Bell Gardens City Council
July 22, 2024

EXHIBIT G

COUNTY OF LOS ANGELES

DEPARTMENT OF AUDITOR -CONTROLLER / SHARED SERVICES DIVISION Purpose of these instructions:

To assist sub -recipients in completing the Grant Payment Request. We appreciate your participation in this program, for questions or suggestions please use our e-mail below to contact us. Please do not send these instructions to us, they are to be used for your guidance only.

In numeral 1 of this section, please enter the name and year of the grant program that you are submitting for payment. In addition, please help us expedite the process of your Homeland Security claims by:
• Completing the Grant payment request correctly and according to these instructions. • Submitting your Grant payment request using our e-mail --> [email protected] (please do not fax documents). • Sending your Grant payment request only once (we do not require original documents and duplicates will slow down our process). • Using the checkboxes to ensure all the required supporting documents and files accompany your Grant payment request. Supporting documents are flagged for your convenience with a checkbox within the corresponding areas. • Ensuring that all documents attached to your Grant payment requests are legible. • Submitting Grant payment request timely. We do not guarantee the process of Grant payment requests that are submitted late or too close to the final due date. Reimbursable expenditures need to be charged within the performance period of the grant and submitted to us as soon as they are incurred.

The following numerals provide the instructions to fill in the corresponding numeral in the form:

1. Please enter the name of the agency requesting for payment. The name of the agency should be typed according to its signed agreement and as you need it to appear in the payee line of the reimbursement check.

2. Please enter the complete address (street number and name, city, zip code) and attention line where you will need to receive the reimbursement check. Please note that this is not necessary for L.A. County departments. 3' Please enter the tax ID of the governmental entity requesting payment. Please leave blank for L.A. County departments.

4. Please enter the information of the person that can assist us with detail claim questions.

In order to expedite your Grant payment request, in this area's grid, include a maximum of five (5) invoices or reimbursements charges (one charge or one invoice per Iine1. The invoices or charges need to share the same solution area, project #.

The following numerals provide the instructions to fill in the corresponding numeral in the form:

1. Enter the solution area corresponding to the claim. This information is found in the latest budget of the grant. Examples of solution areas are:
equipment, training, planning or exercise.

2. Enter the project # corresponding to the claim. This information is found in the latest budget of the grant. An example of Item # is 17.020.

4. Check with an X under either yes or no according to the claim's Environmental & Historical Preservation (EHP) requirements from the State. EHP approval needs to be obtained from the State prior to the start of the project on certain equipment items (see AEL description) or training/exercise projects. Please attach the following:
a) State EHP Approval: if required by the state for your claim.

Revised on 11/20/2017
Exhibit 2
988

EXHIBIT G

5. If the expenditures that you are claiming were purchased thru a vendor or contractor, please enter the invoice # in the grid area. Please note that you are responsible for following acceptable purchasing policies and for documenting your procurement process. Additionally please include the following documentation with your claim:
a)
b)
c)
Copy of the invoice: Please attach an invoice that provides sufficient information to be used as a cross reference with the items described in your grant line item and AEL #. When the invoice includes items that are not being claimed or that belong to different claims or grants, please circle and designate on the invoice the items that you are requesting for reimbursement. Each item circled must have a project #, a funding source, and a total. Purchase orders and price quotes will not be accepted in the place of the invoice.

Copy of the purchase order
Print out of the corresponding AEL # (Authorized Equipment List number). The AEL listing can be found at:
https://www.rkb.us/fema_grants.cfm
d) Proof of payment of the invoice: The proof of payment for L.A. County Departments is the printout from e -CAPS showing that the check cleared the bank. The proof of payment for other than L.A. County Department is the corresponding copy of the bank's cleared check . e)
Calculations for use tax paid: When use tax is paid, clearly show the calculations of the use tax in the invoice included in your claim. f) Proof of payment of the use tax: Please provide official documents which authenticate the remittance of the use tax to the state, the amount and the reference to the invoice being claimed.
g)
Federal Debarment Listing: Please provide a screen print out of the queried Federal Debarment Listing at http://www.sam.gov/portal/public/SAM . (you will need a username and a password; if you don't please create an account) . The listing needs to be queried prior to the selection of the vendor.

6. If you are claiming services, supplies, training related costs, or any other type of items purchased thru a vendor or contractor or government agency, please indicate with an X the method that you used to acquire the items (do not leave blank or mark more than one). Please note that competitive bid, non-competitive bid or sole source are the only valid purchasing methods. a) Competitive Bid: for projects that received more than one bid. Please indicate number of bids received (must be more than one). b) Non -Competitive Bid: for single bid purchases of $250,000 or more (effective June 21, 2018) to a single vendor or a single project, please attach the approval from the State. The approval needs to be requested from the State prior to the start of the project. c) Sole Source: for non -bid purchases of $250,000 or more effective (June 21, 2018) to a single vendor or a single project, please attach the approval from the State. The approval needs to be requested from the State prior to the start of the project.

7. Enter the amount of your claim after you verify that your budget is sufficient to cover your request. When the amount of the budget is not sufficient, please let your Program Coordinator know of the possible need for budget modification.

8. Enter the "Total Amount" by adding the subtotal claims included in each line.

The following numerals provide the instructions to fill in the corresponding numeral in the form:

1. Please read and check the box provided if you are an authorized signor.

2. Please read and check the box provided if you are an authorized signor.

3. Please sign the Grant payment request if you are an authorized signor of your agency. 4 & When the authorized person is the same as the contact person in Section B you do not need to enter the authorized contact information. If the

5. authorized person and the contact person in Section B are different, please enter all the fields in this area as requested.

Revised on 11/20/2017
Exhibit 2
989

EXHIBIT G
For Equipment Claims:
a)
Equipment Inventory Listing (Print out & Excel File): Please include both the printout of the listing and the corresponding excel file with your claim. The excel file is used to submit your claim with the state and the printout as backup document for audits. If there is no serial # for your equipment please assign a valid ID tag, or write "Consumable" (if it applies) or write N/A. please do NOT leave the corresponding space blank. Please refer to the Instructions to Equip Into Tab for completion procedures of Equipment Inventory.

Additionally, please enter the appropriate CBRNE Mission (Chemical, Biological, Radiological, Nuclear, or Explosive) in the column titled "Equipment Description & Quantity". This only applies to vehicles with AEL # 12VE-00-MISS (Vehicle Specialized Mission:CBRNE).

You need to inform us of any changes on the items above *1. This applies to each piece of equipment added in the Inventory Listing, including when the items are disposed and/or no longer useful. We will update the master inventory listing (per grant requirement) according to the information you give us. Please make sure that you include all the attachments that are necessary to provide us with the requested information.

For Training Claims:
a)
b)
State Sole Source Approval: If you are claiming training related costs thru a Non -Competitive Bid or Sole Source training provider, regardless the purchased amount, please attach the State's approval (effective December 03, 2018). The approval needs to be requested from the State prior to the start of the project.

State -Sponsored Training Reporting Form (with the tracking request #): Please add this form along with the Training Request Form Training Officer (POC), which you completed at the website, to the claim's backup documentation. All the backup documentation submitted for the training claim needs to agree with the training period and the detail description on the Training Reporting Form and the line item of the Grant. Training request #'s must be obtained from the State prior to the start of the project. c) Receipts and paid invoices: please include the complete copy of the receipts and paid invoices with your claim for itemized costs such as air plane tickets, hotel stays, instructor's fees, workshop cost, facilities fees, consulting services, etc. Additionally, you will need to include the documents requested in numeral 5 under Section C.

If you are including personnel cost with your training claim, please add the following:
d) Personnel List (Print out & Excel File): Please include both the printout of the listing and the corresponding excel file with your claim. The excel file is used to submit your claim with the state and the printout as backup document for audits. e) Documents that certify completion of the training: please attach supporting documents that show the class name, dates of training, # of hours of the training class, printed name and signature of individual taking the class and approval signature from supervisor or trainer (attach the information for backfilled positions also). Examples of documents that certify completion of training are:
f)
• Attendance sheets (signed by employee and instructor) • Sign in sheets (same as above) • Signed training certificates Summary Listing of Charges: Please use the Training Summary Sheet form provided in this claim packet that clearly shows the breakdown of the training charges per employee and that match the total claimed. This form includes the following: employee name, assignment, job title, date, salary, hours claimed, regular rate, overtime rate, employee benefits rate, claim amount per employee, clear calculations of amount claimed per employee and total (equal to the amount claimed).

Please ensure that the Training Summary Sheet is verified/approved by an authorized signatory, with printed name and title, and dated.

Backup for the Benefits Rate: If you are adding benefits to your claim, please make sure that you include the official calculation for the rate used.

Timecards: Include a printout of the corresponding timecards. Manual timecards need to indicate the # of hours charged per day to the grant, supervisor's signature, employee name and signature. Automatic system generated timecards need to be approved and include the name of the employee and hours charged per day to the grant.

Explanation of timekeeping codes: When the supporting documentation (timesheet, payroll register, etc.) includes timekeeping codes please provide a printout with the explanation of the usage as detailed as possible.

Revised on 11/20/2017
Exhibit 2
990

EXHIBIT G
J)
Payroll register: The payroll register needs to clearly support and explain the amount claimed per employee. It also needs to show the salary, hourly rate, employee benefits and overtime rate. k) Roster of backfilled positions: When you are claiming overtime for a backfilled position, please attach the backfilled roster to your claim.

The roster needs to include the name of the backfilling employees, a short description of duties performed, the corresponding employee whose duties were covered and the dates accordingly. Please make sure that the roster is signed and that you include documentation corresponding to the employee covered by the backfilling position.

For Planning Claims:
a)
b)
c)
d)
Deliverable (or final product): Please include with your claim the final product of the planning activity (deliverable) that was identified in the grant award.

Signed Certificate of Completion: The certificate of completion can be an e-mail confirming that the planning activity was completed.

Invoices: If your planning claim includes charges invoiced by vendors, please see requirements and documents you need to attach to your claim form under Section C (numeral 5 and numeral 6).

Supporting Documentation for Personnel Cost: When your planning claim includes personnel cost, please see d) to i) under Training Claim (supporting documents needed) and add to the documentation.

For Exercise Claims:
a)
Proof of State Approval of After Action Report (AAR): In order for your AAR to be approved you have to submit it to the State using the ODP Portal (see link below), within 90 days after completion of the exercise. You need to notify the State when the AAR is uploaded so they can proceed with the approval process.
https://hseep.dhs.gov/DHS_SSO/
b) Invoices: If your exercise claim includes charges invoiced by vendors please see requirements and documents you need to attach to your claim form under Section C (numeral 5 and numeral 6).
c) Supporting Documentation for Personnel Cost: When your exercise claim includes personnel cost, please see d) to i) under Training Claim (supporting documents needed) and add to the documentation.

For Organization Claims: Please see above b) and c) under Exercise Claims Revised on 11/20/2017
Exhibit 2
991

EXHIBIT G

GRANT PROPERTY AND EQUIPMENT INVENTORY LISTING
GRANT NAME:

SUB -RECIPIENT: _
DATE OF REPORT:

Grant Project AEL
Year Number No.

Description of Property
Serial # or SAFECOM Source of Department Vendor Invoice Acquisition % of FED Other ID # Consult Property (Title Holder) Name Number Date Cost Participation (Yes/No/NA) (SHSP or
EMPG Grant
Program)
Location
P. of
Use & Condition Disposition
(N=New, Date Sale Price
D=Deployed,
O=Out of
Service. L=Lost
N:Grants/Subrecipient Monitoring/Form /Propery & Equipment Inventory Listing Revised 12/2019

Exhibit 2 992

EXHIBIT G
Equipment Inventory Listing
Procedures for Completion
OBJECTIVE:

Field
(1)
(2)
(3)
(4)
(5)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
To provide an equipment inventory listing that links the State Homeland Security Workbook, to the Equipment Ledger and to the Equipment Listing to simplify the tracking and accountability; and to eliminate duplication and confusion.

Date Element
Grant Name
Sub -Recipient
Date of Report
Grant Year
Project #
AEL No.

Description
Serial # or Other ID #
Safecom consult
Source of Property
Title Holder
Vendor Name
Invoice Number
Acquisition Date
Acquisition Cost
of Fed Part
Location
Use & Condition
Disposition data
Sale Price
Procedure
SHSP or EMPG
Name of your agency
Date report completed {1}
Grant Year of funds used to purchase equipment
Project Number (from Grant Workbook Project Sheets)
Authorized Equip Listing No (from Grant Workbook)
Description of the equipment
Serial # or Other identification # used
Fill out either by Yes, No, or N/A
Funding source, i.e, SHSP, EMPG, etc.

Name of agency (City/Department)
Name of the vendor
Invoice number
Date equipment acquired
Cost of the individual equipment item
Fed participation in the cost of equipment
Location of equipment
Use & condition {2}
Date of disposition
Sale price, If applicable, or N/A for not applicable
The Equipment Inventory Listing must be completed in its entirety to meet the objective of the form.

Note {1}: This date should be the date the physical inventory of equipment was taken and the results reconciled with the equipment records (at least once every two years).
{2} Indicate: N = New, D = Deployed, O = Out of Service, L = Lost & S = Stolen Distribution
Copy maintained in sub -recipient file
Copy forwarded to Shared Services Division

Exhibit 2 993

EXHIBIT G
Training Summary
Sheet
Grant Name
Jurisdiction Name:

Training Provider:

OHS Approved Course Title:

Non-SLGCP Course Title & OHS Tracking No.
(requires pre -approval thru OEM)
Date of Course:

Class/ Exercise Duration/Hours:

EMP NO.

MPLOYEE NAME.

TRAINING

REQUEST E
(for Training only)

TRAINING

START DATE

TRAINING END
DATE
OT
HOURS.

REG RATE
$
OT PAY
$
Are you
claiming
for
Employee
Benefits?
Employee
Benefits Rate
2 3
4 6
7 8
9 10

GRAND TOTAL
Approved by:

Authorized Signature
Print Name and Title
Date

Exhibit 2 994

EXHIBIT G
CALI FORNI A GOVERNORS OFFICE OF EMERGENCY SERVICES (Cal OES)

PLANNING ROSTER
Project'
arming Activity
Solution Area
Sub -Category
1p�ine
Funding Source.
uasn rcequest
Number

GRAND TOTAL
Approved by:

Authorized Signature
Print Name and Title Date
FMFW v1.09- 06/09
Exhibit 2
995

EXHIBIT G
CALI FORNI A GOVERNORS OFFI CE OF EMERGENCY SERVICES (Cal OES)

EXERCISE ROSTER
Project Exercise Title Funding Source Solution y
sub -category
eggorory
Discipline
Cash Request
Number
Total Cost Total Claimed Conducted By
Date of
Exercise
Exercise Type Exercise Role Date MR entered into HSEEP
Approved by:

Authorized Signature
Print Name and Title
Date
FMFW v1.09- 06/09
Exhibit 2
996

EXHIBIT G

8. Notes on Personnel Cost:

In general, costs associated with:

Work performed under contract for a specific deliverable DOES NOT count against the personnel cap, however,
Work performed under contract for an undefined period, such as for personnel costs supporting operational activities, including general planning, training or exercise activities DO count against the personnel cap; and
Work performed by all non -contractor personnel, including for full- or part-time staff and operational overtime DO count against the personnel cap.

The following examples would not count towards the personnel cap:
❑ Vendor installation of a radio tower;
Vendor training on new equipment purchased;
❑ Contractor hired to create an Emergency Operations Plan; Contractor hired to provide deliveries of ICS 400; and
I Contractor hired to assist with planning, training, evaluating, and reporting the effectiveness of a specific exercise.

The following examples would count towards the personnel cap:

Contractor hired to be the State's WMD training instructor with no specific deliverables under contract;
I Contractor hired to facilitate unidentified number of exercises throughout the performance period;
I Contractor hired to be the part-time auditor of Homeland Security Grants throughout the year; and Contractor hired to be an intelligence analyst.

Exhibit 2 997

EXHIBIT G
CALI FORNIA GOVERNORS OFFICE OF EMERGENCY SERVICES (Cal OES) Project
Employee Name
Project I Deliverable
Funding
Source
Discipline
Solution Area
Solution Area Sub
Category
Total Salary &
Dates of Payroll Benefits charged
Period for this Reporting
Period
Total Project
Hours
REI MB
Request #
Total Cost Charged
to Grant
N/A
Exitbtt 2
FMFW v1.15a - 2015
998

EXHIBIT G
Exhibit 2
FMFW v1.15a - 2015
999

EXHIBIT G
FMFW v1.15a - 2015
Exhibit 2
1000

EXHIBIT H
Subrecipient Monitoring Instrument
Subrecipient Monitoring Instrument

PROJECT TITLE
Los Angeles County State Homeland Security Program
Monitoring Reports
A. FINANCIAL REPORTING REQUIREMENTS
Objective
To determine that the Subrecipient implemented corrective action to address findings noted in its Single Audit that is related to the Homeland Security Grant.

Verification

1. Was a Single Audit completed for Grant Year 2014-15
and 2015-16?

2. If yes, did the Subrecipient forward a copy to the
Homeland Security Grant Administrator (HSGA) by
March 30th of the year following the audit?

3. Did the Single Audit(s) identify findings related to the Homeland Security Grant? If yes, please continue.

If no, please mark N/A and continue to Section B.

4. Did the Subrecipient develop a corrective action plan that addresses the finding(s)?

5. Did the Subrecipient send a copy of a corrective action plan to the HSGA?

6. Did the Subrecipient implement the corrective action plan?
Yes No Comment
Exhibit 2 1001

EXHIBIT H
B. TRAINING
Objective
To determine that the Training expenditures were appropriately documented and that the activities aligned with the project' s goals and objectives. If the Training activities involved employees, determine if the Subrecipient appropriately documented the Training expenditures using employee timecards, sign -in sheets, and certificates of training. If the Training activities involved using consultants or contractors, determine if the Subrecipient followed the appropriate procurement procedures to hire the consultants or contractors. Use Worksheets 1 and 3 (See Attachment E — Subrecipient Monitoring Worksheets).

Verification

1. Did the Subrecipient receive funding for Training
expenditures? If yes, then continue. If no, continue
to next section.

2. Did the Subrecipient receive prior approval from
the State either via email or other documentation
and did it include the training course name and
number?

3. If the Training expenditures relate to the use of
employees, did the Subrecipient appropriately
document the Training expenditures using employee
timecards, sign -in sheets and certificates of training?

4. If Training expenditures relate to the use of
consultants/contractors, did the Subrecipient follow
proper procurement procedures to hire the consultants
or contractors?

5. Did the Subrecipient accurately report the Training
expenditures in their accounting records?

6. For Projects with overtime expenditures for Training:
a. Did the Subrecipient maintain employee timecards
to appropriately document the overtime expenditures?
b. Did the Subrecipient accurately report the overtime
expenditures in their accounting records?
Yes No Comments
Exhibit 2 1002

EXHIBIT H
B. TRAINING (Continued)
Verification

7. For Projects with backfill expenditures for Training:
a. Does the Subrecipient have documentation that
the backfill expenditures were approved by the
State?
b. Did the Subrecipient appropriately document the
backfill expenditures using employee timecards and
sign -in sheets?
c. Did the Subrecipient accurately report the
expenditures in their accounting records?

8. Were employee timecards utilized in Training activities signed and dated by the employee and direct supervisor?

9. Were the Training expenditures consistent with the State approved grant award and/or post award modification(s)?

10. Ensure the Subrecipient corrected areas of noncompliance that remain outstanding and were reported as findings in prior Grant Year monitoring reports submitted by HSGA:
a. If the Project prior Grant Year monitoring report
finding was resolved, explain resolution, and indicate
such in the current report as resolved.
b. If the Project prior Grant Year report finding is not resolved, indicate why it has not been resolved and
what the Subrecipient is doing to resolve the prior
year finding and indicate such in the current report.

Yes No Comments
Exhibit 2 1003

EXHIBIT H
C. PLANNING
Objective
To determine that the Planning expenditures were appropriately documented and that the activities aligned with the project's goals and objectives. If the Planning activities involved employees, determine if the Subrecipient appropriately documented the Planning expenditures using employee timecards and sign -in sheets. If the Planning activities involved using consultants or contractors, determine if the Subrecipient followed the appropriate procurement policies. Use Worksheets 1 and 3 (See Attachment E — Subrecipient Monitoring Worksheets).

Verification

1. Did the Subrecipient receive funding for Planning
expenditures? If yes, continue. If no, continue to
next section.

2. Did the Subrecipient appropriately document the
Planning expenditures providing copies of the
support documentation that indicated the efforts
made to produce the final product and a copy of
the product produced?

3. If Planning expenditures relate to the use of employees, did the Subrecipient use employee timecards and
sign -in sheets?

4. If Planning expenditures relate to the use of
consultants/contractors, did the Subrecipient
follow proper procurement procedures to hire
the consultants or contractors?

5. Did the Subrecipient accurately report the
Planning expenditures in their accounting records?

6. For Projects with overtime expenditures for
Planning:
a. Did the Subrecipient maintain employee
timecards to appropriately document the
overtime expenditures?
Yes No Comments
Exhibit 2 1004

EXHIBIT H
C. PLANNING (Continued)
Verification
b. Did the Subrecipient accurately report the
overtime expenditures in their accounting
records?

7. For Projects with backfill expenditures for Planning:
a. Does the Subrecipient have documentation
that the backfill expenditures were approved
by the State?
b. Did the Subrecipient appropriately document
the backfill expenditures using employee
timecards and sign -in sheets?
c. Did the Subrecipient accurately report the
backfill expenditures in their accounting
records?

8. Were the employee timecards utilized in Planning
activities signed and dated by the employee and
direct supervisor?

9. Were the Planning expenditures consistent with the
State approved grant award and/or post award
modification(s)?

10. Ensure the Subrecipient corrected area of
noncompliance that remain outstanding and were
reported as findings in prior Grant Year monitoring
reports submitted to HSGA:
a. If the project prior Grant Year monitoring report
finding was resolved, explain resolution, and
indicate such in the current report as resolved.
b. If the project prior Grant Year monitoring report
finding is not resolved, indicate why it has not been
resolved and what the Subrecipient is doing to
resolve the prior year finding and indicate such in
the current report.

Yes No Comments
Exhibit 2 1005

EXHIBIT H
D. EQUIPMENT
Objective
To determine that the project Equipment expenditures are supported by invoices and that a listing of the Equipment/property is maintained by the Subrecipient. To determine that the purchases are aligned with the project's goals and objectives. Use Worksheets 2 and 3 (See Attachment E — Subrecipient Monitoring Worksheets).

Verification

1. Did the Subrecipient receive funding for Equipment
expenditures? If yes, continue. If no, continue to
next section.

2. Did the Subrecipient maintain invoices to support
the Equipment expenditures?

3. Did the Subrecipient follow proper procurement
procedures to purchase the Equipment and were
the items listed in the federal "Authorized
Equipment List" and/or "Standardized Equipment List"?

4. Did the Subrecipient accurately report the
Equipment expenditures in their accounting records?
Yes No Comments

5. Did the Subrecipient maintain an Equipment
inventory that listed the following:
a) Description of Equipment,
b) Serial number or other identification number,
c) AEL number,
d) Fund/source/grant year,
e) Title holder,
f) 100 percent of federal participation. If no, then identify percentage, g) Acquisition date,
h) Acquisition cost,
i) Quantity,
j) Equipment location,
k) Use and condition of Equipment,
l) Disposal date and sale price of the Equipment

6. Did the Subrecipient conduct an inventory of
Equipment purchased with Cal/OES grant funds at
least once every two years?
Exhibit 2 1006

EXHIBIT H
D. EQUIPMENT (Continued)
Verification

7. Was the Equipment physically inspected to ensure:
a. The Equipment existed and agreed to inventory
listing?
b. The Equipment worked and adequately trained
staff are available to operate the Equipment?

8. Did the Subrecipient maintain Equipment in a secure
location?

9. For property other than Equipment, i.e. supplies, did the Subrecipient have controls and accountability to
safeguard and ensure that the items are used and
solely for authorized purposes?

10. For Equipment disposal, if any:
a. Was the disposition consistent with federal
regulations?
b. What is the status of the proceeds received from the disposal?

11. Did the Subrecipient have a policy for damaged,
destroyed, lost or stolen Equipment including but
not limited to informing the Cal/OES, steps to replace the Equipment and an investigative process?

12. Were the Equipment expenditures consistent with
State approval grant award and/or post award
modification(s)?
Yes No Comments

13. Ensure the Subrecipient corrected areas of noncompliance that remain outstanding and were reported as findings in prior Grant Year monitoring reports maintained by HSGA:
a. If the project prior Grant Year monitoring report finding was resolved, explain resolution, and indicate such in
the current report as resolved.
b. If the project prior Grant Year monitoring report finding is not resolved, indicate why it has not been resolved
and what the Subrecipient is doing to resolve the prior year finding and indicate such in the current report.

Exhibit 2 1007

EXHIBIT H
E. EXERCISE
Objective
To determine that the Exercise expenditures were appropriately documented and the activities align with project's goals and objectives. If the Exercise activities involved employees, determine if the Subrecipient appropriately documented the Exercise expenditures using timecards and sign -in sheets. If the Exercise activities involved using consultants or consultants, determine if the Subrecipient followed the appropriate procurement procedure. Use Worksheets 1 and 3 (See Attachment E — Subrecipient Monitoring Worksheets).

Verification

1. Did the Subrecipient receive funding for Exercise
expenditures? If yes, continue. If no, continue to
next section.

2. Did the Subrecipient receive prior approval from the State either via email or other documentation and did it include the Exercise course name and number?

3. If the Exercise expenditures relate to the use of employees, did the Subrecipient appropriately document the Exercise expenditures using employee timecards, sign -in sheets, and certificates for Exercise?

4. If the Exercise expenditures relate to the use of consultants/ contractors, did the Subrecipient follow proper procurement procedures to hire the consultants or contractors?

5. Did the Subrecipient accurately report the Exercise
expenditures in their accounting records?

6. For Projects with overtime expenditures for Exercise:
a. Did the Subrecipient maintain employee timecards
to appropriately document the overtime expenditures?
b. Did the Subrecipient accurately report the overtime
expenditures in their accounting records?
c. Did the Subrecipient accurately report the backfill
expenditures in their accounting records?

7. For Projects with backfill expenditures for Exercise:
a. Does the Subrecipient have documentation that
the backfill expenditures were approved by the State?
b. Did the Subrecipient appropriately document the
backfill expenditures using employee timecards and
sign -in sheets?
Yes No Comments
Exhibit 2 1008

EXHIBIT H
E. EXERCISE (Continued)
Verification

8. Were the employee timecards utilized in the Exercise activities signed and dated by the employee and direct supervisor?

9. Were the Exercise expenditures consistent with the State approved grant award and/or post award modifications?

10. Ensure the Subrecipient corrected areas of noncompliance that remain outstanding and were reported as findings in prior Grant Year monitoring reports:
a. If the Project prior Grant Year monitoring report finding was resolved, explain resolution and indicate such in
the current report as resolved.

Yes No Comments
b. If the Project prior Grant Year monitoring report finding is not resolved, indicate why it has not been resolved and what the Subrecipient is doing to resolve the prior year finding and indicate such in the current report.

Exhibit 2 1009

EXHIBIT H
F. ORGANIZATION
Objective
To determine that the Organization expenditures were appropriately documented and that the activities align with the project's goals and objectives. If the Organization activities involved employees, determine if the Subrecipient appropriately documented the Organization expenditures using employee timecards and sign -in sheets. If the Organization activities involved using consultants or contractors, determine if the Subrecipient followed the appropriate procurement policies. Use Worksheets 1 and 3 (See Attachment E — Subrecipient Monitoring Worksheets).

Verification

1. Did the Subrecipient receive funding for Organization expenditures? If so, continue. If no, continue to next section.

2. If the Organization expenditures relate to the use of employees, did the Subrecipient document the expenditures using employee timecards, sign -in sheets, or with other support documentation that substantiated the expense?

3. If the Organization expenditures relate to the use of consultants or contractors, did the Subrecipient follow proper procurement procedures to hire the consultants
or contractors?

4. Did the Subrecipient accurately report the Organization expenditures in their accounting records?

5. For Projects with overtime expenditures for Organization:
a. Did the Subrecipient maintain employee timecards to
appropriately document the overtime expenditures?
b. Did the Subrecipient accurately report the overtime
expenditures in their accounting records.?
Yes No Comments
Exhibit 2 1010

EXHIBIT H
F. ORGANIZATION (Continued)
Verification

6. For Projects with backfill expenditures for Organization:
b. Does the Subrecipient have documentation that the
backfill expenditures were approved by the State?
c. Did the Subrecipient appropriately document the
backfill expenditures using employee timecards and
other payroll documentation?

7. Were employee timecards utilized in Organization activities signed and dated by the employee and direct supervisor?

8. Were the Organization expenditures consistent with the State approved grant award and/or post award modification(s)?

9. Ensure that the Subrecipient corrected areas of noncompliance that remain outstanding and were reported as findings in prior Grant Year monitoring reports maintained by HSGA:
a. If the Project prior Grant Year monitoring report finding was resolved, explain resolution and indicate such in the current report as resolved.
b. If the Project prior Grant Year monitoring report finding is not resolved, indicate why it has not been resolved and what the Subrecipient is doing to resolve the prior year finding and indicate such in the current report.

Yes No Comments
Exhibit 2 1011

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 17.

TO:

FROM:

BY:

SUBJECT:

Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Elizabeth Nava, Director of Recreation and Community Services

CONSIDERATION OF FIRST AMENDMENT TO CONTRACT SERVICE AGREEMENT WITH BRIGHTVIEW LANDSCAPE SERVICES, INC. FOR LANDSCAPE MAINTENANCE

SERVICES AT FORD PARK
DATE: July 22, 2024
RECOMMENDATION:

It is staff's recommendation that the City Council adopt the attached Resolution authorizing the City Manager to execute a First Amendment to the Contract Services Agreement with Brightview Landscape Services, Inc. approving a CPI adjustment of 3.9% and exercising the right to extend the Term of the Contract Services Agreement to June 1, 2025.

BACKGROUND/DISCUSSION:

On December 10, 2020, The Recreation and Community Services (RCS) Department staff released a Request for Proposals for Landscape Maintenance Services at Ford Park. On May 11, 2020, the City Council approved the award of a contract with Brightview Landscape Services, Inc (Brightview). The original contract term was for three years with an option to extend up to two additional one-year terms. The City exercised the option to extend the agreement for one year last year and are able to extend one additional year to June 1, 2025.

CPI Adjustment Recuest
Brightview submitted a letter requesting a CPI increase in the amount of 3.9% to be retroactively effective July 1, 2024. In section 4. "Compensation" of the Contract Agreement with Brightview, subsection c stipulates that all increase requests shall be based on the annual percentage change in the April Consumer Prince Index (CPI) for the Los Angeles -Long Beach -Anaheim, CA. Area. RCS staff confirmed that the April 2024 CPI for Los Angeles -Long Beach -Anaheim, CA area was 3.9%. Additionally, Brightview provided the City with a Client Partnership Plan that itemized the cost impacts for the next 12 months.

Brightview has a long history of satisfactory performance with the City of Bell Gardens and continues to do so. They are responsive to requests and have built a good report with RCS staff. Staff is recommending a CPI Adjustment of

3.9% to the City's Contract Services Agreement with Brightview, which would increase the total annual compensation by $3,620.75 adjusting the annual not to exceed amount from $92,839.80 to $96,460.55.

CONCLUSION:

Approval of the First Amendment to the Contract Services Agreement with Brightview Landscape Services, Inc. will allow for the CPI adjustment request which will be effective as of July 1, 2024, and will extend the term of the agreement to June 1, 2025.
1012

FISCAL IMPACT:

Approval of the CPI Adjustment and adoption of the attached Resolution would increase the RCS Fiscal Year 24-25 Budget by $3,620.75. There are sufficient funds in RCS' FY 24-25 budget to cover the cost of the increase.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2024-57
Exhibit 2- Amendment
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 1013

RESOLUTION NO. 2024-57

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING A FIRST AMENDMENT TO

THE CONTRACT SERVICES AGREEMENT BY AND BETWEEN THE

CITY OF BELL GARDENS AND BRIGHTVIEW LANDSCAPE
SERVICES, INC. FOR LANDSCAPE MAINTENANCE AT JOHN

ANSON FORD PARK
WHEREAS, on June 1, 2020, the City of Bell Gardens ("City") and Brightview Landscape Services, Inc. ("Brightview") executed and entered into a Master Agreement for Landscape Maintenance at John Anson Ford Park; 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, pursuant to the terms of the Master Agreement, on June 19, 2023, the Parties availed themselves of the first optional one (1) year extension and agreed to a five percent (5%) CPI increase; and
WHEREAS, on July 17, 2024, Brightview requested a CPI increase of three- point -nine percent (3.9%) that would become effective as of July 1, 2024 and would be in place for the remainder of the term of the Master Agreement; and WHEREAS, the City and Brightview further wish to exercise the last remaining one year extension on the Master Agreement to extend the term through June 1, 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 accompanying this Resolution, and such other oral and written evidence, the Bell Gardens City Council hereby approves a First Amendment to the Contract Services Agreement with Brightview Landscape Services, Inc., which is attached to the staff report as Exhibit 2.

SECTION 3. The City Council further authorizes and directs the City Manager and staff to execute the First Amendment and take all actions necessary 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 passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become Exhibit 1 1014

Resolution No. 2024-57
effective immediately upon its approval.

PASSED, APPROVED, and ADOPTED this 22nd day of July, 2024.

THE CITY OF BELL GARDENS
Gabriela Gomez, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez
City Attorney
2 of 3
Daisy Gomez
City Clerk
Exhibit 1 1015

Resolution No. 2024-57
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:
3 of 3
Exhibit 1 1016

2024

FIRST AMENDMENT TO CONTRACT SERVICES AGREEMENT
(Engagement: Landscape Maintenance at John Anson Ford Park) (Contractor: Brightview Landscape Services, Inc.)
THIS FIRST AMENDMENT (hereinafter, "First Amendment") to that certain agreement entitled "2020 Contract Services Agreement for Landscape Maintenance at the John Anson Ford Park" and dated June 1, 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 BRIGHTVIEW LANDSCAPE SERVICES, 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 First Amendment is made and entered into with respect to the following facts:

WHEREAS, on June 1, 2020, the Parties executed and entered into the Master Agreement for landscape maintenance at John Anson Ford Park; 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, pursuant to the terms of the Master Agreement, on June 19, 2023, the Parties availed themselves of the first optional one (1) year extension and agreed to a five percent (5%) CPI increase (hereinafter "First Extension"); and WHEREAS, the Master Agreement, as amended by way of the First Extension, 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 NINETY-TWO THOUSAND EIGHT HUNDRED THIRTY-NINE DOLLARS AND EIGHTY CENTS ($92,839.80) (hereinafter, "Annual Not -to -Exceed") to provide landscape maintenance at John Anson Ford Park; and
WHEREAS, on July 17, 2024, CONTRACTOR requested a CPI increase of three- point -nine percent (3.9%) 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 WHEREAS, the 2024 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

THREE THOUSAND SIX HUNDRED TWENTY DOLLARS AND SEVENTY-FIVE 1 Exhibit 2 1017

CENTS ($3,620.75) for a new total Annual Not -to -Exceed Sum of NINETY-SIX

THOUSAND FOUR HUNDRED SIXTY DOLLARS AND FIFTY-FIVE CENTS ($96,460.55) 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 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 1 a. (TERM) of the Master Agreement is hereby amended to extend the term of the Master Agreement through June 1, 2025.

SECTION 2. Section 4b. (COMPENSATION) of the Master Agreement is hereby amended to increase the Annual Not -to -Exceed Sum of NINETY-TWO THOUSAND EIGHT HUNDRED THIRTY-NINE DOLLARS AND EIGHTY CENTS ($92,839.80) by

THREE THOUSAND SIX HUNDRED TWENTY DOLLARS AND SEVENTY-FIVE CENTS ($3,620.75) for a new total Annual Not -to Exceed Sum of NINETY-SIX

THOUSAND FOUR HUNDRED SIXTY DOLLARS AND FIFTY-FIVE CENTS ($96,460.55) 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 First Amendment, First Extension and 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 First Extension 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 First Amendment shall be deemed a part of the Master Agreement and except, as otherwise provided under this First Amendment, the First Extension and the Master Agreement, 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 First Extension and Master Agreement, the provisions of this First Amendment shall control, but only in so far as such provisions conflict with the First Extension and Master Agreement, and no further. (SIGNATURES ON NEXT PAGE)
2 Exhibit 2 1018

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 BRIGHTVIEW LANDSCAPE
SERVICES, INC.

By: By:

Michael B. O'Kelly, City Manager
Name:

Title:

Date: Date:

APPROVED AS TO FORM:

By:

Stephanie Vasquez, City Attorney
3 Exhibit 2 1019

EXHIBIT "A"

MASTER AGREEMENT
4 Exhibit 2 1020

Client Partnership Plan
Date: 6/19/2023
Branch Name & No.: 32810 - Los Angeles
Account Manager: Gil Rocha
Contract Start Date: 7/1/2023
Contract End Date: 6/30/2024
Budget Due Date: 6/1912023
Repairs
Grand Total $ 7,736.65
Comments: Landscape maintenance CPI July 2023
Irrigation repairs - budgeted incentials only
uty increase will also cancel current fuel surcharge
intenance- adding baseball fields
Job Name: Ford Park
Job No.: 328100246
Client Name: Michael B. O'Kelly
Client Phone No.: 562-806-7650
Client E-mail: aandrade+bellgardens.org
Notes:
rightVi
Landscape Services
Previous Annual Maintenance Price: $ 77,196.00
Annual Contract Increase %: 5.00%
Desired Annual Maintenance Price: $ 81,055.80
$ 8,236.65 $ 8,236.65 $ 8,236.65 $ 8,236.65 $ 8,236.65 $ 8,236.65 $ 8,236.65 7,736.65
97,339.80
The provisions set forth on each page of this addendum shall hereby become an integral part of the contract to which it is attached with the same force and effect as If these changes had been entered directly on the original contract. AN provisions or portions of provisions in the original contract, which are not expressly modified by this addendum, shall remain In full force and effect.

CHANGES:

The Parties hereby agree to amend that certain Performance Contract for Landscape Management Services, July 1, 2023 between the City of Bell Gardens and BrightView Services as follows:

As of July 1, 2023, the existing monthly contract total of $6,433.00 will increase to a new monthly total of $6,754.65 or a new annual Increase from the existing contract of $77,196.00 to a new annual contract total of $81,055.80 for the current scope of work
dens
Date:

Michael B. O1(&
BrightView Landscape Services, Inc.

By. Date:

Gerrad Hill, Branch Manager
Exhibit 2 1021

CITY OF BELL GARDENS

CONTRACT AGREE ENT
FOR

LANDSCAPE MAINTENANCE

AT THE JOHN ANSON FORD PARK
THIS CONTRACT SERVICES AGREEMENT (hereinafter, "Agreement") is made and entered into this t �. day of �3 6 2020 (hereinafter, the "Effective Date"), by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "City") and BRIGHTVIEW LANDSCAPE SERVICES, INC (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 landscaping and maintenance services at the John Anson Ford Park; 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 & / >! I , 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, provided City issues written notice of its intent to extend the Term of the Agreement prior to the expiration of the initial Term.

Exhibit 2 1022

b. Nothing in this Section shall operate to prohibit or otherwise restrict the City's ability to terminate this Agreement at any time for convenience or for cause as provided under Section 5 of this Agreement.

Section 2. Scope of Work.
a. Subject to the terms and conditions of this Agreement, Contractor agrees to provide landscape and maintenance services and tasks that are set forth in that certain request for proposal of the City entitled "City of Bell Gardens Request for Proposals Contract Documents and Specifications for Ford Park Landscape Maintenance Contract in the City of Bell Gardens" issued on December 10, 2019 (the "City RFP") which attached and incorporated hereto as Exhibit "A"; and b. That certain written proposal for landscape maintenance entitled "BrightView Landscape Maintenance Proposal for City of Bell Gardens: Ford Park Landscape Maintenance" dated January 29, 2020 (the Contractor Proposal") which is attached and incorporated hereto as Exhibit "B".
c. For purposes of this Agreement, the capitalized term "Scope of Work" shall be a collective reference to City RFP and the Contractor Proposal. In the event of any conflict or inconsistency between the provisions of the City RFP and the Contractor Proposal, the City RFP shall govern and control but only to the extent of the conflict or inconsistency and no further.
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 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 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, its employees or other consultants, contractors or agents. 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 Exhibit 2 1023

include the following information:

1. A detailed description of the specific services or tasks requested;

2. The location of where the particular services or tasks are to be performed, if applicable;

3. A not -to -exceed budget for performing the services or tasks;

4. A timeline for completing the requested services or tasks;

5. Any other information City deems necessary and relevant to the requested services or tasks; and

6. The signature of the City Representative, confirming that the services or tasks have been authorized by the City Representative.

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 January 29, 2020 Unit Price List, which is attached and incorporated hereto under Exhibit "B". 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 Eighty - Seven Thousand Four Hundred Forty -Four Dollars ($87,444) (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. The forgoing notwithstanding, In the event the Contractor experiences increased costs during the term of the contract, it may request an adjustment of the price bid.

The requested increase and all supporting documentation shall be submitted a minimum of 75 calendar days prior to the annual contract effective date to allow for review and processing to be effective on the annual effective date. All such increase requests shall be based on but shall not exceed the annual percentage change in the April Consumer Price Index (CPI) for the Los Angeles -Long Beach - Anaheim, CA area. If the annual percentage change in the April CPI is 0% or less, the rates shall remain unchanged.
d. 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.
e. Following the conclusion of each calendar month, Contractor shall submit to City Exhibit 2 1024

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 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 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 thirty (30) 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 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 subcontractors and subconsultants) possess sufficient skill, knowledge, training and experience to perform those services and tasks contemplated under this Agreement; and
All of Contractor's employees and agents (including but not limited to Contractor's subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement.

Exhibit 2 1025

The Parties acknowledge and agree that Contractor shall perform, at Contractor's own cost and expense and without any reimbursement from City, any services or tasks necessary to correct any errors or omissions caused by Contractor's failure to comply with 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 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. City Representative. For the purposes of this Agreement, the City's representative shall be Director of Recreation and Community Services, Rozanne Adanto (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 refer any decisions which must be made by City to the City Representative.
b. Contractor Representative. For the purposes of this Agreement, Contractor hereby designates Adam Budniak, 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 performance of the work, services and tasks contemplated under this Agreement, Exhibit 2 1026

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. 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) 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.

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 (ii) shall be free from all defects in design, materials 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.

Exhibit 2 1027

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.
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 performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without prior written consent by City. City shall grant such consent if disclosure 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. Prevailing Wages and General Labor Compliance and Reporting.

Exhibit 2 1028

a. Contractor and any subcontractor performing or contracting any portion of the Work shall comply with any and 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 performance of 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 base rate 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 each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation 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. Pursuant to the provisions of California Labor Code, Sections 1770 et. seq., Contractor and any subcontractor under Contractor shall 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, Saturdays and 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 interested party on request. Contractor shall post a copy of said prevailing rate of per diem wages at each job site. b. As required by Section 1773.1 of the California Labor Code, Contractor shall pay travel and subsistence payments to each worker needed to execute the work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with 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. Contractor shall comply with the provisions of Section 1775 of the California Labor Code and shall, as a penalty to City, forfeit up to fifty dollars ($50) for each calendar Exhibit 2 1029

day, or portion thereof, for each worker paid less than the prevailing rate of per diem 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 between the prevailing wage 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 responsible for ensuring compliance with Labor Code Section 1776 and shall keep accurate payroll records containing all such information as maybe called for under Labor Code Section 1776 and other applicable provisions of State law. f. Contractor and any subcontractors shall, when they employ any person in any apprenticeable craft or trade, apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the work site for a certificate approving Contractor or subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected; and shall comply with all other requirements of Section 1777.5 of the California Labor Code, which is incorporated by this reference as though fully set forth herein. The responsibility of compliance with California Labor 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 Section 1777.5, Contractor shall be denied the right to bid on any public works contract for up to three (3) years from the date noncompliance is determined and be assessed civil penalties.
g.

In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860), and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the California Labor Code, Contractor is required to secure the payment of compensation to its employees and for that purpose obtain and keep in effect adequate Workers' Compensation Insurance and Employers Liability Insurance. If Contractor, in the sole discretion of the City satisfies the City of the responsibility and capacity under the applicable Workers' Compensation Laws, if any, to act as self -insurer, Contractor may so act, and in such case, the insurance required by this paragraph need not be provided. Contractor is advised of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code and shall comply Exhibit 2 1030

with such provisions and have Employer's General Liability limits of $1,000,000 per accident before commencing the performance of the work of this Contract. The Notice to Proceed with the Work under this Contract will not be issued, and Contractor shall not commence work, until Contractor submits written evidence that it has obtained full Workers' Compensation Insurance coverage for all persons whom it employs or may employ in carrying out the work under this Contract. This insurance shall be in accordance with the requirements of the most current and applicable state Workers' Compensation Insurance Laws. In accordance with the provisions of Section 1861 of the California Labor Code, Contractor in signing this Contract certifies to the City as true the following statement: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." A subcontractor is not allowed to commence work on the project until verification of Workers' Compensation Insurance coverage has been obtained and verified by Contractor and submitted to the City Engineer for the City's review and records. h. In accordance with the provisions of Section 1727 of the California Labor Code, the City, before making payment to Contractor of money due under a contract for public works, shall withhold and retain therefrom all wages and penalties which have been forfeited pursuant to any stipulation in the contract, and the terms of Chapter 1, Part 7, Division 2 of the California Labor Code (commencing with Section 1720). But no sum shall be withheld, retained or forfeited, except from the final payment, without a full investigation by either the Division of Labor Standards Enforcement or by the City.

Section 12. 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 13. 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 Exhibit 2 1031

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 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 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 harmless from any and all claims that may be made against City based upon any contention by any third party that an employer -employee relationship exists by reason of this Agreement.

Section 14. 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 15. 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 Exhibit 2 1032

subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with 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 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 16. 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, directly or indirectly, out of, in connection with, resulting from, or related to 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 passive negligence by Contractor and shall operate to fully indemnify Indemnitees 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 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 Exhibit 2 1033

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, 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 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 harmless from 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 Contractor under this Agreement any amount due to City from Exhibit 2 1034

Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section.

Section 17. Insurance.
a. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
. 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 -owned or hired vehicle used in connection with the performance of this Agreement with minimum limits 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: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 insurance policies are in effect and satisfy the required amounts and specifications required pursuant to this Agreement.

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.

Exhibit 2 1035

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.
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.

Any deductibles or self -insured retentions must be approved by 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 liability or as full performance of 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 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 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 Exhibit 2 1036

termination. Such termination for convenience shall be made in writing signed by the City Representative. Contractor may terminate this Agreement for convenience, without cause and without penalty or liability at any time upon ninety (90) days prior written notice to City.
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 perform or properly perform any such duty, 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; (ii) the action required to cure the Event of Default; (iii) 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 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; (iii) 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. Contractor shall cure the following Events of Defaults within the following time periods:

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 Exhibit 2 1037

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
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 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 shall 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, City may submit a written request for additional time to cure the Event of Default upon a showing that City has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30 -day cure period. The foregoing notwithstanding, an Event of Default dealing 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 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 Exhibit 2 1038

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 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;
ii. Upon written notice to Contractor, the City may extend the time of performance;
iii. The City may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for 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 suspension or termination of this Agreement and/or the recovery of 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 Exhibit 2 1039

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, 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 20. 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 the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative's determination shall be final and conclusive upon the parties to this Agreement. In no event shall 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. For purposes of this Agreement, the parties agree specifically that water conservation regulations or guidelines are specifically included within the above referenced acts of any governmental agency, and that Contractor shall not be liable for any failure to perform as a direct or indirect result of Contractor's compliance with or good faith efforts to comply with state or local water regulations or mandates Section 21. 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.

If to City: If to Contractor:

City of BeII Gardens
Department of Public Works
7100 Garfield Avenue
BeII Gardens, CA 90201
Phone: (562) 806-7700
Attn: Director of Recreation and
Community Services
BrightView Landscape Services
Inc.
17813 South Main Street #105
Gardena, CA 90248
Phone: (310) 431-704
Attn: Adam Budniak (VPGM)
Exhibit 2 1040

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 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 attempt to do so shall be void and of no effect. City shall not be obligated or 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 proceeding to enforce or interpret the 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 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 25. 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 Califomia located in the City of Los Angeles, California.

Section 26. Severability. 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 Exhibit 2 1041

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 intent of 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)
Exhibit 2 1042

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: BRIGHTVIEW LANDSCAPE
SERVICES, INC.:

By:

Date: May 21, 2020
Michael B. O'Kelly, City Manager
APPROVED AS TO FORM:

By: on behalf of
Rick Olivarez, City Attorney
Exhibit 2 1043

TO EFFECTUATE THIS AGREE ENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. "City"
"Contractor"
CI OF ELL GARDENS: BRIGHTVIE LANDSCAPE
SERVICES, INC.:

By:

Michael B. O'Kelly, City Manager
Date:

APPROVED AS TO FORM:

By:

Rick Olivarez, City Attorney
Date: May 21, 2020
Exhibit 2 1044

FAITHFUL PERFORMANCE BOND FOR

FORD PARK LANDSCAPE MAINTENANCE

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

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

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of , 2020.

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

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

Exhibit 2 1045

MATERIAL AND LABOR BOND FOR

FORD PARK LANDSCAPE MAINTENANCE

IN THE CITY OF BELL GARDENS
KNOW ALL MEN BY THESE PRESENTS that as
CONTRACTOR, and , as SURETY, are held firmly
bound unto the City of Bell Gardens, as AGENCY, in the penal sum of Dollars ($ ), which is 50 percent of the total contract amount for the above - stated project, for payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.

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

IN WITNESS WHEREOF the parties have set their names, titles, hands, and seals this day of 2020,.

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

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

Exhibit 2 1046

NONCOLLUSION AFFIDAVIT TO BE EXECUTED

BY EACH AWARDEE OF A PRINCIPAL CONTRACT

STATE OF CALIFORNIA )
)ss

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

Signed
Exhibit 2 1047

Title
Subscribed and sworn to before me this
day of , 2020.

Notary Public
Exhibit 2 1048

EXHIBIT "A"

CITY RFP
20 Exhibit 2 1049

CITY OF BELL GARDENS

REQUEST FOR PROPOSALS

CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR

FORD PARK LANDSCAPE MAINTENANCE CONTRACT

IN THE CITY OF BELL GARDENS
Prepared By:

City of Bell Gardens
Public Works Department
8327 South Garfield Avenue
Bell Gardens, CA 90201
562-806-7770
FAX 562-806-7789
December 2019
PRE- BID MEETING:

MANDATORY
December 18, 2019 10:00 AM
Public Works Department
8327 Garfield Avenue
Bell Gardens, CA 90201
BID PROPOSAL DUE DATE:

January 14, 2020 5:00 PM
City Clerk's Office
7100 Garfield Avenue
Bell Gardens, CA 90201
Exhibit 2 1050

CITY OF BELL GARDENS

REQUEST FOR PROPOSALS

FORD PARK LANDSCAPE MAINTENANCE CONTRACT

IN THE CITY OF BELL GARDENS

BID SCHEDULE
• Bid Period December 10, 2019 to January 14, 2020
• Mandatory Bidders' Meeting December 18, 2019 10:00 AM • Bid Opening January 14, 2020, 5:00 PM
• Award of Contract January 27, 2020
Bids will be received at the City of Bell Gardens, Office of the City Clerk, 7100 Garfield Avenue, Bell Gardens, CA 90201, up to 5:00 PM on Tuesday, January 14, 2020.

Exhibit 2 1051

TABLE OF CONTENTS

NOTICE INVITING SEALED BIDS

INSTRUCTIONS TO BIDDERS

PROPOSAL

CONTRACT AGREEMENT

GENERAL SPECIFICATIONS

SPECIAL PROVISIONS
PART 1 - GENERAL PROVISIONS

SECTION M - MAINTENANCE SPECIFICATIONS

APPENDIX
A. LANDSCAPE AREA DESCRIPTIONS
B. ANNUAL MAINTENANCE SCHEDULE
C. SOILS TESTING
D. LANDSCAPE MAINTENANCE PLAN
A
B
C
D
E
1-1 - 1-39
MS -1 - MS -18
Exhibit 2 1052

Exhibit 2 1053

NOTICE INVITING SEALED BIDS

REQUEST FOR PROPOSALS
FOR
FORD PARK LANDSCAPE MAINTENANCE CONT t CT

IN THE CITY OF BELL GARDENS
PUBLIC NOTICE IS HEREBY GIVEN that the City of Bell Gardens as AGENCY, invites sealed bids for Request for Proposals for the above -stated project and will receive such bids in the office of the City Clerk, 7100 Garfield Avenue, Bell Gardens, California 90201, up to the hour of 5:00 PM on Tuesday, January 14, 2020.

The Request for Proposals will be made available via the City of Bell Garden's website : w.bellgardens.org. Please click Document Central (On the top of the City's cover page) and click the subfolder names, RFPs and Bids. The following link may also take you to the specific site: htt sa/www,bell ardens.orc /i-want-to/vie bids-rfps/rfps-and-bids
Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of Section 1773.2 of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the City Hall, City of Bell Gardens, 7100 Garfield Avenue, Bell Gardens, California 90201, and are available to any interested party on request.

Attention is directed to the provisions of Section 1777.5 (Chapter 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, 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 bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract.

In entering into a public works 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 Cartwright Act (Chapter 2 commencing with Section 16700 of Part 2 of Division 7 of the Business and Professions Code), A-1
Exhibit 2 1054

arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the CONTRACTOR, without further acknowledgement by the parties.

Proposals must be prepared on the approved Proposal forms in conformance with the Instructions to Bidders and submitted in a sealed envelope plainly marked on the outside.

The proposal must be accompanied by certified or cashier's check, or bidder's bond, made payable to the AGENCY for an amount no less than 10 percent of the amount proposed.

The successful contractor 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 this contract is awarded. The successful CONTRACTOR and his subcontractors will be required to possess business licenses from the City of Bell Gardens.

Attendance at a pre -bid meeting is mandatory and will be held on December 18, 2019 at 10:00 AM at the Public Works Department Conference Room. All contractors are required to have a representative attend and sign in at the pre -bid meeting. Failure to comply with this attendance and sign in requirements will result in the Contactor's proposal being found non -responsive to the required procedures.

Bids must be prepared on the approved Proposal forms in conformance with the Instructions to Bidders and submitted in a sealed envelope plainly marked on the outside as follows:
"SEALED PROPOSAL FOR THE FORD PARK LANDSCAPE MAINTENANCE CONTRACT IN THE CITY OF BELL GARDENS — DO NOT OPEN WITH REGULAR MAIL".

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

The AGENCY reserves the right to reject any or all proposals, to waive any irregularity and to take all proposals under advisement for a period of 30 days.

BY ORDER OF the City of Bell Gardens.

A-2
Exhibit 2 1055

INSTRUCTIONS TO BIDDERS

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

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

DELIVERY OF PROPOSAL
Proposals shall be enclosed in a sealed envelope plainly marked on the outside, "SEALED PROPOSAL FOR THE FORD PARK LANDSCAPE MAINTENANCE CONT'. r; CT IN THE CITY OF BELL GARDENS — DO NOT OPEN WITH REGULAR MAIL". Proposals may be mailed or delivered by messenger.

However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the AGENCY'S designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. Late proposals will not be considered.

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

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.

B-1
Exhibit 2 1056

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

DISQUALIFICATION OF BIDDERS
In the event that any contractor acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected and the contractor will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. Proposals will be accepted from contractors who are not licensed in accordance with the provisions of the State Business and Professions Code; however, the successful contractor 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.

DISCREPANCIES AND MISUNDERSTANDINGS
Contractors 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 contractor shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the Plans, Specifications, or other contract documents shall be called to the attention of the AGENCY and clarified prior to the submission of proposals.

EQUIVALENT MATERIALS
Approval of equipment and materials offered as equivalents to those specified must be obtained in writing from the AGENCY prior to the opening of proposals.

Requests for consideration of equivalents must be submitted in writing allowing sufficient time for complete consideration of all specifications, samples, references, tests and other details to the full satisfaction of the AGENCY.

CONTRACT TIME
Contractor understands that a proposal is required for the first 3 years of work that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed.

B-2
Exhibit 2 1057

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 or expressly referred to herein or not. Any contractor submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other contract documents, and to full compliance therewith.

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

PRE -PROPOSAL CONFERENCE
A MANDATORY pre -bid meeting will be held at 10:OOam on Wednesday, December 18, 2019 at the City of BeII Gardens Public Works Facility located at 8327 Garfield Avenue, BeII Gardens.

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:
(A) Qualifications of firm (company organization, staffing, resources, etc.)
(B) Reputation of firm based on references (the City reserves the right to contact any former agencies not referenced)
(C) Cost of services
(D) Ability to meet or exceed standards outlined in the request for proposal
(E) Thoroughness and completeness of proposal
(F) Community Benefit (evidence of past efforts to provide community benefits and future commitments to provide community benefits; please quantify the monetary value of these benefits to the extent possible)
At the conclusion of the Proposal solicitation period, the City will review B-3
Exhibit 2 1058

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.

REQUESTS FOR CLARIFICATIONS
All questions, interpretations or clarifications, either administrative or technical must be requested in writing and directed to:

Cesar Roldan
[email protected]
All written questions will be answered in writing and conveyed to all Respondents on the Proposer's List. 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 by 5:00 PM January 7, 2020.

AWARD OF CONTRACT
The award of contract, if made, will be to the lowest responsible contractor as determined solely by the AGENCY. Additionally, the AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the proposals under advisement for a period of 30 days, all as may be required to provide for the best interests of the AGENCY. 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.

B-4
Exhibit 2 1059

D�J
Exhibit 2
B-5
1060

REQUEST FOR PROPOSALS

FORD PARK LANDSCAPE MAINTENANCE CONT CT

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

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

CONTRACTOR understands that a proposal is required for the entire work that the estimated quantities set forth in the Proposal Schedule are solely for the purpose of comparing proposals and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE

RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the prices bid include all appurtenant expenses, taxes, royalties and fees.

For each Area of Work, Contractor shall enter the Monthly cost for each activity, and the Monthly Subtotals for each Area of Work as shown in the following Proposal Schedule. CONTRACTOR understands that any compensation under the contract will be based upon the total amounts for the Total Monthly Cost and the Total Annual Cost (the Monthly Totals multiplied by 12 months).

It is the CONTRACTOR'S responsibility for the accuracy of their proposals and ensure that the Monthly (Cost) Subtotals for each Area of Work, the total amounts for the Total Monthly Cost and the Total Annual Cost are entered correctly and mathematically checked. In the case of discrepancies in the amounts of the proposal, Total Annual Cost shall govern over Total Monthly Costs, and words shall govern over figures.

If awarded the Contract, the undersigned further agrees that in the event of the CONTRACTOR'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the CONTRACTOR, the proceeds of the security accompanying this proposal shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void.

C-1
Exhibit 2 1061

PROPOSAL SCHEDULE

FORD PARK LANDSCAPE MAINTENANCE

CITY OF BELL GARDENS
Ford Park
32,591
10,034
S.F.

S.F.

Lawn
Shrubs and ground
cover
nthly
Total
Rounded to
hole Dollars)
37,750
S.F.

Irrigation system
Subtotal

2. Sports Fields
39,423
S.F.

Lawn
$
24,769
S.F.

Shrubs and ground
cover
$
64,192
S.F.

Irrigation system
$
Subtotal
Monthly Total $
TOTAL ANNUAL COST (monthly X 12) $
(Figures)
(Print Total Annual Cost in Words)
Exhibit 2
C -2(b)
1062

UNIT PRICE LIST
The following prices are hereby made a part of this Agreement:

A. Unit Prices for Additional Work

1. Miscellaneous irrigation repair parts at cost plus percent. $ ea.

2. Pop-up sprinkler in place 4 inch at
6 inch at
12 inch at

3. Pop-up gear drive sprinkler in place 4 inch at
12 inch at

4. Fixed shrub sprinkler in place at
$ ea.
$ ea.
$ ea.
$ ea.
$ ea.

5. Fixed shrub gear drive sprinkler in place at $ ea.

6. 1 -gallon shrub in place at $ ea.

7. 5 -gallon shrub in place at $ ea.

8. 24 Inch Box — Palm Tree at $ ea.

9. DELETED at $ ea.

10. DELETED at $ ea.

11. DELETED at $ ea.

12. Flat of ground cover in place at $ ea.

13. 4 -inch pot annual/perennial color at S ea.

14. Planter bed mulch in place at $ /cubic yard

15. Turf renovation (incl. dethatches, overseed,
top dress) at $ /1,000 sq. ft.

16. Turf aeration. at $ /1,000 sq. ft.

17. Dethatch turf. at $ /1,000 sq. ft.

18. Fertilize turf. at $ /1,000 sq. ft.

19. Additional labor at $ /man-hour

20. Additional foreman at $ /man-hour
Exhibit 2
C -2(d)
1063

21. Additional mowing at $ /100 sq. ft

22. Play area sand delivered and
placed (sand shall be washed
plaster sand or equivalent
approved by Engineer)
at
B. Unit prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. (Reference: Standard Specifications, Section 9-3 Payment, Subsection 9-3.1 (General.)
C. The foregoing unit prices are for the purpose of expediting authorization of extra work as defined in Section 3-3 Extra Work within these Specifications. The Agency is not bound by the prices listed by the CONTRACTOR in this proposal, nor will these prices affect award of the proposal. The prices will be subject to the conditions stipulated in Subsection 3-3.2 Payment of these Specifications, including Agency audit. The Agency reserves the right to negotiate the foregoing unit prices prior to execution of the Contract Agreement.
/ton
Exhibit 2
C -2(e)
1064

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

All Sub -Contractors listed shall include the DIR Registration No.

NAME, ADDRESS, AND PHONE

NUMBER OF SUBCONTRACTORS,

SUPPLIERS, AND VENDORS

PORTION OF WORK,

MATERIALS, OR EQUIPMENT
Prior to award of contract, CONTRACTOR shall submit a list of suppliers and vendors, in writing, to the Director of Public Works.

Exhibit 2
C-3
1065

REFERENCES
The following are the names, addresses, and telephone numbers for three public agencies for which CONTRACTOR has performed similar work within the past 2 years:

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

2. 3.

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

Exhibit 2
C-4
1066

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

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

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

Exhibit 2
C-5
1067

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

Contractor's Name
Business Address
Telephone
State Contractor's License No.; Class, and DIR Reg #
Original Date Issued Expiration Date
The following are the names, titles, addresses and phone numbers of all individuals, firm members, partners, joint ventures and/or corporate officers having a principal interest in this proposal:

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

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

Exhibit 2
C-6
1068

IN WITNESS WHEREOF, CONTRACTOR executes and submits this proposal with the names, title, hands and seals of all aforenamed principals this day of 20 CONTRACTOR
Subscribed and sworn to this

NOTARY PUBLIC
day of , 20
Exhibit 2
C-7
1069

PROPOSAL GUARANTEE

PROPOSAL BOND
FOR

FORD PARK LANDSCAPE MAINTENANCE

IN THE CITY OF BELL GARDENS
KNOW ALL MEN BY THESE PRESENTS that
as CONTRACTOR, and , as
SURETY, are held and firmly bound unto the City of Bell Gardens, as AGENCY, in the penal sum of dollars ($ ), which is 10 percent of the total amount bid by CONTRACTOR to AGENCY for the above -stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.

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

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

CONTRACTOR*
SURETY*
Subscribed and sworn to this day of

NOTARY PUBLIC
, 20 .

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

Exhibit 2
C-8
1070

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

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

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

Exhibit 2
C-9
1071

CITY OF BELL GARDENS

CONTRACT AGREEMENT
FOR
(SERVICES)

IN THE CITY OF BELL GARDENS
THIS CONTRACT SERVICES AGREEMENT (hereinafter, "Agreement") is made and entered into this day of 2020
(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 (describe services) services for the City's (Location); and WHEREAS, City staff has determined that Contractor possesses the skills, experience and expertise necessary to complete required (services); and WHEREAS, the execution of this Agreement was approved by the City of Bell Gardens Council at its Regular Meeting of , 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, provided City issues written notice of its intent to extend the Term of the Agreement prior to the expiration of the initial Term. b. Nothing in this Section shall operate to prohibit or otherwise restrict the D-1
Exhibit 2 1072

City's ability 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 provide services and tasks
that are set forth in that certain request for proposal of the City entitled "Request for Proposal Contract"
issued on (DATE) (the "City RFP Work Scope") which attached and incorporated hereto as Exhibit "A"; and
b. That certain written proposal for landscape maintenance entitled "Request for Proposal for Landscape Maintenance Services for City of Bell Gardens" dated October 11, 2019 (the Contract
Proposal Work Scope") which is attached and incorporated hereto as Exhibit "B".
c. For purposes of this Agreement, the capitalized term "Scope of Work" shall be a collective reference to City RFP Work Scope and the Landscape Contract Proposal Work Scope. In the event of any conflict or inconsistency between the provisions of the City RFP Work Scope and the Contract Proposal Work Scope shall govern
and control but only to the extent of the conflict or inconsistency and no further.
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 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 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, its employees or other consultants, contractors or agents. c. Contractor shall not perform any additional services or tasks beyond those expressly identified in the Scope Work without prior D-2
Exhibit 2 1073

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 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 October 11, 2019 Proposal Schedule, which is attached and incorporated hereto as Exhibit if C31.
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 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 each task and service performed and a grand total for all services performed within D-3
Exhibit 2 1074

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 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 subcontractors and subconsultants) possess sufficient skill, knowledge, training and experience to perform those services and tasks contemplated under this Agreement; and
All of Contractor's employees and agents (including but not limited to Contractor's subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement.

The Parties acknowledge and agree that Contractor shall perform, at Contractor's own cost and expense and without any reimbursement from City, any services or tasks necessary to correct any errors or omissions caused by Contractor's failure to comply with 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 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 D-4
Exhibit 2 1075

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. City Representative. 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 refer any decisions which must be made by City to the City Representative.
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 performance of the work, services and tasks contemplated under 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, D-5
Exhibit 2 1076

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.
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) 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.

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.
b.

Contractor warrants all materials used, equipment installed, and improvements constructed under this Agreement shall: (i) meet all conditions of the Agreement; and (ii) shall be free from all defects in design, materials 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.

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 D-6
Exhibit 2 1077

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.
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 performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without prior written consent by City. City shall grant such consent if disclosure 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, D-7
Exhibit 2 1078

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 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 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 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 harmless from any and all claims that may be made against 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. 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 D-8
Exhibit 2 1079

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 free of such discrimination. Contractor and subcontractors shall comply with 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 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, directly or indirectly, out of, in connection with, resulting from, or related to 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 passive negligence by Contractor and shall operate to fully indemnify Indemnitees 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 D-9
Exhibit 2
1080

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, 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 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.

D-10
Exhibit 2 1081

e. Contractor shall fully comply with the workers' compensation laws regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from 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 Contractor under this Agreement any 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. Insurance.
a. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force 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 -owned or hired vehicle used in connection with the performance of this Agreement with minimum limits 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: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 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 D-11
Exhibit 2 1082

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.

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.

Any deductibles or self -insured retentions must be approved by 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 liability or as full performance of 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 D-12
Exhibit 2 1083

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 following completion of the services hereunder, 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. Contractor may only terminate this Agreement for cause.
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 perform or properly perform any such duty, 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; (ii) the action required to cure the Event of Default; (iii) 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 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; (iii) 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. Contractor shall cure the following Events of Defaults within the following time periods:

D-13
Exhibit 2 1084

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 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 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 shall 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, City may submit a written request for additional time to cure the Event of Default upon a showing that City has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30 -day cure period. The foregoing notwithstanding, an Event of Default dealing with City's failure to timely pay any undisputed sums to Contractor shall be cured by City within five (5) D-14
Exhibit 2 1085

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 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 date of the suspension. No 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:

Upon written notice to Contractor, the City may immediately terminate this Agreement in whole or in part;
Upon written notice to Contractor, the City may extend the time of performance;
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 The City may exercise any other available and lawful right or remedy.

D-15
Exhibit 2 1086

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 suspension or termination of this Agreement and/or the recovery of 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 default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party 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 the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative's determination shall be final and conclusive upon the parties to this Agreement. In no event shall 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.

If to City: If to Contractor:

City of Bell Gardens
D-16
Exhibit 2 1087

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, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Contractor.

Section 22. Attorneys' Fees. In the event that City or Contractor commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, 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 D-17
Exhibit 2 1088

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. 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 26. 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 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)
D-18
Exhibit 2 1089

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:

APPROVED AS TO FORM:

By:

Rick Olivarez, City Attorney
Date:

Exhibit 2
D-19
1090

D�J
Exhibit 2
D-20
1091

FAITHFUL PERFORMANCE BOND
FOR

FORD PARK LANDSCAPE MAINTENANCE

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

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

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

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

D-21
Exhibit 2 1092

Exhibit 2
D-22
1093

MATERIAL AND LABOR BOND
FOR

FORD PARK LANDSCAPE MAINTENANCE

IN THE CITY OF BELL GARDENS
KNOW ALL MEN BY THESE PRESENTS that , as
CONTRACTOR, and , as
SURETY, are held firmly bound unto the City of Bell Gardens, as AGENCY, in the penal sum of Dollars ($ ), which is 50
percent of the total contract amount for the above -stated project, for payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.

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

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

NOTARY PUBLIC
, 20
*Provide CONTRACTOR/SURETY name, address and telephone number and the name, title, address, and telephone number for authorized representative.

D-23
Exhibit 2 1094

NONCOLLUSION AFFIDAVIT TO BE EXECUTED

BY EACH AWARDEE OF A PRINCIPAL CONTRACT

STATE OF CALIFORNIA )
)ss

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

Signed
Title
Subscribed and sworn to before me this
day of , 20 .

Notary Public
D-24
Exhibit 2 1095

GENE.' SPECIFICATIONS

SCOPE OF WORK
The work consists of continuing maintenance of public landscape planting and irrigation systems within the boundaries of the City of Bell Gardens. Furnish all labor, material, tools, equipment, and transportation required to maintain landscape planting in a healthy and attractive condition, and all irrigation systems in efficient automatic operating order.

CONTRACTOR is presumed to have, prior to bid, visited the site(s) of the proposed work and observed its conditions and to have examined these Landscape Maintenance Specifications, and is, therefore, fully informed as to the materials, labor, and workmanship required and the conditions under which they must be furnished.

General Performance Criteria
Turf. The turf shall be mowed, edged, watered, weeded, fertilized, with rodents and pests controlled to provide a lush appearance with healthy green coloration.

2. Groundcover. Groundcover areas shall be watered, weeded, fertilized, with rodents and pests controlled to provide a dense, lush appearance with a healthy green coloration.

3. Shrubs and Trees. Shrubs and trees within these areas shall likewise be cared for and pruned to promote healthy growth.

4. Parks. The playground and sports areas within the parks shall also be maintained in a clean and safe manner.

Tasks
The maintenance tasks required for performance of the contract include, but are not limited to, the following:

1. Weekly mowing;

2. Edging;

3. Watering to promote and sustain healthy growth;

4. Weed control, both hand removal, and chemical control;

5. Fertilization at regular, specified intervals; No less than quarterly, (at least 4 E-1
Exhibit 2 1096

times annually).

6. Rodent and pest control;

7. Aeration and dethatch of turf areas;

8. Pruning of trees and shrubs;

9. Complete operation and maintenance of the irrigation system;

10. Removal of trash and debris; and

11. Maintenance of play and sports areas.

CHANGES IN SCOPE
Included within the scope of work is the operation and maintenance of the irrigation system. However, due to factors outside the control of either the CONTRACTOR or AGENCY, additional damage may be sustained, the extent of which is unforeseeable. Therefore, the CONTRACTOR shall repair such damage as a portion of the work. Reimbursement for those costs above normal maintenance costs shall be as defined under extra work.

2. Refurbishment and/or major repair projects may be in process simultaneously with these maintenance operations which will require cooperation and coordination.

3. As new property is developed and accepted by the AGENCY, additions will be made to this contract to perform landscape maintenance for these areas.

Costs will be computed as outlined in Section 9.

LOCATION OF WORK
The general locations and limits of the work are as follows:
• Area 1. Ford Park
• Area 2. Sports Field
E-2
Exhibit 2 1097

CONTRACT PERIOD
The Contract Time shall be between January 27, 2020 and December 31, 2023.

There are two (2) year option periods for this contract. The yearly compensation for the option shall be adjusted up or down by the percentages of increase or decrease indicated under U. S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index, Los Angeles Area. This percentage shall be computed by the comparing of the index variation.

The percentage of increase or decrease so computed will be applied to the initial Landscape Maintenance bid, and the adjusted compensation will be paid for the entire first two (2) year option period. The compensation for subsequent two (2) year option periods will be computed in the same manner.

After the initial 36 -month contract, the City Manager is authorized to administratively extend the contract for one year periods not to exceed twenty four (24) additional months (or December 31, 2025).

The contractor shall request in writing any changes to its compensation as specified prior to the end of the option year(s) and the request must be approved by the City prior to submitting the monthly billing for the option year(s).

NOTIFICATION
The CONTRACTOR shall notify the City of Bell Gardens Public Works Department and the owners of all utilities and substructures not less than 48 hours prior to starting any construction. The following list of names and telephone numbers is intended for the convenience of the CONTRACTOR and is not guaranteed to be complete or correct:

CITY OF BELL GARDENS
Attention: Mrs. Chau Vu

SOUTHERN CALIFORNIA EDISON COMPANY
Attention: Mr. Jeffery Kline

GOLDEN STATE WATER COMPANY
Attention: Mr. Windel Wall

LOS ANGELES COUNTY PUBLIC WORKS

UNDERGROUND SERVICE ALERT
(310) 806-7770
(310) 608-5041
(323) 562-9682
(800) 773-2489
(800) 422-4133
E-3
Exhibit 2 1098

EMERGENCY INFORMATION
The names, addresses, and telephone numbers of the CONTRACTOR and subcontractors, or their representatives, shall be filed with the Director of Public Works and the City Police Department prior to beginning work.

STANDARD SPECIFICATIONS
The Standard Specifications of the AGENCY are contained in the 2009 Edition of the Standard Specifications for Public Works Construction, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California, and all amendments thereto. Copies of these Standard Specifications are available from the publisher, Building News, Incorporated, 3055 Overland Avenue, Los Angeles, California 90034, telephone (310) 202-7775.

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

TRAFFIC CONTROL MANUAL
"Manual of Warning Signs, Lights, and Devices for Use in Performance of Work upon Highways," (by Caltrans) shall be used as control for all public safety warning device placements.

GREEN WASTE RECYCLING
CONTRACTOR shall be responsible for the recycling of all green waste generated from maintenance operations within the City. Green wastes shall be diverted from County Landfill to an approved reclamation site and processed for recycling.

CONTRACTOR shall submit a Landfill Diversion Report on a Monthly basis to the City. Reports shall be filed no later than the 10th of every month for the preceding month. Reports shall be filled out in full. Failure to file the report within 15 calendar days shall result in deduction and forfeiture of $100 from payments due to the CONTRACTOR.

E-4
Exhibit 2 1099

SPECIAL PROVISIONS
PART 1
SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-2 DEFINITIONS
AGENCY: City of Bell Gardens
Board: City Council of the City of Bell Gardens
Caltrans: State of California, Department of
Transportation
Contractor: The word CONTRACTOR is supplemented
by adding thereto the following:

The term CONTRACTOR means the
CONTRACTOR as defined herein or his
authorized representative.

County:

Director:

Federal:

Inspector:

Areas of
Maintenance:

County of Los Angeles
The Director of Public Works of the City of
Bell Gardens or his authorized
representative
United States of America
The authorized representative of the Director
acting within the scope of his assigned
duties.

Areas of maintenance as categorized for this
contract:

Park. This category shall include all the are
in Ford Park only.

Turf Area. This category shall include all
areas, such as medians, parkways, and
quads that require turf-mow/edge, turf
maintenance, landscape maintenance,
irrigation, and rodent/pest control.
1-1
Exhibit 2 1100

Landscape Area. This category shall include
all areas, such as medians, slopes and
parkways that require landscape
maintenance, irrigation, and rodent/pest
control.

Hardscape Area. This category includes all
paved walks, decorative paving, mow strips,
and other paved areas within or adjacent to
median islands, parkways, and other
landscape areas included in this contract.

Entry Areas. This category includes those
landscaped areas surrounding park entry
points, usually with limits defined by sidewalk
and concrete mow strips.

Daily: Shall include the period of normal work
week, i.e., Monday through Friday.

SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-1 AWARD AND EXECUTION OF CONTRACT
Within 10 working days after the date of the AGENCY'S notice of award, the CONTRACTOR shall execute and return the following contract documents to the AGENCY:

Contract Agreement
Faithful Performance Bond
Material and Labor Bond
Public Liability and Property Damage Insurance Certificate Worker's Compensation Insurance Certificate
Failure to comply with the above will result in annulment of the award and forfeiture of the Proposal Guarantee.

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

A corporation to which an award is made may be required, before the Contract Agreement is executed by the AGENCY, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of 1-2
Exhibit 2 1101

California, and that the officers signing the contract and bonds for the corporation have the authority to do so.

CONTRACTOR is an independent CONTRACTOR, and nothing herein contained shall authorize CONTRACTOR to act as an agent of the AGENCY or to bind or obligate the AGENCY in any manner whatsoever. 2-2 SUBCONTRACTS
2-2.1: The CONTRACTOR shall be responsible for all work performed under this contract and shall keep all work under its direct control.

Any and all subcontractors used on this work shall be under the direct supervision of the CONTRACTOR and shall be considered as employees. Like employees, any subcontractor who is found to be incompetent, disorderly, troublesome, intemperate, or otherwise objectionable or who fails or refuses to perform the work properly and acceptably shall be discharged immediately and not re-employed on the work.

No payment or claim for payment from any subcontractor will be made or recognized by the AGENCY, except as provided in Assignment.

The AGENCY will not arbitrate nor be a party to any disputes between the CONTRACTOR and any subcontractor.
2-3 CONTRACT BONDS
The Faithful Performance Bond shall remain in force until the date of recordation of the Notice of Completion. The Material and Labor Bond shall remain in force until 35 days after the date of recordation of the Notice of Completion.

The CONTRACTOR shall provide the following supplemental information for each bond as required herein:
a. Surety company or agency name providing bond.
b. Name of the agent.
c. The business address of the surety company and/or agency and agent.
d. The business telephone number of the surety company and/or agency and agent.
1-3
Exhibit 2 1102

2-4 PLANS AND SPECIFICATIONS
2-4.1 Precedence of Contract Documents. The Special Provisions shall include the Bid Proposal.
2-4.2 Examination of Contract Documents. The bidder shall examine carefully the entire site of the work, including but not restricted to the conditions and encumbrances related thereto, the Plans and Specifications, and the proposal and contract forms therefore. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of the work to be performed, the quantities of material to be furnished and as to the requirements of the proposal, Plans, Specifications and the contract. 2-5 RIGHT-OF-WAYS
All work of this contract shall be performed on AGENCY rights -of -way.

CONTRACTOR shall not enter upon any adjacent property for the purpose of conducting any operations required under this contract unless the CONTRACTOR has obtained written permission from the affected property owner.
2-6 AUTHORITY OF BOARD AND DIRECTOR
The Director shall advertise, bid, approve, secure approval of the Board, and execute the contract for the required work;
Shall decide any and all questions which may arise as to claims and compensation;
Shall have authority to enforce and make effective such decisions and orders as the CONTRACTOR fails to promptly carry out;
Shall refer any question or doubt relative to the true meaning of the specifications to the City Attorney, whose decision thereon shall be final; Shall secure any separate contract required to accomplish the work and prevent loss or damage;
Shall provide control over all insurance and bonds;
1-4
Exhibit 2 1103

Shall decide any and all questions which may arise as to:
a. The quality or acceptability of the materials furnished and the work performed.
b. The manner of performance.
c. The rate of performance.
d. The interpretation of the work specifications.
e. The acceptable fulfillment of the contract on the part of the CONTRACTOR.

Shall direct the inspection and administration of the work; Shall have the authority to implement alternative action either by AGENCY forces or request separate contract to accomplish the work and prevent loss or damage based upon the urgency of the conditions; and Shall recommend and provide documentation regarding all claims and compensation.
2-7 INSPECTION
Inspection services may be furnished by the Agency on an 8 hour day and 40 hour week basis. Any additional inspection in excess of the foregoing shall be paid for by the CONTRACTOR at the premium rate hour currently in effect.
2-7.1 the daily inspection and administration of the contract work will be made by the Inspector.

Any and all questions arising regarding the performance of the work shall first be directed to the Inspector. If the question cannot be answered or if the answer is unacceptable, it will be referred by the Inspector to the Director.

All deficiency notices and calculations of payment deductions shall originate with the Inspector.

Only those Damage/Repair or Extra Work items authorized by the Inspector and cosigner, as appropriate, shall be considered for payment and all others shall be considered as unauthorized and will not be paid for.
1-5
Exhibit 2 1104

2-8 NOTICES
Any written notices to the parties to the contract shall be sufficient if they are deposited in the United States Mail in envelopes, postage prepaid, by registered mail, addressed as follows:

AGENCY
City of Bell Gardens
Director of Public Works
8327 South Garfield Avenue
Bell Gardens, California 90201

CONTRACTOR
Address as appears on executed contract documents.

SECTION 3 - CHANGES IN WORK

3.2 Changes initiated by the Agency
3-2.1.1 Additions/Deletions.
a. Change in the areas to be maintained may be made as the AGENCY accepts new areas and/or relinquishes currently
maintained areas.

Any and all such changes shall only be made upon written notification in the form of a change order which shall clearly state the effective date of the change.

Due to acceptance time frame difficulties it will not always be possible to have the actual change to the
CONTRACTOR on the effective date.

In lieu of the actual change order, the Request for
Quotation with the contract unit prices, the effective date, and signed by the Director may be substituted.

This shall apply only to those cases where the unit prices are established in the contract or where the
CONTRACTOR has submitted an acceptable quotation to
the AGENCY.
b. Costs for Additions/Deletions
Turf Areas and Landscape Areas:
1-6
Exhibit 2 1105

The costs used for computing of the change shall be those stated on the Request for Quotation, per unit per month.

The unit area shall be taken from the tract maps or
improvement plans and shall be based upon horizontal
projections of the area.

Park Areas:

Upon completion of any new park facilities, the
CONTRACTOR will be requested to review the site.

Any new specifications and a Request for Quotations shall also be reviewed, completed, and returned to the Director.

All costs shall be approved by the AGENCY prior to
implementation.

The AGENCY reserves the right to award to a separate
contract for any or all new park facilities.
c. The effective date for all additions/deletions shall be the first of the month, except in an extreme case when mid - month (the 15th) is absolutely necessary.
3-2.1.2. Changes in Contract Specifications.
a. Changes in contract specifications with no corresponding changes in compensation:

Changes in this category shall be changes for clarity or of a minor nature with no impact on contract costs.

In all cases these changes must be accepted by the
CONTRACTOR and the AGENCY.
b. Changes in contract specifications with a corresponding change in compensation.

Changes in this category shall be changes where a change in the scope of work is necessary.

Changes in this category would include, but not be limited to additions, deletions, new work, or special requirements for a particular area of work.
1-7
Exhibit 2 1106

In all cases these changes must be mutually acceptable to both the CONTRACTOR and the AGENCY.
c. Implementing these changes:

The proposed change shall be prepared by the AGENCY
with assistance by the CONTRACTOR if appropriate.

The Director shall submit the change to the
CONTRACTOR in the form of a Request for Quotation.

The CONTRACTOR shall review the request and prepare
a quotation which shall be returned to the Director.

If the quotation is acceptable to the AGENCY, the change will be implemented.

If the quotation is unacceptable, the Director and the
CONTRACTOR shall attempt to negotiate a solution which
will be implemented.

If no solution is reached, the AGENCY may either drop the request or seek other means of accomplishment.
3-2.2 Payment.
3-2.2.1 Contract Unit Prices.

The Agency reserves the right to increase or decrease the amount of any quantity shown and to delete any item from the contract.
3-3 EXTRA WORK
3-3.1 Authorization
3-3.1.1 Extra work may be required by the AGENCY to
remedy vandalism, accidents, Acts of God, theft, or civil disturbances within the areas covered by the contract. Extra work may also be required to perform regular items of work where special conditions dictate that a frequency greater than that specified is necessary.

Extra work will be required by the AGENCY in order to add new, to modify existing, or to refurbish existing landscaping and/or irrigation.
1-8
Exhibit 2 1107

3-3.1.2. Prior to performing any extra work, the
CONTRACTOR shall prepare and submit a written description of the work with an estimate of labor, materials, tools, and equipment.

No work shall commence without the written authorization of the Inspector.

The only exception shall be when a condition exists wherein there is imminent danger of injury to the public or damage to property, in which case a verbal estimate and authorization may be used. Within 24 hours after verbal authorization, the written estimate with approval shall be prepared.
3-3.1.3. All overtime must receive prior written approval of the Inspector and must be clearly indicated on authorization. 3-3.1.4. After the approval of work and estimate, the
CONTRACTOR shall:
a. Commence and complete irrigation work within 12 hours on major components and 48 hours on minor components;
OR
b. Commence work within 48 hours and proceed diligently to completion;
OR
c. Commence work on the specific date established and
complete within the time allotted.
1-9
Exhibit 2 1108

3-3.2 Payment.
3-3.2.1 General. Payment for extra work by cost plus a
differential for labor, materials and equipment shall be considered payment under force account basis. The labor, materials and equipment provided shall be subject to the approval of the Director and compensation will be determined as provided herein.
3-3.2.2.(b) Materials
The base cost for materials shall be for actual materials used to perform the extra work.

2. The cost of all materials shall be the wholesale cost of the materials.

The wholesale cost shall be the actual costs paid by the CONTRACTOR, reflecting the best price, including
discount available.

At no time shall the cost of materials exceed the retail cost from the current price list minus the discount rates quoted in the bid.

3. The CONTRACTOR shall complete the certification
statement on materials cost and submit with each
monthly extra work invoice.

4. Audit:

Periodically the AGENCY will compare the
cost of materials invoiced against current
retail price list and CONTRACTOR'S
discount.
• If a discrepancy exists, the AGENCY may
initiate an audit of past material invoices.

The CONTRACTOR shall pay for all audit
costs whether by AGENCY, staff, or private
agency required to the extent of materials
overcharge.

The CONTRACTOR shall reimburse the
AGENCY for all overcharges to include $25
for each item overcharged.
1-10
Exhibit 2 1109

5. The total cost of materials shall include:

Wholesale cost (retail cost minus
CONTRACTOR'S discount).

Applicable sales taxes.

A markup of 15 percent for all overhead and
profits.

All materials used in extra work shall be new and
identical to existing materials unless directed otherwise by the Inspector. Plant material shall be healthy, free of disease and pests, of the proper species, designated
size and not root bound.
3-3.2.3. (d) Other Items.

Subcontractors:

Labor, equipment, materials, and/or services which are
different in their nature from those required for the work specified in this contract and which are not ordinarily available from the CONTRACTOR may be authorized by
the AGENCY and performed by subcontract.

Prior to the use of any subcontractor, the CONTRACTOR
shall list the name and address of the proposed
subcontractor and description of the work to be performed with an estimate of cost.

No subcontractor shall be utilized for performance of extra work without prior authorization by the Inspector.
3-3.4 Additional Mows
3-3.4.1. General. On occasion, special circumstances may exist which dictate that the frequency of mowing required in certain areas is greater than that specified in these
documents. On these occasions the Inspector may require the CONTRACTOR to perform an additional mow.

CONTRACTOR shall be notified in writing by the Inspector 7 days prior to the required date the Additional Mow is to be performed.
1-11
Exhibit 2 1110

Notification shall include:

1. Date Additional Mow is required.

2. Number of acres to be mowed.

3. Location of area to be mowed.

Acreage and boundaries of the area identified as requiring an Additional Mow shall be determined as described in Inventory.

Upon receipt of written notification the CONTRACTOR shall indicate the additional mow on the next weekly schedule to be submitted.

Performance of Additional mow shall be in accordance with Mowing: Section M-5
3-3.4.2. Cost Criteria.

CONTRACTOR shall include all costs for furnishing all labor, equipment, transportation, and overhead costs for performing the additional mow.

No adjustment in price will be granted during the base term of the contract but may be reviewed for renewal terms.
3-3.4.3. Invoicing
At the end of each month, CONTRACTOR shall submit an invoice which shall summarize all additional mows completed during that month.

Invoices shall be submitted in duplicate.

Invoices shall be submitted on standard company letterhead forms and shall state:
1 Invoice number

2. Invoice period (dates)

3. Total amount requested.

Attached to each invoice shall be a copy of the Monthly Invoice - Performance form provided by the AGENCY which shall be
completed and accurately reflect all work performed.
1-12
Exhibit 2 1111

Copies of all additional mow authorizations shall be attached to the invoice.
3-4 NOTICE TO SURETIES
The CONTRACTOR shall notify his sureties and the carriers of the insurance furnished and maintained by him of any changes affecting the general scope of the work or change in the contract price, or time, or a combination thereof, and the amount of the applicable bonds and the coverage of the insurance shall be adjusted accordingly. The CONTRACTOR shall furnish proof of such adjustments to the AGENCY.
1-13
Exhibit 2 1112

EXTRA WORK AUTHORIZATION

LANDSCAPE MAINTENANCE CONT CT
Date:

LOCATION:

C.O. No.

Control No.

DESCRIPTION OF WORK:

CONTROLLER:

Inspector Authorization:
($500.00 Limit) Date:

Public Works Director Authorization:
(over $500) Date:

SUBCONTRACTOR: ADDRESS:

MATERIAL:

QTY: ITEM: ESTIMATE: ACTUAL: QTY: ITEM: ESTIMATE: ACTUAL:

EQUIPMENT:

HRS. HRS.

HRS. HRS.

RATE: $ /HR. $ $ RATE: $ /HR. $ $
LABOR:

LANDSCAPE MAINT. HRS. HRS. _
WORKER $ /HR. $ $
ESTIMATED EXTRA WORK COST: ACTUAL EXTRA WORK COST:

MATERIALS: S MATERIALS:

EQUIPMENT: $ TAX:

LABOR: $ 15% MARKUP:

TOTAL: $ TOTAL: $ _
Exhibit 2 1-14 1113
HRS. HRS.

EQUIP:
15% MARKUP: $
LABOR: $

ADDITIONAL MOW AUTHORIZATION

LANDSCAPE MAINTENANCE CONT CT
Date:

Inspector Authorization
($500.00 Limit) Date:

Public Works Director Authorization
P. O. No. (over $500) Date:

CONTRACTOR
AREA (S) TO BE MOWED: LOCATION CONTROLLER NO. ACRES COST/ACRE Required Date: Total Cost
Reason for Additional Mow:

Exhibit 2
1-15 1114

SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.1 General.

The CONTRACTOR and all subcontractors, suppliers, and vendors shall guarantee that the entire work will meet all requirements of this contract as to the quality of materials, equipment, and workmanship.

The CONTRACTOR, at no cost to the AGENCY, shall make all repairs or replacements made necessary by defects in materials, equipment, or workmanship that become evident within 1 year after the date of recordation of the Notice of Completion. Within this 1 year period, the CONTRACTOR shall also restore to full compliance with requirements of this contract any portion of the work which is found to not meet those requirements. The CONTRACTOR shall hold the AGENCY harmless from claims of any kind arising from damages due to said defects or noncompliance. The CONTRACTOR shall make all repairs, replacements, and restorations within 5 working days after the date of the Engineer's written notice.

The CONTRACTOR shall furnish all the necessary materials and supplies required to complete the work as specified herein.

All materials and supplies shall be new, high quality, free of defects, and designed for the intended use and shall be subject to the Inspectors' approval.

Required materials and supplies shall include, but not be limited to chemicals for weed control, rodent/pest control, and tree pests/disease, fertilizers, grass seeds, tree stakes and ties, irrigation equipment small parts, sand, and drinking fountain parts. 4-1.4 Test of Materials.

Except as elsewhere specified, the AGENCY will bear the cost of testing material and/or workmanship which meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions. The cost of all other tests, including the retesting of material or workmanship that fails to pass the first test, shall be borne by the CONTRACTOR.
4-1.6 Trade Names or Equals
Written approval of equipment and materials offered as equivalents to those specified must be obtained from the Director prior to installation.

Exhibit 2
1-16
1115

SECTION 5 - UTILITIES
5-1 LOCATION
The location and existence of any underground utility or substructure was obtained from a search of available records. No guarantee is made or implied that the information is complete or accurate. It shall be the CONTRACTOR'S responsibility alone to determine the exact location of underground utilities or substructures of every nature and to protect them from damage.

SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
6-1.1 General. After notification of award and prior to start of any work, the CONTRACTOR shall submit to the City for approval its proposed maintenance schedule. The maintenance schedule shall be in the form of a tabulation, chart, or graph and shall be in sufficient detail to show the chronological relationship of all activities of the project including, but not limited to, estimated starting and completion dates of various activities, and submittal to the City for approval.

The maintenance schedule shall reflect performance of all work under the Contract within specified times and in accordance with these Specifications.

Prior to issuing the Notice to Proceed with the Work, the Director will schedule a meeting with the CONTRACTOR to review the proposed schedule and delivery dates, discuss performance methods, and clarify inspection procedures.

Unless otherwise provided, the Contract time shall commence upon the date of issuance of a Notice to Proceed. The work shall start on the date noted in the Notice to Proceed, and be diligently prosecuted at all times during the contract period.

If the CONTRACTOR desires to make a major change in the method of operations after commencing maintenance, or if the schedule fails to reflect the actual progress, the CONTRACTOR shall submit to the City a revised maintenance schedule in advance of beginning revised operations.

On the 15th and 30th date of each month, or the immediately preceding working day should such day fall on a holiday or weekend, the CONTRACTOR and City shall review the progress of the work. 1-17
Exhibit 2 1116

The CONTRACTOR shall furnish a progress report for review and approval by the City as a condition of payment. The report shall indicate conformance of the work to the approved Schedule of Work and any recommended changes to the Schedule.
6-1.2 Annual Schedule. The annual schedule, which is provided in these documents, indicates the time frames when items of work shall be accomplished.

The CONTRACTOR shall submit revised schedules when actual performance differs substantially from planned performance. 6-1.3 Weekly Schedule. The weekly schedule forms, which will be provided by the CONTRACTOR and approved by the City, indicate the major items of work and further delineate the time frames for accomplishment by day of the week and by morning and afternoon.

The CONTRACTOR shall complete the schedule for each item of work and each area of work.

The initial schedule shall be submitted on or by the effective date of the contract. Thereafter it shall be submitted weekly on the day mutually agreed upon by the CONTRACTOR and the Inspector.

Failure to supply the weekly schedule shall result in the deduction and forfeit of $100 from payments to the CONTRACTOR for every calendar day the schedules are not received.

Changes to the schedule shall be received by the Inspector at least 12 hours prior to the scheduled time for the work.

Failure to notify of a change and/or failure to perform an item of work on a scheduled day may result in deduction of payment for that date or work even though the work is performed on a subsequent day.

The CONTRACTOR shall adjust his schedule to compensate for all holidays.
6-1.4 Daily Reports. The CONTRACTOR shall report to the Inspector at the beginning of each working day to confirm schedules and locations of work. A Daily Maintenance Field Report shall be submitted to the Inspector at the end of each day to certify progress.

Exhibit 2
1-18
1117

DAILY FIELD REPORT
Date:

Foreman:

Crew Size:

Weather Conditions:

1. Medians:

2. Edison Right -of -Ways:

3. Entry Islands:

4. 5. Tree Care: Not a part
Hardscapes:

6. Irrigation System Repair and Check:

7. Contract Tasks:

8. Miscellaneous:

9. Unfinished Tasks:

10. Comments:
6-1.5 Performance during Inclement Weather.

During the periods when inclement weather hinders normal operations, the CONTRACTOR shall adjust his work force in order to accomplish those activities that are not affected by weather.

The prime factors in assigning work shall be the safety of the work force and damage to landscaping, in that order.

Failure to adjust the work force to show good progress on the work shall result in deduction of payments to reflect only the work actually accomplished.
6-1.6 Performance on Schedule
6-1.6.1 The CONTRACTOR has been provided the maximum
latitude in establishing work schedules which correspond to its manpower and equipment resource. The CONTRACTOR has
also been provided the opportunity and procedure for
adjusting those schedules to meet special circumstances.

Exhibit 2
1-19
1118

Therefore, all work shall be completed on the day scheduled (as shown on the weekly schedule).
6-1.6.2 Failure to complete the work as scheduled will result in the following actions:
• The sum of $100 per day will be deducted and forfeited from payments to the CONTRACTOR for each instance
where an item of work is not completed in accordance with the schedule or specifications, except for
mowing/mechanical edging which shall be $100 per
instance.
• For minor deficiencies: an additional amount equal to the percentage incomplete times the value for each item from the Payment Deduction Schedule will also be deducted
from payments to the CONTRACTOR.
• For major deficiencies: an additional amount equal to the costs incurred by completion of the work by an alternate source whether it be AGENCY forces or separate private
CONTRACTOR, even if it exceeds the contract unit price, will be deducted.
• These actions shall not be construed as penalty but as adjustment of payment to the CONTRACTOR for only the
work actually performed or as the cost to the AGENCY for inspection and other related costs from the failure by the CONTRACTOR to complete the work according to
schedule.
6-1.6.3 On certain activities the CONTRACTOR will be
granted partial payment when it completes the work, after the scheduled time, yet still within acceptable limits. These activities, partial payments, and time limits are shown on the Payment Deduction Schedule.
6-2 PROSECUTION OF WORK
Add the following:
6-2.1 Deficient Performance; The CONTRACTOR shall be notified both verbally and in writing each time its performance is unsatisfactory and corrective action is necessary.

The CONTRACTOR shall complete corrective action within the following time frames subsequent to verbal notification:

Exhibit 2
1-20
1119

Major irrigation within 12 hours.

Other Irrigation within 48 hours.

Other deficiencies within 7 days.

Failure to correct the deficiency within the time specified shall result in the deduction of payment as provided on Payment Deduction Schedule.

In addition, the sum of $100 per day for each day completion is delayed shall be deducted and forfeited from payments to the CONTRACTOR.

6.2.2 Daily Contact. The CONTRACTOR shall notify the inspector of its presence at the beginning of and end of each working day.

Such notification shall include the location(s) of work for that day. 6-3 SUSPENSION OF WORK

6.3.1 General. Add the following:

For reasons to include, but not limited to, renovation, refurbishment or extreme damage, it may not be possible to continue work on areas originally included in the contract work.

In these cases, the work in these areas may be suspended until such time as the area is again in such condition the landscape maintenance operations may be resumed.

Costs to be deducted from normal payments will be computed in the same manner as additions.
6-4 TERMINATION OF CONTRACT
For the Convenience of the AGENCY - Based on discontinued need for the work or reductions in funding, the contract may be terminated upon 30 days written notice; where after a prompt and fair settlement will be made with the CONTRACTOR based on actual expenses and reasonable profit, not to include anticipated profit.
6-5 DELAYS AND EXTENSIONS OF TIME
6-5.1 Written Notice and Report.

If the Contractor desires payment for a delay as specified in Subsection 6-6.3 of the Standard Specifications, it shall notify the Director in writing within 3 days of beginning of the delay. If the Exhibit 2
1-21
1120

Contractor desires an extension of time as specified in Subsection 6-

6.2 of the Standards Specifications, it shall notify the Director in writing within 3 days of beginning of the delay. Such notice shall specify the nature of the delay, cause and the conditions which set the beginning time for the delay.
6-6 TIME OF COMPLETION
6-6.1 General
The time for completion shall be as noted in the General Specifications.
6-6.2 Working Day. The CONTRACTOR'S activities shall be con- fined to the hours between 8 a.m. and 4 p.m., Monday through Friday, excluding holidays. Deviation from these hours will not be permitted without the prior consent of the Director, except in emergencies involving immediate hazard to persons or property. In the event of either a requested or emergency deviation, inspection service fees will be charged against the CONTRACTOR. The service fees will be calculated at overtime rates, including benefits, overhead, and travel time. The service fees will be deducted from any amounts due the CONTRACTOR.
6-6.3 Contract Time Accounting. Work delayed due to inclement weather shall be completed as soon as weather permits. Scheduled operations shall not be skipped or forgiven due to inclement weather. 6-7 LIQUIDATED DAMAGES
Liquidated damages do not apply.
6-8 REDUCTIONS
This contract may be reduced in scope and quantity by the AGENCY without liability for damages, if and when park improvements or funding reductions are enacted by law, or action of the public, Federal or State authorities.

At such time that a reduction occurs, the scope of work and areas under contract will be revised and reduced commensurate with the park improvements or funding.

Adjustment of the contract specifications and corresponding contract prices will be maintained or negotiated in accordance with park improvements or available funding.

Exhibit 2
1-22
1121

SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES
7-1.1 A noise level limit of 86 dbA at a distance of 50 feet shall apply to all construction equipment on or related to the job whether owned by the CONTRACTOR or not. The use of excessively loud warning signals shall be avoided, except in those cases required for the protection of personnel.
7-1.2 The CONTRACTOR shall furnish all the equipment and tools required to perform the work as described herein.

The CONTRACTOR shall use standard heavy-duty landscape
maintenance equipment. The equipment shall not be older than equipment model year 2000. This equipment shall be utilized for AGENCY maintenance throughout the term of the contract.

Such equipment and facilities shall meet all requirements of applicable ordinances and laws.

Older landscape maintenance equipment may be substituted for periods not to exceed 5 days at such times when the newer equipment is temporarily out of service for reasons of maintenance or repair. The AGENCY must be notified of this substitution prior to the older equipment being used. Requests to substitute older equipment for periods in excess of 5 days shall be submitted in writing to the Director.

The names of the CONTRACTOR or the other commercial
advertising matter shall not be displayed by signs or banners or other temporary means at the project.

The CONTRACTOR'S name, logo, etc., as normally displayed on trucks and equipment is not prohibited.
7-1.3 Equipment Maintenance. All equipment used by the
CONTRACTOR shall be kept in a neat and clean appearance, maintained in top mechanical condition, and properly adjusted from an operational and safety standpoint. The CONTRACTOR shall at all times maintain adequate standby landscape maintenance equipment to be used in the event of equipment breakdown.
7-1.4 Equipment Storage. The AGENCY does not have sites suitable for storage of landscape maintenance equipment. The CONTRACTOR is responsible to make storage arrangements.

Exhibit 2
1-23
1122

7-1.5 Minimum Equipment Requirements:

The CONTRACTOR is required to furnish the Director a complete list of company equipment to be used for this project prior to release of the Notice to Proceed.
7-1.6 Transportation.

All tools, equipment, and labor are to be transported in CONTRACTOR'S vehicles which shall be clearly marked with the CONTRACTOR'S name and logo, and maintained in a neat and clean condition.

No personal vehicles shall be permitted at any site of work, nor shall any personal vehicle be used to transport workers, tools, or equipment to or between sites of work.

Personal vehicle shall mean any vehicle not directly owned or leased by the CONTRACTOR or its subcontractors and not displaying its business affiliation.
7-2 LABOR
7-2.1 General.
7-2.1.1 Personnel.

Foremen: The CONTRACTOR shall provide foremen who
communicate effectively both in written and oral English and who shall be present at all times during contract operations.

Any order or communication given to these foremen shall be deemed as delivered to the CONTRACTOR.

Workmen: No workman shall be employed on any work under these specifications that is found to be incompetent,
disorderly, troublesome, intemperate, or otherwise
objectionable. Any employee who fails or refuses to perform the work properly and acceptably, as determined by the
Inspector, shall be discharged immediately and not re-
employed on the work.

Uniform: CONTRACTOR shall provide uniforms and name
badges for all field personnel which shall be worn at all times during performance of the work.
7-2.2 Laws. The CONTRACTOR, and all subcontractors, suppliers and vendors, shall comply with all AGENCY, State and Federal orders regarding affirmative action to ensure equal employment Exhibit 2
1-24
1123

opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments.

The CONTRACTOR shall ensure unlimited access to the job site for all equal employment opportunity compliance officers.
7-2.3 Records. CONTRACTOR shall maintain an accurate record showing name, employee number, classification, actual hours worked, and actual wages and benefits paid per diem to each employee.

These records shall reflect all workmen engaged in the performance of the work in accordance with the provisions of Section 1776, 1812, and 1852 of the Labor Code.

Said records shall be available upon request of the AGENCY and shall be retained for a minimum of 3 years by the CONTRACTOR. 7-3 LIABILITY INSURANCE
The first four paragraphs of Section 7-3 are amended to read as follows:

The CONTRACTOR shall furnish the AGENCY a policy or certificate of liability insurance in which the AGENCY and all of its officers, consultants, and agents are named insured or are named as an additional insured with the CONTRACTOR. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached thereto, the AGENCY and all of its officers, consultants, and agents shall be the insured or named as an additional insured covering the Work, whether liability is attributable to the CONTRACTOR or the AGENCY or its officers, consultants, or agents. The policy shall insure AGENCY and all of its officers, consultants, and agents, including, while acting within the scope of their duties on the Work, against all claims arising out of or in connection with the Work, except as provided for in Subsection 6-10.

The CONTRACTOR may file insurance acceptable to the AGENCY covering more than one project. The coverage shall provide the following minimum limits:

Insurance Coverage Requirements
Comprehensive General Liability
Project/Completed Operations Hazard
Comprehensive Automobile Liability
Contractual General Liability
Limit Requirements
$1,000,000
$1,000,000
$1,000,000
$1,000,000
Exhibit 2
1-25
1124

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

Except as provided for in Subsection 6-10, the CONTRACTOR shall save, keep, and hold harmless the AGENCY and all of its officers, consultants, and agents from all damages, costs or expenses in law or equity that may at any time arise or be set up because of damages to property, or of personal injury received by reason of or in the course of performing work, which may be caused by any willful or negligent act or omission by the CONTRACTOR, any of the CONTRACTOR'S employees, or any Subcontractor. The AGENCY and all of its officers, consultants, and agents will not be liable for any accident, loss or damage to the Work prior to the completion or acceptance, except as provided for in Subsection 6.10.
7-3.1 Summary of Requirements. Certificates of Insurance shall be submitted within 12 days after request.

Policies to be at least standard coverage by insurers admitted to operate within California.

The AGENCY shall be named as additional insured.

Mandatory 30 day written notice of change or cancellation. 7-3.2 CONTRACTOR shall maintain insurance coverage appropriate to protect against all risks arising from, or connecting in any manner with the work, acceptable to the AGENCY. Insurance shall be effective on the first day of the contract. The policy or policies shall be underwritten by insurers admitted to operate in the State of California, or acceptable to the Department of Insurance, on forms no less broad in coverage than standard forms. Each policy of insurance shall name the AGENCY as additional insured.
7-3.3 CONTRACTOR shall provide for 30 calendar days written notice to AGENCY of cancellation, material change, and/or intention not to renew; allow for severability of interests of CONTRACTOR and the AGENCY; be primary and noncontributing with maintained or self - insured by the AGENCY; and be endorsed with a standard waiver of subrogation in favor of the AGENCY.
7-3.4 CONTRACTOR agrees to deposit with the AGENCY before the time coverage is required to be in effect, certificates of insurance in duplicate to satisfy the AGENCY that insurance provisions have been complied with and to keep such insurance in effect and certifications thereof on deposit with the AGENCY during the entire term of the contract. Certificates shall be furnished within 12 calendar days, excluding Sundays and holidays after request by the AGENCY.

Exhibit 2
1-26
1125

7-3.5 CONTRACTOR agrees to furnish certified copies of insurance policies if required by the AGENCY when certificates are deemed inadequate by the AGENCY.
7-3.6 The AGENCY shall retain the right at anytime to review the coverage, form and amount of the insurance required. If, in the opinion of the AGENCY, the insurance provisions do not provide adequate protection for the AGENCY, and for members of the public exposed to risk arising from work, the AGENCY may require the CONTRACTOR to obtain insurance sufficient in coverage, form, and amount to provide adequate protection. AGENCY requirements shall be reasonable, but designed to assure protection from and against the kind and extent of the risks which exist or may be foreseen at the time a change of insurance is required.
7-3.7 The AGENCY shall notify the CONTRACTOR of any required changes in insurance requirements. Should the CONTRACTOR fail to deposit copies of acceptable insurance certificates or policies incorporating such changes within 60 calendar days from receipt of notification, such failure shall entitle the AGENCY to all legal remedies.
7-3.8 The procuring of the required policy or policies of insurance shall not be construed to limit the CONTRACTOR'S liability nor to fulfill the indemnification provisions and requirements.

Notwithstanding said policy or policies of insurance, CONTRACTOR shall be obligated for the full and total amount of any damage, injury, or loss caused by negligence.
7-3.9 CONTRACTOR shall, when requested by the AGENCY,
provide all information necessary to the defense of claims or suits, and shall refrain from any acts or statements to others which could be prejudicial to such defense.
7-3.10 Entire limits of liability maintained must be certified but in no event shall limits be less than specified. Any aggregate limitation of liability shall be separate as to the risks arising out of this contract. 7-4 PERMITS
The text of Subsections 7-4 of the Standard Specifications is hereby deleted and replaced with the following:

Prior to the start of any work, the CONTRACTOR shall take out the applicable AGENCY permits and make arrangements for AGENCY inspections. The AGENCY will issue the permits at no charge to the Exhibit 2
1-27
1126

CONTRACTOR.* The CONTRACTOR and all subcontractors shall each obtain an AGENCY business license, and shall be licensed in accordance with State Business and Professions Code. CONTRACTOR shall have and maintain during the term of the Contract, appropriate State License (California C-27) and Pest Control Applicator License. The CONTRACTOR shall also obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or entity.

The CONTRACTOR shall pay all cost incurred by the permit and license requirements.

Subcontractors will be required to obtain all permits, including AGENCY permits, and pay the required fees.
7-5 COOPERATION AND COLLATERAL WORK
The CONTRACTOR shall recognize that during the course of the Contract other activities and operations will be conducted by AGENCY forces and other CONTRACTORS. These activities will include, but are not limited to, landscape refurbishment, irrigation system modification or repair, construction, and storm related operations.

The CONTRACTOR may be required to modify or curtail certain operations and shall promptly comply with any request by the Inspector to cooperate.

It is possible that extent of these requests may cause additional expense to the CONTRACTOR. Payment for any additional expense will be made in accordance with Extra Work - Section 3.
7-6 PROJECT SITE MAINTENANCE
Throughout all phases of maintenance, the CONTRACTOR shall keep the project sites clean and free from rubbish and debris. The CONTRACTOR shall also abate dust nuisance. Materials and equipment shall be removed as soon as they are no longer necessary. All clean-up costs shall be included in the CONTRACTOR'S Bid. 7-7 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The second paragraph of Subsection 7-7 of the Standard Specifications is hereby deleted and replaced with the following:

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

Exhibit 2
1-28
1127

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

Relocations, repairs, replacements or reestablishments shall be at least equal to the existing improvements and shall match such improvements in finish and dimensions unless otherwise specified.

The last paragraph of Subsection 7-9 of the Standard Specifications is hereby deleted and replaced with the following:

All damage incurred to existing facilities by the CONTRACTOR'S operations shall be repaired or replaced at CONTRACTOR'S expense.
7-7.1 All repairs shall be completed within the following time limits:

Irrigation or utility damage shall be repaired prior to the end of the work day.

All damage to facilities, shrubs, trees, or turf shall be repaired or replaced within 5 working days.
7-7.2 All damage repairs shall be completed in accordance with the following:
7-7.2.1 Turf. Damage to any turf area shall be corrected by replacement with sod (not reseeding).
7-7.2.2 Trees.
a. Minor damage such as bark lost from impact of mowing equipment shall be remedied under the supervision of a
Certified Arborist.
b. If damage results in loss of tree, the damaged tree shall be removed and replaced with a tree of the same species and size.
7-7.2.3 Shrubs
a. Minor damage may be corrected by appropriate pruning. b. Major damage shall be corrected by removal of the
damaged shrub and replacement with the same species
and size.

Exhibit 2
1-29
1128

7-7.3 All damage resulting from chemical operations, either spray drift or lateral leaching, shall be repaired in accordance with the above.
7-7.4 All repairs shall meet the approval of the Inspector. 7-8 PUBLIC CONVENIENCE AND SAFETY
7-8.1 Public Safety
Add the following:
7-8.1.1 CONTRACTOR agrees to perform all work outlined in this contract in a manner to meet all accepted standards for safe practices during operations and to maintain safe
conditions of premises and right-of-ways at all times, including safely stored equipment machines, materials or debris,
protected excavations, or other hazards consequential or related to his work. CONTRACTOR agrees additionally to
accept the sole responsibility for complying with all local, County, State, or other legal requirements, including but not limited to, full compliance with the interest and terms of the applicable OSHA and Cal/OSHA safety orders at all times to protect all persons, including CONTRACTOR'S employees,
agents of the AGENCY, vendors, members of the public, or others from foreseeable injury or damage to their property.

All conditions and occurrences out of the norm shall be initially and immediately reported by the CONTRACTOR by
telephone, followed by confirmation in writing to the Inspector, including but not limited to accidents, injuries, damages, crimes, thefts, vandalism, hazards, etc.

The CONTRACTOR shall be responsible from the time of the beginning operations, for all injury or damage of any kind resulting from said operations to persons or property
regardless of who may be the owner of the property. In
addition to the liability imposed upon the Contract on account of personal injury (including death) or property damage suffered through the CONTRACTOR'S negligence, the
CONTRACTOR assumes the obligation to save the AGENCY
harmless and to indemnify the AGENCY from every expense, liability or payment arising out of or through injury (including death) to any person or person or damage to property
(regardless of who may be the owner of the property) of any place in which work is located or connected therewith, arising out of or suffered through any act or omission of the
Exhibit 2
1-30
1129

CONTRACTOR, any subcontractors, or anyone directly or
indirectly employed by or under the supervision of
CONTRACTOR or Subcontractor in the prosecution of the
operations included in this contract.
7-9 ADVERTISING
Removable signs continuing the CONTRACTOR'S or subcontractor's name or commercial advertising shall not be permitted.
7-10 LAWS TO BE OBSERVED
7-10.1 Water Conservation. Whenever possible, the use of water shall be minimized, particularly during cleanup operations. All irrigation and water supply systems shall be kept in good working condition and leaks shall be repaired promptly. Nothing in this section shall relieve the CONTRACTOR from adequately maintaining landscaped areas in accordance with these Specifications. 7-10.2 Air Pollution. In accordance with the provisions of Sections 11017 and 14381 of the Government Code, the CONTRACTOR shall comply with all air pollution control rules, regulations, ordinances, and statutes.

SECTION 8 - FACILITIES FOR AGENCY PERSONNEL
8-1 General. Amend as follows:
8-1.1 No field offices for AGENCY personnel shall be required; however, the AGENCY personnel shall have the right to enter upon the project at all times and shall be admitted to the offices of the CONTRACTOR.
8-1.2 The CONTRACTOR shall maintain an office or base of operations within 30 miles of Bell Gardens. The only exception will be if the CONTRACTOR can fully demonstrate that it is capable of meeting all of the requirements, including emergency operations specified herein.

The CONTRACTOR shall maintain a telephone communications system such that:
24 -hour emergency notification is possible.

All calls are returned within 1 hour.

All calls are toll free from the City of Bell Gardens
Exhibit 2
1-31
1130

SECTION 9 - MEASUREMENT AND PAYMENT
9-1 PAYMENT
9-1.1 Partial and Final Payment
9-1.1.1 Invoicing. At the end of each month, the CONTRACTOR shall submit a completely itemized invoice based on work completed that month.
a. Invoices shall be submitted in duplicate.
b. Invoices shall be submitted on standard
Company letterhead forms and shall state:
1) Invoice number
2) Invoice period (dates)
3) Total amount requested
c. Attached to each invoice shall be a copy of the Monthly Invoice Performance form provided by the AGENCY which shall be complete and accurately reflect work performed.
d. Invoices shall be delivered to the Director.

Payment will be made subject to approval by the AGENCY
and normal processing requirements, usually 4 weeks.
9-1.1.2 Deductions. Deductions from monthly performance payments shall be divided into four categories:
. Performance on Schedule:
a. Failure of the CONTRACTOR will result in
damages in the additional inspection, administration, and complaints by the public being sustained by the AGENCY.
b. The sum of $100 per day will be deducted
and forfeited from payments to the CONTRACTOR for each instance where an item of work is not completed in accordance with the schedule or Specifications, except for mowing/mechanical edging which shall be $100 per instance.

Exhibit 2
1-32
1131

2. Minor Deficiencies:
a. An additional amount equal to the
percentage incomplete times the value for each item from the Payment Deduction Schedule will also be deducted and forfeited from payments to the CONTRACTOR.
b. On certain activities the CONTRACTOR will
be granted partial payment when it completes the work after the schedule time yet still within acceptable limits. These activities, partial payments and item limits are shown on the Payment Deduction Schedule.

3. Major Deficiencies:
a. An additional amount equal to the costs
incurred by completion of the work by an alternate source whether it be AGENCY forces or separate private CONTRACTOR, even if it exceeds the contract unit price, will be deducted and forfeit from payments to the CONTRACTOR.
b. Whenever immediate action is required to
prevent impending injury, death, or property damage, and precautions which are not reasonably expected to be taken, AGENCY may, after reasonable attempt to notify the
CONTRACTOR, cause such precautions to be taken and shall charge the cost thereof against the CONTRACTOR, or may deduct such cost from any amount due or become due from AGENCY.

AGENCY action or inaction under such circumstances shall not be construed as relieving the CONTRACTOR or its surety from liability.

4. Inspection/Administration Cost Limitation - Section 2-10 These actions shall not be construed a penalty but as
adjustment of payment to the CONTRACTOR for only the work actually performed, or as the cost to the AGENCY for inspection and other related costs from the failure of the CONTRACTOR to complete the work according to schedule.

Exhibit 2
1-33
1132

9-1.1.3 Payment Deduction Schedule
Bid Item
Categories*
I. Turf - Mow/Edge
Mow
75%
1 Mechanical Edge
25%
1 Chemical Edge
I I . Turf - Maintenance
5%
2 Weed Control - Hand
10%
1 Weed Control -
Chemical
10%
1 Fertilization
50%
2 Reseed
10%
3 Aerate
10%
10%
3 3
Dethatch
I I I . Landscape
Maintenance
Weed Control - Hand
5%
1 Weed Control -
Chemical
5%
1 Fertilization
30%
2 Palm Tree - Prune
40%
3 Palm Tree - Spray
5%
3 Shrub - Trim
15%
3 IV. Irrigation
Weekly Check
40%
1 Operational
50%
1 Adjustment
10%
1 V. Rodent/Pest Control
100%
2 Make-up Categories:

Exhibit 2
1-34
1133

Bid Item
Categories*
No make-up

2. 80% payment if
completed
within 5 days
50% payment if
completed
within 10 days

3. 80% payment if
completed
within 15 days
50% payment if
completed
within 30 days
9-1.2 Damage Repair
9-1.2.1 Authorization. Approximately 85 to 90 percent of all damage/repair work required in performance of landscape maintenance occurs within the irrigation system. The
CONTRACTOR accepts the irrigation systems in operating condition and good repair on the first day of work under this contract. In order to expedite these repairs and standardize the costs, a selected list of items has been formulated and costs established in the bid. Prior to the start of any damage/repair work, the CONTRACTOR shall obtain written authorization from the Inspector. The CONTRACTOR shall then complete repairs within 12 hours after approval on major components, and within 48 hours after approval on sprinkler heads and minor items. No approval or compensation will be granted for any damage caused by the CONTRACTOR'S operations, vandalism, or wear and tear.
9-1.2.2 Cost Criteria. The CONTRACTOR shall include costs for furnishing and installing each item complete to include all labor, materials, tools, and overhead in the respective bid item. 9-1.2.3 Invoices. All invoicing shall comply with the requirements of Section 9.3.2. At the end of each month, the CONTRACTOR shall submit a separate invoice which shall summarize all damage/repair completed during that month. Attached to each invoice shall be copy Exhibit 2
1-35
1134

of the Monthly Invoice Damage/Repair form provided by the AGENCY which shall be complete and accurately reflect work performed. Copies of all damage/repair authorizations shall be attached to the invoice.
9-2. Annual Contract Cost Adjustment
9-2.1 Guidelines. In the event the CONTRACTOR experiences increased costs during the term of the contract, it may request an adjustment of prices bid. The requested increase and all supporting documentation shall be submitted a minimum of 75 calendar days prior to the annual contract effective date to allow for review and processing to be effective on the annual effective date. All such increase requests shall be based on, but shall not exceed the CPI for this region. Once an adjustment is made, it shall remain in effect during the subsequent term of the contract. If any of the component cost items decrease during the term of the contract, the annual cost adjustment shall so reflect that change.
9-3. Alternative Dispute Resolution. After submittal of the proposed final estimate to the Contractor, a meeting shall be held promptly between Contractor and Agency, attended by the individuals with decision - making authority regarding the dispute, to attempt in good faith to negotiate a resolution of claims arising under or related to performance of the contract.

If, within 30 days after such meeting, the parties have not succeeded in negotiating a resolution of the claims, they will jointly appoint a mutually acceptable neutral person not affiliated with either of the parties (the "neutral"). If they have been unable to agree upon such appointment within 40 days from the initial meeting, the parties shall seek assistance in finding a mutually acceptable neutral. If the parties are unable to agree on a neutral, either party may request that the presiding judge of the Superior Court which would have jurisdiction of the matter if a suit were filed, to appoint the neutral. The fees of the neutral shall be shared equally by the parties.

In consultation with the neutral, the parties will select or devise an alternative dispute resolution procedure ("ADR") by which they will attempt to resolve the dispute, and, if the parties are unable to agree on such matters within 20 days after the initial consultation with neutral, the procedure, time, and place for the ADR to be held will be decided by the neutral. Unless circumstances require otherwise, the ADR shall be held not later than 60 days after selection of the neutral.

Exhibit 2
1-36
1135

The parties agree to participate in good faith in the ADR to its conclusion as designated by the neutral. If the parties are not successful in resolving the dispute through the ADR, then the parties may agree to submit the matter to binding arbitration, or a private adjudicator, or either party may seek an adjudicated resolution through the appropriate court.

Exhibit 2
1-37
1136

CITY OF BELL GARDENS

FORD PARK LANDSCAPE MAINTENANCE

SECTION M - MAINTENANCE SPECIFICATIONS
M-1 MATERIALS:

All materials used shall conform to the original Project Landscape Construction Drawings, specifications, and subsequent change orders, or as approved in writing by the City. The original project specifications are available from the City.

M-2 SUBMITTALS:

A. As required by law, the Maintenance CONTRACTOR must submit to the County Agricultural Commissioner's office, a monthly record of all Disease Control, Insecticides, Rodenticides, and Herbicides used on the project.

Soils tests shall be completed prior to August 1st each year and on an as -needed basis. All soil sampling locations shall be approved by the Public Works Director, with results submitted to the City. Soils testing shall be done by an approved agronomic testing firm as part of the maintenance CONTRACTOR'S agreement with the City. See Appendix "D" Soils Testing.

C. Substituted equipment or products which do not conform to the original project working drawings, job specifications or as specified hereon, must be approved by the City in writing prior to installation.

M-3 GENERAL MAINTENANCE CARE AND PROCEDURES
A. All necessary licensing, permits, and approvals shall be obtained by the maintenance company from the City of Bell Gardens.

B. All work performed that may affect existing utility improvements shall be done after the notification of the affected utility company by the CONTRACTOR, and in strict conformance with such utility company direction, specifications, and/or supervision. The City shall be notified prior to commencement of such work.

C. The maintenance CONTRACTOR shall refer to these Special Provisions for Monthly Maintenance Review procedures and for Monthly Maintenance Scheduled Work Notification requirements.

MS -1
Exhibit 2 1137

M-4 PEST CONTROL:

A. Weed Control. The maintenance CONTRACTOR shall be
responsible for providing a continuous weeding program for all project areas. Weeding shall be done on a weekly basis and shall include "any undesirable or misplaced plant." In addition, all walls, fences, other structures that do not have cultivated beds adjacent thereto, and curb and sidewalks within landscape areas shall be sprayed for weed control.

Weeds may be controlled with pre -emergent herbicides, post - emergent herbicides, mulching, and/or by hand pulling.

Shrubs - Weeds shall be removed from beds regularly, no less than once a week, chemically or manually. Bermuda grass and other noxious weeds shall not be allowed to become
established.

2. Ground Cover and Lawn Areas - Weeds shall be removed completely, on a regular basis, chemically or manually, no less than once a week.

Insect, Disease, and Pest Control: The CONTRACTOR shall regularly inspect all landscaped areas for the presence of disease, insect, or rodent infestation. The CONTRACTOR shall advise the City within 4 days if disease, insect, or rodent infestation is found; he shall identify the disease, insect, or rodent and specify control measures to be taken using legally approved materials and methods.

Upon written approval of the City, the CONTRACTOR shall implement the approved control measures. The use of any chemicals for insect and disease control shall be performed by a Licensed Pest Control Operator who shall follow all guidelines governing his license.

1. The CONTRACTOR shall provide complete and continuous control of all plant pests or diseases. The CONTRACTOR
shall select and supply proper materials and personnel to comply with all City, County, State, or Federal Regulations or laws.

2. CONTRACTOR will assume responsibility for use of all chemical controls. Chemical controls shall include the
necessary use of herbicides and plant growth regulations.

Pests may be controlled by mechanical means as well as
chemical.

3. Extreme caution shall be used when spraying insecticides and MS -2
Exhibit 2 1138

fungicides. Spray only when there is no wind. City approval must be obtained prior to spraying any insecticides or
fungicides.

4. Approved control measures shall be continued until the disease, insect, or rodent is controlled to the satisfaction of the City. The CONTRACTOR shall utilize all safeguards
necessary during disease, insect or rodent control operations to ensure safety of the public and the employees of the CONTRACTOR.

C. Rodent Control: When rodent infestation becomes evident, the CONTRACTOR shall at once proceed to exterminate the rodents by poisoning, gassing, trapping or other appropriate means.

1. Poisoning: To poison rodents, use a grain treated with an anti- coagulant substance placed in bait stations. Bait must be checked daily and made available at all times. Six or seven consecutive feedings are usually necessary. All dead rodents shall be properly disposed of off site.

2. Trapping: Trapping may be done in any season by the use of an approved rodent trap. All dead rodents shall be properly disposed of off site.

3. Fumigation: There are several types of toxic gasses available of which some require a special permit from the County
Agriculture Commissioner. Fumigation is most effective in the spring when soil moisture is high. Fumigation is not effective during period of hibernation or aestivation since the burrows are plugged with soil.

Rodent control shall be done under the direct supervision of a State Licensed Pest Control Operator who shall follow guidelines governing his license.

M-5 LAWN CARE
Lawns shall be maintained in the healthiest growing condition possible.

Provide the necessary services as follows:

A. Mowing: Turf grass shall be mowed (maintained) at the maximum height in warm weather conditions and shall be mowed (maintained) at minimum height during cool weather. All turf areas should be cut at regular intervals, at a minimum of once every 7 days. The turf should never be cut more than 1/3 off the leaf blade at any one mowing. Avoid scalping.

MS -3
Exhibit 2 1139

Grass Type
Mowing inimum
Height Maximum
Warm Season
3/4 inch
1 inch
Cool Season
11/2 inches
21/2 inches
Labor and materials shall be provided by the maintenance company to re -sod failing lawn areas.

C. Edging: "Weed Eaters" or similar equipment shall not be used around trees or shrubs. All trimming or edging around trees and shrubs shall be accomplished by clearing with hand tools an 8 -inch minimum width not to exceed 12 -inch maximum width area around the plant. Turf edges adjacent to walks, curbs, paving, mow strips, shrub areas, and buildings shall be trimmed weekly with a mechanical edger. The CONTRACTOR will be responsible for all damage to plants and facilities caused by "Weed Eaters." D. Equipment Cleaning: To help prevent contamination of turf areas, thoroughly clean equipment that was used at another site prior to mowing or edging any areas on this site.

Equipment Condition: Always keep mowers and edgers sharp, so as to cut the tips and not tear them off. Torn grass blades have a brown "haze" appearance that is not acceptable.

F Clipping Disposal: Clippings shall be removed from turf areas and disposed of off site in an approved manner the same day mowing takes place. Curbs, gutters, sidewalks, etc., shall be cleaned after each edging by blowers, by washing -down or other approved methods. All sidewalks shall be washed -down once per month minimum.

Recycling of green waste is required. Records of disposal shall be furnished to the City on a monthly basis.

G. Watering Turf: Water shall be applied as frequently as needed (as weather conditions require) to maintain proper growth and replenish soil moisture below the root zone. All applications of water should be in the evening or early morning hours per Section M-10 so as not to interfere with public use of the project areas. If an area appears stressed during the day, a light application of water should be applied at that time. It is the CONTRACTOR'S responsibility to apply the water evenly. In the event of automatic irrigation disruption, the CONTRACTOR shall hand water lawn and ground cover areas at a minimum of twice per week in the winter and four times per week in MS -4
Exhibit 2 1140

the summer. Water run-off across pavement surfaces and into gutters shall be avoided.

H. Fertilization: Lawns shall be fertilized at least six times a year.

Applications shall be of a complete or balanced fertilizer, such as 16- 6-8 fertilizer at the rate of 6 pounds per 1,000 square feet.

Applications in March, July and November.

1. The City may from time -to -time adjust or change the fertilization specifications contained herein as a result of a horticultural soils and plant laboratory report for each site.

2. All fertilization shall be included with the landscape maintenance of each area. The maintenance CONTRACTOR
shall supply and transport all required fertilizers as a part of his costs included in his agreement with the City.

Aeration: All turf areas shall be aerated during the months of March, July and October by removing 1/2 -inch diameter by 3 -inch deep cores at not more than 6 -inch spacing with an aerator machine.

Cores shall be removed in an approved manner, after completion of aeration. In addition, the tops of all mounds and localized compacted dry spots shall again be aerated as necessary. All damaged areas larger than 4 inch by 4 inch shall be sodded on an as -needed basis, at no additional cost to the City.

Dethatch:
1 All turf areas should be dethatched once per year in October.

2. Dethatching shall be accomplished by use of a "vertical cut type" dethatch machine.

3. All thatch and debris shall be immediately removed upon completion.

Weed Control: The use of all chemicals for weed control shall be performed by a State Licensed Pest Control Operator who shall follow all guidelines governing his license.

A continual chemical program shall be implemented to control broadleaf and other noxious weeds.

2. All chemicals shall be applied in accordance with the label directions and regulations of State Agricultural Department.

3. During the months of March and September, an annual grass MS -5
Exhibit 2 1141

pre -emergent herbicide shall be applied to all turf areas.

4. Use extreme caution when using non -selective weed killers.

5. City approval must be obtained prior to spraying any herbicide and all spraying shall be done at times when there is no wind.

At first indication of crabgrass infestation, spray affected areas. Apply crabgrass killer only on cool days, and when lawns are in a moist condition. Removal of weeds shall be a continuous program. Noxious weeds, Bermuda grass, and
other weeds shall not be permitted to grow within the areas assigned as part of this contract, and shall be completely killed and removed, including rhizomes, roots, stolons, and bulbs.

All crabgrass shall be completely removed and bare turf areas re -sodded. Crabgrass shall not be allowed to become
established in any landscape area maintained by
CONTRACTOR.

M-6 GROUND COVER CARE:

Ground cover beds shall be maintained in an attractive condition at all times.

All ground covers shall be inspected weekly and all debris, including leaves, branches, paper, bottles, etc., shall be removed. Supply the necessary services as follows:

A. Edging: "Weed Eaters" shall not be used to edge ground cover. All ground covers shall be pruned, sheared, or thinned neatly away from shrubs, trees, walks, curbs, header boards, etc. Ground covers shall not be trimmed vertically unless approved by City and shall be thinned out as needed to avoid matting and to achieve a uniform appearance. Keep ground cover trimmed back from all controller units, valve boxes, quick couplers, or other appurtenances or fixtures.

Remove ground cover from all above ground structures unless the City directs the allowance of ground cover growth over wall tops, curbs, etc., for aesthetic reasons.

Watering: Be cautious not to over water shrub and ground cover areas. Water enough to assure moisture penetration throughout the root zone to a depth of approximately 8 inches. Program irrigation systems to maintain a precipitation of 1/2 inch per week during the growing season. During prolonged rainy periods discontinue irrigation sequence.

C. Fertilization: Vigorous growth and good color must be maintained at all times. All ground cover beds shall be fertilized a total of two times per year. Fertilize during the months of March, July and November, MS -6
Exhibit 2 1142

using a nitrogen fertilizer at the rate of one pound of nitrogen per 1,000 square feet. A "complete fertilizer" with an analysis of 16-6-8, at the rate of six pounds per 1,000 square feet shall be used during the month of March. When soil tests indicate deficiency, the soil laboratory's recommendations shall be followed. Also, refer to the Landscape Maintenance Schedule.

D. Weed Control: All ground covers shall be inspected weekly for weed growth. Weeds shall not be allowed to remain growing for longer than 1 week without complete removal. Bermuda grass or other noxious weeds shall not be allowed to become established in any ground cover area. Cultivating of ground cover areas shall be held to a minimum and only as necessary to remove weeds. Excessive cultivation will result in root damage to ground covers and shrubs.

Pest and Rodent Control

1. Snails and Slugs: Broadcast an approved granule, pellet, or meal at the recommended rate three times a year minimum; spring, late summer, and winter and/or spray an approved insecticide as needed for complete snail and slug control.

2. Rodent and Pest Control: Refer to Section M-4, D, of this specification for approved methods of control.

3. Insecticide and Fungus Control: Refer to Section M-4, C (3), of this specification for approved methods of spray control.

F. Plant Material Replacement: Following acceptance of project areas, it shall be the CONTRACTOR'S responsibility to maintain all plant materials in a satisfactory manner and to replace dead or severely damaged plant materials with plants of equal size and quality. The CONTRACTOR shall remove and replace any tree, shrub, turf, or ground cover that is damaged or lost due to the CONTRACTOR or his employees' negligence, through improper use of insecticides and herbicides; inadequate watering; failure to control rodents and insects; or improper use of equipment immediately upon discovery and at the CONTRACTOR'S expense.

CONTRACTOR must notify the City in writing within 4 days of the loss of plant material due to any cause. Plant materials that must be replaced due to vandalism will be replaced at the expense of the City.

CONTRACTOR shall replace damaged plant materials only upon receiving prior authorization, including approval of cost from the City to do so, and bill the City on the subsequent monthly billing statement. All dead plant material shall be left in place until new plants (replacement) are on site for immediate replacement.

MS -7
Exhibit 2 1143

The CONTRACTOR shall purchase and replace perennial flowers and ground cover at entrance signs and on median islands; red color shall be dominant in all flower schemes.

G. Drainage: At a minimum of once a month, inspect all drainage devices, inlets, and concrete "V" ditches in planter areas and remove silt, leaves, and other foreign material.

M-8 PALM TREE CARE:

All palm trees shall be checked weekly for damage, special water needs, etc., and treated as necessary. Undesirable conditions shall be eliminated by improved landscape maintenance practices. The CONTRACTOR shall maintain all palm trees in a healthy condition at all times. Tree wells and watering basins shall be maintained weed -free.

A. Palm Tree Pruning:

Palm trees shall be pruned during the month of November, and at other times, if required, for safety and to remove dead fronds and pods, as directed by the Inspector. All palm tree pruning shall be performed under the supervision of an ISA certified arborist.

Watering

1. Watering Basins: Watering basins shall be properly
maintained on all trees, shrubs (except those planted on slopes) and vines on drip irrigation systems. Failure of the system to provide enough deep moisture will not relieve the CONTRACTOR from providing adequate moisture. A cleared
area of 8 inch to 12 inch in width in turf areas shall be maintained at the base of trees.

2. Trees in Tree Wells: All palm trees in tree wells not served by automatic irrigation systems shall be watered by use of a watering truck, hose, or other appropriate means. Watering shall occur on the frequency that needs dictate to maintain a healthy growing condition.

C. Pest Control: All Date Palm trees (Phoenix dactylifera) should be inspected regularly for fungus or insect infestation and sprayed accordingly as needed as directed by the City. Upon notification by City, CONTRACTOR will provide labor, equipment, and materials to spray twice a year, at the times and in the manner specified.

Leaf Blight or Anthracnose (Platanus species): To control MS -8
Exhibit 2 1144

Anthracnose fungi, remove infected twigs and branches and completely dispose of off site. To chemically control
Anthracnose fungi, spray affected trees with an approved corrective spray. Spraying shall be done by a State Licensed Pest Control Operator and all sprays shall be approved by the City. Sprays should be applied at the bud stage of spring growth or upon break of dormancy. If application is used properly, the disease/fungus will not hamper the tree in the seasonal growth and the buds and leaves will not prematurely drop.

2. Tent Caterpillars (Salix species and Alnus rhombi folia):

Inspect trees regularly for caterpillar infestation and spray with an approved corrective spray per manufacturer's application rates. All spraying shall be done by a State Licensed Pest Control Operator.

3. Tip Moths, Aphids, and Scale Insects: Spray at first indication of infestation with an approved corrective spray per
manufacturer's application rates.

Also, see Section M-4, C(3), for additional approved methods D. Staking: If a Palm tree needs to be replaced, the tree will be supported as directed by the City. Tree stakes and ties shall be checked at least monthly and corrected as needed. Ties shall be adjusted to prevent girdling. The tree must retain its upright position and this position must be held regardless of moisture content of the soil. Before any stakes are removed, remove tree ties and allow the tree to remain without support for a period of time to observe structural stability of the tree. Remove tree stakes only when tree has been proven to be structurally stable, generally within 1 year following planting. Any re -staking shall be done with originally specified materials. Any tree that is damaged due to improper staking or tying shall be replaced in species and size at the CONTRACTOR'S expense. Tree ties shall be inspected at least six times a year to prevent bark wounds caused by abrasion (February, April, June, August, October, and December). Replace broken stakes and damaged ties, as required.

Plant Replacement: If a Palm tree needs to be replaced, the tree will be replaced as directed by the City. Any tree or shrub that appears to have more than 1/2 of its foliage in a declining state shall be brought to the City's attention immediately. Check plant for root problems, over -watering, or drainage problems, and repair the problem prior to replacement. Replacement plants shall be of the size, condition, and variety of the original plant, and shall be acceptable to the City. The CONTRACTOR shall pay for all MS -9
Exhibit 2 1145

replacement plants, including materials, transportation, and labor unless the City determines that the plant was lost due to an "Act of God," damaged by others, or as a result of an event without control or negligence by the CONTRACTOR.

F Fertilization: All Date Palms (Phoenix dactylifera) identified in this landscape maintenance contract shall be fertilized with a manufactured palm fertilizer, 14-5-14 plus minor elements. Three applications shall be made each year, in the months of March, May, and October. Application shall be by broadcast at the base of each tree, thoroughly cultivated in the soil, followed by watering.

M-9 SHRUB AND VINE CARE:

All shrubbery shall be checked weekly for breakage or damage, special watering needs, etc., and treated as necessary. All undesirable conditions shall be eliminated by improved landscape maintenance practices. All shrubs shall be maintained in a healthy vigorous condition. Remove all spent flowers, flower spikes and remove all leaves and debris from plant areas weekly. Hose off all plant material monthly to remove accumulated dirt and soot.

A. Pruning: Pruning shall be performed as a continuous operation, and shall be done under the direction of the City's Landscape Maintenance Supervisor; not allowing plants to develop stray, undesirable growth. Trimming, pruning, thinning, and training are functions to be done as needed to maintain a pleasing appearance.

Any shrub, under stress, should be trimmed to reduce evaporation.

All pruning shall be done to achieve a naturalistic shape, not hedged into geometric forms. The design intent is to have naturalistic shrub masses, not individual shrub forms or standards. Prune by selectively removing woody stems from inside shrubs on an as - needed bases, and as directed by the City's Landscape Maintenance Supervisor. Excessive pruning or stubbing back will not be permitted.

Top shrubs only when necessary for appearance and after interior selective branch pruning has been completed and approved by the Maintenance Supervisor. Shrubs shall be pruned and thinned using hand-held shrub pruners.

Hedge shears and clippers shall not be used. Where trees and shrubs occur in close proximity to walks or parked cars, prune to allow movement without interference from branches and foliage.

Pest Control: Check all plant material in landscaped areas regularly, (once a week at a minimum) and apply insecticides and fungicides at the first sign of infestation. For control of aphids and scale insects, refer to Section M-8, C(3), of this specification.

MS -10
Exhibit 2 1146

C. Plant Replacement: Refer to Section M-8, E, of this specification.

D. Fertilization: Shrubs located in ground cover areas will not require additional fertilizing. See Section M-6, C, for fertilization application in ground cover areas.

Watering: Refer to Section M-6, B, of this specification for watering in ground cover and shrub areas. Maintain a watering basin around all shrubs and vines on slope areas to assure adequate water penetration. Rake out only as directed by the City.

M-10 IRRIGATION SYSTEMS CARE:

The CONTRACTOR will receive all irrigation systems in a sound working order at the beginning of contract. If any system is found to be otherwise at the start of work, the City shall be notified immediately and necessary repairs will be made at no cost to the CONTRACTOR. At the close of the contract period, all irrigation systems will be checked by the City, and all irrigation systems shall be returned to the City in a satisfactory condition. All faulty portions shall be repaired or replaced by the CONTRACTOR at no cost to the City.

A. Irrigation Repair and Operation:

Irrigation system components damaged as a result of
CONTRACTOR'S neglect and vandalism shall be repaired or replaced by the CONTRACTOR at no cost to the City.

Accidental breakage by others, or so-called acts of God, are conditions under which the CONTRACTOR is not directly
responsible and repairs shall be paid for by the City. The CONTRACTOR shall notify the City the same day of discovery of damage to irrigation system components caused by acts of God, vehicular damage, theft, or mysterious damages that do not result from the performance of the work by the
CONTRACTOR. Upon receipt of the City's written
authorization and approval of cost, repair damage as soon as possible after discovery, billing City for the cost of repair on the subsequent monthly billing statement. Failure to report any damage will constitute CONTRACTOR making repairs at his own expense. All replacement of irrigation system
components under the Subparagraph A shall be original
equipment types where known. All substitutions for replace- ment equipment shall be approved in writing by the City prior to performing the work.

2. Irrigation shall be performed by automatic irrigation systems, where available and operable; however, failure of the existing MS -11
Exhibit 2 1147

irrigation systems to provide full and proper coverage shall not relieve the CONTRACTOR of responsibility to provide
adequate irrigation with full and proper coverage to all areas in the work site.

3. All damages to public or private property resulting from excessive irrigation water or irrigation water runoff shall be charged against the contract payment unless immediate
repairs are made by the CONTRACTOR to the satisfaction of the City.

4. The CONTRACTOR shall keep controller and valve boxes clear of soils and debris, and maintain the irrigation system, including the replacement, repair, adjustment, raise or lower, straighten; and, any other operation required, for the continued proper operation of the system from the water meter
throughout the work site. Repair or replacement includes, but is not limited to, system lateral piping, main pressure lines, control valves, controllers, heads, caps, head risers, valve covers, boxes and lids, including electrical pull boxes and lids, valve sleeves, quick coupler valves, and hose bibs.

Monitoring Systems:
1 The CONTRACTOR shall inspect the irrigation systems for broken and clogged heads, malfunctioning or leaking valves, or any other condition which hampers the correct operation of the system. Authorization must be obtained from the City before proceeding with work not covered under normal
maintenance work. All landscaped areas shall be irrigated by an alternate operable irrigation method until all authorized repairs have been completed to the City's satisfaction. Each system shall be checked weekly and all necessary
adjustments to heads which spray out of intended area of coverage shall be corrected. The CONTRACTOR shall clean and adjust irrigation heads as needed for proper coverage.

Each system shall be manually operated and observed on a weekly basis.

2. The CONTRACTOR shall turn off irrigation systems during periods of rainfall and times when suspension of irrigation is desirable to conserve water while remaining within guidelines of horticulturally acceptable maintenance practices.

C. Coverage/Application Rate: Generally, watering shall be done at night, between the hours of 12 a.m. and 6 a.m., unless otherwise directed by the City. The CONTRACTOR shall operate systems and irrigation heads as seasonal conditions require. During extremely hot MS -12
Exhibit 2 1148

weather, over -extended holiday periods, and during or following breakdown of systems, the CONTRACTOR shall provide adequate personnel and materials as required to adequately water all landscaped areas. When breakdowns or malfunctions exist, the CONTRACTOR shall water manually by whatever means necessary to maintain all plant material in a healthy condition. Dry conditions shall not be permitted to develop.

D. Grass and Ground Cover Trimming: Grass and ground covers are to be neatly trimmed away from irrigation heads to assure proper coverage and operation. Trim turf immediately adjacent to irrigation heads, as directed by the City, and under no circumstances remove an area larger than the head diameter. Weed or turf killer shall not be used. Trim ground covers away from irrigation heads by tapering away from head. Holes shall not be cut into ground cover areas. As ground covers grow in height, risers may need to be extended to properly clear top of ground covers.

Tests: The CONTRACTOR shall test the soil in turf and ground cover areas and around trees and shrubs monthly or as necessary with soil probes to determine that the proper amount of water is being applied at all times. This information shall be used to adjust watering times on the controller and supplemental hand or deep watering as necessary.

The CONTRACTOR shall make the soil probe available at all monthly walk-through inspections.

F. System Maintenance: Twice a year, in the months of March and September, the CONTRACTOR shall clean all controller cabinets and valve boxes, remove intruding soil and replace gravel as originally specified.

Maintenance Work Not Included:

Testing, certification, and service of the backflow prevention shall be done by others and coordinated by the City.

However, it shall be the CONTRACTOR'S responsibility to notify the City should a malfunction occur.

M-11 WALKWAY CARE:

A. Sweeping, Vacuuming, and Blowing Off Walks: All walkways shall be kept clean at all times; in addition to the washing off as noted in M-11 C., they shall be swept, vacuumed, or blown off once a week or more often if necessary. In no case shall blowing be used in place of sweeping or vacuuming trash, leaves, or other noticeable debris.

MS -13
Exhibit 2 1149

Walkway shall mean all decorative paving, mow strips, sidewalks, and other pavements within median islands.

All walkways shall be swept, vacuumed, or blown off once a week.

This work shall be coordinated with mowing or other maintenance work in the area. All gutters within the maintenance area shall be kept clean of grass clippings and miscellaneous trash. All grass clippings shall be removed (not scattered) from gutters the same day mowing and edging takes place.

All walks shall be kept free of dirt, leaves, and other debris from the maintenance operations, as well as trash and litter blown by the wind or deposited by persons passing by or visiting the site. Debris shall be collected on a weekly basis. All paper, trash, etc., shall be dumped off site in a legal manner.

C. Hosing Off Walks: Due to drought conditions, no walkways are to be hosed off. At least once a month sweeping or blowing debris off walkways shall instead be done as described in M -11(B). Care shall be taken so that this does not inhibit or endanger pedestrians utilizing walkways. This work should be scheduled to coincide with mowing or other maintenance work in the area.

Adequate safety procedures should be followed, including signing and roping off areas as necessary. Should work be disrupting to regular traffic flow, it shall be rescheduled to a more convenient time.

D. Street Clean -Up: Street sweeping is maintained under a separate contract and is not a part of this maintenance work. The CONTRACTOR shall, however, remove and dispose of off site, at an approved dump site, all grass clippings and miscellaneous debris or trash blown into the parking lots and streets by the wind or deposited by persons passing by. Grass clippings shall be cleaned from gutters the same day mowing takes place.

M-13 SURFACE DRAINAGE FACILITIES:

A. All surface drainage devices, such as concrete "V" ditches, bench drains, swales, etc., shall be routinely inspected and kept free of all debris, vegetation, soil, etc., which would preclude proper, intended functioning. All inlets shall be kept free of all matter which would preclude functioning.

All underground landscape drainage devices shall be routinely inspected and flushed of all foreign matter to maintain their function.

MS -14
Exhibit 2 1150

M-14 LANDSCAPE LIGHTING FACILITIES:

The landscape lighting facilities care maintenance work is not a part of this maintenance contract. CONTRACTOR shall notify the City immediately upon discovery of damage or lamp failure.

M-15 MONUMENT SIGN CARE:

Monument sign maintenance work is not a part of this maintenance contract. CONTRACTOR shall notify the City immediately upon discovery of any damage.

M-16 TRASH COLLECTION AND TRASH DISPOSAL:

A. Leaves and other debris from the maintenance operations, as well as trash and litter blown by the wind or deposited by persons passing by or visiting the project areas, shall be collected on a weekly basis. All paper, trash, cans, bottles, etc., may not be dumped on site in trash dumpsters, but shall be disposed of off site in a legal manner at the CONTRACTOR'S expense.

B. Leaves, grass clippings, branches, weeds, and all other landscape debris accumulated from the maintenance operations shall be disposed of off -site the same day the landscape debris is accumulated.

C. 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.

M-17 DRESS CODE:

The CONTRACTOR shall be responsible for having all employees wear a proper uniform. All employees' hair, beard, and dress shall be well- groomed.

The proper uniform includes:

A. Shoes - Safety boots or shoes in good condition. No sandals or tennis shoes shall be worn on the job.

B. Shirts - All workers shall wear shirts with long or short sleeves with the maintenance company name or other identifying marks.

MS -15
Exhibit 2 1151

M-18 EXTRA WORK ORDERS:

A. The City may, from time -to -time, need additional landscape mainte- nance services which shall only be authorized by the City's representative as stipulated in the Contract.

CONTRACTOR agrees that all services performed, which are not authorized by the representative as stipulated in the Contract, may result in non-payment by the City.

City's Authorized Representative can authorize extra services up to $1,000 per occurrence by a Field Change Order (FCO).

C. City's Authorized Representative is limited to issuance of orders, directions, notices and instructions, pursuant to the scope of landscaping maintenance, and the City shall not be obligated to pay for extra services which are not supported by a FCO Form.

D. CONTRACTOR shall submit invoices for Extra Work separate from regular monthly maintenance billing and shall detail: 1) services performed; 2) amount; 3) City's FCO number; and 4) City's Authorized Representative who ordered or authorized services.

CONTRACTOR shall also submit regular monthly maintenance invoices on the City's Request for Payment form for each area separately.

M-19 MONTHLY MAINTENANCE REVIEW:

A. Each month of contracted maintenance shall be reviewed by the City in order to confirm adherence to these specifications. The mainte- nance site review meeting shall be requested from the City by the CONTRACTOR a minimum of 5 working days prior to the anticipated review date. The monthly maintenance site review meeting followed by satisfactory completion of any or all punch list items is a prerequi- site for payment of monthly invoice(s).

MS -16
Exhibit 2 1152

FORD PARK LANDSCAPE

MAINTENANCE SPECIFICATIONS
MONTHLY MAINTENANCE FIELD OBSERVATION MEETING:

CLIENT:

PROJECT:

JOB NUMBER:

REQUESTED BY:

ATTENDANCE:

MAINTENANCE TASK
1 General Weeding:

City of

2. Lawn Care:

3. Tree Care:

4. Shrub and Vine Care:

5. Irrigation Systems Care:

6. Trash Collection and Trash Disposal:

7. Walkways:

8. Dress Code:

MS -17
Exhibit 2 1153

APPENDIX "A"

LANDSCAPE AREA DESCRIPTIONS
Exhibit 2 1154

Exhibit 2 1155

Landscape Areas
Lawn
Sq. Ft .

Shrubs
Ground
Cover
Sq . Ft.

Palm Trees
Irrigation
Controllers
Remote
Control Valves

9. Area 9 - Ford
Park
Totals Area 9
1 11
Landscape Areas
Lawn
Sq. Ft.

Shrubs,
Ground
Cover
Sq . Ft.

Irrigation
Controllers
Remote
Control Valves

10. A rea 10 —
Sports Fields
Totals Area 10
AP -1

Exhibit 2 1157

APPENDIX "C"

ANNUAL MAINTENANCE SCHEDULE
Exhibit 2 1158

Exhibit 2 1159

m
x

CIT Y OF BELL G A' I ENS

AN NU AL MAINTENANCE SCHEDULE

WORK ACTIVITY
JAN
FEB
M AR
APRIL
MAY
JUN
JUL
AUG
SEP
O CT
NOV
DEC

GENERAL MAINTENANCE

1. Su bmit disease/pest
contro l records to
Cou nty A gricultural
Commissioner's o ffice.
mo nthly
monthly
mo nthly
mo nthly
mo nthly
monthly
m onthly
mo nthly
monthly
mo nthly
mo nthly
mo nthly

2. Trash collection/
disposal
daily
daily
daily
daily
daily
daily
daily
daily
daily
daily
daily
daily

3. Trim bran ches, trees,
etc. for sign visibility
as needed
as needed
as needed
as needed
as
needed
as
needed
as needed
as needed
as needed
as
needed
as needed
as
needed

4. Facility inspectio n by
con tractor, visual/
operational
weekly
weekly
weekly
weekly
weekly weekly
weekly
weekly
weekly
weekly
weekly weekly

5. Walk-throu gh
inspection with City
represen tative
mon thly
monthly
monthly
mo nthly
mo nthly
monthly
mo nthly
mo nthly
monthly
mo nthly
mo nthly
mo nthly
6o Walkways/parks/play
areas clean-up
daily
daily
daily
daily
daily
daily
daily
daily
daily
daily
daily
daily

7. Inspect an d main tain all
surface/
un derground drainage
devices an d eroded
areas
mon thly
monthly
mon thly
as needed
as
needed
as
needed
as needed
as needed
as needed
mo nthly
mo nthly
monthly

8. Weed Con trol
weekly/
as needed
weekly/
as needed
weekly/ as
needed
weekly/
as needed
weekly/
as
needed
weekly/
as
needed
weekly/
as needed
weekly/
as needed
weekly/
as needed
weekly/
as
needed
weekly/
as needed
weekly/ as
needed

9. Insect/disease/pest
control
as n eeded
as needed
as needed
as needed
as
needed
as
needed
as needed
as needed
as needed as
needed
as needed
as
needed

€s

L AWN CA
1b"? Lawn mowing &
Trimming
weekly
weekly
weekly
weekly
weekly
weekly
weekly
weekly
weekly
weekly
weekly
weekly

11. Reseed or resod faili ng
areas
as needed
as needed
as needed
as needed
as
needed
as
needed
as needed
as needed
as needed
as
needed
as needed
as
needed

12. Turf waterin g
as needed
as needed
as needed
as needed
as
ne eded
as
needed
as needed
as needed
as needed
as
needed
as needed
as
needed

13. Lawn fertilization
16-6-8
16-6-8
---
16-6-8
---
16-6-8
----
16-6-8
---
16-6-8
----

14. Aeration
----
----
X
----
----
X
---
X
----
----
X

15. D ethatching
----
----
----
----
----
----
----
----
---
X
----
----

16. Lawn weed/crabgrass
control
as needed
as needed
annual
herbicide
as needed
as
needed
as
needed
as needed
as needed
annual
herbicide
as
needed
as needed
as
needed

GROUND COVER

17. Inspect/clean ground
cover beds
weekly
weekly
weekly
weekly
weekly
weekly
weekly
weekly
weekly
weekly
weekly
weekly

18. Ground cov er edging
as needed
as needed
as needed
as needed
as
needed
as
needed
as needed
as needed
as needed
as
needed
as needed
as
needed
19' Groun d cov er watering
as needed
as needed
as needed
as needed
as
needed
as
needed
as needed
as needed
as needed
as
needed
as needed
as
needed

20. Groun d co ver
fertilization
----
20-0-0
16-6-8
----
20-0-0
----
20-0-0
----
20-0-0
20-0-0

21. Ann ual color plants
Replace
----
----
Replace
----
----
Replace
----
----
Replace
----
-

22. Groun d cover weed
control
we ekly
weekly
weekly
we ekly
weekly
weekly
weekly
weekly
w eekly
weekly
weekly
weekly

23. Ground cover in sect/
disease/ pest control
Winter
as needed
Spring
as
needed
as needed
Summer
as
needed
as needed
as
needed

24. Ground co ver roden t
control
as needed
as n eeded
as needed
as needed
as
n eeded
as
n eeded
as needed
as needed
as needed
as
needed
as needed
as
needed

1 ES
ry
25 Check for weekly/
damage/special needs to as needed
maintain in healthy
condition
weekly/
as needed
weekly/ as weekly/
needed as needed
weekly/
as
needed
weekly /
as
needed
weekly/ as weekly/
needed as needed
weekly/
as needed
weekly/
as
needed
weekly/ weekly/ as
as needed needed

26. Tree care.

Fertilize
Palm
see
Spec .

Fertilize
Palms
see
Spec.

Fertilize
Palms
see
Spec .

Palm
pruni ng
see
Spec.

27. Main tenan ce of watering as needed
basins/waterin g
as needed
as needed
as needed
as
needed
as
needed
as needed
as needed
as needed
as
needed
as needed
as
needed

28. Weed/rodent control as needed
as needed
as needed
as needed
as
needed
as
needed
as needed
as needed
as needed
as
needed
as needed
as needed

29. Check/adjust tree stakes/ month./ as
ties/guys - NONE needed
month./ as
needed
month ./ as
needed
month ./ as
needed
month ../
as
needed
month ./ as
needed
month ./ as
needed
month ./ as
needed
month./ as
needed
month ./
as
needed
month./ as
needed
month./ as
needed

SHR UBS AND VINES
3Q, Check fo r
Ndamage/special n eeds to
main tain in healthy
condition
weekly/
as needed
weekly/
as needed
weekly/ as weekly/
needed as needed
weekly/
as
needed
weekly/
as
needed
weekly/ as weekly/
needed as needed
weekly/
as needed
weekly/ weekly/
as as needed
needed
weekly/ as
needed

31. Shrub/vine pruning
cont.
co nt.
cont.
con t.
cont.
cont .
cont.
cont .
co nt.
c ont.
co nt.
cont .

32. Insect/disease/pest
control
weekly
weekly
weekly
weekly
weekly
weekly
weekly
weekly
weekly
weekly
weekly
weekly

33. Weed/roden t con trol
weekly/
as n eeded
weekly/
as needed
weekly/
as needed
weekly/
as needed
weekly /
as
needed
weekly /
as
needed
weekly/ as
needed
weekly/
as needed
weekly /
as needed
weekly/
as
needed
weekly/
as needed
weekly/ as
needed

34. Shrub/v ine fertilization
----
20-0-0
16-6-8
----
20-0-0
----
20-0-0
----
20-0-0
20-0-0
----
----

35. Shrub/vine watering
as needed
as n eeded
as needed
as needed
as
needed
as
needed
as needed
as needed
as needed
as
needed
as needed
as
needed

G ATI ON SYSTEM
3t Operate/observe/
adju st irrigation systems
weekly
weekly
weekly
weekly
weekly
weekly
weekly
weekly
weekly
weekly
weekly
weekly

37. So il probes for water
conten t
mo nthly
monthly
monthly
mo nthly
mo nthly
monthly
monthly
mo nthly
monthly
mo nthly
mo nthly
mo nthly

38. Trim aroun d irrigation
heads
as needed
as needed
as needed
as needed
as
ne eded
as
needed
as needed
as needed
as needed
as
needed
as needed
as
needed

39. Clean con troller cabinets
and valve box es
--
---
X
-
---
---
---
-
X
---
---
---
No te: This chart is a guideline on ly. The appropriate co ntract Specification Section should be referenced pri or to a ny work activity. rn
w

APPENDIX "D"

SOILS TESTING
Exhibit 2 1164

Exhibit 2 1165

SOILS TESTING
Tests
Tests for horticultural suitability shall be performed by a state licensed agricultural testing laboratory approved by the Director. The analysis shall contain the following tests, indicate results, optimum range, and provide comments and recommendations for correction, if indicated.

Test
Gradation Limits
Permeability Rate
Moisture
Saturation
Nitrate Nitrogen
Phosphorous
Exchangeable Potassium
pH
Soil Salinity
Gypsum Requirement
Lime Requirement
Sulfate Sulfur
Chloride
Sodium
SAR
ESP
Zinc
Manganese
Iron
Copper
ASTM D 422
ASTM D 2434 or Calif. Test 220
0/0
9/0
PPM
PPM
PPM
meg/I
meg/I
meg/I
PPM
PPM
PPM
PPM
Test samples shall be from the 0 -inch to 6 -inch depth range within the location specified. Unless otherwise directed by the Director, these may be composite samples. Specific samples may be directed for areas in stress, including deep samples for trees in stress.

Test Location

17. BeII Gardens Soccer Field

28. Ford Park
Exhibit 2 1166

APPENDIX "E"

LANDSCAPE AREA MAP
Exhibit 2 1167

EXHIBIT "B"

CONTRACTOR PROPOSAL
21 Exhibit 2 1168

January 29, 2020
Submitted By:

Jason English
BrightView Landscape Services
Exhibit 2 1169

A) Executive Summary letter
B) Proposal Guarantee
e
C) Company Background
D) Schedule of Work and Crew
E) References
F) Contractor Information
G) Addendum Acknowledgements
H) Landscape Plan
l) Your Pull Service Landscape Expert
J) Results in the First 60 Days
K) Communication and Reporting (QSA)
L) Training & Safety
�) Saving Water Makes Sense
N) Proposal Schedule and Unit Price List
Exhibit 2 1170

,)) Addendum Acknovvledgernents
Days
Expert
Exhibit 2
1171

htVie
January 13, 2020
City of ,hell Gardens
Pulic Works epartment
8327 South Garfield Avenue
well Gardens, Ca, 90201
BrightView is leased to submit a professional proposal for Exterior Landscape Services for The City of Bell Gardens: F rd Park Landscap a Maintenance. This pr.posal will demonstrate how 'trightView will rrffer the City of a ell Gardens the highest quality maintenance program.

Our local branches have been providing comprehensive landscape management programs to customers for over 40 years. We are a quality -oriented company that offers full service for your complete landscaping needs. By formulating a Pro -Active Service '""'fan, directed by knwledgeable supervision„ we are confident we can provide the Exterior Landscape Services for The City of ,dell Gardens; Ford Park Landscape Maintenance with a highly detailed maintenance and management program at a competitive price that will ensure a beautiful landscape for the water district.
observations along with your feedback indicate the following areas are of high importance:

Consistent and effective weed control throughout the sports complex Better attention to detail in all areas, including, all planter beds and the park We are confident our experience, resources and staff make us the best fit for both The City of Bell Gardens and the Ford Park and Sports Fields. We are excited about the opportunity to work with you at these locations.

Sincere
Adam Budniak
Vice President General Manager
Company Name:

BrightView Landscape Services Inc.
17813 South Main St, #105,
Gardena, Ca. 90248
son English
Business Development
Contact for Proposal:

Jason English
310-431-7104
Jason.englishrbriht
CA Contractor's/Business Licenses (C27, D49, other required licenses).

BrightView Tree Care Services:

License Number - 863659 (C61/D49)
BrightView Landscape Services:

License Number -- 266211 (O27, C31, C61 /D49)
(JIR Number 10000053€4
Federal Tax ID No.: 95-2651541
Exhibit 2 1172

PROPOSAL GUARANTEE

PROPOSAL BOND
FOR

FORD PARK LANDSCAPE MAINTENANCE

IN THE CITY OF BELL GARDENS
KNOW ALL MEN BY THESE PRESENTS that_
BRIGHTVIEW LANDSCAPE SERVICES, INC.
as CONTRACTOR, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA , as SURETY, are held and firmly bound unto the City of Bell Gardens, as AGENCY, in the penal sum of dollars ($ *** _), which is 10 percent of the total amount bid by CONTRACTOR to AGENCY for the above -stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. ***Ten Percent of Amount Bid (10% of Amount Bid) THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR is about to submit a proposal to AGENCY for the above -stated project, if said bid is rejected, or if said proposal is accepted and a contract is awarded and entered into by CONTRACTOR in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands and seals, this 8th day of January 2© 20
CONTRACT0R* BRIGHTVIEW LANDSCAPE SERVICES, INC. 17813 S. Main Street, Unit 105, Gardena C.A 90243 (310) 851-4220
SURETY* �..w__. - ..�w.w. .". .�...

TIL,� I I;I"�I� ���;I.,.�L'TY" �\1�L) SURETY COMPANY OF AMERICA 19-4"241
day of Junuary
Subscribed and sworn to this

NOTARY PUBLIC
u Juarat
Provide CONT CTOR /SURETY name, address and telephone
number and the name, title, address and telephone number for authorized representative.

C
Exhibit 2 1173

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

State of California
County of Los Arlcerls
Subscribed and sworn. to (or affirmed) before me on t is 8th day of faftu a ° 20 20 , by Donna Garcia proved to mc on the basis of satisfactory evidence to be the person(s) who appeared before me.

EThANSFECTOR
P b!ic - California
ngees County
Commission # Z3©8417
y Comm, Expires Oct 11, 202
Signature .
ignature of Notary Public
Exhibit 2 1174

TRAVELERS
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
St. Paul Fire and Marine Insurance Company

POWER OF ATTORNEY
KNOW ALL MEN EY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St Pa
ul Fire. and Marine Insurance Company are corporations duly organized under the laws o₹ the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Donna Garcia of LOS ANGELES Californ
, their true
d
es,
conditional undertakings and other wntir sa obi gato in the nature thereof on Companies nd in heir bid all bonds, guaranteeing the
�" � 9a of rY behalf of the g. y
fidelity of persons, guaranteeing the performance of tc©ntracts and executing or e guaranteeing nbo bonds ± business of gp a, antednr the lawful y 9 acknowledge
and undertakings required or permitted in any
actions or proceedings allowed by law.

N WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 17th day of ,January, 2019.

State of Connecticut
City of Hartford ss.

Vice, President
On this the 17th day of ,January, 2019, before me personally appeared RobertL. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty end Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes. therein contained by signing or, behalf of said Compares by himself as a duly authorized officer.

IN WITNESS WHEREOF, 1 hereunto set my hand and official seal.

My Commission expires the 30th day of Juno, 2021
/27
Anna P. Nowik, Notary Public
This Power of Attorney is granted under and by the authority ofth f following ing resolutions
adopted
Marine Boards
rdsnof Directors
of Travelers Casualty and
Surety Company of America, Travelers Casualty and Sure Company, resolutions are now in foil farce and effect, reading as follows:

RERESOLVED, that the Chairman, the President, any Vice Chairman, any Executive r any Assistant Senior Vice President, any Vice President, any "" eve Lice President, an Se[
any Assistant Treasurer, such appointee such authority certificate of appoint y prescribe and Agents h to act for and on behalf d seal the ith the Com ant s seat6bonds, recoaniz ances, contracts of indemnity, a Second Vice President, the re, Secretary t Attornm sin -Fact Company ficate of authority may rescnbe to sign
with the Company's name �� pw y � and ether writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate ad or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance contract of indemnity, or writing obligatory in the nature of a brand, recognizance., or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senor Vice E' y t Treasurer, the Corporate Secretary or any Assistant Secretary y Secoed Company's Secretary; ( 1 y l if Pcretaidcand duly attested sealed with the CVice� y'si�eal by? a Treasurer, y or Assistant Assistant
or b duly executed (under ,,ea
requires) by one or more Attorneys -in -Fact and Agents pursuant to the power' prescribed in his or her certificate ate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of executing or to any certificate relating thereto appointing Resident Vice Presidents, si nts, Resident Assistant Secretariesd any such Power of s Attorney for r purposes only of
Attorney
cg and signature
facsimile
� doe undertakings
s and other writings obligatoryin the mature thereof, an such y g l l be valid and binding upon the Company and any such power so executed and certified by such bearing by such facsimile
signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached, Kevin E. Hughes.., the undersigned, Assistant Secretary of Travelers Gssu'alty and Surely Company of America, Travelers Casuatfy and Surety Company,
om . nexecuted by au Paul
re and.
ca Marine
in remains om asn by certify that the above and foregoing is a true and correct copy ut the Power of Goa' y, and Company, du here
attorney ex,e . Companies, s in full force and effect.

Gated this day of
To verify the authenticity of this Power of.',Ulm-nay, please Calif bas at 1-W0421-3880 Please refer to the above -named Attorney -in -Fact and the detads of the bond to which this Power of tterney as attached Exhibit 2 1175

Company Background
In June 2014, Brickman and ValleyCrest merged creating a new company with a nationwide presence, a combined $2 billion in revenue and over 22,000 employees.

In 2018, BrightView begins its Initial Public Offering (IPO) and becomes a publicly traded company (BV).

BrightView provides high -quality landscape services with an unwavering commitment to client service.

As the nation's leading commercial landscaping services company, BrightView's 20,000 + team members provide services ranging from landscape maintenance and enhancements to tree care and landscape development for thousands of client properties, including corporate and commercial properties, homeowners' associations, public parks, hotels and resorts, hospitals and other healthcare facilities, educational institutions, restaurants and retail, and golf courses. BrightView landscapes positively impact millions of lives every day.

The Leading Landscape Solutions Provider
In our Landscape Maintenance Division, we employ over 22,000 employees and have 121 branches in 32 states and Puerto Rico, We specialize in a large array of services with an emphasis on water management.

Landscape construction & installation
Landscape maintenance
• Tree growing & moving
• Horticultural products
• Design; Build
Year founded 1949
Year Incorporated 1970
• LEED Certified Professionals
With 7 brunch locations employing over 300 team members within the County of Los Angeles„ rrg3' tView's structure ensures quality and service are delivered by a local, weft -trained and professional staff. BrightView takes a unique approach to every project and our clients profit from a proven and systematic method that generates tangible results.

Number of Employees:

Our Services:

At the busiest time of the year, we have approximately
22„000 employees. BrightView Landscapes, LLC is an Equal Opportunity Employer.

Here is just a sample of our many capabilities:
• Landscape Management Services:
• Irrigation Services
c� Horticultural Services
c Turf Care Management
Tree Care Management
Integrated Pest Management
Landscape Enhancements
Exhibit 2 1176

Season/ Flower Displays
Snow Management
Holiday Decorations
Forest Management
ani Cape Design Services
Landscape Construction Services
have we been in busne;
70 Years
Exhibit 2 1177

Your Dedicated Team
The crew hand selected for Ford Park Landscape Maintenance has the skills and experience necessary to meet your specific needs of general landscaping and maintaining both city, municipal, and private sports fields, as well as public parks, Our maintenance team will interface with you and ensure a unified vision is accomplished for the property, Meet your Landscape Maintenance Team:

TEAM MEMBER
Gerrad Hill
Gil Rocha-Lugo
Victor Martinez
Sal Navarro
Emiliano Ortiz
Mike Skopik
Our tr 3ned staff wit
be assigned at
contract award date

JOB TITLE
Branch Manager
Account Manager/
Supervisor
ew Leader
Tree Service Branch
Manager
rrigation Manager
Pest Control Manager
Gardening Team
Monday -Friday with a
crew of 3. Hours will
vary based on the
growing season.

JOB RESPONSIBILITY
Oversees all operations. ISA Certified Arborist
Accountable for your complete satisfaction
Maintains schedule and Daily and Monthly
Reports.

Ensures compliance to job specs and quality
Manages crews
Interfaces with on -site contact
Schedules workload for crew
Ensure readiness of workers, tools and materials
Maintains safe working conditions
Trains field personnel
Assists w/large pruning jobs, chemical
applications
Helps identify problem areas
Inspect/clear drain covers, irrigation valves
Oversees all Tree Care Service Operations. ISA
Certified Arborist
Conducts Preventative maintenance inspections
Adjusts, repairs and troubleshoots problems
Applies insecticides, herbicides, fungicides and
other chemicals, safely and in accordance with
the specifications
Perform plant detail operations including turf
maintenance.

Perform all pruning and hedging operations
Maintains planter beds/perform minor spray
applications
Debris pick up related to maintenance operations
in park and sports fields
Details flowers/perennials/shrubs
Irrigation maintenance
Exhibit 2
1178

REFERENCES
The following are the names, addresses, and telephone numbers for three public agencies for which CONTRACTOR has performed similar work within the past 2 years:

1. Lynw.od Middle School
Name and Address of Owner
anuel V. Jaramillo RFA, LEED (323) 447-0996 (Project Engineer) ame and telephone nu er o person arm oar uv� Tp ject _
$25,000
Contract ou
Field Renovation & Maintenance
ype o"t wo
Ongoing
--D-1-6 completed'

2. EI Seqndo Unified School District -641 Sheldon St, EI Segundo, Ca, 90245 Name and Address of Owner
Ali Rabiei (310) 863-7657
i e ancTe epbone number a person a h-prole—c
$120,000
Ctract amount
Landscape & Field Maintenance Ongoing
Type of work

3. Grand Park- 135 N Grand Ave. Los Angeles, Ca, 90012
Name and Address of Owner
Uate cOr p eT 1
Delia Martin- (213) 972-3032
Name.. an .....feiep or}e number otApefsari fami'Char with prote .. " $147,000 Park and Music Center Maintenance Ongoing
C i-ntract _ amot.unt yep of w
"Date complefe8
The following are the names, addresses and telephone numbers of all brokers and sureties from whom CONTRACTOR intends to procure insurance bonds:

Travelers Casualty and Surety Company of America
Donna Garcia- Attorney (818) 409IT4241
Exhibit 2 1179

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

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

NONCCLLLUCI0NyAFFIDAVIT
CONTRACTOR declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the AGENCY is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work and that this proposal is in all respects fair and without collusion or fraud,
Exhibit 2 1180

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

Contractor's Name E3rightView ..andsca ,e Services, Inc.

Business Address 17813 S. Main St. #105
Gardena, Ca. 90248
Telephone 310-327-8700
State Contractor's License No.; Class, and DIR Reg #
266211 (C27, C31, C61/D49), QIRl1000005364
Original Date Issued 3/31/19
Expiration Date 313112 0
h e
The following are the names, titles, addresses and phone numbers of all individuals, fi members, partners, joint ventures and/or corporate officers having a principal interest in this proposal:

Adam Budniak- Vice President General Manager, Jason English- Business Developer 17813 S. Main St. #105, Gardena, Ca. 90248
310-327-8700
The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal, or any firm, corporation, partnership or joint venture of which any principal having an interest in this proposal was an owner, corporate officer, partner or joint venture are as follows:

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

Exhibit 2 1181

Exhibit 2 1182

To: Prospective Bidders
From: Cesar Roldan, Engineering Services Manager
Date: 12/31/2019
Subject: Addendum # 1 Ford Park Landscape Maintenance Contract The following questions were posed by potential bidders and the answers are in red:

1. Is the term for 36 months (3years) or 3 years 11 months? E-3 The contract is for three (3) years, plus , o (2), one (1) year extensions.

2. Should the base bid be the same for the duration of the contract term or can we increase yearly based on CPI?
CPI should be included.

3. Should policing of litter be lx/week 5x/week or 7x/week? Contractor is responsible to collect and properly dispose of the landscape debris only.

4. Are we to change trash can liners? Are liners provided? No,. N/

5. Is daily 5 days or 7 days?
5 days.

6. Besides fertilize and pruning of palm trees, whit are we responsible for in terms of other trees. Full prune annually for all trees? Safety and clearance only? The City of Bell GGarde
a separate contract for pr°urisg of the trees.

Ho ever, trees, bushes, etc, within the project sco of wort€ must be prune allow for pedestrian access a d apprs priate cie rances are required aintaised as part of this spr° ciftc contract.

7. If all trees should be included, will you provide a schedule so that all contractors will be bidding the same requirements?
/A. Not included.

8. Are you satisfied with the current level of maintenance? No comment,
Exhibit 2 1183

9. What improvements would you like to be made?
e commend ,tio irn lode be er° weed ortt
center, planter $ °N s` ai need to
attention to the o'verii tail o"'the m; i
Who is the current contractor?
t n1s,. ;pe Care,. inc.

11. What is the current cost for landscape maintenance? $7,1991 nth

12.Is the scope of work in this RFP the sa ,e as the scope of work in the current contract? Are there any differences?
my 1ff rer ce is itemizing the main to nance of the baseball fields (cornnpensation budgetary).

13. if the scope of work is different than the current scope of work, what are the differences?
Only, difference is itemizing the maintenance of the baseball fields (compensation hudgetaTy).

14.During the mowing process, collecting turf clippings is a much slower process whe compared to mulching the clippings back into the turf. If the turf clippings are not noticeably visible when using a mulching mower, are we allowed to use it?
Yes,

15. Referring to Page MS4, Section M-5 B. To clarify, contractor is responsible for re -sodding only if turf is damaged by contractor's negligence as stated in page 1-18. Correct?
Yes.

16.1s Contractor allowed to pulverized soil cores from Aeration process? Yes..

17. Do you have a count on how many Phoenix dactylifera is the contractor responsible for?
nir nTrees None will i xi nded on this t o

18. Why is this RFP out to bid again after 2 months?
Budge ry co trainta.
19, How many trees need manual water by "water truck, hose, or other appropriate means" as indicated in Pg MS -8
All trees ire the park aroa scope of work) are covered via an irrigation system. anaally watering the trees is rot rneeded or reg heel.
20, Can you provide us with irrigation controller counts and valve coumts? Sports Center . 3 Controllers & 78 valves
East Side of Ford Park - 2 controllers & 27 vases
Exhibit 2 1184

2 f .During the n°aandatory meeting, there was a statement stating that one part of the park will be under construction for 2 years. Can you provide the measurements and location of that area so that we can adjust our bid accordingly?
Please see aftached map otll ,truction project„

22. During the meeting there was a statement saying that we ,ire not responsible for the east side irrigation. Can you please elaborate on this? Piease see attached map,

23. Can y u provide us with a map showing the perimeter of both the sports field area and the park?
Please see attached rr ap.

24. Below is a list of items that we would like to know if we are responsible for. C µ n you please clarify? If we are responsible for any items listed, please provide specs and frequencies.
• Cleaning drinking fountains — iicr
• Power washing No
• Cleaning benches — r
a BBQ — No
CIS °an, inspect, rototill„ or refresh Playground — No
Trash cans — No
▪ Artificial turf — No
• Mulching — Yes
• Rest Rooms No
® Graffiti ar

25. How many men are currently on the job?
The current contractor has several e
contractor's responsibility to provide. a pr
ualiris d employees that they believe will br
acceptable rnan e w to ti° e C ity.
an
Bidder's Certificate: This Certificate must be signed and returned together with the Bid Proposal, otherwise the Bid submitted shall be considered incomplete.

I ACKNOWLEDGE RECEIPT OF THIS ADDEND I M # 1 AND i ACCEPT THE AFOREMENTIONED CONDITIONS.

DATE:

COMPANY:

SIGNATURE:

TITLE: m
Exhibit 2 1185

PHASE I
\
PHASE

PHASE III
kF, r^:F ro-w,
•
Exhibit 2
1186

ENGINEERS
Great John Anson Ford Park Sports Center
=CCQ P9r<, Lana
LEGEND.

LIMIT OF WORK

THIS CROSS HACHED

AREA IS NOT INCLUDED
IN PROJECT WORK.

Exhibit 2
1187

To:

ILA 90201-6122
Prospective Bidders
From: Chau Vu, Director of Public orks
Date: 01/13/2020
Subject: d endu 2 For Park Lan scatae aintenance Contract The following modification has been made to the Bid Proposal Due Date:

The new Bid Proposal Due Date is
Bidder's Certificate: This Certificate must be signed and returned together with the Bid Proposal, otherwise the Bid submitted shall be considered incomplete. This Addendum shall become part of any contract made pursuant thereto.

E E FECEIPT r THIS A N U 2 AN I ACCEPT THE
C
DATE:

COMPANY:

SIGNATURE:

TITLE'
Ti NS
Exhibit 2 1188

To:

Prospective Bidders
From: Chau Vu, Director of Public Works
Date: 01/21/2020
Subject:
dden
urn # 3 Ford ark Lan sca a aintenance Contract
The following modification has been made to the Bid Proposal Due Date:

The new Bid Proposal Due Date is
Bidder's Certificate: This Certificate must be signed and returned together with the Bid Proposal, otherwise the Bid submitted shall be considered incomplete. This Addendum shall become part of any contract made pursuant thereto.

I ACKN
AF
DATE:

COMPANY:

SIGNATURE:

T
D E RECEIPT OF THIS ADDS UM # 3 AND 9 ACCEPT THE
C
T
Exhibit 2 1189

GARDEN v J )L} ?. .

To: Prospective Bidders
From: Chau Vu, Director of Public Works
Date: 01/27/2020
Subject: Addendum # 4 Ford Park Landscape Maintenance Contract The following questions were posed by potential bidders and the answers are in red:

I did not see a line item price for the 2 Baseball fields that will be shut down and not maintained during the construction period. Where do you want us to put this pricing in the RFP7 The Clt"r h sprovided a revised Proposal Schedule to be: used to address Ns
this issue.

2. The construction map contradicts the colored site map. In the construction map the Soccer fields central and southwest are not in that scope. Are they still in the maintenance scope? The soccer fields excluded from the contrct are the two (2) fields with artificial turf" "The artificial turf fields a excl ided from the contract.. 3 Also, are we just excluding phase I from maintenance operations which is part of the north parking and baseball field? However, Phase II and III are still included in maintenance scope? (SEE AT7 1 D f l:V1Se xl r edD ULE)
4 Is a "Reel" mower required or can we use a rotary mowe A riding ,Lot ab "rxrarr" f;r`` 'fNYr"r f tfj °,

5. Do you want aeration included in the cost (3x/year), or just as a unit cost per 1,000/ft on the Unit Cost worksheet? Same question for Dethatching and overseed. Are these costs included in the monthly or charged as extra work? Aeration is performed 'four (4) ler year per the Annual l Maintenance Sa '"4"1u : r the project Costs, fa lr, r � aai �>��� �� � � ts are to prated into the Unit i""Ir''"ce List as mote

6. The scope requires daily reports. Does this mean service is required 5x/week (M -F)? Dee reports rah€ are required f' '" �a s service i e a t o ,s r Annual �..p. , , e �.,� the � ar�a� B�� r��.af 6r��r� �a � ,��a,�n�."rl per 4�.,� f r lr°xlr r ar8ce Schedule in the prrrfs,.;ct ?.
7 Is quarterly color required as part of the monthly cost or charged as additional services? Quarterly rterly cover is requirt and the costa r<hal e `r ,$ s„ ( i �l for each q��.��,)
quarter r"r per ti a ffr lt`. Price List as noted„
Exhibit 2 1190

s ATTACHE' �ti a c s �' E "� efts 9 Z

8. On page C -2(b) it states that, (SEE ,tW `t u . L. SCHEDULE) The park area has 32,591 sqft of turf but I measured 418,136 sqft of turf.. b. The park area has 10,034 sqft of shrubs and ground cover but l measured 2„659 sqft
c. The sports field area has 39,423 sqft of turf but I measured 384,998 .sqft of turf d.. The sports field area has 24.679 sqft •f shrubs and ground cover but I measured 36,592 soft.
e. Can you please clarify the correct amount .f turf and planters for each area?

9. How will the City of ell Gardens determine how much money will be deducted from the monthly ra'intenance amount when the construction starts on the 2 baseball fields? The revised Proposal Schedule shows the ball field reduction. A. reap is also =r. Jed showing the „areas to be deducted. The areas to be deducted are 1 2, and 4[ 3 and"'5 are to be maintained by the City.

10. Referring to question 21 in addendum #1, should we not exclude phases 1, 2, and 3 in our bid interms of irrigation, landscaping, or both? For how long? ..€he construction phase of the cistern project is approximately eighteen (18) to twenty-four (24) months. .

Though once the entire park is operational, the City will include the maintenance of the sections under construction at a future dates.
1,1. If irrigation or landscaping a certain area will be excluded from the contract for 2 years and the contract term is for 3 years„ then why doesn't the fee schedule have options for pricing each year separately? The revised Proposal Schedule shows the ball field reduction, A map is also included showing the areas to be deducted. The areas to be deducted are 1,,2, and 4. Areas 3 and 5 are to be maintained d by the City.

Contractors must utilize revised bid schedule.

The Bid Proposal Due Date remains as Thursday, January 30, 2020 at or before 2:00 P.M.

Bidder's Certificate: This Certificate must be signed and returned together with the Bid Proposal, otherwise the Bid submitted shall be considered incomplete. This Addendum shall become part of any contract nm de pursuant thereto.

I ACKNOWLEDGE RECEIPT OF THIS ADDENDUM #4 AND I ACCEPT THE AFOREMENTIONED CONDITIONS.

DATE:

COMPANY:_
SIGNATURE:

TITLE:.

ATTACHMENTS:
co Revised Bid Schedule
Ford Park Green Area
Exhibit 2 1191

REVISED PROPOSAL

SCHEDULE FORD PARK

LANDSCAPE MAINTENANCE

CITY OF BELL GARDENS
Exhibit 2
Landscape Area
Quantity
Unit
Activity..

Monthly
Total
(Rounded to
Whole Dollars)
Ford Park
457,000 S.F.

Lawn 8, 9, 10 & 11
$ 2,618.00
2,700 S.F.

Shrubs and ground
cover
$ 1,354.00
459,500 S.F.

Irrigation system
$ 1 47.00

2. Sports Fields
148,00d S.F.

Subtotal $ 4,119.00
Lawn 1, 2 & 3
(Construction area to
be deducted)
$ 854.00
163,00
S.F.

Lawn 6 & 7 — Soccer
Fields
$ 706.00
37,00
S.F.

Shrubs and ground
cover
$ 1,314.00
348,00
S.F.

Irrigation system
$ 294.00
Subtotal
168.00
Monthly Total $ 7, 28T00
TOTAL ANNUAL COST (monthly X 12) $ Eight -Seven Thousand, Four -Hundred and Forty -Four Dollars/00
(Figures)
Print Total Annual Cost in Words)
1192

IT
LI
T
The following prices are hereby made a part of this Agreement:

A. Unit Prices for Additional ork

1. iscellaneous irrigation repair parts at cost plus

2. Pop-up sprinkler in place
4 inch at
6 inch at
12 inch at
Pop-up gear drive sprinkler in place 4 inch at
12 inch at

4. Fixed shrub sprinkler in place at

5. Fixed shrub gear drive sprinkler in place

6. 1 -gallon shrub in place

7. 5 -gallon shrub in place

8. 24 Inch •ox — Palm Tree

9. r ELET

10. ELET

11. I LET D

12. Flat of ground cover in place

13. 4 -inch pot annual/perennial color
$ 10
at $10
at $ 15
at $ 40
at $ 350
at $_
$ 30
$ 35
15% percent.
$25 ea.
ea.
ea.
$ 10 _ea.
$ 15 ea.
ea.
ea.
ea.
ea.
ea.
at $ ea.
at $ ea.
at $ 32 ea.
at $ 2 ea.

14. Planter bed mulch in place at $ 40 /cubic yard

15. Turf renovation (incl. dethatches, overseed,
top dress) at $ 180.00 /1,000 sq. ft.

16. Turf aeration. at $ 7.00 /1,000 sq. ft.

17. Dethatch turf. at $ 5.00 /1,000 sq. ft.

18. Fertilize turf. at $ 2.36 /1,000 sq. ft.

19. Additional labor

20. Additional foreman
at $ 38 /man-hour
at $ 60 /man-hour
Exhibit 2 1193

21. Additional mowing

22. Play area sand delivered and
placed (sand shall be washed
plaster sand or equivalent
approved by Engineer)
at $ .136 /100 sq. ft.
at $ 150 /ton
Unit prices to be paid shall be full compensation for the items of work and all appurtenant work, including fumishing all materials, labor, equipment, tools, and incidentals. ( eference: Standard Specifications, Section 9-3 Payment, Subsection 9-3.1 (General.)
C. The foregoing unit prices are for the purpose of expediting authorization of extra work as defined in Section 3-3 Extra ork within these Specifications. The Agency is not bound by the prices listed by the CO T CTO in this proposal, nor will these prices affect award of the proposal. The prices will be subject to the conditions stipulated in Subsection 3-3.2 Payment of these Specifications, including Agency audit. The Agency reserves the right to negotiate the foregoing unit prices prior to execution of the Contract Agreement.

Exhibit 2 1194

John Anson Ford Park S;: orts Center
6O,,303
23,213
76,278
Exhibit 2 1195

MATERIAL AND LABOR BOND FOR

FORD PARK LANDSCAPE MAINTENANCE

IN THE CITY OF BELL GARDENS
Bond Number: 107242062
Effective: June 1, 2020 to June 1, 2021
KNOW ALL MEN BY THESE PRESENTS that BrightView Landscape Services, Inc. as and Travelers Casualty and Surety ompu SURETY, are firmlyCONTRACTOR, held bound unto the City of Bell Gardens, as AGENCY, in the penal sum of Dollars ($ s26s,000.00 ), which is 50 percent of the total contract amount for the above - stated project, for payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.

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

IN WITNESS WHEREOF the parties have set their names, titles, hands, and seals this 27th day of May 2020.

CONTRACTOR*
SURETY*
BrightView Landscape Services, Inc. /17813 S. Main 5t #105 Gardena, CA 90248/310 3278700 Travelers Casualty and Sure
f
L, Sue_
pony of America/One Tower Square, Bond/SPB, Hartford, CT 061 83/81 8 409 4192 e Gerhard, Attor y-In-Fact
Subscribed and sworn to this day of

NOTARY PUBLIC
20 ***SEE ATTACHEDJURAT***
* Provide CONTRACTOR/SURETY name, address and telephone number and the name, title, address, and telephone number of authorized representative.

Exhibit 2 1196

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

State of California
County of Los Angeles
Subscribed and sworn to (or affirmed) before me on this AY 2 21'2 , by Simone Gerhard, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

Signature
illas, Notary Public
Exhibit 2 1197

TRAVELERS tT�
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
St. Paul Fire and Marine Insurance Company

POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St.

Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Simone Gerhard, of Los Angeles, California, their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.

IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017.

State of Connecticut
By:

City of Hartford ss.

Robert L. Raney, Senior Vice President
On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.

In Witness Whereof, I hereunto set my hand and official seal.

My Commission expires the 30th day of June, 2021
o v,1i- C it 0.u.Ja
Marie C. Tetreault, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows:

RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached, I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St, Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect.

Dated this
day of MAY 2 7, 2020
Kevin E, Hughes, Assistant Secretary
To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880.

Please refer to the above -named Attorney -in -Fact and the details of the bond to which the power is attached.

Exhibit 2 1198

EXHIBIT "B"
2024 CPI REQUEST LETTER
5 Exhibit 2 1199

17131.3 South ,Main Street #1015
Gamer a CA 901148
C 310 327 8700
www_hbrigntvew nom
7dscape Service's
July 17, 2024
City of BeII Gardens
8327 S. Garfield Avenue
BeII Gardens, CA 90201
Attention: Michael B. O'Kelly
Reference: City of BeII Gardens Landscape Maintenance Price Increase We are sending this notice to seek a price increase of 3.9% in accordance with the maximum amount permitted by our agreement. This would take effect retroactively to July 1, 2024 to align with the city's fiscal year.

We thank you for the opportunity to serve your landscaping needs and look forward to continuing our relationship with the City of BeII Gardens.

Sincerely,
Andrew Mori
Exhibit 2 1200

Client Partnership Plan
Date: 6/19/2024
Branch Name & No.: 32810 - Los Angeles
Account Manager: Gil Rocha
Contract Start Date: 7/1/2024
Contract End Date: 6/30/2025
Budget Due Date: 6/30/2024
Job Name: Ford Park
Job No.: 328100246
Client Name: Michael B. O'Kelly
Client Phone No.: 562-806-7650
Client E-mail: [email protected]
Notes:

Landscape Services
Previous Annual Maintenance Price: $ 92,839.80
Annual Contract Increase %: 3.90%
Desired Annual Maintenance Price: $ 96,460.55
Category
Service JUL AUG SEP OCT NOV DEC JAN FEB MAR
APR MAY JUN Total
Maintenance
Exterior Maintenance Contract
$ 8,038.38
$ 8,038.38
$ 8,038.38
$ 8,038.38
$ 8,038.38
$ 8,038.38
$ 8,038.38
$ 8,038.38
$ 8,038.38
$ 8,038.38
$ 8,038,38
$ 8,038.38
$ 96,460.55
Irrigation
Repairs
$ 1,000.00
$ 1,000.00
$ 1,000.00
$ 1,000.00
$ 1,000.00
$ 1,000.00
$ 1,000.00
$ 1,000.00
$ 1,000.00
$ 9,000.00
Enhancements
Landscape Improvements
$ 3,000.00
$ 10,000.00
$ 13,000,00
Monthly Contract Totals
$ 8,038.38
$ 8,038.38
$ 8,038.38
$ 8,038.38
$ 8,038.38
$ 8,038.38
$ 8,038.38
$ 8,038.38
$ 8,038.38
$ 8,038.38
$ 8,038.38
$ 8,038.38
$ 96,460.55
Ancillary Items
$ 1,000.00
$ 1,000.00
$ 1,000.00
$ 1,000.00
$ 1,000.00
$ -
$ -
$ -
$ 4,000.00
$ 1,000.00
$ 11,000.00
$ 1,000.00
$ 22,000.00
Grand Total
$ 9,038.38
$ 9,038.38
$ 9,038.38
$ 9,038.38
$ 9,038.38
$ 8,038.38
$ 8,038.38
$ 8,038.38
$ 12,038.38 $ 9,038.38
$ 19,038.38
$ 9,038.38
$ 118,460.55
Comments:

Landscape maintenance CPI July 2024
Irrigation repairs - budgeted incentials only
The provisions set forth on each page of this addendum shall hereby become an integral part of the contract to which it is attached with the same force and effect as if these changes had been entered directly on the original contract. All provisions or portions of provisions in the original contract, which are not expressly modified by this addendum, shall remain in full force and effect.

CHANGES:

By:

The Parties hereby agree to amend that certain Performance Contract for Landscape Management Services, July 1, 2024 between the City of Bell Gardens and BrightView Services as follows:

As of July 1, 2024, the existing monthly contract total of $7,736.65 will increase to a new monthly total of $8,038.38 or a new annual increase from the existing contract of $92,839.80 to a new annual contract total of $96,460.55 for the current scope of work.

City of Bell Gardens
Michael B. O'Kelly, City Manager
Date:

By:

BrightView Landscape Services, Inc.

Andrew Mori, Branch Manager
Date:

Exhibit 2 1201

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 18.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Elizabeth Nava, Director of Recreation and Community Services SUBJECT: APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH THE LOS ANGELES

REGIONAL FOOD BANK
DATE: July 22, 2024
RECOMMENDATION:

It is staff's recommendation that the City Council approve the attached MOU between the City of Bell Gardens and Los Angeles Regional Food Bank for food supplies for a monthly food distribution.

BACKGROUND/DISCUSSION:

When the COVI D-19 Pandemic struck the United States, the City was quick to mobilize and create programs that would aid our community. One such example was the monthly food distributions which are held on the third Saturday of the month. These food distributions have been providing staples of perishable and non-perishable food items monthly to approximately 500 families.

Since 2020, the Los Angeles Regional Food Bank provided the City with food resources at three (3) major food EtalgitibbilitilddlEi
Grig the need to continue to provide monthly access to food to sustain families in the Community. As such as, Staff recommends the City enter into an MOU with the Los Angeles Regional Food Bank.

Staff at the Community Family Resource Center will continue to register families and distribute food on the third Saturday of each month. Staff is proposing to provide 500 food boxes monthly, with capacity to increase to 700 monthly if necessary. During the months of November and December the capacity for these distributions will increase to 1500 each.

CONCLUSION:

Staff recommends the City enter into MOU with the Los Angeles Regional Food Bank to continue to provide food boxes monthly to the families of Bell Gardens.

FISCAL IMPACT:

Funding for this program is included in the Fiscal Year 24-25 annual Budget for $25,000.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2024-58
Exhibit 2 - MOU with Los Angeles Regional Food Bank
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
1202

Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services

RESOLUTION NO. 2024-58

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA APPROVING AND AUTHORIZING A

MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY

OF BELL GARDENS AND THE LOS ANGELES REGIONAL FOOD BANK
WHEREAS, the City of Bell Gardens (the "City") and the Los Angeles Regional Food Bank (the "Food Bank") wish to enter into a Memorandum of Understanding ("MOU") which will allow the City to engage the Food Bank for the City's monthly food distribution program; and
WHEREAS, the City and the Food Bank desire to enter into the MOU for the monthly food distribution program.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. The City Council, after consideration of the staff report and presentation, discussion, oral testimony and evidence presented to the City Council, hereby finds that the above recitals are true and correct and incorporate them herein.

SECTION 2. The City Council approves the MOU and authorizes and directs the City Manager to execute the MOU attached hereto as Exhibit 2.

SECTION 3. The City Council further authorizes and directs the City Manager and staff to take all actions necessary and appropriate to implement and effectuate the intent of the City Council as set forth in this Resolution.

SECTION 4. Subject to all applicable laws, the City Council hereby authorizes the City Manager to execute any ancillary documents relating to the MOU, including any amendments, extensions, and other documents consistent with the MOU and this Resolution.

SECTION 5. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. The City Clerk shall attest and certify to the passage and adoption of this Resolution, and it shall become effective immediately upon its approval.
[Signatures on the following page]
Exhibit 1 1204

Resolution No. 2024-58
PASSED, APPROVED AND ADOPTED this 22nd day of July, 2024.

THE CITY OF BELL GARDENS
Gabriela Gomez, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez
City Attorney
2 of 3
Daisy Gomez
City Clerk
Exhibit 1 1205

Resolution No. 2024-58
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:
3 of 3
Exhibit 1 1206

MEMORANDUM OF UNDERSTANDING

BETWEEN THE

LOS ANGELES REGIONAL FOOD BANK AND THE CITY OF BELL GARDENS

REGARDING THE BELL GARDENS MONTHLY FOOD DISTRIBUTION PROGRAM This Memorandum of Understanding ("MOU" or "Agreement") is made by and between the Los Angeles Regional Food Bank ("Subrecipient") and the City of Bell Gardens ("City") for the purpose of partnering on the Bell Gardens Monthly Family Food Distribution Program ("Project"), to be conducted from July 1, 2024 through June 30, 2025, in the City and County of Los Angeles herein as "Party" and may be collectively referred to herein as "Parties."

RECITALS
WHEREAS, the City wishes to engage the Subrecipient to assist the City facilitating the food distribution program and utilizing such funds; WHEREAS, the City has clearance to release the funds for this project; WHEREAS, the purpose of this MOU is to describe the roles and responsibilities of the Parties, and shall supersede and replace any previous agreements between Subrecipient and the City related to the Project described herein.

NOW THEREFORE, IN CONSIDERATION OF THESE RECITALS, AND THE

MUTUAL COVENANTS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS:

1. MOU Contents and Objective
A. This MOU is comprised of these terms and conditions contained herein and any attached Exhibits and may be amended only by written agreement between Subrecipient and the City. Such terms and conditions are subject to change. The Recitals to this Agreement are also incorporated herein by this reference.

B. The Subrecipient certifies that the activities carried out with funds provided under this MOU will meet the Monthly Family Food Distribution to residents of Bell Gardens and Los Angeles County.

2. Scope of Work
A. Subject to the terms and conditions of this Agreement, Recipient agrees to provide the services and tasks described in that certain proposal entitled "Scope of Services" (hereinafter, the "Scope of Work") which is attached and incorporated hereto as Exhibit "A".

3. Term
Exhibit 2 '1207

The Term of this Agreement shall begin on the Effective Date of the Agreement and continue until June 30, 2025, hereinafter referred to as the "Completion Date," unless terminated earlier as provided herein (hereinafter "Term"). Time is of the essence in the performance of services under this MOU.

4. Compensation
A. City has allocated General Funds in a not -to -exceed amount of Twenty -Five Thousand Dollars ($25,000) (hereinafter "Not -to -Exceed Amount") to the Subrecipient to assist with the program costs for activities described in the Scope of Work.

B. Subrecipient shall submit to the City a "Reimbursement Request" within thirty (30) calendar days after signing the agreement.

5. Project Management
A. For purposes of this MOU, Subrecipient designates the following Project Managers:

Los Angeles Regional Food Bank
Elizabeth Cervantes
Director of Agency Relations & Product Acquisitions
1734 East 41st Street
Los Angeles, California 90058
323.234.3030 x132
ecervantes 4lafoodbank.orq
Recipient reserves the right to change this designation upon written notice to City.

B. For purposes of this MOU, City designates the following individual as its Project Managers:

Elizabeth Nava
City of Bell Gardens
Director of Recreation and Community Services
8000 Park Lane
Bell Gardens, California 90201
562.806.7650
enava `abellgardens.orq
City reserves the right to change this designation upon written notice to Recipient.

6. MOU Changes
A. No alteration or deviation of the terms of this MOU shall be valid unless made in writing and properly executed by both Parties.

Exhibit 2 X208

7. Records Retention
A. Unless otherwise notified by the City, the Subrecipient shall retain all financial records, supporting documents and statistical reports related to the project identified under this Agreement. All records subject to an audit finding must be retained for five (5) years from the date the finding is made or until the finding has been cleared by appropriate officials and the Subrecipient has been given official written notice.

B. The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts.

8. Notices
Any notice or notices required or permitted to be given pursuant to this MOU may be personally served on the other Party by the Party giving such notice, or may be served by certified mail, return receipt requested, to the following addresses:

To Subrecipient:

To City:

9. Compliance with Laws
Los Angeles Regional Food Bank
Elizabeth Cervantes
Director of Agency Relations & Product Acquisitions
1734 East 41st Street
Los Angeles, California 90058
323.234.3030 x132
ecervantes'lafoodbank.org
City of Bell Gardens
Elizabeth Nava
Director of Recreation and Community Services
8000 Park Lane
Bell Gardens, California 90201
562.806.7650
enava(a' bellgardens.orq
The Parties shall comply with all Federal, State, County and City laws, ordinances, rules and regulations applicable to the production of the Project.

10. Disputes
Except as otherwise provided in this MOU, if a dispute arises between the Parties to this MOU, the Parties hereto agree to use the following procedure to resolve such dispute, prior to pursuing other legal remedies:

A. A meeting shall be held promptly between the Parties that will be attended by individuals with decision -making authority (to the extent reasonably possible), who will attempt in good faith to negotiate a resolution of the dispute.

Exhibit 2 T'209

B. If the parties are unsuccessful in resolving the dispute under (a) above, they may:
agree to submit the matter to mediation, binding judicial reference, or a private adjudicator (if all Parties so agree); or

2. initiate litigation following advance written notice to the other Party of not less than thirty (30) days.

C. If any party should bring a legal action against the other to enforce the terms of this MOU, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs, as determined by a court of competent jurisdiction in said proceeding.

11. Noncompliance
In addition to such other remedies as provided by law, in the event of noncompliance with any grant condition or specific requirement of this MOU, this MOU may be terminated.

12. Termination of MOU
A. Termination for Convenience. Either Party may terminate this MOU at any time by giving written notice to the other party of such termination at least ten (10) calendar days before the effective date of such termination.

B. Termination for Cause. If through any cause, Recipient shall fail to timely and adequately fulfill its obligations under this MOU, or if Recipient violates any of the covenants, agreements, or stipulations of this MOU, City shall thereupon have the right to terminate the MOU by giving not less than ten (10) calendar days written notice to Recipient of the intent to terminate and specifying the effective date thereof. The City of Bell Gardens shall provide a reasonable opportunity for Recipient to cure prior to termination. In no event shall such opportunity to cure extend beyond the term of the MOU. In the event that City invokes this termination clause, all finished or unfinished documents and other materials as described in the MOU that belong to City shall be returned to City at its option.

13. Non -Assignment
A. Neither Party shall assign this MOU, or any part thereof, without the written consent of each Party to this MOU. Any assignment without such written consent shall be void and unenforceable.

B. The covenants and agreement of this MOU shall inure to the benefit of and shall be binding upon each of the Parties and their respective successors and assignees.

Exhibit 2

14. Indemnity
Except for the negligence or willful misconduct of the City and any of its officers, 1210

agents, employees, assigns, and successors in interest, Subrecipient undertakes and agrees to defend, indemnify, and hold harmless the City and any of its directors, officers, agents, employees, assigns, and successors in interest from and against any and all suits and causes of action, claims, losses, demands and expenses, including, but not limited to, attorney's fees and cost of litigation, damage or liability of any nature whatsoever, for death or injury to any person, including the Subrecipient's employees and agents, or damage or destruction of any property of either party hereto or of third parties, arising in any manner out of, pertaining to, or incident to any alleged acts, errors or omissions of Subrecipient, its officials, officers, employees, or agents in connection with the performance of the Project or this MOU, including without limitation the payment of all consequential damages, expert witness fees and attorneys' fees and other related costs and expenses.

A. Except for the negligence or willful misconduct of Subrecipient and any of its directors, officers, agents, employees, assigns, and successors in interest, City undertakes and agrees to defend, indemnify, and hold harmless Subrecipient and any of its directors, officers, agents, employees, assigns, and successors in interest from and against all suits and causes of action, claims, losses, demands and expenses, including, but not limited to, attorney's fees and cost of litigation, damage or liability of any nature whatsoever, for death or injury to any person, including the Subrecipient's employees and agents, or damage or destruction of any property of either party hereto or of third parties, arising rising in any manner out of, pertaining to, or incident to any alleged acts, errors or omissions of City, its officials, officers, employees, or agents in connection with the performance of the Project or this MOU, including without limitation the payment of all consequential damages.

15. Insurance
Subrecipient shall, at its own expense, procure and maintain policies of insurance of the types and amounts identified under paragraphs (a) through (g) of this Section 11, below, for the duration of the MOU. The policies shall state they afford primary coverage.

A. Minimum Scope of Insurance — Coverage shall be at least as broad as:

Insurance Services Office Commercial General Liability coverage (Occurrence form CO0001), or its equivalent.

2. Insurance Services Office form number CA0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto) or its equivalent.

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Professional Liability (Errors and Omissions) insurance.

B. Minimum Limits of Insurance — Subrecipient shall maintain limits no less than:

Exhibit 2 f211

General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Including contractual liability insuring owned, non -owned, hired and all vehicles by Subrecipient with a combined single limit of not less than $1,000,000 applicable to bodily injury, or death, and loss of or damage to property in any one occurrence.

3. Workers' Compensation Liability: Including Occupational Diseases in accordance with California Law and Employers' Liability Insurance with a limit of not less than $1,000,000 each accident.

4. Professional Liability Insurance: With limits of not less than $1,000,000 per occurrence. In addition, it shall be required that the professional liability insurance policy remain in effect for six (6) months after the Completion Date of this Agreement.

C. Other Insurance Provisions —The general liability and automobile liability policies procured by Subrecipient are to contain, or be endorsed to contain, the following provisions:

1. City, its elected and appointed officials, officers, employees, agents and volunteers are to be covered as additional insureds of Subrecipient, with respect to liability arising out of the activities performed by Subrecipient.

2. For any claims related to this Project, Subrecipient's insurance coverage shall be primary insurance as it relates to City, its elected and appointed officials, officers, employees, agents and volunteers. Any insurance or self-insurance maintained by City shall be excess of Subrecipient's insurance.

3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to City its elected and appointed officials, officers, employees, agents and volunteers.

D. Acceptability of Insurers — Insurance is to be placed with California admitted insurers with a current A.M. Best's rating of no less than A and be admitted, unless otherwise approved by Subrecipient and City.

E. Verification of Coverage — Subrecipient shall furnish City with original endorsements and certificates of insurance evidencing coverage required by this clause. All documents are to be signed by a person authorized by that insurer to bind coverage on its behalf. All documents are to be received and approved by City before work commences. Upon request of City at any time, Subrecipient shall provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

Exhibit 2 f212

16. Severability
If any provision of this MOU is held to be illegal, invalid, or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable, and the legality, validity, and enforceability of the remaining provisions shall not be affected thereby.

17. Survival
The following sections survive expiration or termination of this MOU:

Section 7 (Records Retention)
Section 14 (Indemnity)
Section 10 (Disputes)

18. Jurisdiction and Venue
This MOU shall be deemed an agreement under the laws of the State of California and for all purposes shall be interpreted in accordance with such laws. Both Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California and that the venue of any action brought thereunder shall be Los Angeles County, California.

19. Waiver
No delay or failure by either Party to exercise or enforce at any time any right or provision of this Agreement shall be considered a waiver thereof of such Party's right thereafter to exercise or enforce each and every right and provision of this Agreement.

A Waiver to be valid shall be in writing but need not be supported by consideration.

No single waiver shall constitute a continuing or subsequent waiver.

20. Standard of Care
The Parties shall perform the work required for the production of the Project under this MOU in accordance with generally accepted industry standards, practices, and principles applicable to such work.

21. Force Majeure
Neither Recipient nor City shall be liable or deemed to be in default for any delay or failure in performance under this MOU or interruption of services resulting, directly or indirectly, from acts of God, civil or military authority, acts of public enemy, war, strikes, labor disputes, or any other similar cause beyond the reasonable control of Recipient and City.

22. Execution of MOU or Amendment
This MOU, or any amendment related thereto (Amendment), may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which Exhibit 2 T213

shall constitute one and the same agreement. The signature page of this MOU or any Amendment may be executed by way of a manual or authorized signature. Delivery of an executed counterpart of a signature page to this Agreement or an Amendment by electronic transmission scanned pages shall be deemed effective as a delivery of a manually executed counterpart to this Agreement or any Amendment.

23. Entire MOU
This MOU represents and contains the entire agreement of the Parties with respect to the matters set forth herein. This MOU supersedes any and all prior negotiations, discussions and, if any, previous agreements between the Parties. (SIGNATURES ON NEXT PAGE)
Exhibit 2 f214

IN WITNESS WHEREOF, the Parties have caused this MOU to be executed by their duly authorized representatives as of the dates indicated below:

LOS ANGELES REGIONAL FOOD BANK
By:

Michael Flood, President/CEO Date

CITY OF BELL GARDENS
By:

Michael B. O'Kelly Date
City Manager
APPROVED AS TO FORM:

By:

Stephanie Vasquez Date
City Attorney
Exhibit 2 'P215

Exhibit A- Scope of Work

1. Provide food for 500 families once per month.

2. Provide healthy food options; shelf stable groceries, frozen meats/poultry, produce and dairy items based on available inventory.

3. Send only food in ready -to -distribute bags/boxes for a drive -through style distribution.

4. Deliver food on distribution days based on mutually agreed upon date and time frame.

Exhibit 2 .1216

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 19.

TO:

FROM:

BY:

SUBJECT:

DATE:

Honorable Mayor and City Council Members
Michael O'Kelly, City Manager
Daisy Gomez, City Clerk

LOCAL COMMISSIONS APPOINTMENT LIST
July 22, 2024
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.

BACKGROUND/DISCUSSION:

The Local Appointments List includes all Bell Gardens Commissions and Commissioners. The City Council adopted Ordinance No. 825 on July 13, 2009 establishing minimum requirements for service on commissions. All Commissioners must reside within the City of Bell Gardens and may only serve on one Commission at a time. Once appointed, each Commissioner must adhere to the requirements of the City's Conflict of Interest Code and state - mandated AB 1234 ethics training and AB 1661 harassment training.

Ordinance No. 825 allows each Council Member to remove or appoint one candidate per Commission, subject to the approval of the Council majority. Appointed Commission Members serve terms that coincide with the term of the Council Member who made the appointment.

CONCLUSION:

After an appointment is made, Commission members will receive their Oath of Office before beginning service with their respective Commission at the next regularly scheduled Commission meeting. The City Clerk's Office will arrange for the proper filing of Conflict of Interest Code forms and schedule trainings for AB 1234 and AB 1661.

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

Exhibit 1 - Notice of Vacancies
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 1217

CITY OF BELL GARDENS

NOTICE OF COMMISSION VACANCIES

AND ACTIVE COMMISSIONERS
The City Council is seeking applications for the following vacancies:

NAME
Miguel Flores
Chavez
3/22/2021
Victoria Mirembe

APPOINTED BY
Gomez

VACANCY
POSTED

APPOINTMENT
DATE
11/13/2023
Jeanette Beltran
Pulido
12/11/2023
Ernesto Ramirez
Barcena
04/08/2024
Miguel De La Rosa
Gustavo Mendez
Chavez
Gomez
1/11/2021
8/28/2023
Andrew Leon
Pulido
11/13/2023
9/11/2023
Oscar Boado
Sanchez
Isabel Duron
Barcena
1/9/2023
Erika Cabrera
Chavez
3/11/2024
Katelynn Cabrera
Cindy Alvarado
Gomez
Pulido
10/23/2023
2/27/2023
Ana Maria Sanchez Flores
Barcena
1/9/2023
Stephanie Perez
Sanchez
1/23/2023
David Heredia
Barcena
1/9/2023
Carlos Jose Barrera
Chavez
1/11/2021
Raul Velasco
Gomez
10/9/2023
Jayson Gavilanes
Hugo Alvarado
Pulido
Sanchez
1/11/2021
1/9/2023
Applicants must be residents of the City. No person previously convicted of a felony in this state or elsewhere shall be permitted to serve on any City Commission. Before assuming the duties of a commissioner, each person appointed shall take and file with the City Clerk the same constitutional oath of office required of members of the city council. Any member of a commission shall be deemed to have resigned from the commission, and his or her office as a member of the commission shall automatically vacated, in the event, the member ceases to be a resident of the City or is convicted of a felony. (Bell Gardens Municipal Code Sections 2.68.030, 2.28.030, 2.22.030, 2.35.030) Applications may be obtained from the City Clerk's Office: 7100 Garfield Ave, Bell Gardens, CA 90201. Applications will be accepted in the City Clerk's Office on a continuous basis until an appointment is made. Please call the City Clerk's Office at (562) 806-7705 or email [email protected] for more information.

Daisy Gomez, City Clerk
SOPki. 7/15/2024
1218

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 20.

TO:

FROM:

BY:

Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Gustavo J. Romo
Deputy City Manager/Community Development Director
SUBJECT: URGENCY ORDINANCE NO. U-947 OF THE CITY OF BELL GARDENS UNDER GOVERNMENT CODE SECTION 36937, ESTABLISHING UNCODIFIED REGULATIONS

RELATED TO DEMOLITION, ALTERATION, AND RELOCATION OF HISTORICAL

RESOURCES
DATE: July 22, 2024
RECOMMENDATION:

It is staff's recommendation that the City Council:

1. Find the proposed urgency ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Title 14, Section 15061(b)(3);

2. Adopt Urgency Ordinance No. U-947, establishing uncodified regulations related to demolition, alteration, and relocation of historical resources.

BACKGROUND/DISCUSSION:

Under State law, "historical resource" means any object, building, structure, site, area, or place, which is historically or archaeologically significant, or is significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California.

Currently, the City has no procedures to delay or prevent the demolition or alteration of potential historical resources.

This Ordinance creates interim regulations that will expire after two years, unless extended by the City Council.

These regulations apply to 50 -year -old buildings and older when an applicant seeks a building or demolition permit.

This Urgency Ordinance is not a moratorium. The City will continue to accept and process building and demolition permit applications. What the ordinance does is to delay issuance of permits for 50 -plus year -old buildings to allow Staff to review and assess their potential as historical resources. If the building appears worthy of protection, it allows further time and public notice in case members of the public wish to file an application with the State to designate it as a landmark.

More generally, the Ordinance directs Staff to study and analyze issues related to historical resources in the City, including conducting a historic resources survey to identify and evaluate properties that have potential for landmark designation, and to consider the value of the City adopting a full-blown Historic Preservation Ordinance.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council determine the proposed ordinance exempt from CEQA because it can be seen with certainty there is no possibility that this Urgency Ordinance may have a significant effect on the environment because it delays rather than permits construction activity. 1219

CONCLUSION:

Urgency Ordinance No. U-947 would establish a balance between development and preservation, helping the community and future generations appreciate the unique historical and cultural aspects in Bell Gardens. The ordinance would become effective upon date of adoption and apply to all prior demolition permits in process.

Staff recommends adoption of the urgency ordinance to establish regulations related to demolition, alteration, and relocation of buildings more than 50 years old by requiring assessment and noticing to help preserve the cultural heritage of the City.

FISCAL IMPACT:

The fiscal impacts of establishing regulations for assessment and noticing requirements prior to demolition of potentially historic and culturally significant structures are multifaceted. While there are direct costs associated with regulatory development, compliance, and incentives, there are also potential benefits in terms of property values, tourism, community revitalization, and long-term sustainability.

Costs associated with developing, the administration, implementation, and enforcement of regulations would be initially a part of the annual budget since staff time would be required to draft, complete, and have considered regulations for historic structures. Administering costs include permitting and review which would be borne by the developer to whom a permit would be issued. Alternatively, the constraints of historic structure preservation could limit potential development of certain sites. Grants, tax incentives, and social heritage tourism, along with cultural and educational value, could offset the costs of maintenance and/or restoration of a historic structure.

ATTACHMENTS:

Exhibit 1 - Urgency Ordinance No. U-947
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 1220

URGENCY ORDINANCE NO. U-947

AN URGENCY ORDINANCE OF THE CITY OF BELL

GARDENS, CALIFORNIA, UNDER GOVERNMENT CODE
SECTION 36937, ESTABLISHING UNCODIFIED

REGULATIONS RELATED TO DEMOLITION, ALTERATION,

AND RELOCATION OF HISTORICAL RESOURCES
WHEREAS, under Article XI, Section 7 of the California Constitution, the Bell Gardens City Council has authority to enact and enforce ordinances and regulations for public health, safety, and welfare; and
WHEREAS, Government Code sections 36934 and 33937 authorize the City Council to adopt an urgency ordinance by four -fifths vote for the immediate preservation of the public peace, health, or safety; and
WHEREAS, the California Register of Historical Resources includes buildings, sites, and structures significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California. The Municipal Code currently has no procedure to delay or prevent the demolition or alteration of potential historical resources; and
WHEREAS, the City seeks to identify local historical resources that reflect special aspects of the City's architectural, artistic, cultural, and social heritage, and to find a balance between the rights of property owners and the desire to preserve such historical resources; and
WHEREAS, the City desires to begin the process of studying these issues and considering various regulatory approaches and, while this takes place, to adopt immediate measures that acknowledge potential historical resources in the City's planning and building permit reviews for an initial period of two years; and WHEREAS, the City Council finds that this matter is of City-wide importance, and adopting this Urgency Ordinance is a reasonable and necessary measure for the immediate preservation of the public peace, health, and safety.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The above recitals are true and correct and incorporated herein by reference.

Exhibit 1 1221

Ordinance No. U-947
SECTION 2. Urgency Findings. Pursuant to Government Code section 36937, the City Council hereby finds and declares that:

A. For the reasons set forth in the above recitals, there is a need to adopt this Urgency Ordinance establishing immediate measures that allow the City's planning and building permit reviews to acknowledge potential historical resources. The Municipal Code currently has no procedure to delay or prevent the demolition or alteration of potential historical resources.

B. City staff requires time to study issues surrounding regulation of potential historical resources in compliance with state and federal law, time to conduct a historic resources survey, and time to consider and propose various regulatory approaches for the preservation of the public peace, health and safety.

SECTION 3. Regulations Related to Demolition, Alteration, or Relocation of Historical Resources.

A. Purpose. The purpose of this section is to give public notice and opportunity for review prior to any demolition, alteration, or relocation that may affect a potential historical resource. "Historical resource" is as defined in California Public Resources Code Section 5020.1.

B. Applicability. This section applies to all applications for building permits filed with the city, prior to issuance of the permit, that involve or affect any potential historical resource or any building that was constructed or in place 50 years before the date that is 60 days after the date of the application. No such building permit shall be issued without compliance with this section.

C. Standards. The determinations made under this section shall be based on the following laws, without limitation: Section 106 of the National Historic Preservation Act (16 U.S.C. 470 et seq.); the U.S. Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings (36 C.F.R. Parts 67-68); California Public Resources Code Section 5024.1; the State Historical Building Code (Health & Safety Code § 18950 et seq.); the California Register of Historical Resources (Cal. Code Regs. Tit. 14, § 4850 et seq.); and the California Environmental Quality Act (CEQA), all as may be amended.

D. Preliminary Determination of Potential Historical Significance. Within 45 days after receipt of a complete application for a building permit, the building official, in consultation with the director of community development, shall make one of the following preliminary determinations.
2 of 5
Exhibit 1 1222

Ordinance No. U-947

1. The application does not involve or affect a potential historical resource. Based on this determination, the building permit may be issued on the 16th day following the date of the letter of determination, provided that no appeal of the determination has been filed.

2. The application involves or affects a potential historical resource.

Based on this determination, the applicant shall submit, at its sole expense, a historical resource evaluation report prepared by a qualified professional in accordance with state and federal guidelines.

E. Potential Historical Significance. Upon receipt of the historical resource evaluation report described in the preceding paragraph, the building official shall give public notice of the pending building permit application and shall delay issuance of the permit for 90 days. If during the 90 -day period a nomination is filed for listing in the National Register of Historic Places or the California Register of Historical Resources, then the permit issuance shall be delayed pending a decision on the nomination. If such nomination is approved, the city may further delay permit issuance for up to 180 days to explore and develop alternatives and measures to mitigate the impact of the permit.

F. The applicant may agree to extend any period set forth in this section.

G. Appeal. Any decision made pursuant to this section may be appealed in accordance with section 9.60.010 of the Bell Gardens Municipal Code.

H. Fees. The City Council may adopt fees related to this section by resolution.

I. Any provision of the Bell Gardens Municipal Code inconsistent with the provisions of this Ordinance, to the extent of such inconsistency and no further, is hereby modified to the extent necessary to effectuate the provisions of this Ordinance.

J. Sunset Clause. This Ordinance shall expire two years after its effective date unless extended by action of the city council. The two-year duration is intended to allow the city to study issues related to local historical resources.

SECTION 4. Study. Staff are directed to study and analyze issues related to historical resources within the City, including, but not limited to, state and federal law concerning implementing regulations, a historic resources survey to identify and evaluate properties that have potential for state and national landmark designation, and the potential impact of new regulations on public peace, health and safety of the community.

SECTION 5. CEQA. The City Council finds that adoption of this Urgency Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15378, as the code amendments provide for a regulatory permitting and related administrative procedures that will not result in direct or indirect 3 of 5
Exhibit 1 1223

Ordinance No. U-947
physical changes in the environment. Additionally, under Section 15060(c)(3) ("general rule exclusion"), it can be seen with certainty there is no possibility that this Urgency Ordinance may have a significant effect on the environment because it delays rather than permits activity,
SECTION 6. Severability. If any portion of this Urgency Ordinance is ruled invalid or unconstitutional by a court of ay competent jurisdiction, such ruling shall not affect the validity of the remaining portions of this Urgency Ordinance. It is the intent of the City Council that it would have adopted those remaining portions even without the invalidated portions.

SECTION 7. Effective Date. This Urgency Ordinance shall become effective immediately upon its adoption by a four -fifths vote of the City Council pursuant to Government Code section 36937.

PASSED, APPROVED and ADOPTED this 22nd day of July 2024.

THE CITY OF BELL GARDENS
Gabriela Gomez, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez
City Attorney
4 of 5
Daisy Gomez
City Clerk
Exhibit 1 1224

Ordinance No. U-947
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
5 of 5
Exhibit 1 1225

Proposal: Cannabis Retail Use and Tenant
Improvement Development Agreement (DA)
Applicant: STIIIZY Bell Gardens, LLC
Location: 5726 Gage Avenue (Subject Site)
City Council I July 22, 2024

RECOMMENDATION
• Waive full reading and introduce Ordinance
No. 945, by title only, and
• Conduct first reading of Ordinance No. 945
authorizing the City to enter into, and
execute, a DA for a cannabis retail use in
exchange for public benefits.

Waive Full Reading
and conduct public
hearing.

Introduce Ordinance
No. 945.

BACKGROUND AND SITE CONDITIONS
June 10, 2024, PC
approved the CUP (3-1-1
vote).
5,824 SF Tenant
Improvement
x PC recommended DA
approval.

SITE DESCRIPTION
APN: 6330-015-024
Zone: Mixed Use
Commercial/Residential (M -U)
General Plan: Mixed Use
(Commercial/Residential)
(MU)
Subject Site: 11,200 square
feet
Surrounding Land Uses:

North
MU - Residential
East
MU - Restaurant
West
MU - Restaurant &
Residential
South
MU - Residential
Subject Site

PROPOSED SITE PLAN
AVE
(F) lD' WIDE At.. I FY
Parking
Retail
Tenant improvements to an
existing 5,824 SF commercial
building;
Proposed 9 automobile
parking spaces & 16 bicycle
parking spaces (substitution
for four (4) automobile
parking spaces);
One-way access to Subject
Site from Gage Avenue and
one-way exit from Subject Site
to public alley.

SITE PLAN

ELEVATION RENDERING
City Council I July 22, 2024

PROPOSED FLOOR PLAN
❑ Retail Area

GROUND FLOOR PLAN

SECOND FLOOR PLAN
Staff and Storage Limited Access

OPERATING STANDARDS AND

CONDITIONS OF APPROVAL
• Maintenance of
the Subject Site
in a neat and
orderly manner.
• Debris and
graffiti to be
removed in a
timely manner.
• Prohibit on -site
consumption of
cannabis and
cannabis
products.
• At least two (2)
security guards
during operating
hours.
• Employees at
least 21 years
old.
• Patrons at least
21 years old, or
18 years with
medical
recommendation.
• Restricted to
10:00AM to
10:00PM with
the last delivery
to be placed by
9:00PM.

City Council I July 22, 2024

PROPOSED DEVELOPMENT AGREEMENT
As originally presented by
staff, and recommended by
Planning Commission, for
vested rights in exchange
for community benefits.

The proposed development
agreement would be for an
initial five (5) -year term,
subject to an option to
extend for an additional five
(5) years for a total 10 -year
term.

The Applicant would provide
an annual $100,000
community benefit renewed
on an annual basis, every
January.

The Applicant would also be
required to pay a Quarterly
Community Benefit equal
seven percent (7%) of gross
receipts.

PROPOSED DEVELOPMENT AGREEMENT
80 percent (80%) of all
community benefits would be
dedicated toward the City's
youth and educational
programming and for the
City's housing programs.

Benefits to be utilized for:

Youth programming, after -
school programs, sports
programming, personal
enrichment classes or capital
improvements on City -owned
properties; and
Housing programming and long-range planning, including but not limited to affordable housing, rent stabilization and tenant protection efforts and other planning efforts.

Q
Z
Q

ANALYSIS
City Council I July 22, 2024

RECOMMENDATION
• Waive full reading and introduce Ordinance
No. 945, by title only, and
• Conduct first reading of Ordinance No. 945
authorizing the City to enter into, and
execute, a DA for a cannabis retail use in
exchange for public benefits.

Waive Full Reading
and conduct public
hearing.

Introduce Ordinance
No. 945.

STIIIZY BELL GARDENS
5726 E GAGE AVENUE, BELL GARDENS, CA 9O2O1

CANNABIS STOREFRONT RETAIL

$740M No.1
2023 Revenue

CANNABIS TAXPAYER
& EMPLOYER IN CA
$850M 56

CANNBIS
2024 Projectedj Revenue OPERATIONS

OPERATIONS
37 Total Number
of Retail Stores
6 Operational Stores
in Los Angeles County
ZERO

COMPLIANCE

INFRACTIONS

VETERAN
OWNED
LEGEND: CULTIVATION 0 MANUFACTURING fira DISTRIBUTION RETAIL O RETAIL IN DEVELOPMENT y) OPEN e IN DEVELOPMENT Q INDOOR GROW Q OUTDOOR GROW • GREENHOUSE

CULTIVATION
• Greenfield
• Lompoc (3)
e Los Angeles (2)
V Los Angeles Indoor Form(3)
Q Oakland

MANUFACTURING
-4 Greenfield
+) LOmpOC
+) los Angeles
d Concord
Al testa
Concord
Costa Mesa
Cudahy
Encinitas
Hawthorne
e Benicia
») Lompoc
d Los Angeles
© National City
Oakland
Indio
Fairfield
Fresno
Lynnwood
Lompoc
Los Angeles (5 - all S/E")
°"S/E refers to Social Equity applications
Alameda
Barstow
Benicia
Corona
Costa Mesa
Davis
El Centro
El Cernto
Fresno
Jurupn Valley
Los Angeles (5)
Manna
Modesto
Moreno Valley
Oakland
Oxnard
Pacheco
Palm Desert
Madera
National Crty
Riverside (2)
San Francisco CS/E)
Tracy
Ventura
Pomona
San Bernardino (2)
San Francisco
Santa Rosa
Suisun City
Vista
Wildomar

STIIIZY PROPERTIES
STflhLY 2

James Kim
CEO/Founder STIIIZY
James is the creator of STIIIZY, one of the most popular and fastest growing brands in cannabis today. James
is a known innovator in the space, credited with
advancements in electronic cannabis oil delivery
systems that has put the award winning STIIIZY brand
ahead of its competitors, James is an Army veteran and
served a 13 -month combat tour in Iraq.

Tak Sato
President, STIIIZY
Tak has extensive experience in acquisitions and
licensing in the cannabis industry. Tak is also an
expert in cannabis compliance and has advised
numerous municipalities in creating safe and
transparent cannabis regulations. Tak holds a J.D.
from Columbia University and a B,A from University
of California, Berkeley,

OWNERSHIP
TIIILY

New Jobs Created by
STIIIZY Bell Gardens
Subsidized Medical/
Dental Insurance
Identify as a person of color
Living Minimum Wage
For Retail Employee
PTO to Volunteer
Employer Funded
Managers Salary
Identify as Female

EMPLOYEE BENEFITS
TIIILY 4

• Conditional Use Permit and
Development Agreement
• Planning Commission
Approval on June 19th, 2024
• Mixed Use Zoning
• 4,615 sf Existing Standalone
Building
• Dedicated Parking
• Commercial Corridor

PROJECT SUMMARY
TIIILY

• Restricted Access for
Management/
Employees/Customers

OPERATIONAL FLOW

CUSTOMER ACCESS

EMPLOYEE ACCESS

LIMITED ACCESS
-•�♦► CUSTOMER IN -FLOW
UM* ,1440 NNW

CUSTOMER OUT -FLOW

DISTRIBUTION IN -FLOW

RETAIL SALES

POS STATION
9400,111 .111,11) 404.
01,4,4

QUALITY BUIL©OUTS

co
• 24/7 Security
R obust Sec
Pr ocedures
• CCTV Monit oring

• STIIIZY's Youth Prevention Program was
developed in accordance with the Stanford
Medicine Cannabis Awareness and Prevention
Toolkit
• The program has been facilitated at the Girls'
Empowerment Retreat organized by the
Riverside County Sherriff's Association and the
Boys and Girls Club in 2023
• In 2024, STIIIZY partnered with Healing Urban
Barrios to roll out the curriculum at the YMCA
HEAL fl
• r^Vnnebinoid hyperam®vie eyndr©mn
• MGarfiuenA-inducsd psychosis
Reasons People Use Cannabis
Healthy Dopamine
Releases
i(„ing
Listening to music
Meditating
enough sleep
Getting enough sunlight
TIIIL'( 9

• Open House held
on May 16, 2024
• Mailed Bilingual
Invitations to
Neighboring
Residents and
Businesses
• Received over 50
Letters of Support
• Neighborhood
Clean -Up held on
June 17th, 2024

COMMUNITY ENGAGE
S'iWZY' Ir+c
20W South .Aianr+da Susan
Lot AnSrtr;s, CA '00SY
Re_ Open HOUNC Incitation
kt6>, arc NM: da Frank as eln
krafttattsibility far the: earntaahit.
with thuty°-ttrasr (34'3 ranges OM
Lo Anyr&rs at 728 E:. Commit'
Y'aza wining to y'aat natty Secant
Aver.„ ikC Oardants„ CA V0201..
wcnt nut of business asar9srr this
Asa good ncighbot, awed tike t
what's to Gaut and answrr ary.
thr property on Thstrtda(,
SYr° look forvward to rivaling ays
81111/A
2003 Swanh Alarnrda Streit
1106, sxsa notn°arn CS Frank San ela s w a;ay c! ditectcu dr ca9rn er n ca ntuaaica is y rag a a=xwaiailidad tax aal crS'ISSraattva de 6 rraapresa dt canabis, STrilAY 1Tlii%�' is wtta tnapresa dr canahia itargrada lerthalmente con Rai y cc ata'aa (34p arradas gar +avian rrr el rtieadu de California. Nomits rrlaacar, itan y rezt xgaafl exta ctx rl sesxtru do IAA Angeles tin 721 h. (6r9AmCTria1 wt,. 1 ,ilnl„clts, CA V0012, los Lea sisc aho hos' pauyrar attest* emparigi hone planes die Asia sang trctnda dr 6.4146S CA 5226 C iiapt Awe, Roll O udot& CA 002204 has whicarifin antrinornrcm9r optirithaa roam 11 l..atspc 1ntirtatiwr»ano Martrct, coal canto a principast dr oar at1o.

Como
a rn w errrr r ns gu«tar a insnr .ta.
gar rata par Gnat t' zralx star ual lodes prr6t
aria 043166 wit puxacax 4111.05.6 art la prorocato
a trrsrr pc* trw tan
6 de awa}ry der 4:
$TIIILY �°

COMMUNITY ENGAGEMENT

Thank you!
STI
WWW.STISZY.00M
I.ZY
O1)
@SMUT

co
o
v)
ct
E
C

REC OMMEN
• Find the Negative Declaration
(ND) was prepared in
accordance with the California
Environmental Quality Act
(CEQA) (Pub. Res. Code § 21000
et seq.) and there is not
substantial evidence that the
project would have a significant
effect on the environment
• Adopt the attached resolution to
approve the general plan
amendment adding a new
Environmental Justice (EJ)
Element to the Bell Gardens
General Plan

1. CEQA

2. Adopt General
Plan Amendment to
add H;J File ment
City Council
July 22, 2024

PRESENTATION OVERVIEW
Ba c kgro u n d
What is the Fnvironmental Justice ("FJ")
N;lement
N;J Klement Requirements
Goals and Policies
Fnvironm ental Review
Recommendation
Introduction Background
Goals and
Policies
Implementation Recommendation
City Council I July 22, 2024

BACKGROUND
1111
2016 California State Legislature
passed into law Senate Bill (SB) 1000, to
address health effects in low-income
communities and communities ofcolor
("disadvantaged communities");
August 1, 2022, staffreleased a Request
for Proposals for an EJElement; and
June 8, 2020, the City was awarded
$150,000 to be used forproject to
address accessibility, sustainability and
resiliency;
November 14, 2022, the City Council
adopted a resolution approving a
professional services agreement with
Impact Sciences, Inc.

WHAT IS P URP OS _ : or THF FJ FT FMEN T
City Council I July 22, 2024

EJ ELEMENT REQ UIREMEN
TS
ID _ FNTWY
:• Disadvantaged
Communities
Objectives and Policies
LEMENT
Goals

EJ ELEMENT REQ UIREMEN
Objectives
and
Policies

TS CONT'D
Reduce exposure to pollution including improving air.

Promote public facilities.

Promote food access.

Promote safe and sanitary homes.

Promote physical activity.

Reduce any unique or compounded health risks.

Promote civic engagement.

Prioritize improvements and programs.

City Council I July 22, 2024

EJ ELEMENT

PROPOSKD GRN

REQUIREMENTS C ONTD

FRAL PLAN AMENDMENT
• Introduction.
• Background.
• H;xisting General Plan Goals and Policies.
• Goals and Policies.
• Implementation.
• Dist ofPreparers.

City Council I July 22, 2024

PROPOSED GOALS AND POUCIES
Goal 2: Improve citywide
health by focusing on
prevention and intervention
Goal 1: Minimize the
community's exposure
and impacts from
environmental
pollution
Goal 3: Ensure that the existing
and future housing stock
includes accessible, well -
maintained, and affordable
housing
Goal4: Expand and
provide new public
services to
accommodate persons
of all ages and
socioeconomic levels
Goal 5: Enhance
public outreach and
increase opportunities
for civic engagement

PROPOSED GOALS AND POUCIES
IMP LEMEN TA11ON
• Community Outreach
• Land Use
• Environmental Monitoring
• Affordable Housing
• Health Improvement
• Timeline
• Budget
• Responsible Department

PRESENTATION RECAP
Ba c kgro u n d
What is the Fnvironmental Justice ("FJ")
N;lement
N;J Klement Requirements
Goals and Policies
Fn vino n m e n t a l Re vie w
Next Steps
Recommendation
Introduction Background Goals and Implementation Next Steps Policies

REC OMMEN
• Find the Negative Declaration
(ND) was prepared in
accordance with the California
Environmental Quality Act
(CEQA) (Pub. Res. Code § 21000
et seq.) and there is not
substantial evidence that the
project would have a significant
effect on the environment
• Adopt the attached resolution to
approve the general plan
amendment adding a new
Environmental Justice (EJ)
Element to the Bell Gardens
General Plan

1. CEQA

2. Adopt General
Plan Amendment to
add H;J File ment
City Council
July 22, 2024

J uly 22, 2024
0 C
O
0 RECOMMENDATION
• Categorical exemption.
• Conduct a public hearing
to consider regulating
vehicle parking and
storage for automobile
repair uses, and
• Waive full reading and
introduce Ordinance No.
943, by title only.

Find Ordinance No. 943
exempt from the
requirements of CEQA
pursuant to CEQA
Guidelines Section
15061(b)(3).
. Conduct a public hearing.

Waive full reading and
introduce Ordinance No.
943, by title only, amending
Title 9 to regulate off-street
vehicle parking and storage
for automobile repair uses.

City Council I July 22, 2024

BACKGROUND
Dense neighborhoods,
collection and storage
of multiple personal
vehicles, under-
/unutilized or
converted parking
garages cause limited
on -street parking
availability.

Proximity to
automobile repair
facilities exacerbates
an already difficult
situation.

On February 21,
2024, the Planning
Commission provided
direction to staff on
the preparation of an
ordinance.

City Council I July 22, 2024

BACKGROUND
Bell Gardens
Downey
Southgate
Bell
- Residential Permitted Parking Districts (Petitions Required), - Private Driveway Parking (Permit)
- Parking Time Limits in Designated Areas
- Residential Permitted Parking Districts (Petitions Required), - Parking Time Limits in Designated Areas
- Residential Permitted Parking Districts (Petitions Required), - Parking Time Limits in Designated Areas
- Parking Time Limits in Designated Areas
- 10.28.060 -Use of streets for storage of vehicles prohibited. No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley, where all-night parking is not prohibited, for more than a consecutive period of 72 hours.

Cudahy - Overnight Parking Permits Requirement (12:OOam-6:OOam) Pico Rivera - Parking Time Limits in Designated Areas
City Counci I July 22, 2024

PROPOSED AMENDMENTS
• "Queue" or "Queuing"
• "Lien"
• Ordinance No. 943 outlines regulations for
automobile repair uses, emphasizing two key
aspects.
• Business expansion within the boundaries of
private property in ways compatible to the fabric
of the existing neighborhood, and
• Administration, enforcement, and implementation
to accommodate shared parking.

City Council I July 22, 2024

GENERAL PLAN CONSISTENCY
Ordinance No. 943 would be consistent with Bell Gardens General Plan Circulation Element:

Policy M 5.1- that acknowledges the importance of balanced supply of parking and establishing a balanced supply that meets the needs of drivers, but does not do so in excess, to reduce vehicle trips and encourage active transportation.

GENERAL PLAN CONSISTENCY
Ordinance No. 943 would be consistent with Bell Gardens General Plan Land Use Element:

Policy 3 to enhance the appearance, potential economic
vitality, and area revitalization.

Policy 4 to maintain and rehabilitate existing industrial uses and private investment.

Policy 5 to stimulate local employment, property values, community stability, and the economic vitality of existing local businesses.

RECOMMENDATION
• Categorical exemption.
• Conduct a public hearing
to consider regulating
vehicle parking and
storage for automobile
repair uses, and
• Waive full reading and
introduce Ordinance No.
943, by title only.

Find Ordinance No. 943
exempt from the
requirements of CEQA
pursuant to CEQA
Guidelines Section
15061(b)(3).
. Conduct a public hearing.

Waive full reading and
introduce Ordinance No.
943, by title only, amending
Title 9 to regulate off-street
vehicle parking and storage
for automobile repair uses.

City Council I July 22, 2024

Discussion
d -
N
0 N
N
N
>,
IMIIMMIII MMIf
W.

C
0 0
>,
U

RECOMMENDATION
• Consider alteration and
demolition
implications.
• Pass urgency
ordinance with four -
fifths vote to establish
regulations related to
historical resources.

1. Discuss, determine
CEQA, and consider.

2. Adopt urgency
ordinance.

City Council I July 22, 2024

BACKGROUND

THE NATIONAL HISTORIC

PRESERVATION ACT OF
1966 AND THE NATIONAL

REGISTER OF HISTORIC
PLACES.

THE CALIFORNIA

REGISTER OF HISTORICAL

RESOURCES AND THE
1976 MILLS ACT.

CITY 2007 OVERLAY

ORDINANCE AND
PROPOSED PROVISIONS.

City Council I July 22, 2024

0 DISCUSSION AND ANALYSIS
By assessing buildings greater than 50 years old:
preservation of the city's historical and cultural heritage, fostering community engagement, and promoting sustainable urban
development
social heritage
architectural and cultural legacy
City Council I July 22, 2024.

$URFtOUNDING CIIIES
None Found
Resource is identified with persons or events of
significant local, state, or national history; or
resource has characteristics of a style, type,
method of construction or is an example of
indigenous materials or craftsmanship; or
represents a notable aesthetic work of a builder,
architect, or designer.
"It possesses a significant character, ... heritage
or cultural characteristics of the city... or it is the site of an historic event with a significant place in
history; or ...historical heritage of the community;
or ... a distinctive architectural style; or it ...or
engineering specimen; or ...has significantly
influenced the development of the city or ...a
significant innovation; or ...related to a distinctive
area ..."

ANALYSIS
Environmental Review:

Pursuant to the California Environmental Quality Act
(CEQA), Guidelines Section No. 15060(c)(3) resource
evaluation activities which do not result in a serious or major disturbance to an environmental resource.

Fiscal Impact:

Direct costs associated with regulatory development,
compliance, and incentives; there are also potential
benefits in terms of property values, tourism, education, and commerce.

City Council I July 22, 2024.

RECOMMENDATION
• Consider alteration and
demolition
implications.
• Pass urgency
ordinance with four -
fifths vote to establish
regulations related to
historical resources.

1. Discuss, determine
CEQA, and consider.

2. Adopt urgency
ordinance.

City Council I July 22, 2024