CITY OF BELL GARDENS
CITY COUNCIL / SUCCESSOR AGENCY TO THE COMMUNITY
DEVELOPMENT COMMISSION
JOINT MEETING
MONDAY, APRIL 22, 2024, 6:00 PM
AGENDA
LOCATION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL GARDENS, CA 90201 The meeting will be held at Bell Gardens City Hall in the Council Chambers. The public may attend the meeting in-person or virtually as instructed below. You may view the meeting live on the City's website at
https://www.bellgardens.org/i-want-to/watch-city-council-meetings .
ACCESSIBILITY:
If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk's office by telephone at 562-806-7704 or via email to
[email protected]
no later than 72-hours before a regular meeting or 24-hours before a special meeting.
PUBLIC PARTICIPATION:
For Regular Meetings, the public may address the City Council / Agency Members on any item listed on the Regular Meeting Agenda and matters which are not listed on the agenda but are within the subject matter jurisdiction of the City Council / Successor Agency. Public comments for non-agenda items will be limited to a total of 30 minutes. For Special Meetings, the public may only speak on items listed on the agenda. Public comments are limited to three (3) minutes per person for each designated public comment period(s). Public comments can be made by any of the following ways:
IN-PERSON:
Members of the public can provide in-person comments at the podium in the Council Chamber. The Council Chambers will have seating available for members of the public to attend the meeting in person, subject to capacity limits. Public comments are limited to three (3) minutes for each designated public comment period(s) per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the City Council / Agency Members should do so by submitting a "Public Comment Card" card by 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed.
BY TELEPHONE:
Phone Number:
(669)900-9128
Webinar ID:
813 3236 4343#
Passcode:
2021#
To address the City Council press
*9
to raise your hand then
*6
to unmute yourself when instructed.
VIRTUALLY LIVE:
Members of the public may participate via Zoom by
https://zoom.us/join
and entering
the Zoom Meeting ID:
813 3236 4343
Passcode:
2021
Comments may also be made via the Zoom app by using the "Raise Hand" feature when it is your turn to speak the host will unmute you. Comments will not be accepted in the QandA Chat function of the zoom app.
WRITTEN COMMENTS:
Public comments may be emailed to
[email protected]
or
1 mailed to: City Clerk's Office, 7100 Garfield Ave., Bell Gardens, CA 90201. To ensure distribution to the members of the City Council / Agency Members prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. Those comments, as well as any comments received after, will be distributed to the members of the City Council / Successor Agency and will be part of the official public record of this meeting.
For more information, you may contact the City Clerk's office during regular business hours 7:30 a.m. to 6:00 p.m., Monday through Thursday at (562) 806-7704.
PUBLIC HEARING:
Public participation will be separately called for the public to provide comments at the time of each public hearing item.
Speakers who wish to provide a comment should do so by
submitting a "Public Comment Card" to the staff liaison, clerk, prior to the designated public comment period.
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL OF CITY COUNCIL MEMBERS / SUCCESSOR AGENCY TO THE COMMUNITY
DEVELOPMENT COMMISSION MEMBERS
Jorgel Chavez, Council Member / Agency Member
Maria Pulido, Council Member / Agency Member
Francis De Leon Sanchez, Council Member / Agency Member Marco Barcena, Mayor Pro Tem / Vice Chair
Gabriela Gomez, Mayor / Chair
PRESENTATIONS
•
PROCLAMATION RECOGNIZING MENTAL HEALTH AWARENESS MONTH
•
RECOGNITION TO THE BELL GARDENS POLICE DEPARTMENT COMMUNITY POLICE ACADEMY CLASS CC-04 FOR COMPLETION OF THE SIX WEEK ACADEMY •
PROFESSIONAL MUNICIPAL CLERKS WEEK MAY 5, 2024 - MAY 11, 2024 •
PROCLAMATION RECOGNIZING OLDER AMERICANS MONTH
•
PROCLAMATION RECOGNIZING GLOBAL LOVE DAY
PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT MATTER
JURISDICTION OF THE CITY COUNCIL / SUCCESSOR AGENCY
During this time, the members of the public may address the City Council / Successor Agency regarding any items within the subject matter jurisdiction of the City Council / Successor Agency. Public comments are limited to 3 minutes per person subject to an overall 30-minute period for non-agenda items.
Government Code Section 54590 prohibits the City Council / Successor Agency from taking action or engaging in discussion on a specific item unless it appears on the agenda.
PUBLIC COMMENTS ON AGENDA ITEMS ONLY
During this time, the members of the public may address the City Council / Agency Members regarding 2 any items listed on the agenda. Public comments are limited to 3 minutes per person.
CITY MANAGER'S REPORT
CONSENT CALENDAR (Item Nos. 1 - 12)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote.
There will be no separate discussion of these items unless members of the City Council / Successor Agency request specific items to be removed from the Consent Calendar for separate action.
Items called for separate discussion will be heard as the next order of business.
1. GENERAL MOTION TO WAIVE FULL READING AND APPROVE ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934 In order to expedite the conduct of business at City Council meetings, California State Law (California Government Code Section 36934) allows Ordinances to be read by title if a majority of the legislative body supports the motion to waive the full reading.
Recommendation:
It is staff's recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.
2. APPROVAL MINUTES OF APRIL 8, 2024 CITY/ SUCCESSOR AGENCY JOINT MEETING Approve the minutes of the April 8, 2024 City/Successor Agency Joint Meeting.
Recommendation:
It is staff's recommendation that the City Council approve the minutes of the April 8
, 2024
City/Successor Agency Joint Meeting
.
3. APPROVAL MINUTES OF APRIL 11, 2024 SPECIAL CITY/SUCCESSOR AGENCY JOINT
MEETING
Approve the minutes of the April 11, 2024 Special City/Successor Agency Joint Meeting.
Recommendation:
It is staff's recommendation that the City Council approve the minutes of the April 11
, 2024 Special
City/Successor Agency Joint Meeting
.
4. WARRANT REGISTERS AND WIRE TRANSFERS
In approving the action of receiving and filing the warrant registers, the official minutes of the Bell Gardens City Council should state that each individual member of the City Council is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report
.
Recommendation:
It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 04/02/2024, 04/04/2024 and 04/09/2024 .
5. SECOND READING AND ADOPTION OF ORDINANCE NO. 942 TO LIMIT CANNABIS
RETAIL BUSINESS REGULATORY PERMITS CITYWIDE
3 Second reading and adoption of Ordinance No. 942, amending Title 5 (business licenses, regulations and taxes) of the Bell Gardens Municipal Code to limit the number of cannabis retail business regulatory permits citywide.
Recommendation:
It is staff’s recommendation that the City Council waive full reading and adopt Ordinance No. 942 to
limit the number of cannabis retail business regulatory permits citywide to a total of seven (7).
6. A RESOLUTION APPROVING SALE CONTRACTS WITH KIA OF DOWNTOWN LOS ANGELES FOR THE PURCHASE OF UP TO FIVE (5) HYBRID VEHICLES FOR THE
COMMUNITY DEVELOPMENT DEPARTMENT
Approval of sale contracts with Kia of Downtown Los Angeles (DTLA) for the purchase of up to five (5) hybrid vehicles for the Community Development Department.
Recommendation:
It is staff’s recommendation that the City Council by motion:
1 .
Adopt the attached resolution approving sale contracts with Kia of Downtown Los Angeles for the purchase of up to five (5) Kia Sportage Hybrid sport utility vehicles for a total not-to- exceed amount of $174,780.14; and
2 .
Appropriate a total of $180,000 from the General Fund, of which $90,000 will be reimbursed by the Energy Efficient Conservation Block Grant.
7. CONSIDERATION OF CPI ADJUSTMENT REQUEST FROM WEST COAST ARBORIST, INC. FOR TREE MAINTENANCE SERVICES AND EXTENSION OF CONTRACT
SERVICES AGREEMENT
Consideration of a Resolution to approve a Second Amendment to the Contract Services Agreement with West Coast Arborists, Inc. (WCA) allowing a consumer price index (CPI) adjustment of 3% to the City's contract with WCA for citywide tree maintenance services and exercise the right to extend the Contract Services Agreement for the remaining one-year extension of term.
Recommendation:
It is staff's recommendation that the City Council
adopt the attached Resolution authorizing the City
Manager to execute the Second Amendment with West Coast Arborists, Inc. to approve a CPI adjustment of 3% and exercise the right to extend the Term of the Contract Services Agreement to October 11, 2025.
8. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS FOR THE SLURRY SEAL IMPROVEMENTS - ZONE 5 (CIP NO. 3929) The plans and specifications for the Slurry Seal Improvements Project - Zone 5 have been prepared. Approval of this item will allow the City to advertise the project for bids.
Recommendation:
It is staff's recommendation that the City Council:
1 .
Approve the plans and specifications for
the Slurry Seal Improvements Project - Zone 5
;
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).
9. CONSIDERATION OF A RESOLUTION APPROVING AN AGREEMENT WITH NATIONAL
AUTO FLEET GROUP FOR THE PURCHASE OF ONE PUBLIC WORKS VEHICLE 4 Consideration of a Resolution to approve an Equipment Procurement Agreement with National Auto Fleet Group for the purchase of one Public Works vehicle.
Recommendation:
It is staff’s recommendation that the City Council adopt the attached Resolution approving an Equipment Procurement Agreement with National Auto Fleet Group for the purchase of one Public Works vehicle for a total of $50,624.61 under Sourcewell Contract No. 091521-NAF.
10. RESOLUTION APPROVING A FOURTH AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT WITH HF&H CONSULTANTS, LLC TO EXTEND THE TERM FOR TWO
ADDITIONAL MONTHS
Consideration of a Resolution to approve a Fourth Amendment to the Professional Services Agreement with HF&H Consultants, LLC to extend the term through June 30, 2024.
Recommendation:
It is staff's recommendation that the City Council
adopt the attached Resolution authorizing the City
Manager to execute the Fourth Amendment with HF&H Consultants, LLC.
11. AWARD OF PROFESSIONAL SERVICES AGREEMENT FOR QUARTERLY BROCHURE
SERVICES FOR THE CITY OF BELL GARDENS
Adoption of Resolution and award of professional services agreement with Mike Cabrera Corp. dba InterGraphics Company quarterly brochure services.
Recommendation:
It is staff's recommendation that the City Council;
1 .
Adopt the attached resolution, and;
2 .
Authorize the City Manager to execute a Professional Services Agreement for quarterly brochure services with Mike Cabrera Corp. dba InterGraphics Company, for a three-year term with the option of two one-year extensions, subject to City Attorney as to form.
12. REJECTION OF BIDS RECEIVED FOR THE SOIL REMEDIATION PROJECT AT THE FORMER BERK OIL SITE (CIP NO. 3927)
On March 19, 2024, the City received seven bids for this project. All bids are recommended to be rejected to allow staff to revise the bid solicitation materials, bring back the revised bid solicitation to Council, and obtain a bid that is more appropriate for the City’s needs.
Recommendation:
It is staff's recommendation that the City Council by motion a pprove the rejection of bids received on
March 19, 2024, for the Soil Remediation Project at the Former Berk Oil Site.
DISCUSSION (Item Nos. 13 - 16)
13. LOCAL COMMISSIONS APPOINTMENT LIST
The Local Commissions Appointments List outlines the City of Bell Gardens Commissions and Commissioners. Per the Bell Gardens Municipal Code, City Commissions consist of Bell Gardens residents appointed by each member of the City Council. Council Members may remove commissioners during any regular City Council meeting and may appoint commissioners following 10 working days after the posting of the vacancy notice.
Recommendation:
It is staff's recommendation that the City Council review the Commissions Appointments List and 5 by motion, remove commissioners and/or make appointments to the posted vacancies.
14. DIRECTION FOR CONTINUATION OR WITHDRAWAL
FROM BELL GARDENS
MEMBERSHIP IN THE GATEWAY CITIES AFFORDABLE HOUSING TRUST (GCAHT), A JOINT POWERS AUTHORITY ("JPA")
Request for direction on continuation or withdrawal of membership in the Gateway Cities Affordable Housing Trust, a Joint Powers Authority (“JPA”).
Recommendation:
It is staff’s recommendation that the City Council direct staff to:
1 .
Continue membership in the Gateway Cities Affordable Housing Trust and take no further action; OR
2 .
Withdraw from the Gateway Cities Affordable Housing Trust and have staff provide a letter to the Gateway Cities Council of Governments prior to the June 30, 2024, deadline to withdraw at no cost.
15. ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR FISCAL YEAR 2022-23 This agenda report presents the June 30, 2023, audited financial reports to the City Council. The audited financial reports consist of the Annual Comprehensive Financial Report, The Single Audit and its Report on Internal Control over Financial Reporting, Compliance and Other Matters Based on the Audit, Report on Communication with Those Charged with Governance, and Independent Accountant’s Report on Agreed-Upon Procedures to Appropriation Limit Worksheets. The recommended action for this item is to review, discuss, and file.
Recommendation:
It is staff recommendation that the following reports for the year ended on June 30, 2023, be reviewed, discussed, and filed by the City Council.
Annual Comprehensive Financial Report (ACFR);
Single Audit Report of Schedule of Expenditures of Federal Awards; Report on Communication with Those Charged with Governance; and Independent Accountant's Report on Agreed-Upon Procedures Applied to Appropriation Limit Worksheets.
16. SELECTION OF AN ARTIST FOR THE PAINTING OF MURALS AT JULIA RUSS ASMUS PARK AND HANNON PARK; AND CONSIDERATION OF A RESOLUTION APPROVING AN
AGREEMENT WITH THE SELECTED ARTIST
Selection of an artist or artist team for the painting of murals at Julia Russ Asmus Park and Hannon Park; and consideration of a Resolution approving a Contract Services Agreement with the selected artist or artist team.
Recommendation:
It is staff’s recommendation that the City Council by motion:
1 .
Select an artist or artist team for the painting of murals at Julia Russ Asmus Park and Hannon Park;
2 .
Adopt the attached Resolution; and
3 .
Authorize the City Manager to execute a Contract Services Agreement, subject to City Attorney approval as to form, with the selected artist or artist team to paint murals at Julia Russ Asmus Park and Hannon Park.
6 CITY COUNCIL / SUCCESSOR AGENCY MEMBER COMMENTS
ADJOURNMENT
Daisy Gomez, City Clerk
Agenda posted on April 18, 2024.
7 CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 1.
TO:
Honorable Mayor and City Council Members
FROM:
Michael B. O’Kelly, City Manager
BY:
Daisy Gomez, City Clerk
SUBJECT:
GENERAL MOTION TO WAIVE FULL READING AND APPROVE ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934 DATE:
April 22, 2024
RECOMMENDATION:
It is staff's recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.
BACKGROUND/DISCUSSION:
In order to expedite the conduct of business at Council meetings, California State Law (California Government Code Section 36934) allows Ordinances to be read by title if a majority of the Council supports the motion waiving the full reading. Most California cities adopt a standard motion at the beginning of each meeting in order to effectuate this waiver.
Since most of the Ordinances introduced and adopted consist of multiple pages of technical language, reading by title only allows the Council to eliminate the communication of redundant information and attend to other matters during the meetings. Otherwise, the entire Ordinance language will have to be read in full.
CONCLUSION:
Allowing ordinances to be read by title only, according to California State Law, will expedite the conduct of business at Council Meetings.
FISCAL IMPACT:
No fiscal impact.
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 8 CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 2.
TO:
Honorable Mayor and City Council Members
FROM:
Michael B. O’Kelly, Executive Director
BY:
Daisy Gomez, City Clerk
SUBJECT:
APPROVAL MINUTES OF APRIL 8, 2024 CITY/ SUCCESSOR AGENCY JOINT
MEETING
DATE:
April 22, 2024
RECOMMENDATION:
It is staff's recommendation that the City Council approve the minutes of the April 8
, 2024 City/Successor Agency
Joint Meeting
.
BACKGROUND/DISCUSSION:
Every Closed Session and City/Successor Agency Joint Meetings the City Clerk documents the actions made by the Agency Members/City Council.
CONCLUSION:
If approved, the minutes of the
City/Successor Agency Joint Meeting
will be archived in the City Clerk's Office.
FISCAL IMPACT:
No fiscal impact.
ATTACHMENTS:
Description
Exhibit 1 - Minutes of April 8, 2024 Regular City Council/Successor Agency Joint Meeting Exhibit 2 - Minutes of April 8, 2024 Closed Session Meeting 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 9 CITY OF BELL GARDENS
CITY COUNCIL / SUCCESSOR AGENCY TO THE COMMUNITY
DEVELOPMENT COMMISSION
JOINT MEETING
MONDAY, APRIL 8, 2024, 6:00 PM
MINUTES
LOCATION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL GARDENS, CA 90201 PUBLIC PARTICIPATION:
The members of the public may address the City Council / Agency Members on any item listed on the agenda or on matters which are not listed on the agenda but are within the subject matter jurisdiction of the City Council / Successor Agency. Public comments are limited to three (3) minutes per person for each designated public comment period(s). Public comments for non- agenda items will be limited to a total of 30 minutes. Public comments can be made by any of the following ways:
IN-PERSON:
Members of the public can provide in-person comments at the podium in the Council Chamber. The Council Chambers will have seating available for members of the public to attend the meeting in person, subject to capacity limits. Public comments are limited to three (3) minutes for each designated public comment period(s) per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the City Council / Agency Members should do so by submitting a "Public Comment Card" card by 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed.
BY TELEPHONE:
Phone Number:
(669)900-9128
Webinar ID:
813 3236 4343#
Passcode:
2021#
To address the City Council press
*9
to raise your hand then
*6
to unmute yourself when instructed.
VIRTUALLY LIVE:
Members of the public may participate via Zoom by
https://zoom.us/join
and entering
the Zoom Meeting ID:
813 3236 4343
Passcode:
2021
Comments may also be made via the Zoom app by using the "Raise Hand" feature when it is your turn to speak the host will unmute you. Comments will not be accepted in the QandA Chat function of the zoom app.
WRITTEN COMMENTS:
Public comments may be emailed to
[email protected]
or
mailed to: City Clerk's Office, 7100 Garfield Ave., Bell Gardens, CA 90201. To ensure distribution to the members of the City Council / Agency Members prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. Those comments, as well as any comments received after, will be distributed to the members of the City Council / Successor Agency and will be part of the official public record of this meeting.
For more information, you may contact the City Clerk's office during regular business hours 7:30 a.m. to 6:00 p.m., Monday through Thursday at (562) 806-7704.
PUBLIC HEARING:
Public participation will be separately called for the public to provide comments at the time of each public hearing item.
Speakers who wish to provide a comment should do so by
submitting a "Public Comment Card" to the staff liaison, clerk, prior to the designated public comment period.
10Exhibit 1
CALL TO ORDER
The Council Members of the City of Bell Gardens City Council/Successor Agency held a Joint Regular meeting on April 8, 2024, in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Pro Tem Marco Barcena presiding.
Mayor Pro Tem Marco Barcena
called the joint meeting to order at
6:10 p.m.
INVOCATION
The invocation was given by
Pastor Reynaldo Leal.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by
Girl Scout Troop #2543.
ROLL CALL OF CITY COUNCIL MEMBERS / SUCCESSOR AGENCY TO THE COMMUNITY
DEVELOPMENT COMMISSION MEMBERS
Present:
Gabriela Gomez, Agency Member/Council Member
Maria Pulido, Agency Member/Council Member
Francis De Leon Sanchez, Agency Member/Council Member
Marco Barcena, Vice Chair/Mayor Pro Tem
Jorgel Chavez, Chair/Mayor (joined at 6:11 p.m.)
Absent:
None
PRESENTATIONS
•
PROCLAMATION DECLARING THE MONTH OF APRIL AS ARTS, CULTURE, AND
CREATIVITY ADVOCACY MONTH
Mayor Pro Tem Marco Barcena read the certificate of recognition and presented it to the various art groups.
PUBLIC HEARING (Item No. 1)
1. CONSIDERATION OF ADOPTION OF ORDINANCE NO. 942, AMENDING CHAPTER 5.64 (RETAIL CANNABIS BUSINESS PERMIT) OF TITLE 5 (BUSINESS LICENSES,
REGULATIONS AND TAXES) OF THE BELL GARDENS MUNICIPAL CODE TO
RESTRICT THE NUMBER OF BUSINESS REGULATORY PERMITS FOR CANNABIS
RETAIL BUSINESSES
Waive full reading and introduce Ordinance No. 942, by title only, amending Chapter 5.64 (Retail Cannabis Business Permit) of Title 5 (Business Licenses, Regulations and Taxes) of the Bell Gardens Municipal Code, to limit the number of cannabis retail regulatory permits citywide.
Recommendation:
It is staff’s recommendation that the City Council:
1 .
Find proposed Ordinance No. 942 (Exhibit 1) exempt from the provisions of the California 11Exhibit 1
Environmental Quality Act (CEQA); and
2 .
Waive full reading and introduce Ordinance No. 942, by title only, amending Chapter 5.64 (Retail Cannabis Business Permit) of Title 5 (Business Licenses, Regulations and Taxes) of the Bell Gardens Municipal Code, to limit the number of cannabis retail regulatory permits citywide.
Mayor Jorgel Chavez opened the public hearing at 6:22 p.m.
Gustavo Romo, Community Development Director, provided a presentation.
PUBLIC COMMENT
City Clerk Daisy Gomez announced that no written comments were received.
Rogelio Rodriguez spoke in opposition to the item.
Ciro Ochoa spoke in opposition to the item.
Michael Jensen spoke in support of the item.
Martha Carrasco spoke in opposition to the item.
Mayor Jorgel Chavez closed the public hearing at 6:41 p.m.
A motion was made by Councilmember Gabriela Gomez, seconded by Councilmember Frances de Leon Sanchez to find proposed Ordinance No. 942 (Exhibit 1) exempt from the provisions of the California Environmental Quality Act (CEQA); and waive full reading and introduce Ordinance No. 942, by title only, amending Chapter 5.64 (Retail Cannabis Business Permit) of Title 5 (Business Licenses, Regulations and Taxes) of the Bell Gardens Municipal Code, to limit the number of cannabis retail regulatory permits citywide to no more than seven (7).
The motion carried 5-0 with the following vote:
AYES: Gomez, Pulido, Sanchez, Barcena, Chavez
NOES: None
ABSENT: None
ABSTAIN: None
PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT MATTER
JURISDICTION OF THE CITY COUNCIL / SUCCESSOR AGENCY
City Clerk Daisy Gomez announced that there were no written comments received.
Melodie spoke in support of rent control and art programs.
Rogelio Rodriguez spoke regarding various improvements throughout the city.
Alejandra Vargo spoke regarding an invitation to a public comment event. 12Exhibit 1
Cassandra spoke in support of the rent control workshops and art programs.
Maria Padilla spoke in support of rent control and art programs.
Martha Pineda spoke in support of rent control and art programs.
Ciro Ochoa spoke in opposition of rent control.
PUBLIC COMMENTS ON AGENDA ITEMS ONLY
City Clerk Daisy Gomez announced that there were no written comments received.
Adon Loya spoke in support of Item No. 14.
CITY MANAGER'S REPORT
City Manager Michael O'Kelly provided a brief report.
CONSENT CALENDAR (Item Nos. 2 - 12)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote.
There will be no separate discussion of these items unless members of the City Council / Successor Agency request specific items to be removed from the Consent Calendar for separate action.
Items called for separate discussion will be heard as the next order of business.
A motion was made by Mayor Jorgel Chavez, seconded by Mayor Pro Tem Marco Barcena to approve Consent Calendar Item Nos. 2 - 12, with the exception of Item No. 12.
The motion carried 5-0 with the following vote for Item Nos. 2 - 11:
AYES: Gomez, Pulido, Sanchez, Barcena, Chavez
NOES: None
ABSENT: None
ABSTAIN: None
A motion was made by Mayor Jorgel Chavez, seconded by Councilmember Francis de Leon Sanchez to approve Consent Calendar Item No. 12.
The motion carried 5-0 with the following vote for Item No. 12:
AYES: Gomez, Pulido, Sanchez, Barcena, Chavez
NOES: None
ABSENT: None
ABSTAIN: None
2. GENERAL MOTION TO WAIVE FULL READING AND APPROVE ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934 13Exhibit 1
In order to expedite the conduct of business at City Council meetings, California State Law (California Government Code Section 36934) allows Ordinances to be read by title if a majority of the legislative body supports the motion to waive the full reading.
Recommendation:
It is staff's recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.
3. APPROVAL MINUTES OF MARCH 11, 2024 CITY/ SUCCESSOR AGENCY JOINT
MEETING
Approve the minutes of the March 11, 2024 City/Successor Agency Joint Meeting.
Recommendation:
It is staff's recommendation that the City Council approve the minutes of the March 11 , 2024
City/Successor Agency Joint Meeting
.
4. WARRANT REGISTERS AND WIRE TRANSFERS
In approving the action of receiving and filing the warrant registers, the official minutes of the Bell Gardens City Council should state that each individual member of the City Council is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report
.
Recommendation:
It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 02/22/2024, 02/27/2024, 03/05/2024, 03/07/2024, 03/12/2024, 03/19/2024, 03/21/2024 and 03/26/2024
.
5. WARRANT REGISTER SUCCESSOR AGENCY
In approving the action of receiving and filing the warrant registers, the official minutes of the Successor Agency should state that each individual member of the Successor Agency is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same Successor Agency Member, or pays for any costs or expenses, or otherwise benefits the same named Successor Agency Member. Each Successor Agency Member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named Successor Agency Member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.
Recommendation:
It is staff's recommendation that the Successor Agency Members receive and file the warrant register dated 03/12/24 and 03/26/2024.
6. FEBRUARY 2024 TREASURER'S REPORT
The Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the 14Exhibit 1
City.
Recommendation:
It is recommended that the City Council receive, approve, and file the February 2024 Treasurer's Report.
7. A RESOLUTION APPROVING THE 2023 BELL GARDENS GENERAL PLAN ANNUAL
PROGRESS REPORT
2023 Bell Gardens General Plan Annual Progress Report
Recommendation:
It is staff’s recommendation that the City Council
a
dopt the attached resolution approving and
consenting to the submission of the 2023 Bell Gardens General Plan Annual Progress Report to the State of California.
Resolution No. 2024-16 was approved.
8. FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BELL GARDENS AND WSP USA ENVIRONMENT & INFRASTRUCTURE INC. (WSP; FORMALLY WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC.
An amendment to allocate additional funds from the Equitable Community Revitalization Grant (ECRG) funding to
WSP USA Environment & Infrastructure Inc. (WSP; formally Wood Environment & Infrastructure Solutions, Inc.) (WSP)
for consultation services for clean up of a
Shull Street brownfield site formerly known as the Berk Oil site.
Recommendation:
It is staff’s recommendation that the City Council:
1 .
Determine the action exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15060(c)(3); and 2 .
Adopt the attached resolution approving a First Amendment to the Professional Services Agreement (PSA) between the City and WSP USA Environment & Infrastructure Inc. (WSP; formally Wood Environment & Infrastructure Solutions, Inc.) (WSP) for additional funding not- to-exceed amount of $800,000 to accommodate the amended scope of work needed to continue remediation consulting services for the former Berk Oil site located at 5600-5636 Shull Street.
Resolution No. 2024-17 was approved.
9. APPROVAL OF A PARTICIPANT AGREEMENT WITH THE COUNTY OF LOS ANGELES
FOR THE LOS ANGELES REGION IMAGERY ACQUISITION CONSORTIUM A request to approve a Participant Agreement with the County of Los Angeles for Los Angeles Region Imagery Acquisition Consortium (LARIAC) for regional and citywide digital imagery and datasets
.
Recommendation:
It is staff’s recommendation that the City Council:
1 .
Adopt the attached Resolution (Exhibit 1); and
2 .
Approve a Participant Agreement with County of Los Angeles (Exhibit 2) for digital mapping services citywide; and
3 .
Appropriate future appropriations for three annual increments of $8,546.66 for fiscal years 15Exhibit 1
2025, 2026, and 2027 (for a total of $25,637.00) to fund participation in the Los Angeles Region – Imagery Acquisition Consortium 7 (LARIAC7); and 4 .
Find the proposed action exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Guidelines Section 15060(c)(3).
Resolution No. 2024-18 was approved.
10. CONSIDERATION OF APPROVAL OF A RESOLUTION EXTENDING AN AMENDMENT
TO THE GROSS REVENUE LICENSE FEE IMPOSED ON PARKWEST BICYCLE CASINO
Adopt the attached Resolution extending an amendment to the gross revenue license fee imposed on Parkwest Bicycle Casino for a limited time period ending on July 31, 2024.
Recommendation:
It is staff's recommendation that the City Council adopt the attached Resolution extending an amendment to the gross revenue license fee imposed on Parkwest Bicycle Casino for a limited time period ending on July 31, 2024.
Resolution No. 2024-19 was approved.
11. INSTALLATION OF RED CURB "NO PARKING" RESTRICTIONS FRONTING 7533
GARFIELD AVENUE
Consideration of a resolution to authorize the installation of an additional 10 feet of red curb ‘no parking’ restrictions on the north side of the southerly driveway fronting 7533 Garfield Avenue.
Recommendation:
It is staff’s recommendation that the City Council:
1 .
Adopt the attached Resolution authorizing the installation of 10 feet of additional red curb ‘no parking’ restrictions on the north side of the southerly driveway fronting 7533 Garfield Avenue; and
2 .
Rescind Resolution No. 2023-92.
Resolution No. 2024-20 was approved.
12. ADOPTION OF RESOLUTION AND APPROVAL OF A STANDARD AGREEMENT BY AND
BETWEEN THE CITY OF BELL GARDENS AND THE OFFICE OF PLANNING AND
RESEARCH, CALIFORNIA VOLUNTEERS FOR THE LOCAL GOVERNMENT
CONNECTING NEIGHBORS TO NEIGHBORS GRANT
Adoption of a resolution and agreement with the
Office of Planning and Research, California
Volunteers for the Local Government: Connecting Neighbors to Neighbors Grant.
Recommendation:
It is staff's recommendation that the City Council by motion:
1 .
Adopt the attached resolution; and
2 .
Approve the State of California Department of General Services Standard Agreement No.
CV2311401 with the office of Planning and Research, California Volunteers for the Local Government: Connecting Neighbors to Neighbors Grant in the amount of $250,000.
Resolution No. 2024-21 was approved.
DISCUSSION (Item Nos. 13 - 14)
16Exhibit 1
13. LOCAL COMMISSIONS APPOINTMENT LIST
The Local Commissions Appointments List outlines the City of Bell Gardens Commissions and Commissioners. Per the Bell Gardens Municipal Code, City Commissions consist of Bell Gardens residents appointed by each member of the City Council. Council Members may remove commissioners during any regular City Council meeting and may appoint commissioners following 10 working days after the posting of the vacancy notice.
Recommendation:
It is staff's recommendation that the City Council review the Commissions Appointments List and by motion, remove commissioners and/or make appointments to the posted vacancies.
A motion was made by Mayor Pro Tem Marco Barcena, seconded by Councilmember Francis de Leon Sanchez to appoint Ernesto Ramirez to fill Mayor Pro Tem Marco Barcena's vacancy in the Planning Commission.
The motion carried 5-0 with the following vote:
AYES: Barcena, Gomez, Pulido, Chavez, De Leon Sanchez NOES: None
ABSENT: None
ABSTAIN: None
14. CONSIDER REQUEST TO RENEW VEHICLE TOWING AND STORAGE SERVICES
AGREEMENT
The City of Bell Gardens regularly requires motor vehicle towing and storage services, including the removal of abandoned, stolen and damaged vehicles, occasional towing and storage of City owned vehicles and special security for vehicles held for the investigation of crimes, pursuant to various provisions of the California Vehicle and other Codes.
The current agreement with Mr. C’s Towing of South Gate, Inc. will expire on October 14, 2024 and they have requested a five year extension to the term of the agreement for Council consideration.
Recommendation:
Staff is seeking direction from the City Council to:
1 .
Approve the request for a five year extension to the current agreement, or
2 .
Deny the request for a five year extension to the current agreement and direct staff to issue a Request for Proposal (RFP) for towing and storage services.
A motion was made by Councilmember Gabriela Gomez, seconded by Mayor Pro Tem Marco Barcena to deny the request for a five-year extension and direct staff to issue a request for proposal for towing and storage services.
The motion carried 5-0 with the following vote:
AYES: Gomez, Pulido, Sanchez, Barcena, Chavez
NOES: None
ABSENT: None
ABSTAIN: None
17Exhibit 1
CITY COUNCIL / SUCCESSOR AGENCY MEMBER COMMENTS
Members of the Council and Successor Agency made community announcements and comments.
ADJOURNMENT
Mayor Jorgel Chavez adjourned the meeting at 7:47 p.m.
Daisy Gomez, City Clerk
Agenda posted on April 4, 2024.
18Exhibit 1
CITY OF BELL GARDENS
CITY COUNCIL
REGULAR MEETING – CLOSED SESSION
MONDAY, APRIL 08, 2024
5:00 PM
MINUTES
LOCATION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL GARDENS, CA 90201 The meeting will be held at Bell Gardens City Hall in the Council Chambers. The public may attend the meeting in person or virtually as instructed be low. You may view the meeting live on the City's website at https://www.bellgardens.org/i-want-to/watch-city-council-meetings .
ACCESSIBILITY: If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a d isability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or ser vice by contacting the City Clerk's office by telephone at 562-806-7704 or via email to
[email protected] no later than 72-hours
before the scheduled meeting.
PUBLIC PARTICIPATION: The members of the public may address the City Cou ncil on any item listed on the agenda. Public comments are limited t o three (3) minutes. Public comments for non- agenda items will be limited to a total of 30 minut es. Public comments can be made by any of the following ways:
IN-PERSON: Members of the public can provide in-person comments at the podium in the Council Chamber. The Council Chambers will have seating ava ilable for members of the public to attend the meeting in person, subject to capacity limits. Public comments are limited to (3) minutes per speaker, unless different time is announced by the presiding chair. Speakers who wish to address the City Council should do so by submitting a "Public Comment Card" by 5:00 pm.
BY TELEPHONE: Phone Number:
(669)900-9128 Webinar ID: 813 3236 4343# Passcode: 2021# To address the City Council press *9 to raise your hand then *6 to unmute yourself when instructed.
VIRTUALLY LIVE: Members of the public may participate via Zoom by https://zoom.us/join and entering the Zoom Meeting ID: 813 3236 4343 Passcode: 2021
Comments may also be made via the Zoom app by using the "Raise Hand" feature when it is your turn to speak the host will unmute you. Comments will not be accepted in the QandA Chat function of the zoom app.
WRITTEN COMMENTS: Public comments may be emailed to
[email protected]
or mailed to: City Clerk's Office, 7100 Garfield Ave., Bell Gardens, CA 90201. To ensure distribution 19Exhibit 2
to the members of the City Council prior to conside ration of the agenda, please submit comments no later than one (1) hour prior to the meeting. Those comments, as well as any comments received after, will be distributed to the members of the Ci ty Council and will be part of the official public record of this meeting.
For more information, you may contact the City Cler k's office during regular business hours 7:30 a.m. to 6:00 p.m., Monday through Thursday at (562) 806-7704.
CALL TO ORDER
The Council Members of the City of Bell Gardens Cit y Council held a regular meeting on April 08, 2024, in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Pro Tem Marco Barcena presiding at 5:12 p.m.
ROLL CALL OF CITY COUNCIL MEMBERS
Present: Gabriela Gomez, Agency Member/Council Member Maria Pulido, Agency Member/Council Member (joined at 5:18 p.m.) Francis De Leon Sanchez, Agency Membe r/Council Member
Marco Barcena, Vice Chair/Mayor Pro Te m
Absent: Jorgel Chavez, Chair/Mayor
PUBLIC COMMENTS ON AGENDA ITEMS ONLY
City Clerk Daisy Gomez announced that there were no written comments, and no public comments were provided.
CLOSED
SESSION (Item No. 1):
City Attorney Stephanie Vasquez announced the Closed Session items. The City Council recessed into closed session at 5:13 p.m. to discuss the items listed on the agenda.
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITI GATION
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9, SUBDIVISION (D)(2): ONE CASE
Title: City Manager
CLOSED SESSION REPORT
The City Council reconvened to open session at 6:09 p.m., City Attorney Stephanie Vasquez announced that there was no reportable action for Item No. 1.
20Exhibit 2
ADJOURNMENT
Mayor Pro Tem Marco Barcena adjourned the meeting at 6:10 p.m.
_____________________________
Daisy Gomez, City Clerk
Agenda was posted on April 04, 2024.
21Exhibit 2
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 3.
TO:
Honorable Mayor and City Council Members
FROM:
Michael B. O’Kelly, Executive Director
BY:
Daisy Gomez, City Clerk
SUBJECT:
APPROVAL MINUTES OF APRIL 11, 2024 SPECIAL CITY/SUCCESSOR AGENCY JOINT
MEETING
DATE:
April 22, 2024
RECOMMENDATION:
It is staff's recommendation that the City Council approve the minutes of the April 11
, 2024 Special City/Successor
Agency Joint Meeting
.
BACKGROUND/DISCUSSION:
Every Closed Session and City/Successor Agency Joint Meetings the City Clerk documents the actions made by the Agency Members/City Council.
CONCLUSION:
If approved, the minutes of the Special
City/Successor Agency Joint Meeting
will be archived in the City Clerk's
Office.
FISCAL IMPACT:
No fiscal impact.
ATTACHMENTS:
Description
Exhibit 1 - Minutes of April 11, 2024 Special Meeting
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 22 SPECIAL MEETING
CITY OF BELL GARDENS
CITY COUNCIL / SUCCESSOR AGENCY TO THE COMMUNITY
DEVELOPMENT COMMISSION
JOINT MEETING
THURSDAY, APRIL 11, 2024, 5:30 PM
MINUTES
LOCATION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL GARDENS, CA 90201 PUBLIC PARTICIPATION:
For Regular Meetings, the public may address the City Council / Agency Members on any item listed on the Regular Meeting Agenda and matters which are not listed on the agenda but are within the subject matter jurisdiction of the City Council / Successor Agency. Public comments for non-agenda items will be limited to a total of 30 minutes. For Special Meetings, the public may only speak on items listed on the agenda. Public comments are limited to three (3) minutes per person for each designated public comment period(s). Public comments can be made by any of the following ways:
IN-PERSON:
Members of the public can provide in-person comments at the podium in the Council Chamber. The Council Chambers will have seating available for members of the public to attend the meeting in person, subject to capacity limits. Public comments are limited to three (3) minutes for each designated public comment period(s) per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the City Council / Agency Members should do so by submitting a "Public Comment Card" prior to the meeting.
BY TELEPHONE:
Phone Number:
(669)900-9128
Webinar ID:
813 3236 4343#
Passcode:
2021#
To address the City Council press
*9
to raise your hand then
*6
to unmute yourself when instructed.
VIRTUALLY LIVE:
Members of the public may participate via Zoom by
https://zoom.us/join
and entering
the Zoom Meeting ID:
813 3236 4343
Passcode:
2021
Comments may also be made via the Zoom app by using the "Raise Hand" feature when it is your turn to speak the host will unmute you. Comments will not be accepted in the QandA Chat function of the zoom app.
WRITTEN COMMENTS:
Public comments may be emailed to
[email protected]
or
mailed to: City Clerk's Office, 7100 Garfield Ave., Bell Gardens, CA 90201. To ensure distribution to the members of the City Council / Agency Members prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. Those comments, as well as any comments received after, will be distributed to the members of the City Council / Successor Agency and will be part of the official public record of this meeting.
For more information, you may contact the City Clerk's office during regular business hours 7:30 a.m. to 6:00 p.m., Monday through Thursday at (562) 806-7704.
PUBLIC HEARING:
Public participation will be separately called for the public to provide comments at the time of each public hearing item.
Speakers who wish to provide a comment should do so by
23Exhibit 1
submitting a "Public Comment Card" to the staff liaison, clerk, prior to the designated public comment period.
CALL TO ORDER
The Council Members of the City of Bell Gardens City Council/Successor Agency held a Joint Special meeting on April 11, 2024, in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Jorgel Chavez presiding.
Mayor Jorgel Chavez
called the joint meeting to order at 5:36 p.m.
ROLL CALL OF CITY COUNCIL MEMBERS / SUCCESSOR AGENCY TO THE COMMUNITY
DEVELOPMENT COMMISSION MEMBERS
Present:
Gabriela Gomez, Agency Member/Council Member
Maria Pulido, Agency Member/Council Member
Francis De Leon Sanchez, Agency Member/Council Member
Marco Barcena, Vice Chair/Mayor Pro Tem
Jorgel Chavez, Chair/Mayor
Absent:
None
PUBLIC COMMENTS ON AGENDA ITEMS ONLY
City Clerk Daisy Gomez announced that there were no written comments received and no public comments were made.
DISCUSSION (Items No. 1 - 2)
1. REORGANIZATION AND SELECTION OF MAYOR/CHAIRPERSON AND MAYOR PRO
TEM/VICE CHAIRPERSON
The City Council may consider by motion to organize and select a Mayor/Chair and Mayor Pro Tem/Vice Chair of the City of Bell Gardens City Council and Successor Agency to the Community Development Commission.
Recommendation:
The City Council may consider by motion to organize and select a Mayor/Chairperson and Mayor Pro Tem/Vice Chairperson at such time as majority of the Council shall so order per Bell Gardens Municipal Code 2.04.020(c).
A nomination was made by Councilmember Marco Barcena to appoint Councilmember Gabriela Gomez as Mayor.
A motion was made by Councilmember Marco Barcena, seconded by Councilmember Jorgel Chavez to close nominations for the Mayor position.
The motion carried 5-0 with the following vote:
24Exhibit 1
AYES: Barcena, Chavez, Gomez, Pulido, Sanchez
NOES: None
ABSENT: None
ABSTAIN: None
A motion was made by Councilmember Marco Barcena, seconded by Councilmember Jorgel Chavez to appoint Councilmember Gabriela Gomez for the Mayor position.
The motion carried 5-0 with the following vote:
AYES: Barcena, Chavez, Gomez, Pulido, Sanchez
NOES: None
ABSENT: None
ABSTAIN: None
2. CITY COUNCIL APPOINTMENT TO EXTERNAL COMMITTEES
City Council Members serve on various external boards and committees, representing the City of Bell Gardens. This report provides a listing of all the boards and committees and the names of the Council Members that serve on the boards/committees. The Council may make appointment revisions to this list at this time.
Recommendation:
It is staff's recommendation that the City Council make changes, reappointments, or appointments as necessary to the attached matrix of Council Appointments to External Regulatory and Advisory Boards, Commissions, and Committees.
A motion was made by Councilmember Francis de Leon Sanchez, seconded by Councilmember Jorgel Chavez to nominate Mayor Pro Tem Marco Barcena to serve as the alternate on the Los Angeles County City Selection Committee; Councilmember Francis de Leon Sanchez to serve as the alternate on the California Contract Cities Association; and Mayor Pro Tem Marco Barcena to serve as the alternate on the Gateway Cities Council of Governments.
A motion was made by Mayor Pro Tem Marco Barcena, seconded by Councilmember Jorgel Chavez to nominate Mayor Gabriela Gomez to serve as the delegate on the League of California Cities Los Angeles County Division.
A motion was made by Mayor Gabriela Gomez, seconded by Councilmember Francis de Leon Sanchez to nominate Councilmember Francis de Leon Sanchez to serve as the delegate on the Independent Cities Association; and Mayor Gabriela Gomez to serve as the alternate on the Independent Cities Association.
The motion carried 5-0 with the following vote:
AYES: Gomez, Pulido, Sanchez, Barcena, Gomez
NOES: None
ABSENT: None
ABSTAIN: None
25Exhibit 1
ADJOURNMENT
Mayor Gabriela Gomez adjourned the meeting at 5:46 p.m.
Daisy Gomez, City Clerk
Agenda posted on April 10, 2024.
26Exhibit 1
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 4.
TO:
Honorable Mayor and City Council Members
FROM:
Michael B. O'Kelly, City Manager
BY:
Manuel Carrillo, Director of Finance & Administrative Services SUBJECT:
WARRANT REGISTERS AND WIRE TRANSFERS
DATE:
April 22, 2024
RECOMMENDATION:
It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 04/02/2024, 04/04/2024 and 04/09/2024
.
BACKGROUND/DISCUSSION:
The attached warrant registers, wire transfers, and net payrolls are for 04/02/2024, 04/04,2024 and 04/09/2024. The
warrant registers, wire transfers, and net payrolls reflect the financial obligations of the City for the above referenced dates.
CONCLUSION:
If the recommendation to the City Council is approved, then the warrant registers, wire transfers, and net payrolls dated 04/02/2024, 04/04/2024 and 04/09/2024 will be received and filed.
FISCAL IMPACT:
Warrant register
04/02//2024
189769-189842
$452,714.62
Total Bank
$452,714.62
Wire transfer
04/04/2024
1920-1923
$269,629.32
Warrant register
04/09/2024
189843-189926
$282,871.74
Total Bank
$552,501.06
Net payroll transfer
04/04/2024
$547,551.05
Total Voucher
$1,100,052.11
Grand Total Vouchers
$1,552,766.73
ATTACHMENTS:
Description
Exhibit 1 - Warrant Register
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 27 28Exhibit 1
29Exhibit 1
30Exhibit 1
31Exhibit 1
32Exhibit 1
33Exhibit 1
34Exhibit 1
35Exhibit 1
36Exhibit 1
37Exhibit 1
38Exhibit 1
39Exhibit 1
40Exhibit 1
41Exhibit 1
42Exhibit 1
43Exhibit 1
44Exhibit 1
45Exhibit 1
46Exhibit 1
47Exhibit 1
48Exhibit 1
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 5.
TO:
Honorable Mayor and City Council Members
FROM:
Michael B. O'Kelly, City Manager
BY:
Gustavo J. Romo, Deputy City Manager/Director of Community Development SUBJECT:
SECOND READING AND ADOPTION OF ORDINANCE NO. 942 TO LIMIT CANNABIS
RETAIL BUSINESS REGULATORY PERMITS CITYWIDE
DATE:
April 22, 2024
RECOMMENDATION:
It is staff’s recommendation that the City Council waive full reading and adopt Ordinance No. 942 to limit the number
of cannabis retail business regulatory permits citywide to a total of seven (7).
BACKGROUND/DISCUSSION:
On April 8, 2024, the City Council waived the full reading and introduced Ordinance No. 942, by title only, proposing the amendment of Title 5 of the Bell Gardens Municipal Code (BGMC) to restrict the number of business regulatory permits for cannabis retail activities within Bell Gardens to no more than seven (7) and waived further reading thereof.
The Council unanimously voted to approve the proposed amendment and indicated its intent to adopt the draft ordinance.
If adopted,
Ordinance No. 942 will restrict the number of active commercial cannabis retail activity to a maximum of seven (7) active business regulatory permits.
Operators that receive zoning approvals for a cannabis retail use must also obtain a business regulatory permit. If the operator does not commence operations within one (1) year from the receipt of a business regulatory permit, the permit would be considered inactive. Revoked business regulatory permits are also considered inactive.
CONCLUSION:
If approved, Ordinance No. 942 would become effective 30 calendar days after approval. The proposed ordinance would prohibit more than seven (7) active cannabis retail business regulatory permits for the purpose of preventing over proliferation.
FISCAL IMPACT:
No fiscal impact.
ATTACHMENTS:
Description
Exhibit 1 - Ordinance No. 942
APPROVED ELECTRONICALLY BY:
49 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 50 Ordinance No. 942
1 of 5
ORDINANCE NO. 942
AN ORDINANCE OF THE CITY OF BELL GARDENS AMENDING TITLE 5 (BUSINESS LICENSES, REGULATIONS AND TAXES) OF THE BELL
GARDENS MUNICIPAL CODE TO RESTRICT THE NUMBER OF
BUSINESS REGULATORY PERMITS FOR CANNABIS RETAIL
BUSINESSES
WHEREAS, the City of Bell Gardens (“City”) is a general law city, incorporated under the laws of the State of California; and
WHEREAS, pursuant to its police power, the City may enact and enforce laws within its boundaries which promote the public health, morals, safety, or general welfare of the community, and are not in conflict with general laws; and WHEREAS, on June 26, 2023, the City Council adopted Ordinance No. 934 which amended Title 5 (Business Licenses, Regulations and Taxes) and Title 9 (Zoning and Planning Regulations) to conditionally permit a cannabis retail use at qualifying sites with the approval of a Conditional Use Permit and acquisition of a Business Regulatory Permit; and
WHEREAS, a total of seven applications have been submitted since the effective date of Ordinance No. 934; and
WHEREAS, on March 11, 2024, the City Council directed staff to draft an ordinance that would limit the total number of active Business Regulatory Permits to no more than seven; and
WHEREAS, the City finds it necessary to amend Title 5 of the BGMC to limit the number of Business Regulatory Permits for a cannabis retail use not to exceed a total of seven permits; and
WHEREAS, the proposed Ordinance would maintain the land use and zoning regulations for a cannabis retail use, as specified, that are legal within the state, subject to strict compliance with state and local laws and regulations; and WHEREAS, the City’s General Plan (“General Plan”) articulates the community’s vision in compliance with state law that protects the public health, safety, and welfare, enacts regulatory and enforcement controls to defend safe neighborhood character and minimize potential for negative impacts on people, the community, and the environment; and
and
WHEREAS, the proposed Ordinance would be consistent with the General Plan;
WHEREAS, Policy No. 1 of the General Plan’s Land Use Element emphasizes the City’s commitment to open communication and seeking public input; and 51Exhibit 1
Ordinance No. 942
2 of 5
WHEREAS, the deliberation of the proposed Ordinance has been subject to a public hearing process that has been duly noticed for the purpose of seeking public input and participation and community members will continue to provide public input for individual projects resulting from ordinance implementation and is therefore consistent with Policy No. 1; and
WHEREAS, Policy No. 4 of the General Plan’s Land Use Element asserts that the City shall encourage private investment in the City’s industrial economic base while ensuring compliance with necessary environmental requirements; and WHEREAS, Ordinance No. 942 encourages investment in the City’s industrial economic base by permitting a cannabis retail use that would be subject to a discretionary approval process and would be required to comply with all applicable state and local environmental requirements and is therefore consistent with Policy No. 4; and WHEREAS, Policy No. 5 of the General Plan’s Land Use Element emphasizes the provision of an environment to stimulate local employment, property values, community stability, and the economic vitality of existing local businesses; and WHEREAS, limiting the total number of Business Regulatory Permits for a cannabis retail use will promote economic diversity of the City’s commercial and industrial zones and provide local employment opportunities by ensuring there is not an over- proliferation of cannabis uses, thereby ensuring community stability and economic vitality of existing businesses and is therefore consistent with Policy No. 5; and WHEREAS, on April 8, 2024, the City Council held a duly noticed public hearing regarding Ordinance No. 942, considered all public comments received before and during the public hearing, the presentation by City staff, the relevant staff report, and all other pertinent documents regarding the proposed Ordinance; and WHEREAS, cannabis retail operations often take place in existing commercial or industrial buildings, and operate similarly to other retail operations, and would be subject to the same development standards as other commercial operations, including but not limited to height, setbacks, and parking; but subject to more restrictive siting requirements and thus, it can be seen with certainty that by adopting Ordinance No. 942, limiting the number of Business Regulatory Permits, the regulation of cannabis retail sales will not cause a direct or indirect impact on the environment pursuant to the California Environmental Quality Act (“CEQA”) (Pub. Res. Code § 21000 et seq .) and the CEQA Guidelines (Cal. Code Regs., Title 14, § 15000 et seq .).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES HERBY ORDAIN AS FOLLOWS : (unless otherwise noted, changes are shown in bold or strikethrough text):
SECTION 1. The recitals set forth above are true and correct and hereby incorporated by reference in full herein.
52Exhibit 1
Ordinance No. 942
3 of 5
SECTION 2. Section 5.64.020 of Title 5 (Business Licenses, Regulations and Taxes) of the BGMC is amended to read:
5.64.020 Retail Cannabis Permit Required.
A. All Cannabis Retail businesses are subject to the business regulatory permit requirements of this Chapter and Chapter 5.12 of the BGMC, as well as all other applicable ordinances of the City and laws of the state of California.
B. There shall be no more than seven active business regulatory permits for a cannabis use issued at any time. For purposes of this section, a Cannabis Retail business that has had its business regulatory permit revoked pursuant to Chapter 5.12 or has not commenced operations within one year of issuance of a business regulatory permit, as required by Section 5.64.050(K), is not considered an active business regulatory permit and is not otherwise in full force and effect.
B. C. It shall be unlawful for any person to establish, operate, engage in, conduct, or carry on any Cannabis Retail within the City unless the person first obtains, and continues to maintain in full force and effect, a Cannabis Retail business regulatory permit, as required herein.
SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions might subsequently be declared invalid or unconstitutional.
SECTION 4. The City Clerk shall certify the passage and adoption of this ordinance and shall cause this ordinance to be published and/or posted as required by law, which shall take full force and effect thirty days from its adoption.
[Signatures on the following page ]
53Exhibit 1
Ordinance No. 942
4 of 5
PASSED, APPROVED AND ADOPTED this 22 nd day of April, 2024.
THE CITY OF BELL GARDENS
Gabriela Gomez, Mayor
APPROVED AS TO FORM: ATTEST:
Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
54Exhibit 1
Ordinance No. 942
5 of 5
I, _________________, City Clerk of the City of Bell Gardens, hereby CERTIFY that Ordinance No. ________was introduced and placed upon its first reading at ta regular meeting of the Bell Gardens City Council held on _______________and thereafter said ordinance was duly adopted by Declaration of the City Council of the City of Bell Gardens on _________________by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________
Daisy Gomez, City Clerk
55Exhibit 1
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 6.
TO:
Honorable Mayor and City Council Members
FROM:
Michael B. O'Kelly, City Manager
BY:
Gustavo J. Romo, Deputy City Manager/Community Development Director SUBJECT:
A RESOLUTION APPROVING SALE CONTRACTS WITH KIA OF DOWNTOWN LOS ANGELES FOR THE PURCHASE OF UP TO FIVE (5) HYBRID VEHICLES FOR THE
COMMUNITY DEVELOPMENT DEPARTMENT
DATE:
April 22, 2024
RECOMMENDATION:
It is staff’s recommendation that the City Council by motion:
1 .
Adopt the attached resolution approving sale contracts with Kia of Downtown Los Angeles for the purchase of up to five (5) Kia Sportage Hybrid sport utility vehicles for a total not-to-exceed amount of $174,780.14; and 2 .
Appropriate a total of $180,000 from the General Fund, of which $90,000 will be reimbursed by the Energy Efficient Conservation Block Grant.
BACKGROUND/DISCUSSION:
Due to the limited number of hybrid vehicles available, and after looking at cooperative procurement solutions like
Sourcewell to obtain vehicles, and in order to comply with the City’s Purchasing Policy, Staff determined it needed to release a Request for Quotes to aquire the necessary vehicles. Therefore, staff released a Request for Quotes on December 18, 2023, with an original deadline of January 11, 2024, for a total of five (5) vehicles (Exhibit 2).
An
addendum to the bid deadline was made to extend the deadline to February 15, 2024 (Exhibit 2).
Two vehicles are needed for the City’s Building Division, two for the Code Enforcement Division, and one for the Planning Division. Although several inquiries were received about the vehicle needs, only two dealerships submitted quotes identifying the ability to provide vehicles. Based on the lowest price and best trim value, staff initially selected a different dealership, but the dealership shortly rescinded their offer, stating that they would not be able to fulfill the order after all. Staff then went on to the second bid who had identified at least two of the five (5) vehicles available (Exhibit 2).
Staff intends to purchase the two vehicles presently available (Exhibit 3 and 4) and move forward with the purchase of the other three vehicles once the dealership has secured them. The dealership will continue its efforts to secure the other three vehicles within the next six (6) to eight (8) weeks. Staff is requesting that the City Council authorize the City Manager through the proposed resolution to execute the future sale contracts for the additional three vehicles that will be purchased later.
The Community Development Department is requesting the replacement of the following vehicles.
Existing Vehicle
Replacement
Vehicle
Replacement Cost
56 Vehicle No. 02
2007 Ford Escape Hybrid SUV
(Building & Safety Division)
VIN: 1fmcu494x8kc13440
2024 Kia Sportage
Hybrid LX (steel gray
color)
$32,978.94 for vehicle
(incl. applicable licenses
and fees)
$1,600 for retrofitting with
lights and decals
TOTAL: $34,578.94
Vehicle No. 04
2007 Ford Escape Hybrid SUV
(Building & Safety Division)
VIN: 1fmcu49h18kbo3795
2024 Kia Sportage
Hybrid LX (white color)
$33,800.30 for vehicle
(incl. applicable licenses
and fees)
$1,600 for retrofitting with
lights and decals
TOTAL: $35,400.30
Vehicle No. 05
2007 Ford Escape Hybrid SUV
(Code Enforcement Division)
VIN: 1FMCU49H38KB03796
2024 Kia Sportage
Hybrid LX (
pending
:
white or gray color)
$33,800.30 for vehicle
(incl. applicable licenses
and fees)
$1,600 for retrofitting with
lights and decals
TOTAL: $35,400.30
Vehicle No. 03
2007 Ford Escape Hybrid SUV
(Code Enforcement Division)
VIN: 1FMCU49H98KC13462
2024 Kia Sportage
Hybrid LX (
pending
:
white or gray color)
$33,800.30 for vehicle
(incl. applicable licenses
and fees)
$1,600 for retrofitting with
lights and decals
TOTAL: $35,400.30
Vehicle No. N/A
2007 Ford Escape Hybrid SUV
(
Planning Division)
VIN: 1FMCU49H78KC13447
2024 Kia Sportage
Hybrid LX (
pending
:
white or gray color)
$33,800.30 for vehicle
(incl. applicable licenses
and fees)
$200 for decals
TOTAL: $34,000.30
Vehicle Descriptions
Vehicle No. 02 is a white
2007 Ford Escape Hybrid S
UV assigned to the Building Division for building inspection services. It was purchased new in 2007 and has 49,596 miles.
Vehicle No. 04 is a white 2007 Ford Escape Hybrid SUV assigned to the Building Division for building inspection services. It was purchased new in 2007 and has 40,001 miles.
Vehicle No. 05 is a white 2007 Ford Escape Hybrid SUV assigned to the Code Enforcement Division for code enforcement services. It was purchased new in 2007 and has 60,695 miles.
Vehicle No. 03 is a white 2007 Ford Escape Hybrid SUV assigned to the Code Enforcement Division for code enforcement services. It was purchased new in 2007 and has 71,219 miles.
Vehicle No. N/A is a white 2007 Ford Escape Hybrid SUV. It does not have a number associated with it and is assigned to the Planning Division for zoning/land use entitlement inspection services. It was purchased new in 2007 and has 6,860 miles.
Vehicle Conditions
57 All vehicles, except for the Planning vehicle, have exhibited electrical, mechanical, and powertrain issues throughout the years and are likely to require costly repairs in the future. Therefore, they will be auctioned off.
Because the Planning Division vehicle does not get driven daily like the building and code enforcement vehicles, it has lower miles and is in decent condition. Therefore, staff proposes to keep this vehicle for use by the City’s new Housing Division
inspector position, for which recruitment is currently in process.
Should this vehicle require extensive repairs in the future, staff will apply for additional grants to replace it, if necessary.
CONCLUSION:
If approved, the estimated delivery date for the first 2 vehicles is April 24, 2024. The remaining 3 vehicles are anticipated to be delivered in the next 6-8 weeks. Once purchased, staff will submit a request to the grant administrator for reimbursement to the General Fund of $90,000.
FISCAL IMPACT:
Staff is requesting an appropriation of
$180,000
for the purchases, which includes
funds for vehicle retrofitting and
minor adjustments
in case there is fluctuation in vehicle pricing. A total of $90,000 will be covered by the Energy
Efficient Conservation Block Grant
. A reimbursement request will be submitted immediately following the purchase of the vehicles. Therefore, the total fiscal impact to the City’s General Fund will be no more than $90,000.
ATTACHMENTS:
Description
Exhibit 1 - Resolution No. 2024-22
Exhibit 2- RFQ with Addendum and Quote
Exhibit 3- Vehicle Sale Contract 1
Exhibit 4- Vehicle Sale Contract 2
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 58 RESOLUTION NO. 2024-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEL L
GARDENS, CALIFORNIA, APPROVING SALE CONTRACTS WITH KIA
OF DOWNTOWN LOS ANGELES FOR THE PURCHASE OF UP TO FIVE
(5) HYBRID VEHICLES FOR THE COMMUNITY DEVELOPMENT
DEPARTMENT
WHEREAS, the City of Bell Gardens Community Development Dep artment needs to replace vehicles that were purchased in 20 07 and are in constant need of costly repairs; and
WHEREAS, staff was successful in obtaining an Energy Effici ent Conservation Block Grant for $90,000, which will cover approxima tely 51% of the vehicle purchase; and
WHEREAS, due to the limited number of hybrid vehicles avail able, and after unsuccessfully securing vehicles through a cooperat ive procurement agreement like Sourcewell, and in order to comply with the City’s Purchasing Policy, Staff determined it needed to release a Request for Quotes; and
WHEREAS, staff released a Request for Quotes on December 18, 2023, with an original deadline of January 11, 2024, and an adden dum to the bid deadline to extend the deadline to February 15, 2024; and
WHEREAS, several inquiries were received about the vehicle needs but only two dealerships submitted quotes identifying the ability to provide vehicles; and WHEREAS, the dealership that was initially selected informe d staff they would not be able to fulfill the order request and rescinded their offer; therefore, staff selected Kia of Downtown Los Angeles to provide two of the original five (5) vehicles requested, with direction to continue looking for the addition al three (3) vehicles for purchase as soon as they become available; and
WHEREAS, the City Council finds that the City has complied w ith the procurement process; and
WHEREAS, a total of $180,000, which includes retrofitting vehicles with lights and decals, will be allocated from the General Fund, of which $90,000 will be reimbursed by the Energy Efficient Conservation Block Grant; and
WHEREAS, the City desires to enter into sale contracts with Kia of Downtown Los Angeles for the purchase of up to five (5) Kia Sportage Hybrid LX vehicles at a total 59Exhibit 1
Resolution No. 2024-22
2 of 4
cost not-to-exceed $174,780.14; and
WHEREAS, the City Council hereby authorizes the City Manager to approve sale contracts for the remaining three vehicles needed for the Department without having to return for Council action.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council finds that the above recitals are true and correct and incorporate them herein.
SECTION 2. The City Council finds that the City has complied w ith local, state, and federal requirements for procurement.
SECTION 3. The City Council hereby approves sale contracts wit h Kia of Downtown Los Angeles for the purchase of up to five (5) Kia Sportage Hybrid LX vehicles in white or gray color for a total not-to-exceed cost of $174,780.14.
SECTION 4. The City Council further authorizes the City Manager to execute the sale contracts with Kia of Downtown Los Angeles consistent with this resolution along with any ancillary documents reasonably necessary t o effectuate the intent of this Resolution.
SECTION 5. The City Clerk shall attest and certify to the pass age and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
[Signatures on the following page ]
60Exhibit 1
Resolution No. 2024-22
3 of 4
PASSED, APPROVED and ADOPTED this 22 nd day of April 2024.
THE CITY OF BELL GARDENS
________________________________
Gabriela Gomez, Mayor
APPROVED AS TO FORM: ATTEST:
Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
61Exhibit 1
Resolution No. 2024-22
4 of 4
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
62Exhibit 1
REQUEST FOR QUOTATION (RFQ)
2024 Hybrid Sport Utility Vehicles
The City of Bell Gardens (“City”) is requesting bids for five (5) 2024 Hybrid Sport Utility Vehicle base models in either white or blue colors or combination with an MSRP between $28,000 to $35,000 .
The City will be selecting one manufacturer and dealership based on their ability to deliver five (5) identical hybrid base models with flexibility in white and/or blue colors. Vehicles must be able to be delivered to the City of Bell Gardens City Hall/Community Development Department at 7100 Garfield Avenue by March 7, 2024.
Submittal Information
Sealed bids (using attached City Quotation Form) must be received by the office of the City Clerk, City of Bell Gardens, 7100 Garfield Avenue, Bell Gardens, CA 90201, no later than: Thursday, January 11, 2024, at 4:00 p.m. Bids must be submitted in a sealed envelope. Bids received after the time and date indicated above shall be deemed nonresponsive and returned unopened. The complete RFQ package is posted on the City’s website page (View RFP’s and Bids) at https://www.bellgardens.org/i-want-to/view-bids-rfps/rfps-and-bids. If any changes or updates to the RFQ are made, they will be posted on this same webpage.
QUESTIONS
Questions regarding the information contained in the RFQ document must be submitted by email, and addressed to: Gustavo Romo , Director of Community Development , at [email protected]. All questions must be received by 4:00 p.m. on January 4, 2024. Answers will be responded to via email as received and posted on the City’s website page (View RFP’s and Bids) at https://www.bellgardens.org/i-want-to/view-bids-rfps/rfps-and-bids. Telephone requests for information or inquiries will not be allowed. The intent behind this requirement is to ensure bidders have available to them the same information and no inconsistent, incomplete or misinformation is communicated to any team. Bidders may not rely on any oral interpretations given by any City employee and may only rely upon officially issued, written addenda.
RIGHTS OF CITY
The City of Bell Gardens reserves the right to reject any or all bids or delete portions of any or all bids or waive any informality or irregularity in the bid or the bid procedures and shall be the sole judge of the bids received. The City reserves the right to award to the lowest responsive Bidder as deemed by the City.
63Exhibit 2
Quotation Form
ITEM DESCRIPTION as specified in Request for Quotation BID PRICE TOTAL 1 2024 ______________________________________
Hybrid SUV base model
$
2 2024 ______________________________________
Hybrid SUV base model
3 2024 ______________________________________
Hybrid SUV base model
4 2024 ______________________________________
Hybrid SUV base model
5 2024 ______________________________________
Hybrid SUV base model
6 Applicable taxes and fees: ________________ (x 5): $
8 Bid Grand Total for 5 Vehicles
(with taxes and fees)
$
Note: Buyer is License Exempt as a local government jurisdiction.
Vehicle anticipated delivery date:
BIDDER’S AUTHORIZATION:
COMPANY NAME:
NAME AND TITLE OF
PERSON AUTHORIZED
TO SUBMIT BID ON
BEHALF OF COMPANY:
SIGNATURE:
ADDRESS:
PHONE:
EMAIL:
BID DATE:
“Must Haves” Vehicle Specifications for 2024 Hybrid Base Model SUV Exterior color: White and/or Blue
Automatic Transmission
Hybrid Engine
Air Conditioning
Power Windows and Door Locks
Pricing must remain valid for sixty (60) days from the date the bid proposal is submitted. 64Exhibit 2
65Exhibit 2
66Exhibit 2
67Exhibit 2
553-CA-ARB-eps-14 3/23
LAW 553-CA-ARB-eps-14 3/23 v1 Page 1 of 5Buyer Initials Co-Buyer Initials Y ou, the Buyer (and Co-Buyer, if any), may buy the vehicle below for cash or on credit. By signing this contract, you choose to buy the vehicle on credit under the agreements in this contract. Y ou agree to pay the Seller - Creditor (sometimes ‘‘we’’ or ‘‘us’’ in this contract) the Amount Financed and Finance Charge in U.S. funds according to the payment schedule below. We will figure your finance charge on a daily basis. The Truth-In-Lending Disclosures below are part of this contract.
Late Charge. If payment is not received in full within 10 days after it is due, you will pay a late charge of 5% of the part of the payment that is late.
Prepayment. If you pay early, you may be charged a minimum finance charge.
Security Interest. You are giving a security interest in the vehicle being purchased.
Additional Information: See this contract for more information including information about nonpayment, default, any required repayment in full before the scheduled date, minimum finance charges, and security interest.
RETAIL INSTALLMENT SALE CONTRACT – SIMPLE FINANCE CHARGE (WITH ARBITRATION PROVISION) (e)(e)
Buyer Name and Address (Including County and Zip Code)
Cell:
Email:
Co-Buyer Name and Address (Including County and Zip Code) Cell:
Email:
Seller-Creditor (Name and Address)
FEDERAL TRUTH-IN-LENDING DISCLOSURES
ANNUAL
PERCENTAGE
RATE
The cost of
your credit as
a yearly rate.
%
FINANCE
CHARGE
The dollar
amount the
credit will
cost you.
$
Amount
Financed
The amount of
credit provided
to you or
on your behalf.
$
(e) means an estimate
YOUR PAYMENT SCHEDULE WILL BE:
Number of Payments:
One Payment of
Amount of Payments: When Payments Are Due:
One Payment of
One Payment of
One final payment
Total of
Payments
The amount you
will have paid after
you have made all
payments as
scheduled.
$
Total Sale
Price
The total cost of
your purchase on
credit, including
your down
payment of
$i s
$
beginning
(e) (e)
Personal, family, or household unless
otherwise indicated below
/H18554business or commercial
New/Used Y ear Make and Model Odometer Vehicle Identification Number Primary Use For Which Purchased $
$
$
$
$
$
STATEMENT OF INSURANCE
NOTICE. No person is required as a condition of financing the purchase of a motor vehicle to purchase or negotiate any insurance through a particular insurance company, agent or broker. Y ou are not required to buy any other insurance to obtain credit. Y our decision to buy or not buy other insurance will not be a factor in the credit approval process.
Vehicle Insurance
Term Premium
$ Ded. Comp., Fire & Theft Mos. $
$ Ded. Collision Mos. $
Bodily Injury $ Limits Mos. $
Property Damage $ Limits Mos. $
Medical Mos. $
Mos. $
Total Vehicle Insurance Premiums $
UNLESS A CHARGE IS INCLUDED IN THIS AGREEMENT
FOR PUBLIC LIABILITY OR PROPERTY DAMAGE
INSURANCE, PAYMENT FOR SUCH COVERAGE IS NOT
PROVIDED BY THIS AGREEMENT.
Y ou may buy the physical damage insurance this contract requires from anyone you choose who is acceptable to us. Y ou may also provide the physical damage insurance through an existing policy owned or controlled by you that is acceptable to us. Y ou are not required to buy any other insurance to obtain credit.
Buyer
Co-Buyer
Seller
X
X
X
SELLER’S RIGHT TO CANCEL If Buyer and Co-Buyer sign here, the provisions of the Seller’s Right to Cancel section on page 4 of this contract giving the S eller the right to cancel if Seller is unable to assign this contract to a financial institution will apply.
Buyer X Co-Buyer X
AUTO BROKER FEE DISCLOSURE
If this contract reflects the retail sale of a new motor vehicle, the sale is not subject to a fee received by an autobroker fr om us unless the following box is checked:
□ Name of autobroker receiving fee, if applicable:
HOW THIS CONTRACT CAN BE CHANGED. This contract contains the entire agreement between you and us relating to this contract. Any change to the contract must be in writing and both you and we must sign it. No oral changes are binding.
Buyer Signs X Co-Buyer Signs X
Trade-In Payoff Agreement:Seller relied on information from you and/or the lienholder or lessor of your trade-in vehicle(s) to arrive at the payoff amount shown as the Prior Credit or Lease Balance in Trade-In Vehicle(s). You understand that the amount quoted is an estimate. Seller agrees to pay the payoff amount shown as t he Prior Credit or Lease Balance in Trade-In Vehicle(s) to the lienholder or lessor of the trade-in vehicle(s), or its designee. If the actual payoff amount is more than the amount shown as the Prior Credit or Lease Balance in Trade-In Vehicle(s), you must pay the Seller the excess on demand. If the actual payoff amount is less than the amount shown as the Prior Credit or Lease Balance in Trade-In Vehicle(s), Seller will refund to you any overage Seller receives from your prior lienholder or lessor. Except as stated in the “NOTICE” on page 4 of this contract, any assignee of this contract will not be obligated to pay the Prior Credit or Lease Balance shown in Trade-In Vehicle(s) or any refund. You agree to sign or provide any documents Seller reasonably requires to effect the transfer of the Trade-In Vehicle to Seller or its designee.
Buyer Signature X Co-Buyer Signature X
Agreement to Arbitrate: By signing below, you agree that, pursuant to the Arbitration Provision on page 5 of this contract, you or we may elect to reso lve any dispute by neutral, binding arbitration and not by a court action. See the Arbitration Provision for additional information con cerning the agreement to arbitrate.
Buyer Signs X Co-Buyer Signs X
CITY OF BELL GARDENS N/A 7100 GARFIELD AVE BELL GARDENS CA KIA DOWNTOWN LOS ANGELES 90201 LOS ANGELES 1945 S FIGUEROA ST LOS ANGELES CA 90007-1338 N/A LOS ANGELES N/A
KIA
NEW 2024 SPORTAGE HYBRID KNDPU3DG4R7120979
0.00 0.00 0.00 32978.94 32978.94 32978.94 N/A N/A N/A
N/A N/A N/A
N/A N/A N/A
N/A N/A N/A
N/A N/A N/A
N/A N/A N/A N/A N/A
N/A
N/A N/A
N/A N/A
MONTHLY
1 32978.94 06/04/2024
N/A N/A N/A
N/A
N/A
N/A N/A
N/A
N/A
N/A
N/A
N/A
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68Exhibit 3
LAW 553-CA-ARB-eps-14 3/23 v1 Page 2 of 5Buyer Initials Co-Buyer Initials ITEMIZATION OF THE AMOUNT FINANCED (Seller may keep part of the amounts paid to others.)
1. Total Cash Price
A. Cash Price of Motor Vehicle and Accessories
1. Cash Price Vehicle
2. Cash Price Accessories
3. Other (Nontaxable) Describe
4. Other (Nontaxable) Describe
B. Document Processing Charge (not a governmental fee) C. Emissions Testing Charge (not a governmental fee)
D. (Optional) Theft Deterrent Device(s)
1. (paid to)
2. (paid to)
3. (paid to)
E. (Optional) Surface Protection Product(s)
1. (paid to)
2. (paid to)
F . EV Charging Station (paid to)
G.
Sales Tax (on taxable items in A through F)
H. Electronic Vehicle Registration or Transfer Charge
(not a governmental fee) (paid to)
I. (Optional) Service Contract(s)
1. (paid to)
2. (paid to)
3. (paid to)
4. (paid to)
5. (paid to)
J. Prior Credit or Lease Balance (e) paid by Seller to (see downpayment and trade-in calculation)
K. Prior Credit or Lease Balance (e) paid by Seller to (see downpayment and trade-in calculation)
L.
(Optional) Debt Cancellation Agreement or Guaranteed Asset Protection Waiver M. (Optional) Used Vehicle Contract Cancellation Option Agreement N. Other paid to For
O. Other paid to For
Total Cash Price (A through O)
2. Amounts Paid to Public Officials
A. Vehicle License Fees
B. Registration/Transfer/Titling Fees
C. California Tire Fees
D. Other
Total Official Fees (A through D)
3. Amount Paid to Insurance Companies (Total premiums from Statement of Insurance)
4. /H18554State Emissions Certification Fee or /H18554State Emissions Exemption Fee
5. Subtotal (1 through 4)
6. Total Downpayment
A. Total Agreed Value of Property Being Traded-In (see Trade-In Vehicle(s)):
Vehicle 1 $ Vehicle 2 $
B. Total Less Prior Credit or Lease Balance (e)
Vehicle 1 $ Vehicle 2 $
C. Total Net Trade-In (A–B)
Vehicle 1 $ Vehicle 2 $
D. Deferred Downpayment Payable to Seller
E. Manufacturer’s Rebate
F . Other
G. Other
H. Other
I. Cash, Cash Equivalent, Check, Credit Card, or Debit Card
Total Downpayment (C through I)
(If negative, enter zero on line 6 and enter the amount less than zero as a positive number on line 1J and/or 1K above)
7. Amount Financed (5 less 6)
$ (A)
$
$
$
$
$
(B)
$ (C)
$ (D1)
$ (D2)
$ (D3)
$ (E1)
$ (E2)
$ (F)
$ (G)
$ (H)
$ (I1)
$ (I2)
$ (I3)
$ (I4)
$ (I5)
$ (J)
$ (K)
$ (L)
$ (M)
$ (N)
$ (O)
$ (1)
$ (A)
$ (B)
$ (C)
$ (D)
$ (2)
$ (3)
$ (4)
$ (5)
$ (A)
$ (B)
$ (C)
$ (D)
$ (E)
$ (F)
$ (G)
$ (H)
$ (I)
$ (6)
$ (7)
OPTIONAL SERVICE CONTRACT(S) Y ou want to
purchase the service contract(s) written with the
following company(ies) for the term(s) shown below
for the charge(s) shown in item 1I.
I1 Company
Term Mos. or Miles
I2 Company
Term Mos. or Miles
I3 Company
Term Mos. or Miles
I4 Company
Term Mos. or Miles
I5 Company
Term Mos. or Miles
Buyer X
THE MINIMUM PUBLIC LIABILITY INSURANCE LIMITS PROVIDED IN LAW MUST BE MET BY EVERY PERSON WHO PURCHASES A VEHICLE. IF YOU ARE U NSURE WHETHER OR NOT YOUR CURRENT INSURANCE POLICY WILL COVER YOUR NEWLY ACQUIRED VEHICLE IN THE EVENT OF AN ACCIDENT, YOU SHOULD CONTACT YOUR INSURANCE AGENT.
WARNING:
YOUR PRESENT POLICY MAY NOT COVER COLLISION DAMAGE OR MAY NOT PROVIDE FOR FULL REPLACEMENT COSTS FOR THE VEHICLE BEING PURCHASE D. IF YOU DO
NOT HAVE FULL COVERAGE, SUPPLEMENTAL COVERAGE FOR COLLISION DAMAGE MAY BE AVAILABLE TO YOU THROUGH YOUR INSURANCE AGENT OR THRO UGH THE SELLING DEALER. HOWEVER, UNLESS OTHERWISE SPECIFIED, THE COVERAGE YOU OBTAIN THROUGH THE DEALER PROTECTS ONLY THE DEALER, USUALLY UP TO THE AMOUNT OF THE UNPAID BALANCE REMAINING AFTER THE VEHICLE HAS BEEN REPOSSESSED AND SOLD.
FOR ADVICE ON FULL COVERAGE THAT WILL PROTECT YOU IN THE EVENT OF LOSS OR DAMAGE TO YOUR VEHICLE, YOU SHOULD CONTACT YOUR INSURANCE AGENT.
THE BUYER SHALL SIGN TO ACKNOWLEDGE THAT HE/SHE UNDERSTANDS THESE PUBLIC LIABILITY TERMS AND CONDITIONS.
S/S X X
OPTION: /H18554Y ou pay no finance charge if the Amount Financed, item 7, is paid in full on or before , Year . SELLER’S INITIALS Trade-In Vehicle(s)
1. Vehicle 1
Y ear Make
Model Odometer
VIN
a. Agreed Value of Property $
b.
Buyer/Co-Buyer Retained Trade Equity $
c. Agreed Value of Property
Being Traded-In (a–b) $
d. Prior Credit or Lease Balance $
e.
Net Trade-In (c–d) (must be ≥ 0
for buyer/co-buyer to retain equity) $
2. Vehicle 2
Y ear Make
Model Odometer
VIN
a. Agreed Value of Property $
b.
Buyer/Co-Buyer Retained Trade Equity $
c. Agreed Value of Property
Being Traded-In (a–b) $
d. Prior Credit or Lease Balance $
e.
Net Trade-In (c–d) (must be ≥ 0
for buyer/co-buyer to retain equity) $
Total Agreed Value of Property
Being Traded-In (1c+2c) $ *
Total Prior Credit or Lease
Balance (1d+2d) $ *
Total Net Trade-In (1e+2e) $ *
(*See item 6A–6C in the Itemization of Amount Financed)
OPTIONAL DEBT CANCELLATION AGREEMENT OR
GUARANTEED ASSET PROTECTION WAIVER. A debt
cancellation agreement or guaranteed asset protection
waiver (GAP waiver) is not required to obtain credit and will not be provided unless you sign below and agree to pay the extra charge. If you choose to buy debt cancellation or a GAP waiver, the charge is shown in item 1L of the Itemization of Amount Financed. See your agreement for details on the
terms and conditions it provides. It is a part of this contract.
Term Mos.
I want to buy a debt cancellation agreement or GAP waiver.
Buyer Signs X
Name of Agreement
29790.00
29790.00
N/A
N/A N/A
N/A N/A
85.00 N/A N/A N/A
N/A N/A
N/A N/A
N/A N/A
N/A N/A
N/A N/A
N/A N/A
3062.19 N/A
N/A N/A 33.00 N/A
N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A
N/A N/A
N/A
N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 32970.19 N/A
N/A N/A
N/A N/A 8.75 N/A N/A N/A
8.75 N/A N/A
N/A N/A N/A 32978.94 N/A N/A
N/A N/A N/A N/A N/A N/A N/A
N/A N/A N/A N/A N/A N/A N/A
N/A N/A N/A
N/A N/A
N/A N/A N/A N/A N/A
N/A N/A 0.00 N/A
32978.94
N/A N/A N/A
N/A
N/A
Preview
69Exhibit 3
LAW 553-CA-ARB-eps-14 3/23 v1 Page 3 of 5Buyer Initials Co-Buyer Initials
1. FINANCE CHARGE AND PAYMENTS
a. How we will figure Finance Charge. We will figure the Finance Charge on a daily basis at the Annual Percentage Rate on the unpaid part of the Amount Financed. Seller - Creditor may receive part of the Finance Charge.
b. How we will apply payments. We may apply each
payment to the earned and unpaid part of the Finance
Charge, to the unpaid part of the Amount Financed and to other amounts you owe under this contract in any order we choose as the law allows.
c.
How late payments or early payments change what you
must pay. We based the Finance Charge, Total of
Payments, and Total Sale Price shown on page 1 of this
contract on the assumption that you will make every
payment on the day it is due. Y our Finance Charge, Total of Payments, and Total Sale Price will be more if you pay late and less if you pay early. Changes may take the form of a larger or smaller final payment or, at our option, more or fewer payments of the same amount as your scheduled
payment with a smaller final payment. We will send you a notice telling you about these changes before the final scheduled payment is due.
d. You may prepay. Y ou may prepay all or part of the unpaid part of the Amount Financed at any time. If you do so, you must pay the earned and unpaid part of the Finance
Charge and all other amounts due up to the date of your payment. As of the date of your payment, if the minimum finance charge is greater than the earned Finance Charge, you may be charged the difference; the minimum finance
charge is as follows: (1) $25 if the original Amount
Financed does not exceed $1,000, (2) $50 if the original Amount Financed is more than $1,000 but not more than
$2,000, or (3) $75 if the original Amount Financed is more than $2,000.
2. YOUR OTHER PROMISES TO US
a. If the vehicle is damaged, destroyed, or missing. Yo u agree to pay us all you owe under this contract even if the vehicle is damaged, destroyed, or missing.
b. Using the vehicle. Y ou agree not to remove the vehicle from the U.S. or Canada, or to sell, rent, lease, or transfer any interest in the vehicle or this contract without our written permission. Y ou agree not to expose the vehicle to misuse, seizure, confiscation, or involuntary transfer. If we pay any repair bills, storage bills, taxes, fines, or charges on the vehicle, you agree to repay the amount when we
ask for it.
c. Security Interest.
Y ou give us a security interest in:
• The vehicle and all parts or goods put on it;
• All money or goods received (proceeds) for the
vehicle;
• All insurance, maintenance, service, or other
contracts we finance for you; and
• All proceeds from insurance, maintenance, ser vice,
or other contracts we finance for you. This includes
any refunds of premiums or charges from the
contracts.
This secures payment of all you owe on this contract. It also secures your other agreements in this contract as the law allows. Y ou will make sure the title shows our security interest (lien) in the vehicle. Y ou will not allow any other security interest to be placed on the title without our written permission.
d. Insurance you must have on the vehicle.
Y ou agree to have physical damage insurance covering
loss of or damage to the vehicle for the term of this
contract. The insurance must cover our interest in the
vehicle. Y ou agree to name us on your insurance policy as loss payee. If you do not have this insurance, we may, if we choose, buy physical damage insurance. If we decide to
buy physical damage insurance, we may either buy
insurance that covers your interest and our interest in the vehicle, or buy insurance that covers only our interest. If we buy either type of insurance, we will tell you which type and the charge you must pay. The charge will be the premium for the insurance and a finance charge computed at the
Annual Percentage Rate shown on page 1 of this contract or, at our option, the highest rate the law permits. If the vehicle is lost or damaged, you agree that we may use any insurance settlement to reduce what you owe or repair the vehicle.
e. What happens to returned insurance, maintenance,
service, or other contract charges. If we get a refund of insurance, maintenance, service, or other contract
charges, you agree that we may subtract the refund from what you owe.
3. IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES
a. You may owe late charges. Y ou will pay a late charge on each late payment as shown on page 1 of this contract.
Acceptance of a late payment or late charge does not
excuse your late payment or mean that you may keep
making late payments. If you pay late, we may also take the steps described below.
b. You may have to pay all you owe at once. If you break your promises (default), we may demand that you pay all you owe on this contract at once, subject
to any right the
law gives you to reinstate this contract.
Default means:
• Y ou do not pay any payment on time;
• Y ou give false, incomplete, or misleading information during credit application;
• The vehicle is lost, damaged, or destroyed; or
• Y ou break any agreements in this contract.
The amount you will owe will be the unpaid part of the
Amount Financed plus the earned and unpaid part of the
Finance Charge, any late charges, and any amounts due
because you defaulted.
c. You may have to pay collection costs. Y ou will pay
our reasonable costs to collect what you owe, including attorney fees, court costs, collection agency
fees, and fees
paid for other reasonable collection efforts. Y ou agree to pay a charge not to exceed $15 if any check you give to us is dishonored.
d. We may take the vehicle from you. If you default, we may take (repossess) the vehicle from you if we do so
peacefully and the law allows it. If your vehicle has an electronic tracking device (such as GPS), you agree that we may use the device to find the vehicle. If we take the vehicle, any accessories, equipment, and replacement
parts will stay with the vehicle. If any personal items are in the vehicle, we may store them for you. I
f you do not ask for
these items back, we may dispose of them as the law
allows.
e. How you can get the vehicle back if we take it. If we repossess the vehicle, you may pay to get it back
(redeem). Y ou may redeem the vehicle by paying all you owe, or you may have the right to reinstate this contract and redeem the vehicle by paying past due payments and
any late charges, providing proof of insurance, and/or
taking other action to cure the default. We will provide you all notices required by law to tell you when and how much to pay and/or what action you must take to redeem the
vehicle.
f. We will sell the vehicle if you do not get it back. If you do not redeem, we will sell the vehicle. We will send you a written notice of sale before selling the vehicle.
We will apply the money from the sale, less allowed
expenses, to the amount you owe. Allowed expenses are
expenses we pay as a direct result of taking the vehicle, holding it, preparing it for sale, and selling it. Attorney fees and court costs the law permits are also allowed expenses.
If any money is left (surplus), we will pay it to you unless the law requires us to pay it to someone else. If money from the sale is not enough to pay the amount you owe, you
must pay the rest to us. If you do not pay this amount when we ask, we may charge you interest at the Annual
Percentage Rate shown on page 1 of this contract, not to exceed the highest rate permitted by law, until you pay. g. What we may do about optional insurance, main-
tenance, service, or other contracts. This contract may contain charges for optional insurance, maintenance,
service, or other contracts. If we demand that you pay all you owe at once or we repossess the vehicle, you agree
that we may claim benefits under these contracts and
cancel them to obtain refunds of unearned charges to
reduce what you owe or repair the vehicle. If the vehicle is a total loss because it is confiscated, damaged, or stolen, we may claim benefits under these contracts and cancel
them to
obtain refunds of unearned charges to reduce what
you owe.
4. WARRANTIES SELLER DISCLAIMS
If you do not get a written warranty, and the Seller does not enter into a service contract within 90 days from the date of this contract, the Seller makes no warranties, express or implied, on the vehicle, and there will be no implied
warranties of merchantability or of fitness for a particular purpose.
This provision does not affect any warranties covering the vehicle that the vehicle manufacturer may provide. If the Seller has sold you a certified used vehicle, the warranty of
merchantability is not disclaimed.
OTHER IMPORTANT AGREEMENTS
GAP LIABILITY NOTICE
In the event of theft or damage to your vehicle that
results in a total loss, there may be a gap between the amount you owe under this contract and the proceeds
of your insurance settlement and deductible. THIS
CONTRACT PROVIDES THAT YOU ARE LIABLE FOR
THE GAP AMOUNT. An optional debt cancellation
agreement for coverage of the gap amount may be
offered for an additional charge.
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Preview
70Exhibit 3
LAW 553-CA-ARB-eps-14 3/23 v1 Page 4 of 5Buyer Initials Co-Buyer Initials
5. Used Car Buyers Guide. The information you see on the window form for this vehicle is part of this contract.
Information on the window form overrides any contrary
provisions in the contract of sale.
Spanish Translation: Guía para compradores de vehículos usados. La información que ve en el formulario de la
ventanilla para este vehículo forma parte del presente
contrato. La información del formulario de la ventanilla deja sin efecto toda disposición en contrario contenida en el contrato de venta.
6. SERVICING AND COLLECTION CONTACTS
In consideration of our extension of credit to you, you agree to provide us your contact information for our servicing and collection purposes. Y ou agree that we may use this information to contact you in writing, by e-mail, or using prerecorded/artificial voice messages, text messages, and automatic telephone dialing systems, as the law allows. Y ou also agree that we may try to contact you in these and other ways at any address or telephone number you provide us, even if the telephone number is a cell phone number or the contact results in a charge to you. Y ou agree to allow our agents and service providers to contact you as agreed above.
Y ou agree that you will, within a reasonable time, notify us of any change in your contact information.
7. APPLICABLE LAW
Federal law and California law apply to this contract. If any part of this contract is not valid, all other parts stay valid. We may delay or refrain from enforcing any of our rights under this contract without losing them. For example, we may extend the time for making some payments without extending the time for making others.
8. WARRANTIES OF BUYER
Y ou promise you have given true and correct information during your application for credit, and you have no knowledge that will make that information untrue in the future. We have relied on the truth and accuracy of that information in entering into this contract. Upon request, you will provide us with documents and other information necessary to verify any item contained in your credit application.
9. NEGATIVE CREDIT REPORT NOTICE
We may report information about your account to credit
bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.
Y ou waive the provisions of Calif. Vehicle Code Section 1808.21 and authorize the California Department of Motor Vehicles to furnish your residence address to us.
CREDIT DISABILITY INSURANCE NOTICE
CLAIM PROCEDURE
If you become disabled, you must tell us right away. (Y ou are advised to send this information to the same address to which you are normally required to send your payments, unless a different address or telephone number is given to you in writing by us as the location where we would like to be notified.) We will tell you where to get claim forms. Y ou must send in the completed form to the insurance company as soon as possible and tell us as soon as you do.
If your disability insurance covers all of your missed payment(s), WE
CANNOT TRY TO COLLECT WHAT YOU OWE OR FORECLOSE
UPON OR REPOSSESS ANY COLLATERAL UNTIL THREE
CALENDAR MONTHS AFTER your first missed payment is due or until the insurance company pays or rejects your claim, whichever comes first. We can, however, try to collect, foreclose, or repossess if you have any money due and owing us or are otherwise in default when your disability claim is made or if a senior mortgage or lien holder is foreclosing.
If the insurance company pays the claim within the three calendar months, we must accept the money as though you paid on time. If the insurance company rejects the claim within the three calendar months or accepts the claim within the three calendar months on a partial disability and pays less than for a total disability, you will have 35 days from the date that the rejection or the acceptance of the partial disability claim is sent to pay past due payments, or the difference between the past due payments and what the insurance company pays for the partial disability, plus late charges. Y ou can contact us, and we will tell you how much you owe. After that time, we can take action to collect or foreclose or repossess any collateral you may have given.
If the insurance company accepts your claim but requires that you send in additional forms to remain eligible for continued payments, you should send in these completed additional forms no later than required. If you do not send in these forms on time, the insurance company may stop paying, and we will then be able to take action to collect or foreclose or repossess any collateral you may have given.
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH
THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
The preceding NOTICE applies only to goods or services obtained primarily for personal, family or household use. In all other cases, Buyer will not assert against any subsequent holder or assignee of this contract any claims or defenses the Buyer (debtor) may have against the Seller, or against the manufacturer of the vehicle or equipment obtained under this contract.
Seller’s Right to Cancel
a. Seller agrees to deliver the vehicle to you on the date this contract is signed by Seller and you. Y ou understand that it may take some time for Seller to verify your credit and assign the contract. Y ou agree that if Seller is unable to assign the contract to any one of the financial institutions with whom Seller regularly does business under an assignment acceptable to Seller, Seller may cancel the contract.
b. Seller shall give you written notice (or in any other manner in which actual notice is given to you) within 10 days of the date this contract is signed if Seller elects to cancel. Upon receipt of such notice, you must immediately return the vehicle to Seller in the same condition as when sold, reasonable wear and tear excepted. Seller must give back to you all consideration received by Seller, including any trade-in vehicle.
c. If you do not immediately return the vehicle, you shall be liable for all expenses incurred by Seller in taking the vehicle from you, including reasonable attorney’s fees.
d. While the vehicle is in your possession, all terms of the contract, including those relating to use of the vehicle and insurance for the vehicle, shall be in full force and you shall assume all risk of loss or damage to the vehicle. Y ou must pay all reasonable costs for repair of any damage to the vehicle until the vehicle is returned to Seller.
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71Exhibit 3
LAW 553-CA-ARB-eps-14 3/23 v1 Page 5 of 5
FORM NO. 553-CA-ARB-eps-14 (REV. 3/23)
©2023 The Reynolds and Reynolds Company
THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO CONTENT OR FITNESS FOR PURPOSE OF THIS FORM. CONSULT YOUR OWN LEGAL COUNSEL.
ARBITRATION PROVISION
PLEASE REVIEW - IMPORTANT - AFFECTS YOUR LEGAL RIGHTS
1. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN YOU AND US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL.
2. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR
CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
3. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitrati on Provision, any allegation of waiver of rights under this Arbitration Provision, and the arbitrability of the claim or dispute), between you and us or our em ployees, agents, successors or assigns, which arises out of or relates to your credit application, purchase or condition of this Vehicle, this contract or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract) shall, at your or our election, be resolved by neutral, binding arbitration and not by a court action. If federal law provides that a claim or dispute is not subject to binding arbitration, this Arbitration Provision shall not apply to such claim or dispute. Any claim or dispute is to be arbitrated by a single arbitrator only on an individual basis and not as a plaintiff in a collective or representative action, or a class representative or member of a class on any class claim. The arbitrator may not preside over a consolidated, representative, class, collective, injunctive, or private attorney general action. Y ou expressly waive any right you may have to arbitrate a consolidated, represe ntative, class, collective, injunctive, or private attorney general action. Y ou or we may choose the American Arbitration Association (www.adr.org) or National Arbitration and Mediation (www.namadr.com) as the arbitration organization to conduct the arbitration. If you and we agree, you or we may choose a different arbitration organization.
Y ou may get a copy of the rules of an arbitration organization by contacting the organization or visiting its website.
Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall a pply governing substantive law and the applicable statute of limitations. The arbitration hearing shall be conducted in the federal district in which you resi de unless the Seller-Creditor is a party to the claim or dispute, in which case the hearing will be held in the federal district where this transaction was origin ated. We will pay the filing, administration, service, or case management fee and the arbitrator or hearing fee up to a maximum of $5,000, unless the law or the rules of the chosen arbitration organization require us to pay more. Y ou and we will pay the filing, administration, service, or case management fee and the arbitrator or hearing fee over $5,000 in accordance with the rules and procedures of the chosen arbitration organization. The amount we pay may be re imbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims is frivolous under applicable law. Each part y shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law. If the chosen arbitration organization' s rules conflict with this Arbitration Provision, then the provisions of this Arbitration Provision shall control. Any arbitration under this Arbitration Provision shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) and not by any state law concerning arbitration. Any award by the arbitrator shall be in writing and will be final and binding on all parties, subject to any limited right to appeal under the Federal Arbitration Act.
Y ou and we retain the right to seek remedies in small claims court for disputes or claims within that court's jurisdiction, unl ess such action is transferred, removed or appealed to a different court. Neither you nor we waive the right to arbitrate any related or unrelated claims by fi ling any action in small claims court, or by using self-help remedies, such as repossession, or by filing an action to recover the vehicle, to recover a deficiency balance, or for individual or statutory public injunctive relief. Any court having jurisdiction may enter judgment on the arbitrator's award. This Arbitratio n Provision shall survive any termination, payoff or transfer of this contract. If any part of this Arbitration Provision, other than waivers of class rights , is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. Y ou agree that you expressly waive any right you may have for a claim or dispute to be resolved on a class basis in court or in arbitration. If a court or arbitrator finds that this class arbitration waiver is unenforceable for any reason with respect to a claim or dispute in which class allegations have been made, the rest of this Arbitration Provision shall also be unenforce able.
YOU AGREE TO THE TERMS OF THIS CONTRACT. YOU
CONFIRM THAT BEFORE YOU SIGNED THIS CONTRACT, WE
GAVE IT TO YOU, AND YOU WERE FREE TO TAKE IT AND
REVIEW IT. YOU ACKNOWLEDGE THAT YOU HAVE READ
ALL PAGES OF THIS CONTRACT, INCLUDING THE
ARBITRATION PROVISION ABOVE, BEFORE SIGNING
BELOW. YOU CONFIRM THAT YOU RECEIVED A
COMPLETELY FILLED-IN COPY WHEN YOU SIGNED IT.
Buyer Signature X Date Co-Buyer Signature X Date
Buyer Printed Name Co-Buyer Printed Name
If the "business" use box is checked in "Primary Use for Which Purchased": Print Name Title Co-Buyers and Other Owners — A co-buyer is a person who is responsible for paying the entire debt. An other owner is a person w hose name is on the title to the vehicle but does not have to pay the debt. The other owner agrees to the security interest in the vehicle given to us in this contract.
Other Owner Signature X Address
THERE IS NO COOLING-OFF PERIOD UNLESS YOU OBTAIN A CONTRACT CANCELLATION OPTION California law does not provide for a ‘‘cooling-off’’ or other cancellation period for vehicle sales. Therefore, you cannot later cancel this contract simply because you change your mind, decide the vehicle costs too much, or wish you had acquired a different vehicle. After you sign below, you may only cancel this contract with the agreement of the seller or for legal cause, such as fraud. However, California law does require a seller to offer a two-day contract cancellation option on used vehicles with a purchase price of less than forty thousand dollars ($40 ,000), subject to certain statutory conditions. This contract cancellation option requirement does not apply to the sale of a recreational vehicle, a motorcycle, or an off-highway motor vehicle subject to identification under California law. See the vehicle contract cancellation option agree ment for details.
Seller Signs Date By X Title
The Annual Percentage Rate may be negotiable with the Seller. The Seller may assign this contract and retain its right to receive a part of the Finance Charge.
Notice to buyer: (1) Do not sign this agreement before you read it or if it contains any blank spaces to be filled in. (2) You are entitled to a completely filled in copy of this agreement. (3) You can prepay the full amount due under this agreement at any time. (4) If you default in the perf ormance of your obligations under this agreement, the vehicle may be repossessed and you may be subject to suit and liability for the unpaid indebtedness evidenced by this agreement.
If you have a complaint concerning this sale, you should try to resolve it with the seller.
Complaints concerning unfair or deceptive practices or methods by the seller may be referred to the city attorney, the district attorney, or an investigator for the Department of Motor Vehicles, or any combination thereof.
After this contract is signed, the seller may not change the financing or payment terms unless you agree in writing to the chan ge. You do not have to agree to any change, and it is an unfair or deceptive practice for the seller to make a unilateral change.
Buyer Signature X Co-Buyer Signature X
GUARANTY: To induce us to sell the vehicle to Buyer, each person who signs as a Guarantor individually guarantees the payment of this contract. If Buyer fails to pay any money owing on this contract, each Guarantor must pay it when asked. Each Guarantor will be liable for the total amount owing even if other persons also sign as Guarantor, and e ven if Buyer has a complete defense to Guarantor’s demand for reimbursement. Each Guarantor agrees to be liable even if we do one or more of the following: (1) give the Buyer more time to pay one or more payments; (2) g ive a full or partial release to any other Guarantor; (3) release any security; (4) accept less from the Buyer than the total amount owing; or (5) otherwise reach a settlement relating to this contract or extend the contract. Each Guarantor acknowledges receipt of a completed copy of this contract and guaranty at the time of signing.
Guarantor waives notice of acceptance of this Guaranty, notice of the Buyer’s non-payment, non-performance, and default; and notices of the amount owing at any time, and of any demands upon the Buyer.
Guarantor X Date Guarantor X Date
Address Address
By X Title
Seller assigns its interest in this contract to (Assignee) under the terms of Seller’s agreement(s) with Assignee. /H18554Assigned with recourse /H18554 Assigned without recourse /H18554 Assigned with limited recourse Seller
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CITY OF BELL GARDENS N/A
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KIA DOWNTOWN LOS ANGELES 04/20/24
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KIA DOWNTOWN LOS ANGELES
Preview
72Exhibit 3
553-CA-ARB-eps-14 3/23
LAW 553-CA-ARB-eps-14 3/23 v1 Page 1 of 5Buyer Initials Co-Buyer Initials Y ou, the Buyer (and Co-Buyer, if any), may buy the vehicle below for cash or on credit. By signing this contract, you choose to buy the vehicle on credit under the agreements in this contract. Y ou agree to pay the Seller - Creditor (sometimes ‘‘we’’ or ‘‘us’’ in this contract) the Amount Financed and Finance Charge in U.S. funds according to the payment schedule below. We will figure your finance charge on a daily basis. The Truth-In-Lending Disclosures below are part of this contract.
Late Charge. If payment is not received in full within 10 days after it is due, you will pay a late charge of 5% of the part of the payment that is late.
Prepayment. If you pay early, you may be charged a minimum finance charge.
Security Interest. You are giving a security interest in the vehicle being purchased.
Additional Information: See this contract for more information including information about nonpayment, default, any required repayment in full before the scheduled date, minimum finance charges, and security interest.
RETAIL INSTALLMENT SALE CONTRACT – SIMPLE FINANCE CHARGE (WITH ARBITRATION PROVISION) (e)(e)
Buyer Name and Address (Including County and Zip Code)
Cell:
Email:
Co-Buyer Name and Address (Including County and Zip Code) Cell:
Email:
Seller-Creditor (Name and Address)
FEDERAL TRUTH-IN-LENDING DISCLOSURES
ANNUAL
PERCENTAGE
RATE
The cost of
your credit as
a yearly rate.
%
FINANCE
CHARGE
The dollar
amount the
credit will
cost you.
$
Amount
Financed
The amount of
credit provided
to you or
on your behalf.
$
(e) means an estimate
YOUR PAYMENT SCHEDULE WILL BE:
Number of Payments:
One Payment of
Amount of Payments: When Payments Are Due:
One Payment of
One Payment of
One final payment
Total of
Payments
The amount you
will have paid after
you have made all
payments as
scheduled.
$
Total Sale
Price
The total cost of
your purchase on
credit, including
your down
payment of
$i s
$
beginning
(e) (e)
Personal, family, or household unless
otherwise indicated below
/H18554business or commercial
New/Used Y ear Make and Model Odometer Vehicle Identification Number Primary Use For Which Purchased $
$
$
$
$
$
STATEMENT OF INSURANCE
NOTICE. No person is required as a condition of financing the purchase of a motor vehicle to purchase or negotiate any insurance through a particular insurance company, agent or broker. Y ou are not required to buy any other insurance to obtain credit. Y our decision to buy or not buy other insurance will not be a factor in the credit approval process.
Vehicle Insurance
Term Premium
$ Ded. Comp., Fire & Theft Mos. $
$ Ded. Collision Mos. $
Bodily Injury $ Limits Mos. $
Property Damage $ Limits Mos. $
Medical Mos. $
Mos. $
Total Vehicle Insurance Premiums $
UNLESS A CHARGE IS INCLUDED IN THIS AGREEMENT
FOR PUBLIC LIABILITY OR PROPERTY DAMAGE
INSURANCE, PAYMENT FOR SUCH COVERAGE IS NOT
PROVIDED BY THIS AGREEMENT.
Y ou may buy the physical damage insurance this contract requires from anyone you choose who is acceptable to us. Y ou may also provide the physical damage insurance through an existing policy owned or controlled by you that is acceptable to us. Y ou are not required to buy any other insurance to obtain credit.
Buyer
Co-Buyer
Seller
X
X
X
SELLER’S RIGHT TO CANCEL If Buyer and Co-Buyer sign here, the provisions of the Seller’s Right to Cancel section on page 4 of this contract giving the S eller the right to cancel if Seller is unable to assign this contract to a financial institution will apply.
Buyer X Co-Buyer X
AUTO BROKER FEE DISCLOSURE
If this contract reflects the retail sale of a new motor vehicle, the sale is not subject to a fee received by an autobroker fr om us unless the following box is checked:
□ Name of autobroker receiving fee, if applicable:
HOW THIS CONTRACT CAN BE CHANGED. This contract contains the entire agreement between you and us relating to this contract. Any change to the contract must be in writing and both you and we must sign it. No oral changes are binding.
Buyer Signs X Co-Buyer Signs X
Trade-In Payoff Agreement:Seller relied on information from you and/or the lienholder or lessor of your trade-in vehicle(s) to arrive at the payoff amount shown as the Prior Credit or Lease Balance in Trade-In Vehicle(s). You understand that the amount quoted is an estimate. Seller agrees to pay the payoff amount shown as t he Prior Credit or Lease Balance in Trade-In Vehicle(s) to the lienholder or lessor of the trade-in vehicle(s), or its designee. If the actual payoff amount is more than the amount shown as the Prior Credit or Lease Balance in Trade-In Vehicle(s), you must pay the Seller the excess on demand. If the actual payoff amount is less than the amount shown as the Prior Credit or Lease Balance in Trade-In Vehicle(s), Seller will refund to you any overage Seller receives from your prior lienholder or lessor. Except as stated in the “NOTICE” on page 4 of this contract, any assignee of this contract will not be obligated to pay the Prior Credit or Lease Balance shown in Trade-In Vehicle(s) or any refund. You agree to sign or provide any documents Seller reasonably requires to effect the transfer of the Trade-In Vehicle to Seller or its designee.
Buyer Signature X Co-Buyer Signature X
Agreement to Arbitrate: By signing below, you agree that, pursuant to the Arbitration Provision on page 5 of this contract, you or we may elect to reso lve any dispute by neutral, binding arbitration and not by a court action. See the Arbitration Provision for additional information con cerning the agreement to arbitrate.
Buyer Signs X Co-Buyer Signs X
CITY OF BELL GARDENS N/A 7100 GARFIELD AVE BELL GARDENS CA KIA DOWNTOWN LOS ANGELES 90201 LOS ANGELES 1945 S FIGUEROA ST LOS ANGELES CA 90007-1338 N/A LOS ANGELES N/A
KIA
NEW 2024 SPORTAGE HYBRID KNDPU3DG4R7137524
0.00 0.00 0.00 33800.30 33800.30 33800.30 N/A N/A N/A
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MONTHLY
1 33800.30 06/07/2024
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73Exhibit 4
LAW 553-CA-ARB-eps-14 3/23 v1 Page 2 of 5Buyer Initials Co-Buyer Initials ITEMIZATION OF THE AMOUNT FINANCED (Seller may keep part of the amounts paid to others.)
1. Total Cash Price
A. Cash Price of Motor Vehicle and Accessories
1. Cash Price Vehicle
2. Cash Price Accessories
3. Other (Nontaxable) Describe
4. Other (Nontaxable) Describe
B. Document Processing Charge (not a governmental fee) C. Emissions Testing Charge (not a governmental fee)
D. (Optional) Theft Deterrent Device(s)
1. (paid to)
2. (paid to)
3. (paid to)
E. (Optional) Surface Protection Product(s)
1. (paid to)
2. (paid to)
F . EV Charging Station (paid to)
G.
Sales Tax (on taxable items in A through F)
H. Electronic Vehicle Registration or Transfer Charge
(not a governmental fee) (paid to)
I. (Optional) Service Contract(s)
1. (paid to)
2. (paid to)
3. (paid to)
4. (paid to)
5. (paid to)
J. Prior Credit or Lease Balance (e) paid by Seller to (see downpayment and trade-in calculation)
K. Prior Credit or Lease Balance (e) paid by Seller to (see downpayment and trade-in calculation)
L.
(Optional) Debt Cancellation Agreement or Guaranteed Asset Protection Waiver M. (Optional) Used Vehicle Contract Cancellation Option Agreement N. Other paid to For
O. Other paid to For
Total Cash Price (A through O)
2. Amounts Paid to Public Officials
A. Vehicle License Fees
B. Registration/Transfer/Titling Fees
C. California Tire Fees
D. Other
Total Official Fees (A through D)
3. Amount Paid to Insurance Companies (Total premiums from Statement of Insurance)
4. /H18554State Emissions Certification Fee or /H18554State Emissions Exemption Fee
5. Subtotal (1 through 4)
6. Total Downpayment
A. Total Agreed Value of Property Being Traded-In (see Trade-In Vehicle(s)):
Vehicle 1 $ Vehicle 2 $
B. Total Less Prior Credit or Lease Balance (e)
Vehicle 1 $ Vehicle 2 $
C. Total Net Trade-In (A–B)
Vehicle 1 $ Vehicle 2 $
D. Deferred Downpayment Payable to Seller
E. Manufacturer’s Rebate
F . Other
G. Other
H. Other
I. Cash, Cash Equivalent, Check, Credit Card, or Debit Card
Total Downpayment (C through I)
(If negative, enter zero on line 6 and enter the amount less than zero as a positive number on line 1J and/or 1K above)
7. Amount Financed (5 less 6)
$ (A)
$
$
$
$
$
(B)
$ (C)
$ (D1)
$ (D2)
$ (D3)
$ (E1)
$ (E2)
$ (F)
$ (G)
$ (H)
$ (I1)
$ (I2)
$ (I3)
$ (I4)
$ (I5)
$ (J)
$ (K)
$ (L)
$ (M)
$ (N)
$ (O)
$ (1)
$ (A)
$ (B)
$ (C)
$ (D)
$ (2)
$ (3)
$ (4)
$ (5)
$ (A)
$ (B)
$ (C)
$ (D)
$ (E)
$ (F)
$ (G)
$ (H)
$ (I)
$ (6)
$ (7)
OPTIONAL SERVICE CONTRACT(S) Y ou want to
purchase the service contract(s) written with the
following company(ies) for the term(s) shown below
for the charge(s) shown in item 1I.
I1 Company
Term Mos. or Miles
I2 Company
Term Mos. or Miles
I3 Company
Term Mos. or Miles
I4 Company
Term Mos. or Miles
I5 Company
Term Mos. or Miles
Buyer X
THE MINIMUM PUBLIC LIABILITY INSURANCE LIMITS PROVIDED IN LAW MUST BE MET BY EVERY PERSON WHO PURCHASES A VEHICLE. IF YOU ARE U NSURE WHETHER OR NOT YOUR CURRENT INSURANCE POLICY WILL COVER YOUR NEWLY ACQUIRED VEHICLE IN THE EVENT OF AN ACCIDENT, YOU SHOULD CONTACT YOUR INSURANCE AGENT.
WARNING:
YOUR PRESENT POLICY MAY NOT COVER COLLISION DAMAGE OR MAY NOT PROVIDE FOR FULL REPLACEMENT COSTS FOR THE VEHICLE BEING PURCHASE D. IF YOU DO
NOT HAVE FULL COVERAGE, SUPPLEMENTAL COVERAGE FOR COLLISION DAMAGE MAY BE AVAILABLE TO YOU THROUGH YOUR INSURANCE AGENT OR THRO UGH THE SELLING DEALER. HOWEVER, UNLESS OTHERWISE SPECIFIED, THE COVERAGE YOU OBTAIN THROUGH THE DEALER PROTECTS ONLY THE DEALER, USUALLY UP TO THE AMOUNT OF THE UNPAID BALANCE REMAINING AFTER THE VEHICLE HAS BEEN REPOSSESSED AND SOLD.
FOR ADVICE ON FULL COVERAGE THAT WILL PROTECT YOU IN THE EVENT OF LOSS OR DAMAGE TO YOUR VEHICLE, YOU SHOULD CONTACT YOUR INSURANCE AGENT.
THE BUYER SHALL SIGN TO ACKNOWLEDGE THAT HE/SHE UNDERSTANDS THESE PUBLIC LIABILITY TERMS AND CONDITIONS.
S/S X X
OPTION: /H18554Y ou pay no finance charge if the Amount Financed, item 7, is paid in full on or before , Year . SELLER’S INITIALS Trade-In Vehicle(s)
1. Vehicle 1
Y ear Make
Model Odometer
VIN
a. Agreed Value of Property $
b.
Buyer/Co-Buyer Retained Trade Equity $
c. Agreed Value of Property
Being Traded-In (a–b) $
d. Prior Credit or Lease Balance $
e.
Net Trade-In (c–d) (must be ≥ 0
for buyer/co-buyer to retain equity) $
2. Vehicle 2
Y ear Make
Model Odometer
VIN
a. Agreed Value of Property $
b.
Buyer/Co-Buyer Retained Trade Equity $
c. Agreed Value of Property
Being Traded-In (a–b) $
d. Prior Credit or Lease Balance $
e.
Net Trade-In (c–d) (must be ≥ 0
for buyer/co-buyer to retain equity) $
Total Agreed Value of Property
Being Traded-In (1c+2c) $ *
Total Prior Credit or Lease
Balance (1d+2d) $ *
Total Net Trade-In (1e+2e) $ *
(*See item 6A–6C in the Itemization of Amount Financed)
OPTIONAL DEBT CANCELLATION AGREEMENT OR
GUARANTEED ASSET PROTECTION WAIVER. A debt
cancellation agreement or guaranteed asset protection
waiver (GAP waiver) is not required to obtain credit and will not be provided unless you sign below and agree to pay the extra charge. If you choose to buy debt cancellation or a GAP waiver, the charge is shown in item 1L of the Itemization of Amount Financed. See your agreement for details on the
terms and conditions it provides. It is a part of this contract.
Term Mos.
I want to buy a debt cancellation agreement or GAP waiver.
Buyer Signs X
Name of Agreement
30535.00
30535.00
N/A
N/A N/A
N/A N/A
85.00 N/A N/A N/A
N/A N/A
N/A N/A
N/A N/A
N/A N/A
N/A N/A
N/A N/A
3138.55 N/A
N/A N/A 33.00 N/A
N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A
N/A N/A
N/A
N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 33791.55 N/A
N/A N/A
N/A N/A 8.75 N/A N/A N/A
8.75 N/A N/A
N/A N/A N/A 33800.30 N/A N/A
N/A N/A N/A N/A N/A N/A N/A
N/A N/A N/A N/A N/A N/A N/A
N/A N/A N/A
N/A N/A
N/A N/A N/A N/A N/A
N/A N/A 0.00 N/A
33800.30
N/A N/A N/A
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74Exhibit 4
LAW 553-CA-ARB-eps-14 3/23 v1 Page 3 of 5Buyer Initials Co-Buyer Initials
1. FINANCE CHARGE AND PAYMENTS
a. How we will figure Finance Charge. We will figure the Finance Charge on a daily basis at the Annual Percentage Rate on the unpaid part of the Amount Financed. Seller - Creditor may receive part of the Finance Charge.
b. How we will apply payments. We may apply each
payment to the earned and unpaid part of the Finance
Charge, to the unpaid part of the Amount Financed and to other amounts you owe under this contract in any order we choose as the law allows.
c.
How late payments or early payments change what you
must pay. We based the Finance Charge, Total of
Payments, and Total Sale Price shown on page 1 of this
contract on the assumption that you will make every
payment on the day it is due. Y our Finance Charge, Total of Payments, and Total Sale Price will be more if you pay late and less if you pay early. Changes may take the form of a larger or smaller final payment or, at our option, more or fewer payments of the same amount as your scheduled
payment with a smaller final payment. We will send you a notice telling you about these changes before the final scheduled payment is due.
d. You may prepay. Y ou may prepay all or part of the unpaid part of the Amount Financed at any time. If you do so, you must pay the earned and unpaid part of the Finance
Charge and all other amounts due up to the date of your payment. As of the date of your payment, if the minimum finance charge is greater than the earned Finance Charge, you may be charged the difference; the minimum finance
charge is as follows: (1) $25 if the original Amount
Financed does not exceed $1,000, (2) $50 if the original Amount Financed is more than $1,000 but not more than
$2,000, or (3) $75 if the original Amount Financed is more than $2,000.
2. YOUR OTHER PROMISES TO US
a. If the vehicle is damaged, destroyed, or missing. Yo u agree to pay us all you owe under this contract even if the vehicle is damaged, destroyed, or missing.
b. Using the vehicle. Y ou agree not to remove the vehicle from the U.S. or Canada, or to sell, rent, lease, or transfer any interest in the vehicle or this contract without our written permission. Y ou agree not to expose the vehicle to misuse, seizure, confiscation, or involuntary transfer. If we pay any repair bills, storage bills, taxes, fines, or charges on the vehicle, you agree to repay the amount when we
ask for it.
c. Security Interest.
Y ou give us a security interest in:
• The vehicle and all parts or goods put on it;
• All money or goods received (proceeds) for the
vehicle;
• All insurance, maintenance, service, or other
contracts we finance for you; and
• All proceeds from insurance, maintenance, ser vice,
or other contracts we finance for you. This includes
any refunds of premiums or charges from the
contracts.
This secures payment of all you owe on this contract. It also secures your other agreements in this contract as the law allows. Y ou will make sure the title shows our security interest (lien) in the vehicle. Y ou will not allow any other security interest to be placed on the title without our written permission.
d. Insurance you must have on the vehicle.
Y ou agree to have physical damage insurance covering
loss of or damage to the vehicle for the term of this
contract. The insurance must cover our interest in the
vehicle. Y ou agree to name us on your insurance policy as loss payee. If you do not have this insurance, we may, if we choose, buy physical damage insurance. If we decide to
buy physical damage insurance, we may either buy
insurance that covers your interest and our interest in the vehicle, or buy insurance that covers only our interest. If we buy either type of insurance, we will tell you which type and the charge you must pay. The charge will be the premium for the insurance and a finance charge computed at the
Annual Percentage Rate shown on page 1 of this contract or, at our option, the highest rate the law permits. If the vehicle is lost or damaged, you agree that we may use any insurance settlement to reduce what you owe or repair the vehicle.
e. What happens to returned insurance, maintenance,
service, or other contract charges. If we get a refund of insurance, maintenance, service, or other contract
charges, you agree that we may subtract the refund from what you owe.
3. IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES
a. You may owe late charges. Y ou will pay a late charge on each late payment as shown on page 1 of this contract.
Acceptance of a late payment or late charge does not
excuse your late payment or mean that you may keep
making late payments. If you pay late, we may also take the steps described below.
b. You may have to pay all you owe at once. If you break your promises (default), we may demand that you pay all you owe on this contract at once, subject
to any right the
law gives you to reinstate this contract.
Default means:
• Y ou do not pay any payment on time;
• Y ou give false, incomplete, or misleading information during credit application;
• The vehicle is lost, damaged, or destroyed; or
• Y ou break any agreements in this contract.
The amount you will owe will be the unpaid part of the
Amount Financed plus the earned and unpaid part of the
Finance Charge, any late charges, and any amounts due
because you defaulted.
c. You may have to pay collection costs. Y ou will pay
our reasonable costs to collect what you owe, including attorney fees, court costs, collection agency
fees, and fees
paid for other reasonable collection efforts. Y ou agree to pay a charge not to exceed $15 if any check you give to us is dishonored.
d. We may take the vehicle from you. If you default, we may take (repossess) the vehicle from you if we do so
peacefully and the law allows it. If your vehicle has an electronic tracking device (such as GPS), you agree that we may use the device to find the vehicle. If we take the vehicle, any accessories, equipment, and replacement
parts will stay with the vehicle. If any personal items are in the vehicle, we may store them for you. I
f you do not ask for
these items back, we may dispose of them as the law
allows.
e. How you can get the vehicle back if we take it. If we repossess the vehicle, you may pay to get it back
(redeem). Y ou may redeem the vehicle by paying all you owe, or you may have the right to reinstate this contract and redeem the vehicle by paying past due payments and
any late charges, providing proof of insurance, and/or
taking other action to cure the default. We will provide you all notices required by law to tell you when and how much to pay and/or what action you must take to redeem the
vehicle.
f. We will sell the vehicle if you do not get it back. If you do not redeem, we will sell the vehicle. We will send you a written notice of sale before selling the vehicle.
We will apply the money from the sale, less allowed
expenses, to the amount you owe. Allowed expenses are
expenses we pay as a direct result of taking the vehicle, holding it, preparing it for sale, and selling it. Attorney fees and court costs the law permits are also allowed expenses.
If any money is left (surplus), we will pay it to you unless the law requires us to pay it to someone else. If money from the sale is not enough to pay the amount you owe, you
must pay the rest to us. If you do not pay this amount when we ask, we may charge you interest at the Annual
Percentage Rate shown on page 1 of this contract, not to exceed the highest rate permitted by law, until you pay. g. What we may do about optional insurance, main-
tenance, service, or other contracts. This contract may contain charges for optional insurance, maintenance,
service, or other contracts. If we demand that you pay all you owe at once or we repossess the vehicle, you agree
that we may claim benefits under these contracts and
cancel them to obtain refunds of unearned charges to
reduce what you owe or repair the vehicle. If the vehicle is a total loss because it is confiscated, damaged, or stolen, we may claim benefits under these contracts and cancel
them to
obtain refunds of unearned charges to reduce what
you owe.
4. WARRANTIES SELLER DISCLAIMS
If you do not get a written warranty, and the Seller does not enter into a service contract within 90 days from the date of this contract, the Seller makes no warranties, express or implied, on the vehicle, and there will be no implied
warranties of merchantability or of fitness for a particular purpose.
This provision does not affect any warranties covering the vehicle that the vehicle manufacturer may provide. If the Seller has sold you a certified used vehicle, the warranty of
merchantability is not disclaimed.
OTHER IMPORTANT AGREEMENTS
GAP LIABILITY NOTICE
In the event of theft or damage to your vehicle that
results in a total loss, there may be a gap between the amount you owe under this contract and the proceeds
of your insurance settlement and deductible. THIS
CONTRACT PROVIDES THAT YOU ARE LIABLE FOR
THE GAP AMOUNT. An optional debt cancellation
agreement for coverage of the gap amount may be
offered for an additional charge.
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75Exhibit 4
LAW 553-CA-ARB-eps-14 3/23 v1 Page 4 of 5Buyer Initials Co-Buyer Initials
5. Used Car Buyers Guide. The information you see on the window form for this vehicle is part of this contract.
Information on the window form overrides any contrary
provisions in the contract of sale.
Spanish Translation: Guía para compradores de vehículos usados. La información que ve en el formulario de la
ventanilla para este vehículo forma parte del presente
contrato. La información del formulario de la ventanilla deja sin efecto toda disposición en contrario contenida en el contrato de venta.
6. SERVICING AND COLLECTION CONTACTS
In consideration of our extension of credit to you, you agree to provide us your contact information for our servicing and collection purposes. Y ou agree that we may use this information to contact you in writing, by e-mail, or using prerecorded/artificial voice messages, text messages, and automatic telephone dialing systems, as the law allows. Y ou also agree that we may try to contact you in these and other ways at any address or telephone number you provide us, even if the telephone number is a cell phone number or the contact results in a charge to you. Y ou agree to allow our agents and service providers to contact you as agreed above.
Y ou agree that you will, within a reasonable time, notify us of any change in your contact information.
7. APPLICABLE LAW
Federal law and California law apply to this contract. If any part of this contract is not valid, all other parts stay valid. We may delay or refrain from enforcing any of our rights under this contract without losing them. For example, we may extend the time for making some payments without extending the time for making others.
8. WARRANTIES OF BUYER
Y ou promise you have given true and correct information during your application for credit, and you have no knowledge that will make that information untrue in the future. We have relied on the truth and accuracy of that information in entering into this contract. Upon request, you will provide us with documents and other information necessary to verify any item contained in your credit application.
9. NEGATIVE CREDIT REPORT NOTICE
We may report information about your account to credit
bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.
Y ou waive the provisions of Calif. Vehicle Code Section 1808.21 and authorize the California Department of Motor Vehicles to furnish your residence address to us.
CREDIT DISABILITY INSURANCE NOTICE
CLAIM PROCEDURE
If you become disabled, you must tell us right away. (Y ou are advised to send this information to the same address to which you are normally required to send your payments, unless a different address or telephone number is given to you in writing by us as the location where we would like to be notified.) We will tell you where to get claim forms. Y ou must send in the completed form to the insurance company as soon as possible and tell us as soon as you do.
If your disability insurance covers all of your missed payment(s), WE
CANNOT TRY TO COLLECT WHAT YOU OWE OR FORECLOSE
UPON OR REPOSSESS ANY COLLATERAL UNTIL THREE
CALENDAR MONTHS AFTER your first missed payment is due or until the insurance company pays or rejects your claim, whichever comes first. We can, however, try to collect, foreclose, or repossess if you have any money due and owing us or are otherwise in default when your disability claim is made or if a senior mortgage or lien holder is foreclosing.
If the insurance company pays the claim within the three calendar months, we must accept the money as though you paid on time. If the insurance company rejects the claim within the three calendar months or accepts the claim within the three calendar months on a partial disability and pays less than for a total disability, you will have 35 days from the date that the rejection or the acceptance of the partial disability claim is sent to pay past due payments, or the difference between the past due payments and what the insurance company pays for the partial disability, plus late charges. Y ou can contact us, and we will tell you how much you owe. After that time, we can take action to collect or foreclose or repossess any collateral you may have given.
If the insurance company accepts your claim but requires that you send in additional forms to remain eligible for continued payments, you should send in these completed additional forms no later than required. If you do not send in these forms on time, the insurance company may stop paying, and we will then be able to take action to collect or foreclose or repossess any collateral you may have given.
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH
THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
The preceding NOTICE applies only to goods or services obtained primarily for personal, family or household use. In all other cases, Buyer will not assert against any subsequent holder or assignee of this contract any claims or defenses the Buyer (debtor) may have against the Seller, or against the manufacturer of the vehicle or equipment obtained under this contract.
Seller’s Right to Cancel
a. Seller agrees to deliver the vehicle to you on the date this contract is signed by Seller and you. Y ou understand that it may take some time for Seller to verify your credit and assign the contract. Y ou agree that if Seller is unable to assign the contract to any one of the financial institutions with whom Seller regularly does business under an assignment acceptable to Seller, Seller may cancel the contract.
b. Seller shall give you written notice (or in any other manner in which actual notice is given to you) within 10 days of the date this contract is signed if Seller elects to cancel. Upon receipt of such notice, you must immediately return the vehicle to Seller in the same condition as when sold, reasonable wear and tear excepted. Seller must give back to you all consideration received by Seller, including any trade-in vehicle.
c. If you do not immediately return the vehicle, you shall be liable for all expenses incurred by Seller in taking the vehicle from you, including reasonable attorney’s fees.
d. While the vehicle is in your possession, all terms of the contract, including those relating to use of the vehicle and insurance for the vehicle, shall be in full force and you shall assume all risk of loss or damage to the vehicle. Y ou must pay all reasonable costs for repair of any damage to the vehicle until the vehicle is returned to Seller.
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76Exhibit 4
LAW 553-CA-ARB-eps-14 3/23 v1 Page 5 of 5
FORM NO. 553-CA-ARB-eps-14 (REV. 3/23)
©2023 The Reynolds and Reynolds Company
THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO CONTENT OR FITNESS FOR PURPOSE OF THIS FORM. CONSULT YOUR OWN LEGAL COUNSEL.
ARBITRATION PROVISION
PLEASE REVIEW - IMPORTANT - AFFECTS YOUR LEGAL RIGHTS
1. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN YOU AND US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL.
2. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR
CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
3. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitrati on Provision, any allegation of waiver of rights under this Arbitration Provision, and the arbitrability of the claim or dispute), between you and us or our em ployees, agents, successors or assigns, which arises out of or relates to your credit application, purchase or condition of this Vehicle, this contract or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract) shall, at your or our election, be resolved by neutral, binding arbitration and not by a court action. If federal law provides that a claim or dispute is not subject to binding arbitration, this Arbitration Provision shall not apply to such claim or dispute. Any claim or dispute is to be arbitrated by a single arbitrator only on an individual basis and not as a plaintiff in a collective or representative action, or a class representative or member of a class on any class claim. The arbitrator may not preside over a consolidated, representative, class, collective, injunctive, or private attorney general action. Y ou expressly waive any right you may have to arbitrate a consolidated, represe ntative, class, collective, injunctive, or private attorney general action. Y ou or we may choose the American Arbitration Association (www.adr.org) or National Arbitration and Mediation (www.namadr.com) as the arbitration organization to conduct the arbitration. If you and we agree, you or we may choose a different arbitration organization.
Y ou may get a copy of the rules of an arbitration organization by contacting the organization or visiting its website.
Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall a pply governing substantive law and the applicable statute of limitations. The arbitration hearing shall be conducted in the federal district in which you resi de unless the Seller-Creditor is a party to the claim or dispute, in which case the hearing will be held in the federal district where this transaction was origin ated. We will pay the filing, administration, service, or case management fee and the arbitrator or hearing fee up to a maximum of $5,000, unless the law or the rules of the chosen arbitration organization require us to pay more. Y ou and we will pay the filing, administration, service, or case management fee and the arbitrator or hearing fee over $5,000 in accordance with the rules and procedures of the chosen arbitration organization. The amount we pay may be re imbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims is frivolous under applicable law. Each part y shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law. If the chosen arbitration organization' s rules conflict with this Arbitration Provision, then the provisions of this Arbitration Provision shall control. Any arbitration under this Arbitration Provision shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) and not by any state law concerning arbitration. Any award by the arbitrator shall be in writing and will be final and binding on all parties, subject to any limited right to appeal under the Federal Arbitration Act.
Y ou and we retain the right to seek remedies in small claims court for disputes or claims within that court's jurisdiction, unl ess such action is transferred, removed or appealed to a different court. Neither you nor we waive the right to arbitrate any related or unrelated claims by fi ling any action in small claims court, or by using self-help remedies, such as repossession, or by filing an action to recover the vehicle, to recover a deficiency balance, or for individual or statutory public injunctive relief. Any court having jurisdiction may enter judgment on the arbitrator's award. This Arbitratio n Provision shall survive any termination, payoff or transfer of this contract. If any part of this Arbitration Provision, other than waivers of class rights , is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. Y ou agree that you expressly waive any right you may have for a claim or dispute to be resolved on a class basis in court or in arbitration. If a court or arbitrator finds that this class arbitration waiver is unenforceable for any reason with respect to a claim or dispute in which class allegations have been made, the rest of this Arbitration Provision shall also be unenforce able.
YOU AGREE TO THE TERMS OF THIS CONTRACT. YOU
CONFIRM THAT BEFORE YOU SIGNED THIS CONTRACT, WE
GAVE IT TO YOU, AND YOU WERE FREE TO TAKE IT AND
REVIEW IT. YOU ACKNOWLEDGE THAT YOU HAVE READ
ALL PAGES OF THIS CONTRACT, INCLUDING THE
ARBITRATION PROVISION ABOVE, BEFORE SIGNING
BELOW. YOU CONFIRM THAT YOU RECEIVED A
COMPLETELY FILLED-IN COPY WHEN YOU SIGNED IT.
Buyer Signature X Date Co-Buyer Signature X Date
Buyer Printed Name Co-Buyer Printed Name
If the "business" use box is checked in "Primary Use for Which Purchased": Print Name Title Co-Buyers and Other Owners — A co-buyer is a person who is responsible for paying the entire debt. An other owner is a person w hose name is on the title to the vehicle but does not have to pay the debt. The other owner agrees to the security interest in the vehicle given to us in this contract.
Other Owner Signature X Address
THERE IS NO COOLING-OFF PERIOD UNLESS YOU OBTAIN A CONTRACT CANCELLATION OPTION California law does not provide for a ‘‘cooling-off’’ or other cancellation period for vehicle sales. Therefore, you cannot later cancel this contract simply because you change your mind, decide the vehicle costs too much, or wish you had acquired a different vehicle. After you sign below, you may only cancel this contract with the agreement of the seller or for legal cause, such as fraud. However, California law does require a seller to offer a two-day contract cancellation option on used vehicles with a purchase price of less than forty thousand dollars ($40 ,000), subject to certain statutory conditions. This contract cancellation option requirement does not apply to the sale of a recreational vehicle, a motorcycle, or an off-highway motor vehicle subject to identification under California law. See the vehicle contract cancellation option agree ment for details.
Seller Signs Date By X Title
The Annual Percentage Rate may be negotiable with the Seller. The Seller may assign this contract and retain its right to receive a part of the Finance Charge.
Notice to buyer: (1) Do not sign this agreement before you read it or if it contains any blank spaces to be filled in. (2) You are entitled to a completely filled in copy of this agreement. (3) You can prepay the full amount due under this agreement at any time. (4) If you default in the perf ormance of your obligations under this agreement, the vehicle may be repossessed and you may be subject to suit and liability for the unpaid indebtedness evidenced by this agreement.
If you have a complaint concerning this sale, you should try to resolve it with the seller.
Complaints concerning unfair or deceptive practices or methods by the seller may be referred to the city attorney, the district attorney, or an investigator for the Department of Motor Vehicles, or any combination thereof.
After this contract is signed, the seller may not change the financing or payment terms unless you agree in writing to the chan ge. You do not have to agree to any change, and it is an unfair or deceptive practice for the seller to make a unilateral change.
Buyer Signature X Co-Buyer Signature X
GUARANTY: To induce us to sell the vehicle to Buyer, each person who signs as a Guarantor individually guarantees the payment of this contract. If Buyer fails to pay any money owing on this contract, each Guarantor must pay it when asked. Each Guarantor will be liable for the total amount owing even if other persons also sign as Guarantor, and e ven if Buyer has a complete defense to Guarantor’s demand for reimbursement. Each Guarantor agrees to be liable even if we do one or more of the following: (1) give the Buyer more time to pay one or more payments; (2) g ive a full or partial release to any other Guarantor; (3) release any security; (4) accept less from the Buyer than the total amount owing; or (5) otherwise reach a settlement relating to this contract or extend the contract. Each Guarantor acknowledges receipt of a completed copy of this contract and guaranty at the time of signing.
Guarantor waives notice of acceptance of this Guaranty, notice of the Buyer’s non-payment, non-performance, and default; and notices of the amount owing at any time, and of any demands upon the Buyer.
Guarantor X Date Guarantor X Date
Address Address
By X Title
Seller assigns its interest in this contract to (Assignee) under the terms of Seller’s agreement(s) with Assignee. /H18554Assigned with recourse /H18554 Assigned without recourse /H18554 Assigned with limited recourse Seller
N/A
N/A
04/23/24 N/A N/A
CITY OF BELL GARDENS N/A
N/A N/A
KIA DOWNTOWN LOS ANGELES 04/23/24
XX
KIA DOWNTOWN LOS ANGELES
Preview
77Exhibit 4
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 7.
TO:
Honorable Mayor and City Council Members
FROM:
Michael B. O'Kelly, City Manager
BY:
Bernardo Iniguez,
Director of Public Works/Facilities
SUBJECT:
CONSIDERATION OF CPI ADJUSTMENT REQUEST FROM WEST COAST ARBORIST, INC. FOR TREE MAINTENANCE SERVICES AND EXTENSION OF CONTRACT
SERVICES AGREEMENT
DATE:
April 22, 2024
RECOMMENDATION:
It is staff's recommendation that the City Council
adopt the attached Resolution authorizing the City Manager to execute the Second Amendment with West Coast Arborists, Inc. to approve a CPI adjustment of 3% and exercise the right to extend the Term of the Contract Services Agreement to October 11, 2025.
BACKGROUND/DISCUSSION:
On August 12, 2020, the City released a Request for Proposals for Public Works Street Tree Maintenance Services (Tree Maintenance RFP). On October 12, 2020, the City Council approved the award of a contract to West Coast Arborists, Inc. (WCA) for citywide tree maintenance services in response to the Tree Maintenance RFP. The term of the original contract was for three years, with an option to extend for up to two additional one year terms. The WCA contract has been renewed through a side letter for one additional year, through October 11, 2024, and it has one more optional year remaining, which can extend the term further through October 11, 2025, if the City exercises its option.
CPI Adjustment Requests
The Tree Maintenance RFP, which was incorporated as part of the WCA contract, contains a “Term of Contract” section indicating that any increase in costs of the services, if approved by the City Manager, will be adjusted up to the change in CPI for Los Angeles region, and that the increase will not exceed 3% at any one time.
On May 20, 2022, WCA submitted a letter requesting consideration of a CPI increase in the amount of 3%, effective January 1, 2023, citing rising costs due to increases in labor and a May 2022 CPI increase of 7.9%.
On July 11, 2022, the City Council approved WCA’s 3% CPI adjustment request through the First Amendment to the WCA contract, which increased the total annual compensation by $8,610, adjusting the annual not to exceed amount from $287,004 to $295,614.
On March 7, 2024, WCA submitted a letter requesting consideration of a CPI increase in the amount of 3%, to be effective July 1, 2024, citing an increase in operational costs, notably in labor, fuel, recycling, and insurance premiums. Public Works staff confirmed that the CPI for All Urban Consumers for the Los Angeles area increased by 4% for the 12-month period ending in March 2024.
WCA has performed services satisfactorily to date. It has maintained positive communication with staff and has been 78 responsive in addressing issues or fulfilling requests. Staff is recommending a CPI adjustment of 3% to the City’s contract with WCA, which would increase the total annual compensation by $8,868, adjusting the annual not to exceed amount from $295,614 to $304,482. Given that the Contract Services Agreement has one remaining one- year extension, Staff is also recommending that the Contract Services Agreement be extended through October 11, 2025.
CONCLUSION:
Approving the Second Amendment would approve WCA’s CPI adjustment request, effective July 1, 2024 and would extend the Term of the Contract Services Agreement through October 11, 2025.
FISCAL IMPACT:
The City’s FY 2023-24 Public Works operations budget includes sufficient funds to cover the cost of the $8,868 increase in tree maintenance services.
ATTACHMENTS:
Description
Exhibit 1 - Resolution No. 2024-23
Exhibit 2 - Second Amendment to Agreement with WCA
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 79 RESOLUTION NO. 2024-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEL L
GARDENS, CALIFORNIA, APPROVING A SECOND AMENDMENT T O
THE CONTRACT SERVICES AGREEMENT BY AND BETWEEN THE
CITY OF BELL GARDENS AND WEST COAST ARBORISTS, INC. FOR
TREE MAINTENANCE SERVICES
WHEREAS, on October 12, 2020, the City of Bell Gardens (City) and West Coast Arborists, Inc. (WCA) executed and entered into a M aster Agreement for Citywide tree maintenance services; and
WHEREAS, on May 20, 2022, WCA requested a CPI increase of th ree percent (3%) that would become effective as of January 1, 2 023, and would be in place for the remainder of the Term; and
WHEREAS, on July 11, 2022, the City Council authorized a First Amendment to the Master Agreement approving the 3% CPI adjustmen t request and increasing the compensation to WCA; and
WHEREAS, under the terms of the Master Agreement, the City had the option to extend the Agreement for a maximum of two (2) one-year term; and
WHEREAS, the Master Agreement was amended by way of a Side Letter (hereinafter, Side Letter No. 1) to exercise the ri ght to extend the Master Agreement to October 11, 2024; and
WHEREAS, on March 7, 2024, WCA requested a CPI increase of 3% that would become effective as of July 1, 2024, and would be in place for the remainder of the Term; and
WHEREAS, the City and WCA now wish to increase the total An nual Not-to- Exceed Sum by EIGHT THOUSAND EIGHT HUNDRED SIXTY-EI GHT DOLLARS ($8,868) for a new total Annual Not-to-Exceed Sum o f THREE HUNDRED FOUR THOUSAND FOUR HUNDRED EIGHTY-TWO DOLLARS ($304,482) to account for the requested CPI increase which would be effective as of July 1, 2024, and would be in effect for the remainder of the Term; and
WHEREAS, the City and WCA further wish to exercise the last remaining one year extension on the Master Agreement to extend the term through October 11, 2025.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council, after consideration of the staff report and discussion, hereby finds that the above recitals are true and correct and incorporate them herein.
SECTION 2. Based upon the above recitals, the staff report acc ompanying this Resolution, and such other oral and written evidenc e, the Bell Gardens City Council 80Exhibit 1
2 of 3
hereby approves a Second Amendment to the Contract Services Agreement with West Coast Arborists, Inc., which is attached to the staff report as Exhibit 2.
SECTION 3. The City Council further authorizes and directs the City Manager to execute the Second Amendment and take all actions n ecessary to and appropriate to implement and effectuate the intent of the City Council as set forth in this Resolution.
SECTION 4. The City Clerk shall attest and certify to the pass age and adoption of this Resolution and enter it into the book of or iginal resolutions, and it shall become effective immediately upon its approval.
PASSED, APPROVED, and ADOPTED this 22 nd day of April, 2024.
THE CITY OF BELL GARDENS
Gabriela Gomez, Mayor
APPROVED AS TO FORM: ATTEST:
Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
81Exhibit 1
3 of 3
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:
82Exhibit 1
1 2024
SECOND AMENDMENT TO CONTRACT SERVICES AGREEMENT
(Engagement: Citywide Tree Maintenance Services)
(Contractor: West Coast Arborists, Inc.)
THIS SECOND AMENDMENT ( hereinafter, “Second Amendment”) to that certain agreement entitled “2020 Contract Services Agreement for Citywide Tree Maintenance Services in the City of Bell Gardens” and dated October 12, 2020 (hereinafter, the “Master Agreement”), is hereby made and entered into this ____ day of ____________, 2024 (hereinafter, “Effective Date”) by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, “CITY”) and WEST COAST ARBORISTS , INC. (hereinafter, “CONTRACTOR”). For purposes of this Second Amendment, the capitalized term “Parties” shall be a collective reference to both CITY and CONTRACTOR. The capitalized term “Party” may refer to either CITY or CONTRACTOR, interchangeably as appropriate.
RECITALS
This Second Amendment is made and entered into with respect to the following facts:
WHEREAS, on October 12 , 2020 , the Parties executed and entered into the Master Agreement for Citywide tree maintenance services; and
WHEREAS, on July 11, 2022, the Parties executed and entered into a first amendment (hereinafter “First Amendment”) to revise the compensation of the Agreement; and
WHEREAS, under the terms of the Master Agreement, CITY had the option to extend the Agreement for a maximum of two (2) one-year term; and
WHEREAS, the Master Agre ement was amended by way of a Side Letter (hereinafter, Side Letter No. 1) to exercise the right to extend the Master Agreement to October 11, 2024; and
WHEREAS, for purposes of this Second Amendment, the Master Agreement, as amended by way of the First A mendment and Side Letter No. 1 , may be referred to collectively as the “ Master Agreement”. The Master Agreement is attached and incorporated hereto as Exhibit “A”; and
WHEREAS, under the terms of the Master Agreement the CITY agreed to pay CONTRACTOR a total annual not-to-exceed sum of TWO HUNDRED NINETY-FIVE THOUSAND SIX HUNDRED FOURTEEN DOLLARS ($295,614) (hereinafter, “Annual Not-to-Exceed”) to provide Citywide tree maintenance services; and
WHEREAS, on March 7, 2024, CONTRACTOR requested a CPI increase of three percent (3%) that would become effective as of July 1, 2024 and would be in place for the remainder of the Term (hereinafter “2024 CPI Request Letter”); and 83Exhibit 2
2 WHEREAS, the CPI Request Letter is attached and incorporated hereto as Exhibit “B”; and
WHEREAS, the Parties now wish to increase the Annual Not-to-Exceed Sum by EIGHT THOUSAND EIGHT HUNDRED SIXTY-EIGHT DOLLARS ($8,868) for a new total Annual Not-to-Exceed Sum o f THREE HUNDRED FOUR THOUSAND FOUR HUNDRED EIGHTY -TWO DOLLARS ($304,482) to account for the requested CPI increase which would be effective as of July 1, 202 4, and would be in effect for the remainder of the Term; and
WHEREAS, the Parties further wish to exercise the last remaining one year extension on the Master Agreement.
NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:
SECTION 1. Section 1a. (TERM) of the Master Agreement is hereby amended to extend the term of the Master Agreement through October 11, 2025.
SECTION 2. Section 4b. (COMPENSATION) of the Master Agreement is hereby amended to increase the Annual Not-to-Exceed Sum of TWO HUNDRED NINETY-FIVE THOUSAND SIX HUNDRED FOURTEEN DOLLARS ($295,614) by EIGHT THOUSAND EIGHT HUNDRED SIXTY -EIGHT DOLLARS ($8,868) for a new total Annual Not-to Exceed Sum of THREE HUNDRED FOUR THOUSAND FOUR HUNDRED EIGHTY - TWO DOLLARS ($304,482) which shall be effective as of July 1, 2024 and shall continue through the remainder of the Term.
SECTION 3. Except as otherwise set forth in this Second Amendment, the First Amendment, Side Letter No. 1 and Master Agreement shall remain binding, controlling, and in full force and effect. Section 24 of the Master Agreement notwithstanding, this Second Amendment, together with the First Amendment, Side Letter No. 1 and Master Agreement, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.
SECTION 4. The provisions of this Second Amendment shall be deemed a part of the Master Agreement and except, as otherwise provided under this Second Amendment, the First Amendment, Side Letter No. 1 and the Master Agreement , and all provisions contained therein shall remain binding and enforceable. In the e vent of any conflict or inconsistency between the provisions of this Second Amendment and the provisions of the First Amendment, Side Letter No. 1 and Master Agreement, the provisions of this Second Amendment shall control, but only in so far as such provi sions conflict with the First Amendment, Side Letter No. 1 and Master Agreement, and no further.
(SIGNATURES ON NEXT PAGE)
84Exhibit 2
3 IN WITNESS WHEREOF, the Parties hereto have caused this Second Amendment to be executed on the day and year first appearing above.
CITY:
CITY OF BELL GARDENS
By:__________________________________
Michael B. O’Kelly, City Manager
Date:
APPROVED AS TO FORM:
By:__________________________________
Stephanie Vasquez, City Attorney
CONTRACTOR:
WEST COAST ARBORISTS, INC.
By:_____________________________
Name:_________________________
Title: ___________________________
Date:
85Exhibit 2
4 EXHIBIT “A”
MASTER AGREEMENT
86Exhibit 2
November 8, 2023
West Coast Arborists, Inc.
Attn: Victor Gonzalez, Vice President
2200 E. Via Burton Street
Anaheim, CA 92806
Re: One-Year Extension of Agreement with West Coast Arborists, Inc.
Dear Mr. Gonzalez:
This Letter confirms the mutual agreement between the City of Bell Gardens ("City") and West Coast Arborists, Inc. ("Contractor'') (collectively the "Parties") to extend the existing agreement between the Parties for Citywide Tree Maintenance Services. The term of the original Agreement was for three (3) years, beginning October 12, 2020, with an option to extend for up to two (2) additional one (1) year terms of one (1) year under Section 1 a of the Agreement.
Accordingly, the City and Contractor now desire to extend the term of the Agreement for one (1) year for the period commencing as of October 12, 2023, through October 11, 2024.
The Parties agree that all remaining terms of the Agreement shall remain in full force.
If you have any questions regarding this letter, please feel free to contact Bernardo Iniguez, Director of Public Works/Facilities at (562) 334-1790 or [email protected].
Sincerely,
87Exhibit 2
2022
FIRST AMENDMENT TO CONTRACT SERVICES AGREEMENT
Engagement: Citywide Tree Maintenance Services)
Contractor: West Coast Arborists, Inc.)
THIS FIRST AMENDMENT ( hereinafter, " First Amendment") to that certain agreement entitled " 2020 Contract Services Agreement for Citywide Tree Maintenance Services in the City of Bell Gardens" and dated October 12,
f20 (
her - ft
r, the " Master
Agreement"), is hereby made and entered into this day of: 2022 hereinafter, " Effective Date") by and between the CITY OF BELL GA aft ,
a mu icipal
corporation ( hereinafter, " CITY") and WEST COAST ARBORISTS, INC. ( hereinafter, CONTRACTOR"). For purposes of this First Amendment, the capitalized term " Parties" shall be a collective reference to both CITY and CONTRACTOR. The capitalized term Party" may refer to either CITY or CONTRACTOR, interchangeably as appropriate.
RECITALS
This FirstAmendmentis made and entered intowith respectto the followingfacts:
WHEREAS, on October 12, 2020, the Parties executed and entered into the Master Agreement for Citywide tree maintenance services; and WHEREAS, the Master Agreement is attached and incorporated hereto as Exhibit A"; and
WHEREAS, under the terms of the Master Agreement the CITY agreed to pay CONTRACTOR a total not- to- exceed sum of TWO HUNDRED EIGHTY- SEVEN THOUSAND FOUR DOLLARS ($ 287, 004) ( hereinafter, " Compensation") to provide Citywide tree maintenance services; and
WHEREAS, on May 20, 2022, CONTRACTOR requested a CPI increase of three percent ( 3%) that would become effective as of January 1, 2023 and would be in place for the remainder of the Term ( hereinafter" CPI Request Letter'); and WHEREAS, the CPI Request Letter is attached and incorporated hereto as Exhibit B"; and
WHEREAS, the Parties now wish to increase the total Not-to-Exceed Sum by EIGHT THOUSAND SIX HUNDRED TEN DOLLARS ($ 8, 610) for a new total Not- to- Exceed Sum of TWO HUNDRED NINETY- FIVE THOUSAND SIX HUNDRED FOURTEEN DOLLARS ($ 295, 614) to account for the requested CPI increase which would be effective as of January 1, 2023 and would be in effect for the remainder of the Term; and
NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuableconsideration, the receiptand sufficiencyof which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:
1 88Exhibit 2
SECTION 1. Section 4b. ( COMPENSATION) of the MasterAgreement is hereby amended to increase the Nat- to- Exceed Sum of TWO HUNDRED EIGHTY- SEVEN THOUSAND FOUR DOLLARS ($ 287,004) by EIGHT THOUSAND SIX HUNDRED TEN DOLLARS ($ 8, 610) for a new total Not- to Exceed Sum of TWO HUNDRED NINETY- FIVE THOUSAND SIX HUNDRED FOURTEEN DOLLARS ($ 295, 614) which shall be effective as of January 1, 2023 and shall continue through the remainder of the Term.
SECTION 2. Except as otherwise set forth in this First Amendment, the Master Agreement shall remain binding, controlling, and in full force and effect. Section 24 of the Master Agreement notwithstanding, this First Amendment, together with the Master Agreement, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.
SECTION3. The provisionsof this FirstAmendmentshall be deemeda partof the Master Agreement and except, as otherwise provided under this First Amendment, the Master Agreement and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this First Amendment and the provisions of the Master Agreement, the provisions of this First Amendment shall control, but only in so far as such provisions conflict with the Master Agreement and no further.
SIGNATURES ON NEXT PAGE)
2 89Exhibit 2
IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executedon theday and yearfirstappearingabove.
CITY: COI TI" ACT'OR:
CITY OF BELL GARDENS WEST COAST ARBORISTS, INC.
By
Michael B. O" Kelly, City Man er
Name:__... P.... Mahone_.__.......... ,,,
M.......... m.._...._._..
Title: President
N
ww _____ .
Da# e ," " ... . Date. 01115122
APPROVED AS TO FORM:
By:__ on behalf of
Rick Olivarez, City Attorney
Date: July 20, 2022
3 90Exhibit 2
IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed on the day and year first appearing above.
CITY: CONTRACTOR:
CITY OF BELL GARDENS WEST COAST ARBORISTS, INC.
By: Y•
Michael B. O'Kelly, City Manager
Name: Patrick Mahoney
Title: President
Date: Date: 07/ 15/ 22
APPROVED AS TO FORM:
By:
Rick Olivarez, City Attorney
Date:
91Exhibit 2
EXHIBIT " A"
MASTER AGREEMENT
92Exhibit 2
CITY OF BELL GARDENS
CONTRACT AGREEMENT
FOR
CITYWIDE TREE MAINTENANCE SERVICES
IN THE CITY OF BELL GARDENS
THIS CONTRACT SERVICES AGREEMENT ( hereinafter, ° Agreement") is made and entered into this 12 day of October 2020 ( hereinafter, the " Effective Date"), by and between the City of Bell Gardens, a municipal corporation ( hereinafter, " City") and West Coast Arborists Inc. ( hereinafter, " Contractor"). Forthe purposesof this Agreement, City and Contractor may be referred to collectively by the capitalized term " Parties." The capitalizedterm "Party" may referto City or Contractor interchangeably.
WHEREAS, City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; and WHEREAS, Citydesiresto engagethe servicesof a companyto performCitywide Tree Maintenance Services; and
WHEREAS, on August 12, 2020, City issued a Requested for Proposals for Public Works Street Tree Maintenance Services; and
WHEREAS, City staff has determined that Contractor possesses the skills, experience and expertise necessary to complete required landscaping and maintenance; and
WHEREAS, the execution of this Agreement was approved by the City of Bell Gardens Council at Its Regular Meeting of October 12, 2020.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Contractor agree as follows:
Section 1. Term.
a. This Agreement shall commence on the Effective Date and shall have a Term of three ( 3) years. This Agreement may be extended by City subject to its same terms and conditions for two ( 2) additional extension terms of one ( 1) year, providedCity issueswritten noticeof its intentto extendthe Termof theAgreement prior to the expiration of the initial Term.
93Exhibit 2
b. NothinginthisSectionshalloperatetoprohibitorotherwiserestrictthe City'sability to terminate this Agreement at any time for convenience or for cause as provided under Section 5 of this Agreement.
Section 2. Scope of Work.
a. Subject to the terms and conditions of this Agreement, Contractor agrees to providecitywidetree maintenanceservicesand tasksthat are set forth in that certainrequestforproposaloftheCityentitled"Requestfor ProposalPublicWorks CitywideTree MaintenanceServices" issued on August 12, 2020 (the "City RFP") which attached and incorporated hereto as Exhibit " A"; and b. That certain written proposal for citywide tree maintenance services entitled Request for Proposalfor Citywide Tree MaintenanceServices for City of Bell Gardens" dated September 2, 2020 ( the Contractor Proposal") which is attached and incorporated hereto as Exhibit" B".
c. For purposesof thisAgreement, the capitalizedterm "Scopeof Work" shall be a collective reference to City RFP and the Contractor Proposal. In the event of any conflictor inconsistencybetweenthe provisionsof the City RFPand the Contractor Proposal, theCity RFPshall'govern and controlbut onlyto the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency betweenthe provisionsof the Scope of Work and the provisionsof this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.
d. Contractor also agrees to furnish City with all labor, materials, tools, supplies, equipment, services, tasks and Incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Worts. For purposes-of this Agreement,the capitalizedterm"Work" shall be a collective reference to all of the various services and tasks described under the Scope of Worts.
Section 3. Prosecution of Work.
a. Time is of the essence of this Agreement and each and every provision contained herein. The Work shall be commenced within three (3) calendar days of City's issuance of a written notice to proceed (" Notice to Proceed"). b. Contractor shall cooperatewith City and In no manner interferewith the work of City, its employees or other consultants, contractors or agents. 94Exhibit 2
c. Contractor shall not perform any additional services or tasks beyond those expresslyidentifiedin the Scope Work without prior authorization from City 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 locationof where the particularservices 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.
Section 4. Compensation.
a. Contractor shall perform the various services and tasks set forth in the Scope of Work in accordance with the hourly rates provided in Contractor' s Required Forms for Submittal.
b. Section 2(a) notwithstanding, Contractor shall perform all of the various services and tasks that comprise the Work for an annual not-to-exceed sum of TWO HUNDRED EIGHTY SEVEN AND FOUR DOLLARS ($ 287, 004) ( hereinafter, the Not- to- Exceed Sum"). Contractor further agrees that the Not- to- Exceed Sum is inclusive of compensation for all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. As specified under subsection ( d) of this Section, below, the Not-to- Exceed sum shall be paid to Contractor in increments as the Work is completed.
c. In the event Contractor' s charges are projected to exceed the Not-to-Exceed Sum prior to the completion of all of the Work, City may suspend Contractor' 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.
d. Followingthe conclusion of each calendar month, Contractor shall submit to City an itemizedinvoiceIndicatingthe servicesandtasks performedduringthe recently concluded calendar month. If any subtotal of charges set forth in the invoice is a function of hours worked by Contractor' s personnel, the Invoice shall indicate the number of hours worked in the recently concluded calendar month, the job title/ classification of the person( s) performing the services or tasks, the rate of compensation at which such services and tasks were performed, the subtotal for 95Exhibit 2
each task and service performed and a grand total for all services performed within the subtotal. Within thirty (30) calendardays of receiptof each invoice, City shall notifyContractorinwritingof any disputedamountsincluded inthe invoice. Within forty-five (45) calendarday of receiptof each invoice, City shall pay all undisputed amounts included on the invoice. City shall not withhold applicable taxes or other authorizeddeductionsfrom paymentsmadeto Contractor.
Section 5. Standard of Care. Contractor represents, acknowledges and agrees as follows:
a. Contractor shall perform all Work skillfully, competenby and to the highest standards applicable to the Contractor' s field;
b. Contractor shall construct and complete the Work in a good, workmanlike and prompt manner reasonably acceptable to City and shall furnish all labor and materials necessary to accomplish the same;
c. Contractor shall 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 Cade Section 81000 et seq.);
d. Contractor understands the nature and scope of the work to be performed under this Agreement as well as any and all schedules of performance; e. All of Contractor' s employees and agents ( including but not limited to Contractor' s subcontractorsand subconsultants) possess sufficient skill, knowledge, training and experience to perfomn those services and tasks contemplated under this Agreement; and
f. All of Contractor' s employees and agents( including but not limited to Contractor' s subcontractors and subconsultants) possess all licenses, permits, certificates, qualificationsand approvalsof whatevernature thatare legallyrequiredto perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualificationsand approvals shall be maintainedthroughout the term of this Agreement.
The Parties acknowledge and agree that Contractor shall perform, at Contractors own cost and expense and without any reimbursement from City, any services or tasks necessaryto correct any errors or omissions caused by Contractors failure to comply with the standard of care set forth under this Section or by any like failure on the part of 96Exhibit 2
Contractor' s employees, nt , subcontractors and subconsultants. Such effort by Contractorto correctanyerrorsor omissionsshall be commencedImmediatelyupontheir discoveryit r Party and shall be completedhi ncalendars the date of discovery or such other extended period of time t the City Representative In writing and absolutediscretion. The Partiesl nagree that t f any work performed by Contractor or on Contractors behalf shall not constitute a releasef any deficiencyr delay in performance, The Partiesfurther acknowledge, understand andthat City has relied the foregoing representations of Con r, including but not limited to the representation that Contractor possesses the skills, training, n® I t perform the Work In a skillful and competent manner equivalent , the standardf performancelly recognized as beingi f l n ls performing the same type f work and servicesin the StateCalifornia.
Sectionti
Cit tiv ° r f this t, t l t tIve
shall be DirectorPublic Work, Chau Vu (hereinafter, the "City Repressn ° ")° It shall be Contractor' sn l ili to assure that the CityRepresentative is kept informed of the progress of the performance of the services, and Contractor shall refer any decisionswhich i to theitRepresentative.
a Contractor Regresentative. For the f this Agreement, Contractor hereby into Victor Gonzalez, lPresident , l representative authorizedt n if it _ respect to Contractorsunder this
Agreement and to make all decisions in connection therewith ( t " Contractor Representative"). ' Notice to the Contractor Representative whether written or verbal shall constitute notice nt t r.
Sectionr` I
a. Contractor representsthat It has, or will secure at its own expense, all personnel requiredto performthe Workall other services and tasks necessary for Contractor to competentlyn i l complete ny tasks and servicesrequested by way f City-issuedWork Order. All work servicesill be performed under Contractor' s i , and Contractor' sI engaged in the performance of the services andk t It under this r
including subcontractors and their personnel, shall possess the qualifications, permits and licenses required applicable law to perform services and tasks if of Contractor.
b. Contractor shall obtain at Its solen licenses, permits, and approvalsrequired law for the performance of the Work. Contractor 97Exhibit 2
shall have the sole obligation to pay for any fees, assessments and taxes, plus applicablepenaltiesand Interest,which may be imposedby law and arise from or are necessaryfor the Contractor's performanceof the Work, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against CITY hereunder. c. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work.
d. If, at any time during the term of this Agreement, City requests the removal of any person(s) or subcontractor(s) assignedby Contractorto performservices pursuant to this Agreement, Contractor shall remove any such person immediately upon receiving notice from City of such request.
e. Contractor shall be responsible for payment of all wages and benefits owed to Contractor' s employees and the payment of subcontractors engaged by Contractor In the performance of this Agreement. Contractor shall also comply with all requirements pertaining to employer' s liability, workers' compensation, unemployment insurance, and Social Security.
f. Contractor shall obtain and maintain during the Term of the Agreement all necessarylicenses, permits and certificates required by law for the performance of the Work contemplated under this Agreement.
Section 8. Warranty.
a. Contractor warrants all materials used, equipment installed, and improvements constructed under this Agreement shall: ( 1) meet all conditions of the Agreement; and ( ii) shall be free from all defects in design, materials and workmanship for a periodof one( 1) year after completionof the Work and acceptanceby City. If any defects are discovered within twelve ( 12) months following acceptance by City, Contractor shall be solely responsible for the correction of those defects and Contractor' s sole cost and expense. The warranty set forth under this subsection a) of Section 7 shall be in addition to any warranties for materials used, equipment installed, and improvements constructed by Contractor in the performance of this Agreement.
b. Contractor shall transfer to City all of Contractor' s rights to and interest to any and all manufacturers' warranties or guarantees for any materials, equipment or fixtures installed by Contractor in the performance of this Agreement. Where applicable, City shall be named as the owner- beneficiary in any such warranties or guarantees. Contractor shall deliver to City all the written material comprising the 98Exhibit 2
manufacturers' warranties r guarantees. Contractor shall ensure that each warranty r guaranteeIs In full force and effectfrom the date the Cityusing the equipmentr fixtures. Allwarranties r guarantees shall be in addition to the Contractorswarranty t forth under subsection ( f this ion, above or subsection ( ) of this ions below.
cm In addition to all nu warranties nall otherwarranties Impliedy l Contractor warrants that all materials used, equipment installed, n improvements constructedin the performancethis r nt shall conformt the Scope of Work and any additional plans, drawings or specifications incorporated into this
Sectionw Surety Bond.
A. Performance Bond. Unlessiv the CityRepresentatives in writing, Contractor shall execute and provide to CityI ith this Agreement Performance Bond In the amount of the totalNot- to- Exceed Performance Bond shall be In form approved by City. No payment shall be made to Contractor until the Performance Bond has been received by the Citythe requirement for the Performance
LaborB. and MaterialsI ived bythe CityRepresentativesinwriting, Contractor shall execute and provide ° r tly with this Agreement Labor and MaterialsIn the amount of# t- Labor
and Materials ll be In a form itya No payment shall be
made to Contractor until the Labor and Materialsn received approvedby the City.
Section a Documents and Data. AllN tln , operational manuals, documents or other written material (" written products") developed by Contractor in the performance f this Agreementl be and remain the property of City. All documents, i u i , or other information received y Contractorfrom Cityr provided r perforrnance of this t are deemed confidentialand shall not be disclosedy Contractorwithoutpriorwrittenconsent by City. City shallgrant suchconsentit is legally ul r necessary to provide the servicesunder this Agreement. All City data shall be returnedl upon the termination of thi nt® Contractor' s covenant under this lshall survive the termination of this nt.
SectionI I Contractor warrants, represents and maintainsthat it has not employed nor retained any companyr person, other then a bone fide employee working solely for Consultant, to solicitor secure this r nt. Further, Contractor warrantsnd represents that It has not paidr has it agreedy any companyor other then n Iworking solely for Contractor, any fee,
commission, ntage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this r nt° For breach or violation of this warranty, City shall have the absoluteunfettered right to rescindthis Agreement 99Exhibit 2
without liability or penalty. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest In this Agreement, or obtain any present or anticipated material benefit arising therefrom.
Section 12. Independent Contractor.
a. The Parties acknowledge, understand and agree that Contractor and Contractor' s employees, subcontractors, subconsultants and agents and all persons or entities acting on Contractor' s behalf in the performance of this Agreement are independent contractors and not employees, officers or officials of the City.
Contractor, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Contractor has no authority or responsibility to exercise any rights or power vested in City. No agent, officer, or employee of City is to be considered an employee of Contractor. It is understood by both Contractor and City that this Agreement shall not, under any circumstances, be construed or considered to create an employer- employee relationship or a joint venture. b. Contractor, its agents, officers, subcontractors and employees are and, at all times during the term of this Agreement, shall represent and conduct themselves as independent contractors and not as employees, officials or officers of the City. c. Contractor shall determine the method, details and means of performing the Work.
Contractor shall be responsible to City only for the requirements and results specified in this Agreement or any individual Work Cinder. Contractor has control over the manner and means of performing the services under this Agreement.
Contractor is permitted to provide services to others during the same period as it provides services to City under this Agreement.
d. If, in the performance of this Agreement, any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision, and control of Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Contractor. e. As an independent contractor, Contractor hereby indemnifies and holds City harmlessfrom any and all claims that may be madeagainst City based upon any contention by any third party that an employer- employee relationship exists by reason of this Agreement.
Section 13. Conflicts of Interest. Contractorherebywarrantsfor itself, its employees, and subcontractorsthat those personspresentlyhaveno interestand shall notobtain any interest, director indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with Contractor in connection with this project. 100Exhibit 2
Contractor hereby warrants for itself, its employees, and subcontractors that no such personshallengagein any conductwhichwould constitutea conflict of interest underany City ordinance, state law or federal statute. Contractoragreesthat a clause substantially similarto this Section shall be incorporated into any sub- contract that Contractor executes In connection with the performance of this Agreement.
Section 14. Non- Discrimination. During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate against any employee or applicantfor employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age( over 40) or set. Contractor and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall complywith the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated hereunder( California Code of Regulations, Title 2, Section 7285. 0 et seq.). The applicable regulations of the FairEmploymentand HousingCommissionimplementingGovernmentCode, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Contract by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. This Contract shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.
Section 15. Indemnification.
a. To the fullest extent permitted by law, Contractor hereby agrees, at its sole cost and expense, to defend, protect, Indemnify, and hold harmless City and City's elected and appointed officials, oflfcers,` attomeys, agents, employees, volunteers, successors, and assigns ( collectively" Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, Judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith ( collectively" Liabilities"), arising or claimed to arise, directlyor indirectly, out of, in connectionwith, resultingfrom, or relatedto any act, failure to act, error, or omission of Contractor or any of Contractor' s officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or Indirectly, out of, in connection with, resulting from, or related to this Agreement and the performance or failure to perform any term, provision, covenant, or condition of the Agreement, Including this Indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passivenegligence by Contractorand shall operateto fully indemnifyIndemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law or elsewhere under this Agreement.
Payment Is not required as a condition precedent to an Indemnitee' s right to 101Exhibit 2
recoverunderthis indemnityprovision, and an entry of judgment against any one or more of the Indemnitees shall be conclusive in favor of the Indemnitees' right to recover under this indemnity provision. Contractorshall pay Indemniteesfor any attorney' s fees and costs incurred in enforcing this indemnification provision.
Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass ( a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement Is subject to Civil Code § 2782( a), or( b) the contracting . public agency' s active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782( b). This indemnity is effective without reference to the existence or applicability of any insurance coverage( s) which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Accountants, attomeys, or other professionals employed by Indemnitor to defend Indemnitees shall be shall be selected by Indemnitees. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. b. Contractor' s obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act.
Contractor expressly waives its statutory Immunity under such statutes or laws as to the Indemnities.
c. Contractor agrees to obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations for the benefit of City, Contractor agrees to be fully responsible and indemnify, hold harmless and defend City, its officers, agents, employees 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 Contractor or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of City' s choice.
d. City does not, and shall not; waive any rights that it may possess against Contractor 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 102Exhibit 2
any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. Contractor agrees that Contractor' s covenant under this Section shall survive the termination of this Agreement. e. Contractor shall fully comply with the workers' compensation laws regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmlessfrom any failure of Contractor to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any fees due to Contractorunder this Agreementany amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section.
Section 16. Prevailing Wages and General Labor Compliance and Reporting. a. CONTRACTORand any subcontractor performing or contracting any portion of the Work shall comply with all applicable provisions of the California Labor Code for all workers, laborers and mechanics of all crafts, classifications or types, Including, but necessarily limited to the following:
1. In accordance with California Labor Code Section 1810, eight ( 8) hours of labor in performanceof the Work shall constitute a legal day's work under this Contract. CONTRACTOR and any subcontractor shall pay workers overtime pay( not less than 1 1/2 times the baserate of pay) as required by California Labor Code Section 1815. CONTRACTOR and any subcontractor shall, as a penalty to the CITY, forfeit twenty- five dollars($ 25) for eachworkeremployed in the executionof the contract by the respective contractor or subcontractorfor each calendar day during which the worker Is requiredor permittedto work more than 8 hoursin any one calendar day and 40 hours in any one calendar week in violation to the provisions of Article 3 of Chapter 1 of Part 7, Division 2 of the California Labor Code, which is incorporated by this reference as though fully set forth herein.
2. Pursuantto the provisionsof CaliforniaLabor Code,Sections 1770et. seq., CONTRACTORand any subcontractorunderCONTRACTORshall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Pursuant to the provisions of California Labor Code Section 1773.2, CONTRACTOR is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdaysand Sundays and overtime work in the locality in which the work is to be performed for each craft, classification, or type of worker required to execute the Contract, are on file In the office of the District Secretary, which copies shall be made available to any interestedparty on request. CONTRACTORshall post a copy of said prevailing rate of per diem wages at each job site.
103Exhibit 2
b. As requiredby Section 1773.1 of the CaliforniaLabor Code, CONTRACTORshall paytraveland subsistencepaymentsto eachworker needed to executethe Work, as such travel and subsistencepaymentsare defined in the applicable collective bargainingagreementsfiled in accordancewith this Section. c. To establish such travel and subsistence payments, the representative of any craft, classification, or type of workman needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within ten( 10) days after their execution and thereafter shall establish such travel and payments. d. CONTRACTORshall complyWiththe provisionsof Section 1775 of the California Labor Code and shall, as a penalty to CITY, forfeit up to fifty dollars($ 50) for each calendar day, or portionthereof, for each worker.paid lessthan the prevailingrate of per them wages for each craft, classification, or type of worker needed to execute the contract. CONTRACTOR shall pay each worker an amount equal to the difference betweenthe prevailingwage rates and the amount paid worker for each calendar day or portion thereof for which a worker was paid less than the prevailing wage rate. CONTRACTOR is required to pay all applicable penalties and back wages in the event of Violation of prevailing wage law, and CONTRACTOR and any subcontractor shall fully comply with California Labor Code Section 1775, which is incorporated by this reference as though fully set forth herein.
e. CONTRACTOR and any subcontractor shall maintain and make available for inspection payroll records as required by Labor Code Section 1776, which is incorporated by this reference as though fully set forth herein. CONTRACTOR is responsiblefor ensuringcompliancewith Labor Code Section1776and shall keep accurate payroll recordscontainingall such informationas maybecalledfor under Labor Code Section 1776 and other applicable provisions of State law. f. CONTRACTOR and any subcontractorsshall, when they employ any person in any apprenticeable craft or trade, apply to the joint apprenticeship committee administeringthe apprenticeshipstandardsof the craft or trade in the area of the work site for a certificate approving CONTRACTOR or subcontractorunder the apprenticeship standards for the employment and training of apprentices in the area or industryaffected; and shall comply with all other requirementsof Section 1777.5 of the California Labor Code, which is incorporated by this reference as though fully set forth herein. The responsibilityof compliancewith CaliforniaLabor Code Section 1777.5 during the performance of this contract rests with CONTRACTOR. Pursuant to California Labor Code Section 1777. 7, in the event CONTRACTOR willfully fails to comply with the provisions of California Labor Code 104Exhibit 2
Section 1777. 6, CONTRACTOR shall be deniedright to bidon ray public contractworksfor up to three from the datenoncompliance is determined and be assessed civil penalties.
g. In accordance withthe provisionsf Article 5, Chapter 1Division commencing itSection 1860), and Chapter4, Part 1, Division 4 (commencing with Section 3700) of the Californiar Code, CONTRACTORIs required securethe paymentof compensationto Its employeesand for that purpose obtain and keep In effect adequate Workers' Compensation Insurance I Liability Insurance. If CONTRACTOR, In the soleis of the CITYsatisfies the CITYthe responsibility and capacl r the applicable
Compensation e to act as self-insurer, CONTRACTORmay so act, and in such case, the insurance required this rprovided.
CONTRACTOR vl f the provisionstip 7 f the CaliforniaLabor which requiresv to r to be Insured againstliability for Compensation r to undertake self- Insuranoe in n with I that Code and shall comply withprovisions v Employers rt r l Liability limits f$ 1, 000, 000 per accident before commencingthe n f the work of this Contract. The Noticeto Proceed with the Work under this t will not be issued, and CONTRACTORII not commence work, until CONTRACTORI written that it has obtainedfull
Compensation Insurance coy r for all personswhom it employsor may employ In carrying out the Work underthl i Insurance shall be In with the requirementsthe most current and applicablestate Compensation Insurance Laws. In accordance withion of Section1861 of the California r Code, CONTRACTORin signingthis Contract certifies to the I true the following statement: " I am aware of the pmvisions of Section 3700 f the Labor Code which requires every employer to be insured against liability for Compensation r to undertake self- insurancein accordance with the provisionsf that Code, and i will comply with such provisions before commencingthe performance of the Work of this t subcontractor Is of allowed to commence the Work on the projectit verification of Workers' Compensation Insurance v ire verified
CONTRACTORnd submitted to the City Engineerfor t Ireview records.
n
In accordance withthe provisionsof Section 1727 of the Californiar the I i t to CONTRACTORunder
contract for public works, shall withhold and retain therefrom ll wages and penalties Ich have been forfeited t to any stipulationIn the contract, the terms t r 1 7, Division 2 of the CaliforniaLabor Code commencing it ion 1720). But no sum shall be withheld, retained or except from the final payment, t full investigation y either the Division f Labor Standards Enforcement or by the CITY.
105Exhibit 2
Section 17. Insurance.
a. Contractorshall at all times during the term of this Agreement cant', maintain, and keep Infull force and effect, insuranceas follows:
1. Commercial General Liability Insurance with minimum limits of One Million Dollars($ 1,000,000) for each occurrence and in the aggregate for any personal injury, death, loss or damage.
Z Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($ 1,00+0,000) per accident for bodily injury and property damage.
3. Worker' s Compensation insurance as required by the State of California. b. Contractor shall require each of its subconsultants or subcontractors to maintain insurance coverage that meets all of the requirements of this Agreement. c. The policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best's Insurance Guide.
d. Contractor agrees that if it does not keep the insurance required in this Agreement in full force and effect, City may either immediately terminate this Agreement or, if Insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Contractor' s expense, the premium thereon. e. Prior to commencement of work under this Agreement, Contractor shall file with City's Risk Manager a certificate or certificates of insurance showing that the insurancepoliciesare in effect andsatisfythe requiredamountsand specifications required pursuant to this Agreement.
f. Contractor shall provide proof that policies of insurance expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.
g. The general liability and automobile policies of insurance shall contain an endorsement naming City, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns as additional insureds.
All of the policies shall contain an endorsementprovidingthat the policies cannot be canceled or reduced except on thirty ( 30) days' prior written notice to City. 106Exhibit 2
Contractor agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the Insurer to mail written notice of cancellation imposes no obligation, and to delete the word " endeavor" with regard to any notice provisions.
h. The Insurance provided by Contractor shall be primary to any other coverage availableto City. Any insuranceor self-insurancemaintained by City, Its officers, employees, agents or volunteers, shall be In excess of Contractor' s insurance and shall not contribute with it.
i. All insurance coverage provided pursuant to this Agreement shall not prohibit Contractor, and Contractor' s employees, agents, subcontractors, or volunteers from waiving the right aF subrogation prior to a loss. Contractor herebywaives all rights of subrogation against City.
j. Anydeductiblesor self-insuredretentionsmust be approved by City. At the option of City, Contractor shall either reduce or eliminate the deductibles or self- insured retentionswith respectto City, or Contractorshallprocurea bondguaranteeing payment of losses and expenses.
k. If Contractor is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds.
i. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor's liabilityor as full performanceof Contractor's duties to indemnify, hold harmless and defend under Section 15 of this Agreement.
Section 18. Records and Inspection. Contractor shall keep, and require subcontractorsto keep, such books and records as shall be necessaryto documentthe performance of the Work and enable the City to evaluate the performance the Work. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, Including the right to Inspect, copy, audit, and make recordsand transcripts from such records. Such records shall be maintainedfor a period of four( 4) years following completion of the services hereunder, and the City shall have access to such records in the event any audit Is required.
Section 19. Termination.
a. Termination for Convenience. City may immediately terminate this Agreement for convenience, without cause and without penalty or liability at any time upon the Issuance of written notice to Contractor specifying the effective date of such termination. Such termination for convenienceshall be madein writing signed by the City Representative. Contractor may only terminate this Agreement for cause. 107Exhibit 2
b. Termination for Cause. In the event either Parity fails to perform any duty, obligation, service or task set forth under this Agreement or any Work Order ( or fails to timely performor propertyperformany suchduty,obligation, service or task set forth under this Agreement or any Work Order), an event of default( hereinafter, Event of Default") shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party ( hereinafter referred to as a Default Notice") which shall specify: ( i) the nature of the Event of Default; ( 11)the action required to cure the Event of Default; ( Ili) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth under subsection 19(b)(2) 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 shall constitute a breach of this Agreementif the defaulting Partyfalls to curethe Eventof Defaultwithin the applicablecure periodor any extendedcure periodallowedunder this Agreement.
An Event of Default shall include, but shall not be limited to the following: ( i) Contractor' 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; (! I) Contractor' s,and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; ( Ili) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to Contractor, whether voluntary of involuntary; ( iv) Contractor' s refusal or failureto performor observeany covenant, condition, obligationor provisionof this Agreement; andlor ( v) CITY' s discovery that a statement representation or warranty by Contractor relating to this Agreement is false or erroneous in any material respect, includingany statement, representationor warranty set forth in the Equipment Specifications.
1. Contractor shall cure the following Events of Defaults within the following time periods:
I. Within three( 3) business days of City's issuance of a Default Notice for any failure of Contractor to timely provide City or City's employees or agents with any information and/or written reports, documentation or work product which Contractor is obligated to provide to City or City's employees or agents under this Agreement. Prior to the expiration of the 3-day cure period, Contractor may submit a written request for additional time to cure the Event of Default upon a showing that Contractor has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period. The foregoingnotwithstanding, City shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds seven ( 7) calendar days from the end of the initial 3- day cure period; or
108Exhibit 2
Ii. Within thirty( 30) 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 30-day cure period, Contractor may submit a written request for additional time to cure the Event of Default upon a showing that Contractor has commenced efforts to cure the Event of Default and that the Eventof Defaultcannotbereasonablycuredwithinthe 30-daycure period. Theforegoing notwithstanding, City shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds thirty ( 30) calendar days from the end of the initial 30-day cure period.
If an Event of Default relates to a material falsehood or misrepresentation that is not susceptibleto a cure, City in its sole and absolute discretion may electto treat the falsehood or misrepresentation as a breach of this Agreement orwaive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver of a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by City.
2. Exceptas otherwise specified in this Agreement, City shall cure any Event of Default asserted by Contractor within thirty( 30) calendar days of Contractor' s issuanceof a Default Notice, unlessthe Eventof Default cannot reasonablybe cured within the 30- day cure period. Priorto the expiration of the 30-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 Defaultand that the Event of Default cannotbe reasonablycured withinthe 30-daycure period. Theforegoing notwithstanding, an Eventof Defaultdealing with City's failure to timely pay any undisputed sums to Contractor shall be cured by City within five( 5) calendar days from the date of Contractor' s Default Notice to City.
3. City, in its sole and absolute discretion, may also immediately suspend Contractor' s performance under this Agreement or any Individual Work Order or the performance of any specific task or function performed by Contractor underthis Agreement or any individualWork Order) pendingContractor's cure of any Event of Default by giving Contractor written notice of City's intent to suspend Contractor' 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, Contractor shall be compensatedonly for those services and tasks which have been rendered by Contractor to the reasonable satisfaction of City up to the effective date of the suspension. No actual or asserted breach of this Agreementon the partof City shall operateto prohibit or otherwise restrict City' s ability to suspend this Agreement as 109Exhibit 2
provided herein.
4. No waiver of any Event of Default or breach under this Agreement shall 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 shall give the other Party any contractual rights by custom, estoppel, or otherwise.
5. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall 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:
1. Upon written notice to Contractor, the City may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to Contractor, the City may extend the time of performance;
ill. The City may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for Contractor' s breach of the Agreement or to terminate the Agreement; or
iv. The City may exerciseany other available and lawful right or remedy.
Contractor shall 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.
6. Inthe event City is in breachof this Agreement, Contractor's sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to Contractor under this Agreementfor completed services and tasks. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the services required by this Agreement.
7. No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, 110Exhibit 2
warranty, agreement, term, condition, duty or requirement contained in this Agreement. INo waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
Section 20. Force Majeurs. The Completion Date shall be extended In the event of any delays due to unforeseeable use beyond the control of Contractor aind withoutthe fault or negligence of Contractor, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, dots, strikes, freight embargoes, wars, litigation, and/ or acts of any governmental agency, including the City, If the Contractorshallwithinthree(3)callandardaysofthecommencementof suchdelaynotify the City Representativein writing of the causes of the delay. The City Representative shall ascertainthe facts and the extent of delay, and extend the time for performingthe services 'for the periodof the einforceddelaywhenand if in the judgmentof the City Representative such delay is justified. " rhe City Representative' s determination shall be final and conclusive upon the parties to this Agreement, In no,event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, howevercaused, Contractors sole remedybeingextensionof the Agreement pursuant to this Section.
Section2l. Notices. Any notices, bills, Invoices, or reports required bythils Agreement shall be deemed received on: ( a) the day of delivery if deUveredby hand or overnight corder service during Contractor' s and City's regular business hours; or ( b) on the third business day following deposit in the United States mall, postage prepaid, to the addresses herstoforebelow, or to such other addressesas the parties may, from time to time, designate in writing.
if to city.. If to Contractor:
City of Bell Gardens West Coast Arborlsts Inc.
Department of Public Works Victor Gonzalez
7100 Garfield Avenue 2200 E. Via Burton Street
Bell Gardens, CA 92688 Anaheim, CA 92806
Phone: ( 562) 806- 7700 Phone., 714- 991- 1900
Attn: Public Works Director
With a courtesy copy to:
Rick Olivarez, City Attorney
Oliv are z Madruga Lemieux O' Neill,
LLP
500 S. Grand Ave. Floor ' 12
Los Angeles, CA 90071
Telephone: ( 213)' 744- 0099
Facsimile: ( 213) 744- 0093
111Exhibit 2
Section 22. Prohibition. Contractor shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City' s prior written consent, and any attemptto do so shall be void andof noeffect. City shall not be obligatedor liable under this Agreement to any party other than Contractor.
Section 23. Attorneys' Fees. In the event that City or Contractor commences any legal action or proceedingto enforce or interpretthe provisions of this Agreement, the prevailing Party shall be entitled to recover Its costs of suit, including reasonable attorneys' fees.
Section 24. Entire Agreement. All documents referenced as exhibits in this Agreement are hereby incorporated In this Agreement. Except as expressly provided in this Agreement or Its Exhibits, in the event of any conflict or inconsistency between the express provisionsof this Agreement and provisionsof any document incorporatedby reference, the provisions of this Agreement shall prevail and control. This instrument contains the entire Agreement between City and Contractor with respect to the subject matter herein. Noother prior oral or written agreementsare binding on the parties. Any modification of this Agreement will be effective only if it is in writing and executed by City and Contractor.
Section 25. Governing Law; Jurisdiction. This Agreement shall be Interpreted and governedaccordingto the laws of the StateofCalifornia. Inthe eventof litigationbetween the Parties, venue, without exception, shall 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, shall be in the Central Districtof California located in the Cityof Los Angeles, California.
Section 26. Severabiiity. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.
Section 27. Captions. The captions used in this Agreement are solely for reference and the convenience of the parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intentof any provision, and shall have no effect upon the construction or interpretation of any provision herein.
Section 28. Execution. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.
SIGNATURES ON NEXT PAGE)
112Exhibit 2
9 M
TO EFFECTUATETHISAGREEMENT, the partieshavecausedtheir duly authorized representatives to execute this Agreement on the dates set forth below.
City" Contractoe"
CITY OF BELL GARDENS: WEST COAST ARBORISTS C.
By:
a Inc a --__oney, resr en.
By:
Michael B. O Kelly, City Manager
Date: October 14, 2020
Date:
APPROVED AS TO FOR
By:
Rick Olivarez, City Attorney
113Exhibit 2
TOEFFECTUATETHISAGREEMENT.thepearttshavecausWttvr dulyauthorbmd representativesto execute this moment on the dates set forth below. ficitr CcrnbvzW
CrrY OF BELL GARDENS: T COAST ARE MISTS I
1 r p
r
fyc-)Ur Q oneyPiisiaen
By a.
Michael B. O' Kok, iiyManager
Date: October 142020
APPROVED AS TO
By. on behalf of
Rids ONvmz. City At# omey
114Exhibit 2
EXHIBIT" A"
CITY RFP
115Exhibit 2
REQUEST FOR PROPOSALS
y
p.
CONTRACT DOCUMENTS AND SPECIFICATION' S FOR
PUBLIC WORKS STREET TREE MAINTENANCE SERVICES
IN THE CITY OF BELL GARDENS
City of Bell Gardens
Public Works Department
8327 South Garfield Avenue
Bell Gardens, CA 90201
Phone: 562- 806- 7770
Fax: 562- 806- 7789
August 12, 2020
PRE- PROPOSAL CONFERENCE:
Not Required
PROPOSAL DUE DATE:
September 2, 2020 by 5: 00 P.
SUBMIT PROPOSALS TO:
ATTN: Chau Vu
City Clerk' s Office
7100 Garfield Avenue
Bell Gardens, CA 90201
116Exhibit 2
CITY OF BELL GARDENS
REQUEST FOR PROPOSALS
FOR
STREET TREE MAINTENANCE SERVICES
IN THE CITY OF BELL GARDENS
PROPOSALS SCHEDULE
Proposafs Period: August 12, 2020 to September 2, 2020 Proposal Due Date: September 2, 2020 by 5:00 P.M.
Tentative Award Contract September 28, 2020 City Council Meeting Tentative Start Date October 1, 2020
Proposals must be certified mail to submitted and received at the City of Bell Gardens, Office of the City Clerk, 7100 Garfield Avenue, Bell Gardens, CA 9020, 1;. up to 5;-00 P,.My- PS.'- on- W-ednesday.,- Septer bber-,2,- 202A. Only-.certified mail, FedEx, GSO proposals postmarked on or before September 2, 2020 will be accepted.
117Exhibit 2
TABLE OF CONTENTS
NOTICE INVITING PROPOSALS A 1 THRU A- 2
INSTRUCTIONS TO PROPOSERS B- 1 THRU B- 12
SPECIFICATIONS FOR STREET TREE MAINTENANCE C- 1 THRU C- 22 General C- 1
Term of Contract C- 1
Scope of Work Under This Contract C- 1 THRU C- 20
Contractor' s Liabilities C- 20 THRU C- 21
Workmen' s Compensation C- 21
Recycling Waste C- 21
Emergency Response Service C- 2
SAMPLE CONTRACTRUAL SERVICES AGREEMENT D- 1 THRU D- 18
REQUIRED FROMS FOR SUBMITTAL E- 1 THRU E- 14
Proposed Pricing for Tree Pruning E- 1
Proposed Pricing for Extra Work Services E- 2 THRU E- 3 Designation of Subcontractors E- 4
Non- Collusion Affidavit E- 5
Contractor' s Organization Statement and Performance
History E- 6 THRU E- 10
References Forms E- 11 THRU E- 14
118Exhibit 2
JDI
119Exhibit 2
NOTICE INVITING PROPOSALS
FOR
STREET TREE MAINTENANCE SERVICES
IN THE CITY OF BELL GARDENS
PUBLIC NOTICE IS HEREBY GIVEN that the City of Bell Gardens as AGENCY, invites sealed proposals for Request for Proposals for the above-stated project and will receive such proposals in Office of the City Clerk, 7100 Garfield Avenue, Bell Gardens, CA 90201, up to 5:00 P.M. on Wednesday, September 2, 2020.
Only certified mail, FedEx, GSO bids postmarked on or before September2, 2020 will be accepted.
Copies of the Requests for Proposals, Proposals Documents, Contract Documents and Specifications are available on the City' s website at htt sa/ www. bellcardens. ar / i-want- talview- bids- rf, s/,rff s-and- bids The Requests for Proposals, Proposals Documents, Contract Documents and Specifications can also be emailed, at no cost.
Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. In accordance with Labor Code Section 1770 et seq., the Project is a " public work.". The selected Proposer ( Contractor) and any Subcontractors shall pay wages in accordance with the determination of the Director of the Department of Industrial Relations (" DIR") regarding the prevailing rate of per diem wages. Copiesof those rates are on file with the DIR, and are availableto any interestedpartyupon request. The Contractorshall posta copy of the DIR's determination of the prevailing rate of per diem wages at each job site. This Project is subject to compliance monitoring & enforcement by the DIR.
In accordance with Labor Code Sections 1725. 5 and 1771. 1, no contractor or subcontractor shall be qualified to proposals on, be listed in a proposals proposal, subject to the requirementsof Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725. 5 [ with limited exceptions for proposals purposes only under Labor Code Section 1771. 1( a)]. Contractors shall provide their DIR Contractor Registration Number in the Pricing Proposal for Tree Pruning.
Pursuantto the provisionsof Section 1773.2 of the Labor Codeof the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determinedby the Directorof IndustrialRelationsof the Stateof California (DIR).
Attention is directed to the provisions of Section 1777.5 (Chapter 1411, 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, A- 1
120Exhibit 2
national origin, ancestry, sex, religion or handicap will also be required.
The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit proposals in response to this notice and will not be discriminated against on the basis of nace, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract.
In entering into a publicworks contract, or a subcontract, to supply goods, services, or materials 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 Caftright Act( Chapter 2 commencing with Section 16700 of Part 2 of Division 7 of the Business and Professions Code), arising from purchasesof goods, services, or materials pursuantto the public works contract or the subcontract. This assignment all be made and become effective at the time the awarding body tenders final payment to the CONTRACTOR, without further acknowledgement by the parties.
The successful proposer shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractoes License Class C- 27 ( Landscaping) and a C- 61/ D- 49 ( Limited Specialty/ Tree Service) at the time this contract is awarded. The successful CONTRACTOR and his subcontractors will be required to possess business licenses from the City of Bell Gardens.
No Proposals Bond is required. The City shall not be liable to pay any cost incurred by any firm or persons in submitting a proposal in response to this request Jor-request for-praposal.-......... ......
Proposals must be prepared on the approved Proposal forms in conformance with the Instructions to Proposers and submitted in a sealed envelope plainly marked on the outside as follows:
SEALED PROPOSALS FOR STREET TREE MAINTENANCE SERVICES IN THE CITY OF BELL GARDENS—
DO NOT OPEN WITH REGULAR MAIL:'
The AGENCY reserves the right to reject any or all proposals, to waive any irregularityandto takeall proposalsunderadvisementfora periodof 60 days.
BY ORDER OF the City of Bell Gardens.
A- 2
121Exhibit 2
CITY OF BELL GARDENS
INTRODUCTION
The City of Bell Gardensis solicitingRequestsfor Proposals (RFP) from qualifiedfirms to perform treetrimmingand tree maintenanceservicescitywide. The selectedfirm willalso be responsible for responding to the City's emergency tree issues.
Work will be available from time to time at different sites within the City, and will number approximately1,500 to 2,500 raisings, trimmings or removals per year. The City has approximately3,900 to 4,700 trees which make up its urbanforest which includes, but is not limited to, all city parks, facilities, streets, median islands and city-owned facilities.
The purposeof this contractIs to performspecifiedstreettree servicework on eachtree designatedby the Directorof PublicWorks, or her designee, of the City of Bell Gardens herein- after Director).
PROPOSALS SUBMISSION INSTRUCTIONS
CONTRACT DOCUMENTS
The Contract Documents shall consist of these Proposal Instructions together with the Notice Inviting Proposals, Proposal Forms, Contract Forms, and Specifications; all of whichareonfile and maybe obtainedas notedin the Noticeof InvitingProposals.
PROPOSALS
Proposals shall be made on the Proposal forms contained in the Contract Documents. All Proposal forms shall be properly executed with all items filled in, including the longhand signatureof all persons signing the proposal. The forms should be competedwithout intedineations or alterations.
The Proposer shall include the cost of all labor, materials, equipment, supervision, applicable taxes, overhead and profit in his unit proposals prices and any other factors that are necessaryto providethe servicesrequiredbytheseSpecifications.
RESPONSE TO PROPOSAL
Inadditionto theproposedpricingthe proposalat minimummustcontainfollowing:
A. Introduction, which includes:
i. Identification of the offering company including name, address, telephone, email, and fax number
ii. Acknowledgment of the receipt of RFP addenda if any; and M. Name( s), title, address, email, and telephone number of contact person during period of proposal evaluation.
iv. Department of industrial Relations License Number.
B- 1
122Exhibit 2
B. Qualifications: The overall capabilities of the contractor' s organization should be discussed in this section. Include a brief summary of the firm's history, its recent related experience of top-level management and the ability of persons assigned to perform theiwork. Possessionof appropriate business license and any specified certifications.
C. Personnel: This section must delineate the experience, license, certification, and/ or background of the personnel and an organization chart.
E. References: List three ( 3) former or present municipal clients for whom comparable services have been performed by the firm's employees within last five years. Include the name, mailing address, and telephone number of each client' s principal representative. References may be contacted with a request to rate the quality of the firms service.
F. Authorization: The proposal shall be signed by an official authorized to bind the firm and shall contain a statement to the effect that the proposal is valid for sixty( 60) days.
TERMS
The terms bid(s) and proposals(s) are interchangeable and shall be considered to mean the same In these Contract Documents.
PROPOSERS EXAMINATION
Before submitting a proposal, the proposer shall carefully examine the scope of services and other contract documents and ensure that he/she has a clear understanding of the contract requirements regarding-the'-performanw- ofservices.. . -- -
INTERPRETATION OF PROPOSAL AND DOCUMENTS
If any person contemplates submission of a proposal for the proposed contract and is in doubt as to the true meaning of any part of the scope of services, or other proposed contract documents, or finds discrepancies in, or omissionsfrom the proposal, he/she may submit to the Director of Public Works a written request for an interpretation or correction thereof. The person submittingthe request will be responsiblefor its prompt delivery.
Any Interpretationor correction of the proposeddocuments shall be made only by addendum dulyissuedandcopyof suchaddendumwillbe mailedor deliveredto eachpersonreceiving a set of such documents. Neither the Director of Public Works or the Agency will be responsible for any other explanation or interpretation of the proposed documents.
Proposals shall not contain any recapitulation of the work to be done. Alternative proposals will not be considered.
B- 2
123Exhibit 2
LEGAL_ RESPONSIBILITIES
All proposals must be submitted, filed, made, and executed In accordance with State and Federal laws relating to proposals for contracts of this nature whether the same are expressly referred to herein or not.
Any Proposer 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 scope of services, contract documents, and to full compliance therewith.
SUBMISSION OF PROPOSAL
Proposals must be prepared on the approved Proposal forms in conformance with the Instructions to Proposers and submitted In a sealed envelope plainly marked on the outside as follows:
SEALED PROPOSALS FOR STREET TREE MAINTENANCE SERVICES IN THE CITY OF BELL GARDENS—
DO NOT OPEN WITH REGULAR AIL"
DELIVERY OF PROPOSALS
Proposals may be mailed or delivered by messenger. However, it is the proposees; responsi- bility aloneto ensuredeliveryof the proposalto the handsof the AGENCY'S designated official prior to the Proposalsopening hour stipulated in the Notice Inviting Sealed Proposals.
Late proposals will not be considered and will be returned to the proposer unopened.
WITHDRAWAL OF PROPOSALS
A proposal may be withdrawn by a written request signed by the proposer. Such requests must be delivered to the AGENCY'S designated official prior to the proposals opening hour stipulated in the Notice Inviting Sealed Proposals. 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 proposer to submit a new proposal, providing there is time to do SO.
This RFP does not commit the City to award any contract. The City reserves the right, at its sole discretion, to reject any or all proposals without penalty, to waive irregularities in any proposals or in the RFP procedures, and to be the final judge as to which proposals are responsive, responsible and most qualified. Any proposal that contains items not specified, items that are incorrect, has incomplete portions of items scheduled, or does not respond to items in the manner specified in this RFP may be considered non- responsive and may be rejected on these bases at the sole discretionof the City. Proposalsoffering less than 90 days for acceptancefrom the proposed Proposals Due Date may be considered non-responsive and may be rejected.
Non-award of any proposal will not imply any criticism of the proposal or convey any indication that the proposal was deficient. Non- award of any proposal will mean that B- 3
124Exhibit 2
eitheranotherproposalwas deemedmore advantageousto the City, or that no proposal was deemed acceptable.
NON- COLLUSION AFFIDAVIT
Proposer shall declare that the only persons or parties Interestedin the proposal as principalsarethosenamedtherein;that no office, agent, or employeeof the Cityof Bell Gardensis personallyinterested, directlyor indirectly, Inthe proposal; thatthe proposalis madewithoutconnectionto any other individual, firm, or corporation making a proposal for the same work; and that the proposal is in all respects it and Wthout collusion or fraud. The Non- Collusion Affidavit shall be executed and submitted with the proposal.
DISCREPANCIES AND MISUNDERSTANDINGS
Proposers 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 proposer 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 orFamount of work necessary for the satisfactory completion of the job. It is the proposer' s responsibilityfor the accuracyoftheir proposalsand to ensurethat the proposed amounts are entered correctly and mathematically chocked. Any errors, omissions, or discrepancies found in the Plansi Specifications, or other. contra-at documents shall be called to the attention of the AGENCY and clarified prior to the submission of proposals.
If the unitpriceand the total amountnamedby the proposerfor any item are not in agreement, the unit price alone will be considered as representing the proposer's intentions, and the totals will be corrected to conform thereto. Any error in addition of the amounts constituting the items of the Proposals Schedule will be corrected and such corrected total shall be used to determine the successfulproposer. All pricesor sums shall include all sales and other taxes which may be applicable.
PROPOSERS INTERESTED IN MORE THAT ONE PROPOSALS
No person, firm or corporationshall be allowedto makeorfile, or be interestedIn more than one proposals for the same work, unless alternate proposals are caIIed-for. However, a person, firm or corporation who has submitted a sub- proposalto a proposer, or who has quoted priceson materialsto a proposer, is not thereby disqualified from submitting a sub-proposal or quoting toother Proposers.
B- 4
125Exhibit 2
AWARPLARIIER- IA
General Provision - The award of any contract shall be at the sole discretion of the C4. It is the intent to make an award to one Proposer for all requirements although the City reserves the right to make multiple awards depending on the Citys needs and what is in the best interest of the City. The City may accept or,reject any or all proposals in whole or in part and may waive informalities in the process. The contents of the proposal of the selected Proposer will become the basis for a contractual obligation when the award of proposals is made.
Tree Maintenance Services Proposals Award - EVALUATION CRITERIA Proposals that meet the submittal requirements will be selected for further evaluation and negotiations by the City. Selection of the top proposals shall be based on the following criteria:
Evaluation Criteria
PointsPossible
A Thoroughness and completeness of the proposal 5
QualificationsB
Qualifications ( company organization,
20 licensed/ staff)
C
Resources ( equipment, number of personnels 20
assigned to contract)
D Level of experience with similar projects 20
E
References from public agencies ( city reserves
10 right to contact any former agency not referenced)
F Costs 20
G Community Benefit 5
Total Points Possible 100
At the conclusion of the Proposal solicitation period, the City Will review each submission, and then rank the Proposals according to evaluation criteria. Upon determination of the highest ranked Respondent, the City will endeavor to negotiate a mutually agreeable fee with the selected Respondent. If the City is unable to reach agreement, the City will proceed, at its sole discretion, to negotiate with the next Respondent selected by the City.
B- 5
126Exhibit 2
PML41 HnW aes Rates
It shall be mandatory upon the Contractor to whom the agreement is awarded to pay not less than the prevailing rates of wages to all workers employed by him In the execution of the agreement. The Contractor will be required to comply with the California Labor Code, Article 2, Section 1770 through 1780 Inclusive and Article 5, Section 1810 through 1861 inclusive ( Laws and Regulations governing the payment of prevailing wages). The Contractor shall pay its employees the general prevailing rate of wages as determined by the Director of the Department of Industrial Relations. Contractor and any of their subcontractors shall keep an accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the- actual per them wages paid to each journeyman, apprentice, worker, or other employee employed. The payroll records shall be certified, available for inspection, and copies thereof furnished with the payment requests as prescribed in Section 1776 of the Labor Code. Contractor shall keep the City informed as to the location of the records and shall be responsible for the compliance with these requirements by all subcontractors.
AWARD OF CONTRACT
Issuance of this RFP and receipt of proposals does not commit the City to award a contract. If awarded, the contract will be awarded based on demonstrated experience and professional qualifications. The City reserves the right to reject all proposals and to contract for services in the manner that most benefits the City including awarding more than one contract If desired. In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the contractor to whom the award is contemplated.
TERM OF CONTRACT
The initial contract shall cover three ( 3) years and the contract period shall be three yearsfrom dateof executionby the City. The City may extendthe effective termination date of the contract, thereafter, by mutual agreement of the parties for one year periods, not to exceed twenty- four ( 24) months. The renewal periods can be authorized administratively by the City Manager.
Any increase in costs of the services, if approved by the City Manager, will be adjusted up to the C.P.I. of the Los Angeles region. This increase will not exceed 3% at any one time and the request must be submitted In writing with documentation verifying the percentage. The written request must be submitted by June 30 in order to take effect January 1 of the following year.
B- 6
127Exhibit 2
Proposer understands that this contract shall not bind nor purport to bind the City of Bell Gardens for any contractual commitment in excess of the original contract period. In the event the City exercises its options, all terms, conditions, and provisions of the original contract shall remain the same and apply during the extension period, unless otherwise mutually agreed to in writing by both parties.
Negotiations for contract extension may begin three ( 3) months before the effective termination date of the agreement in force and they shall end forty-five 45) days after the beginning date for contract extension. Should the city and the contractor not agree to the terms of a contract extension, the city may request proposals for the service with the intent that the service will continue uninterrupted until a new contract is awarded.
AMENDMENT OF CONTRACT
At any time during the contract, including those times when the contract is amended to extend the length of the contract, the city may, with the approval of the Bell Gardens City Manager, enact amendments to the contract that are mutually agreeable to both parties.
All amendments, with the exception of amendments that extend the length of the contract, shall take effect thirty ( 30) days from the date on which both parties formally agree in writing to enact the amendmentsunlessthe parties mutually agree to a shorter time period.
Any actionthat resultsin an increasein the "not to exceed" pricescommittedto by the successful proposer may require the city to re-open the contract to competitive bidding.
ASSIGNMENT OF CONTRACT
No assignment by the Contractor of the contract that Is to be entered into hereunder or of any part thereof, or of funds to be received thereunder by the Contractor will be recognized by the awarding authority unless such assignment has had the prior approvalof the awardingauthorityand the Surety has been given due notice of such assignment in writing and has consented thereto in writing.
If the Contractor intends to subcontract any portion of the work proposals upon, the proposals or offer must state the name and address of each subcontractor who will perform work, labor or render service to the Contractor in or about the construction of the work, in the amount equal to one-half of one percent ( 1/2 of 1%) of the Contractor's total proposals, and that portion of the work shall be included on the sheet provided in the Contract Documents.
B- 7
128Exhibit 2
ADDENDA OR BULLETINS
All proposers are advised as to the possibilityof issuance of addenda affecting the items, scope or quantity of the service requiredfor this project. Each proposer shall be fully responsible for informing themselves as to whether or not any such addenda have been issued. The effect to all addenda to the contract documents shall be considered in the proposal, and said addenda shall be made a part of the contract documents and shall be returned with them. Failure to cover in the proposal any such addenda issued may render the proposal irregular and may result in its rejection by the City.
WORKER' S COMPENSATION CERTIFICATE
Section3700 of the State Labor Code requiresthat every employer shall secure the payment compensation by either being insured against liability to pay compensation with one or more Insurers or by securing a certificate of consent to self insure from the State Director of Industrial Relations.
In accordance with the section and Section 1861 of the State Labor Code, the contractor shall sign a Compensation Insurance Certificate which is included with the Contract Agreement, and submit same to City of Bell Gardens along with the other required contract documents, prior to performing any services.
Reimbursement for this requirement shall be considered as included in the various items of services.
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 or telephonic proposal, modification, or withdrawal will be considered.
DIS UALIl= 1CATION OF PROPOSERS
In the event that any proposer acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected and the proposer will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one proposer, and while doing so, may also submit a formal proposal as a prime contractor. Proposals will be accepted from proposers who are not licensed in accordance with the provisions of the State Business and Professions Code; however, the successful proposer shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License, Class C-27, at the time a contract for this work is awarded.
B- 8
129Exhibit 2
INSURANCE AND BOTHER RE UIREMENTS
The Contractor hereby agrees to indemnify and hold harmless, including the cost to defend the City, and its officers, officials, agents, employees, and volunteers, from any and all losses, claims, liens, demands, liability, and causes of action of every kind and character including, but not limited to, the amounts of judgment, interests, court costs, legal fees, expert costs, expert fees and all expenses incurred by the City to the maximum extent allowed by law arising in favor of any party, that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant[ContractorNendorand its agents in the performanceof services under the awarded contract, but this indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by the City or the agents, servants, or independent contractors who are directly responsibleto City, or arising from the activenegligenceof City.
The Contractor shall maintain throughout the duration of the term of the awarded contract, liability insurance covering the Contractor and designating the City including its elected or appointed officials, directors, officers, agents, employees, volunteers, or consultants, as additional insured against any and all claims resulting in Injury or damage to persons or property ( both real and personal) caused by any aspect of the Contractor's work, in amounts no less than the following and with such deductibles as are ordinary and reasonable in keeping with industry standards. It shall be stated, in the Additional Insured Endorsement, that Contractor' s insurance policies shall be primary as respects any claims related . to or as the result of Contractor' s work. Any insurance, pooled coverage, or self-insurance maintained by the City, its elected or appointed officials, directors, officers, agents, employees, volunteers, or consultants shall be non- contributory. The Additional Insured Endorsement shall not apply to the Professional Liability Insurance.
I. INSURANCE
With respect to performance of work under this agreement, Contractor shall maintain insurance from a company acceptable to City as described below:
A. Worker's Compensation insurance with State of California statutory limits and employer' s liability insurance with limits of not less than $ 1, 000, 000 per accident. Worker's Compensation shall cover all employees and independent Contractor drivers.
B. Comprehensive general liability insurance with a combined single limit of not less than $ 1,000,000 per occurrence. Such insurance shall:
B- 9
130Exhibit 2
1. Include coverage of all vehicles used in this service.
2. Name the City, its elected and appointed officials, officers, employees, and agents as additional insured.
3. Be primary for all purposes.
4. Contain standard cross-liability provisions.
C. Proposer or contractor shall:
1a rnish a statement of insurance with the proposal describing to what extent they meet these requirements by types and amounts of coverage pr provide copies of certificates of insurance already In pIace which meet the minimum requirements.
2. Furnish properly executed certificates of insurance to City prior to start of work under this agreement, such certificates shall clearly evidence all coverage required above and provide that such insurance shall not be materially changed, terminated, or allowed to expireexcepton 30 days' priorwrittennoticeto City, and
3. Maintain such insurance from the time work first starts until completion of the Work under this agreement.
FAITHFUL PERFORMANCE DEPOSIT
Concurrent with the execution of an agreement and maintained throughout its ii61aa&n,—f66& ntFa ivaii r a a cash
deposit, irrevocable letter of credit, or other such document evidencing an Irrevocable cash deposit payable to the city in the amount of five thousand dollars ($ 5, 000), in a form approved by the city attorney, guaranteeing the contractor' s faithful performance of this agreement.
FEES. PERMITS. TAXES. AND CERTIFICATES
The contractor shall have the sole obligation to pay all license fees, assessments and taxes, including but not limited to use, sales, property, or other taxes, plus penalties and interest which may be imposed on the contractor as a result of the work under the contract.
PAYMENT
The contractor shall invoice the city monthly, submitting all management reports along with its invoice. The city shall pay the contractor monthly and within a reasonable time from receipt of invoice, in a manner consistent with the city's normal accounts payable practices. Failure to pass inspection on any maintenance repair or service will result in non- payment for that it until such item as the contractor can present the it to the City in acceptable form. 1 131Exhibit 2
PAYMENT PENALTY
The City will withhold $ 100 per day should all routine monthly maintenance, reporting and other regularly scheduled routine maintenance Items not be performed within the prescribed timeframes.
TERMINATION OF THE CONTRACT
A. The city shall have the right to terminate the contract upon giving a thirty 30) day written notice of such termination to the contractor. In the event of such termination, the city shall determine the amount of fees to be paid to the contractor for services rendered to the date of termination. This determination, in the amount determined and as approved by the Bell Gardens City Council, shall be final and conclusive.
Any of the following provisions may result in termination of the contract executed between the City and the successful proposer:
1) Bankruptcy of the contractor or assignment by it to the benefit of its creditors.
2) Failure or refusal of the contractor ( after written warnings by the city) to perform the services specified in the contract in a manner satisfactory to the city.
3) Failure or refusal of the contractor to comply with the instructions of the city or with applicable federal, state, and local laws. 4) Any evidence of fraud or over- billing to the city. 5) Any loss of funding or non-appropriationof funds as a result of budget considerations.
6) Unavailability of the person designated in the contract as the contractor's project manager.
C. The contractor may terminate the contract by providing the city with written notification submitted at least forty-five ( 45) days before the contractors desired date of contract termination.
D. The city and contractor may mutually terminate the contract if a new contract is established and approved by both parties.
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132Exhibit 2
For technical questions, contact:
Veronica Sanchez
Administrative Specialist
EMAIL: vsanchez beligardens. or
All written questions will be answered in writing and conveyed to all Respondents via the City's online portal. Oral statements regarding this RFP by any persons should be considered unverified information unless conveyed in writing: To ensure a response, questions must be received in writing or email by 5:00 PM August 20, 2020.
B- 12
133Exhibit 2
CITY OF BELL GARDENS
SPECIFICATIONS FOR
STREET TREE MAINTENANCE
GENERAL
The City of Bell Gardens is soliciting Requests for Proposals (RFP) from qualified firms to perform tree trimming and tree maintenance services citywide. The selected firm will also be responsible for responding to the City's emergency tree issues.
Work will be available from time to time at different sites within the City, and will number approximately 1,500 to 2,500 raisings, trimmings or removals per year. The City has approximately3900 to 4,700 trees. which make up its urban forest which includes, but is not limited to, all city parks, facilities, streets, median islands and city-owned facilities.
The purpose of this contract is to perform specified street tree service work on each tree designated by the Director of Public Works, or his designee, of the City of Bell Gardens herein- after Director).
The project budget for the previous fiscal year was$ 230,000.
TERM OF CONTRACT
The term of the contract is for three (3) years from the date of its execution by the City, and may be extended thereafter by mutual agreement of the parties for one year periods, not to exceed 24 months. The renewal periods can be authorized administratively by the City Manager. Any increasein costs of the services, if approvedby the City Manager, will be adjusted up to the C. P. I. of the Los Angeles region. This increase will not exceed 3% at any one time and the request must be submitted in writing with documentation verifying the percentage. The written request must be submitted by June 30 in order to take effect January 1 of the following year.
SCOPE QF WORK UNDER THIS CONTRACT
It shall be understood that the Contractor will be required to perform and complete the proposed tree trimming and maintenance work in a thorough and professional manner, by providing all labor, tools, equipment, materials and supplies necessary to complete all work in.a timely manner, in a way that will meet all the City's requirements.
A. ANNUAL MAINTENANCE PROGRAM
1. Upon agreement award, the successful Proposer shall be required to submit a work schedule based on the City's annual pruning requirements, removal and replacement program and planting projects. The proposals shall include a recommended annual work plan, daily work schedules, personnel and vehicles that would be required to complete the annual maintenance program.
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134Exhibit 2
Depending on the City's current and future program needs; the scheduled work may require multiple crews to perform concurrently within the same time constraints.
2. The Contractor shall have competent working supervisors at each jobsite at all times when work is being performed. Each supervisor must be capable of communicatingeffectivelyboth in written and oral English and holding the necessary certifications or credentials as. described for that position herein.
All supervisors must possess adequate technical background to ensure that all work is accomplished in accordance with the special provisions of this Request for Proposals. An ISA Certified Treeworker is required on- site at all times while work is being performed.
3. Contractor is required to have a Project Manager available by telephone on a 24- hour basis that, is assigned to provide direct and prompt attention to requests from City for emergency and after-hours tree service requests.
4. The contractorshall be responsiblefor responding to tree related emergency situations during normal business hours of operation, after-hours, weekends and holidays. The Contractor shall have the capacity to deal with any tree related emergency situation ranging from limbs down on single trees to storm related damage that involves a large number of trees requiring the commitment and focus of significant resources and staffing levels for several days. Response time and protocol during emergencies is critical to the City of Bell Gardens. As part of this agreement, the Contractorshall be requiredto make the City of Bell Gardens a priority client for responses during emergencies that cover t h e four county area surrounding Bell Gardens.
a. Telephone responses by the Contractor to tree related emergency calls during normal business hours of operation and after-hours shall be made within ( 15) fifteen minutes of the initial call.
b. The response time for a crew to arrive on- site for tree related emergenciesduringnormalbusinesshoursofoperationisthirty( 30)minutes. c. The response time for a crew to arrive on- site for tree related emergencies outside of normal business hours of operation is two( 2) hours.
Failure to meet these requirements by the agreement firm shalt result in a 500 penalty for each occurrence.
a. Contractor shall employ sufficient personnel qualified by reason of education, training and experience to discharge the services agreed to be performed by Contractor. Contractor shall provide service of the highest quality at all times, and personnel retained to perform this service shall be temperate, competent and otherwise fully qualified to fulfill the Contractor's obligations under the agreement.
6. All employees of Contractor performing services shall be dressed in clean, unaltered uniforms with suitable company identification. No portion of the uniform may be removed while working. Employees not in uniform shall be immediately removed from the work area. The Contractor shall provide a standard uniform consisting of at least a collared shirt with buttons, complimenting pants, a belt C- 2
135Exhibit 2
and boots appropriate to the worts. All shirts, jackets or safety vests shall be clearly marked with company identificationand the name.of the employeewearing the uniform in the field. Contractor employees shall appear neat and well- groomed at all times. Contractor employees shall wear orange safety vests when operating machinery and/ or while working within five hundred ( 500) feet of moving traffic or such other distance required by any applicable laws.
The Contractor's employees shall be subject to the following minimum requirements, skills,. abilities and knowledge:
a. The proper license to operate equipment.
b. Ability to operate and maintain equipment in accordance with the manufacturer' s recommendations.
c. Mechanical ability to make required operator adjustments to the equipment being used.
d. Knowledgeable of safety regulations as they relate to tree care and traffic control.
e. American Red Cross Standard First Aid Certification minimum of one member of each crew).
f. Ability to communicate orally and in writing in English. g. Demonstrated knowledge of tree care and related operations.
S. MAINTENANCE ACTIVITIES
Contractor may be required to perform the following tree trimming and maintenance activities at various sites throughout the City:
1. Tree pruning
2. Tree removal
3. Tree planting
4. Crew rental
5. Emergency response
6. Line clearance pruning
7. Clearance pruning
8. Grid pruning program (Ex. 5 years)
9. Tree watering
10. Pesticide treatment( as needed)
11. Small tree care
12. Palm trunk skinning
13. Root pruning
14. Specialty equipment rental
15. Arborist servicestinspection
16. Foliar and pesticide treatments
17. Data entry
18. Webpage development
19. Additional work
20. Qualifications
21. GPS Tree inventory
22. Online maintenance access"
Online maintenance is defined as Internet access to an Urban Forestry Management tool that Includes work order tracking, ability to send work requests C- 3
136Exhibit 2
includingbut not limitedto pruning, planting, and removal, access to reports for tree inventory, value of the urban forest, job balance and GPS accessibility ( if applicable).
C. TREE INVENTORY
Upon agreement award, the successful Proposer shall be required to provide a completeupdateof the City's tree inventoryat no additionalcost to the City and to submit the completed inventory to the City within three ( 3) months of the agreement award. The tree inventory data shall conform to the existing tree Inventorydatabaseand includebut not be limitedto the followingdata fields:
1. Tree Location
A GPS tree inventory shall be created with a new database using the City's standardized addressing system for all parks and open space areas. The Contractor shall be required to create an ESRI ArcVlew/ Arc GIS compatible " shape file".
The inventoryshall be capable of showing the location of every existing tree site and vacancies on the City' s existing GIS base maps ( streets, parcels, addresses, ROW and hardscape, etc.).
The tree inventory shall be conducted by visiting each tree site or vacant plantingsite and plot the position. The data shall be compatible with the latest version of ArcView. The minimum accuracy shall be not more than one 1) foot. I
This inventory will be updated daily by a qualified GIS technician. The City shall have access to updated data at all times per Section IV, Paragraph N, Record Keeping".
2. Measurement of Canopy Spread
As a part of the data collection process, the canopy spread will be measured using either a laser rangefinder or a Roll-a-Tape, to the nearest foot, using a pre- established uniform protocol. This data shall be included in the inventory database in a format suitable for use by the City.
3. Tree Condition
a. General condition of individual trees
b. Pruning requirements ( i. e., recommended pruning cycle) c. Condition of surrounding hardscape ( i.e. displaced or recent repairs).
D. WORK QUALITY AND GENERAL STANDARDS
All work as part of this agreement shall comply with good arboreal practice for the particular species of trees being trimmed, shall be consistent with the Pruning Standards as adopted by the International Society of Arboriculture, and/ or Pruning Landscape Trees" by U. C. Agricultural Extension Service # AXT- 288. The C- 4
137Exhibit 2
Contractor shall also meet the requirements of the most current American National Standards, Z133- 1- 1972, entitled " Safety Requirements for Tree Pruning, Trimming, Repair or Removal," published by the American National Standard Institute, Inc., 1430 Broadway, New York, New York 10018.
The Public Works Street Maintenance Supervisor shall determine if the Contractor has met all trimming requirements, and payment shall not be made for trimming that is not in accordance with the above standards. The Contractor shall be deemed in agreement default if they consistently fail to comply with the agreement standards.
Prior to beginning the work, the Contractor shall review with the City's Public Works Street Maintenance Supervisor the various methods, tools and work scheduling to be used on the project. Unless otherwise indicated, tree trimming shall include but not be limited to current industry standards for pruning.
Any structural weakness, decayed trunk or branches, or split crotches or limbs discovered by the Contractor during the course of trimming shall be reported to the Public Works Street Maintenance Supervisor for determination of action, as soon as it is discovered.
Contractor shall be responsible for the removal of all vines entwined in the tree or around its trunk, and the removal of sucker growth from tree trunks.
Daily tree trimming operations shall commence no earlier than 7:00AM and shall be completed each day no later than 5:00 PK
E. PUBLIC NOTICING
The Contractor shall supply and post standard signage on the trunk of the tree at the work site at which work is to be performed, at least seventy two hours ( 72) in advance of work with the signage clearly stating what type of work is to be done and what affect the work will have on parking availability at that particular site. Posting shall be affixed to the tree trunk using materials that do not cause permanent damage to the tree. In the event that a tree trunk is not available for posting, the Contractor shall affix the posting to a standard size safety cone and place that cone in the center of the parkway where a tree is to be planted or atop a stump that is scheduled for grinding.
F. TOOL SANITATION
On all trees, including palms, known or suspected to be diseased, pruning tools and cut surfaces shall be disinfected with a ten ( 10) percent chlorine bleach solution after each cut and between trees where there is danger of transmitting the disease on tools. Fresh solution shall be mixed daily. Old solutions shall be disposed of through proper disposal methods. Dumping used or old bleach solutions on the ground or down the storm drain and will result in severe penalties to the Contractor.
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138Exhibit 2
G. WILDLIFE PROTECTION
Prior to the commencement of any work In the vicinity of any tree, each tree shall be visually surveyed, from all sides, for the sole purpose of detecting the presenceof birdnests or wildlifeof any type. If a nest is found and is determined to be active, there shall be no work of any type in the tree in is the nest is found without the written permission of the City's Public Work Street Maintenance Supervisor. At no time shall any, nest or wildlife be removed from its location. In the event that wildlife is accidentally displaced and needs assistance, the Contractor shall notify the City' s Animal Control service and/ or the nearest appropriate animal rescue facility, as Identified in 1he Contractor' s submittal required herein regarding " ProtecUon of Wildlife", shall be contacted for assistance.
H. PRE- INSPECTION
Prior to the commencement of any work in the vicinity of any tree, the Contractor shall identify the location of utilities, irrigation components and/or any private propertyelement(s) that could be compromisedby any work activity. If identified, the Contractor shall is appropriate action to protect same. If, during the course of pre-inspection, the Contractor identifies damage that exists before the onset of work, the Contractor shall document the damages with photos and report such damage to the City's Public Work Street Maintenance Supervisor prior to commencingwork in that area. All photo documentationshall have the time and date embedded, Any claim, of damage that cannot be refuted by photo- documentation and/ or a written report to the City's Public Work Street Maintenance Supervisor shall be considered the responsibility of the Contractor.
1.SETUP, TiOPERAONS, EQUIPMENT STAGING
The Cbhtt dt6f shall s6tUo,' operate are.....- t ge in a 'manner that presents' the least amount of disruption to residents, businesses, and the public and traffic flow.
Outside of an emergency situation, at no time will multiple setups or equipment staging be allowed on of sides of a street within the same block. Equipment shall never be stored or left unattended on a public street, City facility or private property, The staging of equipment shall not be exempt from the work our restrictions defined herein.
J. IDENTIFICATION AND REPORTING OF HAZARDS
While performing work of any type, the tree worker should Inspect for any obvious hazards related to trees, including uplifted sidewalk segments. All hazardous situations should be corrected or promptly reported to the ity® Any defective or weakened trees shall be reported to the iy® Public Work Street Maintenance Supervisor.
K. RISK MANAGEMENT
Tree work is a controlled task. At no time should work be performed so as to result in a loss of control incident ( e. g. free- failing large limbs or trunk sections, in cuffing to- avoid use of ropes/ hoisting equipment, is of safety apparatus/equipment guards, improper use/ loading of equipment). Failure to maintain control at all times C- 6
139Exhibit 2
shows a lack of planning and judgment, which is considered dangerous, and can result in serious injury or death. The Contractor will be held liable and will be penalized as is appropriate. No reasoning will be accepted for loss of control incidents. In addition to penalties and/or the withholding of agreement payments, the Contractor shall be responsible for the mitigation of any damage related to a loss of control incident.
L. CLEANUP OF GREEN WASTE AND DEBRIS
Limbs, logs or any other debris resulting from any tree operations shall be promptly and properly removed. The work area shall be kept safe at all times until all operations are completed. Under no circumstances shall the accumulation of brush, limbs, logsorotherdebrisbeallowedtoposea hazardtothepublic. During production trimming and removals, debris shall be removed from public rights of way and private property within one ( 1) hour of the completion of work on the tree from which the debris was generated. All trimming activities shall cease immediately if clean up equipment ceases to function or is not available ( e.g. loader, roll off equipment, staff). Street rights of way shall not be used to stage unattended debris generated during standard work hours. All debris from tree operations shall be cleaned up each day before the work crew leaves the site. All lawn areas shall be raked, all streets/ sidewalks shall be swept, and all brush, branches, or- other debris shall be removed from the site. Areas are to be left in a conditionequal to or better than that which existedpriorto the commencementof tree operations. No material is to be allowed to enter any storm drain.
M. DISPOSAL OF MATERIALS
The City is to Receive Recycling Credit under AB939 for all green waste produced as a result of the Contractor's operations under this Agreement. All green waste shall be reduced, reused, recycled, and/ or transformed by Contractor.
Weightslipsshall be requiredas proofof final disposaland must be submitted by Contractorwith each demandfor payment. All brushgeneratedfrom tree trimming operations shall be recycled where practical.
1. Wood Chips
Chips generated from trimming operations within the City of Bell Gardens may be dumped and spread at a City designated site with written permission from the City's Public Work Street Maintenance Supervisor.
At the direction of the City's Public Work Street Maintenance Supervisor, wood waste generated from tree removals shall be chipped into pure wood chips with an even uniform size, These chips shall be dumped and spread in specified locations in the City.
Reducing shall include but not be limited to chipping, grinding, and/ or shredding operations. Disposal is to be at a recycling yard for use in a mulching program, and Contractor shall provide proof of such with each demand for payment.
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140Exhibit 2
N. RECORD KEEPING
Contractorshall provide and operate, at no cost to the City, a computerizedtree inventory system that is capable of uploading historic data and that is compatible with the current City Inventory system. This system shall be password accessible twenty four (24) hours each day of the year via the intemet. Historictree inventory and work history data, to be provided to the City, shall be uploaded and operational within Contractor's tree inventory system prior to the commencement of any tree servicework under the terms of an awarded agreement. Thereafter, the Contractor shall update and maintain the tree site specific, intemet accessible, computerized tree Inventory system to reflect changes In baseline data ( e. g. species, height, DBH) and to record the date, cost and crew identity for any trimming, removal, planting or emergency response work that occurs at any tree site at which tree work is performed. The system shall be upgraded to reflect the removal and replacement of trees, as well as the addition of trees to the inventory.
The system shall be capable of maintaining and displaying all past work histories for any and all tree sites in the inventory, both individually and collectively by query, as well as future schedulingto'the extent known. All aspects of the system including, but not limited to, data entry, system maintenance, system hardware and/ or software upgrades and server security and stability shall be the responsibilityof the Contractorand shall be providedat no cost to the City of Bell Gardens, The system shall not be proprietary in the nature of its function and shall operate and Interface with common computer software and web based applications, including the ability to export data into common spreadsheet applications. The records createdfor the City shall be the propertyof the City.
Tree- sftwftsk *spoalfic harticopy -,backup- -data- for- any work- that---has- occurred during a billing cycle shall accompanythe invoicing for that period and shall be accessible for review on the intemet based computerized tree inventory system prior to the submittalof invoicingfor that work. Invoicing for work that does not meet the requirements defined herein will not be processed for payment until such time as the requirements have been satisfied.
Failure to meet and maintain the requirements for the computerized tree inventory system shall be grounds for termination of the agreement.
O. ACCIDENT INVESTIGATION
Any duty-relatedaccidentwhich resultsIn any injury shall be reportedto the City's Public Work Street Maintenance Supervisor within one ( 1) hour by the contractor.
Contractor shall cooperate fully with the City in the investigation of any accident, Injury or death occurring on City property including a complete written report submitted to the City's Public Work Street Maintenance Supervisor, or designated representative, within 24 hours following the occurrence.
Should any structure or property be damaged during permittedor contracted tree operation, the persons conducting the work shall immediately notify the property owners and City's Public Work Street Maintenance Supervisor, or C- 8
141Exhibit 2
designated representative within one (1) hour. Repairs to property damaged by the responsible party shall be made within forty eight ( 48) hours, except utility lines, which shall be repaired the same working day. Repairs on private property shall be made in accordance with the appropriate building code under permits issued by the City of Bell Gardens as applicable. Any damage caused by the permitted or contractedpersons shall be repaired or restored by them at their expense to a condition similaror equal to that existing beforesuch damage or injury, or they shall repair such.damage in a,manner acceptable to the City.
Special attention Is drawn to existing irrigation systems, plant material, landscape features, lights and utility boxes in City parkways, parks and public landscape . areas and the need to avoid damage and to repair any damage that occurs on the same day that the damage occurs.
The Contractor' s responsibility shall be continuous and not be limited to working hours or days.
P. INSPECTIONS
The City's Public Work Street Maintenance Supervisor shall be furnished with every reasonable facility for ascertaining full knowledge of the daily tree maintenance operations involving the workmanship, character of materials and equipment used and employed in the work. Each day, the Contractor shall be required to provide the City's Public Work Street Maintenance Supervisor, or designated representative, with a written schedule of all daily tree maintenance operations including but not limited to trimming, planting, removals, stump grinding, root pruning, and watering.
Inspection of the work shall not relieve the Contractor of any obligations to complete the work as outlined in this document. Defective work shall be made good even if the defective work was not pointed out during the initial inspection and the work was accepted forpayment.
Any work found to be unacceptable will be noted in writing. Upon receipt of notice of any deficiencies, the Contractor shall make a reasonable effort to correct the deficiencies within five' ( 5) working days. If unacceptable conditions are not corrected within this time period the City shall have the right to deduct payment or have services performed by others at Contractor's expense.
Q. WITHHOLDING PAYMENT
The City may withhold payment to such extent as may be necessary to protect the City from loss due to one or more of the following reasons:
1. Defective, Unsatisfactory or inadequate work not corrected.
2. Claims filed or reasonable evidence indicating probable filing of claims.
3. Failure of the Contractor to make proper payments to subcontractors or for materials or labor.
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142Exhibit 2
4. A reasonable doubt that the agreement can be completed for the balance unpaid.
5. Damage that resulted from an incident involving property damage.
R. MINOR MODIFICATIONS AND/ OR ADDITIONAL WORK
The City may modify these specifications with the joint approval of the Contractor and the City of Bell Gardens Representative. All modifications shall be in writing.
1. In the event that the City of Bell Gardens should require additional work beyond the requirements of these specifications, the Contractor shall perform all work at a competitive price within the industry.
2. Additional work may be added to the agreement work as the need arises. The Contractor shall perform all specified and approved additional work at the unit prices submitted with the Contractor' s proposals.
3. The Contractor must be willing to provide a competitive price for additional work that may be added to the agreement. Contractor will be required to demonstrate the ability to properly execute the expanded workload with the necessary increase in labor, materials and equipment needed to complete the additional work in a timely manner.
The Contractor must have the ability to receive and respond to emergency situations. The response time for a crew to arrive on- site for tree related emergencies during normal business hours of operation is thirty ( 30) minutes.
The response time for a crew to arrive on- site for tree related emergencies outside of normal business hours of operation is two ( 2) hours.
S. HARDWOOD TREE PRUNING
Any tree work performed on a City tree must be done according to the City's specifications. The criterion for pruning varies based on the type or purpose of pruning.
1. General Specifications for hardwood tree prUning
a. Contractor shall consult with the City's Public Work Street Maintenance Supervisor before making any cuts that could result in permanent disfigurement of the structure of any tree.
b. Trees shall be pruned so as to prevent branch and foliage interference with safe public passage. Street clearance shall be kept to a minimum of fourteen feet, six inches ( 14' 6") above the paved surface of the street and fourteen ( 14) feet above the curb and surface of a public sidewalk or C- 10
143Exhibit 2
pedestrian way. Exceptions are allowed for young trees, which would be Irreparablydamagedby such pruning action. If pruning to these standards would result in permanent disfiguration of a tree, the Contractor shall not prune the tree until such time as directionis obtained from the City's Public Work Street Maintenance Supervisor.
c. When removing a live branch, pruning cuts should be made in branch tissue just outside the branch bark. ridge and collar, which are trunk tissue.
If no collar is visible, the angle of the cut should approximate the angle formed by the branch bark ridge and the trunk.
d. When removing a dead branch, the final cut should be made outside the collar of live callus tissue. If the collar has grown out along the branch stub, only the dead stub should be removed, the live collar should remain intact and uninjured.
e. Whenever pruning involves the removal of limbs that are too large to hold securely in one hand during the cutting operation, the limb shell be cut off first at a point several feet beyond the intendedfinal cut. The final cut shall be made in a manner to prevent unnecessary tearing back of the bark and wood. Cuts that result in tearing of tissue on limbs below cuts shall be corrected.
f. All final tree pruning cuts shall be made in such a manner so as to favor the earliest possible covering of the wound by natural callus growth.
Excessively deep flush cuts, which produce large wounds or weaken the tree at the cut, shall not be made. The branch collar should not be removed, g, All dead and dying branches and branch stubs shall be removed. h. All broken or loose branches shall be removed.
I. Branches that are developing in such a manner as to become larger than the limbsthey originatefrom shallbe removed.
j. When encountering limbs that are weighted with more foliage than the limb is likely to support, selectively prune branches toward the end of the limb in order to reduce end weight and thus decrease the likelihood of limb failure.
k. Selectively prune branches that create sight line conflicts with traffic control signs and/ or devices.
I. Selectively prune branches that are within five( 5) feet of a structure. m. Clear trees of sprout or sucker growth to a minimum height of ten ( 10) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by Such pruning action.
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144Exhibit 2
n. Prune so as to maintain a balanced appearance when viewed from the opposite side of the street immediately opposite the tree, unless authorized by the C4' s Public Work Street Maintenance Supervisor to do otherwise, o. Remove all vines entwined in trees and on tree trunks. Vine tendrils shall be removed without injury to trees.
p. Tree limbs shall be removed and controlled in such a manner as to cause no damage to other parts of the tree, or to other plants or property.
All tools used on a tree known to contain an infectious tree disease shall baproperly disinfected immediately before and after completing work on such tree.
r. All major pest problems shall be promptly reported to the City. s. All cutting tools and saws used in tree pruning shall be kept sharpened to result lei final cuts with an un- abresive wood surface and secure bark remaining Intact.
t. All trees six (6) inches in diameter or less shall be pruned with hand tools only.
u. Chain saws will not be permitted to remove any branches two ( 2) inches or less in diameter. This is to prevent any unnecessary abrasions to cambial tissue that may predispose a tree to insect and/ or future diseeWdecay problems.
v. Any extraneous metal, wire, rubber or other material interfering with tree I----
g-r6Wth—sVglt-tF6-r6rffoviFd--Wh'en pa- sible-.
w. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, unless specifically directed by the City to aid in the safety of climbers performing the removal of a tree.
2. Prune Classifications for Hardwood Trees
A Full Prune is performed when conditions within the crown of a hardwood tree are such that the entire tree needs to be fully pruned. Complete pruning is recommended when the primary objective Is to maintain or improve tree health and structure, and includes pruning to reduce overall canopy mass and excessive wood weight. All trees shall have no more than 30% of the live foliage removed. A Full Prune typically consists of one or more of the following pruning treatments:
a. Crown Cleanlg_q: Crown Cleaning or cleaning out is the removal of dead, diseased, crowded, weakly attached and low-vigor branches and water sprouts from the entirety of the tree crown. Care must be used to avoid stripping branches of all foliage at the interior of the tree crown. This practice, known as " lion tailing" disrupts the structural integrity of the tree, making it subject to limb and branch failure, especially during high winds, b. Crown Thinning: Crown Thinning includes crown cleaning and the 1 145Exhibit 2
selective removal of branches to increase light penetration and air movement into and through the crown. Increased light and air stimulates and maintains Interior foliage, which in turn improves branch taper and strength. Thinning reduces the wind-sail effect of the crown and the weight of heavy limbs. Care must be usedto avoid strippingbranches of all foliage at the interior of the tree crown. Thinning the crown can emphasize the structural beauty of trunk and branches as well as improve the growth of plants beneath the tree by increasing light penetration. When thinning the crown of mature trees, up to 30% of the live foliage may be removed Unless directed otherwise by the City's Public Work Street Maintenance Supervisor.
c. Crown Reduction: Crown Reduction is used to reduce the height and/ or spread of a tree. Crown reduction varies from topping, a destructive practice, in that cuts are not made indiscriminately, resulting in large stubbed off limbs that are subject to decay. While reducing a crown, tree workers must adhere to basic tree trimming practices Involving limb/ branch size relationships and use of the branch bark collar in avoiding the onset of decay at cut sites.
d. Crown restoration:
Crown Restoration is corrective pruning used as a means to restore the form of crowns that have been previously damaged by extenuating circumstances. This treatment is best performed by tree workers who have a good understandingof the effects of pruning for the cultivation of tree canopies.
e. grown Raising/Clearance„Prune:
A Crown Raising or Clearance Prune is performed when conditions within the crown of a hardwood tree are such that a certain objective needs to be met or a certain condition needs attention. A crown raising or clearance prune does not involve the detail of work found in a full prune. Crown raising or clearance pruning may consist of one or more of the following pruning types:
1. Crown Raising: Crown Raising consists of removing the lower branches of a—tree in order to provide clearance for buildings, vehicles and pedestrians. It is important that a tree have at least one- half of its foliage on branches that originate in the lower two- thirds of its crown to ensure a well- formed, tapered structure and to uniformly distribute stress within the tree.
2. Clearance Prune: Clearance prune is employed as a means of eliminating limbs from the crown of a hardwood tree when an entire pruning of the tree Is not warranted. Clearance pruning does not involve the fine detail work described herein as " full prune.-
3. Pruning Specifications for individual Hardwood Species a. GeneralTrimmingand Shapingof Conifers
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146Exhibit 2
Two basic classes of conifers can be found in Bell Gardens, those with branches radiating out from the trunk In whorls such as Pine trees or Cedar trees and those that sprout branches in a random manner such as Juniper or Taxus. Conifers shall typically be pruned in late winter or early spring. Typically, up to 30% of the live foliage may be removed unless directed otherwise by the City's Public Work Street Maintenance Supervisor.
1. Contractor shall avoid damaging the central
leader on all conifers. In specific cases the
City's Public Work Street Maintenance Supervisor
may direct the contractor to remove the central
leader in an effort to limit the height of specific
trees.
2. At the time of pruning, the City's Public Work
Street Maintenance Supervisor shall determine
which trees shall have the new growth pinched
back in an effort to control canopy size.
3. To control the growth of large, mature conifers
contractor shall be required to prune the new
growth of lateral limbs.
4. Typical pruning of conifers shall consist of
removing crossed limbs, deadwood or unwanted
branches from the interior of the canopy.
b. General Trimming and Shaping of Broadleaf Trees
Follow the shape indicated by the natural growth habits of each tree species. Trimming and shaping of trees shall be as directed by the City's Public Work Street Maintenance Supervisor and in accordance with the following:
1. Cut to laterals to preserve the natural form of the tree, leaving the head open enough for the branching system to show and permitting the dead materialto be easily cleaned out and light to show through the head. Tree foliage shall be reduced by at least twenty- five percent ( 25%) and up to thirty percent( 30%).
2. In specific cases the City's Public Work Street MaintenanceSupervisor may direct the contractor to reduce the size of the tree crown in an effort to limit the height of specific trees.
3. Trim to remove dead wood or weak, diseased, insect- infested, broken, low, or crossing limbs. Branches with an extremely narrow angle of attachmentshould normally be removed.
4. Small limbs, including suckers and waterspouts, shall be cut close to the trunk or branch from which they arise.
5. Heading cuts and/ or topping will not be allowed under any circumstances. Heading, rounding over, or stubbing shall not be an accepted practice for reducing the size or the framework of any tree.
T. PALM TREE PRUNING
Any tree work performed on a City tree must be done according to the City's specification. The criterion for pruning varies based on the type or purpose of pruning. Palm Pruning consists of maintaining the crowns and trunks of palm trees includingthe pruning of spent or declining fronds, seed pods and the skinning or shaping of spent petiole bases into a ball or nut as applicable by palm type.
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147Exhibit 2
1. The specifications for the pruning of palm trees are as follows:
a. While making an approach to the palm crown for pruning, the Contractor shall inspect the trunk of the palm tree for signs of decay, insect frass, bird nesting or any other condition suggestive of a structural abnormality. Upon finding anyconditionsuggestiveof a structuralabnormalityof the palmstem, the Contractor shall report to the City's Public Work Street Maintenance Supervisor immediately.
b. Fronds shall be trimmed using a handsaw or pole saw that has been sterilized for no less than five (5) minutes by having the entirety of its cutting blade submersed in an equal solution of bleach and water before and after the handsaw is used to cut the fronds of any other palm tree.
At no time shall a chainsaw be used to prune any frond from any Canary Island Date Palm (Phoenix canariensis) in the City of Bell Gardens. The use of chainsaws to prune any frond from any Canary Island Date Palm will result in monetary penalties up to the cost of replacement of the palm.
Live, healthy fronds, initiating at an angle of 90 degrees or greater from the horizontal plane, shall not be removed. Fronds removed should be cut close to the petiole base, taking into consideration the role of petiole bases In the formation and maintenance of the ornamental ball at the base of the canopy, as applicable by species. Live trunk tissue should never be cut while pruning palm fronds.
c. Using properly sterilized equipment as described herein, any fruit or flower structures In the crown of the palm shall be removed concurrently with frond pruning. At no time shall a chainsaw be used to cut any fruit or flower from any Canary Island Date Palm ( Phoenix canariensis) in the City of Bell Gardens.
The use of chainsaws to prune any fruit or flower structures from any Canary Island Date Palm will result in severe agreement penalties up to the replacement cost.
Care shall be taken in the handling of fruit and flowers as they are likely to release clear liquids that react with and can cause staining to hardscape elements. The Contractor shall be responsible for removing palm. Fruit related stains from private property hardscape elements. d. Maintenance of the ornamental ball located at the base of the palm canopy, directly below the live fronds, shall be as described by species as follows:
9. Canary Island Date Palm ( Phoenix canadensis): dead petiole bases shall be formed into an ornamental ball which begins directly below the lowest green fronds and acts to provide a base of support to the palm crown. This ornamental ball shall be uniform and smooth in appearance and shall extend no less than four ( 4) and no more than eight ( 8) feet below the lowest live frond C- 15
148Exhibit 2
in the crown. Ornamental balls with flattened or " stop sign" sides will not be accepted. The upper portion of the ornamental ball shall not taper In, resulting in a "pineapple" appearanceas this treatment defeats the support capacity of the bell.' Thedistalportionof thebe# shallbeginat a point flushwith theperipheryof thepalm trunk andmakea gradualtaperupwardsuntilit reaches the periphery of the shaped ornamental ball. Mile forbidden to use chainsaws for pruning fronds, fruit and flowers from any palm tree in the City of Bell Gardens, the Contractor may use a clean chainsew in forming and/or shaping the ornamental ball of a Canary Island Date Palm. The use of a sharpened shovels In shaping and maintaining ornamental balls often results in ornamental balls which have flat, un-tampered bottoms that are likely to relax and collapse into pedestrian and vehicular traffic zones with grove consequences.
The Contractor shall use care not to cut into live trunk tissue while maintaining the ornamental ball. The Contractor shall remove any foreign plant material that has sprouted in an ornamental ball. The Contractor shall verify that the ornamentalball meatsthe standarddescribedherein each time a Canary Island Date Palm is pruned.
2. Date Palm ( Phoenix dactylifera): spent petiole bases are left to form a supportive " base" below the lowest green fronds of the crown. Unlike the omamental ball of a Canary Island Date Palm ( Phoenix caneriensls), the base does not require ornate shaping. Instead, spent petiole bases are left uniformly long to form the base of the canopy, which shall extend no less than four ( 4) and no more than six ( 6) feet below the lowest live frond in the crown. While forbidden to use chainsaws for pruning fronds, fruit and flowers from any palm tree in the City of Bell Gardens, the Contractormay use a chainsaw in forming and/or shaping the base of a Date Palm by shortening a number of the lower petiole bases to bring the length of the nut to standaTd.—T-he- Contractor- sball- use- mrs- not- to- cut- Into-live trunk- tissue while- maintaining the nut. The Contractor shall verify that the base meets the standard described herein each time a Date Palm Is pruned.
3. Queen Palm ( Syagrus romanzoffianum): loose petiole bases are to be removed each time the crown of a Queen Palm Is serviced. Petiole bases that are attached to live trunk tissue shall be left undamaged.
4. King Palm ( Archonto phoenix cunninghamians): loose petiole bases are to be removed each time the crown of a King Palm is serviced. Petiole basesthat are attached to live trunk tissue shall be left undamaged.
5. Mexican Fan Palm ( Washingtonia robusta): spent petiole bases are left uniformlylong to form a base which shall extendno more than four (4) feet below the lowest live frond in the crown. Using hand tools, the Contractor shall skin the trunk area below the base clean without causing damage to live trunk tissue. The Contractor shall verify that the base meets the standard described herein each time a Mexican Fan Palm is pruned.
6. California Fan Palm ( Washingtonla filffera): spent petiole bases are left uniformly long to form a nut which shall extend no morethan eight (8) feet below the lowest live frond in the crown. Using hand tools, the Contractor shall skin the trunk area below the base clean without causing damage to live trunk tissue. The Contractor shall verify that the base meets the C- 16
149Exhibit 2
standard described herein each time a California Fan Palm is pruned.
U. TREE REMOVAL
Tree remove[consists of the removal of the entirety of a hardwoodtree or palm• tree and the removal of its root system.
1. The Contractor shall comply with all general specifications standards described herein.
2. The diameter price given by the Contractor for tree removals shall be inclusive of all staff, materials and equipment necessary to remove trees as described herein.
3. As stated previously herein, the Contractor shall identify the location of all utilities and private property landscape irrigation components prior to the removal of a tree and its root system. The Contractor will be required to mark tree removal sites for Underground Service Alert. The Contractor shall notify the City's Public Work Street Maintenance Supervisor in writing of any condition that prevents the removal of a tree and/ or the grinding of its root system. The Contractor shall take all responsibility for any damage that occurs once the process of removing a tree and/or associated root grinding begins.
4. The Contractor shall comply with wildlife protection standards described herein whenever removing a tree.
5. The Contractor shall not remove any tree without first confirming that the tree being considered is indeed the tree to be removed. Any confusion should be resolved by contacting the City's Public Work Street Maintenance Supervisor for assistance. The errant removal of trees shall be penalized up to the cost of the replacement.
6. During a tree removal, the Contractor shall maintain control of the tree and its parts at all times, which shall include the selection and use of proper techniques and equipment. At no time shall branches, limbs or tree trunks be allowed to freefall and create damage of any type. The Contractor will be held liable for loss of control Incidents and shall be penalized.
7. Cranes and other rigging equipment shall be properly certified, with evidence of such available for Inspection prior to use of said equipment In the City of Bell Gardens. Crane operators shall be certified by Commission for the Certification of Crane Operators ( NCCCO) and shall be prepared to display current certification prior to operating a crane in the City. The use of cranes and certified operators shall not result in additional charges to the City.
8. While loading and handling debris, the Contractor shall maintain control at all times so as not to result in damage to the public rights or way or private property. In addition, the Contractor shall not drop logs or trunks so as to create undue noise or impact shock related damages to public and/or private property.
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150Exhibit 2
9. Stumps, including the root flare shall be ground to a depth of no less than eighteen ( 18) inches. Surface roots shall be traced and ground to a depth of no less than eight ( 8) inches. Debris generated by stump grinding and root removal shall be removed from the site and replaced with a topsoil mix. Chips and stumpgrindingsshallnot be usedas a backfillmaterial.
The Contractor shall be responsible for the repair of any private property irrigation system components damaged during a tree removal or stump grinding.
Repairs shall be made using components matching those that were damaged.
V. TREE PLANTING AND YOUNG TREE CARE
1. Tree Planting
Tree plantingconsists of the Installationof nurserystock container or palm trees supplied by the Contractor.
a. The Contractor shall comply with all general specifications standards described herein.
b. As stated previously herein, the Contractor shall identify the location of all utilities and private property landscape irrigation components prior to the plantingof any tree. The Contractorshall assume full responsibilityfor any damage that occurs during the planting of any tree.
c. The Contractor shall supply quality nursery stock which is fully rooted and representative of recognized standards for size and quality of the material being- planted;--
d. Brown trunk height ( BTH) for palm trees shall be measured from the top of root ball to the lowest green frond attached to the trunk at an angle of ninety ( 90) degrees.
e. Planting stock shall be well watered prior to shipping and covered for the duration of transport. Trees that are delivered uncovered, with a dry or fractured root ball or with broken scaffold limbs will be rejected. Root bound material will be rejected. Palms that are delivered uncovered, with a dry root ball or with a soilless root ball will be rejected. f. The Contractor shall not begin excavation for the planting of a tree without first confirming that the planting site being considered is indeed the site intended for the planting of a tree, Any confusion should be resolved by contacting the City' s Public Work Street Maintenance Supervisor for assistance. In excavating planting pits, the Contractor shall not excavate deeper than the depth of the root ball of the tree being installed. The bottom of the planting pit shall be undisturbed so that the planted tree will not settle below top of root ball grade standards defined herein. As the width of the parkway allows, the Contractor shall excavate the planting pit to be two ( 2) times the width of the root ball of the nursery stock being planted.
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151Exhibit 2
g. All nursery containers and box sides shall be removed from tree root balls prior to planting. The Contractor shall not install trees with box bottoms left on. All container debris ( e. g. strapping, box fragments, and nails) shall be removed from the planting pit prior to backfilling.
h. The Contractor shall install the tree or palm so that the top of root ball is two ( 2) inches above top of curb so that the trunk flare is completely exposed. In the event that there is no curb ( i. e. park site), the Contractor shall install the tree or palm so that the top of root ball is two ( 2) Inches above surrounding finish grade. The Contractor shall not resort to cutting or trimming the root ball as a meansof meetinggrade standards.
L The Contractor shall backfill hardwood tree plantings with an equal mix of excavated soil and topsoil. The topsoil portion of the backfill mix shall contain no more than ten ( 10) percent well decomposed organic fines.
J. The Contractor shall backfill palm plantings with one hundred ( 100) percent washed mortar ( plaster) sand.
k. While backfilling, the Contractor shall cease backfilling when the planting pit is one half ( 112) full, and apply water to remove air pockets from the backfill. Once the water has drained, the Contractor shall resume backfllling the planting pit. A watering basin shall be constructed in a uniform circle and shall extend from the center of the tree trunk to six ( 6) Inches beyond the edge of the root ball. The top of the watering basin shall be graded and maintained uniformly with the upper edge of the basin maintained at a grade of four (4) inches above the root flare of the tree.
I. The Contractor shall be responsible for the stability of planted trees.
The nursery stake stall be removed from the trunk of the tree ( as applicable) and the tree shall be double staked using two ( 2), two ( 2) Inch lodge pole stakes of a length sufficient to be installed beyond the depth of the planting stock root ball and to extend to the lowest branches of the installed tree' s crown. The stakes shall be installed an equal distance from the trunk of the tree and shall be installed perpendicular to the street or sidewalk and shall be installed so that one stake is* orientated to be one hundred eighty ( 180) degrees opposite the other. The root ball shall not be damaged by the installation of stakes. The stake shall not be in contact with any aerial part of the tree. The trunk of the tree shall be attached to the stakes using City approved tree ties installed as per manufacturer' s specifications.
m. Upon completion of the planting of a tree, the Contractor shall seed and top- dress any barren areas within ten ( 10) feet of the center of the trunk of the tree if there was established turf in that location. The seed shall be of the same tall fescue turf grass type existing on site or annual ryegrass if the turf is a non- seedable variety, to be applied at a rate appropriate for the type of turf seed applied. The seed shall be top dressed with well- decomposed organic fines, spread evenly with a topdressing roller, at a C- 19
152Exhibit 2
depth of one eighth (. 125) inch. Use of manure, native soil or chip topdressings will not be allowed. The Contractor shall include seed establishment information for the property owner at the time of tree removal. n. The Contractor shall not use hoses, equipment or water from private properties while installing orwatering- in parkway trees. o. New trees will require a six month tree warranty.
2. New Tree Care
New Tree Care consists of the irrigation of young trees which have been installed by the Contractor and the cultivation of new canopy coverage. a. The Contractor shall comply with all general specifications standards described herein.
b. As stated previously herein, the Contractor shall identify the location of all utilities and private property landscape irrigation components prior to the planting of any tree. The Contractor shall take all responsibility for any damage that occurs during the planting of any tree.
c. The Contractor shall not use hoses, equipment or water from private properties when watering parkway trees.
d. While performing tree watering, the Contractor shall maintain the tree watering basin to include the removal of weeds and debris and the m.ai.n.te.nance..of....the-...watering - basin_ to size. and grade. standards.. defined. herein.
e. Trees shall be watered in such a manner that does not result in erosion of the tree watering basin, splashing of parked vehicles or damage to any of the tree's surroundings. Haphazard riggings and/or watering out of the window from the cab of watering equipment will not be tolerated. f. The Contractor shall maintain a daily log of trees watered. The log shall list the tree watered by site. A printed copy of the log, which shall be maintained in digital format, must accompany invoicing for tree watering services by the Contractor.
CONTRACTOR' S LIABILITIES
Should any direct or indirect damage or injury result to any public or private property by or on accountof any act, omission, neglector misconductin the executionof the work, or as a consequence of the non-execution thereof, on the part of the contractor or any of his employees or agents, such property shall be restored, by and at the expense of the contractor, to a condition equivalent to that existing before the damage or Injury occurred, by repairingor rebuildingthesame, or by otherwisemakinggoodsuchdamageor injury, in an acceptablemanner, determinedby the Director.
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Contractor will defend, identify and hold the City harmless from any claims arising from his operation.
Prior to starting the work the contractor must provide evidence of all insurance coverage required including public liability and property damage, Workmen's Compensation and faithful performance bonds and certificates.
Public liability insurance in combined single limit for bodily injury and/or property damage in the amount of$ 3,000,000 with the City named as additional insured will be provided by the contractor. The contractor shall furnish the Director with a certificate containing a thirty (30) day cancellation notice clause.
WORKMEN' S COMPENSATION
The contactor shall secure, maintain in full force and effect, and bear the cost of complete Workmen's CompensationInsurancefor the entire durationof the contract, and the City will not be responsible for any claims, or suits in law or equity, occasioned by the failure of the contractor to do so.
RECYCLING WASTE
The contractor is responsible for recycling of waste. The Agency is committed to a recycling program, particularly " green waste" recycling. The contractor is obligated under this contract to recycle waste through an approved recycling agency, and to record and report waste recycling to the Agency on a regular monthly basis.
EMERGENCY RESPONSE SERVICE
1) The Contractor shall be required to provide emergency on call response for damaged trees as a result of storms or other reasons. Emergency calls may occur at any given time.
The Contractor will be provided with locations and the work to be done at each location via telephone from a City authorized representative. Emergency work shall begin within two 2) hours of initial telephone call.
2) Contractor shall be required to provide 24-hour emergency phone and/or cell phone numbers and the names of at least two ( 2) contact individuals within one week of award of contract. Should the contact persons or their phone numbers change during the course of the contract, those changes shall be submitted to the City within 2 working days. 3) Contractor shall be required to provide all necessary traffic control during the course of emergency work. Should the work involve any high voltage power lines or any utility lines, the Contractor shall be required to notify the utility company. The Contractor should also notifythe City as to the statusof the situation.
4) Work performed under the emergency provision of this contract shall be paid for on a crew hour basis. This shall include all labor, tools, equipment, disposal fees and necessary materials. The Contractor shall supply a fist of manpower and equipment rates to be charges with proposals.
5) In the event the Contractor cannot be contacted or falls to respond, a penalty of $500 per incident will be deducted from future Contractor work.
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154Exhibit 2
CITY' S RIGHT TO PERFORM STREET THE MAINTENAN E
The City reserves the right, at its discretion, to perform street tree maintenance services with their own employees or other contractor during the term of the contract. There is no known quantity for occurrences where the City will perform work with its own forces at this time. There will always be the intent to request tree maintenance services from the City's Tree Maintenance contractor as outlined in the Proposals Price Sheets.
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155Exhibit 2
AMWAAN mw
CITY OF BELL GARDENS
CONTRACT AGREEMENT
FOR
IN THE CITY OF BELL GARDENS
THIS CONTRACT SERVICES AGREEMENT ( hereinafter, " Agreement") is made and entered into this day of hereinafter, the " Effective
Date"), by and between the CITY OF BELL GARDENS, a municipal corporation hereinafter, " City") and 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.
WHEREAS, City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; and WHEREAS, City desires to engage the services of a company to perform - for the City; and
WHEREAS, City staff has determined that Contractor possesses the skills, experience and expertise necessary to complete required and
WHEREAS, the execution of this Agreement was approved by the City of Bell Gardens Council at its Regular Meeting of..... .,,_ NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Contractor agree as follows:
Section 1. Term.
a. This Agreement shall commence on the Effective Date and shall have a Term of three ( 3) years. This Agreement may be extended by City subject to its same terms and conditions for two ( 2) additional extension terms of one ( 1) year, providedCityissueswritten noticeof its intentto extendthe Termof theAgreement prior to the expiration of the initial Term.
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156Exhibit 2
r
b. Nothingin this Sectionshall operateto prohibit or otherwise restrictthe City's ability to terminatethis Agreementat any time for convenience or for cause as provided under Section 5 of this Agreement.
Section 2. Scope of Work.
a. Subject to the terms and conditions of this Agreement, Contractor agrees to providethe tasks that are set forth in that certain requestfor proposalof the City entitled " Request for Proposal issued on
September 25, 2019 ( the" City RFP Work Scope") which attached and incorporated hereto as Exhibit" A"; and
b. That certain written proposal entitled " Request for Proposal for City of Bell Gardens" dated
the Proposal Work Scope") which is attached and incorporated hereto as Exhibit 41g"
c. For purposesof this Agreement, the capitalizedterm "Scope of Work" shall be a collective reference to. City RFP Work Scope and the Tree Maintenance Contract Proposal Work Scope. In the event of any conflict or inconsistency between the prow ors of-the.document.enlftled-Clty_.REFWork Scope_andthe proyisionsof the document entitled Contract Proposal Work Scope, the requirements of the document entitled City RFP Work Scope shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistencybetweenthe provisionsof the Scope of Work and the provisionsof this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.
d. Contractor also agrees to furnish City with all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competentlyperform and timely completethe services and tasks set forth in the Scope of Work. For purposes of this Agreement, the capitalized term "Work" shall be a collective reference to all of the various services and tasks described under the Scope of Work.
Section 3. Prosecution of Work.
a. Time is of the essence of this Agreement and each and every provision contained herein. The Work shall be commenced within three ( 3) calendar days of D- 2
157Exhibit 2
City's Issuance of a written notice to proceed ("Notice to Proceed"). b. Contractor shall cooperate with City and in no manner interfere with the work of City, Itsemployeesor otherconsultants, contractorsoragents.
C. Contractor shall not perform any additional services or tasks beyond those expressly identified in the Scope Work without prior authorization from City 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 timellne 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.
Section 4. Compensation.
a. Contractor shall perform the various services and tasks set forth in the Scope of Work in accordance with the hourly rates provided in Contractors Proposal Schedule, which is attached and incorporated hereto as Exhibit" C". b. Section 2( a) notwithstanding, Contractor shall perform all of the various services and tasks that comprise the Work for an annual not- to- exceed sum of hereinafter, the," Not-to-Exceed
Sum,"). Contractor further agrees that the Not- to- Exceed Sum is inclusive of compensation for all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. As specified under subsection ( d) of this Section, below, the Not-to-Exceed sum shall be paid to Contractor in increments as the Work is completed.
c. In the event Contractor's charges are projected to exceed the Not-to-Exceed Sum prior to the completion of all of the Work, City may suspend Contractor'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.
d. Following the conclusion of each calendar month, Contractor shall submit to City an itemized invoice indicating the services and tasks performed during the recently concluded calendar month. If any subtotal of charges set forth in the invoice is a D- 3
158Exhibit 2
function of hoursworked by Contractor's personnel, the invoice shall indicatethe number of hours worked in the recently concluded calendar month, the job title/classification of the person(s) performing the services or tasks, 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 the subtotal. Within thirty ( 30) calendar days of receipt of each invoice, City shall notify Contractor in writing of any disputed amounts Included in the invoice. Within forty-five (45) calendar day of receipt of each invoice, City shall pay all undisputed amounts included on the invoice. City shall not withhold applicable taxes or other authorized deductions from payments made to Contractor.
Section 5. Standard of Care. Contractor represents, acknowledges and agrees as follows:
a. Contractor shall perform all Work skillfully, competently and to the highest standards applicable to the Contractor' s field;
b. Contractor shall construct and complete the Work in a good, workmanlike and prompt manner reasonably acceptable to City and shall furnish all labor and materials necessary to accomplish the same;
c. Contractor shall 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 seg.);
d. Contractor understands the nature and scope of the work to be performed under this Agreement as well as any and all schedules of performance; e. All of Contractor's employees and agents ( including but not limited to Contractor's subcontractors and subconsultants) possess sufficient skill, knowledge, training and experience to perform those services and tasks contemplated under this Agreement; and
f. All of Contractor's employees and agents ( including but not limited to Contractor's subcontractors and subconsultants) possess all licenses, permits, certificates, qualificationsand approvalsof whatevernaturethat are legallyrequiredto perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualificationsand approvals shall be maintainedthroughout the term of this Agreement.
The Parties acknowledge and agree that Contractor shall perform, at Contractor' s own cost and expense and without any reimbursementfrom City, any services or tasks necessaryto correctanyerrorsor omissionscausedby Contractor's failureto complywith the standard of care set forth under this Section or by any like failure on the part of Contractor' s employees, agents, subcontractors and subconsultants. Such effort by Contractor to correct any errors or omissions shall be commenced immediately upon their D- 4
159Exhibit 2
discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City Representative in writing and absolute discretion. The Parties acknowledge and agree that Contractor's acceptance of any work performed by Contractor or on Contractor's behalf shall 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 Contractor, including but not limited to the representation that Contractor possesses the skills, training, knowledge and experience necessary to perform the Work in a skillful and competent manner equivalent to, the standard of performance generally recognized as being employed by professionals performing the same type of work and services in the State of California.
Section 6. Representatives.
a. CitesRepresentative. For the purposes of this Agreement, the City's representative shall be Director of Public Work, Chau Vu ( hereinafter, the "City Representative").
It shall be Contractor's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and Contractor shall referanydecisionswhichmustbemade by Cityto the CityRepresentative. b. Contractor Representative. For the purposes of this Agreement, Contractor hereby designates as its representative authorized to act on its behalf with respect to Contractor's performance under this Agreement and to make all decisions in connection therewith ( the " Contractor Representative"). Notice to the Contractor Representative whether written or verbal shall constitute notice to Contractor.
Section 7. Contractor' s Personnel
a. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the Work and all other services and tasks necessary for Contractor to competently and timely complete any tasks and services requested by way of City- issued Work Order. All work, services and tasks will be performed under Contractor' s supervision, and Contractor' s personnel engaged in the performanceof the work, servicesand tasks contemplatedunder this Agreement, including subcontractors and their personnel, shall possess the qualifications, permits and licenses required by applicable law to perform such work, services and tasks on behalf of Contractor.
b. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Work. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's .performance of the Work, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes, penalties, or interest levied, assessed, or Imposed against CITY hereunder.
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160Exhibit 2
c. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work.
d. If, at any time during the term of this Agreement, City requests the removalof any person(s) or subcontractor(s) assigned by Contractor to perform services pursuant to this Agreement, Contractor shall remove any such person Immediately upon receiving notice from City of such request.
e. Contractor shall be responsible for payment of all wages and benefits owed to Contractor's employees and the payment of subcontractors engaged by Contractor in the performance of this Agreement. Contractor shall also comply with all requirements pertaining to employer' s liability, workers' compensation, unemployment insurance, and Social Security.
f. Contractor shall obtain and maintain during the Term of the Agreement all necessary licenses, permits and certificates required by law for the performance of the Work contemplated under this Agreement.
Section 8. Warranty.
a. Contractor warrants all materials used, equipment installed, and improvements constructed under this Agreement shall. ( I) meet all conditions of the Agreement; and 1shall.1) . . be.. free. from. all defects.. in design, material' s and workmanship for a period of one ( 1) year after completion of the Work and acceptance by City. If any defects are discovered within twelve ( 12) months following acceptance by City, Contractor shall be solely responsible for the correction of those defects and Contractor' s sole cost and expense. The warranty set forth under this subsection (a) of Section 7 shall be in addition to any warranties for materials used, equipment installed, and improvements constructed by Contractor in the performance of this Agreement.
b. Contractor shall transfer to City all of Contractor's rights to and interest to any and all manufacturers' warranties or guarantees for any materials, equipment or fixtures installed by Contractor in the performance of this Agreement. Where applicable, City shall be named as the owner-beneficiary in any such warranties or guarantees. Contractor shall deliver to City all the written material comprising the manufacturers' warranties or guarantees. Contractor shall ensure that each warranty or guarantee is in full force and effect from the date the City starts using the equipment or fixtures. All manufacturers' warranties or guarantees shall be in addition to the Contractor' s warranty set forth under subsection ( a) of this Section, above or subsection ( c) of this Section, below.
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161Exhibit 2
C. In addition to all manufacturers' warranties and all other warranties implied by law, Contractor warrants that all materials used, equipment installed, and improvements constructed in the performance of this Agreement shall conform to the Scope of Work and any additional plans, drawings or specifications Incorporated into this Agreement.
Section 9. Surety Bond.
A. Performance Bond. Unless waived by the City Representatives in writing, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total Not- to- Exceed Sum. The Performance Bond shall be in a form approved by City. No payment shall be made to Contractor until the Performance Bond has been received and approved by the City or the requirement for the Performance Bond has been waived.
B. Labor and ,Materials Bond. Unless waived by the City Representatives in writing, Contractor shall execute and provide to City concurrently with this Agreement a Labor and Materials Bond in the amount of the Not- to- Exceed Sum. The Labor and Materials Bond shall be in a form approved by City. No payment shall be made to Contractor until the Labor and Materials Bond has been received and approved by the City.
Section 10. Documents and Data. All specifications, operational manuals, reports, documents or other written material (" written products") developed by Contractor in the performance of this Agreement shall be and remain the property of City. All data, documents, discussion, or other information received by Contractor from City or provided for performanceof this Agreementare deemedconfidentialand shall not be disclosedby Contractor without prior written consent by City: City shall grant such consent Vdisclosure is legally required or necessary to provide the services under this Agreement. All City data shall be returned to City upon the termination of this Agreement. Contractor' s covenant under this Section shall survive the termination of this Agreement.
Section 11. Prohibited Interests. Contractor 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, Contractor 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 Contractor, 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 shall have the absolute and unfettered right to rescind this Agreement without liability or penalty. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
Section 12. Independent Contractor.
a. The Parties acknowledge, understand and agree that Contractor and Contractor' s employees, subcontractors, subconsultants and agents and all persons or entities acting on Contractor's behalf in the performance of this Agreement are independent D- 7
162Exhibit 2
contractors and not employees, officers or officials of the City. Contractor, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City.
Contractor has no authority or responsibility to exercise any rights or power vested in City. No agent, officer, or employee of City is to be considered an employee of Contractor. It is understood by both Contractor and City that this Agreement shall not, underany circumstances, be construedor consideredto create an employer- employee relationship or a joint venture.
b. Contractor, its agents, officers, subcontractors and employees are and, at all times during the term of this Agreement, shall represent and conduct themselves as independent contractors and not as employees, officials or officers of the City. c. Contractor shall determine the method, details and means of performing the Work.
Contractor shall be responsible to City only for the requirements and results specified In this Agreement or any individual Work Order. Contractor has control over the manner and means of performing the services under this Agreement.
Contractor is permitted to provide services to others during the same period as it provides services to City under this Agreement.
d. If, in the performance of this Agreement, any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision, and control of Contractor. All terms of employmentincludinghours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Contractor. e. As an independent contractor, Contractor hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any thi party at an empDycr- employee relationship exists ' by reason of this Agreement.
Section 13. Conflicts of Interest. Contractor hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any Interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with Contractor in connection with this project. Contractor hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any City ordinance, state law or federal statute. Contractor agrees that a clause substantially similar to this Section shall be incorporated into any sub-contract that Contractor executes In connection with the performance of this Agreement.
Section 14. Non- Discrimination. During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age ( over 40) or set. Contractor and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are frge of such discrimination. Contractor and subcontractors shall comply with the provisionsof the Fair Employmentand HousingAct (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated hereunder ( California D- 8
163Exhibit 2
Code of Regulations, Title 2, Section 7285. 0 et seq.). The applicable regulations of the Fair Employment and Housing Commission Implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Contract by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. This Contract shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.
Section 15. Indemnification.
a. To the fullest extent permitted by law, Contractor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless City and City's elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, and assigns ( collectively " Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith ( collectively " Liabilities"), arising or claimed to arise, directlyor indirectly, out of, In connectionwith, resultingfrom, or relatedto any act, failure to act, error, or omission of Contractor or any of Contractor's officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connectionwith, resultingfrom, or relatedto this Agreementand the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligenceby Contractorand shall operateto fully IndemnifyIndemniteesagainst any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law or elsewhere under this Agreement. Payment is not required as a condition precedent to an indemnitee's right to recover under this indemnity provision, and an entry of judgment against any one or more of the Indemnitees shall be conclusive in favor of the Indemnitees' right to recover under this indemnity provision. Contractor shall pay Indemnitees for any attorney' s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass ( a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement Is subject to Civil Code § 2782( a), or ( b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782( b). This indemnity is effective without reference to the existence or applicability of any insurance coverage(s) which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be shall be selected by Indemnitees. Contractor, on behalf of itself and all parties claiming under or through it, herebywaives all rightsof subrogationand contributionagainstthe Indemnitees, while acting within the scope of their duties, from all claims, lossesand liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive D- 9
164Exhibit 2
negligence by the Indemrite es,
b. Contractor's obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensabon act or similar act.
Contractor expressly waives its statutory immunity under such statutes or laws as to the Indemnities.
c. Contractor agrees to obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the perforrnance of this Agreement. In ft event Contractor fails to obtain such indemnity obligations for the benefit of City, Contractor agrees to be fully responsible and indemnity, hold harmless and defend City, its officers, agents, employees 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 Contractor or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity Involved by, for, or on behalf of Contractor in the performance of this Agreement, Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of City's choice®
City does not, and shall not; waive any rights that it may possess against Contractor 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, lability, to cost or expense. Contractor agrees t at ontractor' s covenant un er this Section shall survive the termination of this Agreement. e. Contractor shall fully comply with the workers' compensation laws regarding Contractor and Contractors employees. Contractor her agrees to Indemnity and of City harmlessfrom any failure of Contractor to comply with applicable workers' compensation laws. it shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to it from Contractor as a result of Contractor's failure topromptly pay to City any reimbursement or indemnification arising under this Section.
Section 16. Insurance.
a. Contractors II at all times during the term of this Agreement carry, maintain, and keep in full for and effect, insurance as follows:
1, Commercial General Liability Insurance with minimum limits of One Million Dollars ($ 1,000,000) for each occurrence and in the aggregate for any personal injury, death, loss or damage.
2. Automobile Liability Insurance for any owned, non- awned or it vehicle used in connection with the performance of this Agreement with minimum limits D- 10-
165Exhibit 2
of One Million Dollars ($ 1,000,000) per accident for bodily injury and property damage.
3. Worker' s Compensation insurance as required by the State of California. b. Contractor shall require each of its subconsultants or subcontractors to maintain insurance coverage that meets all of the requirements of this Agreement. c. The policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VlI in the latest edition of Best' s Insurance Guide.
d. Contractor agrees that if it does not keep the insurance required in this Agreement in full force and effect, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary Insurance and pay, at Contractor's expense, the premium thereon. e. Prior to commencement of work under this Agreement, - Contractor shall file with City's Risk Manager a certificate or certificates of insurance showing that the insurance policies are in effect and satisfy the required amounts and specifications required pursuant to this Agreement.
f. Contractor shall provide proof that policies of insurance expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.
g. The general liability and automobile policies of insurance shall contain an endorsement naming City, its elected officials, officers, agents, employees, attorneys, servants, volunteers; successors and assigns as additional insureds. All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty ( 30) days' prior written notice to City.
Contractor agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word " endeavor" with regard to any notice provisions.
h. The insurance provided by Contractor shall be primary to any other coverage available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Contractor' s insurance and shall not contribute with it.
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i, All insurance coverage provided pursuant to this Agreement shall not prohibit Contractor, and Contractor' s employees, agents, subcontractors, or volunteers from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against City.
j. Any deductiblesor self-insuredretentionsmustbe approvedby City. At the option of City, Contractor shall either reduce or eliminate the deductibles or self-Insured retentions with respect to City, or Contractor shall procure a bond guaranteeing payment of losses and expenses.
k. If Contractor is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds.
I. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor's liabilityor as full performanceof Contractor's duties to indemnify, hold harmless and defend under Section 15 of this Agreement.
Section 17. Records and Inspection. Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to document the performance of the Work and enable the City to evaluate the performance the Work. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of four (4) years followingcompletionof the serviceshereunder, and the City shall have access to such records in the event any audit is required.
Section 18. Termination.
a. Termination for Convenience. City may immediately terminate this Agreement for convenience, without cause and without penalty or liability at any time upon the issuance of written notice to Contractor specifying the effective date of such termination. Such termination for convenience shall be made in writing signed by the City Representative. Contractormayonlyterminatethis Agreementforcause. b. Termination for Cause. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement or any Work Order (or fails to timely performor properlyperformany suchduty, obligation, serviceor task set forth under this Agreement or any Work Order), an event of default (hereinafter, Event of Default) shall occur. For all .Events of Default, the Party alleging an Eventof Defaultshall givewrittennoticeto the defaultingParty (hereinafterreferred to as a " Default Notice") which shall specify: ( i) the nature of the Event of Default; D- 12
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ii) the action required to cure the Event of Default; ( ill) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth under subsection 19(b)(2) 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 shall constitute a breach of this Agreement If the i defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement. An Event of Default shall include, but shall not be limited to the following: ( i) Contractor' 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; ( ii) Contractor' s and/ or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation, ill) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to Contractor, whether voluntary of involuntary; ( iv) Contractor's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or( v) CITY's discovery that a statement representation or warranty by Contractor relating to this Agreement is false or erroneous in any material respect, including any statement, representation or warranty set forth in the Equipment Specifications.
1. Contractorshall cure the following Eventsof Defaults within the following time periods:
I. Within three ( 3) business days of City's issuance of a Default Notice for any failure of Contractor to timely provide City or City' s employees or agents with any information and/or written reports, documentation or work product which Contractor is obligated to provide to City or City's employees or agents under this Agreement. Prior to the expiration of the 3-day cure period, Contractor may submit a written request for additional time to cure the Event of Default upon a showing that Contractor has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3- day cure period. The foregoing notwithstanding, City shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds seven ( 7) calendar days from the end of the initial 3-day cure period; or
ii. Within thirty ( 30) 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 30-day cure period, Contractor may submit a written request for additional time to cure the Event of Default upon a showing that Contractor has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period. The foregoing notwithstanding, City shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 30-day cure period.
If an Event of Default relates to a material falsehood or misrepresentation that is D- 13
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not susceptible to a cure, City in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver of a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood . or misrepresentation later discovered by City.
2. Except as otherwise specified in this Agreement, City shell cure any Event of Default asserted by Contractor within thirty ( 30) calendar days of Contractor' s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 30- day cure period. Prior to the expiration of the 30-day cure period, Citymaysubmita writtenrequestfor additionaltime to curethe Eventof 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 30- day cure period. The foregoing notwithstanding, an Event of Default dealing with City's failure to timely pay any undisputedsums to Contractor shall be curedby City withinfive (5) calendardaysfrom the dateof Contractor's Default Notice to City.
3. City, In Its sole and absolute discretion, may also immediately suspend Contractor's performance under this Agreement or any individual Work Order or the performance of any specific task or function performed by Contractor under this Agreement or any individual Work Order) pending Contractor's cure of any Event of Default by giving Contractor written notice of City's intent to suspend Contractor' 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, Contractor shall be compensated only for those services and tasks which have been rendered by Contractor to the reasonable satisfaction of City up to the effective cute of the suspension. ' N-O' actual or asserted breach of this Agreement on the part of City shall operate to prohibit or otherwise restrict City's ability to suspend this Agreement as provided herein.
4. No waiver of any Event of Default or breach under this Agreement shall 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 shall give the other Party any contractual rights by custom, estoppel, or otherwise.
5. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall 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 Contractor, the City may immediately terminate this Agreement in whole or in part;
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ii. Upon written notice to Contractor, the City may extend the time of performance;
W. The City may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for Contractor' s breach of the Agreement or to terminate the Agreement; or
iv. The City may exercise any other available and lawful right or remedy.
Contractor shall 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.
6. In the event City is in breach of this Agreement, Contractor' s sole remedy shall be the suspensionor terminationof this Agreementand/or the recoveryof any unpaid sums lawfully owed to Contractor under this Agreement for completed services and tasks. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the services required by this Agreement.
7. . No waiver of any default or breach under this Agreement shall constitute a waiver of any other defaultor breach, whetherof 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 shall give the other Party any contractual rights by custom, estoppel, or otherwise.
Section 19. Force Majeure. The Completion Date shall be extended in the event of any delays due to unforeseeable causes beyond the control of Contractor and without the fault or negligence of Contractor, 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 Contractor shall within three (3) calendar days of the commencement of such delay notify theCity Representativein writingof the causesof the delay. The CityRepresentativeshall ascertain the facts and the extent of delay, and extend the time for performing the services for the periodof the enforceddelaywhenandif in thejudgmentof 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 Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section.
Section 20. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: ( a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City's regular business hours; or ( b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate In writing.
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If to City: If to Contractor:
City of Bell Gardens
Department of Public Works
7100 Garfield Avenue
Bell Gardens, CA 92688
Phone: ( 562) 806- 7700
Attn: Public Works Director
With a courtesy copy to:
Rick Olivarez, City Attorney
Olivarez Madruga Lemieux
O' Neill, LLP
500 S. Grand Ave. Floor 12
Los Angeles, CA 90071
Telephone: ( 213) 744- 0099
Facsimile: ( 213) 744- 0093
Section 21. Prohibition. Contractor shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City's prior written consent, andany attemptto do so shall be void and of no effect. Cityshallnot be obligatedor liable under this Agreement to any party other than Contractor.
Section-- 22-.... At#© meys'- Fees. an-the-event that-City..or--Contractor--coimmen es...anyaegal.- actionor proceedingto enforceor interpretthe provisionsof thisAgreement, the prevailing Party shall be entitled to recover its costs of suit, including reasonable attorneys' fees.
Section 23. Entire Agreement. All documents referenced as exhibits In this Agreement are hereby incorporated in this Agreement. Except as expressly provided in this Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreement and provisions of any document incorporated by reference,. the provisions of this Agreement shall prevail and control. This instrument contains the entire Agreement between City and Contractor with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties. Any modification of this Agreement will be effective only if it is in writing and executed by City and Contractor.
Section 24. Governing Law; Jurisdiction. This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall 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, shall be in the Central District of California located in the City of Los Angeles, California.
Section 25. Severability. Whereverpossible, eachprovisionof this Agreementshall be D- 16
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interpreted In such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.
Section 26. Captions. The captions used in this Agreement are solely for reference and the convenience of the parties. The captionsare not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein.
Section 27. Execution. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.
SIGNATURES ON NEXT PAGE)
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TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.
City" Contractor"
CITY OF BELL GARDENS:
By: ,__
By.
Michael B. O' Kelly, City Manager Date:
Date:
APPROVED AS TO FORM:
By.
Rick Olivarez, City Attorney
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EXHIBIT" A"
SCOPE OF WORK
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174Exhibit 2
EXHIBIT" B"
FEE SCHEDULE
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175Exhibit 2
CITY OF BELL GARDENS
REQUIRED FORMS FOR SUBMITTAL
For all services described below, unless excluded by the City in description of services below, the City shall consider unit prices below to include all labor, equipment, fees of any kind, overhead, insurance, fuel, materials, surcharges, disposal fees, and any other casts associated with and necessary for the Proposer to perform such service. No qualifications, exemptions, or alterations of services described below will be allowed. Failure to comply will result in disqualification of proposals.
A. GENERAL SERVICES
Description of Services Unit Estimated Services Extended Prices based on previous
year ----- .._.._....... ......_____.
1. m
GPS TREEINVENTORYSOFTWARE
Gathering of tree inventory information $ Lump Sum
and software trainln
2 ANNUAL PALM TREE PRUNING
King or Queen palm 5 palms
Washington palm 7 palms
Canpay Island Date alm 66 halms ..,. . . .... _.._. ... _.. .... 3 GRID or ANNUALTREE( Street( Park $ 2,500 GridTrimmings Tree) PRUNING*
STREET TREE TRIM
0"- 4" dsh 50 trees
4= 12" dsh 100 trees
12"& over 400 trees
5 CROWN REDUCTION TRIM
0"- 4" dsh 125 trees
4= 12" dsh 125 trees
12"& over 320 trees
6 Tree and Stump Removal: Cost
per Tree( Tree and Stump
Removal)
0-- 6- 2 Trees
7"— 12" 2 Trees
13"— 1 S" 6 Trees
19"— 24" 20 Trees
25" and over 10 Trees
A. GENERAL SERVICES $
Designated areas or districts are to be pruned in their entirety. This includes all small, medium, and large trees. Grid tree pruning will include proper ground clearance, crown cleaning and slight thinning in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards( Best Management Practices) and the ANSI A300 Standards.
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B. CREW RENTAL AND EMERGENCY SERVICES
Fully equipped crew as defined. Includes all manpower, equipment, tools, traffic control, qjjsLosalcosts, andzero materialmarkups.
Straight Time
Description of Services Unit Prices Estimated- ii— rv- 11ces 8nded 1 11. 2 Man Crew with 0 Hours
Equipment
2. 3 Man Grew with 30 Hours
3. 4 Man Crew with 10 Hours
EVlpment
Overtime/Weekends/Erner sPCY-Aftr Hour Call Out
Man Crewwith 10 Hours
Egy1p
2. 3 Man Crew with 10 Hours
Eguipment
3. 4 Man Crew with 10 Hours
B. SUB- TOTAL— CREW RENTAL EMERGENCY SERVICES
GRAND TOTAL ( A+ B)
TOTAL ANNUAL AMOUNT OF PROPOSALS
FIGURES):
TOTAL ANNUAL AMOUNT OF PROPOSALS ( IN
WORDS):
Submission of proposals and signature of representative of Contractor below shall bind Contractor to perform stated services at the Unit Prices specified for duration of the term of the awarded contract.
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CONTRACTOR
Company Name of Proposer
Authorized Signature Date
Print Name Title
Social Security or Taxpayer ID Number
DIR Contractor Registration Number:
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DESIGNAT19 QE SUBCONTRACTORS
A proposer proposing to subcontract any portion of the work and to procure materials and equipment from suppliers and vendors shall identify all proposed subcontractors, suppliers and vendors below,
NAME, ADDRESS, AND PHONE TYPE OF WORK
NUMBER OF SUBCONTRACTORS, MATERIALS, OR EQUIPMENT
SUPPLIERS, AND VENDORS BE SPECIFIC)
Note: Additional sheets may be attached.
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NON- COLLUSION AFFIDAVIT
STATE OF CALIFORNIA
COUNTY OF_
being first duly sworn, deposes and says that he/she is Of
Title) Name of Proposer)
the party making the foregoing proposal; that the proposal is not made in the interest of, or on behalf of, and undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and non collusive or sham; that the proposer has not directlyor indirectlycolluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the proposer has not in any manner, directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrainfrom proposing; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conferencewith anyoneto fix the proposalprice of the proposer or any other proposer, or to fix any overhead, profit or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal.
Signature)
Typed Name)
SUBSCRIBED BEFORE ME on this day of 2016.
Notary Public) . . My Commission Expires:
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CONTRACTOR' S ORGANIZATION STATEMENT AND PERFORMANCE HISTORY The term " Owner' herein shall refer to any private firm or public agency to which the Contractor has submitteda proposalsto,or contractedwith,for anytree trimmingandmaintenancecontract.
Submitted By:
Name must correspond with the Contractor' s License
Corporation — Partnership Individual Joint Venture
If a corporation, under the laws of what State Is it organized?_-..-.. n-.- nnnnm_-- rrr_ n- 1-____—'-
California Regional Office( s):_--
Officers, Responsible Managing Officers, Responsible Managing Employees:
Use a page titled ' Additional Information and/or Comments' for providing requested or additional information for each of the following questions to which you answer" yes' or for any comments.
A, Provide the following license numbers and expiration dates:
CA Contractor' s License No. Expiration Date:_
CA C- 27( Landscaping) Contractors License No. Expiration Date:
CAC-61/D49(LimitedSpecialty/TreeService)Contractor's LicenseNo.
Will you be ableto provideOSHACertificationfor aerial equipmentwhen used throughoutthe term of the awarded contract? Yes— No
How many years' experience In construction work as a current organization? 1) As a General Contractor?— From to
2) As a Subcontractor? From to
C. Provide the following names, addresses, and phone numbers for three public agencies for which Proposer has performed similar work within the past ten ( 10) years, including the Geographical Information System( GIS) tree inventory services:
Agency Name
Name and telephone number of person familiar with project Contract amount Type of work Date Completed
E- 6
181Exhibit 2
2. Agency Name
Name and telephone number of person familiar with project x._..
Contract amount Type of work Date Completed
3. Agency Name
Name and telephone number of person familiar with project Contract amount Type of work Date Completed
D. Haveyou,yourcompany,or any officer, manageror partnerthereof,failedto completea contractfor an Owner? YES NO If so indicate the name of each Owner, dates, and the circumstances.
E. Have you, your company, or any officer, manager or partner thereof, previously had a contractor' s license suspended or revoked? YES NO . If so indicate the name of each person whose license was suspended or revoked, dates of occurrence, and the circumstances for each.
F. Have you, your company, or any officer, manager or partner thereof, been debarred by any public agency? YES NO . If so, for each incident, indicate the name of each person, the agency involved, dates, and the circumstances for each.
G. In an award based on low-proposals criteria where your firm appeared to have the low proposals, have you or your
company been denied an award of an Owner contract? YES NO If so, as to each such denial, state the name of the Owner, the date of the denial, the title and number of the contract proposals, andthe groundsonwhichthe Ownerbasedthedenialof award.
H. Has your company been the subject of any inquiry by any Owner as to whether your company Is a non- responsible proposer or non- responsible Proposer? YES_ NO . If so, as to each inquiry, state the name of the Owner, the date of the inquiry, the grounds on which the Owner based the Inquiry, and the result of the inquiry.
1. Has your company been given a notice of deficiency during the performance of a contract for these types of services? YES NO_. If so, as to each notice of deficiency, state the name of the Owner, the date of the notice, the grounds on which the Owner based the notice of the deficiency, and the result of the notice.
J. Has your company been assessed liquidated damages or had payment withheld by any Owner during the term of a contract for similar services? YES _ NO . If so, as to each assessment of liquidated damages or payment withheld, state the name of the Owner, the date of the assessment/withheld payment, the title and number of the contract, and the grounds on which the Owner based the assessment of liquidated damages/ payment withheld.
K. Is your companycurrentlya party in any litigationagainstany Owner pertainingto any contractfor services project, or has your company been a party to such litigation? YES NO . If so, as to each such litigation, state the name of the Owner, case number, the court and jurisdiction in which said litigation is pending or was brought, the nature of the litigation, the amount at issue in the E- 7
182Exhibit 2
litigation, the present status of such litigation, the date of resolution of such litigation if resolved, and the amount and method by which such litigation was resolved, if resolved.
L. In the last five (5) years, has your company, in the performanceof similar services, received any notices of violation from OSHA resulting in any fine? YES _ NO . If so, as to each notice, state the name of the Owner, the date of the notice, the grounds on which OSHA based the notice, and the result of the notice. Provide the following information as to contract experience with public entitiesor governmentalagenciesonly, withinthe past ten (10) years. If none, write"NONE" on the chart.
E- 8
183Exhibit 2
M. Ust Key Staff who will work on the City's tree maintenance services, their qualifications and proposed duties. Staff shall include, but not be limited to, certified arborists, certified utility arborlsts, certified tree workers, certified urban foresters and/or municipal arbodsts, utility line clearance tree workers, CA licensedpest controladvisorsand applicators, AmericanSocietyof ConsultingArborists (ASCA) registeredconsultingarborist,and techniciansprovidingtechnicalsupportfor inventorysoftware. The firm shall identify at least one ( 1) ISA Certified Arborist who will be responsible for project management, one (1) Certified Utility Arborist, and full-time English speaking site supervisors capable of communicating with any City representative, and who are authorized to act on behalf of the firm.
Staff Member Qualifications Proposed Duties
E- 9
184Exhibit 2
Tree Trimming and Maintenance Services
N. Please describe your proposed tree inventory program and attach sample reports.
Failure to provide truthful answers to the questions above or in the following References Form may result in the Proposer being deemed non-responsive.
The Proposer certifies under penalty of perjury under the laws of the State of California that the information provided above is true and correct.
FIRM NAME
CONTRACTOR' S MAILING ADDRESS:
Notery Public Company
Subscribed and swam to me: Signature:
Title:
Signature: Date:
This day of 20
Title: Signature:
Signature: Title:
Date:
SEAL)
E- 10
185Exhibit 2
REFERENCES FORM
For all public agency projects in excess of $ 15,000 that you are currently working on or have worked on in the past three( 3) years, provide the following information with latest agency first:
Project 1 Name/ Number
Project Description
w... .__. ._..._.
Approximate Construction Dates From: To:
Agency Name: .
Contact Person: Telephone:
Address:
Original Contract Amount: $_
w_
Final Contract Amount: $
If final amount is different from original amount, please explain ( change orders, extra work, etc.).
Didyouor any Subcontractor,file any claimsagainsttheAgency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims.
Project 2 Name/ Number
Project Description
Approximate Construction Date From: To:
Agency Name:
Contact Person: Telephone: .................
mm ...........,_...... a_ _ .___ _
Address:
Original Contract Amount: $
M. M . .._. ... ry.
Final Contract Amount;
If final amount is different from original amount, please explain( change orders, extra work, etc.).
Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims.
Project 3 Name/ Number
Project Description
m.._........
E- 11
186Exhibit 2
Approximate Construction Dates From: To:
Agency Name:
Contact Person: Telephone:
Address:
Original Contract Amount: $_ Final Contract Amount: $ If final amount is different from original amount, please explain (change orders, extra work, etc.).
Didyou or anySubcontractor,file any claimsagainsttheAgency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No If you answeredyes to eitherof the abovetwo questions, pleaseexplainand indicateoutcomeof claims.
Project 4 Name/ Number
Project Description
Approximate Construction Dates From: To
Agency Name:
Contact Person: _ Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $ Jffinal amount. s_dlffererrt from.orlglrralamouot,_paaaseexplain ( change orders, extra work, etc..).
Didyou or anySubcontractor,file any claimsagainstthe Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No If you answeredyes to eitherof the above two questions, pleaseexplainand indicateoutcomeof claims.
E- 12
187Exhibit 2
Project 5 Name/ Number
Project Description _. _._....._ _ .____._......._... a..._.........
Approximate Construction Dates From: To:
Agency Name:
Contact Person: Telephone: .. ...._.__.
Address:
Original Contract Amount: $ Final Contract Amount: $ If final amount is different from original amount, please explain( change orders, extra work, etc.).
Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims.
Project 6 Name/ Number
Project Description
w
Approximate Construction Dates From: -.--- To:
Agency Name:
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $..
If final amount is different from original amount, please explain ( change orders, extra work, etc.).
Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims.
E- 13
188Exhibit 2
Project 7 Name/ Number .. .„
Project Description
Approximate Construction Dates From: To:
Agency Name:
Contact Person: Telephone:
Address:
Original Contract Amount: $_ Final ContractAmount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.).
Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims.
Project 8 Name/ Number
Project Description
Approximate Construction Dates From: To:
Agency Name:
Calw- Re o . T lepho ne;__
Address:
Original Contract Amount: $ Final Contract Amount:
If final amount Is different from original amount, please explain ( change orders, extra work, etc.).
Didyouor any Subcontractor,file anyclaimsagainstthe Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No If you answeredyes to either of the abovetwo questions, pleaseexplainand indicateoutcomeof claims.
E- 14
189Exhibit 2
r a
EXHIBIT" B"
CONTRACTOR PROPOSAL
190Exhibit 2
CERTIFICATE OF LIABILITY INSURANCE
DATIc(MhWO/YVYY)
08/, 812 Q
THIS CERTIFICATEIS ISSUEDAS A MATTEROF INFORMATIONONLYAND CONFERSNO RIGHTSUPOk THE CERTIFICATEHOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
i3P0 : , the oe oafs r s En, s pollDy( mlAst eve D O A tIRE pro sons or b® en r . I .• SUBROGATION IS WAIVED, subjeol to the tarme and Conditions of the policy, certain polka may require an endorean» nt. A ststerrunrl on this Certificate doss not confer rights to the certificate holder In Neu of such sndoresanurd( s).
NAMPRODUCER
OOMTACT
Lon Risk Insurance services west, Inc.
tees) 2aa- 7122
Los Angeles CA Office rlr. E Ar Na; ( eoo 3e3=a os
707 Wilshire Boulevard
Suite 2600 bass
Los Angeles CA 90017- 0460 USA
OMRERM AFFORONG COVERAaE NATOB
INSURED INSURER A: start• indemnity& Liability Company 3831A West Coast Arborists, Inc. INWMNIN Starr specialty insurance Company 16109 2200 E Via Burton
Anaheim CA 91306 USA III URER' C:
N SURER 11
INSURER eI
UREA F;
COVERAGES CERTIFICATE NUMBER: 670082346268 REVISION NUMBER:.
THIS 15 To CERTIFY THAT THE P CI OF INS RANGE LOW HAVE BEEN ISSUED TO THE) NSUFIED NAMED-ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDINGANY REOUIREMENT,TERMOR CONDITIONOF ANYCONTRACTOR OTHEROCCUMENTWITHRESPECTTO WHICHTHIS
CERTIFICATE
AIDCONDOSOFSUCH
PERTAIN, THE
MIITTSSHOWNMAY BEENREDt
POLICIES
BYPAID CLAIMS.
18 SUBJECT TO ALL THE TERMS,
Limits Shown in as mQuested
5 TYPEOFINaURl1r10E POLICYINUNSER LeETa
X COMRC' AI GENERALLIABILnY T0M7= I EACHOCCURRENCE 2, 000, 000' CLARAS4MDE " OOCUR PR a ac 1, 000, 000
MEDEXP( Any wopmmm) S5, 000
PERSONALAADVINJURY 2, 000, 000
GERLAGGREGATE LMTAPPLIES PER: GENERALAGOREGATE i; 4, 000, 000
POIIDY X J
LOC PRODUCTS- COMPADPAGG 4, 000, 000
OTHER;
n...
A AUTOMOBILE LMLfTY 1000 198196201 07/ 01/ 2020 07 " 021' COMBNED` 8Wgt. EUW 2, 000,AAAW0oo'
X ANVALRO BDDILYWJURY( Perprrwn)
OWNED
SCHEDULED
BODILYINJURYiALITIOSIONLY
Peraoddmq
AUTOS
HIREYDAUTOG NON- OWNED PROPERTY—DAMAGE
N.. Puaeddem
0 OCCUR EACH OCCURRENCE
CLAIM84MOF AGGREGATE
0=
j: jRiKT5N710N
a 1WY IOPRIETOR/ ILPARTNERIEXECUTIVEN 100000422It 07/ O1j2020 07/ O1/ X
PER Lalr Ttr, E THA wORI PF* ATmmmw—
r r workers Comp AZ
LL. L40HAC= NT 1, 0001000
OFFKxe , ME1wBEREXCLUOED9
U
MIA 2e21
rlEnasf" hMe Workers Comp CA E. LDISEAS& EAampLOYEE 1, 000, 000 IIy, oomft undrr
Dl3SCRIPTION OF OPERATIONS beaw L DIGEASE-POLICY LIMB 1, 000, No D IPTION OF ArWra/ LOCATNaNe/ VaIBtNJq fJIDORD 1e1, Aatlwo: Ial Rsnrarlta eonmlR+N, n. y a IglnoA d B mar IB f9** @Q City of- sell Gardens is included as Additional insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. fl
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE•ABOVE DESCRIBEDPOL.ICRe BE CANCELLEDaENonm THE EXPIRATIONDffB THEREOF.NOTICEWILL Nl DeLivesse IN ACCORDANCRwrr" IM POLICY PROV .
Cityy of sell Gardens Avnta+BEnRlPWNrAT1V6
710E S. Garfield Avenue
Bell Gardens to 90201 USA
61tNI 4M§ ACORD CORPORATION. All rights reserved.
ACORD' 25( 201601) The ACORD name and logo are registered marks of ACORD 191Exhibit 2
POLICY NUMBER: 1000100141201 COMMERCIAL GENERAL LIABILITY Effective: 07/ 01/ 2020 CG 20 10 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person( s) Or
Location( s) Of Covered OperationsOrganizatron( s):.
Where Required By Written Contract Where Required By Written Contract LIn to this Schedule, if not shown above, will be shown in the Declarations.
A. Section 11 - Who Is An Insured is amended to 1. All work, Including materials, parts or Include as an additional insured the person( s) or equipment furnished in connection with such orgenization( it) shown in the Schedule, but only work, on the project ( other than service, with respect to liability for" bodily Injury", " property maintenance or repairs) to be performed by or damage" or " personal and advertising injury" on behalf of the additional insured( s) at the caused, In whole or in part, by: location of the covered operations has been
1. Your acts or omissions; or
completed; or
2. The acts or omissions of those acting on your 2. That portion of " your work" out of which the behalf-, injury or damage arises has been put to its in the performance of your ongoing operations for
intended use by any person or organization
other than another contractor or subcontractor
the - additional.---. insured(- s)- at - the-- - location( s) effgAgii§ d - in designated above. principal as a part of the same project.
However:
C. With respect to the insurance afforded to these
1. The . insurance afforded to such additional
additional Insureds, the following Is added to
insured only applies to the extent permitted by Section III- Limits Of Insurance:
law; and
If coverage' provided to the additional insured is
2. If coverage provided to the additional insured is
required by a contract or agreement, the most werequired by a contract or agreement, the insurance afforded to such additional insured will pay o f
n behalf of the additional Insured is the
i e:
will not be broader than that which you are amount onsuranc required by the contract or, agreement to 1. Required by the contract or agreement; or provide for such additional Insured. 2. Available under* the applicable Limits of B. With respect to the Insurance afforded to these insurance shown in the Declarations:- additional insureds, the following additional whichever is less. exclusions apply: This endorsement shall not increase the This insurance does not apply to " bodily injury" or applicable Limits of Insurance shown in the property damage" occurring aftr. Declarations.
CG 2010 0413 G Insurance Services Office, Inc., 2012 Page 1 of 1 192Exhibit 2
POLICY 1000100141201 LIABILITY
7/ 01 022 T 04 1
CAREFULLY,THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT
ADDITIONAL INSURED - OWNERS, LESSEES OR
OPERATIONSCONTRACTORS - COMPLETED
Is endorsement modifies insurance under the following:
COMMERCIAL GENERAL LIABILITY t
PRODUCTSICOMPLETED OPERATIONSLIABILITY A T
SCHEDULE
Name Of Additional Insured Location And Description Of Completed Organization( 0 Operations
Where uI y Written Contract WhereRequired Written Contract InJormation, Mquired.tol is Schedule, If not shown above, will be shownIn the Declarations.
A. SectionII Insured t n required n or agreement to
include as an additional insured the person( s) or provide for such additional Insured. organization( s) shown in the Schedule, but only
with respect to liability for " bodily Injury" r B. Withrespect to the Insurance o to these property damage" caused, in whole or In part, by additional Insureds, the followingis added to myour work' t the location designated and Section III Limits Insurance:
described In the Scheduleof this endorsement If coveragea the additional Insured Is performed for that additional Insured and Included required nt. or agreement, the most In the Oproducts- completedoperations will pay an ddid I Insured is the However. amount of Insurance:
1 Insurancesuch additional 1. Required by the contract or agreement: or insured only applies to the extent permitted by 2. Available er the applicable Limits of I Wand Insurance shown In the Declarations;
2. If e provided to the additional Insured Is whichever Is less. required y a contract or agreement, a
This endorsementh I not Increase the applicableInsurance afforded to such additional Insured Limits of Insurance shownIn the Declarations.II n e broader n at is u. are CG 20 37 0413 0 Insurance Services Office, Inc., 2012 page 1 of 1 193Exhibit 2
POLICY NUMBER: 1000198198201 COMMERCIAL AUTO
CA20481013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED FOR
COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respectto coverageprovided by this endorsement, the provisionsof the CoverageForm apply unless modified by this endorsement.
ThisendorsementIdentifiespersons),or organization(s) who are"insureds".for CoveredAutosLiabilityCoverage under the Who Is An Insured provision of the Coverage Form. This endorsementdoes not alter coverage provided in the Coverage Form.
ThisendorsementchangesthepolicyeffectiveontheInceptiondateofthepolicyunlessanotherdateisindicated below.
Named Insured: West Coast Arborists, Inc.
Endorsement Effective Date: 07/ 01/ 2020
SCHEDULE
Name- Of Person( s) Orflrganization( s):-
Where required by written contract
InformationrewiredtocomletsthisSchedule,ifnotshownabove,willbeshownintheDeclarations Eachpersonor organizationshownin the Scheduleis
an" insured" for Covered Autos Liability Coverage, but
only.to the extent that person or organization qualifies as an " insured" under the Who Is An Insured
provisioncontainedin ParagraphA.I. of SectionII -
Covered Autos Liability Coverage in the Business
Auto and Motor Carrier Coverage Forms and
Paragraph D. 2. of Section 1 - Covered Autos
Coverages of the Auto Dealers Coverage Form.
CA 20 48 10 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 194Exhibit 2
Tres Cam ftfa ssionals Se" ing Cow no furs About TAM www. WCAIW— c= September 2, 2020
Cityof BellGardens
Ann.- am Vu, CltyOarft© fie
71W Garfield Avenue
Bell Gardens, CA 90201
RE: RFPfor th metTree Malmounce Services
Due: wed S#Mmber 2, 200 at 05WOPM
To whom it mayconcern;
Thankyou for allowingWestCoastArbodsb, Inc ( WCA) the opportunity to submit a proposalfor tree maintenanceservicesIn the Cityof BeltGardens.WCAisa famlly-owned andoperatedcompanyemploying nearly1,OWfull-tlmeemployeesprovidingvarioustasksto achieveonegoal:servingcommunitieswhocare about trams. We have reviewed, understand, and agree to the terms and conditions described In this RFP.We visa herebyacknowledgethat we mostthe minimumrequirements.and respondedto eachof these requirementsto the bestof our ability.Ourproposalisvalidfor a minimumof 90days.
WCA's corporate values Include listening to customers and-employees to help Improve servicesoffered. By establishingdear goelsand expectationsfor the organization,supportingIts dhMrseteams,andexchanging frequent feedback from customers and employees, we are able to provide ISOM sgndw& tree care- services.
WCA's top managementteam hascreateda culturewhereemployeesbecomeaccountablefor actionsand results.OurTreeCareIndustryAssociation(TCIA)company-wideaccreditationIsevidenceofthecommitment WCAhasto our safetyand training programs,customersatisfactionand our capacityto maintainIndustry standards.
WCAhasa 48-yeartrackrecordof workingfor morethanSWCaliforniaandArizonamunicipalitiesaswell as other variousagencies.Ourcompanyhasbeenin businesssince1972and Is licensedbythe CaliforniaState Contractors UcenseBoardunder license OM764. We have held this license In gooclatanding since 1978.The license'specialitesInClassC61(Treeservice)aswailasClassC27(Landscaping). Wecurrentlyemployover80 Certified Arborists and over 150 Cartrad Tree workers, as recognizedby the Internationalsociety of Arboriculture. WCA is also registered with the Department of industrial Relations ( DiR) for Public Works projects,ourregistrationnumberisIWOMS6.AllworkwillbeperformedIn-house;nosubcontractorswill be used.
Our employees will operate from one of our seven California Offices: Anaheim Office, 22W East Via Burton, Anaheim, CA 92806. For questionsrelated to this proposal and who has the authority to negotiate/ present please contact Vktor Gonzalez, Y.P. Business Development, at ( 714) 991-19pp or at MflZaI14Wr& 1QS& Gonzalo Regalado,Area Manager, will be assigned to this project should WCA be awarded a* ntract. He can be reached at( 626) 255. 7618 or Sincerely,
F
Patrick on ey
President t
195Exhibit 2
CITY OF BELL GARDENS
REQUIRED FORMS FOR SUBMrTTAL
RQE9AALU. B199ML El,
For all 'services described below, unless excluded by the City In description of services below, the City shall consider unit prices below to Include all labor, equipment, fees of any kind, overhead, insurance, fuel, materials, surcharges, disposal fees, and any other costs associated with and necessary for the Proposer to perform such service. No qualffloations, exemptions, or alterations of services described below will be allowed. Failureto complywill result In disqualificationof.proposels.
A. GENERAL SERVICES
unit Estimated Services Extentied
Prices based on previous
Y
INVENTORY SOF
Gathering of tree inventory information $ 0 Lump Sum 0 and softwom tralnin
2 ANNt1AL PALM TREE PRUNING
King or Queen palm 60. 00 5* palms 300. 00
Washington palm 60. 00 7 palms 420. 00
mmCans y1island Date palM __
3 GRID or ANNUAL TREE( Street/ Park $ 460.00 2, 500 Grld Trimmings $ 150, 000. 00
I PRUNING '
4 STREET TREE TRIM
Ar- rdsh 60- 00 50. 6ses.. 3,000. 00.--
C- 1.2' dsh 60- 00 100 tress 1 $ 6, 000. 00
12' 8 over 60. 00 400 trees 24, 000. 00
5 CROWN REDUCTION TRIM
0"- 4" dsh 60- 00, 125 trees 7, 500. 00
4'- 12' dsh 95- 00 126 trees 11, 875. 00
0 Ire"j; r&. over-. 32
la Tree and Stump Removal: Cost
per True( Tres and Stump
Removal)
6,- 6* 180. 00 2 Trees
7.- 12' 48O. 00 2 Tress 960. 00
13,- 1fr 580. 00 6 Trees 3, 480. 00
1Sr- 24° 680. 00 20 Trees 413, 600. 00
2W and over 780. 00 10 Trees 7, 8100.00
A. GENERAL SERWCES
3()" 195- 00
Designated areas or districts are to be pruned In their eniftlil. ThIslimiudes all smaN, medium, and largebees Gridtreepruningwillincludepropergroundclearance, crowndeaningandslightthinning in accordance with the standards set kdh by the International Society of Arboriculture Pruning Standards( Best Management Practices) and the ANSI A300 Standards.
E- 1
196Exhibit 2
B, CREW RENTAL AND EMERGENCY SERVICES
Fully equippedcrew as defined. Includesall manpower,equipment, tools, traffic control, disp saJ_gq# q gr d zesty material markups, mm
Straight
Descrl tion ofwSorvhi Unit Prices EstimatedServices.. .. Extended_. .._.__
9. 2 Man Crew w$! i 160..00 10 Hours 11600. 00
Equipment
2. 3 Man Crew with S 40.00 30 Hours 7,200. 00
Euiment
S. 4 Man Crew with 320. 00 . 10 Hours 3,2W. 00 Ecu1 rnent
OvertlmeNeekendstEmvr an .. Afar Haur Call Out
m
1. 1- Min, 6, 200. 00 10- Hours 92. 000. 00
Equipment
1 3 Man Crew with t$ 300.00 10 Hours 3,000. 00
3. 4 Man Crew with 400. 00 10 Hours 4'(W. 00
E . uI ment
B. SUB- TOTAL— CREW RENTAL EMERGENCY SERVICES $ 21, 000• 00 GRAND TOTAL ( A+ B) $ 3M795.00
TOTAL ANNUAL AMOUNT OF PROPOSALS
FIGURES) _ 322, 795.00 _
TOTAL ANNUAL AMOUNT OF PROPOSALS( i
WORDS):
Three Hundred Twent Two Thousand, Seven Hundred Ninet Rverand 00 100.
Submission of proposals and signature of representative of Contractor below shall bind Contractor to perform stated services at the Unit Prices specified for duration of the term of the awarded contract.
E- 2
197Exhibit 2
CONTRACTOR
West Coast M; ) o4tts, Inc.
Company Narp , ;Pmposer,
f
y
w__. ._ . a. W. '. ....... _.. w._;..__.._ . .. . ....... 09101120
Authorized Signature Date
Print Name Title
5- off.6s2
Social Security or Taxpayer ID Number
DIR Contractor Registration Number: 1000000956
E- 3
198Exhibit 2
A proposer proposing to subcontract any portion of the work and to procure matedels and equipment from suppliers and vendors shall identify all proposed subcontractors, suppliers and vendors below.
NAME, ADDRESS, AND PHONE TYPE OF WORK
NUMBER OF SUBCONTRACTORS, MATERIALS, OR EQUIPMENT
SUPPLIERS, AND VENDORS BE SPECIFIC)
NONE TO BE USED
Note: Additionalsheetsmay be attached.
E- 4
199Exhibit 2
NON- COLLUSION AFFIDAVIT
STATE OF CALIFORNIA
COUNTY OF. n(, g
Fg-trick M—ohmey ., beingfirst duly swom, deposesand saysthaaode Is President of West Coast Arborists, Inc.
Title) Name of Proposer)
the party makingthe foregoingproposal; that the proposalIs not made In the Interestof, or on behalf of, and undisclosed person, partnership, company, association, organb2tion, or corporation; that the proposalIs genuine and non collusiveor sham; that the proposer has not directly or Indirectly colluded, conspired, connived, or agreed with any proposer or anyone sin to put in a sham proposal, or that anyoneshall refrainfrom proposing; that the proposer has not in any manner, directly or Indirectlycolluded, conspired, connived, or agreed with any proposeror anyone else to put In a sham proposal, or that anyone shall retrainfrom proposing;that the proposer has not Inany manes, directly or Indirectly,,sought by agreement communication, or conference with anyone to fix the proposal price of the proposeror any otherproposer,or to fix any overhead, profitor cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested In the proposedcontract; that all statements contained in the proposal are 9w; and further, that to proposer has not, directly or Indirectly, submitted his or her proposal price or any breakdowntherwl, or the contents thereof, or divulged information submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged Information or date relative thereto, or paid, and will--not pay, any-fee-to. any-ootporation-,-partnership, company-assoclation,-organtzatlorr, proposaldepoalloy;errtoanymemberoragentthereoftoeffectuatea collusiveorsham proposal.
Signati,o)
Patrick Mahoney, President
Typed Name)
SUBSCRIBED BEFORE ME on this,, ' Tay of
Notary Public) My CommissionExpires:
9* n uv Aica*e-
E- 6
200Exhibit 2
CALIFORNIA ALL- PYNPOA' ACKNOWLIEDGMENT CML CODE1114111 A notaryp
Cam* of j
n
Deb News Insert Allems ad" do o the Ofterf
i
who proved to me on ft bask of satisfaclary # Wdwm to
Ew
In
t4m flnd
p" Wo.
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201Exhibit 2
CONTRACTOR' S ORGANIZATION STATEMENT AND PERFORMANCE HISTORY The term `Owner"'herein shall refer to any private firm or public agency to which the Contractor has submittedaproposalsto,or contractedwith,foranytreetrimmingandmaintenancecontract.
Submitted
Name must correspond with the ContracWs License
X Corporation Partnership individual Joint Venture
If a oarporation, under the laws of what State is it organized? Caitfomio California Regional Office( a):. 2200EastVia_Burton„ Anaheim, CA 92806 Offloem,ResponsibleManaging Officers,ResponsibleMane iin Employees Patric. d a . a .°, ', r Rich arcit ahone Secretary
Rose._ E : ersQq Treasurer
Use a page titled." Additional Information andfor Comments" for providing requested or additional Informationfor each of the following questionsto which you answer•yes" or for any comments.
A. Providethe following license numbers and expiration dates:
L!-6§-Z p' 12/ 31/ 20CA Contractor' s License No. 366 6 Ex irabon Date•, ,.
CA C- 27( Landscaping) Contradoes License No. . 366764 Expiration Date; 12L31/ 20 CAC-ti1iD49(LimftedSpeciallytTreeSerAce)Contractor's LicenseNo. 366764 Expiration.. We:.. m.. l
Will you be able to provide OSHA Certificationfor aerial equipment when used throughout the term of the awarded contract? Yes X No
B. Howmarryyearn'experienceInconstructionworkasa currentorganizaition? 1) As a General Contractor? Jy% t! QQ,gd 6M' g trtSs=Inc. From 1972 to Curren1 2) Asa Subcontractor? _ N/"A,,,,,,,,,, ......: ......... ....___...___. From to C. Providethe followingnames, addresses, and phonenumbersfor three publicagencies_ for. which Proposerhas performedsimilarwork within the past ten (10) years, includingthe Geographical.
Information System( G IS) tree inventory services:
City of Lakewood Agency Name
Grant Pickerir yTroe & Harascal ew5u; en+! sar
w_.. 1562 8db 9771
Nameandtelephonenumberofpersonfamiliarwithproject
Tree Maintenance
Annual Budget$ 565,000.00
Contract amount Type of work Date Completed
E- 6
202Exhibit 2
2. AgencyName
telephone rn ilir with project
Tree Maintenance
rt t 1150(kO09.00 Services 2DD5- Current
y f I'IflpmeC
AgencyName
Frank Preclado,__ Public Woft Sup J ._.._._.__—
number of personfamillarwith project
Trey Maintenance
Annual Budget 6, x. 199 rr nt
Contract amount Type or we* Da* Gornpliiia'
D. Have , yow company, or any~, failed
n Indicate the nams of each Owrw, dabs, and ths
E. Have u.. youir company, or any , manager r partnerthered, pnMously had suspendedlicense
whose license was suspended or revoked. dates of occurrence, add the circumstances for each.
F. Have yon, your company, or
2iyofficer, manageror partnerthereof, beendebarredby anypuI n t, I n, the
agencyInvolved, dates, n
m
n r
G. In an award based on low6proposels abdepeg to havethelowproposals,have you or your
company been. clonled an award of an ownercontract? as to own such denial, state the name of the Owner, ft data of the denial, ft ft and number of ft contraot proposals, and the grounds on which the Owner based the denial of award.
H. Has your Inquiryby arri Owneras to whotheryourcompanyIs a proposer or non- reeponsible Proposer? YES_ NO_ L_. if go,anto each.inquiry, Owner,state ths name of the tho date of the Inquiry, I r based the Inquiry. ult of the Inquiry,
Iw Has your comcany been gWw a notlooof deficiency duringr them It rxdw of deficiency, gW theicame of the
Owner. the dabs of the r , the groundson whichr basedthe noticeof the deficianqy, notice.and the rest& of the
J. Hasyourcompanybeenscreenedliquidateddamagesor hadPaymentwithheldbyany the teon of a contract r similar YES _ NO X, If so, as to each saggesownt of liquidated payment withhold, sots the name of Vie Owner, the data of the assessmenbWthhold payment, the fifle and nu unds on which Owner based. 11heassessment of liquidated
companyKIs your In any litigationagainstr perfumingto anycochld for services project, or has your company been a parly to such litigation? if W, as to seen such litigation, state ft name of the Owner, case nu urt and Jurisdiction in Non said litigation Is pending or was brought the nature of Ihe 111gallon, the amount at issue In the 203Exhibit 2
Ration, the presentstatusof suchlitigation,.the dateof resolutionof suchlitigationif resolved, and theamountandmethodbywhichsuchlitigationwasresolved,if resolved.
L. In the lastflue (5) years, has your company, Inthe performanceof similarservices, raceivedany notices of violation from OSHA resulting In any Ane7 YES X. NO . N so, as to each notice, state the name of the Owner, the date of the notice, the grounds on which OSHA based the notice, and the result of the notice. Provide the following Information as to contract experience with public entitiesor governmentalagenciesonly,withinthe pastten (10)years. If none,write' NONE' on the chart.
E-8
204Exhibit 2
K. IsYearcomPonYcWMntlyapartyInanyMain Out myOwnerpertaining toanycentredforservicesprnfackorhasymrrcompanybanopartytosuch litigation?
a. Listanylawsuitorlitigationandresultofthatactionthatisstillpendingorhoeoccurred withinthelastfive(5)years.
b.Listallprojectswhereclaimsorsetlamentswerepaidbythefirmoritsinsurer'swithin thelestfive (5)years.
c.ListallWorkrelatedinjuriesorfatelitlesInthelestfive (5)years. a.ALarge,matureEucalyptustreeuprootedandstruckbystandersatisCityofWhittierpark whiletakingphotosunderthetree. Severalpeoplewereinjured.andmedeathoccurredas aresultofthefallentree.Currentlythecaare22plaintiffs.Thecaseisinthebeginning phasesandhasjustbeentransferredtotheNorwalkcourtjurisdiction.WCAwaspulledinas acrass-complaintfromtheCity-ofWhittier.
CanNo. BC656449 -Mojerra,atal.v.CityofWhittier.it el.
CaseNo.OC666844—StephanieCviettv.CityofWhittier,it al,
b.Togiv Pasadenalt PasadenaUSU,WCApaidout a settlement of$5,000. 205Exhibit 2
D' ee 0" Pmfessiomb Serving Communities Who Care About Trees www. YKAINGcom
CITY OF BELL GARDENS
WCA 5- Year CAL/ OSHA Compliance History
OSHA Violation Disclosure:
WestCoastArborlsts,Inc(WCA)appreciatestheopportunityto furtherclarifyalltheresultsfromthe DOI,website pertainingto WCA's recentOSHAInspections/Citations:
Date' of inspection: 2/ 24/ 17
OSHA Citation# 1213089
Thiswasafacilityinspectiondueto theMaximumEnforcementcampaign.1)Nopermitto operateair compressors.2) Nowarningsignsfor aircompressorfor autostartup.3)Storedoxygencylindernextto acetylenecylinder.4)Weldingcylindersnotsecurefromtipping4)Grindertoolrestnotadjustedto propergap.5)Grindertongueguardnotadjustedto propergap.Permitswereobtainedforallair compressorscompany-wideaswellassignsplacedforallcompressors..Wehadall,butone,signnot placed.Thecylinderswerenotinuseandwerepending.to berefueled.Theothercylinderswere incompliance,thatwereInuse.Wehavenowkeptcylinders,emptyorfull,separateandchairedup.
Thegrindersinspectedwerenotinuseandwereunplugged,becausetheyhadapotentialtobeuseda citationwasissued.Wenowconductaweeklywalkthroughandcheckallgrindersfor propergaps regardless If In use or not. All citations are under appeal.
OSHA Citation# 1214604
Date of Inspection: 2/ 23/ 17
Accident Related inspection during contract services with the City of Camarillo- 1 serious citation issued.Failedto haverailsonstairwayto bucket.We.havecorrectedthetruckthat wasmissingthe guardrailandspokewithourbuckettruckmanufacturetoplaceaguardrailona ournewunits.We haveaddedthese ragsasthe truckscameInfor repairsandpreventivemaintenanceservice.We also placed.stickersonareasthatarenotworkingsurfaces.Asafetyshutdownwasdonecompanywidefor re-trainingto allemployees.TheemployeewhowasInjuredreceivedaSafetyViolationnoticefor workingoffanon-workingsurface.Totalfineof$5,060hasbeenpaid.
OSHACitation##1190192
Date of Inspection: 9128/ 16
Maximum Enforcement Inspection during contract services with the City of Coronado— 1 general,2 seriouscitationsissued.1)Missingelementsinthe IIPP.2)Notfeedingfromsideof chipperand.walking away.3)Placedhandsandarmsonthefeedtable.DuringtheInvestigationit was.foundthatthe employeewasinfactfollowingproperprocedures.Whatlookedto bechippingbrush,theemployee wasusingabiggerlimbto pushthesmallermaterialIntothefeedingwheels.Weconductedtraining withthecrewandplacedadditionalwarningstickersonthechippers.Thecitationswereappealedand significantly reduced. Total fine of$ 8, 8SS has been paid. 206Exhibit 2
I work on ft CWO tree maintenancer qualftedone and
duties. ll but not be Unwitedto, codifled arborift
bee u r municipal WRY.line are it ,
lbensed ped conW advisorsa American Society af Consuflingr registered conaLdOng arboft and Wmidenel suppod for I The Irm el D t 1) I will
r
projed
manageounkone( 1),Owfled Udilty Attorist and full-flmeEnglish speaking eft sipervisors capable MemberStaff Quoillicelions
1a I ertled oast -' t 1" Arr rrr ar ._
TLC Widge Aware
WCISA
m.....
Certified Th3eworker Climber# 2211
o rGs. rl t. Pest1 P P 1 17_'', _U2Mt2gMLQqmCowalog&_ m_
w .... ,.. ._,....__.. ._
I' PQ& L_1144
LSA.QjdMQgMgdpjA t- YW
JQ16$ a_ t...___._ l# 11115__..
w___ _..._,,. .. .------
V 1, 11 l tt sslrs1 ff MonocT
r mffe Rff? L naflon fernom section 3 fffled'= arnp ni_ PQrs E- 9
207Exhibit 2
Tree Trimming and MaintenanceServices
N. Please describe your proposed trae inventory programand attachsample reports. our tree man emenl ro ama sets us c art„ from, other cgm anie; With. eadyy... active users, r a mama a our urban for-for-@A with
sase..and pryvenience Tree_slteattributes_Include9ecS#Mott gaecles U=. and Radm= size, Fantures llow yay ton view and edit work hbi= records and create mark ordem dtrectiy frerr tbg field, all from our secure ; d- ThCCo-hforrnaficn_ con red in Arbor_Access I ovides an.ur>limited, resource cf tnfomtat"? I....... r itiF'Ya1if1WWl r urban forest-
Egr more friformagonIeas cf n 7 In our Cgoomltit " A y Failure to providetruthful answers to the.questionsabove or in the following ReferencesForm may result in the Proposer being deemed non- responsive.
The Proposer certifiesunder penaltyof perjury underthe laws of the Stateof California that the information providedabove is.true and correct.
West Coast Arborists. Inn.
FIRM NAME
CQNTRAGTOR' S MAiL.iNG ADDRESS:
2200 East Via I}LdQla _...__._......._.,.._..
Subsc Abed arkd sworn to me: i Signature: ., ., _ .
Tide: Patrick ahoQh Presidents mM m
Signatu Date: , Q2102f2020.
This t
day of ZOo
Titie: Signature
Signature: Tide: ,.. lard Mahone , S dfary. ..
Date:
SEAL}
w
AAELUMENZEL
Notmy Aeok- CAti Wob
arons county ;
Commission N 22$4381
mmyComm.ExpiresApr S.2o23
E- 10
208Exhibit 2
B
f
1111110GRINCESFORM
re currefty worldingon or have
Worked . t arse I , t following InformatlonvAh, likat Project Description _=&& gtMLMkW_ tWeMaht@ng0gVMylges or thejgty Approximate ConiftoWn Dabs From: 1 To.
Agency Nime- .__ j; ItLof tLoMtolk
Address: 12700 Norwalk ._ ,.....,
Original Contiad Amount, Final Cor" d Amount
If finalamountIsdiftent* omoriginalamount,-pWm explain(changeorwieMextriaworkate.). rl ...... ._ _....-lo annualCPI Ih raelllallt
Id you or any sib I 'any
Circle m
Did the Agency flb any cfdme It you? Circle. t
If youansweredyesto eltherof theabovebvoquestions,pleaseexplainandIndleats dalme.
Project 2 Nami/ Number TreeMaintenanceIces
Project Descrow to 1w s
Agency r ,_._ ' fit _of WhIttler
T
Addom-, 1 L, It ,
IICordrect Amount 8 ...._..,_......_..... U m . 501000.0q ..
If Mal amount le difilisrent from odginali extrs, worK ft,), ari its . e Ire . ?ty.._OV4L&. 03 well as gILowcLn_ q2fcjI1I. g
Did yoU or any Su fft any it
Cirds one yes
DidOwAgencyAleanydalmsagainetyour Circleone. Yes
It you anwwomd yn to efther of the n a pleas explain w4 Inclicals outcome u
Project 3 Name/ Number _ As- needed_ Tr .. I nano ..,_! . act Description Treei 1
n.
as- needed '
int __.._. . .._&nonce districts,
ta
11 209Exhibit 2
Approximate Construction Dates From: Sinn, 4. 10;__ To: _.., Current.
Agency Name: C64, y of LosAn elm
Contact Person: Natbit el, TMe Su2v, Telephone: .. J6 474- 71 Z3& 2,52 , Address: 381 4 b!..SierraHighway,_Palmdgle. CA ?
Original Contract Amount: $ 4= Q0 Final Contract Amount: $ 4. 300=. QQ If final amount Isdifferent from original amount, pleaseexplain( change orders,extrawork,etc.). 1NCAmaintainsmultitiplecountercontracts for variousmaintenance districts,aswell as- needed' services.
DidyouoranySubconctor, fileanyclaimsagainsttheAgency?
Circle one: Yes No.
Did the Agency file any claims against you? Cirde one: Yes No If you answered yes to either of the above two questions, please explain and indicateoutcome of claims.
Project 4 Name/ Number Tree Maintenance Services
Project Description Provide the City with complete free maintenace& mane meat services.
Approximate Construction Dates From: _ Since 2002 To Current Agency Name: iy of JO.. $ . ...
r..
Contact Person: 2. eveLawson: Pants & Rec. Telephone: ".__- d, 6 285- 2171 Address: - 170 ,_-..0_ Iurlas., 1 . lt- Q-ty, . t? ._._...._,__._ ..
Original Contract Amount: $ 125. 000& 0 Final Contract Amount: $ 26D . 00 Iffinal'irnbunt is diifferiantfromoriglnaIamount,pleaseexplain(chargeordere,extrawork,eta).
The Cltyrhas allowed for annual CPI increases as well as increased their bud et for extra work.
DidyouoranySubcontractor, fileanyclaim againsttheAgency? Circle one: Yes Qio
Did the Agency file any claims against you? Circle one: Yes E)
If youansweredyesto eitherof the abovetwoquestions, pleaseexplainandIndicateoutcomeof claws.
w___........_
E12
210Exhibit 2
ii Tree Maintenancei
PMIW Description
City.of Sank]......F@Sj r
OVnW Contract Amount: $ Final
finalIf amount Is dftmrt ftwn original
WCAIsalbwed annualCPIIncreasesInpO_4tIoq_tq theCityjnq
Did you or y Suboo file any dAlme againstthe
Did the Agency file
Chle one: Yes
Mr"
me against you? CWde, one: Yes
If er of the abovehw quesiftne, pleaseupkM and Indicateoutcome f claims.
PrOJW 4 Nerneffilumber t z
Prplect Descriptioni I #
fi T .
M._- __..._.._. a_ tit
finalAddress, ...
9633 Beverly kqad, Rivera
Original ConWd Amount $__ 162 Final Contr& d Amount: $ 2622 0 If amount In e (
Did you or any Sub No any claims against the Agency?
Cirdo : Yes
file any #
Yn. to eWw of the above two quesUns,
E13
211Exhibit 2
Project 7 Nam6iWumber And Trimdna 11,cr c rvi
Project Description Tree Mainfi enance SeMces
Approximate Construction Dates From: 2011 To:
AgencyName: i4yatArcgdia
Contact Person, Dgye Thomason. 5t _ef, Surpt Telephone: ( 6261256- 6676 Address: Q. W. anti ,: a
Original Contra Amount: $. 34. QZ,0. 00 - Final Contract Amount $ 334 0 0,00 If final amount is different from originalamount, please explain( changeorders,extra work, etc.).
DidyouoranySubcontractor,file anyclaimsagainsttheAgency? Circle one: Yes
Did the Agency fie any claims against you? Circle one: Yes Ifyouansweredyesto eitherof the abovetwoquestions, pleaseexplainandindicateoutcomeof claims.
Project 7 Name/ Number _._. Tree Maintenance Services Contract Project Description _— A C-& Provides c tyM4 e tree m intendnce services— Approximate Construction Dates From:
Agency Name: City of Glendale
Contact Peron: -_ Toren KliCk Urbon Forester.. Telephone: IS181SM 41 Address: 5__4_L_w, chev_ y_ C dse Dr.., lends e , A91204 Original Contract Amount: .._.. 1.0b3,5UD.A0.--.-- Final Contract Amount: 1.13491?.O0__..
IffinalamountIsdifferentfromoriginalamount,pleaseexplain(changeorders, extrawork, etc.).
City lssuqo qctange qr W
and allowed forAJ2VdgAfjnqapse of t film of n
renewal.
Didyouor anySubcon_iLractor,file anyclaimsagainsttheAgency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims.
E- 14
212Exhibit 2
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213Exhibit 2
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216Exhibit 2
WESTCOASTARUORISTS, WC. n d ando Logo
amplepas Providingtree caskitenence andme` e proudly serving over 275nxwWp& esandpublicagencies. Wk ProddentiFetrickMummy OURVISION
DnmbftType
EmAllmhodv
responsibility mdmanavabilty we to to mmmft whirs we
WeWd ourselvestotin higheststandardsofAW unfuct aid invirmunmetall,1972 do i e
IR Ragistrom Imeag000 Itisourpal andvisiontohadtheIM607inalote4dwort urioultruecareendmmBgmmd I
Fma CA CustowsatisfactionIs,ourbispriority.
lnalLCA fackol'ourur* K Or dodbutiontocushm servicehosamid WCAareputationunrivaled integrity.
rdvm* L CA do r isnecessarytoachievethehighestqualitynwh Weknowthathighsnakywork SaoDiago,CA Is
Sin f CA
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HELPMAMINENT
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217Exhibit 2
CORPORATECAPABIUTIES
WestCoastArbarists,Inc.,is committedto successfully completingeachprotectin accordance withthe specifications, budptasdmdule and f withtheWiliestquakyofsen9ice.OurrustomeW$atisfactianisadirectresultofourmeanstocarryouteachprotect.Listedbeloware someofourcorporatecapabilities.whichnotonlyprovideasenseofcomfortandconfidencetoourcustamargbutalsoassurethemofour continuousabilitytonuboutthadutiesofmanagingtheirurbanforest.
Inbusinesscontinuouslyandecthrely sires 1972
w
Contract s Lice CBIAG BC27
V
Over8:500ADlineof creditavailable
BoufedtryBOIC.anA+ratedcompany
950+employees
300+co* acts withpublic agmtda Active VAMb
BO+CortMedArbom& liesCareIndustryAssoiciatiun(TCW
150+CatifiedTreeWbrkers InternationalSocietyofArborlcultA USA) Drug.fro Worlplace LeagueofCaliforniaCities(LCC)
14,000s4f#.emnpacty-ownedHeadquarmrs(Arudmim) CaliforniaParksERecreationSociety(CPRS) DepartmwitofAgricultureNr y liter Associationof CaliforniaCities-OrangeCounty(ACCOC) MaintenanceSuperriternierrtsAssociatan(MSA)
Avg.50Q000treespgriupauad over past3years Ca>RorniaLandscapeContractorsAssociation(CLCA) Avg.I$AQOtt s rs rodarrrauellyover 3 years StreetTreeSeminor.(SfS) Avg.14.000trees over poet3.years CaliforniaurbanForestCouncil(CaOFC) Avg.25030 trees hivantoMailmutuallyover past3years AmericanPublicWorksAssociation(APNEA) I* insumd.withinsuranceupto SigWlion
m., m,
9—, .. "".
CONTRACTORSFederalTaxl0# 95-3250BBZcurrent alltoxes and i= aMl STATE UCENSE BOARD fRlingswithstate andfederalgaver nment VE LICENSE
Solesvolume war 100million annually
a 36C76 6 CORPfleetof ably I,500poncesof t.
H WEST COAST ARBORIST' S INC
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218Exhibit 2
I I
Staff members havedimse edu IbecklimindsIncluding
mmuntlio businessedntinistreltion, en erft endbren".
INTEDUCTION CERHRCATION
WedCoastArbaristleM is a amnpenr comprisedof a WUancouragasItsmnployantopt cartMedthroughthe mo egmnent team anda safely committee. Staffmembers have InternationalSocietyof khoricift , in aneffort to rids the divers educationalbackgroundsIncludingocconantinp;bum"as Woolardofpcofessioneltreecore.componiaa.Thisstandard edminiebthan. en eating andforestry. ourcmnnpany`scommitnenttopovidingcustomerswish cmnpafentrknowlodgeabhinnrifledurW& WUempioys-a(ergs
D FORCE
nenbcr of ISACm* WArboristsendISACwSWTreeWarsm
WCAactivelynmintafnnsongoingprocessestoassumethato*
qualW endcompotie t staff provides ssfa andquality tip CREWEVALUATION mainrtm MM serwices. Themskilledamooyaes can only beschieved WCAemployeesareevaluatedthroughoninternalmechanism throughbothtrainingandwork arporliam Webelievethat orpervisedbyourWnegartmntTemp.Eachnurgloyeaperfnamstheir ammialm pane shouldalways beobtainedthroughqualif1ed dutiesaccording to a critarl" asadJahdescriptionthatr emis sups- Weloncthis Includes bothbasicandextendedskills. WCAmakes safety,qualitywoftanft poducivity.opprWatenseofcars, every sampt to ensure that this is uncle taiaen baloreparfamft problomsolvingandcustonnerservice.Aparformenceepprelaalis workleadinga crow, or comer odvensmert. TimWorkparlumno! conductedformobmnployeauponcmnpfetionoftheprobationary on this contract is routine, recurring andusual.Theworkincludes Wad andat IeW annuallythereafter. Eachww* is alsorequired watering, trimnninng.pruning, planting, removalandreplacement of to completea competencyaasessnentendorim atienuponhim trees andDams.andservicing of hiptian. Therates includedin andannuallythereafterinselectedareastoriserstfetongoing the CastProposalee basedon the current prevailing wage reviromarssarematandopixetmitiesfor impaovenontare Merefootion for" free Maintenance(labww)" identified,-
219Exhibit 2
V imam
UPPERMANAGEMENTTEAM
Frommarlaeting,contractadministration.Meldandfleetmanagement,toinformationtoclendogy,ourUpper ManagementTeamis6valvedIntheday-to-dayoperationssupportingeachProjectTeamedCustomertoensure thehighestqualityoftreecareisbeingachievedintheindustry.
PROJECT
GONZALOREGALADO, AREAMANAGER ....
ISADOW Arhorat,/Traa ' Dm* ftil=• ATSSATawfl`ic CmWTec as#4M- TLCWife Aware Gonzalohasnearly20yearsexperienceinthetreecareindustryashejoinedWUInc.in20OZDuringhis carear,hehasearnedmanypromotionswithinthecompany;fromGrmundmantoTreeTrimmertoForemento SupervisorandsawAreaManager.AsanArea,Manager.hewlbetheAgency'smainpointofcontacta heis a responsible for Ong customer service. estimating % Wkmanaginggodoperationsandcrews throughouttheLosAndesregion.
MARI1,AZUNIGACUSTOMERSERVICEREPRESENTATIVE (CSR)
AstheCSR(CustomerServiceRepresentative},MariaisresponsibleforprovidingsupporttotheAreaManager, SiteSupervisorandcrew.Sheistoactasahelsonbetweenthecompanyandit`sclientsaswalastheOrd public.Marlaisranwbleforraundacgtocustomerserviceinipteasandfacilitatecontractingfunction& such.es:mapping:unrgroundservicealert,dataentry,fieldbookpreparation,listpreparation,etc.
JOSELUISDELREAL, AREASUPERVISOR
lSACoH1WkbacWm%* C r#* 4IW- TWW&bkm
TCIACertuTremenswityWrofessiareli - IMT1WRiAssewntulied Responsibilitiesof these SupervisorsIncludesdesassistingtheArmManagerinscheduling,overseeingthecrew'a dollyactivitieaa playestrainingprogramsandensuringpropersafetyproceduresarebeingfollowedRegular communicationwiththecustomerandcitizenscanbeexpectedasrelatedtoscheduling,workbeingperformed andanyotherinquiriesthatmayarisewhileonthejobsite.
ERESTOMACIAS,RISKMANAGER, LABORRELATIONS
ISAktilled A^beeist#WEMM- TiCASo* Prolossional#LIPS
Ensuressafetycompany-widewhichincludesthedevelopmeat,implementationandreviewofthecompany'sIn- housebli ringprogress,crowsafetyaanikandthecompacrysInjurySUlnessPreventionProgram
TINTCROTHERS, PLANTHEALTHCAREMANAGER
IMBeardCerf WMasterA * r6Mld- K QD - DTrw Rda nt - TLCWk% Aware WCA'sPIICprogramismanagedin-house,nosubcontracting.StaffislicensedbytheCADept.ofPesticide s Regulation. OurprogramgoesbeyondstandardchemicalapplicationsasTimhashelpedWCAdevelopan efficientIntegratedPestManagementprogramaswell.InspecftLdiepppsisandblatmentsereavailableas- w
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220Exhibit 2
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contributor in Identifyingand RJ certifiedthroughtheWildlife developingthe first ever Best AwareandWIIdIPfeTrainingMetnspnentPracticesoldelines.for Institute.
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221Exhibit 2
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222Exhibit 2
SPECIALIZEDSAFETYTRAINING
OurISACertifiedTreeWorkersgothroughspecializedtestingthatprovestheyerecompetenttoworkintressinasalemonoor tintprotectsthemselvesaswellasthegeneralpublic.WealsoquallrouremployeestooparWoinasafeendefficientmeaner thatmastsandexceedstheindustrystandards,theseprogramsareWCAWilled LevalITreeTrimmer.WCAQuafedLevel7 TreeTrimmer,WCAQualifiedLevel3TreeTrimmer.WCAduelifiedBigBoomOperator,WCAQualfiedLeaderOperator,WCA QuolftdRoll-Offdiver.WealsoqualifyelldriversthatoperateourvehiclesbyconductingZdrivingtestandenteringtheminto theColifornieOlctilpullprogramthatmonitorstheirdrivingrecordtoens aagedrivingoperators~
SAFETYTRAININGPROGRAMS
Job Conductedeach workday. Soy Teeoo-A10personcommitteethatreviews-and discussessafetyprocedures,proWsmsandincentives.
WmddyTedgate- Meetingsheldfor eachcrew.
I* ry 8) ems pMEWiso- Integralp
g
toWCKs
Onthe Jeh Trd nl Nowen
overalla * program.
iloyeesareassigneda"buddy
withexperience to assist them.
Ludard0pTrdit'- Continuedtrainingandstudyutilizing
theCrowleaderHareStudyProgram,evailoWethroughtlmYid Treihi- Programinductedare ProfessionalTree Care,QectricelHazards,AerialRescue,ChipperSafety,Chain TreeCaraIndustryAssociation(1'CIA).
SawSafetyendPruningTechnique. Videnpresentations in Cwdhcffdm Tra g- Continuedstudysessionsareheldin cooperation with TreeCareIndustryAssociation(TCIA),
properetionfortheInternationalSocietyofArboriculture
CortificationPragrems'
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223Exhibit 2
WestCoastArboristsunderstandsthechallengethatmanycitiesface toreducethecostofIranmaintenanceservices,whileincreasingthe levelofperformance.LM!zingourservicesasavaluable.cost-
effectiveresource,citiesareabletoprovidebetterservicestotheir G, community.Thesecontractscoverarangeofservicesfromproviding emergencyresponsetomaintainingtheAgency'sentireurbanforia SINCE129
o
WCAperform various tree maintenance services for ANNUALBUDGET:12130,000 the City. TheCityis currently an a 3 year CONTACT-JoeGarda.MarentmmarceSupervisor maintenance cycle whichIncludes major art ariels, ADDRESS:l2'700NorwalkBlvd.Norwalk,CA00650 eFINIMu residentialareas, pants. andfacilities. WCAmaintains PHONE(5B2)929-5511 r ' alltree maintenance records in ArborAccese. EMAILjgarciaCdnorwaksa.us CITYOFWHITTIER-SINCE2005
VA performs various tree maintenance services for & NAUALBUDGET,,$350,000 the Cityand maintains the work records for 22,023 CONTACT:WayneMcHurney,TreeMaintenance5upv. p city ownedtree sks includingparkway,parks, ADORES&13230PeenSt. Whittier,CA90602 1111CHes. TheCityofWhitheris currentlyan a 5 year PHONE(582)484-3375 gridtrim maintenance cycle. Emergencyresponse is EMAILwmcurneyAdtyofwhittir,org iSq elmprovided.SqI
COUNTYOFLOSANGELES-SINCE2010
O " D"
WCAtams nearly 25,000,tress of the county' s- ANNUALBURET:14i,390.000 500.000 tree population annually.Weelse perform CONTACT:NathanIndwell,TreeSuperintendent tree ranovols andtree planting on an es- needled ADDRESS:38126N.SierraHighway,Palmdale,CA93550 k
bask. Partof our workraprirements includepalm PHONE(B61)974-7173x.257 tree inspection andbird nesting inspections as workis E L nbirdwellidpwaacountygov performed.
CITYOFTBAPLECITY- SINCE2002
T r WCAparforna tree maintenance in severalareas Upl,B1IOGET: 260,0001 # 1 ar tnMng bbck& median trails, facilitiesandparks. CONTACT:SteveLawson,.Parks6Rec.
Thefocustrees are an an annualmaintenance cycle.
ADDRESS:8701LesTunas,TempleCity,CA01780WCAassistedthe Cityin developinga MasterPlanfar PHONE:(826)285-217I the urban forest In2012the BPSinvantorywas
EMAIL: siawsonLetomplecity.usupdatedto reflectthecircumstantialchanges effectedbythestormdamagein2011
CITYOFSANTAFESPRINGS- SINE 2006'
WCAprrbrms various tree ma ntemenca services for ANNUALBUDGET:$380.090 the City, The Cityis currently an a 3 year CONTACT:EricBarone rFESaMM040
maintenance cycle which includes majdir arterials, ADDRESS:12638EmmonsWay,SantaFeSprings,CA50670 S 7A residerrtial areas, parks, and fociphes. WCA PHONE(562)888-0511 maintains ellto maintenance records in b 11.:ericbarordagantefespring&org ArborAccess. Emergencyresponse is also provided.
224Exhibit 2
EXPERIENCE- CURRENTCALIFURNIACMES/CDUHTIESUNDERCONTRACTWITHWCA ffly' Flamas CRYOFTULARE
E CRYOFRIALTO Cliff'OFTOOK'
RINTRIOIE Cff OFRIVERNOE COYOFUMN99Y
MY OFNOMAD CRYOFURANO'
CITYOFROSEYILLE CSTYOF1rMw
MY OFSApNINM CRYff VICTORMSIE
aTYOFSANmunig CITYOFV1SAIU
fE CRYOFSANOIEBO CITYIFIBM
E CRYOFSANOOUS CITYOFiNILNOT
BEACH CRYOFSANFBWM CITYOFiNERMINA
HILLS CRYOFSANGAVEL CiTYOFIESTHOLLYMOD
INUCEt CRYOFSANJACINCO CITYOFIESTSACRAMENTO
RE CRYOFSACM CRYDFWMER
CRYOFSANJUANCAPISCRANO CITYOFVwOLANO
CRYOFSACNARCOS CRYOFYOROALNOA
CRYOFSANRATICNI OFMAEOA
CITYOFSWAANA CQBNTYOFCOLUSA
CSTYOFSANTAMOM COUNTYOFCONiRACOSTA
Of OFSANTACM COUP OFFRESNO
G°I COYOF&WAFESPINM COUIPOFLOSARMES
CITY CRYOFSANTANARIA COUNiYOFNONTmY
C,0
Y OFLWA MWO COM OFORAL'
AP IA CONY OFRIVF111OEC of CFI EE' COUNTYOFSANORKANO COOYYOFCH E COLI)OYOiSANONTO
CRY CRR IAINIIYOFSANJOAOCRN
STYOFCL COIPPOFWARE
CRYOFCOACHELLA CAUiRYOFY010
Cm OFCONCARO TUMOFATHEUM
CRYOFCORONA THINOFLOSBATOS
CRYOFCORONANI
CRYOFCOSTANFBA
COYOFCOYRU .
COYOFCULVIERCOY
CUTYOFOANAPOW
CRYOFDAIS
CRYOFBELNAR
Cm OFOWND BAR CP
CITYOFDIUME CI
CRYOFELCWN CITY
CRYOFELCEM CRYOFOAKLEYY
COYOFENCIVRAS CityMe, v
COYOFRLLMORE CITY ON
CRYOFFONTMA, imrOFORANGE
CRYOFFRESNO CRYOFOXNAtIO
CRYOFFUlLERiCNI CRYOFPALOALTO
CRYIFBAtOENBROME
OFPARAMOUNT
C
CRYOFPERRIS
CRYOFGAROENA
COYOFULCIOY
CRYOFPlACClF1A
CRY
CRYOF6'tFNOALE
OFPLEASANi0l1
CRYOFN.ENOORA
CRY PONOCIA
CRYOFREEIRMILLE
CRYOFNLUVCINgMBEACH CRYOFPORt-
cnY OFIMPERIAL50 CRYOFRANCHOPNZ YEW
225Exhibit 2
RRMEXPEMENCE
Listedhelowarecurrentcontracts(inalphabeticalorder)valuedoverS1.0011109annually.
Cit of Anebeimlaraheim Utilities Since200? 1.750.DD0.OD Cit ofBever Hills Bursa2000
Cit of Corona Since2010 S 1.300.900.00
Cit of i' dlertann 19 1.000,0AA:1
CitofGlendale Since2015 S I,056.000.00
CityofHuntinton Beach I Since2008 1,001: 01100
Ck of lone:Beach Since2016 1,200,000.00
CR PaloAb Sires2016 1,400,000.000, 000.00
Cit of Sacramento Since2015' 1,000,000.110
Cit. of SonOleo Since20I5 2,000,000.00,
GatofSanta Since2015 1.082.000.00,
E
Ana
Cit ofSantaMonicaSince 2111 1.723.OQ0:00
CountofLA Since2015 4,300,000.00
Count ofOrin a Since2M3 1,800,000.00
RiversidePublicUtilities Since2018 Z000,90D.OD
EXPERIENCEISIZE9 SCOPE)
Thereforen= listedaboveareallcurrentcontractsdisplayingWe capabbestoprovidethenecenarymanpower. experience,andequipmenttomanageprestigiousCitiesandCountiesft requireahadghtenedlevelofattention. expectationandneedincomparisontoothertypesofcustomers(i.e.,H04 commercialandresidential). i t IRc xye ies, i h r efrxrmrrriayaefltsendpracWA hk dwwtpwAkieeAWia/ mvkv msrx6-c rrtrec
1 226Exhibit 2
PRUNECLARIM111110 r
IM PrnmtGridtrueprimingisbasedonpruningInpro-designed
d i icta, or grids on a at cycle andinaldes alltrees( small. t , medium andla = stae wailInclude n ,d Pro g
crown raising, and crown clewingin ecwrda w6 thestandards, setforthbytheInternationalSocietyofArboripdturePruning
Standards(bestIbnegamentPractices)anddial haveanmorethan 25%ofthe Ilvefdiegs eearonredat a given claw.
PST runkSkkWng
FW'I Prend0va Runducdon-Crownreducdm is perfanmdwhm PdmtrueAWnj conalmoftheremovotofdeadfrondeaaur novodfgon wft the crown of a herdoWtras are suchthat the only). at the point makecontactwiththetwi without angretree needsto bereduced.Afullprune is recomm o ndBdwhen damptotielivet w* flanua theprimaryoNectiveIntomdntalnorImprovetreehealthand
strum, endincludes pruning to reduce overelcanopy mess and hartFruninj ma oft woodwdoht Treesthat are deaM for a fdhprune shell Westronglyrecommendagainstanyrootpruning,however,should havean than 2596of the IlyaWageremovedit a$ Angmen' theAguncyelecttoproco4 werecommendthatitbedoneon Rolloclever thenStimesthedunnoterofthefrock. Rootswillbe AServiceRequestPruneIncludes tree i services an
amma P to a ofapproxirtely12Inchesbydaenlydicing
tree( s) es orderedbyGoaAgencyAtbau4stor
dmoh ulnarude. ao- ad not tot or vibrate the rent
causingdellignoted
desi. Pruningmay Includestructural Priming.crown raising, fie totheVOLTheesccevatedarsewMlbeleckfilladwith
crown or pruningto red rests a the crown. Wahever ' fie anddebriswillbehaileda".
wet type is bytheiAgency,pig willbeperfn-maulin
accordance
Opurntimwiththe s endirds at bythe k* u t WSociety TreeRemoval of ArbariauNe,ra ProninpStar rols andthe Est Maraganuewt W(flt a mMlrt of4Bhoursadvancedrtstica.WCAwallimiorrrs Pmcft TreelwruO# GidddimILWork humthe UndergroundSsrtdmMeet(USA)ofthelocationofworkforthe Amy may reprad mdtilization fromone tree dh tore or w1hin purposeofldantiMuanyandellbtifitylnes, 7he.removal the Agency. processconsistsoflowaringWeddicetdyontothegroundto preventmyhardscapsdamage. Immediatelyfolowingthe
UNIMMU removal,thestampwillbegrounddawn:Iforderedtodoanond Treesde Warfare or havethe pds ty ofinterferingwGMtthsutility withproperVISAaotifioation.
Ines willIn trimmedIn a momeer to acb1ma- the m** W rhorences as specifiedark In accordance withthe Calfwdo PublicUtilities Tru Faft Commiutslomhtis air goalto protect the ascent healthand Wecan.replacetreesthathavebeenremoved!andplantnewtrans condition ofto tree andto maintain Its symmetry anddirectgrowth IneccordamdwithopmIlcetlons. Wearepwaredfluenciolyand awayfrom the utility Ives. lohisticelytowire andpe'daseselectedtreespin fortree punting. Ataminkmmof4$hmirsinadvencawewillInformSmallTara Cora UndergroundSirvlceAlertplSA)ofthelocationofworkdeartheProperpruning modca a u'inp4haeai s ofthe tree' a life 'R payee ofW nianyandofutiltyWL Awel-trained
an mangyin the future,andcreete a safer, more beeutiful.healthy. pig to" wllperlemtthesalpreparationwindInstallationof easpto- meintsin tree. Webelievethat tree care that is the traa purfonmedWHY will effect Its dam, andHespan.Our
specializedsmel tree core consists of carithedpersonnel TreeWalvingtrainedto perform the fuloOng: Treewaterbugwillbeporformadbyafoil-tirrne,WCAteammemberSelectivestructuralpruning Remove!of dwd Interfering,a* ad/or brelmnWe onvoriansroutes,whenrewiagedbytheAgency.Thistearswill Pre-con timingthe voter retention Irwinbuiltaroundthe tree alsoberesponsibleforreportingspecialcareneedstotheanal Stakingor re- atddng treecamfawn.Thiscouldincludereportingwoods,sailthatban A4ustheptrueflak
14o tgtrunkpntactors
Weed t
227Exhibit 2
EmergencyResponse PlantHealthCare
e are preparedfor emergency ids 24bows a day,7 daysa.weak ThinGrams,PlantHealthCamMang inchidmgholidays. Thetall free number is 868-kIMB-DOWN(BBB- ISABoardCertifiedMasterArborist E-7655BUM 549-2369). Thisnumber willbeprovidedto the Agency,Polira OPRanalifiedPastCentralApplicator #145321 Oepartment.andlor Rm Depettnam.Ouremergency response team • OAlCategoryB6D will do what is necessary to render the hazardoustree ar traee- OurPHCprogrionmanagedbyTimgeesheyondstandardchemical relatedcondition safe untilthe followingworkday, applications. WehavedevelopedanefficientIntegratedPast ManagementProgram(IPM)thatrues diagnosisbefore
Crew Rental
treatment. WCAisstaffedwithhomedapplicatorsandadvisors
that
Dueto our vast amount of ra r includingour specialty
are envir nentallyconsciousaswallascompliantwiththe
equipment andqualifiedpersonnelwe are able to oxtail our EaliforrdaDepartmentofPesticceRegulation. Thisserviceallows commitment to our customers byprav ng various miscellaneous 0provideyouwith:
Properdiagnosisbasedanon-siteinspectionwithlaboratory
sanwbces outside of the most common tree maintenance services:
testingwhennecessary
floghanging: Proactiveandpreventative rwcommendatlons that red= the Holidaylight installation amountofpotentialpestanddiseaseissues Changingbellperklights folow-upevaluationstoensurethattherecommended Misc.use of aerialtowers andcram( includingequipment
treatmentsremeltinahealthyandbalancedurban#west
rental)
Creamreduction ShotHaleBorer
Crownrestoration TheyPolypbegousShotHoleBorer(PSHB)isanewpastin SouthernCalifornia. Thisboringheadsdrillsintotreesandbrings Arberist Reports withItapathogenicfungus(fuarAwanfa ea),aswallasother Wehavefull-time CertifiedArboristson staffthat can prepare fungalspecies. Whenheavilyinfested,theresultingFuw'um detectedarbor ist* reports, tree evaluations andsite inspections cauessthedeclineanddeathoftrees. Over120differenttree booedan your spew heeds, Reportingcan begeneratedfor one speciesareaffectedinSouthernCie andover30
tree or an mire suction and Is handledan a case- by-coso basis. mproductnrahostsare ofhighconcern. Astree can professlunals.-we-havearesponsibilitytounderstandendmport- Am weseeatreywearewarkingoninfestedwithPSHB.
ABILITYM ACQUIRE, PURCHASE0 STAGETREES
Citieserectthehighestqualityofnowtrees,provenvarietiesandanorganizationwiththeknmvledgeandskillstoprovidethermwiththe latestandmostreliableinformationevaelablemlated'totreeplanting,Bymeetingtheseexpectations,we'reabhntocardributatothesuss ofreforestationproectswithincornmuniftInordertocompletesuccessfultreeplantingprograms,citiescanrelyonustolocate,acquire andpurchasedifferenttreespecies.
AspartofourCorporateCapability.arearefinanciallyabletopurchaselargequantitiesoftreesforplantingprojects.Beingfamiliarwith over50nurseriesInCalifornia.allows.ustoobtainthebesttreeavailablefromabroadandplentifulstock.Theprocessbywhichweobtain treesisquite:simple:first,weutihzeourdatabaseofmiseries,andcontactseveralofthemrequestingspecifictreeswiththeirprices.
Uponlocatingtheaveilebilityoft on, wethanperform8
he P111-11WOEbUnat the nursery. VWentime is ofthe a r°. c+au w" '°• l01OAN
essanca; nurseries willprovide us withphotes either by mmmis W eau h er ova& ma7orbya-mailforourreview.Oncethebusare
purchased.ad' depadingan the size ofthe projectwe t
havethemdeliveredtoourfacilityinPlaceriia.Brea,or
ifpossible,atastagingareawithintheCityofAgency.It
through this, process that we haveplantedan average
r
off4.000treesforallofourcustomerseachyearduring
the pastthree years.
aa+ sess v °'" ea tau '° uscw ."°' n " rmN ' uw
228Exhibit 2
Customer ServiceDeportment AllPICAvehicles are a*
pedwithonAccidentKitshouldaV&q
As we workw& on near, the publia.we are mau M that we will happenduringtheworkday.EachkithasanInealontReparton most li sly be11he$rst person the publiccontacts. ft havea fug- WdentReport,onInfuryReportpCamara,FirstAidinstructions time Cult m r ServiceIhOrbnant with eachCustomerSerra andprotocolforwntiongthecamrateoffice.Aconiputorized Re entative( CSIDtrainedInaddmsdq concernedresidents lagofallIncidentsh nmintainedtoincludo-thedate,tansof endbystanders. occurrence,location,problemandactiontobetaksntamnt theretoorreasoningforParr-actton.
COMP1811ftDDwep Resolution AnyallvlttosfoundbytheAgpncytobeunamepteelewillbeShouldthere beanypropertydone, we adwe to speaof'c rect9Redimadistaly.AllWar mmplatatswillbeAaW or
procedures to resolve dohprom, TheFatwi m an the lobsite will resolvedwithin twentyfdur( 4)hoursoftheaacurrem Wehere notify the resident anddo Inspectoranmedietoly. termsspacffWlyuslOWforwing damagetoproperties,both If the resident le not ethome, then we will lean a MCAcardwith privoteendpubic.Throughourconuntsfetlonsystem,wehavethe t abilitytomatch altherofthis tonniandhavethemrespond
Instructions to nail our ClaaosCoordinatorIn our aurprete Am Immedletelytotheai7teforproperrepair.WeprideourselvesonTheAnte godot.sockworkatte is to leavethe property in the prof slarmlwrrlaninshiptoavohfdresstypesoflnddwtL am condition as Were we oftW it. Wewillnoo the Agency hawovar,shaaldoneoccur,wetakeailappropriatemmsuresto Rgnsmotive Immediatelyupon damepoofpersonalproperty resohrethenomortoatimelyandrMcientmormor, kwSudingploneforcorrectivemeewrestotalepleaswithin40
hours.
r
OA1U OF O .
Wed ai rr, riadtow tlaettyafB lfi istr p, e+ itiie rF tit l r i1k Jtl m o teA Ctr e r rlefl itma st, as rm t rsoa+ Netritl so d iytl rp iemcyerder
ne>' vi ofb r aar,, la/ets emenn: gr irJt tlCr isorylarua / a ' set d#` t m
kM** fiffffttamwet& aV7NV=, to ** it Bird A*& AM Aw& mmelso rayt mtr$ tj& 7d{ rto= L** W&gmfttrw mv fawaWivyka
S a ar iofr lmmrrtto* hW& pl iso / MR=* R N
F
r
Pitrlck rney.Prtaidint 912120
229Exhibit 2
r ,
IMPLEMENTATIONPLAN ModulkeofWork
Toensure the quality ofworkandthe levelof service expected TheAreaManagerisresponsibleforschedulingworkwhichshall WCAabides bya well-definedquality controlOn that confam to the Apnny`s schedule of performance. % recommend incorporates the folkWng: equaldistributionofwokthroughoutthecourseofthefiscalyear.
Certifiedpersonnel Notificationswillbeprovidedtoresidentsprinttotlnostartof Safety pruningaparationsinsaidareaAllworkwillheperformedina Pruningspecifications andguidelines cooperativemannerastomumtheleastamountofinterferenceor Soundequipment Incomrenianct
Publicrelati[ns
Propertraffic central Pefdiclfotificn
Stote=of-the- art c ommunicationn systarns UponAgencystaffapproval.WCAwillpostadoerherdnotice priortocommencementofgridpruning(within24-48hmn). After Sp 4ednndinweekends oW oveninp con be treeOntirglLdoorhangarswillheprovidedtoresidents airrangedin o= vrdxm with the AgnWB specilliceloaL instructingthemonthepropercarefortheirnewlypantedtree. for morecomprehensiveoutreachwecanalsosubmitapress
release for specialpr4o* orroutinemaintenance.TheAgency AreaManager: GinzalinRegalade maymadlify,theproceduresandmaterialstowhichvianatify iSACertification#:WE-9952AT residents.
TheprojectAreaMenderwillhethecentralpointofcoda and
will work cooperatively withAgencystaff,localresidents and CommuinlationSystems businessowners, etc. TheAreaMangerwillprovide overallfield Ouruseofmodernandreliablecommunicationsystemsaffectour supecro ionendcrew me gemenf._ daily.jobperformanr a byincreadngour effir en* Ma;omente.nd.
FieldPersonnelutilizesmartplanesasbothnavigationaland
DailyManagement communicationdevicesInthefieldSmartplumesheveproventobe Dailymanagement quillconsist of.butnot belimitedto:
aconvenientmadhodtoinputdataasrelatedto treeInventories, Emailnotification complete with location, crew, wquoment deifyworkrecords.timeshoets.photos,andbillinginformation:
type, andwork description eliminatingtheneedtohandwritedataandImprovingcrostornar Supervisecrew persohmalto Insure proper pruning
servicebyminimizingresponsetime.
standards are followedIn a sofa manner Pwift andUmmsingTrafficcontrolsetup andmaintenance ofwork zhme WCA procureaCityBusinessUmaseasnecessaryandany'no-fmasreworkarea is eft free of debrisat the endof shift fee"permitspriortocommencementofwork. Permits(Le.Maintainrecordof workcompletedeachday enaroachmennt,trafficcontrol,etc.)requiringfeaswillbecharged Maintaingoodpublic rcatrons at alltimes
backtotheAgency.ProvideimmediatenotficationtoAgencyInspectorupon damageofpersonalproperty Includinga plan for corrective 9ht-any
measures to take place within 48hours Allworkwillbeperformedinthepublicright-of-way. Employeeswill not utilize private property for oaf% breaksorORotherreasonor WeeklyManagement usewaterorelectricityfromsuchpropertywithoutpriorwritten Weeklymanapment willconsist of,but is not limitedto: permissionofOwner.
Meeklyinspectionofworkcompleted
Meetwiththe Agencyto review workschedule andprogress Caution andC llotarel Work Insurestandards of pruning are performedin accordance WCAwillginsrighttooperatewithintheprojecttotheAgency with Agencyspecifications workersand/othercontractors.utilitycompanies,streetsweepers, Maintainopen communication withthe AgencyInspector and andothersasneededinacooperativeefforttominimize field crew interference in dailyoperations.
230Exhibit 2
WORKFLOW E.
slid Pru R wdmrt(30dri comoldw
k reai retelred CSRws a orda' S
6 e" dint the es+derIpiraraCuafialnar et 10Jl e r rk the I Y t" die ww brewperfenaawork
n ubeiltam
ed
propaneinroi
C- s : xit su.,i:.. a % is:.•..•.. N*` '+ f'' r..'. ._... ri 'loftLG41A
v,.
17aNSAamearomtl
erka
rwrseldaearf°
r
i
a-;
IfbrfkrrmaagaCeat raaaeertred a"e
0worukdrae•
toB r., N:h$''°
t"
rwdar: h;ei4I"w•am.llm
AromaNk per
V
Aram
at Foreaireswmplelet work co rdowwworkorder.
work A Inay8 Crewparhewmwork as der 9 hn, roullwm# mina mane ihaii wihmda pe p sieathsroioe
fbwohwt05dayfomOdoid
rkr t rlmeWed CMpreperuaorkorder ERR workerowto
hrom.Cwpnaer It eedara trao(Wrorn Arse to ll hspinsnmthe N= 7 r wart hdermtheApnay
ewpw erreaaimk Qwnpleleawmk lakueaworfcarder:
tltt III paewe 8
door then P praperaahwal
Same 05 dav
regveai reeahwd CIRmuds aworkorder 8 eokedidea the rkordarEaplranfiomhomer pbes m Arf work8 the A' enBy to theForemwn Foremen Forawencwepla C l.d workardor,
peMC ess CiwperFaraiawork order( Fhwenlary; i p
teen tares in A'epw' tnraloe
ENWIM Ihw t( t HmmRapnnt 24HmrComodw
icemon-no Superribar
rY48s. f 6yuCrew eafat
Geaa
pp1e(n
adhe
endr apu' . r cid Cif rder:
aaei IC= I* debts waark 6hrrandnrry; a
work w= In prepares ae
231Exhibit 2
EMERGENCY SAMPLEPLANTINGDOORHANGER
HELP
M,E ,,
i t
q
once( 1) per week
during
nths.
twice( 2) per week
during warm
months.
s change or adjust
the stakes.
f of weeds and
other plants.
e' l
1 adjust the water
bas) n or mulch
the
f i
PUiMXA if fQ'°e/1
Services Provided By:
west Cong A bonUL V C. 2'2006 Via Burtpis St., Aft", . CA 9ZM I 800, 521. 3714
232Exhibit 2
ProjectSiteMaintenance 4
Worksite A beleftfineof atdoadofeachworkday,We
willnotmerge anmke.duskoror odoraircataiemeatein
quantitiethatviolatetheropletionsafanylegallyeonstttuted autheritY.
ProtectionofPublicandPriveteProperty
WCAwigprevikallssfetymeasuresrecownytopvw thepublic w
eraswaterwithintheworkarea..Wewillmaintaingoadpubbc
relationsatelltie. Thewankwigbeconductedinamonnrwhich
W causethelost Murbenpa.
Publictonvordenceend.Suety
WCAYA comoy with any endalllocalsated= ftl andnoiselevel rules replotion& andw* ac swhichapplytoanyvatt
perfihrainink contractedarse. Mwarkwillcan '
by&ODpmorishprectmibytheAgency
Excludingamerpencyswim.
i y
a
x
Q,
i,
4"
r y
f r ul e gbesetwp ec dence tti the"WoI AraaTi lic
eft 1CH)anl Sto of CWft*'* MaalofTrefgckniftlea
WT RncyTr& kd,W Dpnft W11M60, . .
anape 1kwwof ova s anhipark Evghy
ijakhlwi+oherhhih hhes' an a.
pig ess hi! I fit••
n.
w
a .. s) il.
ad. 7!wige F >
x
4. YIi1lI R 1'8fllci8 b I IN
r. ! tv
4 a
h irne of figtypn a li# ae lit , iaive0grres weal
r
oe'. 11* 0vb 2 :'^ r•
0 01
I i i + x :
a:. ' Y•.M, r .
r'
kxAv , a " w'1!;
g '
j, , 5" yr ' t r '
y`ry{' 6
S J w..'''
1.. .., .. .''•, -'+
w'. b,?, rwY 1, v
6ff ' r m p. l;.: ,'.
yi ' r,.,. d•' k.,'
s.,
r ` ,
233Exhibit 2
P
i
bodernRootconsistingof
1500+ piecesofequipment.
ENIPMENT
OrmodernBeatundergoesdailyinspectionpriortousetoensureefficiencyandsafety. Allequipmentisroutinelyserviced,pointed,and detailed. Allequipmentusedduringthedurationofthispr*ctwillmeetstateandfederalsafetyrecpriremertsandhaveallup-to-date carthotions asrequired.
CHPBiennialInspectionofTerminalCertification
WehavesuccessfullybeanawardedtheCUPlermielInspectionAwardofRecognition.Thisinspectionhasassistedourcompanyin institutingseveralsafetypWams,aswellasourProveWvsMaintenanceProgramutilizedbyourin-houseflastdepartmentThe inspectionreviewsma'vehiclemaintenanceandrepairrecWxourproceduralmethodsandpoliciesforvehiclemaintenenceand aparotimaThiscertificationensuresthat ourvehiclesoperatesafely.
GED-TABMeet Solutions
CAhaspartneredwith GeeTab to provide BPSomits an all LISTSUMMARY:
vehicles andeq* montThisinvestmenthasgivenusand
our customers finefollowingbermes: Pick
7Trucks
31$
Providefaster raspanso times andmore efficient orieca 321 Hooting allowing us to servica mars customers
95` Dlower operationalcosts byoptimizing or fleetsize, 15 reducing labor,overtime, andinsurance, and DumpTrucks 181 mmiminngcostlyveV16ofrepairs
Decreasefuel ass bymonitoring Heatfuelecormmy
Bob
h
31 l:ar Ciiftsandsavinganunnecessaryfuelexpnanditures
Reduceemissions byhelpingdriversimprove their Arrowinum habitssuchas speedandidle time. andreducing told ATVs
milesdrivenwhichwillsignificantlyreduceharmful
greenhousegas emissions StumpBrInders 58
y Improvedispatchingg with houlmerbanddriving Loaders 70 directions,BPSunits helpsus to better dispatch so
RubberTrackleader
thatwecanservicemorecustomers.faster
Recoverstolen vehicles reducing liability RootPruners 2 costs whichcan bepassedan to customers Rolleff Trucks so SawM11 2
LogSkidder y
BatikNow l
Q
Brush Clippers 170JF
0 Cranes 5
ToyotaPrius 11
C
Y
16 ToyotaYmis B
FordCMC
IM- ixs ROSIM cue& W
234Exhibit 2
i
k
ARBORACCESS
Or treemanegementprogramoatsusapartfromothercomponina.
innearly2,000activeveers,ArborAccessendourmobileeppwill WityouMalymanagepoururbanforestwithsonandcanverdeom
Treeate attributesincludeJ
E ,
ocetion(utilizing-6PScoordinates),
sitecles type, and dw.featuresallowyoutoviewandedit
workhistoryrecordsendcroateworkordersdirectlyfromthefield, allfrom onrsacuredoud.
y TieInformationcontainedInkborAccaeeInOndatatlwtcandoa beRAWdirectlytoaQf3progrwn,sucheeArcYiew,fir Qeo-carp
purposesandcanamidyourAgencyinmeets9AS834
uY
U`o`
rehmnents. ArbcrAccessprovidesanunlimitedresumeof
Informationregardingyoururbanfcr=L
SOFTWMETR 1 I G
Our9 DepartmentIs basedout of our® rparefeofficeInArmheim CAVth, regionalofficesmetedthroughoutCakfaninandArisone, Eachofficehasthefifty toprovidewhwn trainingtoour
customers. Weareidsavailabletoprovidetrainingunionsan-
TM"
eiteatdaaeustnsBeSdiscratdoe. On-sitetrainingIsproventobe ARBOReffective asItprovidesawed hands-onmWance.
Wefiferpariodctreemaintenanceandmanagementworkshops
eechyear. ThemfreeworkshoparemrAladtoourcustomers
ARODRACCESSFEATURES rvgionsliyadeducateear250peoplearenmlr. Theyhaveproven to bea greatround-table aril astworNn g nkyfor the
difereotagenciestoattandanee. PresentationsareprovidedbyWCA managementstaffandcomplimentedwithW, speakersinthe
Industry. CertifiedArbarldsendTreeWorkerswhoattendare
dolor toresolvecontinuingeducationcredits(CEDs)fromthe
InternationalSocietyofArboriculture.
Thesuccessofanytitanfind,programdspndsontheproper
LISTTRACKINGSYSTEM managementofInformation. Unlimitedtelephoneand/oremail TheUstTrackingReportInArborAccassIs a usefultoolin the supportInsalableInwar technicalquestionsendaddstaffInthe me spawnt of Incomingwank. Thisreport shvm 6otlrparties useoftheseftweresystem. Softwaretrainingandsupportis to t* 6 speclRc jobsas theyere orderedbythe Agency. includedinthecostassociatedwithtieInventorydatacollection.
ProperweofthissystemanaleatheAgencyandWCAtotrack
the completion ofworkthat is ordered
NUMMEMEW
235Exhibit 2
BILLING SAMPLE
WCA.'Inc. operates a modern invoicingsystem that is updatedon a SPECIESFREQUENCYREPORT dailybasis. ProgressbillingswillbesubmittedtotheCustomersan a lil-wooklybasis,unless otherwise requested. Invoiceswillreflect Botanical C.O.M.Mon an amount complete for the billingperiod,alongwith a year- to- date Magnoa®grandinora SOUTHERN MAGN" 4, 255, Ums par& 4* a CHIMSE ELM
totalfor that jab. EachWilingwill include a listingof completedwork 3, 857 a ind1cu OWE WATLE 2, 630
byaddress,truespecies,workperfumedandappropriatedata
nft m1mo0* 118 JJACARAMAacceptableto thecustomer. Thisinformationwillbesuppliedin armnomm cam0ma 2, 4567
hardcopyandimmediately11CCEssibleanArborkcass. Jobbalances Ama canarlaWs ICAWMYMAW 1* 4 1,401f
La
a
9 n
t r
7 reflectingthepercentofcompletionforeachjabcanbeviewedon kborAccess.
nearH= Y 0"
Coan" oft wamni( oides fCAIWOMOOD 90S
SAMPLEMANAGEMENTTOOLS hM, - C—Cfferttz * SSANE BOX
DETAILEDTREESITECHARACHTERISTICS
Meer 24, 3W
ai eu
Theadvancedtechnologyprovides a valuable toolto urban forestry 11rint Tr
professionalsbydisplayingspecific tree. site information alongwith TheSpeciesFrequencyreportcanassistyourAgencyin
a representative photographofthe species type anda
identifyingthetreepopulationwithintheurbanforest. Thisrecommendedmaintenance Odd.ArborAccess'buift-in quality typeofinformationis valuableintheeventofaninsect control features assist in data accuracy. As maintenance is infestation,deadlydisuse,orevenestimatingfutureperformed.theworkhistoryisupdatedandaccompaniedwithbi- weekly invoices. Thisprocess eliminates the needfor dual-inputting maintenancecosts. Inaddition,an analysiscanbe
evaluate tperformedandhelpskeepthe tree inventorycurrent and accurate, to hehistoryoftheperformanceofa
particularspecieswithinyourAgency.
MAINTENANCERECORDS DETAILEDREPORTINGOPTIONS
Accuratemaliftenimm records for eachlocationoftentimes can Inve* ry DBHFrequency assist the-Agency.with.habilityclaims.- Mointaininga detailedhistory, ViewInvoices Frequency of the workperformedat eachlocationdemonstratesgoodfaithIn 0 JobBalances DistrictFrequency
preserving Its urban forest It is imperative that work requests are GreenWaste SpeciesFrequency(m* oabove) pulledfrom the system prior to the workbeingperformed. WorkHistory AllToesat anAddress otherwise Inventoryaccuracy is not guaranteed. WorkTypebyDistrict . EstimatedTreeValue 236Exhibit 2
CITY
INVEN, TDR- Y
SAMUNG
M MOM
y WOW
40 ij
xv
Rep
g tlop
i
nt
v1 o
I t
237Exhibit 2
CITYOFNATIONALCITY
INVENTORYOVERVIEW
IMPORU,NCEOFA TREE avows"'*
INVENMRY SAMSUNG
It is important to accurately
identify the trees within an
agency' s urban forest. Knowing e,
the quantities; locations,
species types, and health
c pis
conditions of these essential
assets within the community
providesthefoundationfor
which annual work planMd,. jA
budgets are based. T to,
having an inventory is to
the iRpplementation of 1 q
a
effective tree care program.
Q t9
F'
As of June 15, 2020 data In. n
ArborAccess determined that
the City of National City
consistedof 11,436 city-owned
tree sites located throughout
streets parks and clty- owned
G
oo
facilitieswhile including data
collection of stumps and vacantf
1 sites.* Exarnples of some of the
information collected for each
tree site is listed below:
i
4P
t
11 j
i
hn1y I
i
l
238Exhibit 2
0 ESTVALUE $ 21131940
TREES STUMPS P Tl CSITES
315 190 1,944
TOP10SPECIIES
Ti rl P
f1, iss 112, o21, s2aoo 49. ga"syap= roms m
w _ robwlau MEXiCAN RAC! PALM 1 s42 & 10%' 0451, 720. 00 w+rpwr stop so pndioid CJIRR0TW04D
µ
532 s. 7-9%, 11, 260, 020. 00'
Atroa rpuE5 r
IERNPINE 471 B. 05' 16 $1, 203, W. 00
LophodBmcn o damn 6RsNANE BOX I
j
4MIA i $ M, 740. 00
2orsnds aimoeifai 2ACARANDA 3o 3. 6296 " 72, 450A0
IMdakm d bine LEMON 5GITLrERUSNf294 3. 16% # 744, 740. 00 bate CRAPE NVRTLA 283' 3A49i, $ 22 SA20. 00 & a4- ro 11. 591i Uk t PWWf4glk CNINPSE ELM 274 2. p5% # 347, 44LOD 3 1 ion.pma oidwy4m , ORNAMENTAL PEAR 2s612. s 2121i0.
YO
a..,...
ORf er OTR$ R'
6= 1
592 49. 26"Jir 11e5L7, 390A0 4. 20'
wi.t61 6. 7p1L
w Tow#1!ali ..
1 2
239Exhibit 2
1 DOH HEIGHT
13- 16
0- 4
19. 24
25- 30 45- 60
7- 12 1
e
i i r
0- 6
1- 1s
QBH( Mcbp) Tot ii*` Wit.
t
elp ( feet) Toles PCLa
0- 6 2, 936 31. 56% 13.. ..... . 4, 385 4? 14%
742
19- 18 2, 53 s 1,51418.
28962ssa2a519-
24 360
2.2a
s°
i
190 .__ _ .._..
0._...,.
31+ 134 144' i6 TaftiTees 19,392j 1009b
Toni Tram 9, 302 100Rb
1 3 wmawmwmwmmwmwwmi
240Exhibit 2
R NE MIOU',,T1 TRI
RoutineTrimAridTrimME Treesasof8/'15/28)
Regardlessof the amountof a community's tree managemerrrtbudget,systemictree maintenance reducescoatsIn the longterm. As of 511W20them are 5,881 tressIdentifiedarxi recommendedfor routine trimming. Systematictreemaintenanceprogramsreducetheneeidfor mernargencI maintenance, help%= Ilabllhy problems( suchas dead or weak branches), reduce tree mortalityandimprove urban and Heal value over the longterm.
A systematictreemaintenanceprogramis comprisedof pre-designedtrimminggridswhichare InspectedandtrimmedasneededIntheirentiretyon a setschedule. Bytrimmingban onthe street, regardIG•ofaloe,everyresidentinthatcommunityfeelsthattheyhavereceiveda service for their tax dollars. At the sarne time, the safety and welfare of the communityunity will be.enhanced.
Petrol . Diseasedor Declining (155Trees as of 1 ' 0) These155trees are•in declinedueto environmentalconditions,peals,diseaseProblems, ordueto naturalsenescence.At thedim ofdatacollectiontheseban hadnotreachedthe pointwhere removalwasnecessary. insomecases, theconditionofthesetreesmaybeImprovedbytrimming, watering,or Improvedby applicationof plant healthcare practices. It Isrecommendedthatthese beesgothrougha processofdiseaseIdentiflcetlanandtreatmentprescriptionandbe patrolledto determine the timing of tree nt and application, or when removal is warranted.
Trim - PoorlyStructured (2,335Treesesof0l15I 0)
These2,335trees has beenidentifiedto havestructunddefectsthatcanbe improved.through structuralpruning..Thesedefectscan includecodominantstemtreesrequiringreductioncatsto reduce competition. This can also include and weight reduction cuts to Improve structure.
YoungTree Maintenance (005 Trees as of RAW, 0)
Newlyplantedtreesthathavenotbeenestablishedor hadstakesremovedyet. Thesetreesneed monitoring, watering, re- staking, fertilizing. and- structural pruning. This typlc,* ends* when the stakesarenolongerneededandtheyworktypeshouldbetransltionedtoaroutine/gridtrim. 4 nummmummomAumn
241Exhibit 2
I?EMOVAIILS/ INSPECTION
Removal - Stump Removal - Seedlingor Volunteer
190Sys as of 6/ 15/20) 103Treesasof6/ 15/20) .
Trees meting this criteria were not
Removal - Diseasedor Dechifin Intentionallyplantedby homeowners, grown g from seeds, from surrounding trees, or from
113Trees as of 6/ 15/20)
bird droppings.
18 tress were Identified as diseased or declining
RemnamemmloWn Tam{ i Pct
natural declined, including decline due to
and are failing due to infestations, disease or
z tax
sermw" nee.
o sox
Removal - DeadTree 4
77Treesillsof6/15/20)
Bead trees are identifief.0by tiielr sloes as
where the species can : crrr4 ,.! f' ra
not Identifiable theyarwpallad"' De"'ai4': 0 1 oo x
dead trees should be i Wfor imrned ai-o.o3x
a
removal These can also be considered for set si• 2sx
pressr- vatlon to create suitable wildlife habitat 2, 335 2OA2% where conditions for public satietyare not a t, 17. o_.
N.
i. ._ . ._ -... ..._ ... .
ox
concern.
r.:
Removal - PoorlyStructured I Lss l. asx
N_. _
w.
18Trees as of 6/ 15/2 } a o
These 18 trees are trees that have otentieii m....._._ P IY a 0. 06% hazardous cranks or structural problems that
present above- normal safety concerns, and the
3' a. o3x
potential for tree failure cannot be mitigated 4 7 2 002% through pruning. Other examples of poorly T rTn 11AW1100% structured trees have included bark located in a
primarybranch attachment which greatly increases
the potentialfor limb failurein the future.
5 242Exhibit 2
I
VkAVk , HL
PLANTING
TreePlaidno %944 Trees as of-6/ 15/ 0)
Basedon the abda providedby the City,WCA, Inc.Identified1,944 vacant sitesthat aresuitable for planting. 'IdentificationofvacantsitesduringtheInventorycollectionallowstheCitytoexpend the urbanforestandmayassistin obtainingadditionalgrantfiunding. Vacant site9stingsfromthe Inventorycanbegeneratedto createworkhatsandutilizedforbudgetprojections. Theplanting . piety
h
lhtuldbereferencedwhendeterminingthe appropriatespeciesto plantbasedonthe ,right
CONCLUSION
The inventory data collected suggests the following ft9mad maintenance reaommendstione which should be s
vaaneshn,& W WA
verified by City staff and then.used to determine:
Fair
1. Grid trim schedule to prune all trees on a
routine cycle( Most cities average between 2 to
4 yews).
2. Initiate inspection' and mitigation for trees
identMedto needmonitoringfor diseaseor
decline.
S. Removal Plan( evaluate WCA, Inc.
recommendations and determine the City's
priorities fbr phased removals or other
00 mitigation).
4. Planting Plan to fiH vacant sites: Tamj tt.
c ow 4, 2W
f
37. 04%
4, 512 3l. M9P,
f 1t1 & v/ 3 omxbved to be a mtnbl9! for
AAW bUd9W tend nmgfbeVfar> rae
3litl' 3.+
liaiAfslti et'& W VIA Ina wn awaft ftms
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8 243Exhibit 2
EXHIBIT " B"
CPI REQUEST LETTER
s
244Exhibit 2
Tree Care Professionals ServingCommunitiesrho Care About 7Yees www. WCAINC. com May 20, '
CITY OF BELL GARDENS
8327 S. G RRIELD AVE.
BELL GARDENS,DENS, CA 90201
E: T"Tree lWallinteivancelServicas poplorTnedb inc.
Disuar I r. Darin,
s we approach timeend of -the current contract year, West Coast Arborists, lrmcuwould like to tale this opportunity to conveyour sinceregratitude to you and your staff for another successfulyear'. „p"o etlmer, mare have worked dillli ently to irnaintaintimeintegrity, health and preservationof the community's urbanforest. rhe purposeof this letteristo expressour interestin con-tinuinwith - the ,agreementfor an additional) year with a slight a justmerutin cost ' The cr„rrrent rates have remained fixed since the contract oNginated on October 122, 2020. , i°fine proposed rates reflect a not- to exceedceed cost adjustment of 3. 0% per the Agreement. " The a ju,strnent is a result of Consrrmer° Pirice index ( PIII) chainges ( currently „ . ) and increased labor costs as deterrniuied by the California Departmentartrm'mentof Industrial[ relations, Uptonapproval, the new rates will be effective January 1, 2023 in accordancewith the AgrPernent.
IlEf ive Ill) ate. January 01,,2023
i Adjustanent Illt rut st m
a '% ( Max. all[Owed
Region Area: Los elea- 4 ong Beach- na eirn
e appreciater iate your consideration 'in this matter avid look forward to continuing our ,succ.,.sful business relationship.. ' hound 'you have any.questions or require additional information, (pleasedo not hesitate to ernaiil me at ra . or call me at 3714.
sincerely,
ram%
sF1 ;
i e,
Victor M. Gonzalez
Vice President, Business Development
245Exhibit 2
CITY OF BELL GARDENS
Schedule of Compensation farYear 2 23M......_............ w., µ... ..... ..... ..... o.............. m._
Tree Maintenance Servicesperformed by WCA, Inc.
MINSM21MINNNEINEEM
wwlµ
1 Grid Pruning Each 61. 80
2 Annual Palm Pruning Each 61. 80
3 Annual Date Palm Pruning Each 128, 75
4 Street Tree Pruning Each 61. 80
5 Crown Reduction 0- 4 DSH Each 61. 80
6 Crown Reduction 5- 12 DSH Each 97. 85
7 Crown Reduction. 13+ DSH Each 206. 00
8 Tree& Stump Removal 0- 6 DSH Each 185. 40
9 Tree& Stump Removal 7- 12 DSH Each 494. 40
10 Tree& Stump Removal 13- 18 DSH Each 597. 40
11 Tree& Stump Removal 19- 24 DSH Each 700. 40
12 Tree& Stump Removal 25+ DSH Each 803. 40
13 Crew Rental( 2 men @$ 164. 80/ hr) Man Hour 82. 40
14 EmergencyResponse( 2 men @ $ 206/ hr) Man Hour 103. 00 Thecurrent rateshaveremainedfixed sincethe contract originated on October 12,2020.The proposedratesreflecta not-to- exceed cost adjustment of 3. 0%. ThecurrentCPIfor theLA-LongBeach-Anaheimregionfor previous12monthsstandsat 7.9%.
Upon approval,the newrateswill be effectiveJanuary1,2023in accordancewith the Agreement.
Printed on: 5/ 20/ 202210: 11:20 AM Page 2 of 2
246Exhibit 2
5 EXHIBIT “B”
2024 CPI REQUEST LETTER
247Exhibit 2
July 01, 2024 - June 30, 2025
3.00% (Maximum allowable)
Los Angeles-Long Beach-Anaheim
Sincerely,
Victor M. Gonzalez
Vice President, Business Development
Effective Date:
Cost Adjustment Requested:
Region Area:
We
greatly
appreciate
your
consideration
in
this
matter
through
this
time
of
growth
and
change.
It
is
our
goal
to
continue
as
your
urban
forest
management
and
maintenance
service
provider.
Should
you
have
any
questions
or
require
additional
information,
please
do
not
hesitate
to
email
me
at
[email protected]
or
call
me
at
(800)
521-3714.
Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com
March 07, 2024
CITY OF BELL GARDENS
ATTN: BERNARDO INIGUEZ
8327 S. GARFIELD AVENUE
BELL GARDENS, CA 90201
RE: Tree Maintenance Services performed by WCA, Inc.
Dear Mr. Iniguez,
We at West Coast Arborists, Inc. are committed to offering you the quality, integrity, and customer service you expect and deserve from a tree care provider. We would like to take this opportunity to express our gratitude to you and your staff for your commitment to a thriving urban forest. We are approaching the end of the fiscal year and have greatly appreciated your support and business relationship.
Since the contract's inception, our operational costs, notably in labor, fuel, recycling, and insurance premiums, have escalated. Therefore, we respectfully seek a cost adjustment of 3.00%, which aligns with the maximum allowed in the agreement. This adjustment would come into effect from July 1, 2024, coinciding with the fiscal year.
West Coast Arborists, Inc.
2200 E. Via Burton · Anaheim, California 92806 · 714.991.1900 · 800.521.3714 · Fax 714.956.3745 248Exhibit 2
1 Grid Pruning
Each
$63.65
2 Annual Palm Pruning
Each
$63.65
3 Annual Date Palm Pruning
Each
$132.60
4 Street Tree Pruning
Each
$63.65
5 Crown Reduction 0-4 DSH
Each
$63.65
6 Crown Reduction 5-12 DSH
Each
$100.80
7 Crown Reduction 13+ DSH
Each
$212.20
8 Tree & Stump Removal 0-6 DSH
Each
$190.95
9 Tree & Stump Removal 7-12 DSH
Each
$509.25
10 Tree & Stump Removal 13-18 DSH
Each
$615.30
11 Tree & Stump Removal 19-24 DSH
Each
$721.40
12 Tree & Stump Removal 25+ DSH
Each
$827.50
13 Crew Rental (2 men @ $169.70/hr)
Man Hour
$84.85
14 Emergency Response (2 men @ $212.20/hr)
Man Hour
$106.10
CITY OF BELL GARDENS
Item
Schedule of Compensation for Year 2024 - 2026
Tree Maintenance Services performed by WCA, Inc.
Description
Unit
Proposed Prices
Printed on: 3/7/2024 2:59:06 PM