the City Hall, City of Bell Gardens, 7100 South Garfield Avenue, Bell Gardens, California 90201, and are available to any interested party on request.

Attention is directed to the provisions of Section 1777.5 (Chapter 1141, Statutes of 1968) and 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any such subcontractor under him. Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, age, marital status, ancestry, sex, religion, or handicap will also be required.

The AGENCY will deduct 5 percent retention from all progress payments as specified in Section 9-3.2 of these specifications. The Contractor may substitute an escrow holder surety of equal value to the retention. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. Contractor shall provide AGENCY with weekly payroll reports.

The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, age, marital status, ancestry, sex, religion, sexual orientation or handicap in any consideration leading to the award of contract.

In entering into a public works contract, or a subcontract, to supply goods, services, or material pursuant to a public works contract, the Contractor, or subcontractor, offers and agrees to assign to the awarding body all rights, title and interest in, and to, all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties.

Bids must be prepared on the approved Proposal forms or copies thereof in conformance with the Instructions to Bidders and submitted in a sealed envelope plainly marked on the outside as follows:

The bid must be accompanied by cash, a certified or cashier's check, or bidder's bond, issued by an "admitted surety insurer" made payable to the AGENCY for an amount no less than 10 percent of the total base bid amount.

Exhibit 1 188

All bidders shall be licensed in accordance with the provisions of the Business and Professions Code and shall possess a State Contractor's License, Class A, at the time of bid submittal. The successful Contractor and each of his subcontractors will be required to possess a Business License from the City.

The liquidated damages for this project is five hundred dollars ($500.00) per calendar day the project is not completed within the contract time.

The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advertisement for a period of sixty (60) days.

The total contract period for this project is fifty-five (55) working days from the effective date of the Notice -to -Proceed to be issued by the City.

BY ORDER OF the City of Bell Gardens, California.

Dated: September 11, 2023
Exhibit 1 189

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 9.

TO:

FROM:

BY:

Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Bernardo I niguez, Director of Public Works/Facilities
Douglas Benash, P.E., City Engineer
SUBJECT: APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS FOR THE SLURRY SEAL IMPROVEMENTS PROJECT -ZONE 4 (C.I.P. NO. 3921) DATE: September 11, 2023
RECOMMENDATION:

It is staff's recommendation that the City Council by motion:

1. Approve plans and specifications for the Slurry Seal Improvements - Zone 4; and

2. Authorize staff to solicit competitive bids and publish the Notice Inviting Sealed Bids (NIB); and

3. Find that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Guidelines Section 15301(c).

BACKGROUND/DISCUSSION:

Engineering staff has completed the design and construction documents for the Slurry Seal Improvements — Zone 4 (the "Project"). The Project scope of work consists of furnishing all materials, equipment, tools, labor, and incidentals, as required by the plans, specifications, and contract documents to slurry seal streets within Zone 4. The construction documents, which include plans, specifications, and engineer's estimate have been completed in accordance with the City's internal procurement policies and the Public Procurement and Contracting Code. The total contract period for this project is thirty (30) working days.

The six street segments within the scope of the project are listed below. Note that the two additional street segments listed as bid additives will be considered to be added to the Project, depending on bids received and funding available.

Base Bid
Zone 4

1. Perry Road from Florence Place to Florence Avenue

2. Priory Street from Jaboneria Road to Ira Avenue

3. Darwell Avenue from Lubec Street to Loveland Street

4. Live Oak Street from Lubec Street to Ira Avenue

5. Ira Avenue from Lubec Street to Gage Avenue
Zone 5A

6. Hannon Street from Chalet Drive to Scout Avenue
Additive Bid No. 1
190

Zone 5A

7. Fry Street from Emil Avenue to Perry Road
Additive Bid No. 2
Zone 5A

8. Kress Avenue from Foster Bridge Boulevard to Hannon Street Upon authorization by the City Council, staff will proceed with the bid phase of the Project. Publishing the NIB ensures that the City follows the competitive bidding process, which involves advertisement and solicitation of sealed bids, publicly opening of bids, and awarding the contract to the lowest responsive and responsible bidder at a future City Council meeting. Staff will publish the NIB in a local newspaper of general circulation and other electronic media, and post the plans and specifications on the City's website. The published NI B will state the time and place for the receiving and opening of sealed bids and will distinctly describe the Project. The NIB shall be published pursuant to Public Contract Code § 20164.

Bid Schedule:

Bid Period: September 14 to October 2, 2023
Bidder Information Sheets Due: September 25 at 5:00 p.m.

Requests for Information Due: September 25 at 5:00 p.m.

Bid Opening: October 2, 2023, Monday at 11:00 a.m.

Anticipated Award of Contract: October 23, 2023
LEGAL AND PROGRAM REQUIREMENTS:

Government Code Section 830.6 states in part, "Neither a public entity nor a public employee is liable for an injury caused by the plan or design of a construction of, or an improvement to, public property where such plan or design has been approved in advance of the construction or improvement by the legislative body of the public entity or by some other body or employee exercising discretionary authority to give such approval or where such plan or design is prepared in conformity with standards previously approved." In order to bid the project and provide California design immunity, per Government Code Section 830.6, the City Council must approve the plans and specifications prior to the construction bidding process. The intent of Section 830.6 is to prevent a judge or jury from second-guessing discretionary approvals made by the public agency and its employees regarding a plan or design for a construction project. Staff's recommendation is for the approval of the plans and specifications to proceed with formal bidding of the project.

ENVIRONMENTAL ANALYSIS:

Pursuant to CEQA Guidelines § 6004 (23 U.S.C. 326) and § 15301(c) (Class 1, Existing Facilities) the proposed project has been reviewed to determine whether it is exempt from NEPA and CEQA. The proposed project will not involve or affect any sensitive environments or habitats, scenic resources, historical buildings, historic resources or any hazardous waste sites. Therefore, under CEQA Guidelines § 6004(d1) and § 15301(c) (Class 1, Existing Facilities), it has been determined that the Project is exempt from NEPA and CEQA pursuant to categorical exemptions. A Notice of Exemption has been prepared and will be filed with the County Clerk's Office.

CONCLUSION:
191

Upon authorization by the City Council, staff will proceed with the bid phase of the Project.

FISCAL IMPACT:

The City's FY23-24 CIP budget includes $180,612 of Measure M funds to complete the Project.

The estimated project expenditures are as follows:

Design (9%) Based on Construction Estimate -
$13,500
Geotechnical Work
N/A
Survey Work
N/A
Project Management (4%)
$6,000
Construction Management & Inspection (7%)
$10,500
Funding Administration (1.5%)
$2,250
Estimated Construction Cost (for 5 street segments)
$150,000
Labor Compliance (actual cost)
N/A
Contingency (10%)
$15,000
Publication & Misc. Costs
$2,000.00

ESTIMATED PROJECT COST
$199,250
ATTACHMENTS:

Exhibit 1 - Notice Inviting Sealed Bids
Exhibit 2 - Maps
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services

NOTICE INVITING SEALED BID
FOR
SLURRY SEAL IMPROVEMENTS - ZONE 4
C.I.P. NO. 3921

IN THE CITY OF BELL GARDENS
PUBLIC NOTICE IS HEREBY GIVEN that the City of BeII Gardens as AGENCY, invites sealed bids for the above -stated project and will receive such bids in the offices of the City Clerk, City HaII, 7100 South Garfield Avenue, Bell Gardens, California 90201, up to the hour of 11:00 AM on October 2, 2023, at which time they will be publicly opened.

Copies of the Plans, Specifications, and contract documents are available on the City's website at https://www,bellgardens.orq/i-want-to/view-bids-rfDs/rfps-and-bids . To be on the Plan Holders List for this project, each bidder must submit a Bidder's Information Sheet which is also available on the City's website, to dbenash( infengr.com. Bids will not be accepted unless the bidder is on the Plan Holder List. All Bidder Information Sheets are required to be submitted no later than 5:00 PM on September 25, 2023. Bids will not be accepted unless the Bidder Information Sheet is submitted and logged onto the plan holders list. Failure to submit the Bidder Information Sheet by the deadline noted above will result in declaring any submitted bids as non -responsive.

To comply with SB 854, beginning January 1, 2015 the following applies:

No contractor or subcontractor may be listed on a bid proposal for public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

2. No contractor or subcontractor may be awarded a contract for public works on a public works project awarded on or after April 1, 2015, unless registered with the DIR.

3. The project is subject to compliance monitoring and enforcement by the DIR.

4. Require the prime contractor to post job site notices prescribed by regulation (regulation not created yet) or the City must post the notices itself.

The Contractor shall fill in the Department of Industrial Relations (DIR) Contractor Registration Number Form provided in Appendix "B" and submit it with the sealed Bid.

Exhibit 1 193

Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of Section 1773.2 of the Labor Code of the State of California, the minimum prevailing rate of per hourly wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the City Hall, City of Bell Gardens, 7100 South Garfield Avenue, Bell Gardens, California 90201, and are available to any interested party on request.

Attention is directed to the provisions of Section 1777.5 (Chapter 1141, Statutes of 1968) and 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any such subcontractor under him. Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, age, marital status, ancestry, sex, religion, or handicap will also be required.

The AGENCY will deduct 5 percent retention from all progress payments as specified in Section 9-3.2 of these specifications. The Contractor may substitute an escrow holder surety of equal value to the retention. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. Contractor shall provide AGENCY with weekly payroll reports.

The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, age, marital status, ancestry, sex, religion, sexual orientation or handicap in any consideration leading to the award of contract.

In entering into a public works contract, or a subcontract, to supply goods, services, or material pursuant to a public works contract, the Contractor, or subcontractor, offers and agrees to assign to the awarding body all rights, title and interest in, and to, all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties.

Bids must be prepared on the approved Proposal forms or copies thereof in conformance with the Instructions to Bidders and submitted in a sealed envelope plainly marked on the outside as follows:

Exhibit 1 194

SLURRY SEAL IMPROVEMENT ZONE 4
C.I.P. NO. 3921
The bid must be accompanied by cash, a certified or cashier's check, or bidder's bond, issued by an "admitted surety insurer" made payable to the AGENCY for an amount no less than 10 percent of the total base bid amount.

All bidders shall be licensed in accordance with the provisions of the Business and Professions Code and shall possess a State Contractor's License, Class A, at the time of bid submittal. The successful Contractor and each of his subcontractors will be required to possess a Business License from the City.

The liquidated damages for this project is five hundred dollars ($500.00) per calendar day the project is not completed within the contract time.

The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advertisement for a period of sixty (60) days.

The Contractor shall complete all work in every detail within thirty (30) working days, after the effective date in the Notice -to -Proceed with the Work to be issued by the CITY BY ORDER OF the City of Bell Gardens, California.

Dated: September 11, 2023
Exhibit 1 195

LEGEND:

Exhibit 2

CITY LIMIT

PROJECT LOCATION
500' LIMIT

LOCATION MAP

NOT TO SCALE
3060 Saturn Street, Suite 250
INFRASTRUCTURE Brea, CA 92821
ENGINgERS
Tel: (714) 940-0100
Fax: (714) 940-0700
www.infrastructure-engineers.com

CITY OF BELL GARDENS
Department of Public Works
CITY OF BELL GARDENS - PROJECT LOCATION MAP:

SLURRY SEAL IMPROVEMENT ZONE 4
ZONE 4
JN: 6027.305
PAGE 1 OF 2

LEGEND:

Exhibit 2

CITY LIMIT

PROJECT LOCATION
500' LIMIT

LOCATION MAP

NOT TO SCALE
3060 Saturn Street, Suite 250
INFRASTRUCTURE Brea, CA 92821
ENGINgERS
Tel: (714) 940-0100
Fax: (714) 940-0700
www.infrastructure-engineers.com

CITY OF BELL GARDENS
Department of Public Works
CITY OF BELL GARDENS - PROJECT LOCATION MAP:

SLURRY SEAL IMPROVEMENT ZONE 4
ZONE 5A
JN: 6027.305
PAGE 2 OF 2

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 10.

TO:

FROM:

BY:

Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Bernardo I niguez, Director of Public Works/Facilities
Douglas Benash, P.E., City Engineer
SUBJECT: AWARD OF CONTRACT FOR THE VARIOUS ALLEY IMPROVEMENTS PROJECT (C.I.P.

NO. 3930)
DATE: September 11, 2023
RECOMMENDATION:

It is staff's recommendation that the City Council:

1. Award a Construction Contract to Singh Group Inc. dba Baja Pacific in the amount of $657,146 for the Various Alley Improvements (C.I.P. No. 3930); and

2. Authorize staff to execute the agreement and approve change orders that may be necessary during construction to cover any unforeseen condition in an amount not to exceed 10% of the construction contract.

BACKGROUND/DISCUSSION:

On August 14, 2023, the City Council approved the plans and specifications and authorized staff to solicit bids for the Various Alleys Improvements (C.I.P. No. 3930) (the "Project"). The Project scope of work consists of reconstructing various alleys with the removal of the existing asphalt pavement and concrete ribbon gutter; repair and re compaction of the subgrade as required; construction of new concrete ribbon gutter; adjustment of meter boxes and vaults to grade; and construction of new asphalt pavement.

The five alley segments that are within the "base bid" scope of the project are listed below, with additional alley segment no. 6 and 7 listed as "additive bids" to be considered based on the bid amounts received and available funding.

No.

Street
From
To
1 N/O Florence Avenue
Emil Avenue
Going West to End
2 N/O Florence Avenue
Emil Avenue
Going East to End
3 W/O Garfield Avenue
Muller Street
Quinn Street
4 W/O Garfield Avenue
Quinn Street
Going North to End
5 E/O Eastern Avenue
Jaboneria Road
Quinn Street
6 (Additive Bid
Item 1)
N/O Florence Place
Granger Avenue
Going West to Alley
7 (Additive Bid
item 2)
N/O Florence Place
Toler Avenue
Garfield Avenue
On August 30, 2023, the City received a total of three (3) bid proposals for this project, as illustrated below:

Bidders
Base Bid Amount
Additive Bid 1
Additive Bid 2
Cinn h (err i in I nr• rlha Rain
(MRA anR nn
g1nn Tan
g9.47 7FA
198

Pacific
4,.."..,a C1,0 v. vv
y. I vv, I -TS.,
Hardy & Harper, Inc.
$670,000.00
$85,000
$275,000
Onyx Paving Company,
Inc.
$693,000.00
$77,000
$272,000
Staff conducted an analysis of the apparent lowest bidder, Singh Group Inc. dba Baja Pacific Baja (Baja Pacific). This analysis included a review of their bid schedule, bid bond, license, references, and all required documentation. Baja Pacific's license is current and active, and reference checks revealed that the contractor's previous projects were completed satisfactorily, with no contractor -initiated change orders. The Contractor's DIR Registration and AM Best Rating Check was also reviewed and deemed satisfactory. It has been determined that Baja Pacific is the lowest responsive and responsible bidder. Therefore, staff recommends award of a construction contract to Baja Pacific for the base bid amount of $556,406 plus additive bid item no. 1 for an amount of $100,740, for a total contract amount of $657,146.

ENVIRONMENTAL ANALYSIS:

Pursuant to Section 6004 (23 U.S.C. 326) and Section 15301(c) of the CEQA Guidelines (Class 1, Existing Facilities) the proposed project has been reviewed to determine whether it is exempt from NEPA and CEQA. The proposed project will not involve or affect any sensitive environments or habitats, scenic resources, historical buildings, historic resources or any hazardous waste sites. Therefore, under Section 6004(d1) and Section 15301(c) of the CEQA Guidelines (Class 1, Existing Facilities), it has been determined that the project is exempt from NEPA and CEQA pursuant to categorical exemptions. A Notice of Exemption has been prepared and will be filed with the County Clerk's Office.

CONCLUSION:

If the Construction Contract is awarded, staff will process the contract for signatures and coordinate a pre -construction meeting.

FISCAL IMPACT:

The City's FY 23-24 CI P budget includes a total of $891,874 of Measure M and R funds for the Project.

The estimated project expenditures are as follows:

Design (9%) Based on Construction Estimate of
for seven (7) alley segments
$58,500
Geotechnical Work
N/A
Survey Work
$10,350
Project Management (4%)
$26,286
Construction Management & Inspection (7%)
$46,000
Funding Administration (1.5%)
$9,857
Construction Award — Base Bid
$556,406
Construction Award — Additive Bid No. 1
$100,740
Labor Compliance (actual cost)
N/A
Contingency (10%)
$65,715
Publication & Misc. Costs
$2,000.00

ESTIMATED PROJECT COST
$875,854
199

ATTACHMENTS:

Exhibit 1 - Construction Contract
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services

CITY OF BELL GARDENS

CONSTRUCTION CONTRACT AGREEMENT
FOR

VARIOUS ALLEYS IMPROVEMENTS
C.I.P. NO. 3930

IN THE CITY OF BELL GARDENS
THIS CONSTRUCTION CONTRACT (hereinafter, "Contract") is made and entered into this day of 2023 (hereinafter, the "Effective Date") by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "CITY") and SINGH GROUP INC. DBA BAJA PACIFIC (hereinafter, "CONTRACTOR"). For the purposes of this Agreement, CITY and CONTRACTOR may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or CONTRACTOR interchangeably as appropriate.

RECITALS
WHEREAS, CITY requires public works construction services for various alley improvements C.I.P. No. 3930 (hereinafter, the "Project"); and WHEREAS, CITY issued notice inviting competitive bids for the Project on August 14, 2023; and
WHEREAS, following the opening of bids on August 30, 2023, CONTRACTOR was determined to be the lowest responsive and responsible bidder for the Project.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONTRACTOR agree as follows:

ARTICLE I (CONTRACT DOCUMENTS'
The contract documents for the aforesaid project shall consist of the Notice Inviting Sealed Bids, Bidder Information, Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications, details, standard drawings, and appendices; together with this Contract and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements (hereinafter "Contract Documents") clarifying, or extending the work contemplated as may be required to ensure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein.

Exhibit 1 201

ARTICLE II (WORK TO BE PERFORMED)
CONTRACTOR agrees to furnish all tools, equipment, apparatus, facilities, labor, transportation, and material necessary to perform and complete in a good and workmanlike manner the Project, as called for, and in the manner designated in, and in strict conformity with, the Contract Documents. It is understood and agreed that the tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished and the work performed and completed as required in the Drawings and Specifications under the sole direction and control of the CONTRACTOR, and subject to inspection and approval of the CITY, or its representatives.

ARTICLE III

CONTRACT PRICE'
CITY agrees to pay and the CONTRACTOR agrees to accept, in full payment for the work above agreed to be done, the sum of Six Hundred Fifty -Seven Thousand One Hundred Forty -Six Dollars ($657,146) for the Project (hereinafter, the "Bid Price"). CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance, including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

As authorized by the City Council at its Regular Meeting of September 11, 2023 and subject to any applicable restrictions set forth under the BeII Gardens Municipal Code as the same may be amended from time to time or applicable State law, CITY, in its sole and absolute discretion, may authorize expenditures in excess of the Bid Price without further City Council approval provided such additional expenditures do not cumulatively exceed an amount equal to ten percent (10%) of the Bid Price. Any such additional expenditures must be approved by the City Manager in writing before they may be incurred.

ARTICLE IV (NOTICE AND SERVICE THEREOF)
Any notice from one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner, namely:
(a) If the notice is given to the CITY, by personal delivery thereof, or by depositing the same in the United States mail, enclosed in a sealed envelope, postage prepaid, and certified; addressed to the CITY at:

Exhibit 1 202

City of BeII Gardens
Public Works Department
Attn: Director of Public Works/Facilities
BeII Gardens City Hall
7100 Garfield Avenue
BeII Gardens, CA 90201
(b) If the notice is given to the CONTRACTOR, by personal delivery thereof to said CONTRACTOR or to its duly authorized representative at the site of the project, or by depositing the same in the United States mail, enclosed in a sealed envelope, postage prepaid, and certified; addressed to the CONTRACTOR at:

Singh Group, Inc. dba Baja Pacific
1308 Descanso Avenue
San Marcos, CA 92069
Attn: Adolf Singh, President
Phone: 760-798-3088
(c) If the notice is given to the surety or any other person, by personal delivery to such surety or other person, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to such surety or other person, as the case may be, at the address of such surety or person last communicated by it to the party giving the notice, postage prepaid and certified.

ARTICLE V (INSURANCE)
CONTRACTOR acknowledges the provisions of the State Labor Code requiring every employer to be insured against liability for worker's compensations, or to undertake self- insurance in accordance with the provisions of that code and certified compliance with such provisions.

CONTRACTOR agrees to indemnify, defend and hold harmless CITY and all if its officers and agents from any claims, demand or causes of action, including related expenses, attorney's fees, and costs, based on, arising out of, or in any way related to the work undertaken by CONTRACTOR hereunder. The liability insurance coverage values shall be:

Insurance Coverage Requirements
Comprehensive General Liability
Product/Completed Operations Hazard
Comprehensive Automobile Liability
Contractual General Liability
Worker's Compensation
Limit Requirements
$1,000,000
$1,000,000
$1,000,000
$1,000,000
Statute
Exhibit 1 203

A combined single -limit policy with aggregated limits in the amount of $2,000,000 will be considered equivalent to the required minimum limits.

The issuer shall be an "admitted surety insurer" duly authorized to transact business under the laws of the State of California.

Acceptable insurance coverage shall be placed with the carriers admitted to write insurance in California or carriers with a rating of or equivalent to A:VIII by A.M. Best & Co. Any deviation from this rule shall require specific approval, in writing, from the CITY.

Insurance shall name the CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers as additional. A copy of the endorsement, showing policy limits, shall be provided to the CITY on or before signing this contract.

ARTICLE VI (EXECUTION'
CONTRACTOR affirms that the signatures, titles and seals set forth hereinafter in execution of this Contract Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having principal interest herein.

ARTICLE VII (COMPLETION DATE)
The total contact time for completion of this project is forty (40) working days from the effective date of notice to proceed to be issued by the CITY.

The liquidated damage for this project is two hundred fifty dollars ($250.00) per calendar day for each calendar day the project is not completed to the satisfaction of the CITY within the contract time including any extension of time granted by the CITY.

ARTICLE VIII (RECORDS & AUDITS)
The CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to the contract and such other records as may be deemed necessary by the CITY to assure proper accounting for all project funds. These records will be made available for audit purposes to the CITY or any authorized representative and will be retained for 5 years after the expiration of this contract unless permission to destroy them is granted by the CITY.

ARTICLE IX (PREVAILING WAGES)
(a) CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1773.8, which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law.

Exhibit 1 204

(b) By the execution of this Contract, CONTRACTOR hereby certifies that it is registered with the California Department of Industrial Relations as required pursuant to Labor Code section 1725.5 (contractor registration).
(c) CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The CONTRACTOR shall, as a penalty to the CITY, forfeit no more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by CONTRACTOR or by a subcontractor. (d) CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1776 which requires CONTRACTOR and each subcontractor to (i) keep accurate payroll records, (ii) certify and make such payroll records available for inspection as provided by Section 1776, and (iii) inform the CITY of the location of the records. The CONTRACTOR is responsible for compliance with Section 1776 by itself and all of its subcontractors.
(e) CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that the CONTRACTOR is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
(f) CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours without approval of the CITY. The CONTRACTOR shall, as a penalty to the CITY, forfeit twenty- five dollar ($25) for each worker employed in the execution of the contract by the CONTRACTOR or by any subcontractor for each calendar day or portion thereof during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division, 2, Part 7, Chapter 1, Article 3 of the California Labor Code. The CONTRACTOR may, with the approval of the Director of Public Works/Facilities, or their designee, use his employees to carry out work on the project beyond the normal eight (8) hour workday and on Saturdays, Sundays and Holidays provided the employees are paid at the following hourly rates:
• Week days (Monday through Fridays) after eight (8) hours daily and not to exceed twelve (12) hours daily total per day and not exceeding forty- eight (48) hours work in a seven (7) day period week at one and one- half (1.5) times the prevailing hourly wage for the initial eight (8) hours of regular work time for the time worked after the initial eight (8) hours regular time.
• Saturdays, Sundays and Holidays for time worked after forty (40) hours of regular work time in a seven (7) day period week at the rate of two Exhibit 1 205

(2.0) times the prevailing hourly wage for the initial eight (8) hours of regular weekday work time and not to exceed a total of forty-eight (48) hours of work within the seven (7) day work week period. (g) California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to under self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract."

ARTICLE X (PROMPT PAYMENT'
Prompt Progress Payment to Subcontractors
Attention is directed to Section 7108.5 of the California Business and Professions Code, which requires a prime contractor or subcontractor to pay any subcontractor not later than 10 days of receipt by the Contractor of each progress payment, unless otherwise agreed to in writing.
(SIGNATURES ON NEXT PAGE)
Exhibit 1 206

IN WITNESS THEREOF the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this contract agreement to be executed in triplicate by setting hereunto their names, titles, hands, and seals this day of , 20 .

Contractor:
(Signature)
Name and Title (Printed)
CONTRACTOR'S License No. License Class
CONTRACTOR Business License No.

Federal Tax Identification No.

Subscribed and sworn to this day of , 20

NOTARY PUBLIC
CITY:

Attested:

Approved as
to form:

City Manager
Date
City Clerk
Date
City Attorney
Exhibit 1 207

FAITHFUL PERFORMANCE BOND
FOR

VARIOUS ALLEYS IMPROVEMENTS
C.I.P. NO. 3930
The CITY OF BELL GARDENS, hereinafter "City," entered into a Contract dated , 20 with hereinafter Contractor," for the
work described as follows:

Various Alleys Improvements — C.I.P. No. 3930
WHEREAS, said Contractor is required under terms of said Contract to furnish a bond for the faithful performance of said Contract; and
WHEREAS, the Contract is by reference made a part hereof.

NOW, THEREFORE, we, , the undersigned
Contractor, as Principal, and
[corporate surety] , a
corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of , lawful money of the United States, said sum being not less than one hundred percent (100%) of the total Contract amount, for the payment of which sum be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, THAT, if the above -bounded Contractor, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and perform the covenants, conditions, and agreements in said Contract and any alterations thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.

As a condition precedent to the satisfactory completion of said Contract, the above obligation in said amount shall hold good for a period of one (1) year after the completion and acceptance of said work, during which time if the above -bounded Contractor, its heirs, executors, administrators, successors or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally protect the City from loss or damage Exhibit 1 208

made evident during said period of one (1) year from the date of acceptance of said work, and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligation in said sum shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Contractor remains.

And the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including reasonable attorneys' fees to be fixed by the Court.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20
(Contractor as Principal)
(Seal) By:
(Seal) By:

NOTE: If Contractor is a Partnership, all parties must execute the Bond.

IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in California.

Exhibit 1 209

LABOR AND MATERIALS BOND
FOR

VARIOUS ALLEYS IMPROVEMENTS
C.I.P. NO. 3930
The CITY OF BELL GARDENS, hereinafter "City," has awarded to ,hereinafter "Contractor," a Contract for the work described as follows:

Various Alleys Improvements — C.I.P. No. 3930
WHEREAS, the Contractor is required by the Contract and by the provisions of Third Division, Part 4, Title 15, Chapter 7 of the Civil Code to furnish a bond in connection with the Contract, as hereinafter set forth.

NOW, THEREFORE, we, , the undersigned
Contractor, as Principal, and a corporation
organized and existing under the laws of the State of duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the in the sum of
(
), said
sum being not less than one hundred (100%) percent of the total Contract amount payable by the City, under the terms of the Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, THAT, if the Contractor, its heirs, executors, administrators, successors, and assigns or subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams, implements or machinery used in, upon, for or about the performance of the work contracted to be done, or shall fail to pay for any work or labor thereon of any kind, or shall fail to pay any persons named in Civil Code section 9100, or shall fail to pay for amounts due under the Unemployment Insurance Code with respect to such work or labor thereon of any kind, or shall fail to pay for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work or labor, and provided that the claimant shall have complied with the provisions of that code, the Surety or Sureties hereon will pay for the same in an amount Exhibit 1 210

not exceeding the sum specified in the Contract; otherwise, the above obligation shall be void. In case suit is brought upon this bond, the Surety will pay reasonable attorneys' fees to the prevailing party to be fixed by the court.

This bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 9100 of the Civil Code, so as to give a right of action to them or to their assigns in any suit brought upon this bond.

It is further stipulated that the Surety of this bond shall not be exonerated or released from the obligation of the bond by any change, extension of time for performance, addition, alteration, or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement described above or pertaining or relating to the furnishing of labor, materials, or equipment therefor, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement described above, nor by any rescission or attempted rescission of the Contract, agreement, or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond, and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the City and original contractor or on the party of the obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Sections 8400 and 8402 of the California Civil Code and has not been paid the full amount of its claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration, or modification.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20
(Seal)
(Seal)
(Contractor as Principal)
By:

By:

NOTE: If Contractor is a Partnership, all partners should execute Bond.

Exhibit 1 211

IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in California.

Exhibit 1 212

PUBLIC

ORKS DEPART ENT
8327 GARFIELD AVENUE • BELL GARDENS, CALIFORNIA 90201-6122 (562) 806-7770 FAX (562) 8067789 .WWV/ BELLGARDENS.ORG
Project Name: VA Rt US ALLEY I

P VE ENT P
ECT — CIP No. 3930
Engineering Cost Estimate: $541,307
Construction Duration: 40 working days
ltidder Information Sheet due to dbenash; infengr.com by: 5:00 P on August 23, 2023 Contact: Douglas Benash
Phone: 626.203.2849
E- ail: dbenash(a�infencr.com
Contact Name:

Asher Singh
Company Name: Singh Group Inc
Address: 1308 Descanso Ave, San Marcos, CA 92069
E-mail: [email protected]
Phone: 760-798-3088
Fax:

Exhibit 1 213

PROPOSAL
FOR

VARIOUS ALLEYS IMPROVEMENTS
C.LP. NO. 3930

IN THE CITY OF BELL GARDENS
TO THE CITY OF BELL GARDENS, as AGENCY
In accordance with AGENCY'S Notice Inviting Sealed Bid, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor and incidentals required for the above -stated project as set forth in the Plans, Specifications, and contract documents therefor, and to perform all work in the manner and time prescribed therein.

BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instruction to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump -sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guarantee accompanying this proposal.

BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO INCREASE

OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump -sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures.

If awarded the Contract, the undersigned further agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates by the dates stablished by the agency after the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void.

C-1
Exhibit 1 214

BID SCHEDULE
FOR

VARIOUS ALLEYS IMPROVEMENTS
C.I.P. NO. 3930
IN THE crrie OF BELL GARDENS
The undersigned declares that he/she has carefully examined the location of the proposed work, that he/she has examined the specifications and read the accompanying instructions to bidders, and hereby proposes to do all the work in accordance with said specifications for the amounts set forth below:

Construct improvements as reiterated above, located in the City of BELL GARDENS, California, in accordance with the specifications for the unit price set forth in the following items:

BASE BID SCHEDULE ALLEY 1, ALLEY 2, ALLEY 3, ALLEY 4 AND ALLEY 5 Item
No.

Description
Estimated
Quantity
1 Provide Traffic Control 1
Sawcut and Remove Existing Concrete Alley Intersection 1,6911 Sawcut and Remove Existing Concrete Sidewalk 24
Sawcut and Remove Existing Concrete Longitudinal Gutter 1,833 Unit
LS
SF
SF
Unit
Price $
Extended
Amount $
16,400
18,860
5,740
,580
wcut and Remove Existing AC Pavement, Base, Sub
base, and Native Soil to clear depth for New Improvement Sawcut and Remove Existing PCC Pavement and Native
Soil to clear depth for New Improvement
715
253
Construct Concrete Alley Intersection 1,690
Construct 4" Thick Concrete Sidewalk 24
CY
SF
SF
SF
9,720
7,380
13,94
4,1 .0
Construct Concrete Longitudinal Gutter 1,833
Provide and Place 6" -Thick Crushed Miscellaneous Base
CMB'
509
Construct 2" -Thick AC Base Course Type B -PG 64-10 286 SF
CY
TON
23,780
97,580
2„000
Construct 2" -Thick Asphalt Concrete Overlay Type
C2 -PG 64-10
286
TON
52,000
13 Construct 8" Thick Concrete Pavement 253
SF
7,25
C-2
Exhibit 1 215

item
No,
Description
14 Construct 2"x6" Redwood Header
Estimated
Quantity
740
Unit Unit
Price $
LF
Extended
Amount $
217320
15 Adjust Existing Water Meter Box and Cover to Finished Grade, Replace Broken Cover/Box
16 Adjust Existing Water Valve Cans and Covers to Finished Grade
17 Adjust Existing Storm Drain/Sewer/Utility Manhole Frame and Cover to Finished Grade
18 Furnish and Install Public Improvement Project Signs 13 4
EA
EA
14,780
4,100
6,560
4,920
Construction Survey, Staking, Re-establish Survey
Monuments and Centerline Ties
20 Provide Material Testing Services as Directed by the Engineer -- Allowance
TOTAL AMOUNT BASE BID IN FIGURES:

TOTAL AMOUNT IN WORDS BASE BID:

LS
LS $3,500
6,376
$3,500
555;406
Five hundred fifty six thousand four hundred six
Singh Group in
Company Name
DOLLARS.

Bidders Sig ature

IN CASE OF DISCREPANCY BETWEEN THE WORDS AND FIGURES, THE WORDS SHALL PREVAIL.

If the City determines to award a contract for this Base Bid, or Base Bid and Additive Bid, the City's determination will be based on the best interest of the City.

The Contractor shall complete all work in every detail within forty (40) working days (for Base Bid) comprised of five (5) working days for mobilization and thirty- five (35) working days for construction, after the effective date in the Notice -to - Proceed with the Work to be issued by the CITY. If the Base Bid and Additive Bid are awarded, the city allows seven (7) additional working days for each Additive Bid.

C-3
Exhibit 1 216

BID SCHEDULE
FOR

VARIOUS ALLEYS IMPROVEMENTS
C.I.P. NO. 3930

IN THE CITY OF BELL GARDENS
The undersigned declares that he/she has carefully examined the location of the proposed work, that he/she has examined the specifications and read the accompanying instructions to bidders, and hereby proposes to do all the work in accordance with said specifications for the amounts set forth below; Construct improvements as reiterated above, located in the City of BELL GARDENS, California, in accordance with the specifications for the unit price set forth in the following items:

ADDITIVE BID SCHEDULE "A" ALLEY 6

THE CONTRACT WILL BE AWARDED TO THE LOWEST RESPONSIBLE BIDDER

BASED ON THE BASE BID SCHEDULE
Item
No.
1A
2A
4A
5A
7A
9A
10A
11A
12A
Description
Provide Traffic Control
Sawcut and Remove Existing Concrete Alley Intersection
Sawcut and Remove Existing Concrete Longitudinal Gutter Sawcut and Remove Existing AC Pavement, Base, Sub-
base, and Native Soil to clear depth for New Improvement Construct Concrete Alley Intersection
Construct Concrete Longitudinal Gutter
Provide and Place 6" -Thick Crushed Miscellaneous Base
(CMB)
Construct 2" -Thick AC Base Course Type B -PG 64-10
Construct 2" -Thick Asphalt Concrete Overlay Type
C2 -PG 64-10
Estimated
Quantity
49 162
49 162
55 Unit
Unit Extended
Price $ Amount $
LS 3,230
SF 3,230
SF 4,133
CY 2,
SF 4,1
SF 4,100
CY 33,420
TON
TON 13,940
14A
Construct 2"x6" Redwood Header
30 LF 1,640
15A
Adjust Existing Water Meter Box and Cover to Finished
Grade, Replace Broken Cover/Box
C-4
EA
Exhibit 1 217

item
No.
16A
Description
Adjust Existing Water Valve Cans and Covers to Finished Grade
Estimated
_Quantity
Unit
Unit Extended
Price Amount $
820
18A
Furnish and Install Public Improvement Project Signs
2 1,641
19A
20A
Construction Survey, Staking, Re-establish Survey
Monuments and Centerline Ties
Provide Material Testing Services as Directed by the
Engineer — Allowance
TOTAL AMOUNT ADDITIVE BID "$A"
IN FIGURES:

TOTAL AMOUNT IN WORDS ADDITIVE BID "A":

Ore hundred thousand seven hundred forty
LS
LS
1,640
$700 $700
Singh Group Inc
Company Name Bidders , ig, ture
DOLLARS.

IN CASE OF DISCREPANCY BETWEEN THE WORDS AND FIGURES, THE WORDS SHALL PREVAIL.

If the City determines to award a contract for this Base Bid, or Base Bid and Additive Bid, the City's determination will be based on the best interest of the City.

All work of this project shall be completed within forty (40) working days of the effective date of the Notice -to -Proceed to be issued by AGENCY, including five (5) working days for Mobilization and thirty-five (35) working days for Construction.

If the Base Bid and Additive Bid "A" are awarded, all work shall be completed within forty-seven (47) working days (the city allows seven (7) additional working days for Additive Bid "A") of the effective date of the Notice -to -Proceed to be issued by AGENCY, including five (5) working days for Mobilization and forty-two (42) working days for Construction.

C-5
Exhibit 1 218

BID SCHEDULE
FO....

VARIOUS ALLEYS IMPROVEMENTS
C.LP. NO. 3930

IN THE CITY OF BELL GARDENS
The undersigned declares that he/she has carefully examined the location of the proposed work, that he/she has examined the specifications and read the accompanying instructions to bidders, and hereby proposes to do all the work in accordance with said specifications for the amounts set forth below:

Construct improvements as reiterated above, located in the City of BELL GARDENS, California, in accordance with the specifications for the unit price set forth in the following items:

ADDITIVE BID SCHEDULE "B" ALLEY 7

THE CONTRACT WILL BE AWARDED TO THE LOWEST RESPONSIBLE BIDDER

BASED ON THE BASE BID SCHEDULE
Item
No.

Description
Estimated
Quantity
Unit
Unit
Price $
Extended
Amount $
1B
Provide Traffic Control
1 LS
396
2B
Sawcut and Remove Existing Concrete Alley Intersection
373
1079
SF
SF
4 O
580
4B
Sawcut and Remove Existing Concrete Longitudinal Gutter 5B
Sawcut and remove Existing AC Pavement, Base, Sub-
base, and Native Soil to clear depth for New Improvement 306
CY
67',400
7B
9B
Construct Concrete Alley Intersection
Construct Concrete Longitudinal Gutter
373
1079
SF
SF
4,100
15,580
19B
Provide ? and Place 6" -Thick Crushed Miscellaneous Base 215
CY
6,740
11B
Construct 2" -Thick AC Base Course Type B -PG 64-10
123
TON
36,080
12B
Construct 2" -Thick Asphalt Concrete Overlay Type
C2 -PG 64-10
123
TON
36,080
14B
Construct 2"x6" Redwood Header
360
LF
9,348
15B
Adjust Existing Water Meter Box and Cover to Finished
Grade, Re lace Broken Cover/Box
11 EA
5,74
C-6
Exhibit 1 219

Description
Adjust Existing Water Valve Cans and Covers to Finished Grade
Estimated
Quantity
2 Unit
EA
Unit
Price $
Extended
Amount $
°1, 4t
Furnish and install Public Improvement Project Signs
EA
1,640
Construction Survey, Staking, Re-establish Survey
Monuments and Centerline Ties
LS
1,640
Provide Material Testing Services as Directed by the
Engineer — Allowance
TOTAL AMOUNT BASE BID IN FIGURES:

TOTAL AMOUNT IN WORDS ADDITIVE BID t4B":

LS
$700
$700
242,764
Two hundred forty two thousand seven hundred sixty four Singh Group Inc
Company Name Bidder's Signature
DOLLARS.

IN CASE OF DISCREPANCY BETWEEN THE WORDS AND FIGURES, THE WORDS SHALL PREVAIL.

If the City determines to award a contract for this Base Bid, or Base Bid and Additive Bid, the City's determination will be based on the best interest of the City.

All work of this project shall be completed within forty (40) working days of the effective date of the Notice -to -Proceed to be issued by AGENCY, including five (5) working days for Mobilization and thirty-five (35) working days for Construction.

If the Base Bid and Additive Bid "B" are awarded, all work shall be completed within forty-seven (47) working days (the city allows seven (7) additional working days for Additive Bid "B") ") of the effective date of the Notice -to -Proceed to be issued by AGENCY, including five (5) working days for Mobilization and forty-two (42) working days for Construction.

C-7
Exhibit 1 220

DESIGNATION OF SUBCONTRACTORS
BIDDER proposes to subcontract certain portions of the work that are in excess of one-half of 1 percent of the total amount bid or $10,000, whichever is greater, as follows:

Name: N/A
Address:

Telephone No.:

State License No:

Portion of Work:

Name:

Address:

Telephone No.:

State License No.:

Portion of Work:

Name:

Address:

Telephone No.:

State License No.:

Portion of Work:

Name:

Address:

Telephone No.:

State License No.:

Portion of Work:

Name:

Address:

Telephone No.:

State License No.:

Portion of Work:

Name:

Address:

Telephone No.:

State License No.:

Portion of Work:

Prior to award of contract, Contractor shall submit a list of suppliers and vendors, in writing, to the City Engineer,
C-8
Exhibit 1 221

REFERENCES
The following are the names, addresses, and telephone numbers for three public agencies for which BIDDER had performed similar STREET IMPROVEMENT WORK IN THE PUBLIC RIGHT OF WAY within the past 2 years:

VSP - 560 S State St, Orem, UT 84058
Name and Address of Owner
Ash Kumar. [email protected]
Name and telephone number of person familiar with project $320,000 Parking Loot replacement March 2023
Contract amount
Type of work Date completed
2 The Teams Foundation - 2712 Laker Ave West, Carlsbad, CA Name and Address of Owner
Alan Demartini, 750-891-4330
Name and telephone number of person familiar with project 575,000
Contract amount
Repairlreplace parking lots
Type of work

3. DF Corp M 555 W. Country Club Lane
Name and Address of Owner
Maria Cruz, 7810-855-1327
Name and telephone number of person familiar with project 250000
Contract amount
Parking Lot repairs
Type of work
Nov 2022
Date completed
Oct 2022
Date completed
The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds:

C-9
Exhibit 1 222

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE
BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any AGENCY, State or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.

AFFIRMATIVE ACTION CERTIFICATION
BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents.

NONCOLLUSION AFFIDAVIT
BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the AGENCY is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work and that this proposal is in all respects fair and without collusion or fraud.

C-10
Exhibit 1 223

BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:

Bidder's Name
Business Address
Telephone
Singh Group Inc
1308 Descanso Ave, San Marcos, CA 02060
760-708-3088
State Contractor's License No. and Class 857561 . "A"
Original Date Issued Expiration Date 02/28/2025
The following are the names, titles, addresses, and telephone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal (use additional 8 1/2" x 11" sheets if needed):

Adolf Singh - President, 1303 Descanso Ave, San Marcos, CA 02060 760-798-3088
The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal, or any firm, corporation, partnership or joint venturer of which any principal having an interest in this proposal was an owner, corporate officer, partner or joint venturer are as follows:

NiA
All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows
C/A
G-1 1
Exhibit 1 224

IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, title, hands, and seal of all forenamed principals this 28 day of August 20 23 BIDDER
Singh Group Inc
The undersigned declares under penalty of perjury under the laws of the State of California that the representations made hereto are true and correc Signatur af Contractor's Representative
Adolf Singh
Printed Name
President
Title
Subscribed and sworn to this day of
NOTARY PUBLIC_
101
C-12
, 20
Exhibit 1 225

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

State of California
County of San Diego
Subscribed and sworn to (or affirmed) before me on this as- day of 201a_by
81»L -F 1 &/-)
proved to me on the basis of satisfactory evidence to be the person( ho appeared before me. gnature 4 (Notary seal)
IIJ4ir2J/) evli0) / ,• JA -:ti,

HAMID EMADIAN NAEINI
Notary Public - California a San Diego County
Commission # 2394143
Comm. Expires Feb 16, 2026

OPTIONAL INFORMATION

DESCRIPTION OF THE ATTACHED DOCUMENT
,X.R2p0 S AZ F !Z l MPd?.b1/R MN
(Tilk or description of attached document)
(Title or description of attached document continued)
Number of Pages C-12. Document Date 6-Z
23 (Additional information)

INSTRUCTIONS FOR COMPLETING THIS FORM
The wonting of all Jurats completed in California after January i, 2008 must be in the form as set forth within this Juror. There are no exceptions. If a Jurist to be completed does not follow this form, the notary must correct the verbiage by using a jurat stump containing the correct wording or attaching a separate juror form such at this one which does contain proper wording. In addition, the notary must require an oath or gfrmation from the document signer regarding the truthfulness of the contents of the document. The document must be signed AFTER the oath or affirmation. If the document was previously signed, it must be re-signed in front of the nokrry public during the jurat process.
• State and County information must be the Slate and County where the document signer(s) personally appeased before the notary public. • Date of notarization must be the date that the signers) personally appeared which must also be the same date the just process is completed. • Print the name(s) of document signers) who personally appear at the time of notarization.
• Signature of the notary public muss match the signature on file with the office of the county clerk.
• The notary seal impression must be cleat and photographically reproducible.

Impression must not cover IeRI or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different just form. 4 Additional information u not required but could help to ensure this jurat is not misused or attached to a different document. i Indicate tide or type of attached document, number of pages and date. • Securely attach this document to the signed document
2008 Version CAPA v1.9.07 800-873-9865 www.NotaryClasses.com Exhibit 1
226

PROPOSAL GUARANTEE

BID BOND
FOR

VARIOUS ALLEYS IMPROVEMENTS
G.I.P. NO. 3930

IN THE CITY OF BELL GARDENS
KNOW ALL PERSONS BY THESE PRESENTS that
as BIDDER, and , a
corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of Califomia, as SURETY, are held and firmly bound unto the City of Bell Gardens, as AGENCY, in the penal sum of
Dollars
{$ ), which is ten (10) percent of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and voided, otherwise it shall remain in full force and effect in favor of the AGENCY.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of , 20_.

BIDDER*
SURETY*
Subscribed and sworn to this
day of , 20

NOTARY PUBLIC
C-13
Exhibit 1 227

Provide BIDDER/ADMITTED SURETY name, address, title and telephone number and the name, title, address, and telephone number of authorized representative.

See Attached
C-14
Exhibit 1 228

BIDDER'S VIOLATION OF LAW/SAFETY QUESTIONNAIRE
In accordance with Government Code Section 1431 ©.5, the BIDDER shall complete, under penalty of perjury, the following questionnaire.

QUESTIONNAIRE
Has the Bidder, any officer of the bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation?
Yes No X
If the answer is yes, explain the circumstances in the space provided.

Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire.

C-15
Exhibit 1 229

PROPOSAL GUARANTEE

BID BOND
FOR

VARIOUS ALLEYS IMPROVEMENTS
C.I.F. NO, 3930

IN THE CITY OF BELL GARDENS
KNOW ALL PERSONS BY THESE PRESENTS that Singh Group Inc. dbs Baja Pacific as BIDDER, and Western National Mutual insurance Campeny a corporation organized and existing under the laws of the State of Minnesota and duly authorized to transact business under the laws of the State of California. as SURETY, are held and firmly bound unto the City of BeII Gardens. as AGENCY. in the penal sum of
Ten Percent of the Total Amount of the Bid Dollars
(S 10% ). which is ten (10) percent of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum. BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and voided, othenr ise it shall rcamoln in full force and effect in favor of the AGENCY.

IN WITNESS WHEREOF the parties hereto have set their navies. titles, seals this 30th day of August . 2023,
BIDDER* Singh Group Inc. duty Bala auric_ 1308 Des
SURETY*
Insurance Corr 1.
q Ave
s CA 92059 ('( ). MO -(1534
MN a,+,,4`t5
Pietro FMicciche, Aitrnney-rn-Fact 3455 Ocean anew BNcf ?f20O CaEencfalc. CA 91256 Subscribed and sworn to this day of , 20

NOTARY PUBLIC
C-13
Exhibit 1 230

X
W

Provide BIDDER/ADMITTED SURETY name, address, title and telephone number and the name, title, address, and telephone number of authorized representative.

C-14
Exhibit 1 232

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Los Angeles
On
before me, ..

Date
personally appeared Pietro N1icc;iche
Angel Nunez, Notary Public
Here insert Name and' Title of the Officer
ers) o
who proved to me on the basis of satisfactory evidence to be the personN) whoss name6 subscribed to the within instrument and acknowledged to me that he/xRpdfloi executed the same in his/X*54W authorized capacity(1 ), and that by his/ XXsignature( on the instrument the person{' j, or the entity upon behalf of which the person ) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws
of the State of California -bat the foregoing paragraph is true and correct' /
WITNESS my,,tand ar
Piace Notary Seal Above
Signature _!�°°",

OPTIONAL
y Public
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document, Description of Attached Document
Title or Type of Document. ___.....____.. Document Date:

Number of Pages: Signer`(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name:

Corporate Officer — Title(s):

Partner ": Limi d General
"I,_ Attorney in Fact
Trustee s Guardian or Conservator
Other: Other:

Signer Is Representing: ._._ _______.._._....___..._,._.._..__.__..__._...._._ Signer is Represen Signer's Name,
Corporate Officer - TitleL)
Partner — I Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
©2014 National Notary .Association www.NationalNotary.© rg • 1 -600 -US NOTARY ('1-8O0-376-6327) Item 45907 Exhibit 1 233

1 E'5TERN NATIONAL

POWER OF ATTORNEY
KNOW./ ALL MEN BY THESE PRESENTS: That Western National Mutual Insurance Colnvary 6Je� s. rt a I n nuke, r:canslitute, and appolnt: Patricia Zenizo, Pietro Micciche, Manuel Reguerra.. and Elisabete Salazar Preferred Bonding Services (#9760)
Ural :I l ll fl Ju
ul Altorne yfs) ira Fact, with full power and authority for and on behalf of the Company -s sure y. t . and effect as though marrrt.ai"y affixed IN fif/ITNESS WHEREOF, Western National Mutual Insurance Company has caused these presents to be signed by it ,c proper officer and its corporate sal to be affixed this 1Fhh day of December . 2020.

Jun R. Hebeisen, Secretary
=sever, Or MINNESOTA, COMP( OE HENNEPIN
On this _..
individua
execution of the sanate, Land being by rare du
ith at the se;ri affixed io tine above inslrurteent a tear S aE of ttae corpear duly affixed and subscribed to the said instrument by the authority of the board of directors of saidcomertation.

C EI TIFICvAIr
one before me. Jon R. Hebeisran and Larry" A. Byers and to nirn known to be the ed the i7ILx;rvr Ii=Slruraant, and ll rap eau 'a acalvnu4 I6.dgerf if it, hey' arc ll7r; S61id o IGCrr' > et e,ii e 8 f>rT rate ara ruf4rr+ ,7ii't. 6irP;'t L the undr,rsi nod. assistant secretary o the UJestern National Mutual Insurance eance Co g _ � y t t loan}, a lvCinPleSOtz+ C'Orporalia]r9. CEPl tr a' Mat tgo 4a„reqc, and attached Power of Altorney remains in full force. and has not been revoked„ and furthermore, that the Rer..forriliong >f flier tuu,a,r1 of forth in the Power of Attorney, are now in force.
f Edina, MN this . '.+sday of
Exhibit 1
234

CITY OF BELL GARDENS

CONTRACT DOCUMENTS

PLANS, SPECIFICATIONS AND STANDARD DRAWINGS
FOR

VARIOUS ALLEYS IMPROVEMENTS
C.I.P. NO. 3930

IN THE CITY OF BELL GARDENS
PREPARED BY:

ON PAST TUPC
3060 Saturn Street Suite 250
Brea, CA 92821
714-940-0100, 714-940-0700
Contact: Douglas Benash, P.E., City Engineer
Infrastructure Engineers Project No. 6027.295
BID OPENING: AUGUST 30, 2023, WEDNESDAY AT 11:00 AM
Exhibit 1 236

VARIOUS ALLEYS IMPROVEMENTS
C.I.P. NO. 3930

IN THE CITY OF BELL GARDENS

BID SCHEDULE
• Bid Period August 16, 2023 — August 30, 2023
• Bidder Information Sheet Deadline August 23, 2023 at 5:00 PM • Request for Information Deadline August 23, 2023 at 5:00 PM • Bid Opening August 30, 2023 at 11:00 AM
• Award of Contract September 11, 2023, City Council meeting • Pre -Construction Meeting September 21, 2023
• Construction Begins October 21, 2023
Bids will be received at the office of the City Clerk, City Hall, 7100 Garfield Avenue, Bell Gardens, CA 90201, 11:00 AM on August 30, 2023.

These Specifications have been prepared
under the direction of:

Amir Farahani, P.E.

Civil No. 54235
Exhibit 1 2137

VARIOUS ALLEYS IMPROVEMENTS
C.I.P. NO. 3930

IN THE CITY OF BELL GARDENS

TABLE OF CONTENTS
NOTICE INVITING SEALED BID A-1
INSTRUCTION TO BIDDERS B-1
PROPOSAL C-1
CONTRACT AGREEMENT D-1
GENERAL SPECIFICATIONS..................................................................................GP-1 SPECIAL PROVISIONS - GENERAL SECTION GP -7
SPECIAL PROVISIONS - BID ITEM DESCRIPTIONS BD -1
APPENDIX "A" - STANDARD PLANS
APPENDIX "B" - DEPARTMENT OF INDUSTRIAL RELATIONS (DIR)

CONTRACTOR REGISTRATION NUMBER FORM
APPENDIX "C" - TRASH COLLECTION SCHEDULE
APPENDIX "D" - INSTALL PUBLIC IMPROVEMENT PROJECT SIGNS Exhibit 1
�38

NOTICE INVITING SEALED BID
FOR

VARIOUS ALLEYS IMPROVEMENTS
C.I.P. NO. 3930

IN THE CITY OF BELL GARDENS
PUBLIC NOTICE IS HEREBY GIVEN that the City of BeII Gardens as AGENCY, invites sealed bids for the above -stated project and will receive such bids in the offices of the City Clerk, City HaII, 7100 South Garfield Avenue, Bell Gardens, California 90201, up to the hour of 11:00 AM on August 30, 2023, at which time they will be publicly opened.

Copies of the Plans, Specifications, and contract documents are available on the City's website at https://www.bellgardens.orq/i-want-to/view-bids-rfps/rfps-and-bids . To be on the Plan Holders List for this project, each bidder must submit a Bidder's Information Sheet which is also available on the City's website, to dbenash infengr.com. Bids will not be accepted unless the bidder is on the Plan Holder List. All Bidder Information Sheets are required to be submitted no later than 5:00 PM on August 23, 2023. Bids will not be accepted unless the Bidder Information Sheet is submitted and logged onto the plan holders list. Failure to submit the Bidder Information Sheet by the deadline noted above will result in declaring any submitted bids as non -responsive.

To comply with SB 854, beginning January 1, 2015 the following applies:

1. No contractor or subcontractor may be listed on a bid proposal for public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

2. No contractor or subcontractor may be awarded a contract for public works on a public works project awarded on or after April 1, 2015, unless registered with the DIR.

3. The project is subject to compliance monitoring and enforcement by the DIR.

4. Require the prime contractor to post job site notices prescribed by regulation (regulation not created yet) or the City must post the notices itself.

The Contractor shall fill in the Department of Industrial Relations (DIR) Contractor Registration Number Form provided in Appendix "B" and submit it with the sealed Bid.

A-1
Exhibit 1 239

Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of Section 1773.2 of the Labor Code of the State of California, the minimum prevailing rate of per hourly wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the City Hall, City of Bell Gardens, 7100 South Garfield Avenue, Bell Gardens, California 90201, and are available to any interested party on request.

Attention is directed to the provisions of Section 1777.5 (Chapter 1141, Statutes of 1968) and 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any such subcontractor under him. Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, age, marital status, ancestry, sex, religion, or handicap will also be required.

The AGENCY will deduct 5 percent retention from all progress payments as specified in Section 9-3.2 of these specifications. The Contractor may substitute an escrow holder surety of equal value to the retention. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. Contractor shall provide AGENCY with weekly payroll reports.

The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, age, marital status, ancestry, sex, religion, sexual orientation or handicap in any consideration leading to the award of contract.

In entering into a public works contract, or a subcontract, to supply goods, services, or material pursuant to a public works contract, the Contractor, or subcontractor, offers and agrees to assign to the awarding body all rights, title and interest in, and to, all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties.

Bids must be prepared on the approved Proposal forms or copies thereof in conformance with the Instructions to Bidders and submitted in a sealed envelope plainly marked on the outside as follows:

VARIOUS ALLEYS IMPROVEMENTS
C.I.P. NO. 3930
A-2
Exhibit 1 240

The bid must be accompanied by cash, a certified or cashier's check, or bidder's bond, issued by an "admitted surety insurer" made payable to the AGENCY for an amount no less than 10 percent of the total base bid amount.

All bidders shall be licensed in accordance with the provisions of the Business and Professions Code and shall possess a State Contractor's License, Class A, at the time of bid submittal. The successful Contractor and each of his subcontractors will be required to possess a Business License from the City.

The liquidated damages for this project is five hundred dollars ($500.00) per calendar day the project is not completed within the contract time.

The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advertisement for a period of sixty (60) days.

The Contractor shall complete all work in every detail within forty (40) working days (for Base Bid) comprised of five (5) working days for mobilization and thirty-five (35) working days for construction, after the effective date in the Notice -to -Proceed with the Work to be issued by the CITY. If the Base Bid and Additive Bid are awarded, the city allows seven (7) additional working days for each Additive Bid.

BY ORDER OF the City of Bell Gardens, California.

Dated: August 16, 2023
A-3
Exhibit 1 241

INSTRUCTION TO BIDDERS

VARIOUS ALLEYS IMPROVEMENTS
C.I.P. NO. 3930

IN THE CITY OF BELL GARDENS

PROPOSAL FORMS
Bids shall be submitted, in writing, on the Proposal forms provided by the AGENCY or copies thereof. All information requested thereon must be clearly and legibly set forth in the manner and form indicated. The AGENCY will not consider any proposal not meeting these requirements.

PROPOSAL GUARANTEE
Proposals must be accompanied by a proposal guarantee consisting of cash, a certified or cashier's check or bid bond by an "admitted surety insurer" payable to the AGENCY in the amount not less than 10 percent of the total amount bid. Any proposal not accompanied by such a guarantee will not be considered. If a bidder to whom a contract is awarded fails or refuses to execute the contract documents or furnish the required insurance policies and bonds as set forth in those documents, the proposal guarantee shall be forfeited to the AGENCY. The proposal guarantees all bidders will be held until the successful bidder has properly executed all contract documents.

DELIVERY OF PROPOSAL
Proposals shall be enclosed in a sealed envelope plainly marked on the outside "BID FOR VARIOUS ALLEYS IMPROVEMENTS, C.I.P. NO. 3930 - IN THE CITY OF BELL GARDENS — DO NOT OPEN WITH REGULAR MAIL". Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the AGENCY'S designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. Late proposals will not be considered.

WITHDRAWAL OF PROPOSALS
A proposal may be withdrawn by a written request signed by the bidder. Such requests must be delivered to the AGENCY'S designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. Proposals may not be withdrawn after said hour without forfeiture of the proposal guarantee. The withdrawal of the proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so.

B-1
Exhibit 1 242

IRREGULAR PROPOSALS
Unauthorized conditions, limitations or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, facsimile, electronic, or telephonic proposal submittal, or modification, or withdrawal will be considered.

TAXES
No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable.

DISQUALIFICATIONS OF BIDDERS
In the event that any bidder acting as prime contractor has an interest in more than one proposal, all such proposals will be rejected, and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. No proposals will be accepted from bidders who are not licensed in accordance with the provisions of the State Business and Professions Code; and who do not possess a State Contractor's License, Class A, at the time of bid submittal.

DISCREPANCIES AND MISUNDERSTANDINGS
Bidders must satisfy themselves by personal examination of the work site, Plans, Specifications, and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the Plans, Specifications, or other contract documents shall be called to the attention of the AGENCY and clarified prior to the submission of proposals.

EQUIVALENT MATERIALS
Although the bidder may believe that by use of a different material than that specified on/in the plans and specifications a lower cost project/bid may result, the bidder is to bid the project on the basis of using the material(s) as named keeping in mind that all materials named herein by manufacturer is not to prohibit the bidder considering using in his bid what he considers to be an equal material except where the AGENCY has designated a sole product. Once the bids have been opened the successful Contractor may discuss with the AGENCY the use of another product; which may result in a determination by the AGENCY that the other product is equal and possibly that by the B-2
Exhibit 1 243

AGENCY allowing the use of the Contractor proposed equal that a change in the contract amount may result.

LEGAL RESPONSIBILITIES
All proposals must be submitted, filed, made and executed in accordance with State laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications, and other contract documents, and to full compliance therewith.

Additionally, any bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum prevailing per hourly wages as provided in Section 1773, et seq. of the Labor Code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California in its wage sheets.

AWARD OF CONTRACT
The award of contract, if made, will be to the lowest responsible bidder as determined solely by the AGENCY. Additionally, the AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a period of 60 days, all as may be required to provide for the best interest of the AGENCY. In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the award is contemplated. All bids will be compared with the City Engineer's Estimate.

LIQUIDATED DAMAGES
The Liquidated Damages for this project is five hundred dollars ($500.00) per calendar day.

CONSTRUCTION SCHEDULE
The winning bidder must sign and submit the contract to the City within ten (10) days of awarded contract the bonds, insurance certificates and all other documentation necessary prior to start of construction must be submitted to the City at the pre - construction meeting on September 21, 2023. Construction must begin on October 21, 2023.

B-3
Exhibit 1 244

PROPOSAL
FOR

VARIOUS ALLEYS IMPROVEMENTS
C.I.P. NO. 3930

IN THE CITY OF BELL GARDENS
TO THE CITY OF BELL GARDENS, as AGENCY
In accordance with AGENCY'S Notice Inviting Sealed Bid, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor and incidentals required for the above -stated project as set forth in the Plans, Specifications, and contract documents therefor, and to perform all work in the manner and time prescribed therein.

BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instruction to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump -sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guarantee accompanying this proposal.

BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO INCREASE

OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump -sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures.

If awarded the Contract, the undersigned further agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates by the dates stablished by the agency after the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void.

C-1
Exhibit 1 245

BID SCHEDULE
FOR

VARIOUS ALLEYS IMPROVEMENTS
C.I.P. NO. 3930

IN THE CITY OF BELL GARDENS
The undersigned declares that he/she has carefully examined the location of the proposed work, that he/she has examined the specifications and read the accompanying instructions to bidders, and hereby proposes to do all the work in accordance with said specifications for the amounts set forth below:

Construct improvements as reiterated above, located in the City of BELL GARDENS, California, in accordance with the specifications for the unit price set forth in the following items:

BASE BID SCHEDULE ALLEY 1, ALLEY 2, ALLEY 3, ALLEY 4 AND ALLEY 5 Item
No.

Description
Estimated
Quantity
Unit
Unit
Price $
Extended
Amount $
1 Provide Traffic Control
1 LS
2 Sawcut and Remove Existing Concrete Alley Intersection 1,690
SF
3 Sawcut and Remove Existing Concrete Sidewalk
24 SF
4 Sawcut and Remove Existing Concrete Longitudinal Gutter 1,833
SF
5 Sawcut and Remove Existing AC Pavement, Base, Sub -
base, and Native Soil to clear depth for New Improvement 715
CY
6 Sawcut and Remove Existing PCC Pavement and Native
Soil to clear depth for New Improvement
253
SF
7 Construct Concrete Alley Intersection
1,690
SF
8 Construct 4" Thick Concrete Sidewalk
24 SF
9 Construct Concrete Longitudinal Gutter
1,833
SF
10 Provide and Place 6" -Thick Crushed Miscellaneous Base (CMB)
509
CY
11 Construct 2" -Thick AC Base Course Type B -PG 64-10
286
TON
12 Construct 2" -Thick Asphalt Concrete Overlay Type
C2 -PG 64-10
286
TON
13 Construct 8" Thick Concrete Pavement
253
SF
C-2
Exhibit 1
246

Item
No.

Description
Estimated
Quantity
Unit
Unit
Price $
Extended
Amount $
14 Construct 2"x6" Redwood Header
740
LF
15 Adjust Existing Water Meter Box and Cover to Finished Grade, Replace Broken Cover/Box
13 EA
16 Adjust Existing Water Valve Cans and Covers to Finished Grade
5 EA
17 Adjust Existing Storm Drain/Sewer/Utility Manhole Frame and Cover to Finished Grade
3 EA
18 Furnish and Install Public Improvement Project Signs 4 EA
19 Construction Survey, Staking, Re-establish Survey
Monuments and Centerline Ties
1 LS
20 Provide Material Testing Services as Directed by the Engineer — Allowance
1 LS
$3,500
$3,500
TOTAL AMOUNT BASE BID IN FIGURES:
$
TOTAL AMOUNT IN WORDS BASE BID:

DOLLARS.

Company Name Bidder's Signature

IN CASE OF DISCREPANCY BETWEEN THE WORDS AND FIGURES, THE WORDS SHALL PREVAIL.

If the City determines to award a contract for this Base Bid, or Base Bid and Additive Bid, the City's determination will be based on the best interest of the City.

The Contractor shall complete all work in every detail within forty (40) working days (for Base Bid) comprised of five (5) working days for mobilization and thirty- five (35) working days for construction, after the effective date in the Notice -to - Proceed with the Work to be issued by the CITY. If the Base Bid and Additive Bid are awarded, the city allows seven (7) additional working days for each Additive Bid.

C-3
Exhibit 1 247

BID SCHEDULE
FOR

VARIOUS ALLEYS IMPROVEMENTS
C.I.P. NO. 3930

IN THE CITY OF BELL GARDENS
The undersigned declares that he/she has carefully examined the location of the proposed work, that he/she has examined the specifications and read the accompanying instructions to bidders, and hereby proposes to do all the work in accordance with said specifications for the amounts set forth below:

Construct improvements as reiterated above, located in the City of BELL GARDENS, California, in accordance with the specifications for the unit price set forth in the following items:

ADDITIVE BID SCHEDULE "A" ALLEY 6

THE CONTRACT WILL BE AWARDED TO THE LOWEST RESPONSIBLE BIDDER

BASED ON THE BASE BID SCHEDULE
Item
No.

Description
Estimated
Quantity
Unit
Unit
Price $
Extended
Amount $
1A
Provide Traffic Control
1 LS
2A
Sawcut and Remove Existing Concrete Alley Intersection
49 SF
4A
Sawcut and Remove Existing Concrete Longitudinal Gutter 162
SF
5A
Sawcut and Remove Existing AC Pavement, Base, Sub -
base, and Native Soil to clear depth for New Improvement 83 CY
7A
Construct Concrete Alley Intersection
49 SF
9A
Construct Concrete Longitudinal Gutter
162
SF
10A
Provide and Place 6" -Thick Crushed Miscellaneous Base
(CMB)
55 CY
11A
Construct 2" -Thick AC Base Course Type B -PG 64-10
33 TON
12A
Construct 2" -Thick Asphalt Concrete Overlay Type
C2 -PG 64-10
33 TON
14A
Construct 2"x6" Redwood Header
30 LF
15A
Adjust Existing Water Meter Box and Cover to Finished
Grade, Replace Broken Cover/Box
2 EA
C-4
Exhibit 1
248

Item
No.

Description
Estimated
Quantity
Unit
Unit
Price $
Extended
Amount $
16A
Adjust Existing Water Valve Cans and Covers to Finished Grade
1 EA
18A
Furnish and Install Public Improvement Project Signs
2 EA
19A
Construction Survey, Staking, Re-establish Survey
Monuments and Centerline Ties
1 LS
20A
Provide Material Testing Services as Directed by the
Engineer — Allowance
1 LS
$700
$700
TOTAL AMOUNT ADDITIVE BID "A"
IN FIGURES:

TOTAL AMOUNT IN WORDS ADDITIVE BID "A":

DOLLARS.

Company Name Bidder's Signature

IN CASE OF DISCREPANCY BETWEEN THE WORDS AND FIGURES, THE WORDS SHALL PREVAIL.

If the City determines to award a contract for this Base Bid, or Base Bid and Additive Bid, the City's determination will be based on the best interest of the City.

All work of this project shall be completed within forty (40) working days of the effective date of the Notice -to -Proceed to be issued by AGENCY, including five (5) working days for Mobilization and thirty-five (35) working days for Construction.

If the Base Bid and Additive Bid "A" are awarded, all work shall be completed within forty-seven (47) working days (the city allows seven (7) additional working days for Additive Bid "A") of the effective date of the Notice -to -Proceed to be issued by AGENCY, including five (5) working days for Mobilization and forty-two (42) working days for Construction.

C-5
Exhibit 1 249

BID SCHEDULE
FOR

VARIOUS ALLEYS IMPROVEMENTS
C.I.P. NO. 3930

IN THE CITY OF BELL GARDENS
The undersigned declares that he/she has carefully examined the location of the proposed work, that he/she has examined the specifications and read the accompanying instructions to bidders, and hereby proposes to do all the work in accordance with said specifications for the amounts set forth below:

Construct improvements as reiterated above, located in the City of BELL GARDENS, California, in accordance with the specifications for the unit price set forth in the following items:

ADDITIVE BID SCHEDULE "B" ALLEY 7

THE CONTRACT WILL BE AWARDED TO THE LOWEST RESPONSIBLE BIDDER

BASED ON THE BASE BID SCHEDULE
Item
No.

Description
Estimated
Quantity
Unit
Unit
Price $
Extended
Amount $
1B
Provide Traffic Control
1 LS
2B
Sawcut and Remove Existing Concrete Alley Intersection
373
SF
4B
Sawcut and Remove Existing Concrete Longitudinal Gutter 1079
SF
5B
Sawcut and remove Existing AC Pavement, Base, Sub -
base, and Native Soil to clear depth for New Improvement 306
CY
7B
Construct Concrete Alley Intersection
373
SF
9B
Construct Concrete Longitudinal Gutter
1079
SF
10B
Provide and Place 6" -Thick Crushed Miscellaneous Base
(CMB)
215
CY
11B
Construct 2" -Thick AC Base Course Type B -PG 64-10
123
TON
12B
Construct 2" -Thick Asphalt Concrete Overlay Type
C2 -PG 64-10
123
TON
14B
Construct 2"x6" Redwood Header
360
LF
15B
Adjust Existing Water Meter Box and Cover to Finished
Grade, Replace Broken Cover/Box
11 EA
C-6
Exhibit 1
250

Item
No.

Description
Estimated
Quantity
Unit
Unit
Price $
Extended
Amount $
16B
Adjust Existing Water Valve Cans and Covers to Finished Grade
2 EA
18B
Furnish and Install Public Improvement Project Signs
2 EA
19B
Construction Survey, Staking, Re-establish Survey
Monuments and Centerline Ties
1 LS
20B
Provide Material Testing Services as Directed by the
Engineer — Allowance
1 LS
$700
$700
TOTAL AMOUNT BASE BID IN FIGURES:
$
TOTAL AMOUNT IN WORDS ADDITIVE BID "B":

DOLLARS.

Company Name Bidder's Signature

IN CASE OF DISCREPANCY BETWEEN THE WORDS AND FIGURES, THE WORDS SHALL PREVAIL.

If the City determines to award a contract for this Base Bid, or Base Bid and Additive Bid, the City's determination will be based on the best interest of the City.

All work of this project shall be completed within forty (40) working days of the effective date of the Notice -to -Proceed to be issued by AGENCY, including five (5) working days for Mobilization and thirty-five (35) working days for Construction.

If the Base Bid and Additive Bid "B" are awarded, all work shall be completed within forty-seven (47) working days (the city allows seven (7) additional working days for Additive Bid "B") of the effective date of the Notice -to -Proceed to be issued by AGENCY, including five (5) working days for Mobilization and forty-two (42) working days for Construction.

C-7
Exhibit 1 251

DESIGNATION OF SUBCONTRACTORS
BIDDER proposes to subcontract certain portions of the work that are in excess of one-half of 1 percent of the total amount bid or $10,000, whichever is greater, as follows:

Name:

Address:

Telephone No.:

State License No.:

Portion of Work:

Name:

Address:

Telephone No.:

State License No.:

Portion of Work:

Name:

Address:

Telephone No.:

State License No.:

Portion of Work:

Name:

Address:

Telephone No.:

State License No.:

Portion of Work:

Name:

Address:

Telephone No.:

State License No.:

Portion of Work:

Name:

Address:

Telephone No.:

State License No.:

Portion of Work:

Prior to award of contract, Contractor shall submit a list of suppliers and vendors, in writing, to the City Engineer.

C-8
Exhibit 1 252

REFERENCES
The following are the names, addresses, and telephone numbers for three public agencies for which BIDDER had performed similar STREET IMPROVEMENT WORK IN THE PUBLIC RIGHT OF WAY within the past 2 years:

Name and Address of Owner
Name and telephone number of person familiar with project

2. 3.

Contract amount
Type of work Date completed
Name and Address of Owner
Name and telephone number of person familiar with project Contract amount
Type of work Date completed
Name and Address of Owner
Name and telephone number of person familiar with project Contract amount
Type of work Date completed
The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds:

C-9
Exhibit 1 253

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE
BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any AGENCY, State or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.

AFFIRMATIVE ACTION CERTIFICATION
BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents.

NONCOLLUSION AFFIDAVIT
BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the AGENCY is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work and that this proposal is in all respects fair and without collusion or fraud.

C-10
Exhibit 1 254

BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:

Bidder's Name
Business Address
Telephone
State Contractor's License No. and Class
Original Date Issued Expiration Date
The following are the names, titles, addresses, and telephone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal (use additional 8'/2" x 11" sheets if needed):

The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal, or any firm, corporation, partnership or joint venturer of which any principal having an interest in this proposal was an owner, corporate officer, partner or joint venturer are as follows:

All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:

C-11
Exhibit 1 255

IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, title, hands, and seal of all forenamed principals this day of , 20 BIDDER
The undersigned declares under penalty of perjury under the laws of the State of California that the representations made hereto are true and correct.

Signature of Contractor's Representative
Printed Name
Subscribed and sworn to this

NOTARY PUBLIC
Title
day of
, 20
C-12
Exhibit 1 256

PROPOSAL GUARANTEE

BID BOND
FOR

VARIOUS ALLEYS IMPROVEMENTS
C.I.P. NO. 3930

IN THE CITY OF BELL GARDENS
KNOW ALL PERSONS BY THESE PRESENTS that
as BIDDER, and , a
corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Bell Gardens, as AGENCY, in the penal sum of
Dollars
($ ), which is ten (10) percent of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and voided, otherwise it shall remain in full force and effect in favor of the AGENCY.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of , 20_
BIDDER*
SURETY*
Subscribed and sworn to this

NOTARY PUBLIC
day of , 20
C-13
Exhibit 1 257

Provide BIDDER/ADMITTED SURETY name, address, title and telephone number and the name, title, address, and telephone number of authorized representative.

C-14
Exhibit 1 258

BIDDER'S VIOLATION OF LAW/SAFETY QUESTIONNAIRE
In accordance with Government Code Section 14310.5, the BIDDER shall complete, under penalty of perjury, the following questionnaire.

QUESTIONNAIRE
Has the Bidder, any officer of the bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation?
Yes No
If the answer is yes, explain the circumstances in the space provided.

Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire.

C-15
Exhibit 1 259

CITY OF BELL GARDENS

CONSTRUCTION CONTRACT AGREEMENT
FOR

VARIOUS ALLEYS IMPROVEMENTS
C.I.P. NO. 3930

IN THE CITY OF BELL GARDENS
THIS CONSTRUCTION CONTRACT (hereinafter, "Contract") is made and entered into this day of 2023 (hereinafter, the "Effective Date") by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "CITY") and [INSERT CONTRACTOR NAME] (hereinafter, "CONTRACTOR"). For the purposes of this Agreement, CITY and CONTRACTOR may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or CONTRACTOR interchangeably as appropriate.

RECITALS
WHEREAS, City requires public works construction services for the (hereinafter, the "Project"); and
WHEREAS, CITY issued notice inviting competitive bids for the Project on ; and
WHEREAS, following the opening of bids on , CONTRACTOR
was determined to be the lowest responsive and responsible bidder for the Project.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and CONTRACTOR agree as follows:

ARTICLE I (CONTRACT DOCUMENTS'
The contract documents for the aforesaid project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications, details, standard drawings, and appendices; together with this Contract Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements (hereinafter "Contract Documents") clarifying, or extending the work contemplated as may be required to D-1
Exhibit 1 260

ensure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein.

ARTICLE II (WORK TO BE PERFORMED'
The CONTRACTOR agrees to furnish all tools, equipment, apparatus, facilities, labor, transportation, and material necessary to perform and complete in a good and workmanlike manner INSERT PROJECT NAME, as called for, and in the manner designated in, and in strict conformity with, the Contract Documents. It is understood and agreed that the tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished and the work performed and completed as required in the Drawings and Specifications under the sole direction and control of the CONTRACTOR, and subject to inspection and approval of the CITY, or its representatives.

ARTICLE III (CONTRACT PRICE)
CITY agrees to pay and the CONTRACTOR agrees to accept, in full payment for the work above agreed to be done, the sum of ($ ) for the Project (hereinafter, the "Bid Price"). CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance, including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

ARTICLE IV (NOTICE AND SERVICE THEREOF)
Any notice from one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner, namely:
(a) If the notice is given to the CITY, by personal delivery thereof, or by depositing the same in the United States mail, enclosed in a sealed envelope, postage prepaid, and certified; addressed to the CITY at:

City of Bell Gardens
Public Works Department
Attn: Public Works Director
Bell Gardens City Hall
7100 Garfield Avenue
Bell Gardens, CA 90201
D-2
Exhibit 1 261

(b) If the notice is given to the CONTRACTOR, by personal delivery thereof to said CONTRACTOR or to its duly authorized representative at the site of the project, or by depositing the same in the United States mail, enclosed in a sealed envelope, postage prepaid, and certified; addressed to the CONTRACTOR at:

NAME

ADDRESS
Attn:

Phone: ( )
(c) If the notice is given to the surety or any other person, by personal delivery to such surety or other person, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to such surety or other person, as the case may be, at the address of such surety or person last communicated by it to the party giving the notice, postage prepaid and certified.

ARTICLE V (INSURANCE)
CONTRACTOR acknowledges the provisions of the State Labor Code requiring every employer to be insured against liability for worker's compensations, or to undertake self- insurance in accordance with the provisions of that code and certified compliance with such provisions.

CONTRACTOR agrees to indemnify, defend and hold harmless CITY and all if its officers and agents from any claims, demand or causes of action, including related expenses, attorney's fees, and costs, based on, arising out of, or in any way related to the work undertaken by CONTRACTOR hereunder. The liability insurance coverage values shall be:

Insurance Coverage Requirements Limit Requirements
Comprehensive General Liability
Product/Completed Operations Hazard
Comprehensive Automobile Liability
Contractual General Liability
Worker's Compensation
$2,000,000
$2,000,000
$2,000,000
$2,000,000
Statute
A combined single -limit policy with aggregated limits in the amount of $4,000,000 will be considered equivalent to the required minimum limits.

The issuer shall be an "admitted surety insurer" duly authorized to transact business under the laws of the State of California.

D-3
Exhibit 1 262

Acceptable insurance coverage shall be placed with the carriers admitted to write insurance in California or carriers with a rating of or equivalent to A:VIII by A.M. Best & Co. Any deviation from this rule shall require specific approval, in writing, from the CITY.

Insurance shall name the City of Bell Gardens, its officers, agents, and employees, including INFRASTRUCTURE ENGINEERS, as additional insured by endorsement of the CONTRACTOR's policy. A copy of the endorsement, showing policy limits, shall be provided to the CITY on or before signing this contract.

ARTICLE VI (EXECUTION'
CONTRACTOR affirms that the signatures, titles and seals set forth hereinafter in execution of this Contract Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having principal interest herein.

ARTICLE VII (COMPLETION DATE)
The Contractor shall complete all work in every detail within forty (40) working days (for Base Bid) comprised of five (5) working days for mobilization and thirty-five (35) working days for construction, after the effective date in the Notice -to -Proceed with the Work to be issued by the CITY. If the Base Bid and Additive Bid are awarded, the city allows seven (7) additional working days for each Additive Bid.

The liquidated damage for this project is five hundred dollars ($500.00) per calendar day for each calendar day the project is not completed to the satisfaction of the CITY within the contract time including any extension of time granted by the CITY.

ARTICLE VIII (RECORDS & AUDITS)
The CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to the contract and such other records as may be deemed necessary by the CITY to assure proper accounting for all project funds. These records will be made available for audit purposes to the CITY or any authorized representative and will be retained for 5 years after the expiration of this contract unless permission to destroy them is granted by the CITY.

ARTICLE IX (PREVAILING WAGES)
(a) CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1773.8, which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law.

D-4
Exhibit 1 263

(b) By the execution of this Contract, CONTRACTOR hereby certifies that it is registered with the California Department of Industrial Relations as required pursuant to Labor Code section 1725.5 (contractor registration).
(c) CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The CONTRACTOR shall, as a penalty to the CITY, forfeit no more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by CONTRACTOR or by a subcontractor.
(d) CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1776 which requires CONTRACTOR and each subcontractor to (i) keep accurate payroll records, (ii) certify and make such payroll records available for inspection as provided by Section 1776, and (iii) inform the Agency of the location of the records. The CONTRACTOR is responsible for compliance with Section 1776 by itself and all of its subcontractors.
(e) CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that the CONTRACTOR is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. (f) CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours without approval of the CITY. The CONTRACTOR shall, as a penalty to the Agency, forfeit twenty-five dollar ($25) for each worker employed in the execution of the contract by the CONTRACTOR or by any subcontractor for each calendar day or portion thereof during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division, 2, Part 7, Chapter 1, Article 3 of the California Labor Code. The CONTRACTOR may, with the approval of the City Engineer, use his employees to carry out work on the project beyond the normal eight (8) hour workday and on Saturdays, Sundays and Holidays provided the employees are paid at the following hourly rates:
• Week days (Monday through Fridays) after eight (8) hours daily and not to exceed twelve (12) hours daily total per day and not exceeding forty-eight (48) hours work in a seven (7) day period week at one and one-half (1.5) times the prevailing hourly wage for the initial eight (8) hours of regular work time for the time worked after the initial eight (8) hours regular time.
• Saturdays, Sundays and Holidays for time worked after forty (40) hours of regular work time in a seven (7) day period week at the rate of two D-5
Exhibit 1 264

(2.0) times the prevailing hourly wage for the initial eight (8) hours of regular weekday work time and not to exceed a total of forty-eight (48) hours of work within the seven (7) day work week period. (g) California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to under self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract."

ARTICLE X (PROMPT PAYMENT)
Prompt Progress Payment to Subcontractors
Attention is directed to Section 7108.5 of the California Business and Professions Code, which requires a prime contractor or subcontractor to pay any subcontractor not later than 10 days of receipt by the Contractor of each progress payment, unless otherwise agreed to in writing.
(SIGNATURES ON NEXT PAGE)
D-6
Exhibit 1 265

IN WITNESS THEREOF the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this contract agreement to be executed in triplicate by setting hereunto their names, titles, hands, and seals this day of , 20 .

Contractor:
(Signature)
Name and Title (Printed)
Contractor's License No. License Class
AGENCY Business License No.

Federal Tax Identification No.

Subscribed and sworn to this

NOTARY PUBLIC
AGENCY:

Attested:

Approved as
to form:
day of , 20
Mayor of the City of Bell Gardens
Date
City Clerk of the City of Bell Gardens
Date
City Attorney of the City of Bell Gardens
D-7
Exhibit 1 266

FAITHFUL PERFORMANCE BOND
FOR

VARIOUS ALLEYS IMPROVEMENTS
C.I.P. NO. 3930

IN THE CITY OF BELL GARDENS
KNOW ALL PERSONS BY THESE PRESENTS that , as
CONTRACTOR and , a corporation
organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Bell Gardens, as AGENCY, in the penal sum of Dollars ($ ),
which is 100 percent of the total contract amount for the above -stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above -stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of , 20 .

CONTRACTOR*
SURETY*
Subscribed and sworn to this day of , 20

NOTARY PUBLIC
D-8
Exhibit 1 267

Provide CONTRACTOR/ADMITTED SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative.

D-9
Exhibit 1 268

MATERIAL AND LABOR BOND
FOR

VARIOUS ALLEYS IMPROVEMENTS
C.I.P. NO. 3930

IN THE CITY OF BELL GARDENS
KNOW ALL PERSONS BY THESE PRESENTS that
as CONTRACTOR, and , a
corporation organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as SURETY, are held firmly bound unto the City of Bell Gardens, as AGENCY , in the penal sum of
Dollars ($ ), which is 100 percent of the total
contract amount for the above -stated project, for payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above -stated project, if CONTRACTOR or any subcontractor fails to pay for any labor or material of any kind used in the performance of the work to be done under said contract, or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall inure to the benefit of all persons entitled to file claims under the State Code of Civil Procedures; provided that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said altercations is hereby waived by SURETY.

IN WITNESS WHEREOF the parties have set their names, titles, hands, and seals this day of , 20
CONTRACTOR*
SURETY*
Subscribed and sworn to this day of , 20

NOTARY PUBLIC
D-10
Exhibit 1 269

Provide CONTRACT/ADMITTED SURETY name, address, and telephone number and the name, title, address, and telephone number for authorized representative.

D-11
Exhibit 1 270

NONCOLLUSION AFFIDAVIT TO BE EXECUTED

BY EACH AWARDEE OF A PRINCIPAL CONTRACT

STATE OF CALIFORNIA

COUNTY OF
)
)ss
)
being first duly sworn, deposes and says that he is
(sole owner, a partner, president, etc.)
of , the party making
the foregoing bid, that such bid is not made in the interest of or behalf of any undisclosed person, partnership, company, association, organization or corporation, that such bid is genuine and not collusive or sham, that said bidder has not directly or indirectly induced or solicited any other bidder to submit a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to submit a sham bid, or that anyone shall refrain from bidding, that said bidder has not in any manner, directly or indirectly, sought by agreements, communication or conference with anyone to fix the bid price of said bidder or of any other bidder, or to fix the overhead, profit or cost element of such bid price, or of that of any bidder, or to secure any advantage against the public body awarding the Contractor or anyone interested in the proposed contract; that all statements contained in such bid are true and, further, that said bidder has not, directly or indirectly, submitted his bid price, or any breakdown thereof, of the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection there with to any corporation, partnership, company, association, organization, bid depository or to any member or agency thereof, or to any other individual, except to such person or persons as have a partnership or other financial interest with said bidder in his general business.

Signed
Title
Subscribed and sworn to before me this day of , 20_
Notary Public
D-12
Exhibit 1 271

VARIOUS ALLEYS IMPROVEMENTS
C.I.P. NO. 3930

IN THE CITY OF BELL GARDENS

GENERAL SPECIFICATIONS

SCOPE OF WORK
The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications, and Contract documents. The general items of work include removal of existing AC Pavement, native soil, alley intersection, and longitudinal gutter; reconstruction of AC Pavement, alley intersection, and longitudinal gutter; construction of redwood header, placing CMB; adjust existing utilities manhole and cover to finish grade; adjust existing water meter, water valve and covers to finish grade; protect items in place, and all items not mentioned but indicated in the Plans and Specifications.

LOCATION OF WORK
The general location and limit of the work is as follows:
• Alley 1: Alley N/O Florence Avenue between End and Emil Avenue • Alley 2: Alley N/O Florence Avenue between Emil Avenue and End • Alley 3: Alley W/O Garfield Avenue between Muller Street and Quinn Street • Alley 4: Alley W/O Garfield Avenue between Quinn Street and End • Alley 5: Alley E/O Eastern Avenue between Jaboneria Road and Quinn Street • Alley 6A (Additive Bid Item): Alley N/O Florence Place between Granger Avenue and Alley
• Alley 7B (Additive Bid Item): Alley N/O Florence Place between Toler Avenue and Garfield Avenue

TIME FOR COMPLETION
The Contractor shall complete all work in every detail within forty (40) working days (for Base Bid) comprised of five (5) working days for mobilization and thirty-five (35) working days for construction, after the effective date in the Notice -to -Proceed with the Work to be issued by the CITY. If the Base Bid and Additive Bid are awarded, the city allows seven (7) additional working days for each Additive Bid.

GP -1
Exhibit 1 272

NOTIFICATION
The following list of names and telephone numbers is intended for the convenience of the Contractor and is not guaranteed to be complete or correct:

AT&T INQUIRIES
Attention: Mr. Jospeh Forkert

CALIFORNIA WATER SERVICE
Attention: Mr. Philip Delgado

CHEVRON
Attention: Ms. Dave Zerler

CITY OF BELL GARDENS - WATER & SEWER
Attention: Public Works Inspector

CITY OF BELL GARDENS
Attention: Mr. Douglas Benash

CITY OF CUDAHY
Attention: Mr. Aaron Hernandez

CITY OF DOWNEY
Attention: Mr. Dany Salas

CITY OF SOUTH GATE
Attention: Public Works Engineering

CRIMSON PIPELINE
Attention: Utility Coordinator
CROWN CASTLE — LA & VEN
Attention: Fiber Dig

FRONTIER
Attention: Ms. Cathy Brown

GOLDEN STATE WATER COMPANY
Attention: Mr. Ray Burk
L.A. COUNTY SANITATION DISTRICT
Attention: Engineering Counter

LIBERTY UTILITIES
Attention: Jim Elliot
MAYWOOD MUTUAL WATER CO.
(510) 645-2929
(323) 2634145
(310) 669-4014
(562) 806-7775
(562) 806-7770
(323) 773-5143
(562) 904-7202
(323) 357-9657
(562) 285-4100
(888) 632-0931
(310) 264-5100
(562) 907-9200
(562) 908-4288
(562) 299-5127
GP -2
Exhibit 1 273

Attention: Mr. Steven Rojo

METROPOLITAN WATER DISTRICT - SOTO ST
Attention: Substructures Team

MUTUAL WATER COMPANY
Attention: Mr. Jesus Barrera

PLAINS ALL AMERICAN PIPELINE
Attention: Ms. Paula Bawden

SOUTHERN CALIFORNIA GAS COMPANY - DOWNEY
Attention: Mr. Steve Gomez

SOUTHERN CALIFORNIA GAS COMPANY - TRANSMISSION
Attention: SoCalGas Transmission

SOUTHERN CALIFORNIA EDISON - DISTRIBUTION
Attention: Design Support/UND

SOUTHERN CALIFORNIA EDISON - TELECOMMUNICATIONS
Attention: Design Support/UND

SOUTHERN CALIFORNIA EDISON - TRANSMISSION
Attention: Design Support/UND

SPECTRUM - IRWINDALE
Attention: Engineering
(323) 581-5816
(213) 217-7663
(323) 771-6682
(562) 728-2371
(714) 456-2419
(818) 701-4546
(562) 903-3167
(562) 903-3167
(562) 903-3167
(866) 874-2389
UNDERGROUND SERVICE ALERT 811

EMERGENCY INFORMATION
The names, addresses, and telephone numbers of the Contractor and sub -contractors, or their representatives, shall be filed with the City Engineer, the County Fire Department (local station) and the City Police Department prior to beginning work.

STANDARD SPECIFICATIONS
The Standard Specifications and Plans of the AGENCY are contained in the 2022 Caltrans Standard Plans and Specifications and Latest Edition of the Standard Specifications for Public Works Construction and Standard Plans for Public Works Construction, including all supplements, as written, and promulgated by the Public Works Standards, Inc., and all amendments thereto. Copies of these Standard Specifications and Plans are available from the publisher, Building News, Incorporated, 1612 South Clementine Street, Anaheim, California 92802, telephone (714) 517-0970.

GP -3
Exhibit 1 274

The Standard Specifications and Plans set forth above will control the general provisions, construction materials, and construction methods for this contract, except as amended by these Plans, Special Provisions, or other contract documents. The following Special Provisions are supplementary and in addition to the provisions of the Standard Specifications unless otherwise noted and the section numbers of the Special Provisions coincide with those of the said Standard Specifications and Plans. Only those sections requiring elaborations, amendments, specifying of options or additions are called out.

ENVIRONMENTAL PROVISIONS
The Contractor shall as appropriate, comply with all provisions of Public Contracts Code Section 7104 (SB1470). The requirements of this code are summarized as follows:

In the event Contractor is required to dig any trench or excavation that extends deeper than 4 feet below the surface in order to perform the work authorized under this contract, Contractor agrees to promptly notify AGENCY in writing and before further disturbing the site if any of the conditions set forth below are discovered.

1. Materials that the Contractor believed may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing law.

2. Subsurface or latent physical conditions at the site differing from those indicated.

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally reorganized as inherent in the work of the character provided for in this Contract. a.
b.

AGENCY agrees to promptly investigate the conditions, and if AGENCY finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order under the procedures described in this Contract.

That, in the event a dispute arises between AGENCY and Contractor as to whether the conditions materially increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for in this Contact, but shall proceed with all work to be performed under the Contract. Contractor shall retain any and all right provided either by this Contract or by law, which pertain to the resolution of disputes and protests between contracting parties.

GP -4
Exhibit 1 275

SPECIAL PROVISIONS
FOR

VARIOUS ALLEYS IMPROVEMENTS
C.I.P. NO. 3930

IN THE CITY OF BELL GARDENS

TABLE OF CONTENTS
PART 1

SECTION
1 2
3 4
5 6
7 8
9 400
402
600
601
PART 2

BID ITEMS
1, 1A& 1B
2, 2A & 2B
3 4, 4A & 4B
5, 5A & 5B
6 7, 7A & 7B
8 9, 9A & 9B
10, 10A & 10B
11,11A&11B

GENERAL

TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS

SCOPE OF THE WORK

CONTROL OF THE WORK

CONTROL OF MATERIALS

LEGAL RELATIONS AND RESPONSIBILITIES

PROSECUTION AND PROGRESS OF THE WORK

MEASUREMENT AND PAYMENT

FACILITIES FOR AGENCY PERSONNEL

CITY STANDARDS, STANDARD PLANS & DRAWINGS

PROTECTION AND RESTORATION

UTILITIES
ACCESS

TEMPORARY TRAFFIC CONTROL FOR CONSTRUCTION

AND MAINTENANCE WORK ZONES

BID ITEM DESCRIPTIONS
Provide Traffic Control
Sawcut and Remove Existing Concrete Alley Intersection
Sawcut and Remove Existing Concrete Sidewalk
Sawcut and Remove Existing Concrete Longitudinal Gutter Sawcut and remove Existing AC Pavement, Base, Sub -base, and Native Soil to clear depth for New Improvement
Sawcut and Remove Existing PCC Pavement, Base, Sub -base, and Native Soil to clear depth for New Improvement
Construct Concrete Alley Intersection
Construct 4" Thick Concrete Sidewalk
Construct Concrete Longitudinal Gutter
Provide and Place 6" Thick Crushed Miscellaneous Base (CMB) Construct 2" -Thick AC Base Course Type B -PG 64-10
PAGE
GP -7
GP -9
GP -9
GP -10
GP -11
GP -12
GP -14
GP -16
GP -16
GP -17
GP -17
GP -17
GP -18
PAGE
BD -1
BD -6
BD -6
BD -7
BD -8
BD -10
BD -12
BD -12
BD -13
BD -13
BD -14
GP -5
Exhibit 1 276

12, 12A & 12B
13 14, 14A &14B
15, 15A & 15B
16, 16A & 16B
17 18, 18A & 18B
19, 19A & 19B
20, 20A & 20B
Construct 2" Thick Asphalt Concrete Overlay C2 -PG 64-10 Construct Concrete Pavement (8" Thick)
Construct 2"x6" Redwood Header
Adjust Existing Water Meter Box and Cover to Finished Grade, Replace Broken Cover/Box
Adjust Existing Water Valve Cans and Covers to Finished Grade Adjust Existing Storm Drain/ Sewer/ Utility Manhole Frames and Covers to Finished Grade
Furnish and Install Public Improvement Sign
Provide Construction Survey, Re -Establish Survey Monuments and Centerline Ties
Provide Soil and Pavement Testing Services as Directed by the Engineer
BD -16
BD -18
BD -19
BD -19
BD -20
BD -20
BD -21
BD -22
BD -24
GP -6
Exhibit 1 277

SPECIAL PROVISIONS
PART 1 - GENERAL SECTION
FOR

VARIOUS ALLEYS IMPROVEMENTS
C.I.P. NO. 3930

IN THE CITY OF BELL GARDENS
The work for the completion of the Project shall be performed in accordance with the Standard Specifications for Public Works Construction (SSPWC), latest Edition, including all the supplements.

For purposes of this Project, the following General Provisions are amended, as follows:

SECTION 1 — GENERAL
The following additions/modifications are hereby made to Subsection 1-2 of the Standard Specifications:
1-2 TERMS AND DEFINITIONS.

AGENCY: City of BELL GARDENS
Board: City Council of the City of BELL GARDENS
Caltrans: State of California, Department of Transportation County: County of Los Angeles
Engineer: The City Engineer of the City of BELL GARDENS or his authorized representative
Federal: United States of America
Contractor: The word Contractor means the Contractor as defined herein or his/her authorized representative.

Working Day: The Contractor's activities shall be confined to the hours between 7:00 a.m. and 4:30 p.m., Monday through Friday, excluding holidays. Deviation from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates including benefits, overhead, and travel time. The service fees will be deducted from any amounts due the Exhibit 1
qig

Contractor. Should the Contractor choose nighttime work, any and all lighting and traffic control, as needed, shall be provided by the Contractor. 1-7 AWARD AND EXECUTION OF CONTRACT.

Subsection 1-7 of the Standard Specifications is hereby replaced with the following:

Within ten working days after the date of the AGENCY's notice of award, the Contractor shall execute and return the following contract documents to the AGENCY:
• Contract Agreement
• Faithful Performance Bond
• Material and Labor Bond
• Public Liability and Property Damage Insurance Certificate • Worker's Compensation Insurance Certificate
• Project Schedule
Failure to comply with these requirements will constitute non -responsiveness on the part of the Contractor and will result in annulment of the award by the Agency and forfeiture of the Proposal Guarantee by the Contractor.

The Contract Agreement shall not be considered binding upon the AGENCY until executed by the authorized AGENCY official.

A corporation to which an award is made may be required, before the Contract Agreement is executed by the AGENCY, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and of the authority of its officers to sign contracts and bonds for the corporation. 1-7.2 Contract Bonds.

The second sentence of the fourth paragraph of Subsection 1-7.2 of the Standard Specifications is hereby deleted and replaced with the following: The Faithful Performance Bond (Warranty Bond) shall remain in force until one (1) year of recordation of the Notice of Completion. The Material and Labor Bond shall remain in force until thirty-five days after the date of recordation of the Notice of Completion.

The second and third sentences of the third paragraph of Subsection 1.7-2 of the Standard Specifications are hereby deleted and replaced with the following: The "Payment Bond" (Material and Labor Bond) shall be for not less than 50 percent of the contract price, to satisfy claims of material suppliers and of mechanics and laborers employed by it on the work. The Payment Bond shall remain in effect until thirty-five days after the date of recordation of the Notice of Completion.

Exhibit 1

SECTION 2 - SCOPE OF THE WORK
2-2 PERMITS.

The text of Subsection 2-2 of the Standard Specifications is hereby deleted and replaced with the following:

Prior to the start of any work, the Contractor shall take out the applicable AGENCY permits and make arrangements for AGENCY inspections. The AGENCY will issue the permits at no charge to the Contractor. The Contractor and all subcontractors shall each obtain an AGENCY business license, and shall be licensed in accordance with the State Business and Professions Code. The Contractor shall also obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or entity.

The Contractor shall pay all costs incurred by the permit requirements.

SECTION 3 - CONTROL OF THE WORK
3-2 SELF -PERFORMANCE.

The whole paragraph of Section 3-2 of the Standard Specifications is hereby deleted and replaced with the following:

The Contractor shall perform or provide, with its own organization, contract labor, materials, and equipment amounting to at least 50 percent of the Contract Price. The contract labor performed or provided by the Contractor shall amount to at least 25 percent of the total contract labor for the Contract. Contract labor shall exclude the Contractor's superintendent. Any designated "Specialty Items" may be performed by subcontract and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount of contract labor, materials, and equipment required to be performed or provided by the Contractor with its own organization. Where an entire item is subcontracted, the value of contract labor, materials, and equipment subcontracted will be based on the estimated percentage of the Contract Unit or Lump Sum Price, determined from information submitted by the Contractor, subject to approval by the Engineer.

The Contractor with the bid package shall submit a list of all subcontractors intended to perform work on the project. This list shall include the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the prime contractors total bid. The prime contractor shall provide a description by bid item number or otherwise fully designate the portion of work to be performed by each subcontractor.

Exhibit 1
qs8

3-7 CONTRACT DOCUMENTS.
3-7.1 General.

The following is added to the General Specifications:

The Contractor shall maintain a control set of Plans and Specifications on the project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on this control set to show the as -built conditions. Upon completion of all work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement is met. 3-10 SURVEYING.
3-10.1 General.

This subsection of the Standard Specifications is hereby deleted and replaced with the following:

The Contractor will furnish a Surveyor as needed for layout of the work and the resetting of monuments and shall be paid under the pertinent Bid item and no additional compensation shall be allowed thereafter.

SECTION 4 - CONTROL OF MATERIALS
4-1 GENERAL.

The following is hereby added to this subsection of the Standard Specification:

The Contractor and all subcontractors, suppliers, and vendors shall guarantee that the entire work will meet all requirements of this contract as to the quality of materials, equipment, and workmanship. The Contractor, at no cost to the AGENCY, shall make any repairs or replacements made necessary by defects in materials, equipment, or workmanship that become evident within one (1) year after the date of recordation of the Notice of Completion. Within this one-year period, the Contractor shall also restore to full compliance with requirements of this contract any portion of the work which is found to not meet those requirements. The Contractor shall hold the AGENCY harmless from claims of any kind arising from damages due to said defects or noncompliance. The Contractor shall make all repairs, replacements, and restorations within thirty (30) days after the date of the City Engineer's written notice. 4-6 TRADE NAMES.

The first and second paragraphs of this subsection of the Standard Specifications are hereby replaced with the following:

Although the bidder may believe that by use of a different material than that specified on/in the plans and specifications, a lower cost project/bid may result, the bidder is to bid the project on the basis of using the material(s) as named keeping in mind that all materials named herein by manufacturer is not to prohibit the bidder considering using in his bid what he consider to be an equal material except where the AGENCY has designated a sole product. Once the bids have been opened the successful Contractor Exhibit 1
GZi311O

may discuss with the AGENCY the use of another product; which may result in a determination by the AGENCY that the other product is equal and possibly that by the AGENCY allowing the use of the Contractor proposed equal that a change in the contract amount may result.

SECTION 5 - LEGAL RELATIONS AND RESPONSIBILITIES
5-3 LABOR.
5-3.1 General.

The following is hereby added to this subsection of the Standard Specifications:

The Contractor, and all subcontractors, suppliers, and vendors, shall comply with all AGENCY, State and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments. The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers. In accordance with the labor Code, as provided in Section 1773 et seq., the City has on file in the City Clerk's office the latest prevailing rates as established by the Director of Industrial Relations of the State of California. The Contractor shall not pay less than these rates.
5-4 INSURANCE.
5-4.2 General Liability Insurance.

The liability insurance coverage values are hereby amended to be:

Insurance Coverage Requirements
Comprehensive General Liability
Product/Completed Operations Hazard
Comprehensive Automobile Liability
Contractual General Liability
Worker's Compensation
Limit Requirements
$2,000,000
$2,000,000
$2,000,000
$2,000,000
Statute
A combined single limit policy with aggregate limits in the amount of $4,000,000 will be considered equivalent to the required minimum limits. A pro forma copy of the policy(s) shall be submitted to the City. A certificate of endorsement naming the City and its Agents as additional insured identifying the coverage limits, dates of coverage insurance provided, and project number is required.
5-7 SAFETY.
5-7.1 Work Site Safety.

Exhibit 1
G'61

5-7.1.1 General.

Subsection 5-7.1.1 is hereby added to Section 5 of the Standard Specifications as follows:

It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor shall use foresight and shall take such steps and precautions as its operations warrant to protect the public from danger, loss of life or loss of property, which would result from interruption or contamination of public water supply, interruption of other public services, or from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the work, which will require that immediate and unusual provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract.

Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor's operations and when, in the opinion of the Engineer, immediate action shall be considered necessary in order to protect the public or property due to the Contractor's operations under this contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation within a reasonable time period, the Engineer may provide suitable protection to said interests by causing such work to be done and material to be furnished as, in the opinion of the Engineer may seem reasonable and necessary.

The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the AGENCY for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. However, if the AGENCY does not take such remedial measures, the Contractor is not relieved of the full responsibility for public safety.

SECTION 6 - PROSECUTION AND PROGRESS OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.

The following is hereby added to this subsection of the Standard Specifications:

The Contractor's proposed Construction Schedule shall be submitted to the Engineer within ten working days after the date of the Agency's execution of the Contract Agreement. The schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged and setting forth the dates that each item will be delivered.

Prior to issuing the Notice to Proceed, the Engineer will schedule a preconstruction meeting with the Contractor to review the proposed Construction Schedule and delivery dates, arrange utility coordination, discuss construction methods, and clarify inspection procedures.

Exhibit 1

The Contractor shall submit periodic Progress Reports to the Engineer by the last day of each month. The Report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports.
6-2 PROSECUTION OF THE WORK.

The following is hereby added to this subsection of the Standard Specifications:
6-2.1 A noise level limit of 86 dba at the distance of fifty feet shall apply to all construction equipment on or related to the job whether owned by the Contractor or not.

The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel
6-2.2 All noise producing project equipment and vehicles using internal combustion engines shall be equipped with mufflers, and air inlet silencers where appropriate, in good operating condition that meet or exceed original factory specifications. Mobile or fixed "package" equipment (e.g., arc -welders, air compressors) shall be equipped with shrouds and noise control features that are readily available for that type of equipment. 6-2.3 All mobile or fixed noise producing equipment used on the project, which is regulated for noise output by a local, state, or federal agency, shall comply with such regulation while in the course of project activity.
6-2.4 Electrically powered equipment instead of pneumatic or internal combustion powered equipment shall be used, where feasible.
6-2.5 Material stockpiles and mobile equipment staging, parking, and maintenance areas shall be located as far as practical from residences. 6-2.6 The hours of conventional construction activities shall be restricted to the periods and days permitted by the local noise or other applicable ordinance. In accordance with the City of BELL GARDENS Noise Ordinance, these activities include (but are not limited to) construction, noisy maintenance activities, all spoils and material transport, demolition, and grading and are prohibited between the hours of 4:00 p.m. and 7:00 a.m. on weekdays (Monday through Friday), Saturday and Sundays, and legal holidays, except in cases of emergency as determined and approved in writing by the City Engineer.
6-2.7 The use of noise producing signals, including horns, whistles, alarms, and bells shall be for safety warning purposes only.
6-2.8 No project related public address, paging, two-way radio, or music system shall be audible at any adjacent residence.
6-2.9 The on -site construction supervisor shall have the responsibility and authority to receive and resolve noise complaints. An appeal process to the City shall be Exhibit 1
GZi3143

established prior to construction commencement that will allow for resolution of noise problems that cannot be immediately solved by the site supervisor. 6-2.10 The Contractor shall develop a project noise control plan, which shall be approved and implemented prior to commencement of any construction activity. 6-2.11 Noise control features and plans shall be reviewed and approved by a noise control engineering professional.
6-2.12 Contract incentives may be offered to the construction contractor to minimize or eliminate noise complaints resulting from project activities. 6-2.13 The erection of temporary sound wall barriers shall be considered where project activity is unavoidably close to residences.
6-2.14 Caltrans Standard Specifications (Sections 7 and 42) and Standard Special Provisions (that provide limits on construction noise levels) shall be applied and enforced by the City on the project Contractor.
6-2.15 Arrange noisiest operations together in the construction program to avoid continuing periods of annoyance.
6-2.16 If practical, implement project noise abatement features prior to construction. 6-3 TIME OF COMPLETION.
6-3.1 General.

This subsection of the Standard Specifications shall be replaced by the following:

The Contractor shall complete all work in every detail within forty (40) working days (for Base Bid) comprised of five (5) working days for mobilization and thirty-five (35) working days for construction, after the effective date in the Notice -to -Proceed with the Work to be issued by the CITY. If the Base Bid and Additive Bid are awarded, the city allows seven (7) additional working days for each Additive Bid. 6-9 LIQUIDATED DAMAGES.

The liquidated damages value is hereby amended to be $500.00 per day.

SECTION 7 - MEAUSREMENT AND PAYMENT
7-3 PAYMENT.
7-3.2 Partial and Final Payment.

The text of Subsection 7-3.2 of the Standard Specifications is hereby deleted and replaced with the following:

Exhibit 1
G �$t4

The closure date for the purpose of making partial progress payments will be on or about the twenty-fifth (25th) day of each month. The Contractor shall prepare the approximate measurement of the work performed through the closure date and submit it to the AGENCY for approval along with an updated construction schedule.

When the work is complete, the Engineer will determine the final quantities of the work performed and prepare the final progress payment.

Payments are commonly authorized and made within forty five days following the last day of the month submitted. However, payments will be withheld pending receipt of any outstanding reports required by the contract documents. In addition, the final progress payment will not be released until the Contractor returns the control set of Plans and Specifications showing the as -built conditions and any other required documents.

A full five percent (5%) retention will be deducted from all progress payments. The final retention will be authorized for final payment forty (40) days after the date of recordation of the Notice of Completion.

The Contractor, however, may receive interest on the retention for the length of construction, or receive the retention itself as long as the retention is substituted with escrow holder surety of equal value.

At the request and expense of the Contractor, surety equivalent to the retention may be deposited with the State Treasurer or a State or Federally chartered bank as the escrow agent, who shall pay such surety to the Contractor upon satisfactory completion of the contract.

Sureties eligible for investment shall include those listed in Section 16430 of the State Government Code or bank or savings and loan certificates of deposit.

Any escrow agreement entered into shall contain the following provisions:
(a) The amount of surety to be deposited;
(b) The terms and conditions of conversion to cash in case of default of the Contractor; and
(c) The termination of the escrow upon completion of the contract. 7-3.3 Delivered Materials.

This subsection of the Standard Specifications is hereby replaced in its entirety by the following:

Materials and equipment delivered but not incorporated into the work will not be included in the estimate for progress partial payment.

Exhibit 1
Gar

SECTION 8 - FACILITIES FOR AGENCY
8-1 GENERAL.

The following is hereby added to this Subsection 8-1 of the Standard Specifications:

No field offices for AGENCY personnel will be required, however, the AGENCY personnel shall have the right to enter upon the project at all times and shall be admitted to the offices of the Contractor for the project in the City if so provided by the Contractor for his own personnel.

SECTION 9 - CITY STANDARDS, STANDARD PLANS AND DRAWINGS Section 9 is hereby added to the Standard Specifications as follows:

All public improvements, construction and dedications required and described in this manual shall conform to the standards and specifications of the City. Standards, Standard Plans and Drawings of the following agencies are used by the City of BELL GARDENS and are part of the City's standards. Where there is ambiguity or conflict between standards over which standard shall apply, the City Engineer shall determine what shall apply, and his determination shall be final. All construction is subject to the approval of the City Engineer.

Standard Plans — Standard Plans for Public Works Construction, SPPWC, "Latest Edition and Supplement."
Los Angeles County Public Works Department — Greybook and all plans except those modified or replaced by City Standards.

Los Angeles County Waterworks District - Applicable water.

Los Angeles County Flood Control District - Applicable storm drains.

Sanitation Districts of Los Angeles County - Applicable sewer and manholes.

State of California — California Department of Transportation (Caltrans) Standard Specifications
and Standard Plans - Pavement markings and traffic loops.

City Standards - All applicable standard plans.

Standard Specifications - The latest edition of, and applicable amendments to, the "Standard Specifications for Public Works Construction (SSPWC)." California Manual on Traffic Control Devices (CA-MUTCD), "Latest Edition." Exhibit 1
G X18

SECTION 400 - PROTECT AND RESTORATION
400-1 GENERAL.

The second paragraph of Subsection 400-1 of the Standard Specifications is hereby deleted and replaced with the following:

The Contractor shall relocate, repair, replace or re-establish all existing improvements within the project limits which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, sprinkler systems, signs, utility installations, pavements, structures, etc.) which are damaged or removed as a result of the operations or as required by the Plans and Specifications.

Where existing traffic striping, pavement markings, and curb markings are damaged or their reflectivity reduced by the Contractor's operations, such striping or markings shall also be considered as existing improvements and the Contractor shall repaint or replace such improvements.

Reallocations, repairs, replacements, or re -establishments shall be at least equal to the existing improvements and shall match such improvements in finish and dimensions unless otherwise specified.

All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or re-establishing existing improvements shall be included in the bid. 400-2 PERMANENT SURVEY MARKERS.

The following is added after the first paragraph of this subsection of the Standard Specifications:

The Contractor shall reset distributed monuments and provide a Corner Record Survey filed with the County Surveyor and City engineer. Corner Record Surveys shall be completed by a Surveyor licensed in the State of California to practice surveying.

SECTION 402 - UTILITIES
402-1 LOCATION.

The agency did not perform any utility investigation. The Contractor shall be responsible to contact USA to mark all utilities and shall conduct this operation to protect all marked utilities in place. Any damaged utility line shall be repaired at the contractor's sole expense. The price for protecting all utilities in place shall be considered as paid for in the various Bid items and no additional compensation shall be allowed thereafter SECTION 600 - ACCESS
600-1 GENERAL.

The following is hereby added to this subsection of the Standard Specifications:

Exhibit 1
Gs'

The Contractor shall notify the occupants of all affected properties in writing at least forty-eight hours (2 working days) prior to any temporary obstruction of access.

Vehicular access to the property shall be maintained except as required for construction for a reasonable period of time. No overnight closure of any driveway will be allowed except as permitted by the Engineer.
600-2 VEHICULAR ACCESS.

There are some driveways that require replacement in order to be American with Disabilities Act (ADA) compliant. Where a property has two driveways, only one driveway at a time can be closed for replacement. Where a single driveway to a property has a considerable width, half of the driveway is to be closed, worked on and reopened for usage before the other half of the driveway can be worked on.

All driveways have to be open for access during project non -construction hours and days which may require use of plating and other devices or methods.

No driveway can be worked on until the owner/tenant has been informed in writing with five (5) working days' notice of the scheduled work and has agreed to the planned schedule of the Contractor.

Under situations of driveway closure to pedestrians, the Contractor shall post advance notice on barricades to direct pedestrian to use the sidewalk on the opposite side of the street or the Contractor may elect to provide continuous K -rail in the curb lane to allow pedestrians to walk in the curb lane behind the K -rail. Any and all devices such as plates, barricades, K -rails and notices shall be continuously maintained for pedestrian and vehicle safety. No curb lanes shall be closed during non -working days of the week.

Appropriate advance warning signs shall be continuously maintained as needed during the project. All such devices, warning signs and interruptions of normal vehicle lanes, parking lanes and pedestrian walkways shall be shown on the Traffic Control Plan for advance approval by the Agency.

SECTION 601 - TEMPORARY TRAFFIC CONTROL FOR CONSTRUCTION AND

MAINTENANCE WORK ZONES
601-1 GENERAL.

This subsection is added to section 600-1 of the Standard Specifications:

Street closures will not be allowed except as specifically permitted by the Engineer.

At the Pre -Construction meeting, the Contractor shall submit to the Engineer a detailed written plan for traffic control and construction sequencing for the project. The plan shall include drawings as necessary to clearly outline how traffic flow and pedestrian walkways will be handled during the course of construction and where detour and advance notice signs will be posted.

Exhibit 1
G'a•b8

601-3 TEMPORARY TRAFFIC CONTROL (TTC) ZONE DEVICES.
601-3.6 Channelizing Devices.
601-3.6.1 General.

Traffic lane transitions shall not be sharper than a taper of thirty to one.

Temporary traffic channelization shall be accomplished with barricades, K -rail sections or delineators. Temporary striping will not be allowed unless specifically permitted by the Engineer. The Contractor shall prepare any plans that may be required for temporary striping to the satisfaction of the Engineer. In no event will temporary striping be allowed to remain on finished pavement surfaces.

In no case shall traffic be diverted from the existing traveled way without prior approval of the City Engineer.
601-3.7 Traffic Sign Enhancement Devices.
601-3.7.1 General.

The contractor shall include in his Traffic Control Plan use of lighted message boards to notify traffic of project and any changes in vehicle or pedestrian travel routes.

If the Contractor shall fail to provide and install any of the signs or traffic control devices ordered by the Engineer, the Engineer may either stop the work or cause such signs or traffic control devices to be placed by others and charge the cost therefor against the Contractor, and deduct same from the next progress payment 601-5 TRAFFIC LANE WIDTHS AND CLEARANCES.
601-5.2 Lane Widths.
601-5.3 Clearances.

Clearances from traffic lanes shall be five feet to the edge of any excavation and two feet to the face of any curb, pole, barricade, delineator, or other vertical obstruction.

Clearances from traffic lanes shall be five feet to the edge of any excavation and two feet to the face of any curb, pole, barricade, delineator, or other vertical obstruction.

Any striped roadway shall be delineated by the Contractor with temporary raised reflective markers when it is to be left un-striped overnight.

Exhibit 1
G '9'b9

SPECIAL PROVISIONS
PART 2 - BID ITEM DESCRIPTIONS
FOR

VARIOUS ALLEYS IMPROVEMENTS
C.I.P. NO. 3930

IN THE CITY OF BELL GARDENS
All Bid Items shall be in accordance with the Greenbook Standard Plans and Specifications for Public Works Construction (SPPWC & SSPWC), Latest Edition including supplements, State of California (Caltrans) Standard Plans and Specifications, Latest Edition, and the Special Provisions and General Conditions of these specifications.

Bid Items No. 1, 1A and 1B — Provide Traffic Control
Traffic Control, Traffic Control plan, construction signing and traffic maintenance shall comply with the provisions of Subsections 5-7, 600 and 601 of the Standard Specification, Subsection 56-2 of the Caltrans Standard Specifications, and the current requirements set forth in the "Manual of Traffic Controls for Construction and Maintenance Work Zones" published by the Department of Transportation, State of California, and Manual on Uniform Traffic Control Devices (CA-MUTCD), Latest Edition, by the Federal Highway Administration and California, the traffic control plans and these Special Provisions.

The Contractor shall maintain the following clearances from the edge of traffic lanes:
1) 5 feet to any excavation,
2) 2 feet to curbs or temporary concrete barriers,
3) 10 feet to poles and other obstructions on uncurbed roadways.

If determined by the Engineer that it is necessary to decrease these minimum distances to allow for the prosecution of the work, the Contractor shall provide all protective devices required by the Engineer to adequately protect the public.

PUBLIC CONVENIENCE
Within ten working days after the date of the Agency's execution of the Contract Agreement the Contractor shall submit a proposed Construction Schedule for approval.

Based on the approved project schedule, the Contractor shall notify residents and businesses of the proposed work and post temporary "NO PARKING" signs at no cost to the City. Signs shall be posted at all intersections, and on each side of the street a maximum of 200 feet between signs. Signs may not be attached to existing poles, streetlights standards or trees. All signs must be posted on delineators or stakes provided by the Contractor. The "NO PARKING" signs shall be in place not less than Exhibit 1
SI

seventy two (72) hours prior to performing the work; therefore, a request for changes in the schedule requiring additional posting shall be submitted by the Contractor for approval by the Engineer at least seventy-two (72) hours prior to reconstruction and paving the street. All conflicting parking signage shall be covered.

Due to the nature of this project involving major inconvenience to residents and businesses, a good Public Relations Program is mandatory and evidence of satisfactory past performance in this area will be required.

The Contractor is to distribute two (2) "Public Notice" to each residence and business affected by the project. The first notice shall be distributed ten (10) calendar days prior to the start of any work. The second notice shall be distributed at least seventy two (72) hours prior to the start of work on a specific section of the street. A sample copy of the notice must be approved by the City. Said notice shall be attached to a red information hanger provided by the Contractor and hung on the gate or front doorknob. The Contractor shall also coordinate with the bus services to ensure the safe operation of buses and access to bus stops in the construction area. Notices shall be in English and Spanish languages.

The Contractor shall also coordinate with the street sweeping, trash disposal, Bell Gardens Bus Lines and postal services agencies to ensure the safe operation of their vehicle and access in the construction area.

All complaints received by the City associated with the construction project alleging damage to private property and vehicles shall be responded to by the Contractor within twenty-four (24) hours (one working day) of notification. Failure to comply with this provision may result in a penalty of One Hundred dollars ($100.00) per occurrence.

All trucks which the Contractor proposes to use, that exceed the legal load limit when loaded will be required to have overweight permits issued by the City.

The Contractor shall be responsible for adequate barricading of the work area and controlling of traffic in the vicinity of the project as specified in Subsection 601 of the General Provisions.

PROTECTION OF WORK AND PUBLIC
The Contractor shall take all necessary measures to protect work and prevent accidents during any and all phases of the work. The Contractor shall repair all damaged pavement as a result of vandalism (i.e., vehicle tracks, footprints, graffiti, etc.) If deemed necessary by the City, the Contractor shall repair the defective area in accordance with these special provisions.

CONSTRUCTION SIGNING
Construction signing shall consist of furnishing, installing, maintaining and removing construction signs and barricades as required by the "California Manual on Uniform Traffic Control Devices," CA-MUTCD. The traffic control system shall be installed on a road prior to starting work for that road and shall not be removed until all work has been Exhibit 1
Bk3

completed on that road. Existing speed limit signs, which conflict with the work zone speed limit, shall be covered during the entire construction period.

TRAFFIC MAINTENANCE
The Contractor shall be responsible for handling vehicular and pedestrian traffic in accordance with Subsection 601 of the Standard Specifications and these Special Provisions.

The Contractor shall prepare all necessary traffic control plans and submit to the City for approval at the pre -construction meeting. The traffic control plans shall be prepared by a California Licensed Traffic Engineer and shall show:

1. Notification Signs.

2. Existing and temporary lane lines.

3. Dimensions of the work zone and street improvements.

4. Advance warning signs.

5. Delineators

6. Lighting, for nighttime work.

The plans shall be submitted to the City at the preconstruction meeting prior to commencing work and shall incorporate a complete and separate plan for each stage of construction proposed by the Contractor. This plan shall indicate the sequence of lanes or portions of lanes being closed for each phase. The traffic control plans shall indicate the travel plan for each phase of construction. The traffic control plans shall state:

1. That the plan will conform to "California Manual on Uniform Traffic Control Devices," CA-MUTCD.

2. Emergency contact person and phone number.

3. Minimum lane widths and minimum clearance to obstructions.

The traffic control plan shall be approved by the City of BeII Gardens prior to beginning any removals.

The Contractor shall cooperate with the City of BeII Gardens relative to handling traffic through all work areas and shall make his own arrangements relative to keeping the working area clear of parked vehicles and maintaining clear access to driveways.

The Contractor shall furnish and install construction notification signs as shown on traffic control plans and as specified by the City of BeII Gardens.

The Contractor shall provide for controlled pedestrian crossings through the work.

Crossings shall provide pedestrians with a means of passing over or through the work without tracking tack coat or hot asphalt concrete or P.C.C. work or endangering pedestrian safety. All temporary pedestrian crossings shall be in compliance with the latest Americans with Disabilities Act design standards and supplements.

At intersections, if a crossroad needs to be temporarily closed when work is in progress through the intersection and the anticipated traffic delay is more than five (5) minutes, a detour sign shall be installed on the cross street and shall include the installation of Exhibit 1
Bk

advance signing displaying the anticipated delay time. The signing of the detour route shall be approved by the Engineer prior to installation of the detour and closure of the road.

The Contractor shall provide for one lane of travel in each direction at all times unless approved by the Engineer. When two-way traffic is restricted to one lane in each direction, and when applying paving past intersecting roads, traffic shall be controlled as required by the "California Manual on Uniform Traffic Control Devices," CA-MUTCD. A pilot car and driver will be required at various locations if control by flaggers and/or control devices proves deficient in the opinion of the Engineer. In no case shall the Contractor provide less than one (1) lane of travel in each direction through the construction zone including cross -streets.

Contractor's equipment and personal vehicles of the Contractor's employees shall not be parked on the traveled way at any time. Overnight parking of construction equipment shall be confined to an approved storage site selected by the Contractor and approved by the City.

TEMPORARY GUIDE MARKERS
Temporary guide markers shall be portable Caltrans Standard Specifications approved delineators. Only one type of temporary guide marker shall be used on any road at any one time.

Temporary guide markers shall be placed adjacent to the edge of all vertical lips or excavations that exceed 3/4 inches. If the temporary guide markers are damaged, or are not in an upright position, from any cause, said markers should immediately be replaced or restored to their original locations, in an upright position by the Contractor.

PORTABLE DELINEATORS
The vertical portion of the portable delineators shall be brilliant orange or predominantly orange in color. The posts shall be not less than 100 square inches, measured through the vertical axis of the delineator, normal to the roadway. The minimum height shall be thirty-seven (37) inches above the traveled way.

Two 4 -inch nominal width reflective bands shall be mounted a minimum of 1 1/2 inches apart and at a height on the post so that one reflective band will be between 2.5 feet and 3 feet above the roadway surface.

Reflective bands shall be flexible vinyl plastic, either white or yellow, and shall have not less than the following dry reflective values at a 0.2 -degree divergence angle, expressed I units if candlepower per foot-candle per square foot. The wet reflective values shall not be less than ninety percent (90%) of the dry values.

Dry Reflective Value
Angle of Incidence 4°
White 250
50 165
30°
50 Exhibit 1
Bk

Yellow 10 110 50
All tests for reflective values shall be performed in accordance with California Test Method No. 642.

The portable delineators shall be spaced as necessary for proper delineation; however, in no case shall the spacing between portable delineators exceed thirty (30) feet on tangents or twenty (20) feet on curves.

FLUORESCENT TRAFFIC CONES
Provide lighted flashers and lighting for nighttime. Traffic cones shall be fluorescent, new or reconditioned and of good commercial quality, flexible material suitable for the purpose intended. The outer section of the portion above the base of the cone shall be highly pigmented fluorescent orange polyvinyl compound. The overall height of the cone shall be anchored in a manner such that the traffic cone will remain in an upright position. Lighted flashers and lighting shall be provided additionally for nighttime.

The fluorescent traffic cones shall be spaced as necessary for proper delineation; however, in no case shall the spacing between fluorescent cones exceed thirty (30) feet on tangents or twenty (20) feet on curves.

STRIPING
Temporary striping and marking which has no further use shall be removed by wet sandblasting, and all sand used in sandblasting shall be removed without delay as the sandblasting operation progresses.

RESTRICTIONS ON CLOSURE OF STREETS AND TRAFFIC LANES
The Contractor shall conduct all operations so as to provide access to the adjoining properties and have no greater length or quantity of work under construction that can be properly prosecuted with a minimum of inconvenience to the public.

The Contractor shall construct temporary A.C. ramps or equal to provide safe and drivable access to residents and business properties daily.

The Contractor shall coordinate all shipments and deliveries to businesses. If steel plates are required, they shall be provided by the Contractor at no additional cost to the City.

The Contractor shall be responsible for furnishing, placing and maintaining barricades and lights as necessary to protect the public from danger due to the work being done.

No additional amounts shall be paid for erosion control, erosion damage clean-up, and removal of debris from the project site, NPDES requirements, or removal of soil deposited on public streets by construction traffic.

Payment for Traffic Control shall be included in the Lump Sum (LS) Price bid and shall be considered full compensation for providing and maintaining safe traffic control including all temporary signs, striping and delineation, preparing and providing traffic Exhibit 1
BW

control plan during the project, obtaining all approvals and permits, as required, from all related agencies, including, but not limited to, public agencies and the City of Bell Gardens; and complying with the requirements specified in those licenses and permits, coordination, field office facility; and incidentals necessary to perform all related items of work.

Bid Item No. 2, 2A and 2B — Sawcut and Remove Existing Concrete Alley Intersection
This Bid Item shall include all labor, material and equipment required to sawcut, remove, haul away and properly dispose of existing concrete alley intersection and related adjacent areas needed to construct alley intersection. Removal of concrete alley intersection as shown on the plans in conformance to Subsection 401-3.2 of the Standard Specifications for Public Works Construction.

Sawcutting shall be accomplished by the use of a power driven saw. The depth of the cut shall be deep enough to provide a clean, straight break without loosening, cracking, or damaging adjoining asphalt or concrete. A clean sawcut edge shall be maintained until new concrete alley intersection is constructed. Generally sawcuts shall be on existing joints or score mark. All necessary sawcutting of existing concrete Alley Intersection shall be to the lines shown on plans. Sawcutting shall be included in the unit price and no further compensation shall be made.

Removal of two -foot wide strip of AC pavement adjacent to the edge of alley intersection for forming and placement of new alley intersection is included in this removal bid item and no additional compensation will be allowed.

Payment for Sawcutting and Removal of Existing Concrete Alley Intersection shall be paid for at the contract unit price per Square Foot (SF) and shall be considered full compensation for complying with the above requirements and shall include furnishing of labor, materials, equipment, sawcutting, removal, excavation, hauling, properly disposing, protection of facilities, grading, sub -grade compaction, restoration and incidentals for doing all the work involved complete in place and no additional compensation will be allowed.

Bid Item No. 3 — Sawcut and Remove Existing Concrete Sidewalk This Bid Item shall include all labor, material and equipment required to sawcut, remove, haul away and properly dispose of existing concrete sidewalk and sub -grade compaction. Removal of concrete sidewalk as shown on the Contract Drawings and as directed in the field by the Engineer shall conform to Subsection 401-3.2 of the Standard Specifications for Public Works Construction.

Sawcutting shall be accomplished using a power -driven saw. The depth of the cut shall be deep enough to provide a clean, straight break without loosening, cracking, or damaging adjoining asphalt or concrete. A clean sawcut edge shall be maintained until new concrete sidewalk is constructed. Generally, sawcuts shall be on existing joints or score mark.

Exhibit 1
BZj6

All necessary sawcutting of existing concrete sidewalks shall be to the lines shown on Plans and as directed in the field by the Engineer. Sawcutting shall be included in the unit price and no further compensation shall be made.

This item shall include root clearing and/or tree root removal of the sections immediately adjacent and underneath sidewalk in order to bring new sidewalk to final finish grade.

Full compensation for root clearing and tree root removal shall be included in the unit price of sidewalk and no further compensation shall be made.

Payment for Sawcutting and Removal of Existing Concrete Sidewalk shall be paid for at the contract unit price per Square Foot (SF) and shall be considered full compensation for complying with the above requirements and shall include furnishing of labor, materials, equipment, sawcutting, removal, excavation, hauling, properly disposing, protection of facilities, grading, sub -grade compaction, restoration and incidentals for doing all the work involved complete in place and no additional compensation will be allowed.

Bid Item No. 4, 4A and 4B — Sawcut and Remove Existing Concrete Longitudinal Gutter
This Bid Item shall include all labor, material and equipment required to sawcut, remove, haul away and properly dispose of existing concrete Gutter and sub -grade compaction. Removal of concrete longitudinal gutter as shown on the Contract Drawings, shall conform to Subsection 401-3.2 of the Standard Specifications for Public Works Construction.

Sawcutting shall be accomplished by the use of a power -driven saw. The depth of the cut shall be deep enough to provide a clean, straight break without loosening, cracking, or damaging adjoining asphalt or concrete. A clean sawcut edge shall be maintained until new concrete gutter is constructed. The exact location of the longitudinal gutter removal shall be approved by the City Engineer in the field. Generally, sawcuts shall be on existing joints.

All necessary sawcutting of existing concrete gutter shall be to the lines as required by the City Engineer. Sawcutting shall be included in the unit price and no further compensation shall be made.

All materials to be removed as indicated on the plans shall be disposed of at a legal site as specified in subsection 401-3.2 of the Standard Specifications for Public Works Construction.

Payment for Sawcut and Remove Existing Concrete Longitudinal Gutter shall be paid for at the contract unit price per Square Foot (SF) and shall be considered full compensation for complying with the above requirements and shall include furnishing of labor, materials, equipment, sawcutting, removal, excavation, hauling, properly disposing, protection of facilities, grading, sub -grade compaction, restoration and incidentals for doing all the work involved complete in place and no additional compensation will be allowed.

Exhibit 1
BZ97

Bid Item No. 5, 5A and 5B - Sawcut and Remove Existing AC Pavement, Base, Sub -base, and Native Soil to clear depth for New Improvement This Bid Item shall conform to Section 401-2 of the Standard Specifications and shall include all labor, material and equipment required to include the following items of work:

A. Sawcutting and removal by excavation of existing asphalt concrete (AC) pavement and underlying materials excavated to a depth required for the placement of a new pavement section and sub -base as shown on the project drawings. The excavation shall include, but is not limited to, the subgrade native soils. All work shall be completed in accordance with these specifications, the lines and grades, and typical cross -sections shown on the drawings. The underlying materials which are removed from excavations beneath the existing AC pavement shall be inspected by the City Engineer prior to performing over excavation.

B. Removal of materials resulting from milling and excavation, including debris, shrubs, rubbish and excess material, shall be legally disposed of.

C. Maintaining dust control at all times by watering.

D. Removal and disposal of any additional items not specifically mentioned herein, which may be found within the work limits or are shown on the plans to be removed and disposed off legally.

E. Removal and disposal of unnamed concrete improvements.

F. Restoration and clean-up of the site.

G. Providing for traffic control and maintenance of access to driveways, security and safety including signs, barricades, covers, steel plates and/or chain link fencing, as necessary.

H. Protecting in place of existing water mains, sewers, storm drains, meters, valve covers, walls, fences, curbs, fire hydrant, telephone and power poles, and other existing structures.

I. Removing and restoring or relocating all sprinkler lines, heads, valves, etc. interfering with construction of improvements.

J. All materials removed shall be lawfully disposed of at a site secured by the Contractor. The Contractor will make every effort to recycle excavated and demolition materials. The Contractor shall provide the City Engineer with a letter indicating the final disposition of all excavated and demolition materials from the project within five (5) working days after project completion.

K. No excavated or demolished materials shall be left in the public right of way overnight.

It is the Contractor's responsibility to do whatever subsurface exploration is required to Exhibit 1
BZjB

make a complete bid covering the cost of removal to the grades required.

The Contractor shall also be aware of existing Petromat fabric material under the existing pavement when removing the pavement. Pavement fabric, such as Petromat, shall be removed and disposed of, as required.

The Contractor shall also be aware of existing Macadam material under the existing pavement when removing the pavement.

The Contractor shall prepare the subgrade in accordance with the Specifications and to the satisfaction of the City Engineer, prior to placing new pavement. This item shall include excavation, backfill, disposal of excess materials and fine grading required to establish the grades shown on the Project Plans.

The subgrade preparation shall conform to Section 301-1 of the Standard Specifications. Unless otherwise specified, soil in the paved area shall be compacted to a relative compaction of ninety-five (95) percent in layers not to exceed six (6) inches of subgrade prior to placement of gravel base and the remainder shall be ninety-five (90) percent by a suitable means of compaction.

All existing asphalt concrete (AC) pavement to join new construction shall be sawcut in a straight line. Contractor shall exercise due caution to avoid any damage to existing improvements, protecting in -place of existing water mains, sewers, storm drains, meters, valve covers, wall, fences, curbs, fire hydrants, telephone and power poles, and other existing structures.

It is the Contractor's responsibility to perform whatever additional exploration is necessary to avoid causing any damage to the existing utilities under the work area.

Any damage done by the Contractor shall be repaired or replaced as called out in Section 402 of the Standard Specifications for Public Works Construction at the Contractor's expense.

This work shall consist of cutting existing asphalt concrete or cement concrete to facilitate its removal. Sawcutting shall be accomplished by the use of a power -driven saw. The depth of the cut shall be deep enough to provide a clean, straight break without loosening, cracking, or damaging adjoining asphalt or concrete. A clean sawcut edge shall be maintained until surface course AC is constructed. Under this item, the use of a grinder will not be allowed in lieu of power -driven saw.

Payment for Removal of Existing AC Pavement, Base, Subbase and Native Soil shall be at the contract unit price per Cubic Yard (CY) and shall be considered full compensation for furnishing labor, materials, equipment, sawcutting, removals, hauling and disposal of unsuitable materials, grade for the base, compaction and no additional compensation will be allowed therefor. Payment for the removal of Macadam and/or Petromat fabric material shall be included in this bid item of work and no additional compensation will be allowed.

Exhibit 1
EN

Bid Item No. 6 - Sawcut and Remove Existing PCC Pavement, Base, Sub -base, and Native Soil to clear depth for New Improvement
This Bid Item shall conform to Section 401 of the Standard Specifications and shall include all labor, material and equipment required to include the following items of work:

A. Sawcutting and removal by excavation of existing Portland cement concrete (PCC) pavement and underlying materials excavated to a depth required for the placement of a new pavement section and sub -base as shown on the project drawings. The excavation shall include, but is not limited to, the subgrade native soils. All work shall be completed in accordance with these specifications, the lines and grades, and typical cross -sections shown on the drawings. The underlying materials which are removed from excavations beneath the existing PCC pavement shall be inspected by the City Engineer prior to performing over excavation.

B. Removal of materials resulting from milling and excavation, including but not limited to debris, shrubs, rubbish and excess material, shall be legally disposed of.

C. Maintaining dust control at all times by watering.

D. Removal and disposal of any additional items not specifically mentioned herein, which may be found within the work limits or are shown on the plans, is to be removed and disposed of legally.

E. Removal and disposal of unnamed concrete improvements.

F. Restoration and clean-up of the site.

G. Providing for traffic control and maintenance of access to driveways, security and safety including signs, barricades, covers, steel plates and/or chain link fencing, as necessary.

H. Protecting in place of existing water mains, sewers, storm drains, meters, valve covers, walls, fences, curbs, fire hydrant, telephone and power poles, and other existing structures.

I. Removing and restoring or relocating all sprinkler lines, heads, valves, etc. interfering with construction of improvements.

J. All materials removed shall be lawfully disposed of at a site secured by the Contractor. The Contractor will make every effort to recycle excavated and demolition materials. The Contractor shall provide the City Engineer with a letter indicating the final disposition of all excavated and demolition materials from the project within five (5) working days after project completion.

K. No excavated or demolished materials shall be left in the public right of way overnight.

It is the Contractor's responsibility to do whatever subsurface exploration is required to Exhibit 1
B30J

make a complete bid covering the cost of removal to the grades required.

The Contractor shall also be aware of existing Petromat fabric material under the existing pavement when removing the pavement. Pavement fabric, such as Petromat, shall be removed and disposed of, as required.

The Contractor shall also be aware of existing Macadam material under the existing pavement when removing the pavement.

The Contractor shall prepare the subgrade in accordance with the Specifications and to the satisfaction of the City Engineer, prior to placing new pavement. This item shall include excavation, backfill, disposal of excess materials and fine grading required to establish the grades shown on the Project Plans.

The subgrade preparation shall conform to Section 301-1 of the Standard Specifications. Unless otherwise specified, soil in the paved area shall be compacted to a relative compaction of ninety-five (95) percent in layers not to exceed six (6) inches of subgrade prior to placement of gravel base and the remainder shall be ninety-five (90) percent by a suitable means of compaction.

All existing Portland cement concrete (PCC) pavement to join new construction shall be sawcut in a straight line. Contractor shall exercise due caution to avoid any damage to existing improvements, protecting in -place of existing water mains, sewers, storm drains, meters, valve covers, wall, fences, curbs, fire hydrants, telephone and power poles, and other existing structures.

It is the Contractor's responsibility to perform whatever additional exploration is necessary to avoid causing any damage to the existing utilities under the work area.

Any damage done by the Contractor shall be repaired or replaced as called out in Section 402 of the Standard Specifications for Public Works Construction at the Contractor's expense.

This work shall consist of cutting existing asphalt concrete or cement concrete to facilitate its removal. Sawcutting shall be accomplished by the use of a power driven saw. The depth of the cut shall be deep enough to provide a clean, straight break without loosening, cracking, or damaging adjoining asphalt or concrete. A clean sawcut edge shall be maintained until surface course PCC is constructed. Under this item, the use of a grinder will not be allowed in lieu of power -driven saw.

Payment for Removal of Existing PCC Pavement, Base, Subbase and Native Soil shall be at the contract unit price per Square Feet (SF) and shall be considered full compensation for furnishing labor, materials, equipment, sawcutting, removals, hauling and disposal of unsuitable materials, grade for the base, compaction and no additional compensation will be allowed therefor. Payment for the removal of Macadam and/or Petromat fabric material shall be included in this bid item of work and no additional compensation will be allowed.

Exhibit 1

Bid Item No. 7, 7A and 7B — Construct Concrete Alley Intersection This Bid Item shall include all labor, material and equipment required to construct concrete alley intersection for the project. Concrete alley intersection shall conform to the provisions of Section 201-1 of the Standard Specifications for Public Works Construction and shall be placed in accordance with Section 303-5 of the Standard Specifications for Public Works Construction. Concrete alley intersection shall be per Standard Plans for Public Works Construction 130-3 over 6" thick compacted Crushed Miscellaneous Base (CMB).

Concrete alley intersection shall be constructed to the line, grades and design shown on the plans to match existing or as ordered by the Engineer. The Contractor shall remove and replace any new concrete work with graffiti markings and blemishes at no additional cost to the City.

Payment for concrete cross gutter and/or spandrel shall conform to the provisions of Subsection 303-5.9 of the Standard Specifications for Public Works Construction. 6" thick compacted Crushed Miscellaneous Base (CMB) under the alley intersection shall be paid under a separate Bid Item.

Payment for two -foot -wide AC Pavement strip along the alley intersection for forming purposes shall be included in this bid item of work and no additional compensation will be allowed.

Payment for Construction of Concrete Alley Intersection shall be paid for at the contract unit price per Square Foot (SF) and shall include full compensation for furnishing all labor, materials, tools, equipment, backfilling, grading, compacting, forming, removing and replacing AC for forming purposes, pouring, finishing, hauling, proper disposing, and incidentals for doing all the work involved complete in place and no additional compensation will be allowed therefor.

Bid Item No. 8 — Construct 4" Thick Concrete Sidewalk
This Bid Item shall include all labor, material and equipment required to place concrete sidewalk for the project. Concrete sidewalk shall conform to the provisions of Section 303-5 of the Standard Specifications for Public Works Construction, Standard Plans for Public Works Construction and the Street Improvement Plans made part of these Specifications. Concrete shall be Class 520-C-2500 as specified in Section 201-1.1.2 of the Standard Specifications for Public Works Construction. Concrete sidewalk shall be a minimum 4" thick per the Standard Plans for Public Works Construction 112-2 and 113-2.

Concrete sidewalk shall be constructed to the line, grades and designs shown on the plans. Existing surfaces to be joined shall be sawcut on a neat, straight line at the join location. The Contractor shall remove and replace any new concrete work with graffiti markings and blemishes at no additional cost to the City.

Payment for concrete sidewalk shall conform to the provisions of Subsection 303-5.9 of the Standard Specifications for Public Works Construction.

Exhibit 1
B30i

Payment for Construction of 4" and 6" thick Concrete Sidewalk shall be paid for at the contract unit price per Square Foot (SF) and shall include full compensation for furnishing all labor, materials, tools, equipment, backfilling, grading, compaction, forming, pouring, finishing, hauling, properly disposing, and incidentals for doing all the work involved complete in place and no additional compensation will be allowed therefor.

Bid Item No. 9, 9A and 9B — Construct Concrete Longitudinal Gutter This Bid Item shall include all labor, material and equipment required to place concrete longitudinal gutter for the project. Concrete longitudinal gutter shall conform to the provisions of Section 303-5 of the Standard Specifications for Public Works Construction, City of Bell Gardens Standard Plans for Public Works Construction and the Street Improvement Plans made part of these Specifications. Longitudinal gutter shall be constructed per SPPWC 122-3. Concrete shall be Class 520-C-2500 as specified in Section 201-1.1.2 of the Standard Specifications for Public Works Construction.

Concrete longitudinal gutter shall be constructed to the line, grades and design shown on the plans or as ordered by the City Engineer. Existing concrete longitudinal gutter to be joined shall be sawcut on a neat, straight line at the join location. The Contractor shall remove and replace any new concrete work with graffiti markings and blemishes at no additional cost to the City. Work shall include replacement of any AC removed to provide space for forming at no additional cost to the City.

Payment for Construct Longitudinal Gutter shall conform to the provisions of Subsection 303-5.9 of the Standard Specifications for Public Works Construction. 6" thick compacted Crushed Miscellaneous Base (CMB) under the Longitudinal Gutter shall be paid under a separate Bid Item.

Payment for Construction of Concrete Longitudinal Gutter shall be paid for at the contract unit price per Square Foot (SF) and shall include full compensation for furnishing all labor, materials, tools, equipment, backfilling, grading, compacting, forming, pouring, finishing, hauling, properly disposing, and incidentals for doing all the work involved complete in place and no additional compensation will be allowed therefor.

Bid Item No. 10, 10A and 10B — Provide and Place 6" -Thick Crushed Miscellaneous Base (CMB)
This Bid Item shall include all labor, material and equipment required to provide and place Crushed Miscellaneous Base (CMB). CMB shall be in conformance with the requirements specified in Section 200-2.4 for untreated base material of the Standard Specifications and shall be placed and compacted per plans and specifications and per Section 301 of Standard Specifications for Public Works Construction.

The gravel base shall be compacted to a minimum of 95 percent relative compaction.

Exhibit 1
B3b3

Payment for placing crushed miscellaneous base shall conform to the provisions of Subsection 301-2.4 of the Standard Specifications for Public Works Construction.

Payment for Provide and Place Crushed Miscellaneous Base (CMB) shall be paid for at the contract unit price per Cubic Yard (CY), shall include full compensation for furnishing all labor, materials, tools, equipment, backfilling, grading, compacting, finishing, hauling, disposing, and incidentals and for doing all the work involved complete in place and no additional compensation will be allowed therefor.

Bid Item No. 11, 11A and 11B — Construct 2" -Thick AC Base Course Type B -PG 64-10
The work in this section shall include all labor, materials, and equipment required to complete all asphalt concrete paving work as follows:
• B -PG 64-10 — Depth as indicated on the plans.

This bid item includes the placement of asphalt concrete (AC) base course as shown on the project plans.

Work shall conform to Sections 203-6 of the Standard Specifications for Public Works Construction, these Specifications and as directed by the Engineer.

The Contractor shall submit to the City Engineer a written Construction Plan for the project that include street sweeping equipment, paving equipment and speed, finish roller type, number of passes required, amplitude and period of roller vibration (if used) and truck haul route.

Pneumatic rollers shall not be used. Placement of asphalt concrete shall be installed with a 3 or 5 -ton tandem roller. Either vibratory or static will be determined by the City Engineer.

All asphalt concrete work shall be performed in accordance with Subsection 302-5 "Asphalt Concrete Pavement" of the Standard Specifications for Public Works Construction and these Specifications.

Prior to the placement of asphalt concrete, Contractor shall clean up milled surface by sweeping or washing before any overlay pavement takes place. Otherwise, the dirt and dust will decrease the bond between the new overlay and the existing pavement. When sweeping, more than one pass is needed to remove all the dirt and dust. If the milled surface is washed, the pavement must be allowed to dry prior to pavement. All debris, dirt, and gravel from the surface should be removed and a tack coat of grade SS -1H emulsified asphalt conforming to the provision in Subsection 203-3 "Emulsified Asphalt" of the Standard Specifications of Public Works Construction shall be uniformly applied to all existing pavement surfaces and contact surface edges.

A Certificate of Compliance shall be required from the supplier of the asphalt concrete and delivered to the Engineer not less than Ten (10) working days prior to any Exhibit 1
B[�b144

scheduled asphalt concrete work. Asphalt concrete shall be placed, compacted to 95% relative density.

The field density of compacted Asphalt Concrete (AC) pavement shall be determined by a nuclear asphalt testing device, tested and calibrated in conformance with California Test 375, in the field designed to measure the density of pavement of the thickness being constructed. All test sections (and any such areas where cores are taken for calibration) shall have compactions consistently more than 95% based on the nuclear gauge.

Mix designs submitted for review shall have been performed within Fifteen (15) days from Award of Contract. At the beginning of the paving operation, Contractor shall cooperate with City Engineer and establish a rolling pattern to obtain acceptable density in the compacted asphalt concrete surface. Once the rolling pattern is established, Contractor shall follow this pattern unless otherwise directed by the Engineer.

Tack Coat (Not a Bid Item)
Asphalt emulsion binder shall comply with Section 302-5.4, "Tack Coat, of Standard Specification for Public Works Construction and these Specifications, and as directed by the Engineer.

When asphalt concrete is placed in contact with existing asphalt concrete, the surface shall be completely dry of water, clean of dirt and debris, and a tack coat of asphaltic emulsion shall be applied to insure proper bond. Asphaltic emulsion shall be applied to all vertical surfaces of existing pavement, curbs, and gutters, and construction joints against which asphalt concrete material is to be placed, to pavement to be surfaced and to other surfaces designated in the specifications or as directed by the City Engineer.

The overlay shall not be placed until the binder has cured to the point where it is tacky to the touch and as directed by the Engineer. Asphalt emulsion binder shall be applied so far in advance of placing the surfacing as permitted by the City Engineer.

Immediately in advance of placing the overlay, additional asphalt emulsion binder shall be applied as directed by the Engineer to areas where the asphalt emulsion binder has been damaged, and loose or extraneous material shall be removed, and additional compensation will not be allowed.

The area to which asphalt emulsion binder has been applied shall be closed to public traffic. Care shall be taken to avoid tracking binder material onto existing pavement surfaces beyond the limits of the construction.

A tack coat shall be applied to all concrete or gutter surfaces that will be in contact with the asphalt surfacing. The tack coat shall consist of PG -64-10 paving asphalt. It shall be furnished and applied in accordance with the requirements of Section 203, and 302- 5 of the SPPWC.

Apply tack coat at a rate not to exceed one -tenth (1/10) gallon per square yard uniformly in one coat on all vertical joins of AC patching and PCC surfaces and edges against Exhibit 1
Bab

which AC is to be placed. The surface to be covered shall be thoroughly cleaned of all dirt and loose materials prior to application of the asphalt binder.

The contract unit price paid for "Asphalt Concrete Pavement," shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in constructing asphalt concrete overlay complete in place as shown on the project plans found and as specified in these specifications.

Quantities of material wasted or disposed of in a manner not called for under the contract, or rejected loads of material, including material rejected after it has been placed by reason of the failure of the Contractor to conform to the specifications of the contract, or materials placed outside the lines indicated from the transporting vehicle, or material remaining on hand after completion of the work, will not be paid for and such quantities will be deducted from the final total quantities. No compensation will be al- lowed for hauling rejected material.

Payment for asphalt emulsion binder (Tack Coat) and preparation for overlay shall be included in the contract unit price paid for Asphalt concrete pavement.

Payment for Asphalt Concrete Base Course (2" -Thick) will be measured and paid by the Ton (TON) actually placed accompanied by weight certificates which shall be furnished by the Contractor to the Engineer at the job site upon delivery of the material.

Certificates shall be a legible copy of a licensed weigh master's certificate showing gross tare, and net weight of each truckload of asphalt concrete. Measurement shall conform to Section 302-5.9 of Standard Specifications of Public Works Construction.

Bid Item No. 12, 12A and 12B — Construct 2" -Thick Asphalt Concrete Overlay Type C2 -PG 64-10
The work in this section shall include all labor, materials, and equipment required to complete all asphalt concrete paving work as follows:
• C2 -PG 64-10 — Depth as indicated on the plans.

This bid item includes the placement of asphalt concrete (AC) Overlay course over existing or proposed AC Base course to a minimum depth of 2 inches as shown on the project plans.

Work shall conform to Sections 203-6 of the Standard Specifications for Public Works Construction, these Specifications and as directed by the Engineer.

The Contractor shall submit to the City Engineer a written Construction Plan for the project that include; street sweeping equipment, paving equipment and speed, finish roller type, number of passes required, amplitude and period of roller vibration (if used) and truck haul route.

Pneumatic rollers shall not be used. Placement of asphalt concrete shall be installed with a 3 or 5 -ton tandem roller. Either vibratory or static will be determined by the City Engineer.

Exhibit 1
B3o

All asphalt concrete work shall be performed in accordance with Subsection 302-5 "Asphalt Concrete Pavement" of the Standard Specifications for Public Works Construction and these Specifications.

Prior to the placement of asphalt concrete, Contractor shall clean up milled surface by sweeping or washing before any overlay pavement takes place. Otherwise, the dirt and dust will decrease the bond between the new overlay and the existing pavement. When sweeping, more than one pass is needed to remove all the dirt and dust. If the milled surface is washed, the pavement must be allowed to dry prior to pavement. All debris, dirt, and gravel from the surface should be removed and a tack coat of grade SS -1H emulsified asphalt conforming to the provision in Subsection 203-3 "Emulsified Asphalt" of the Standard Specifications of Public Works Construction shall be uniformly applied to all existing pavement surfaces and contact surface edges.

A Certificate of Compliance shall be required from the supplier of the asphalt concrete and delivered to the Engineer not less than Ten (10) working days prior to any scheduled asphalt concrete work. Asphalt concrete shall be placed, compacted to 95% relative density.

The field density of compacted Asphalt Concrete (AC) pavement shall be determined by a nuclear asphalt testing device, tested and calibrated in conformance with California Test 375, in the field designed to measure the density of pavement of the thickness being constructed. All test sections (and any such areas where cores are taken for calibration) shall have compactions consistently in excess of 95% based on the nuclear gauge.

Mix designs submitted for review shall have been performed within Fifteen (15) days from Award of Contract. At the beginning of the paving operation, Contractor shall cooperate with City Engineer and establish a rolling pattern to obtain acceptable density in the compacted asphalt concrete surface. Once the rolling pattern is established, Contractor shall follow this pattern unless otherwise directed by the Engineer.

Tack Coat (Not a Bid Item)
Asphalt emulsion binder shall comply with Section 302-5.4, "Tack Coat, of Standard Specification for Public Works Construction and these Specifications, and as directed by the Engineer.

When asphalt concrete is placed in contact with existing asphalt concrete, the surface shall be completely dry of water, clean of dirt and debris, and a tack coat of asphaltic emulsion shall be applied to insure proper bond. Asphaltic emulsion shall be applied to all vertical surfaces of existing pavement, curbs, and gutters, and construction joints against which asphalt concrete material is to be placed, to pavement to be surfaced and to other surfaces designated in the specifications or as directed by the City Engineer.

The overlay shall not be placed until the binder has cured to the point where it is tacky to the touch and as directed by the Engineer. Asphalt emulsion binder shall be applied so far in advance of placing the surfacing as permitted by the City Engineer.

Exhibit 1
B3b7

Immediately in advance of placing the overlay, additional asphalt emulsion binder shall be applied as directed by the Engineer to areas where the asphalt emulsion binder has been damaged, and loose or extraneous material shall be removed, and additional compensation will not be allowed.

The area to which asphalt emulsion binder has been applied shall be closed to public traffic. Care shall be taken to avoid tracking binder material onto existing pavement surfaces beyond the limits of the construction.

A tack coat shall be applied to all concrete or gutter surfaces that will be in contact with the asphalt surfacing. The tack coat shall consist of PG -64-10 paving asphalt. It shall be furnished and applied in accordance with the requirements of Section 203, and 302- 5 of the SSPWC.

Apply tack coat at a rate not to exceed one -tenth (1/10) gallon per square yard uniformly in one coat on all vertical joins of AC patching and PCC surfaces and edges against which AC is to be placed. The surface to be covered shall be thoroughly cleaned of all dirt and loose materials prior to application of the asphalt binder.

The contract unit price paid for "Asphalt Concrete Pavement," shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in constructing asphalt concrete overlay complete in place as shown on the project plans found and as specified in these specifications.

Quantities of material wasted or disposed of in a manner not called for under the contract, or rejected loads of material, including material rejected after it has been placed by reason of the failure of the Contractor to conform to the specifications of the contract, or materials placed outside the lines indicated from the transporting vehicle, or material remaining on hand after completion of the work, will not be paid for and such quantities will be deducted from the final total quantities. No compensation will be al- lowed for hauling rejected material.

Payment for asphalt emulsion binder (Tack Coat) and preparation for overlay shall be included in the contract unit price paid for Asphalt concrete pavement.

Payment for Asphalt Concrete Overlay (2" -Thick) will be measured and paid by the Ton (TON) actually placed accompanied by weight certificates which shall be furnished by the Contractor to the Engineer at the job site upon delivery of the material.

Certificates shall be a legible copy of a licensed weigh master's certificate showing gross tare, and net weight of each truckload of asphalt concrete. Measurement shall conform to Section 7-1 of Standard Specifications of Public Works Construction.

Bid Item No. 13 — Construct Concrete Pavement (8.0" Thick) This Bid Item shall include all labor, material and equipment required to place concrete pavement for the project. Concrete pavement as shown on the contract drawing shall conform to the provisions of Section 201-1 of the Standard Specifications for Public Works Construction and shall be placed in accordance with Section 302-6 of the of the Standard Specifications for Public Works Construction.

Exhibit 1
B3op

Concrete pavement shall be per Standard Plans for Public Works Construction, Plan 132-3 and shall be constructed to the line, grades and design shown on the plans or as ordered by the Engineer. The Contractor shall remove and replace any new concrete work with graffiti markings and blemishes at no additional cost to the City.

Payment for 8.0" concrete pavement shall conform to the provisions of Subsection 303-

5.9 of the Standard Specifications.

A 6.0" thick compacted crushed miscellaneous base (CMB) under the concrete pavement shall be paid under separate Bid Item.

Payment for Construction of Concrete Pavement shall be paid for at the contract unit price per Square Foot (SF) and shall include full compensation for furnishing all labor, materials, tools, equipment, sawcutting, hauling, disposing, backfilling, compacting, subgrade preparation and incidentals, and for doing all the work involved complete in place and no additional compensation will be allowed.

Bid Item No. 14, 14A and 14B — Construct 2" x 6" Redwood Header This Bid Item shall include all labor, material and equipment required to Construct Redwood Header for the project. Redwood Header shall be constructed to the line, grades and design shown on the plans or as ordered by the Engineer.

Payment for Construction of Redwood Header shall be paid for at the contract unit price per Linear Foot (LF) and shall include full compensation for furnishing all labor, materials, tools, equipment, excavation, backfilling, grading, compacting, forming, pouring, finishing, hauling, proper disposing, and incidentals for doing all the work involved complete in place and no additional compensation will be allowed therefor.

Bid Item No. 15, 15A and 15B — Adjust Existing Water Meter Box and Cover to Finished Grade, Replace Broken Cover/Box
Meter boxes shall be either precast reinforced concrete or of fiber construction and shall conform to the provision in the water purveyor's Standard Specifications. Existing meter boxes in good condition may be reused if not disturbed as approved by the City Engineer and/or the owner. Broken covers and those not conforming to the above or the requirements on the plans shall be replaced. Existing meter boxes not reused or noted for future use shall be removed and salvaged and the area of removal repaired in kind with the surrounding area, but at a minimum to the minimum standards for the said material used.

Payment for Adjustment of Water Meter Boxes and Covers to Finished Grade shall be at the contract unit price per Each (EA) Unit Price basis and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved complete in place.

Exhibit 1
B969

Bid Item No. 16, 16A and 16B — Adjust Existing Water Valve Cans and Covers to Finished Grade
Adjusting water valve cans and covers shall be in accordance with Section 403 of the Standard Specifications. The Contractor is to contact the water utility and determine if the utility wants the Contractor to lower and raise the water valves sleeves and covers or the water utility will do so on its own. In the latter case the Contractor will not be paid for this work.

All existing water utility covers that can be lowered and raised shall be lowered prior to cold milling/removal and adjusted to finished grade by the Contractor or the Utility Owner. The Contractor shall contact the utility or substructure owner organizations to arrange for adjustment of their respective facilities a minimum of seven (7) working days prior to paving operations in accordance with Section 403-3 of the Standard Specifications.

Adjustment of existing water valve sleeves shall also be performed after finish paving and covers are to be painted should the Utility Owner want the cover to be painted. The Utility Owner will let the City know what color is to be used.

Payment for Adjustment of Water Valve Cans and Covers to Finished Grade shall be based on Each (EA) Unit Price basis and shall be considered full compensation of all costs associated with their adjustment including labor, materials, equipment, tools, traffic control and incidentals for doing all the work involved complete in place.

Bid Item No. 17 — Adjust Existing Storm Drain/Sewer/Utility Manhole Frames and Covers to Finished Grade
This Bid Item shall include all labor, equipment and materials to adjust existing sewer/storm drain/utility manhole/vault frames and covers within the project limits to match finished grade if required. The work shall be performed in accordance with Section 403 of the Standard Specifications for Public Works Construction and per Standard Plans for Public Works Construction 205-3, 206-2 and all applicable standard plans.

All existing covers that can be lowered and raised shall be lowered prior to cold milling/removal and adjusted to finished grade by the Contractor or by the Utility Owner for the Contractor. For utility frames and covers under the jurisdiction of Verizon, AT&T, Edison, Los Angeles County Flood Control District, Los Angeles County Sanitation Districts, and County Sewer Maintenance Districts, the Contractor shall contact these organizations to arrange for adjustment of their respective facilities a minimum of seven (7) working days prior to cold milling/paving operations in accordance with Section 403-3 of the Standard Specifications.

The adjustment of existing manholes/vaults to finished grade shall be performed after finish paving. The removal or addition of grade rings shall be required to facilitate adjustment. Frame and covers shall be thoroughly cleaned and reset to finished grade by cutting pavement one foot outside the limits of the frame and cover.

Said cut shall be neat and uniform.

Exhibit 1

Payment for Adjustment Storm Drain/Sewer/Utility Manhole Frames and Covers to Finished Grade shall be paid for at the contract unit price per Each (EA) and shall be considered full compensation for labor and furnishing and placing all forms, materials, construction and expansion joints, curing compounds and equipment to complete the construction is considered as included in the price paid, and no additional compensation will be allowed therefor. Where the manhole frame and cover is performed by the utility owner, no compensation will be made to Contractor.

Bid Item No. 18, 18A and 18B — Furnish and Install Public Improvement Project Signs
The Contractor shall supply, erect, and maintain, in good standing free of graffiti markings, public improvement project signs for the duration of construction according to the specifications set forth below. A scaled layout of the sign shall be submitted to the City Engineer for approval prior to fabrication. The sign is illustrated in Appendix "D." Size: 4 feet by 4 feet sheet plywood mounted on posts with a 7 feet clearance above ground level.

Materials: 3/4 -inch (exterior type) plywood (C -C EXT-DFPA grade).

Support: 4 -inch by 4 -inch by 11 feet posts.

Mounting: Frame shall be constructed using 2 inches by 6 inches by 8 feet skids centered on each post and 2 inches by 4 inches by 5 feet 6 inches 60 degree brace for each skid and 2 inches by 6 inches cross -strut between the bottom of the posts all of bolted construction. Plywood panel shall be mounted using 1/2 inch by 8 inch carriage bolts at 24 inches (maximum) on center.

Paint: Panel Face: Three coats outdoor enamel (sprayed) Panel Rear and Frame: Two coats outdoor enamel (sprayed).

Color: Stark white background and blue lettering.

Lettering: Silkscreen enamels, Helvetica medium.

Covering: 1/4 inch clear plastic.

Location: The signs shall be placed at each end of the street that work is being constructed on. If various locations of work are included, the signs will be moved by the Contractor per the AGENCY's schedule.

Disposition: After the Notice of Completion is issued, the sign shall become the property of the AGENCY, and the Contractor shall deliver the sign to the Public Works Facility at no expense to the AGENCY.

Exhibit 1

Payment for Furnish and Install of Public Improvement Project Signs shall be based on Each (EA) Unit Price basis and shall include full compensation for all labor materials, tools, equipment, and for doing all work involved, including delivery of the signs to the Public Works Facility at the end of the project.

Bid Item No. 19, 19A and 19B — Construction Survey, Staking, Re-establish Survey Monuments and Centerline Ties
It shall be the responsibility of the Contractor to supply any and all construction surveying and staking required. All surveying shall be performed under the direct supervision of a California Licensed Land Surveyor or a Civil Engineer duly licensed to perform land surveying.

It is the Contractor's responsibility to Re-establish Survey Monuments and Centerline ties as disturbed in the field and shall conform to Standard Specification for Public Works Construction Section 309 and as modified below. All work done on monuments shall be recorded and copies thereof filed with the City of Bell Gardens Engineer and the County Surveyor. This work will include all reestablishment of all monuments that are disturbed through the course of completing this project.

A corner record survey shall be completed and filed with the County of Los Angeles Surveyor for each survey monument that the Contractor resets. A copy of each corner record shall be provided to the City of Bell Gardens after filing with the County.

Construction Staking consists of furnishing transportation, labor, materials, and equipment to provide surveying and field engineering under the direction of a land surveyor or professional engineer licensed in the State of California. Furnish skilled labor, instrument platforms, ladders and such other temporary structures, required lighting for making and maintaining points and lines in connection with the surveys required.

Construction Staking shall conform to the Standard Specification Section 3-10. Work under this Section includes, but is not limited to, the following:

1. Establish and maintain horizontal and vertical control points from City of Bell Gardens -supplied benchmarks and baselines.

2. Establish temporary benchmarks.

3. Layout of all work.

4. Construction staking for earthwork and paving work required on the project.

5. Control, staking, and grade checking for all earthworks.

6. Control for construction of reinforcing steel, concrete work, and structural steel work.

7. Maintain records on reproducible contract drawings (ASCII points file) of as - constructed locations of project components and features during the course of the project.

Exhibit 1
B9 -12i

The City of Bell Gardens reserves the right to check the accuracy of Contractor's survey measurements and calculations. Regardless of whether or not the City of BeII Gardens exercises this right, the requirements for Contractor accuracy and adequacy will not be waived.

Copies of all completion survey notes, and other data shall be furnished to the City of BeII Gardens prior to beginning work that requires their use.

Prior to completion of Project and when requested by the City of BeII Gardens, Contractor shall submit a copy of project drawing and certificate signed by California Registered Land Surveyor or Professional Engineer as applicable, that elevations and locations of Work are in conformance with Contract Documents.

Contractor shall set permanent monuments and file "Record of Survey Map." The contractor shall be responsible to maintain a complete and accurate log of control and survey work as it progresses.

Contractor shall field verify locations of survey control points prior to starting any work on the Project Site. Contractor shall establish and submit to the City of BeII Gardens any temporary control points as necessary due to construction activity. The Contractor shall notify the City of BeII Gardens of any discrepancies discovered and resolve prior to starting any work.

The Contractor shall lay out work from the City Engineer's established control points, baselines, ranges and gauges and shall be responsible for all measurements in connection therewith. Furnish, at Contractor's expense, all stakes, templates, platforms, equipment, range markers, and labor as may be required in laying out any part of the Work from the points and lines established by the City of BeII Gardens. The Contractor will be held responsible for the execution of the Work to such lines and grades as may be established or indicated by the City Engineer. It shall be the responsibility of the Contractor to maintain and preserve all stakes and other marks established by the Surveyor/Engineer retained by the Contractor until authorized to remove them. If such marks are destroyed by the Contractor or through negligence prior to their authorized removal, they may be replaced by the City of Bell Gardens. The expense of replacement will be deducted from any amounts due, or to become due, the Contractor.

Surveying shall conform to methods, procedures, and requirements of the Caltrans Survey Manual. Contractor shall set finish grades at a maximum of 25 -ft. intervals for dirt, 25 -ft. intervals for rock and at all grade breaks. Contractor shall establish or reestablish baselines and field control points as necessary and provide all basic site engineering to assure accurate locations and elevations for construction. It will be Contractor's responsibility to verify location and elevation of existing structures and utilities as required for new work.

Control datum for survey may be indicated on Contract Drawings. Contractor shall locate and protect, or replace survey control and reference points, preserve permanent reference points during construction and provide record of survey for replacement at record monument. The Contractor shall report to the City of BeII Gardens loss or destruction of any reference point or relocation required because of changes in grades Exhibit 1
B31".3

or other reasons and replace dislocated survey control points based on original survey control. There will be no changes without prior written notice to the City of Bell Gardens.

Payment for Construction Survey shall be paid for at the contract unit price per Lump Sum (LS) and shall be considered full compensation for furnishing labor, materials, equipment and removal after construction, and no additional compensation will be allowed therefor. Contractor shall submit electronic files of surveys conducted for Progress Payments with each Pay Request.

Bid Item No. 20, 20A and 20B - Provide Soil and Pavement Testing Services as Needed - Allowance
This Contract provides an allowance of up to $4,900 (includes actual cost plus 15% overhead of Contractor) for a geotechnical and soil compaction testing, concrete testing and AC density test (field work, office work and AC batch plant inspection). The Testing/Geotechnical Engineering Firm shall be headed by a California Registered Geotechnical Engineer and shall be approved by the City Engineer prior to start of soil and pavement testing tasks.

All required AC and Soil tests shall be performed per City Engineer requests. All such work required by the City Engineer will be paid by the City to the Contractor on the submittal and approval of invoices of the firm retained by the Contractor plus 15% charge for Contractor supervisorial costs.

Mobilization and Demobilization (NOT A BID ITEM)
Mobilization shall consist of preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment, materials, and incidentals to the project site necessary for work on the project and for all other work and operations which must be performed or costs incurred including bonds, insurance, and financing prior to beginning work on the various contract items on the project site.

Mobilization shall also include the time, materials, and labor to move the necessary construction equipment to and from the site, supervisory time on the job by the Contractor's personnel to keep the construction site in a safe condition, and all other related work as required at all times and for all nonworking days during construction period. The Contractor is responsible for securing an adequate storage site for equipment and materials.

Compensation for mobilization shall be included in the other items of work and no additional compensation will be allowed.

All Other Items of Work (NOT A BID ITEM)
Compensation for all other items of work that are not identified shall be included in the other items of work and no additional compensation will be allowed.

Exhibit 1
B[;i244

APPENDIX "A"

STANDARD PLANS
Exhibit 1 315

LIST OF STANDARD PLANS
Plan No. Description
Standard Plans for
Public Works Construction:

SPPWC 112-2
SPPWC 113-2
SPPWC 122-3
SPPWC 130-3
SPPWC 132-4
SPPWC 133-4
SPPWC 134-3
SPPWC 205-3
SPPWC 206-2
Curb and Sidewalk Joints
Sidewalk & Driveway Replacement
Longitudinal Gutter
Alley Intersection
Concrete Pavement Replacement
Asphalt Concrete Pavement Joint Details
Concrete Pavement Joint Details
Sewer Manhole Raising Rings
Manhole Raising Rings
Exhibit 1 316

CURB RAMP
EXP JT
WELL
WPJ
POLE
JT
EXP JT

CURB RAMP
I-
-,
CL
X
w
a
x
w

DRIVEWAY
ABBREVIATIONS:
a

WPJ WEAKENED PLANE JOINT BCR BEGINNING OF CURB RETURN

EXP JT EXPANSION JOINT ECR END OF CURB RETURN
NOTES:

1. WEAKENED PLANE JOINTS SHALL BE USED FOR ALL JOINTS,

EXCEPT THAT EXPANSION JOINTS SHALL BE PLACED AT THE

BCR AND ECR IN CURB, GUTTER AND SIDEWALK, AND AROUND
UTILITY POLES LOCATED IN SIDEWALK AREAS.

2. WEAKENED PLANE JOINTS SHALL BE CONSTRUCTED AT REGULAR INTERVALS NOT EXCEEDING 10' (3000 mm) IN WALKS AND
20' (6000 mm) IN GUI ILRS. JOINTS IN CURB AND WALK
SHALL BE ALIGNED.

3. CURB AND GUTTER SHALL BE CONSTRUCTED SEPARATELY FROM SIDEWALK.

PROPERTY LINE
a
3 STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION

PROMULGATED BY THE
PUBLIC WORKS STANDARDS INC.

OREENBO COMMITTEE
1984 19
REV. 1998, 2009

CURB AND SIDEWALK JOINTS

STANDARD PLAN
112-2
SHEET 1 OF 1

USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION Exhibit 1
J'I f

WALK

WALK OR FILL-IN REPLACEMENT FOR EXCAVATIONS MADE

PARALLEL TO CURB OR PROPERTY LINE
WA_< ADJACENT TO PROPERTY LINE
WALK LESS THAN 5' (1500 mm) WIDE WALK 5' (1500 mm) WIDE OR MORE IF LESS THAN 30"
(750 mm) REPLACE

REPLACE WALK C SAWCUT ENTIRE WALK
SAWCUT IF SCORELINE ENTIRE WALK ������` REPLACE 30"
EARTH OR CONCRETE FILL-IN SAWCUT EARTH OR CONCRETE FILL-IN (750 mm) MIN

IF SCORELINE
WA_< ADJACENT TO CURB
WALK LESS THAN 5' (1500 mm) WIDE
WALK
WALK 5' (1500 mm) WIDE OR MORE
REPLACE 30"
EXCAVATION- (750 mm) MIN

REPLACE WALK SA

ENTIRE WALK
CLR
GU
ILR
IF LESS THAN 30"
(750 mm) REPLACE

ENTIRE WALK
FL -IN REP_ACEMENT
FILL-IN LESS THAN 5' (1500 mm) WIDE FILL-IN 5' (1500 mm) WIDE OR MORE

FILL-IN
WALK L

SAWCUT IF SCORELINE

FILL-IN

REPLACE

ENTIRE FILL-IN

WALK PL

SAWCUT IF SCORELIN
IF LESS THAN 30"
(750 mm) REPLACE

ENTIRE FILL-IN
REPLACE 30"
(750 mm) MIN

WALK OR FILL-IN REPLACEMENT FOR EXCAVATIONS MADE

NORMAL TO CURB OR PROPERTY LINE
THESE REQUIREMENTS ALSO APPLY TO ENDS OF PARALLEL EXCAVATIONS.

IF AN EXCAVATION FALLS WITHIN 30" (750 mm) OF AN EXPANSION JOINT, CONSTRUCTION JOINT,

WEAKENED PLANE JOINT, OR EDGE, THE CONCRETE SHALL BE REMOVED AND REPLACED TO THE JOINT OR EDGE.

IF AN EXCAVATION FALLS WITHIN 12" (300 mm) OF A SCORELINE, THE CONCRETE SHALL BE REMOVED AND REPLACED TO THE SCORELINE. THE SCORELINE SHALL BE SAWCUT BEFORE CONCRETE REMOVAL.

THE MINIMUM LENGTH OF REPLACEMENT IN BOTH CASES SHALL BE 30" (750 mm).

STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION

PROMULGATED BY THE
PUBUCWOR8KS STANDARDS INC.

SIDEWALK & DRIVEWAY REPLACEMENT

STANDARD PLAN
113-2
SHEET 1 OF 2
1993
REV. 1996, 2009

USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION Exhibit 1
318

NOTES

1. CONCRETE WALK, FILL-IN AND DRIVEWAYS REMOVED IN CONNECTION WITH CONSTRUCTION SHALL BE REPLACED TO NEATLY SAWED EDGES. ALL CUTS SHALL BE PARALLEL TO OR PERPENDICULAR TO THE CURB; ON CURVES, THE CUT SHALL BE RADIAL TO THE CURB.

2. DRIVEWAY APRONS IN WHICH THE "W" DISTANCE IS LESS THAN 11' (3300 mm) SHALL BE REPLACED IN THEIR ENTIRETY IF CUT IN ANY AREA.

3. DRIVEWAY APRONS IN WHICH THE 'W' DISTANCE IS 11' (3300 mm') OR MORE MAY BE CUT WITHIN THE "W" SECTION. THE MINIMUM REPLACEMENT SHALL BE 30" (750 mm) IN LENGTH. THE MINIMUM DISTANCE ALLOWED BETWEEN SUCH CUTS SHALL BE 14' (4200 mm').

4. DRIVEWAY APRONS IN WHICH THE "W" DISTANCE IS 11' (3300 mm) OR MORE MAY BE CUT IN THE "X" OR "R" SECTION. REPLACEMENT SHALL BE THE ENTIRE "X" OR "R" SECTION.

5. DRIVEWAY APRONS SHALL BE REPLACED FROM THE BACK OF THE CURB TO THE FRONT EDGE OF

THE WALK, EXCEPT, WHERE WALK IS ADJACENT TO CURB, REPLACEMENT SHALL BE FROM BACK OF CURB TO BACK OF WALK.

6. WALK PORTIONS OF DRIVEWAYS SHALL BE REPLACED AS SHOWN ABOVE FOR EXCAVATIONS MADE PARALLEL OR NORMAL TO CURB.

7. REPLACEMENT OF THE "X" OR "R" SECTION SHALL MATCH EXISTING CONSTRUCTION.

STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION

SIDEWALK & DRIVEWAY REPLACEMENT

STANDARD PLAN
113-2
SHEET 2 OF 2
Ex

STREET SLOPE LESS THAN 4%
I -
a
X
w

GUTTER TRANSITION

STR GR CURB-
--- F
6'
(1800 mm)
RIDGE

GUTTER TRANSITION
0 15'
(4500 mm; m

PROPERTY LINE
15' (4500 mm)

TRANSITION ---

WHEN REQUIRED
ECR
EXP JT
5' TYP B
(1500 mm)
G WG

GUTTER GUTTER

FLOW LINE
STR GR
I-
X
w
U 15'
47 (4500 mm)
ECR
EXP JT

TYPICAL CROSS GUTTER PLAN
STREET SLOPE LESS THAN 4%
STREET SLOPE 4% OR GREATER

STREET CENTERLINE
0 m
/OPERTY
LINE

NORMAL CF CURB
MINUS 2" (50 mm)
GUTTER
LEVEL
ECR
FLOW

NORMAL CF
MINUS 2" (50 mm)
WG = 2' (600 mm) TYP

FLOW LINE
ECR

TYPICAL CROSS GUTTER PLAN
STREET SLOPE 4% OR GREATER
8"
(200 mm)

PROPERTY
LINE

SECTION A -A SECTION B -B SECTION C -C

STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION

PROMULGATED BY THE
PUBUC WORKS STANDARDS WC.

GREENBOOK
�,
REV. 1043, 2000, 2021

CROSS AND LONGITUDINAL GUTTERS

STANDARD PLAN
122-3

USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SHEET 1 OF 2
Exhibit
,32U

WEAKENED -PLANE JOINTS
PER NOTES 1 AND 2
I
a
x
w
15' (4500 mm)

TRANSITION

WEAKENED -PLANE JOINTS
PER NOTES 1 AND 2
I
2 (600 m
0 0
N
4"
100 m

TYPICAL JOINT PLAN

WEAKENED -PLANE JOINT OR

OPTIONAL CONSTRUCTION JOINT
PER NOTES 1, 2 AND 3

JOINT NEEDED WHEN
W = 46' (14 m) OR MORE

CROSS GUTTER
5'
(1500 mm) TYP
5'
1500 mm) TYP
GUTTER
4' ,o 1
_17:122't.
(40 mm)

FOUR EQUALLY

SPACED DOWELS

FOR CONSTRUCTION
JOINTS -SEE NOTE 4

LONGITUDINAL
GUTTER
1"

SIX EQUALLY SPACED

DOWELS FOR CONSTRUCTION
JOINTS

SECTION D -D
NOTES:

1. WEAKENED -PLANE AND/OR CONSTRUCTION JOINTS SHALL BE PLACED IN CURB AND GUTTER AT LOCATIONS SHOWN ON THE TYPICAL JOINT PLAN HEREON.

2. WEAKENED -PLANE JOINTS SHALL BE PLASTIC CONTROL JOINTS OR 1-1/2" (40 mm) DEEP SAW CUTS. CONCRETE SAWING SHALL TAKE PLACE WITHIN 24 HOURS AFTER CONCRETE IS PLACED.

3. DOWELS FOR CONSTRUCTION JOINTS SHALL BE #4 BARS 18" LONG (#13M BARS 450 mm LONG).

4. PLACE A WEAKENED -PLANE OR CONSTRUCTION JOINT WHERE LONGITUDINAL ALLEY

GUTTER JOINS CONCRETE ALLEY INTERSECTION,

5. ALL EXPOSED CORNERS ON PCC CURBS AND GUTTERS SHALL BE ROUNDED WITH 1/2" (15 mm) RADIUS.

6. CONCRETE SHALL BE INTEGRAL WITH CURB UNLESS OTHERWISE SPECIFIED.

7. ADJACENT TO CURB RAMPS, CONCRETE SLOPE SHALL BE 5% MAXIMUM FOR A DISTANCE OF 5 FEET (1525 mm) FROM THE CURB FACE FOR THE WIDTH OF THE WIDTH OF THE RAMP, NOT INCLUDING SIDE TRANSITION CURBS.

STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION

CROSS AND LONGITUDINAL GUTTERS

STANDARD PLAN
122-3
SHEET 2 OF 2
Ex

CASE A

STANDARD APPROACH
CASE B

ANGLED APPROACH

SECTION
A -A

SECTION
B -B
W, ft
W, mm
8'
(2400 mm)
10'
(3000 mm)
15'
(4500 mm)
20'
(6000 mm;•
25'
(7500 mm)
30'
(9000 mm)
dl, ft

0.33'

0.42'

0.63'

0.83'

1.04'
t25'
MAX
(100 mm)
(125 mm)
(188 mm)
(250 mm)
(313 mm)
(375 mm)
d2, ft

0.17'

0.25'

0.25'

0.25'

0.25'

0.25'
MIN
(50 mm)
(75 mm;
(75 mm)
(75 mm)
(75 mm)
(75 mm)
NOTES:

1. ALLEY INTERSECTION SHALL BE CONSTRUCTED OF CONCRETE, CLASS 520-C-2500 (310-C-17), 6" (150 mm) THICK.

2. ASTERISKS (*) SHOW MAXIMUM GRADES.

STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION
M

PROLCATEO BY THE
PUBLIC WORKS STANDARDS NC.
�
1984
REY. flGO. 2009.2021

ALLEY INTERSECTION

STANDARD PLAN
130--3
SHEET 1 OF 1

USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION Exhibit 1
322

E
Ez
O
(900 mm
MIN
SAWCUT

EXISTING

TRANSVERSE JOINT

OF TRAFFIC
z
0 I-
0 W
cc
0 -J
z_
0la
Z =
N z Z EXCAVATION
x00
W J
00 mm
MIN
SAWCUTS PERPENgICULAR

TO EXISTING JOINTS
E
E
O
O
O)
Fr)
E
a

CONCRETE REMOVAL AND REPLACEMENT
900

OR MORE

EXIST CONCRETE

PAVEMENT

EPLACEMEN

T SECTION
PLAN

TRENCH WIDTH
TRENCH

BACKFILL

STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION

PROMULGATED BY DE STANDARD
°` co
1993
REV. 1990, 2005, 2009, 2021

CONCRETE PAVEMENT REPLACEMENT
PLAN
132-4

USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SHEET 1 OF 2
Exhibit I
323

NOTES:

1. THE EXTENT OF REPAIRS FOR CONCRETE CUTS NOT SHOWN ON THIS STANDARD PLAN OR CUTS MADE WITHIN 3' (900 mm) OF EXISTING PATCHES, CRACKS, OR DETERIORATED SLABS SHALL BE DETERMINED BY THE ENGINEER.

2. CONCRETE PAVEMENT SHALL BE REMOVED PER SSPWC 401-3.1.

3. BACKFILL AND DENSIFICATION SHALL CONFORM TO SSPWC 306-1.3.

4. TEMPORARY RESURFACING SHALL BE PLACED PER SSPWC 306-1.5.1.

STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION

CONCRETE PAVEMENT REPLACEMENT

STANDARD PLAN
132-4
SHEET 2 OF 2
Ex it

TRENCH WIDTH

EXISTING AC PAVEMENT T

CASE I - AC PVMT ON TREK
C

AC PAVEMENT
TRENCH

BACKFILL

BACKFILL

TRENCH WIDTH

EXISTING AC PAVEMENT T

EXISTING BASE

AC PAVEMENT
\\,/ TRENCH

BACKFILL

CASE II - AC PVMT ON BASE MATERIAL

TRENCH WIDTH

EXISTING AC PAVEMENT T

EXISTING CONC PAVEMENT C

AC PAVEMENT
CONC-PAVEMENT, 520-A-2500
(310-A-17)
i
TRENCH

BACKFILL

CASE HI - AC PVMT ON CONCRETE PVMT

STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION

PROMULGATED BY THE
REIM WORKS STANDARDS i1C.

GREETBOOK COMMITTEE
M93
REV. 1999, 2003, 2001, 2021

ASPHALT CONCRETE PAVEMENT

REPLACEMENT

USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION

STANDARD PLAN
133-4
SHEET 1 OF 2
Exhibit
325

NOTES:

1. TRENCH BACKFILL AND DENSIFICATION SHALL CONFORM TO SSPWC 217-2 AND 306-12.

2. TRENCH RESURFACING SHALL BE PLACED PER SSPWC 306-13.

E

STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION

STANDARD PLAN

ASPHALT CONCRETE
�.. . REPLACEMENT

PAVEMENT
133-4
SHEET 2 OF 2

FINISHED EDGES

INITIAL SLAB
#5 x 24" (#16M x 600 mm) TIE BARS

SEE KEYWAY INSERT DETAIL

SUBSEQUENT SLAB

CONSTRUCTION JOINT WITH KEYWAY AND TIE BA
NOTES:
cV
T
(V
1"
(25 mm)
E i�
E
ko
I

METAL OR WOODEN INSERT TO BE
PLACED ON FORMS.
___!„ ..-- CONCRETE FORM

KEYWAY INSERT DETAIL

1. LONGITUDINAL JOINTS SHALL BE LOCATED AS SHOWN ON PLAN. CONSTRUCTION OR WEAKENED PLANE JOINTS MAY BE USED AT THE CONTRACTOR'S OPTION.

2. TRANSVERSE WEAKENED PLANE JOINTS SHALL BE CONSTRUCTED AT INTERVALS OF 15' (4500 mm) AND SHALL BE AT LEAST 5' (1500 mm) FROM ANY TRANSVERSE CONSTRUCTION JOINT. (SEE NOTE 5.)

3. TRANSVERSE CONSTRUCTION JOINTS SHALL BE CONSTRUCTED AS SHOWN HEREON AND AS DIRECTED BY THE ENGINEER.

4. SPACE TIE BARS AT 36" (900 mm) ON -CENTER FOR TRANSVERSE JOINTS AND 45" (1125 mm) FOR LONGITUDINAL JOINTS. PLACE IN MIDDLE THIRD OF SLAB.

5. CONCRETE PAVEMENT JOINTS SHALL CONFORM TO SSPWC 302-6.5.

6. CONSTRUCT CONSTRUCTION JOINTS IN THE APPROACH SLABS AT THE FIRST THREE TRANSVERSE JOINTS OF CONCRETE INTERSECTIONS.

STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION

PROMULGATED BY THE

P EN STANDARDS
G
REV. 1990, 2009, 2021

CONCRETE PAVEMENT JOINT DETAILS

STANDARD PLAN
134-3
SHEET 1 OF 1

USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION Exhibit 1
i21

INSTALL MANHOLE FRAME PROPOSED GRADE OR
AND COVER (SEE NOTE 1C) TOP OF MANHOLE
1/2" (15 mm)
CLASS "D"
MORTAR

EXISTING I I
MANHOLE �t t
II
L
J
L
12" (300 mm) MIN.
24" (610 mm) MAX.
(SEE NOTE 2A)

TOP OF EXISTING

BRICKWORK

INSTALL MANHOLE FRAME AND
COVER (SEE NOTE 1C)\

EXISTING GRADE OR

TOP OF EXISTING

MANHOLE

REMOVE EXISTING

BRICKWORK TO AN

ELEVATION AT

WHICH INSIDE

DIAMETER OF

EXISTING MANHOLE

IS NOT LESS THAN
30" (750 mm)

RAISING EXISTING BRICK MANHOLES

INSTALL MANHOLE FRAME
EXISTING GRADE OR TOP AND COVER (SEE NOTE 1C)

OF EXISTING MANHOLE

PROPOSED GRADE OR /FT
TOP OF MANHOLE �I I
1 RECONSTRUCT

BRICKWORK,
40" (1 m) MIN.

Il r u
Fro
X
m
w
1-
0 Z
w
w
U)

TOP OF EXISTING BRICKWORK
L

REMOVE EXISTING

BRICKWORK TO AN

ELEVATION AT

WHICH UPPER

PORTION OF

MANHOLE CAN BE

RECONSTRUCTED

ON A TAPER NOT

TO EXCEED TWO

HORIZONTAL TO

FIVE VERTICAL
1/2" (15 mm)

CEMENT,

PLASTER

EXISTING

MANHOLE
D
(SEE NOTE 1B

PROPOSED GRADE OR

TOP OF MANHOLE
E Ew
opz
-
143
�� EXISTING
I

MANHOLE

RAISING EXISTING PRECAST

CONCRETE SEWER MANHOLES

EXISTING GRADE OR TOP OF EXISTING MANHOLE

PROPOSED GRADE OR INSTALL MANHOLE
TOP OF MANHOLE I� �� FRAME AND COVER
v v (SEE NOTE IC)

I I I I
-----71-9
rulIL1}► D 1
(SEE NOTE 1B)IL.TI
I I I
I I I....._ EXISTING

MANHOLE
--.z .o.y. __._ T
I
I II

I-I----T
----H
I I I

LOWERING EXISTING BRICK MANHOLES LOWERING EXISTING PRECAST

CONCRETE SEWER MANHOLES

BRICK MANHOLES PRECAST CONCRETE SEWER MANHOLES

PROMULGATED BY TIE
PUBLIC WORKS STAM OARDS HC.

GRED BOON COMMITTEE
1084
REV. 1998. 2000. 2021

STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION

SEWER MANHOLE ADJUSTMENT

USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION

STANDARD PLAN
205-3
SHEET 1 OF 3
Exhibit 1 328

NOTES:

GENERAL
A. EXCEPT AS INDICATED HEREON OR ON THE PLANS, MANHOLES SHALL CONFORM TO: SPPWC 200, PRECAST CONCRETE SEWER MANHOLE AND SPPWC 203, BRICK SEWER MANHOLE.

B. DIMENSION "D" SHALL BE THE SAME AS THE SIZE OF MANHOLE FRAME AND COVER TO BE USED.

C. THE CONTRACTOR MAY REUSE THE EXISTING MANHOLE FRAME AND COVER, UNLESS

DAMAGED DURING THE WORK OR WHEN OTHERWISE SHOWN IN THE
CONTRACT DOCUMENTS. ITEMS DAMAGED BY THE CONTRACTOR SHALL BE REPLACED WITH IDENTICAL NEW ITEMS AT NO EXPENSE TO THE AGENCY.

D. EXISTING STEPS LOCATED WITHIN REMOVAL LIMITS SHALL BE REPLACED. WHEN

REMOVAL OF EXISTING STEPS BEYOND THE MANHOLE REMOVAL LIMITS IS

SHOWN ON THE PLANS, THE STEPS SHALL BE REMOVED TO A DEPTH OF 2" (50 mm) BEYOND THE INSIDE FACE OF THE BRICK MANHOLE AND THE HOLES SHALL BE FILLED WITH CLASS "D" MORTAR.

Ex

2. RAISING EXISTING BRICK MANHOLES
A. BRICK MANHOLES TO BE RAISED LESS THAN 1' (300 mm) MAY BE EXTEND VERTICALLY, PROVIDED THAT AT A DEPTH OF 2 1/2' (750 mm)

BELOW THE TOP OF THE MANHOLE AT ITS NEW ELEVATION, THE INSIDE DIAMETER OF THE MANHOLE IS 30" (750 mm) OR GREATER.

B. BRICK MANHOLES TO BE RAISED LESS THAN 3 1/2" (90 mm) MAY BE RAISED BY APPLYING CLASS "D" MORTAR TO THE TOP OF THE EXISTING BRICKWORK.

IF THE BRICK MANHOLE IS TO BE RAISED 3 1/2" (90 mm) OR MORE, A

NEW COURSE OR COURSES OF BRICKWORK SHALL BE PLACED ON TOP OF THE EXISTING BRICKWORK.

3. LOWERING EXISTING BRICK MANHOLES
A. WHERE A BRICK MANHOLE IS TO BE LOWERED LESS THAN 1' (300 mm), THE FRAME MAY BE RESET ON THE EXISTING BRICKWORK AND THE 40" (1 m) MINIMUM BRICKWORK RECONSTRUCTION OMITTED, PROVIDED THAT THE

BASE OF THE FRAME DOES NOT OVERHANG THE BRICKWORK ON THE INSIDE SURFACE OF THE MANHOLE MORE THAN AN AVERAGE OF 1 1/2" (35 mm) IN ANY QUADRANT NOR MORE THAN 2°' (50 mm) AT ANY POINT.

4. RAISING EXISTING PRECAST CONCRETE SEWER MANHOLES
A. PRECAST CONCRETE MANHOLES TO BE RAISED LESS THAN 3" (75 mm) MAY BE RAISED BY APPLYING CLASS "D" MORTAR TO THE TOP OF THE EXISTING MANHOLE,

PROVIDED THE TOTAL HEIGHT OF MORTAR, EXISTING AND NEWLY APPLIED, DOES NOT EXCEED 3" (75 mm).

B. WHERE THE PRECAST CONCRETE MANHOLE IS TO BE RAISED 3" (75 mm)

OR MORE, OR WHERE THE TOTAL HEIGHT OF MORTAR, EXISTING AND NEWLY APPLIED, WOULD EXCEED 3" (75 mm), GRADE RINGS SHALL BE UTILIZED.

CLASS "D" MORTAR MAY BE USED FOR FINAL ADJUSTMENT, BUT NOT MORE THAN 3" (75 mm) IN HEIGHT. WHERE RAISING THE MANHOLE WOULD RESULT IN THE UPPER SEGMENT OF THE SHAFT BEING MORE THAN 30" (750 mm)

IN HEIGHT, REMOVE THE REDUCER AND THE UPPER SEGMENT OF THE SHAFT,

INSTALL ADDITIONAL RINGS OR PIPE TO THE LOWER SEGMENT OF THE SHAFT, AND REINSTALL THE REDUCER AND GRADE RINGS AS REQUIRED.

STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION

SEWER MANHOLE ADJUSTMENT
I•jb,t 1 it Q

STANDARD PLAN
205- 3
SHEET 2 OF 3

5. LOWERING EXISTING PRECAST CONCRETE SEWER MANHOLES
A. REMOVE SUFFICIENT GRADE RINGS TO LOWER THE MANHOLES AS REQUIRED, APPLY CLASS "D" MORTAR TO A HEIGHT NOT EXCEEDING 3" (75 mm) FOR ADJUSTMENT TO FINAL GRADE.

B. WHERE REMOVAL OF GRADE RINGS WOULD RESULT IN THE UPPER SEGMENT OF THE SHAFT BEING LESS THAN 12" (300 mm) IN HEIGHT, REMOVE THE REDUCER

AND SUFFICIENT SECTIONS OF THE LOWER SEGMENT OF THE SHAFT AND

REINSTALL ANY NECESSARY SEGMENT OF THE LOWER SHAFT, THE REDUCER, AND THE GRADE RINGS TO CONFORM TO THE REQUIREMENTS OF THIS PLAN.

C. EXISTING GRADE RINGS NEED NOT BE REMOVED IF EXISTNG MORTAR IS REMOVED, AND AT LEAST 1 1/2" (35 mm) OF MORTAR MAY BE PLACED ON TOP OF THE EXISTING GRADE RINGS TO RESEAT THE FRAME.

6. REPLACEMENT OF BRICK REDUCER WITH PRECAST CONCRETE REDUCER AND SHAFT

UNLESS OTHERWISE INDICATED ON THE PLANS, THE CONTRACTOR MAY INSTALL

A PRECAST CONCENTRIC CONCRETE REDUCER, CONCRETE GRADE RINGS, AND CONCRETE PIPE IN LIEU OF RECONSTRUCTING A BRICK REDUCER, PROVIDED:

A. THE MAXIMUM ID OF SEWER PIPE CONNNECTED TO THE MANHOLE DOES NOT EXCEED 8" (200 mm).

B. THE CONTRACTOR SECURES PRIOR APPROVAL FROM THE ENGINEER TO INSTALL THE CONCENTRIC REDUCER ONTO THE MANHOLE SHAFT. THE ENGINEER MAY,

AS PART OF THE INSTALLATION REQUIREMENTS, REQUIRE THE CONTRACTOR

TO COAT THE INSIDE OF THE REDUCER, RINGS, AND PIPE WITH AN APPROVED COATING.

C. THE CONCRETE GRADE RINGS, THE CONCRETE REDUCER, AND ANY CONCRETE PIPE

SHALL BE JOINED TOGETHER AND BEDDED ONTO THE EXISTING BRICK MANHOLE WITH CLASS "D" MORTAR. THE DEPTH, WIDTH, AND THICKNESS OF THE MORTAR

SHALL BE OF SUFFICIENT DIMENSIONS TO PROPERLY AND ADEQUATELY JOIN AND BED THE COMPONENT PARTS.

STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION

SEWER MANHOLE ADJUSTMENT

STANDARD PLAN
205-3
SHEET 3 OF 3
Exhibit 1 _
330 _

RAISING RINGS TO BE MADE OF

STEEL, ASTM DESIGNATION AT

MERCHANT QUALITY

PROPOSED
STREET

SURFACE

EXSTING STREET
SURFACE c�
9/32" ?:*Mrs
HOLE CQUXlER ::
•
3/4"
(19 mm)
3 4"
mm
1/4" (6 mm) 0 FLAT HEAD RAWL
1/4" (6 mm) 0

FLAT HEAD RAWL
9/32" (7 mm) DIA •
HOLE COUNTER •
—
RAWL LENGTH EQUALS D+1 1S/2NK(40 mm) MIN

WELD JOINTS AND GRIND
FLUSH. WELD PENETRA-
TION TO BE 1/8" (3 mm).

STANDARD MANHOLE FRAME PER SPPWC 210

STEEL RAISING RINGS

CAST IRON

RAISING RING

PROPOSED
STREET

SURFACE

VARIABLE

EXISTING STREET

SURFACE
5/8" (16 mm)

STAINLESS STEEL

SOCKETHEAD CONE -

POINTED SETSCREW,
5/8" (16 mm) IINC-
1 (25 mm)

SECTION B -B
<I0

SECTION A -A

CAST IRON RAISING RINGS

STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION

PROMULGATED BY THE
PUBUC WORKS STANDARDS INC.

OREENBOOK COMMITTEE
1984
REV. 1996, 2009

MANHOLE RAISING RINGS
B
A

STANDARD PLAN
206-2
Exhibit 1

USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION 331
SHEET 1 OF 2

NOTES:

1. MACHINE SEATS FROM CAST IRON RINGS.

2. THE CAST IRON USED SHALL CONFORM TO SSPWC 206-3.

3. THE METAL RAISING RINGS MAY BE USED IN LIEU OF THE REGULAR

METHOD OF ADJUSTMENT UTILIZING MORTAR OR BRICK AND MORTAR UNDER THE FOLLOWING CONDITIONS.

A. ONLY ONE ADJUSTMENT WITH RAISING RINGS WILL BE ALLOWED ON ANY MANHOLE.

B. MAXIMUM "D" SHALL BE 3" (75 mm).

Ex
ii

STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION

MANHOLE RAISING RINGS
312

STANDARD PLAN
206-2
SHEET 2 OF 2

APPENDIX "B"

DEPARTMENT OF INDUSTRIAL RELATIONS (DIR)

CONTRACTOR REGISTRATION NUMBER FORM
Exhibit 1 333

Department of Industrial Relations (DIR)
Contractor Registration Number
Beginning July 1, 2014, contractors must register with the Department of Industrial Relations (DIR) before bidding on public works contracts in California. For more information, please refer to this section of the Department of Industrial Relations Website: http://www.diroca.gov/Public-Works/PublicWorks.html .

Per this requirement, provide the following information:

Contractor Name
Contractor Department of Industrial Relations Registration Number:

Expiration Date of Registration Number
*(THIS FORM MUST BE SUBMITTED WITH THE SEALED BID) *
Exhibit 1 334

APPENDIX "C"

TRASH COLLECTION SCHEDULE
Exhibit 1 335

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Collection Days
Monday
Tuesday
Wednesday

APPENDIX "D"

PUBLIC IMPROVEMENT PROJECT SIGNS
Exhibit 1 337

PROJECT SIGN

BOLTED TO FRAME
Q
M
0 N
1/4" CLEAR

PLASTIC COVER

ON SIGN FACE
1/2" BY 8" CARRIAGE
BOLTS (TYP. 6 REQ'D)

SEE PROJECT

SIGN DETAIL FOR

TEXT CONTENT
11' X 4" X 4"
8'X2"X6"
4' X 2" X 6" BRACE
WITH 1/2" X 4" BOLT
/
/
/
/ /
/ /
2" X 6" BOARD

BACK OF POST
2" X 6" BOARD

BACK OF POST
1/2" X 8"
BOLT
2" X 4"
4' X 2" X 6" BRACE
WITH 1/2" X 4" BOLT
USE 4" NAILS TO

ATTACH BASE, LEGS

AND BRACES

PUBLIC IMPROVEMENT SIGN

MOUNTING FRAME

NO SCALE
Exhibit 1
338

1 1
12" 0 SEAL
1 3/4„ 1 y2„
2 3/
4 1"
2 3/ „
4ff
2 3/4"
„
2 „
3/4"
2 3/
4 2 3/4"
1 2 7/8"
1 Y"
1„ s
1 NAME OF THE PROJECT
Is Being Constructed by:
:T)HECITY OF
.

BELL GARDENS
FRANCIS D. SANCHEZ, MAYOR
JORGEL CHAVEZ, p,MAYOR PRO TEN

MARCO BARCENA, COUNCILMEMBER

GABRIELA GOMEZ COUNCILMEMBER

MARIA PULIDO, COUNCILMEMBER
J(
ALIGN. TYP. 17 7/8"

CONTRACTOR
[NAME] [BUSINESS NAME] [BUSINESS PHONE] [EMERGENCY PHONE] 7/8»
2Y"
s
1 y"
2 1 )1"
2 2 �/8„
4"
2 Y"
2 4"
4'-O" SQ. BOARD

SIGN LETTERING DETAIL

NO SCALE
7/8»
„
_x
ii bit
339

LOCATION MAPLOCATION MAP
LEGEND:

PROFESSIONAL ENGINEER'S NOTE:

UNAUTHORIZED CHANGES AND USES:

PROJECT SITE

VICINITY MAP

INDEX OF DRAWINGS
C-1
1 TITLE SHEET

PROJECT UTILITY CONTACTS
Department of Public Works

VARIOUS ALLEYS IMPROVEMENTS PROJECT
C.I.P. NO. 3930
IN
F
R
A
S
T
R
U
C
T
U
R
E
EN
G
I
N
E
E
R
S

VARIOUS ALLEYS IMPROVEMENTS
5 UNDER THE SUPERVISION OF:

DESIGNED BY:

DRAWN BY:

CHECKED BY:DATE:8/14/23
APPROVED BY:INFRASTRUCTURE

ENGINEERS
3060 Saturn Street, Suite 250
Brea, CA 92821
Tel: (714) 940-0100
Fax: (714) 940-0700
www.infrastructure-engineers.com

REVISIONS
J. SANTILLAN
J. SANTILLAN
M. FARAHANI
BENCHMARK:

BASIS OF BEARINGS:

C I V I L
MOHAMMAD JALAL I FARAHANINo. 54235
Exp. 12/31/23REGISTERED PROFESS I ONAL ENGINEER

STATE OF CA L I FORNIA
2 1
3 4
5 6A
7B
2 COUNTY OF LOS ANGELES COUNTY BM PY12054
FOUND LEAD & DPW TAG IN SOUTH CB 1FT EAST OF BCR @ SOUTH EAST CORNER OF FLORENCE AVENUE AND IRA AVENUE.

ELEVATION=122.950 FT

HORIZONTAL CONTROL BASED ON

HORIZONTAL CONTROL NETWORK, CALIFORNIA COORDINATE
SYSTEM, CCS83, ZONE VI.
3 4
1 5
6A
7B
ALLEY N/O FLORENCE AVE. BETWEEN END AND EMIL AVE.

ALLEY N/O FLORENCE AVE. BETWEEN EMIL AVE. & END
ALLEY W/O GARFIELD AVE. BETWEEN MULLER ST. & QUINN ST.

ALLEY W/O GARFIELD AVE. BETWEEN QUINN ST. & END
ALLEY E/O EASTERN AVE. BETWEEN JABONERIA RD. & QUINN ST. (ADDITIVE BID ITEM): ALLEY N/O FLORENCE PL. BETWEEN GRANGER AVE. & ALLEY (ADDITIVE BID ITEM): ALLEY N/O FLORENCE PL. BETWEEN TOLER AVE. & GARFIELD AVE. 340Exhibit 1

IN
F
R
A
S
T
R
U
C
T
U
R
E
EN
G
I
N
E
E
R
S

VARIOUS ALLEYS IMPROVEMENTS
5 UNDER THE SUPERVISION OF:

DESIGNED BY:

DRAWN BY:

CHECKED BY:DATE:8/14/23

CITY OF BELL GARDENSINFRASTRUCTURE

ENGINEERS
3060 Saturn Street, Suite 250
Brea, CA 92821
Tel: (714) 940-0100
Fax: (714) 940-0700
www.infrastructure-engineers.com

REVISIONS
J. SANTILLAN
J. SANTILLAN
M. FARAHANI

C I V I L
MOHAMMAD JALAL I FARAHANINo. 54235
Exp. 12/31/23REGISTERED PROFESS I ONAL ENGINEER

STATE OF CA L I FORNIA
GENERAL CONSTRUCTION NOTES:

PCC WORK AND OTHER RELATED WORK
CONSTRUCTION NOTES:

REMOVALS

PAVEMENT

ADJUSTMENT/RELOCATION
LEGEND:
2 C-2GENERAL NOTES, CONSTRUCTION NOTES,

LEGEND AND ABBREVIATIONS

GENERAL NOTES
SPPWC STANDARD PLANS 2021 EDITION:

LIST OF STANDARD DRAWINGS:

NOTICE TO CONTRACTOR:

NPDES NOTES:LEGEND & ABBREVIATIONS
W
341Exhibit 1

IN
F
R
A
S
T
R
U
C
T
U
R
E
EN
G
I
N
E
E
R
S

VARIOUS ALLEYS IMPROVEMENTS
5 UNDER THE SUPERVISION OF:

DESIGNED BY:

DRAWN BY:

CHECKED BY:DATE:8/14/23

CITY OF BELL GARDENSINFRASTRUCTURE

ENGINEERS
3060 Saturn Street, Suite 250
Brea, CA 92821
Tel: (714) 940-0100
Fax: (714) 940-0700
www.infrastructure-engineers.com

REVISIONS
J. SANTILLAN
J. SANTILLAN
M. FARAHANI

C I V I L
MOHAMMAD JALAL I FARAHANINo. 54235
Exp. 12/31/23REGISTERED PROFESS I ONAL ENGINEER

STATE OF CA L I FORNIA
GENERAL CONSTRUCTION NOTES:

PCC WORK AND OTHER RELATED WORK
CONSTRUCTION NOTES:

REMOVALS

PAVEMENT

ADJUSTMENT/RELOCATION
LEGEND:
3 C-3TYPICAL CROSS SECTIONS AND DETAIL
TYPICAL SECTION - ALLEY 3

REDWOOD HEADER DETAIL
TYPICAL SECTION - ALLEY A6
ADDITIVE "A"
*SIZES AND LOCATIONS AS SHOWN ON PLANS *SIZES AND LOCATIONS AS SHOWN ON PLANS TYPICAL SECTION - ALLEY 1
*SIZES AND LOCATIONS AS SHOWN ON PLANS
TYPICAL SECTION - ALLEY 2
*SIZES AND LOCATIONS AS SHOWN ON PLANS
TYPICAL SECTION - ALLEY 4
*SIZES AND LOCATIONS AS SHOWN ON PLANS
STA 15+88 TO STA 17+84
TYPICAL SECTION - ALLEY 5
*SIZES AND LOCATIONS AS SHOWN ON PLANS
TYPICAL SECTION - ALLEY 7B
ADDITIVE "B"
*SIZES AND LOCATIONS AS SHOWN ON PLANS
PCC RECONSTRUCTION SECTION - ALLEY 4
*SIZES AND LOCATIONS AS SHOWN ON PLANS
STA 15+39 TO STA 15+88
342Exhibit 1

IN
F
R
A
S
T
R
U
C
T
U
R
E
EN
G
I
N
E
E
R
S

VARIOUS ALLEYS IMPROVEMENTS
5 UNDER THE SUPERVISION OF:

DESIGNED BY:

DRAWN BY:

CHECKED BY:DATE:8/14/23

CITY OF BELL GARDENSINFRASTRUCTURE

ENGINEERS
3060 Saturn Street, Suite 250
Brea, CA 92821
Tel: (714) 940-0100
Fax: (714) 940-0700
www.infrastructure-engineers.com

REVISIONS
J. SANTILLAN
J. SANTILLAN
M. FARAHANI

C I V I L
MOHAMMAD JALAL I FARAHANINo. 54235
Exp. 12/31/23REGISTERED PROFESS I ONAL ENGINEER

STATE OF CA L I FORNIA
GENERAL CONSTRUCTION NOTES:

PCC WORK AND OTHER RELATED WORK
CONSTRUCTION NOTES:

REMOVALS

PAVEMENT

ADJUSTMENT/RELOCATION
LEGEND:

EXISTING ELEVATIONS ARE THE PROPOSED ELEVATIONS,
UNLESS OTHERWISE INDICATED.

NOTE:
4 C-4
ALLEY

ALLEY IMPROVEMENT PLAN AND DETAIL
ALLEY
EM
I
L

A
V
E
N
U
E
ALLEY
2 ALLEY N/O FLORENCE AVE. BETWEEN EMIL AVE. & END
ALLEY N/O FLORENCE AVE. BETWEEN EMIL AVE. & END
ALLEY W/O GARFIELD AVE. BETWEEN MULLER ST. & QUINN ST.

ALLEY W/O GARFIELD AVE. BETWEEN QUINN ST & END
ALLEY N/O FLORENCE AVE. BETWEEN END & EMIL AVE.
3 2
1 4
1 ALLEY N/O FLORENCE AVE. BETWEEN END & EMIL AVE.

ALLEY
Q
U
I
N
N

S
T
R
E
E
T
M
U
L
L
E
R

S
T
R
E
E
T
M
A
T
C
H

L
I
N
E

S
T
A

1 5
+
0 0
SE
E

B
E
L
O
W

L
E
F
T
ALLEY W/O GARFIELD AVE. BETWEEN MULLER ST. & QUINN ST.3 ALLEY
Q
U
I
N
N

S
T
R
E
E
T
M
A
T
C
H

L
I
N
E

S
T
A

1 5
+
0 0
SE
E

A
B
O
V
E

R
I
G
H
T
ALLEY W/O GARFIELD AVE. BETWEEN QUINN ST. & END4
343Exhibit 1

IN
F
R
A
S
T
R
U
C
T
U
R
E
EN
G
I
N
E
E
R
S

VARIOUS ALLEYS IMPROVEMENTS
5 UNDER THE SUPERVISION OF:

DESIGNED BY:

DRAWN BY:

CHECKED BY:DATE:8/14/23

CITY OF BELL GARDENSINFRASTRUCTURE

ENGINEERS
3060 Saturn Street, Suite 250
Brea, CA 92821
Tel: (714) 940-0100
Fax: (714) 940-0700
www.infrastructure-engineers.com

REVISIONS
J. SANTILLAN
J. SANTILLAN
M. FARAHANI

C I V I L
MOHAMMAD JALAL I FARAHANINo. 54235
Exp. 12/31/23REGISTERED PROFESS I ONAL ENGINEER

STATE OF CA L I FORNIA
GENERAL CONSTRUCTION NOTES:

PCC WORK AND OTHER RELATED WORK
CONSTRUCTION NOTES:

REMOVALS

PAVEMENT

ADJUSTMENT/RELOCATION
LEGEND:

EXISTING ELEVATIONS ARE THE PROPOSED ELEVATIONS,
UNLESS OTHERWISE INDICATED.

NOTE:
5 C-5ALLEY IMPROVEMENT PLAN
TO
L
E
R

A
V
E
N
U
E
ALLEY
ALLEY N/O FLORENCE PL. BETWEEN TOLER AVE. & GARFIELD AVE.7B ALLEY E/O EASTERN AVE. BETWEEN JABONERIA RD. & QUINN ST. (ADDITIVE BID ITEM):ALLEY N/O FLORENCE PL. BETWEEN GRANGER AVE. & ALLEY (ADDITIVE BID ITEM):ALLEY N/O FLORENCE PL. BETWEEN TOLER AVE. & GARFIELD AVE.7B 6A
5 ALLEY
JA
B
O
N
E
R
I
A

R
O
A
D
ALLEY E/O EASTERN AVE. BETWEEN JABONERIA RD. & QUINN ST.

Q
U
I
N
N

S
T
R
E
E
T
ALLEY
SEE DETAIL "A"
DETAIL "A" HORIZONTAL CONTROL PLAN
5 ALLEY N/O FLORENCE PL. BETWEEN GRANGER AVE. & ALLEY6A G
R
A
N
G
E
R

A
V
E
N
U
E
AL
L
E
Y
ALLEY
ADDITIVE "A"
M
A
T
C
H

L
I
N
E

S
T
A

3 2
+
5 0
SE
E

B
E
L
O
W

L
E
F
T
ALLEY N/O FLORENCE PL. BETWEEN TOLER AVE. & GARFIELD AVE.7B ADDITIVE "B" (CONTINUED)
M
A
T
C
H

L
I
N
E

S
T
A

3 2
+
5 0
SE
E

A
B
O
V
E

R
I
G
H
T
GA
R
F
I
E
L
D

A
V
E
N
U
E
ALLEY
ADDITIVE "B"
344Exhibit 1

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 11.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Bernardo I niguez, Director of Public Works/Facilities SUBJECT: AWARD OF PROFESSIONAL SERVICES FOR ON -CALL GRANT WRITING, GRANT

ADMINISTRATION, PROGRAM MANAGEMENT, LABOR COMPLIANCE, AND

COMMUNITY OUTREACH SERVICES
DATE: September 11, 2023
RECOMMENDATION:

It is staff's recommendation that the City Council adopt the attached Resolution approving a Professional Services Agreement with Advanced Avant -Garde Corporation for On -Call Grant Writing, Grant Administration, Program Management, Labor Compliance, and Community Outreach Services.

BACKGROUND/DISCUSSION:

The City of Bell Gardens ("City") has various types of projects and programs that are funded through various funding sources, including local, state, or federal grants. In order to assist the City with the implementation of these projects and programs, professional services are needed on an "as needed" basis from a qualified consultant specializing in grant writing, grant administration, program management, labor compliance, and community outreach. The services to be provided include, but are not limited to, the following:

Grant Writing
• Researching grant opportunities and preparing grants applications.

Grant Administration
• Serving as the City's liaison on project -related activities, assisting in the preparation of agreements and miscellaneous project -related documents, coordinating with funding agencies on project delivery and preparing funding requests, and attending scheduled project/program development meetings.

Program Management
• Attending project/program meetings, evaluating work performed to determine project's/program's progression and identifying any issues that may result in any delays, tracking grant expenditures, milestones, and reporting deadlines, and ensuring compliance with local, state, and federal requirements.

Labor Compliance
• Providing labor compliance services for construction project activities with reporting as required by local, state, or federal regulations.

Community Outreach
• Providing public relations and community outreach services on City projects/programs.

On August 7, 2023, the Public Works Department released a Request for Proposals for On -Call Grant Writing, 345

Grant Administration, Program Management, Labor Compliance, and Community Outreach Services (RFP). On August 21, 2023, the City issued Addendum No. 1 to the RFP, extending the proposal submittal deadline from August 22, 2023 to August 28, 2023. On August 28, 2023, the City received a total of two proposals.

The two proposals were reviewed and ranked by a panel consisting of City staff, based on the following criteria:
• Demonstrated understanding of the scope of work for supporting City projects/programs and ability to complete the requirements.
• Proven recent experience on relevant projects/programs. • Qualification and experience of the Consultant's project representative and staff. • Familiarity and experience with state and federal procedures. • Familiarity and experience with Caltrans and Metro requirements. • Qualifications and availability of technical personnel.

The table below illustrates the scores for the two proposers:

Advanced Avant -Garde
Corporation
Global Urban Strategies
Rater 1
97 83
Rater 2
95 80
Rater 3
96 55
Average
96 73
Although contracts for professional services need not be awarded to the lowest responsible bidder, cost may be considered as a factor. The table below illustrates a comparison of the hourly rates offered by both firms:

Advanced Avant -Garde Corporation
Classification
Hourly Rate
Program Director
$136
Program Manager
$116
Senior Program
Coordinator
$100
Program Coordinator
$89
Program Assistant
$79
Global Urban Strategies
Classification
Hourly Rate
Principle/Partner
S220
Senior manager
S180
Associate
$100-$130
CONCLUSION:

Based on Advanced Avant -Garde Corporation's proposal rating, its competitive hourly rates, and previous satisfactory performance with the City in providing the requested services, staff is recommending that the City Council award Advanced Avant -Garde Corporation a three-year Professional Services Agreement with an optional two one-year extensions for On -Call Grant Writing, Grant Administration, Program Management, Labor Compliance, and Community Outreach Services for an annual not -to -exceed amount of $60,000.

FISCAL IMPACT:

The annual compensation will be a not -to -exceed amount of $60,000. There is sufficient funding for professional services in the FY 2023/24 budget.

ATTACHMENTS:
346

Exhibit 1 - Resolution No. 2023-72
Exhibit 2 - Professional Services Agreement
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services

RESOLUTION NO. 2023-72

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING A PROFESSIONAL SERVICES

AGREEMENT BY AND BETWEEN THE CITY OF BELL GARDENS AND

ADVANCED AVANT-GARDE CORPORATION, FOR ON -CALL GRANT

WRITING, GRANT ADMINISTRATION, PROGRAM MANAGEMENT,

LABOR COMPLIANCE AND COMMUNITY OUTREACH SERVICES
WHEREAS, the City of Bell Gardens ("City") requires on -call professional services for grant writing, grant administration, program management, labor compliance, and community outreach services for various projects; and
WHEREAS, in accordance with Bell Gardens Municipal Code ("BGMC") Section

3.04.105, on August 7, 2023, the City released a Request for Proposals for On -Call Grant Writing, Grant Administration, Program Management, Labor Compliance and Community Outreach Services ("RFP"); and
WHEREAS, the City received responses from two qualified firms, Advanced Avant -Garde Corporation ("Avant -Garde") and Global Urban Strategies, Inc.; and WHEREAS, after reviewing and scoring the proposals, City staff from the Public Works Department determined that Avant -Garde is qualified to perform the services requested based on its successful track record, expertise and competitive rates; and WHEREAS, the City desires to enter into an agreement with Avant -Garde for on -call professional services for a three-year term with an optional two one-year extensions.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Bell Gardens as follows:

SECTION 1. The City Council of the City of Bell Gardens hereby finds that the above recitals are true and correct and incorporated them herein by this reference.

SECTION 2. The City Council hereby approves a Professional Services Agreement for On -Call Grant Writing, Grant Administration, Program Management, Labor Compliance and Community Outreach Services by and between the City and Avant -Garde, in a form approved by the City Attorney, for an annual not -to -exceed of Sixty Thousand Dollars ($60,000) which shall be consistent with the rate schedule set forth in Avant-Garde's proposal.

SECTION 3. The City Council hereby authorizes the City Manager to execute the agreement along with all documents reasonably necessary to effectuate the intent of this Resolution.

Exhibit 1 348

Resolution No. 2023-72
SECTION 3. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

PASSED, APPROVED, and ADOPTED this 11th day of September, 2023.

THE CITY OF BELL GARDENS
Francis De Leon Sanchez,
Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez
City Attorney
2 of 3
Daisy Gomez
City Clerk
Exhibit 1 349

Resolution No. 2023-72
I, , City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on , and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Daisy Gomez
City Clerk
3 of 3
Exhibit 1 350

2023

PROFESSIONAL SERVICES AGREEMENT
(Engagement: On -Call Grant Writing, Grant Administration, Program Management, Labor Compliance, and Community Outreach Services)
(Parties: Advanced Avant -Garde Corporation and City of Bell Gardens) THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, "Agreement") is made and entered into this day of 2023 (hereinafter, the
"Effective Date") by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "CITY") and ADVANCED AVANT-GARDE CORPORATION (hereinafter, "CONSULTANT"). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or CONSULTANT interchangeably, as appropriate.

RECITALS
WHEREAS, CITY requires on -call grant writing, grant administration, program management, labor compliance, and community outreach professional consulting services; and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, the execution of this Agreement was approved by the Bell Gardens City Council at its Regular Meeting of September 11, 2023.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:

I.

ENGAGEMENT TERMS

1.1 TERM: This Agreement shall have a term of three (3) years commencing from the Effective Date (hereinafter, the "Term"). Nothing in this Section shall operate to prohibit or otherwise restrict the CITY's ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination), below.

The Term of the Agreement may be extended by the CITY subject to its same terms and conditions for a maximum of two (2) one-year extensions, provided the CITY issues written notice of its intent to extend the Term of the Agreement prior to the expiration of the initial Term.

1.2 SCOPE OF WORK:

A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled "City of Bell Gardens Request for Proposals for On -Call Grant Writing, Grant Administration, Program Management, 1 Exhibit 2 351

Labor Compliance, and Community Outreach Services" (hereinafter, "CITY RFP") dated August 7, 2023 and the written proposal of CONSULTANT entitled "Avant Garde City of Bell Gardens On -Call Grant Writing, Grant Administration, Program Management, Labor Compliance, and Community Outreach Services" (hereinafter, the "CONSULTANT PROPOSAL") dated August 22, 2023. The CITY RFP and the CONSULTANT PROPOSAL are attached and incorporated hereto as Exhibit "A" and "B" respectively. The term "Scope of Work" shall be a collective reference to the CITY RFP and the CONSULTANT PROPOSAL. The capitalized term "Work" shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.

1.3 PROSECUTION OF WORK:

A. CONSULTANT shall perform the Work contemplated under this Agreement on an as -needed, as requested basis. Nothing in this Agreement shall be construed to grant CONSULTANT the exclusive right to perform any of the types of services or tasks contemplated under this Agreement nor shall anything in this Agreement be construed to entitle CONSULTANT to the receipt of any sums under this Agreement, except to the extent CITY requests the performance of any Work in the manner described below and such Work is in fact performed and completed by CONSULTANT and accepted by CITY. CITY requests for the performance of specific services or tasks contemplated under this Agreement shall be made in the form of a written work order(s) issued by the City Representative (each such written request hereinafter referred to as a "Work Order"). Each Work Order shall include the following information:

1. A detailed description of the specific services or tasks requested;

2. The location of where the particular services or tasks are to be performed, if applicable;

3. A not -to -exceed budget for performing the services or tasks;

4. A timeline for completing the requested services or tasks;

5. Any other information CITY deems necessary and relevant to the requested services or tasks; and

6. The signature of the City Representative, confirming that the services or tasks have been authorized by the City Representative.

B. CONSULTANT shall perform no Work under this Agreement without a written request from the City Representative, containing the information set forth in Section 1.3 (A), above.
2 Exhibit 2 352

C. Time is of the essence in the performance of Work under this Agreement, and in the absence of a specific schedule or other instructions from the City Representative, CONSULTANT shall begin and complete performance of the Work to completion in a timely and a diligently manner as possible.

1.4 COMPENSATION: CONSULTANT shall perform the Work in accordance with the "Hourly Rate Schedule" (hereinafter, the "FEE SCHEDULE") which is attached and incorporated hereto as Exhibit "C". The foregoing notwithstanding, CONSULTANT's total compensation for the performance of all Work contemplated under this Agreement, will not exceed the annual budgeted aggregate sum of SIXTY THOUSAND DOLLARS ($60,000) (hereinafter, the "Annual Not -to -Exceed Sum") during the prosecution of this Agreement, unless such added expenditure is first approved by the City Council. In the event CONSULTANT's charges are projected to exceed the Annual Not -to -Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT's performance pending CITY approval of any anticipated expenditures in excess of the Annual Not -to -Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.

1.5 PAYMENT OF COMPENSATION: Following the conclusion of the work requested in Section 1.3, CONSULTANT shall submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out- of-pocket expenses incurred. If the amount of CONSULTANT's compensation is a function of hours worked by CONSULTANT's personnel, the invoice should indicate the number of hours worked, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice.

Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.

1.6 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

1.7 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, CONSULTANT will deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this 3 Exhibit 2 353

Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT's cessation or abandonment.

II.

PERFORMANCE OF AGREEMENT

2.1 CITY'S REPRESENTATIVE: The CITY hereby designates Bernardo Iniguez, Director of Public Wors/Facilities (hereinafter, the "City Representative") to act as its representative for the performance of this Agreement. The City Representative or their designee will act on behalf of the CITY for all purposes under this Agreement. CONSULTANT will not accept directions or orders from any person other than the City Representative or their designee.

2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Megan LeNoue, Program Manager, to act as its representative for the performance of this Agreement (hereinafter, "Consultant Representative"). Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or their designee will supervise and direct the performance of the Work, using their best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.

2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:

CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and will be available to CITY staff and the City Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by City Representative or their designees.

2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:

A. CONSULTANT will perform all Work skillfully, competently and to the highest standards of CONSULTANT's profession;
B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY's authorized representative;
C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;
4 Exhibit 2 354

D. CONSULTANT will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONSULTANT shall be liable for all violations of such laws and regulations in connection with Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom; E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
F. All of CONSULTANT's employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. All of CONSULTANT's employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.

The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT's own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT's failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT's employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY's acceptance of any work performed by CONSULTANT or on CONSULTANT's behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT's profession.

2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY's willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this 5 Exhibit 2 355

interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT's duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY's prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.

2.6 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONSULTANT at the request of the CITY.

2.7 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Work will be performed by CONSULTANT or under CONSULTANT's strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT's competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY's confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT's exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due to such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers' compensation insurance and the like.

2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT's officers, employees, agents, contractors, subcontractors or subconsultants is determined by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT's officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.
6 Exhibit 2 356

2.9 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT's compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization.

2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY.

CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.

CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor 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 to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.

III.

INSURANCE

3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following insurance coverage, at its own expense:

A. Commercial General Liability Insurance: CONSULTANT will procure and maintain Commercial General Liability Insurance ("CGL Coverage") as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.

B. Automobile Liability Insurance: CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such 7 Exhibit 2 357

Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.

C. Workers' Compensation Insurance/ Employer's Liability Insurance: A policy of workers' compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.

D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT's profession. Such coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per claim.

3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers as additional insureds.

3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best's Insurance Guide, have an A.M. Best's rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor's rating of no less than BBB according to the latest published edition the Standard & Poor's rating guide. As to Workers' Compensation Insurance/ Employer's Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.

3.4 PRIMACY OF CONSULTANT'S INSURANCE: All policies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers will be in excess of CONSULTANT's insurance and will not contribute with it.

3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT's officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers. 8 Exhibit 2 358

3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY's ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY's financial well-being and, indirectly, the collective well-being of the residents of the CITY.

Accordingly, CONSULTANT warrants, represents and agrees that it will furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on forms provided by the CITY if requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT's commencement of any Work. Upon CITY's written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.

3.7 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, 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 effective upon notice.

3.8 SPECIAL RISKS OR CIRCUMSTANCES. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

IV.

INDEMNIFICATION

4.1 The Parties agree that CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the "City Indemnitees") should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT's commitment to indemnify, defend and protect CITY as set forth herein.

Notwithstanding the foregoing, to the extent CONSULTANT's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.

CONSULTANT's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.
9 Exhibit 2 359

4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the City Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.

4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT's failure to either pay CITY promptly for any costs associated with CONSULTANT's obligations to indemnify the City Indemnitees under this Article, or related to CONSULTANT's failure to either (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers' compensation laws.

4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers' compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY's elected and appointed officials, officers, employees, agents, and volunteers.

4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY's elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT's subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice.

4.6 CITY does not, and shall not waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.

4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
10 Exhibit 2 360

V.

TERMINATION

5.1 TERMINATION WITHOUT CAUSE: CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY's intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination.

CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1, below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work.

CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY's written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY's ability to terminate this Agreement for convenience as provided under this Section.

5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:

A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2B and 5.2C, below, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

B. CONSULTANT will cure the Event of Default within the following time periods:

Within ten (10) business days of CITY's issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY's employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY's employees or agents under this Agreement.

Prior to the expiration of the 10 -day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default 11 Exhibit 2 361

upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10 -day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.i. that exceeds seven (7) calendar days from the end of the initial 10 -day cure period; or ii. Within fourteen (14) calendar days of CITY's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14 -day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14 -day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14 -day cure period.

In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT's refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT's and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY's discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.

C. CITY will cure any Event of Default asserted by CONSULTANT within forty- five (45) calendar days of CONSULTANT's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45 -day cure period. Prior to the expiration of the 45 -day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45 -day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY's failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT's Default Notice to CITY.

D. CITY, in its sole and absolute discretion, may also immediately suspend 12 Exhibit 2 362

CONSULTANT's performance under this Agreement pending
CONSULTANT's cure of any Event of Default by giving CONSULTANT written notice of CITY's intent to suspend CONSULTANT's performance (hereinafter, a "Suspension Notice"). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY's ability to suspend this Agreement as provided herein.

E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach.

No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.

F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:

Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT's breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.

CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY's exercise of its remedies under this Agreement.

G. In the event CITY is in breach of this Agreement, CONSULTANT's sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.

5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other 13 Exhibit 2 363

covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.

5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.

VI.

MISCELLANEOUS PROVISIONS

6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term "Documents and Data" means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.

6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY's name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.

6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.
14 Exhibit 2 364

6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:

CONSULTANT:

Advanced Avant -Garde Corporation
807 S. Lemon Avenue
Diamond Bar, CA 91789
Attn: Megan LeNoue, Program Manager
Phone: 909-895-7146
CITY:

City of Bell Gardens
7100 S. Garfield Avenue
Attn: Director of Public
Works/Facilities
Phone: 562-806-7700
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.

6.5 COOPERATION; FURTHER ACTS: The Parties will fully cooperate with one another, and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.

6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.

6.7 CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.

6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
15 Exhibit 2 365

6.10 GOVERNING LAW AND VENUE: This Agreement will be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, will in the Central District of California located in the City of Los Angeles, California.

6.11 ATTORNEYS' FEES: If either Party commences an action against the other Party, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys' fees and all other costs of such action.

6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.

6.13 NO THIRD -PARTY BENEFIT: There are no intended third -party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.

6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.

6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.

6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.

6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.

6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into 16 Exhibit 2 366

between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section

6.16, above.

6.20 FORCE MAJEURE: The Term shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to 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 three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative 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 City Representative such delay is justified. The City Representative'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.

6.21 COUNTERPARTS: This Agreement will be executed in three (3) original counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section

6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and the remaining two original counterparts will be retained by CITY.
(SIGNATURES ON NEXT PAGE)
17 Exhibit 2 367

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.

CITY OF BELL GARDENS: ADVANCED AVANT-GARDE
CORPORATION:

By: By:

Name: Name:

Title: Title:

Date: Date:

APPROVED AS TO FORM:

By:

Stephanie Vasquez, City Attorney
18 Exhibit 2 368

EXHIBIT "A"

CITY RFP
19 Exhibit 2 369

CITY OF BELL GARDENS

REQUEST FOR PROPOSALS
FOR

ON -CALL GRANT WRITING, GRANT ADMINISTRATION, PROGRAM

MANAGEMENT, LABOR COMPLIANCE, AND COMMUNITY OUTREACH

SERVICES
RFP Release Date: August 7, 2023
Proposal Due By: 12:00 P.M., August 22, 2023
Exhibit 2
1 sf

NOTICE OF REQUEST FOR PROPOSALS FOR ON -CALL PROFESSIONAL

SERVICES FOR GRANT WRITING, GRANT ADMINISTRATION, PROGRAM

MANAGEMENT, LABOR COMPLIANCE, AND COMMUNITY OUTREACH

SERVICES
I. INVITATION
The City of Bell Gardens is soliciting submittals of proposals from qualified firms for on -call professional services for grant writing, grant administration, program management, labor compliance, and community outreach services for various projects within the City of Bell Gardens. The term of the on -call professional services agreement (PSA) will be for three years with up to two optional one-year extensions. In the preparation of this Request for Proposals (RFP) the words "Bidder," "Contractor," "Vendor," "Firm," "Company," "Proposer," and "Consultant" are used interchangeably. Proposals must include all of the services listed in Section IV. (Scope of Services).

Proposers are urged to submit concise proposals, appropriate to the scale of the requested services, and include only items that are relevant to these specific services.

The City of Bell Gardens (City) reserves the right to reject any or all responses received as a result of this solicitation; to extend the proposal submittal due date; to modify, amend, reissue or rewrite this RFP; and to procure any or all services by other means. The City will not be liable for any costs incurred by the Proposers in the preparation of proposals or for developing and carrying out interview presentations, if needed. Submission of a proposal indicates acceptance by the Consultant of the conditions contained in this RFP unless clearly and specifically noted in the proposal submitted and confirmed in the PSA between the City and the selected Consultant.

Sealed proposals must be received by the Office of the City Clerk, City of Bell Gardens, 7100 Garfield Avenue, Bell Gardens, CA 90201, no later than: Tuesday, August 22, 2023, at 12:00 p.m. Proposals received after the time and date indicated above will be deemed nonresponsive and returned unopened. Consultants must include four (4) hard copies of the Scope Proposal, one (1) hard copy of the Fee Proposal, and one (1) PDF file on PC compatible USB drive for each Scope and Fee (in their respective labeled envelopes).

II. GENERAL DESCRIPTION OF SERVICES
The City has various active Capital Improvement Program (CIP) projects and non-CIP projects and/or programs funded by City general funds, state or federal funds. The services requested include supporting those active projects/programs and upcoming/new projects/programs, by providing as needed services for grant writing, grant administration, community outreach, and labor compliance activities.

I I I . CONTRACT
Exhibit 2

The selected Consultant shall be required to enter into the City's standard PSA (Attachment B). The City's standard insurance requirements are included within the PSA. Before any services can commence, the selected Firm will be required to execute an agreement substantially similar to the standard PSA.

To facilitate the smooth and timely implementation of the requested services, Firms responding to this RFP must review all the terms and conditions of the standard PSA, which is considered to the Standard Form of Agreement, including, but not limited to, provisions relating to insurance, indemnification, and termination. By submitting a proposal to the City in response to this RFP, each Proposer is deemed to have provided its approval to the standard PSA. Any requested modifications to the standard PSA may be weighed in the evaluation of the proposal and may cause rejection of the proposal as non -responsive, in the sole determination of the City.

Proposers must also complete and submit with their proposal a signed copy of the Standard Agreement Acknowledgement (Attachment A). All Consultants that respond to the RFP shall assume that the execution of the standard PSA, without changes, will be a required condition.

IV. SCOPE OF SERVICES
The successful Consultant will provide the following services on an on -call basis:

A. GRANT WRITING

1. Conduct grant research to identify grant resources that support the City's funding needs and priorities; provide staff with a summary of grant funding opportunities available with eligibility, application submittal deadlines, applicability on current or proposed public works, utility, stormwater or parks projects.

2. Prepare grant applications and all required submittals and obtain all letter(s) of support as needed for available federal, state, regional, local and other grant funding opportunities.

B. GRANT ADMINISTRATION

1. Serve as the City liaison on project/program related activities.

2. Assist in the preparation of agreements and miscellaneous project/program-related documents.

3. Coordinate with funding agencies on project/program delivery and prepare funding requests.

4. Coordinate with the City Attorney's Office for preparation of agreements.

5. Prepare agenda reports and/or presentations for City Council meetings as needed.

6. Coordination for programming and preparation of funding requests as needed.

Exhibit 2

7. Prepare all quarterly, annual and progress reports (e.g., MTA, Caltrans, etc) as needed.

8. Coordinate with the City's engineering team and/or other technical services team as needed.

9. Attend scheduled project/program development team meetings.

10. Provide support for community relations and preparation of informational materials.

11. Prepare miscellaneous reports and assist City staff as needed.

C. PROGRAM MANAGEMENT

1. Attend project/program kick-off meetings, pre -construction meetings, team meetings, progress meeting, and any other meeting(s) as requested by the City; and serve as City liaison on project -related activities.

2. Assist the City in procuring technical consultants as needed.

3. Evaluate work performed to determine project's/program's progression and identify any issues that may result in any delays. Ensure project/program stays within outlined timeline. Keep City abreast of project's/program's development and findings.

4. Track grant expenditures, milestones, and reporting deadlines.

5. Prepare and provide reports and monitoring for Federal, State, and Local Obligations, E-76 approvals and California Transportation Commission (CTC) submittals, semi-annual invoicing for Federal projects, etc.

6. Identify potential funding sources for future project/program implementation.

Establish a funding tracking system to monitor funding commitments.

7. Assist staff prepare and submit annual expenditure report to SB1 Local Street and Roads Program.

8. Ensure compliance with federal and state requirements and provide necessary documentation or reports.

D. LABOR COMPLIANCE

1. Provide labor compliance services for construction project activities with reporting as required by federal, state, or county regulations as needed.

2. Review certified payroll and conduct on -site interviews as required.

Exhibit 2

3. Prepare final reporting documents in a format in accordance with granting agency requirements.

4. Assist the City in preparing for any project audits.

5. Attend audits in support of staff and ensure that the proper documents are available.

E. COMMUNITY OUTREACH
Provide public relations and community outreach services on capital improvement and other City projects or programs including developing a community involvement strategy, facilitating outreach meetings, preparing and distributing bilingual outreach materials including mailing pieces, surveys, interviews, and creating and preparing content for project/program specific web sites.

V. SELECTION CRITERIA
The City intends to select the most qualified Consultant available that demonstrates a thorough understanding of the City's needs and the ability to deliver the services in a reasonable timeframe and for a reasonable fee. It is imperative the Consultant's proposal fully addresses all aspects of the RFP. The proposal must clearly articulate the Consultant's understanding of the requested services and the City's specific requirements. The City intends to rank the Consultants based on the following factors:

A. Understanding of the work to be performed: Demonstrated understanding of the scope of work for supporting City projects/programs and ability to complete the project/program requirements. (20 points)
B. Experience with Similar Types of Work: Proven recent experience on relevant projects/programs. Include description of work performed for local government clients.

Provide reference contact telephone numbers and project addresses. (20 points) C. Quality of Staff for Work: Qualification and experience of the Consultant's project representative and staff that will be assigned to City projects/programs. (15 points) D. Familiarity and experience with state and federal procedures. (15 points) E. Familiarity and experience with Caltrans and Metro requirements. (15 points) F. Demonstrated Technical Ability: Qualifications and availability of technical personnel. (15 points)
The City will negotiate an agreement with the most qualified Consultant. If negotiations with such Consultant are unsuccessful, the City will negotiate with the second most qualified Firm. The selection process will be completed once an agreement is Exhibit 2
5tlf

executed. When the City has reached an agreement with a Consultant, all Firms submitting a proposal will be notified of the results in writing. The determination of the most qualified consultant shall be on the basis of demonstrated competence and qualifications for the type of services required. The fee proposal will remain confidential in the initial selection process and will not be used as the sole determining factor in Consultant selection, but will be one determining factor if more than one Firm is deemed qualified to perform the requested services.

The evaluation panel may, if it deems necessary, select certain Proposers for oral interviews and/or presentations. Interviews apply only to the top finalist(s), as determined by the evaluation panel. The oral interviews will allow finalists to demonstrate their understanding of the project objectives and to articulate their capability to meet or exceed the requirements of this RFP.

The City reserves the right to withdraw the RFP at any time without prior notice. The City makes no representations that any agreement will be awarded to any Consultant responding to this RFP. The City reserves the right to extend the deadline for proposals, postpone reviewing the proposals for its own convenience, reject any and all proposals without indicating any reasons for such rejection(s), and negotiate with any qualified consultant. The City does not guarantee successful Firms will be provided any projects/programs.

The successful Consultant is required to obtain and maintain a City business license and insurance. The license and insurance must be maintained for the entire duration of the agreement. A current business license is not a prerequisite for submittal of the proposal.

The City is not liable for any costs incurred by the Proposers before entering into a formal agreement. Costs for developing the proposal or any other such expenses incurred by the Proposer in responding to this RFP are entirely the responsibility of the Proposer and will not be reimbursed by the City. The City is not responsible for proposals which are delinquent, lost, incorrectly marked, sent to the wrong address, or sent by mail or courier service and not signed for by the City.

The City does not guarantee that execution of a contract between the City and Consultant will result in award of work to the Consultant; only that the Consultant will be considered for work and, if to the benefit of the City, work may be awarded. Services will be requested on as -needed basis, dependent on the City's needs.

There is no Disadvantage Business Enterprise (DBE) participation goal for this contract.

However, DBEs and other small businesses are strongly encouraged to participate in the performance of Contracts financed in whole or in part by federal funds. Consultants and their subconsultants, if any, shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of this contract agreement.

To facilitate the RFP process, Proposers are encouraged to monitor the City's web page to view the RFP and addenda, if any, at https://www.bellgardens.org/i-want-to/view-bids- rfps/rfps-and-bids. No oral interpretations will be made by the City to any Proposer as to Exhibit 2
6 sf4

the meaning of requirements identified herein, including the Scope of Services and Terms and Conditions.

VI. CONSULTANT SELECTION SCHEDULE The following schedule has been established for conducting this Consultant selection process. The City reserves the right; however, to modify this schedule at any time:

Approximate Dates and Task
August 7, 2023 - Release of Request for Proposals
August 15, 2023 - Questions due to the City by 4:OOPM
August 22, 2023 - Proposals due by 12:OOPM
August 22-23, 2023 - City to review and rank proposals
August 24, 2023 - City to interview Consultants, if necessary August 28, 2023 — Council award of Consultant Contract
VIII. CONSULTANT'S PROPOSAL
The selected Consultant's proposal must include, as a minimum, the following:

A. A statement that the Consultant's proposal will be incorporated in its entirety as a part of the selected Consultant's contract, and will jointly become part of the "Agreement for Professional Services," if said Agreement is fully executed by the Consultant and the City.

B. A designated Project/Program Representative as a single individual with specific experience and expertise in the contracted services. The Project/Program Representative will be the primary liaison between the City and the Consultant.

Consultant must provide references and experiences for the proposed Project/Program Representative. The identified Project/Program Representative is to remain as the primary contact for the duration of the contract unless otherwise requested by the City or requested by the Consultant with prior written approval by the City.

C. Firm qualifications and listing of proposed staff/subconsultants. Resumes must be provided and they must include the names, qualifications, and proposed duties of the Consultant's proposed staff (and/or subconsultants) to be assigned to these on -call professional services. Consultant may substitute other staff of at least equal experience and competence, with prior written approval by the City.

D. A listing of recently completed projects for similar services provided to other local government agencies. Information shall include the clients' names, titles, addresses, and telephone numbers for the City to contact to conduct reference checks.

E. Proposal shall be limited to a maximum of forty (40) total pages.

F. Submit a fee schedule in a separate sealed envelope, with firm name clearly labeled on outside of the envelope. The fee schedule shall include all hourly rates and reimbursable expenses including, but not limited to, hourly rates for all staff providing Exhibit 2

the scope of services listed in the RFP, along with reimbursable expenses. The rates are to remain firm throughout the duration of the contract.

Questions regarding the information contained in the RFP document must be submitted by email and addressed to:

Bernardo lniguez, Director of Public Works/Facilities
biniguez(c bellgardens.orq
All questions must be received by 4:00 p.m. on August 15, 2023. Questions will be responded to in writing and posted on the City's web page at htt s:// www.bell ardens.or /i-want-to/view-bids-rf s/rf s -and -bids. Anonymity of the source of specific written questions will be maintained in the written responses. A response to request for information and/or addendum to the RFP will be issued, if necessary. Telephone requests for information or inquiries will not be allowed. The intent behind this requirement is to ensure that Consultants have available to them the same information and that no inconsistent, incomplete, or incorrect information is communicated to any Proposer. Proposers may not rely on any oral interpretations given by any City employee and may only rely upon officially issued, written addenda or response to request for information. If any changes or updates to the RFP are made, they will be posted on the City's web page at https://www,bellgardens.orq/i-want-to/view- bids-rfps/rfps-and-bids.

Exhibit 2
8 s

ATTACHMENT A

ACKNOWLEDGEMENT OF CITY'S STANDARD FORM OF AGREEMENT
I, the undersigned, certify that I, [insert name] am the [insert title] of [insert firm],
the party making the proposal for award of an agreement for ON -CALL GRANT WRITING,

GRANT ADMINISTRATION, PROGRAM MANAGEMENT, LABOR COMPLIANCE, AND COMMUNITY OUTREACH SERVICES ("Proposer") and, on behalf of the Proposer, hereby:

Accept City's Standard Form of Agreement — check one box. ▪ As is, without qualifications or modifications.
▪ As modified by attachment. [Proposer to provide]
I certify that I am authorized to sign this Consent Form on behalf of the Proposer.

Executed this day of , 2023 at
California. Signature of Officer Printed/Typed Name of
Officer Title of Officer
Exhibit 2
9 SIMI

ATTACHMENT B

PROFESSIONAL SERVICES AGREEMENT
Exhibit 2
1O .§4

2023

PROFESSIONAL SERVICES AGREEMENT
(Engagement: On -Call Professional Services For Grant Writing, Grant Administration, Program Management, Labor Compliance, and Community Outreach Services) (Parties: City of Bell Gardens and INSERT CONSULTANT NAME) THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, "Agreement") is made and entered into this day of 2023 (hereinafter, the
"Effective Date") by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "CITY") and INSERT CONSULTANT NAME (hereinafter, "CONSULTANT").

For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or CONSULTANT interchangeably, as appropriate.

RECITALS
WHEREAS, CITY requires professional consulting services for on -call grant writing, grant administration, program management, labor compliance, and community outreach services; and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, the execution of this Agreement was approved by the Bell Gardens City Council at its Regular Meeting.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:

I.

ENGAGEMENT TERMS

1.1 TERM: This Agreement shall have a term commencing from the Effective Date through INSERT DATE (hereinafter, the "Term"). The Agreement may be renewed for up to two (2) additional one-year (1 -year) terms. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY's ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination), below.

1.2 SCOPE OF WORK:

A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled "Request For Proposals for On -Call Exhibit 2
11s6e4

Professional Services for Grant Writing, Grant Administration, Program Management, Labor Compliance, and Community Outreach Services" (hereinafter, "CITY RFP") and the written proposal of CONSULTANT entitled "INSERT TITLE OF PROPOSAL" (hereinafter, the "CONSULTANT PROPOSAL") dated INSERT DATE OF PROPOSAL. The CITY RFP and the CONSULTANT PROPOSAL are attached and incorporated hereto as Exhibit "A" and "B" respectively. The term "Scope of Work" shall be a collective reference to the CITY RFP and the CONSULTANT PROPOSAL.

The capitalized term "Work" shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.

1.3 PROSECUTION OF WORK:

A. CONSULTANT shall perform Work continuously and with due diligence so as to complete the Work within the Term of this Agreement; B. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents; C. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner; D. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT's employees; and
E. CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.

1.4 COMPENSATION: CONSULTANT shall perform the Work in accordance with "INSERT TITLE OF COMPENSATION DOCUMENT" (hereinafter, the "COMPENSATION RATE"). The foregoing notwithstanding, CONSULTANT's total compensation for the performance of all Work contemplated under this Exhibit 2
1231i4

Agreement, will not exceed the total budgeted aggregate sum of INSERT WRITTEN AMOUNT ($INSERT NUMBER) (hereinafter, the "Not -to -Exceed Sum") during the prosecution of this Agreement, unless such added expenditure is first approved by the City Council. In the event CONSULTANT's charges are projected to exceed the Not -to -Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT's performance pending CITY approval of any anticipated expenditures in excess of the Not -to -Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.

1.5 PAYMENT OF COMPENSATION: Following the conclusion of the work requested in Section 1.1, CONSULTANT shall submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out- of-pocket expenses incurred. If the amount of CONSULTANT's compensation is a function of hours worked by CONSULTANT's personnel, the invoice should indicate the number of hours worked, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice.

Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.

1.6 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

1.7 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, CONSULTANT will deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT's cessation or abandonment.

Exhibit 2
13s�4

II.

PERFORMANCE OF AGREEMENT

2.1 CITY'S REPRESENTATIVE: The CITY hereby designates INSERT CITY REPRESENTATIVE (hereinafter, the "City Representative") to act as its representative for the performance of this Agreement. The City Representative or their designee will act on behalf of the CITY for all purposes under this Agreement.

CONSULTANT will not accept directions or orders from any person other than the City Representative or their designee.

2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates INSERT CONSULTANT REPRESENTATIVE, to act as its representative for the performance of this Agreement (hereinafter, "Consultant Representative").

Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or their designee will supervise and direct the performance of the Work, using their best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.

2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:

CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and will be available to CITY staff and the City Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by City Representative or their designees.

2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:

A. CONSULTANT will perform all Work skillfully, competently and to the highest standards of CONSULTANT's profession;
B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY's authorized representative;
C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;
Exhibit 2
141M4

CONSULTANT will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONSULTANT shall be liable for all violations of such laws and regulations in connection with Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom; E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
F. All of CONSULTANT's employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. All of CONSULTANT's employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.

The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT's own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT's failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT's employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY's acceptance of any work performed by CONSULTANT or on CONSULTANT's behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT's profession.

Exhibit 2
15A44

2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY's willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT's duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY's prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.

2.6 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONSULTANT at the request of the CITY.

2.7 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Work will be performed by CONSULTANT or under CONSULTANT's strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT's competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY's confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT's exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due to such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers' compensation insurance and the like.

Exhibit 2
16A�4

2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT's officers, employees, agents, contractors, subcontractors or subconsultants is determined by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT's officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.

2.9 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT's compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization.

2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY.

CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.

CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor 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 to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.

III.

INSURANCE

3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following insurance Exhibit 2
17s684

coverage, at its own expense:

A. Commercial General Liability Insurance: CONSULTANT will procure and maintain Commercial General Liability Insurance ("CGL Coverage") as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.

B. Automobile Liability Insurance: CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.

C. Workers' Compensation Insurance/ Employer's Liability Insurance: A policy of workers' compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.

Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT's profession. Such coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per claim.

3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers as additional insureds.

3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best's Insurance Guide, have an A.M. Best's rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor's rating of no less than BBB Exhibit 2
18s6'�4

according to the latest published edition the Standard & Poor's rating guide. As to Workers' Compensation Insurance/ Employer's Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.

3.4 PRIMACY OF CONSULTANT'S INSURANCE: All policies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers will be in excess of CONSULTANT's insurance and will not contribute with it.

3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT's officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.

3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY's ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY's financial well-being and, indirectly, the collective well-being of the residents of the CITY.

Accordingly, CONSULTANT warrants, represents and agrees that it will furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on forms provided by the CITY if requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT's commencement of any Work. Upon CITY's written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.

3.7 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, 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 effective upon notice.

3.8 SPECIAL RISKS OR CIRCUMSTANCES. CITY reserves the right to modify these Exhibit 2
19Ag4

requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

IV.

INDEMNIFICATION

4.1 The Parties agree that CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the "City Indemnitees") should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT's commitment to indemnify, defend and protect CITY as set forth herein.

Notwithstanding the foregoing, to the extent CONSULTANT's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.

CONSULTANT's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.

4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the City Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.

4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT's failure to either pay CITY promptly for any costs associated with CONSULTANT's obligations to indemnify the City Indemnitees under this Article, or related to CONSULTANT's failure to either (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers' compensation laws.

4.4 The obligations of CONSULTANT under this Article will not be limited by the Exhibit 2
2O 4

provisions of any workers' compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY's elected and appointed officials, officers, employees, agents, and volunteers.

4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY's elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT's subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice.

4.6 CITY does not, and shall not waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.

4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.

4.8 WORK OF ALL OTHER PERSONS/NON-DESIGN PROFESSIONALS: Except as otherwise provided under Section 4.2 of this Article, above, to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless the City Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature to the extent caused by CONSULTANT's negligent performance under this Agreement, including but not limited to the negligent acts, errors or omissions of CONSULTANT or CONSULTANT's officers, employees, agents, servants, contractors, subcontractors or subconsultants or the failure of the same to comply with any of the duties, obligations or standards of care set forth herein. The duty to indemnify, Exhibit 2
21s6e4

defend and hold harmless under this subsection shall not encompass a duty to indemnity, defend or hold harmless for liability, loss, suit, damage, expense, or cost caused by the negligence or willful misconduct of any or all of the City Indemnitees. The duty to indemnify, defend and hold harmless as set forth under this subsection is intended to encompass liabilities, losses, damages, expense and costs not otherwise subject to subsection 4.2, above.

4.9 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, CITY shall have the right to offset against the amount of any compensation due CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of CONSULTANT's failure to pay CITY promptly any indemnification arising under this Article and related to CONSULTANT's failure to either: (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers' compensation laws.

4.10 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, the obligations of CONSULTANT under this Article will not be limited by the provisions of any workers' compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY's elected and appointed officials, officers, employees, agents and authorized volunteers.

4.11 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY's elected and appointed officials, officers, employees, agents and authorized volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT's subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice.

4.12 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, CITY does not, and shall not, waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

4.13 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, the Exhibit 2
22s6i4

duties to indemnify, defend and hold harmless as set forth under this Section, shall survive the early termination or normal expiration of this Agreement and shall be in addition to any other rights or remedies which the CITY may have at law or in equity.

V.

TERMINATION

5.1 TERMINATION WITHOUT CAUSE: CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY's intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination.

CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1, below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work.

CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY's written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY's ability to terminate this Agreement for convenience as provided under this Section.

5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:

A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2B and 5.2C, below, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

Exhibit 2
23604

B. CONSULTANT will cure the Event of Default within the following time periods:
i. Within ten (10) business days of CITY's issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY's employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY's employees or agents under this Agreement.

Prior to the expiration of the 10 -day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10 -day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.i. that exceeds seven (7) calendar days from the end of the initial 10 -day cure period; or ii Within fourteen (14) calendar days of CITY's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14 -day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14 -day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14 -day cure period.

In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT's refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT's and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY's discovery that a statement representation or warranty by Exhibit 2
241M4

CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.

C. CITY will cure any Event of Default asserted by CONSULTANT within forty- five (45) calendar days of CONSULTANT's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45 -day cure period. Prior to the expiration of the 45 -day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45 -day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY's failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT's Default Notice to CITY.

D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT's performance under this Agreement pending
CONSULTANT's cure of any Event of Default by giving CONSULTANT written notice of CITY's intent to suspend CONSULTANT's performance (hereinafter, a "Suspension Notice"). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY's ability to suspend this Agreement as provided herein.

E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach.

No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.

F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
Exhibit 2
25s644

ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT's breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.

CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY's exercise of its remedies under this Agreement.

G. In the event CITY is in breach of this Agreement, CONSULTANT's sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.

5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.

5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.

VI.

MISCELLANEOUS PROVISIONS

6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term "Documents and Data" means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, Exhibit 2
26g�4

schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.

6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY's name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.

6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.

6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:

CONSULTANT: CITY:

INSERT CONSULTANT NAME City of Bell Gardens
INSERT ADDRESS 7100 S. Garfield Avenue
Attn: INSERT DEPARTMENT
Attn: INSERT PERSON OF Phone: 562-806-7700
Exhibit 2
27s684

CONTACT NAME
Phone: INSERT PHONE NUMBER
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.

6.5 COOPERATION; FURTHER ACTS: The Parties will fully cooperate with one another, and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.

6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.

6.7 CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.

6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.

6.10 GOVERNING LAW AND VENUE: This Agreement will be interpreted and Exhibit 2
28 '4

governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, will in the Central District of California located in the City of Los Angeles, California.

6.11 ATTORNEYS' FEES: If either Party commences an action against the other Party, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys' fees and all other costs of such action.

6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.

6.13 NO THIRD -PARTY BENEFIT: There are no intended third -party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.

6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.

6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.

6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.

6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits Exhibit 2
29s6g4

attached hereto, the provisions of this Agreement will control.

6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section

6.16, above.

6.20 FORCE MAJEURE: The Term shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to 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 three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative 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 City Representative such delay is justified. The City Representative'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.

6.21 COUNTERPARTS: This Agreement will be executed in three (3) original counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section

6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and the remaining two original counterparts will be retained by CITY.
(SIGNATURES ON NEXT PAGE)
Exhibit 2
30g§4

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.

CITY OF BELL GARDENS: CONSULTANT NAME:

By: By:

Name: Name:

Title: Title:

Date: Date:

APPROVED AS TO FORM:

By:

Stephanie Vasquez, City Attorney
Exhibit 2
31 64

EXHIBIT "A"

CITY RFP
Exhibit 2
324)(5i4

ITY F BELL. G R©E S

PUBLIC WORKS DEPARTMENT
8327 GARFIELD AVENUE 0 BELL GARDENS, CALIFORNIA 90201-61, (562) 806-7770 FAX (562) 806-7789 • WWW.BELLGARDENS.ORG

REQUEST FOR PROPOSALS
FOR

ON -CALL GRANT WRITING, GRANT ADMINISTRATION, PROGRAM

MANAGEMENT, LABOR COMPLIANCE, AND COMMUNITY OUTREACH

SERVICES
ADDENDUM NO. 1
August 21, 2023
This addendum is being issued for the REQUEST FOR PROPOSALS FOR ON -CALL

GRANT WRITING, GRANT ADMINISTRATION, PROGRAM MANAGEMENT, LABOR

COMPLIANCE, AND COMMUNITY OUTREACH SERVICES
Submit a proposal for these services with the full understanding and full consideration of this addendum.

The addendum is being issued to make the following change:
• The Proposal submittal deadline is extended from 12:00 P.M. on Tuesday, August 22, 2023 to 12:00 P.M. on Monday, August 28, 2023. • The approximate dates in Section VI. (Consultant Selection Schedule) are revised as follows:
o August 28, 2023 - Proposals due by 12:00PM
o August 29-31, 2023 - City to review and rank proposals o September 4, 2023 - City to interview Consultants, if necessary o September 11, 2023 — Council award of Consultant Contract To be considered, sealed proposals must be received by the Office of the City Clerk, City of Bell Gardens, 7100 Garfield Avenue, Bell Gardens, CA 90201 by the aforementioned deadline. Postmarks will not be accepted. Failure of, or disturbances in any mail service is not a legitimate reason for proposals submitted after the above due date. Electronic mail or facsimiles will not be accepted. e�ly,
Bernardo tniguez
Director of Public Works/Facilities
Exhibit 2

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