Agenda packet — Bell Gardens City Council, October 13, 2025 (part 2 of 5)

36. The applicant shall obtain all permits from the City prior to the construction of all new fences and gates. The height of the all new fences shall be measured from the highest finished grade level on either side of the property line.

37. Guest parking spaces shall be striped in accordance to City Standards. The new driveway and guest parking space area shall be constructed of concrete.

Guest parking spaces shall be provided with a concrete wheel stop at the front of the stall.

38. Decorative colored concrete bands shall be placed at different locations along the driveway for accents subject to review and approval by the Community Development Department.

39. All outdoor lighting shall be shielded, directed downward, and have sharp cutoff qualities at property lines, in order to minimize light spillover effects and glare onto neighboring properties. The applicant shall submit copies of manufacturer's brochure to the Community Development Department for review and approval prior to the issuance of building permits by the City.

40. The exterior elevations of the building shall be provided with stucco finish, stone veneer, s -type tile roofs, wrought iron accent, foam moldings and wood shutters. Final selection of color and material to be use on the building shall be subject to review and approval by the Community Development Department.

41. The second floor balconies proposed on Unit No. 2 and 3 shall be restricted to serve as private open space for the residents of these units and shall not be utilized for outdoor storage at any time.

42. Any outside utility equipment such as gas meters, water heater, etc. shall be screened from public view and shall not be visible from the public right-of-way.

If the utility equipment is enclosed, the structure shall be painted to match the exterior color of the new dwelling units on the property.

43. Vents, flashing, pipes and water heater enclosures shall be painted with the same color as the surface to which they are attached to and in accordance with the approved color and material sample board.

44. The doors to be installed on the proposed garages shall be of a "Sectional" type and provided with an automatic door opening mechanism. The design of the doors shall compliment the overall architectural design of the new dwelling units proposed on the subject site.

45. All trash enclosures shall be constructed with a six foot high masonry concrete block wall and shall be provided with a stucco finish to match the building, A six foot high solid metal gate shall be installed and provided with a self -closing and self -latching mechanism. The top of the enclosure structure shall be protected with a solid metal trellis and painted the same Exhibit 6 61

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Resolution #PC 2016-10

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color as the building. The final location and design of the trash enclosure shall be subject to the approval of the Community Development Department.

46. The applicant shall work closely with the United State Postal Office and the Community Development Department in developing the exact location and type of mailboxes to be installed on the property. The location and type of mailboxes shall be subject to the approval of the Community Development Department.

47. All required site improvements indicated on the approved plans and this Resolution shall be completed prior to final inspection by the City.

48. The project site shall be cleared of all debris prior to the issuance of a final building inspection by the City.

49. The applicants shall defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, and employees to attack, set aside, void, or annul, any approval of the City concerning Conditional Use Permit No. 2016- 048 and Variance No. 2016-048.

50. Approval of Tentative Parcel Map No. 74093 shall be subject to the approval of Conditional Use Permit No. 2016-048 and Variance No. 2016-048. The applicant shall satisfy and comply with the conditions of approval for Tentative Parcel Map No. 74093, Conditional Use Permit No. 2016-048 and Variance No. 2016-048 prior to the issuance of a final inspection and issuance of a Certificate of Occupancy by the City.

51. The applicant shall sign, notarize, and return to the Community Development Department an affidavit accepting all Conditions of Approval on Conditional Use Permit No. 2016-048 and Variance No. 2016-048 within fifteen (15) days from the date of approval of the Planning Commission Resolution.

SECTION 4. The Planning Commission hereby repeals and rescinds Planning Commission Resolution #PC 2016-06 and replaces it in its entirety with this Resolution.

SECTION 5. The Commission Secretary shall certify to the passage and adoption of this Resolution and it shall become effective immediately upon its approval.

PASSED, APPROVED AND ADOPTED this 19th day of October, 2016.

Exhibit 6 62

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Resolution #PC 2016-10

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TONY RIVERA, VICE -CHAIRPERSON
ATTEST:

ERIKA GUTIERREZ SECRETARY( -
APPROVED AS TO FORM:

JO* LAM, ASSISTANT CITY'ATTORNEY
N;IPlanninglpc2016110191CUPand Variance No. 2016-10 Reso.doc Exhibit 6 63

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EXHIBIT 8

ELEVATIONS
5822 Gotham Street I APN 6230-010-006
(File No. 2023-017)
65 Exhibit 8

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EXHIBIT 9

VICINITY / RADIUS MAP
5822 Gotham Street I APN 6230-010-006
(File No. 2023-017)

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NOTICE OF PUBLIC HEARING

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BELL GARDENS APPROVING TENTATIVE PARCEL MAP NO. 84125, CONDITIONAL USE PERMIT NO. 2023-017, AND VARIANCE NO. 2023-017 TO AUTHORIZE THE DEVELOPMENT OF A THREE (3) UNIT RESIDENTIAL CONDOMINIUM PROJECT NOTICE IS HEREBY GIVEN, the Planning Commission of the City of Bell Gardens will conduct a public hearing to consider adoption of a resolution approving a tentative parcel map to create one (1) parcel for condominium purposes from an existing lot 11,420 square feet in size, and a variance and conditional use permit to authorize a reduction in required common open space area and the development of a three (3) -unit residential condominium project on the property located at 5822 Gotham Street and within Zone R- 3 (High Density Residential) and within the HDR (High Density Residential) General Plan Land Use Designation.

DATE OF HEARING: Wednesday, October 18, 2023
TIME OF HEARING: 5:15 P.M., or as soon thereafter as possible.

ENVIRONMENTAL DETERMINATIONS: Staff recommends that the proposed tentative parcel map, variance, and conditional use permit be found categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines, Section 15315, Class 15 (Minor Land Divisions), Section 15332, Class 32 (In -Fill Development), and Section 15303(b), Class 3 (New Construction or Conversion of Small Structures).

INVITATION TO BE HEARD/PUBLIC PARTICIPATION: The public hearing will be held before the City of Bell Gardens Planning Commission on Wednesday, October 18, 2023, at 5:15 p.m. The public may attend the meeting in person or may view the meeting online.

The meeting will be recorded and live streamed on the City's website at https:r/wwvw.beiigardensor:erctli-inrant-toiwatch--::itycorr?mi ,sion--meetings. Public comments for the public hearing are limited to three (3) minutes per person. Members of the public can access and participate in the meetings as follows:

IN -PERSON: Members of the public can provide in -person comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting in -person, subject to capacity limits. Public comments for the public hearing are limited to three (3) minutes per speaker. Speakers who wish to address the Planning Commission should do so by submitting a "Public Comment Card" by 5:15 p.m. for all other designated public comment periods as listed.

BY TELEPHONE: Phone Number: (669)900-9128 Webinar ID: 892 6467 1097# Passcode: *2021# To address the Planning Commission press *9 to raise your hand then *6 to unmute yourself when instructed.

Exhibit 10 67

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VIRTUALLY LIVE: Members of the public may participate via Zoom by clicking here https://zoom.us/join and entering the Zoom Meeting ID: 892 5457 1097 Passcode:
2021 Comments may also be made via the Zoom app by using the "Raise Hand" feature when it is your turn to speak the host will unmute you. Comments will not be accepted in the QandA Chat function of the Zoom app.

WRITTEN COMMENTS: Public comments may be emailed to pl4 nnir : ,ligarciens,org or mailed to: Community Development Department, 7100 Garfield Ave., Bell Gardens, CA 90201. To ensure distribution to the members of the Planning Commission prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. Those comments, as well as any comments received after, will be distributed to the members of the Planning Commission and will be part of the official public record of this meeting.

If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability - related modification or accommodation, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the Community Development Department by telephone at 562-806-7722 or via email to planning orc no later than (72) hours before the scheduled meeting.

The Planning Commission staff report will be available in the Community Development Department Office and posted on the City's website at httyp :// wwrbllgand ::ns rh wa nt-tolvfiow-a g nnas 72 -hours prior to the meeting.

For more information, you may contact the Community Development Department during regular business hours 7:30 a.m. to 6:00 p.m., Monday through Thursday at (562) 806- 7722 or via email to 1.slF::siasriElt; aTh.11c.lar`d ens,o.r`A .

BELL GARDENS COMMUNITY DEVELOPMENT DEPARTMENT
Gustavo Romo, Community Development Director
Posted: October 5, 2023
Bell Gardens City Hall
Bell Gardens John Anson Ford Park
Bell Gardens Veterans Park - Ross Hail Auditorium
Bell Gardens Department of Public Works
Daily Journal Corporation (Bell Gardens News Paper) — General Circulation Exhibit 10 68

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VICINITY I RADIUS MAP
5822 Gotham Street I APN 6230-010-006
(File No. 2023-017)
xa
Exhibit -10 —

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RESOLUTION #PC 2023-010

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
BELL GARDENS APPROVING TENTATIVE PARCEL MAP NO. 84125
(File No. 2023-017)
WHEREAS, Paula Gonzalez ("Applicant"), is requesting approval of Tentative Parcel Map ("TPM") No. 84125 to create one (1) parcel for condominium purposes on an approximately 11,420 square -foot lot at 5822 Gotham Street ("Subject Site") in the City of Bell Gardens ("City");
WHEREAS, Office of the LA County Assessor map Assessor's Parcel Number ("APN") 6230-010-006, located at 5822 Gotham Street, Bell Gardens ("Subject Site") is presently zoned R-3 (High Density Residential) with the General Plan Land Use Designation of HDR (High Density Residential);
WHEREAS, on September 21, 2016, the Planning Commission held a public hearing to consider the Applicant's original request and recommend approval of Tentative TPM No. 74903 (File No, 2016-048) to the City Council; WHEREAS, on October 19, 2016, the Planning Commission held a public hearing to consider the reconciliation of a discrepancy regarding the division of land the Planning Commission adopted Resolution #PC 2016-09 (Exhibit 5) approving TPM No. 74093, finding the proposed subdivision, along with its design and improvement consistent with the General Plan and Resolution #PC 2016-10 (Exhibit 6) approving Variance ("VAR") No. 2016-048 and Conditional Use Permit ("CUP") No. 2016-048 to authorize the development of a three (3) -unit residential condominium project; WHEREAS, since TPM No. 74093 expired, along with the VAR No. 2016-048 and CUP No. 2016-048, and any outstanding grading and building permits, the Applicant, endeavoring to complete their Project, has received, and submitted a new map number to process the proposed division of land;
WHEREAS, on October 12, 2020, Ordinance No. 893 was adopted by the City Council to amend Title 9, Zoning and Planning Regulations ("Zoning Code") to facilitate housing production and encourage well -designed projects, the residential condominium common open space requirement was reduced from 25 percent ("25%") to 20 percent ("20%"), thus eliminating the need to authorize another variance; WHEREAS, TPM No. 84125, along with a request for a conditional use permit, with no changes to the previously submitted plans, was filed with the City on May 3, 2023;
WHEREAS, the Planning Commission held a public hearing on October 18, 2023, and reviewed all facts and evidence, both written and testimonial, pertaining to the requested TPM No. 84125 (File No. 2023-017).

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NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY
RESOLVE AND DETERMINE AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein.

SECTION 2. Pursuant to the Califomia Subdivision Map Act Section 66474, which sets forth the findings necessary for approval, the Planning Commission finds:

A. That the proposed map is consistent with applicable general and specific plans as specified in Section 65451.

Finding: TPM No. 84125 involves the subdivision of the Subject Site located at 5822 Gotham Street. This subdivision would allow for the development of three (market -rate) residential condominium units. The Bell Gardens General Plan Land Use designation for this site is HDR which accommodates a density range of 20-30 dwelling units per acre. This proposal is under the maximum allowable density as required by the City's General Plan. There is no specific plan applicable at the Subject Site.

B. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans.

Finding: The design and improvement of the proposed subdivision are consistent with the General Plan, given that the Project would provide housing units in a residentially zoned area. The Subject Site is located in the southwest section of the City, between Jaboneria Road and Gephart Avenue; the General Plan Circulation Element designates Gotham Street as a local Street; and, the site is not located within a specific plan area.

C. That the site is physically suitable for the type of development.

Finding: The Subject Site is physically suitable for the type of development proposed in TPM No. 84125. Adjacent properties are developed with multi -family residential dwelling units. The Subject Site is currently partially developed with the three condominium units and the previously expired tentative parcel map, conditional use permit and variance require new approvals to authorize continued construction. The site is flat in topography; void of natural vegetation; and does not serve as a habitat for sensitive animal species. The Project is consistent with permitted uses in Zone R-3, and the development standards required in Section

9.10 of the BeII Gardens Municipal Code are proposed to be met since front, rear, and side yard setbacks, the height maximum, and sufficient required residential use parking spaces are observed.

D. That the site is physically suitable for the proposed density of development.

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Finding: The site is physically suitable for the density of development. Zone R-3 permits one (1) condominium unit for every 2,000 square feet of lot area. This, theoretically, would allow up to five (5) condominium units to be constructed on the site if development standards could be met; whereas the Applicant proposes three, less of an overall impact on service demands, utilities and traffic would be imposed.

E. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

Finding: The proposed development would be an infill project, located in an urbanized area of the City, previously graded and partially developed. Based on previous evidence presented in staff reports, and previous and proposed resolutions, the development would result in no significant effects or impacts relating to traffic, noise, air quality, or water quality since existing infrastructure would accommodate the intensity of use anticipated within the General Plan land use category and zoning designation. The Project would cause no substantial environmental damage or substantially and avoidably injure fish, wildlife, or their habitat because the surrounding properties are developed with urban, high density residential uses.

F. That the design of the subdivision or type of improvements is not likely to cause serious public health problems.

Finding: Neither the design nor the type of improvements partially developed or .proposed to be made by the Applicant have caused, or would cause serious public health concerns, because the Subject Site involves no hazardous land uses. As a residential condominium project, the development would serve the public by creating housing and home ownership opportunities within the city.

G. That the design of the subdivision or the type of improvement will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

Finding: The proposed design layout for the Subject Site and improvements would not conflict with easements, acquired by the public -at -large, for access through or use of areas within the Subject Site. As part of the analysis for this Project, notices were routed through City departments, and none of the responses indicate any opposition to the Project.

SECTI©N 3. In accordance with the California Environmental Quality Act ("CEQA") Guidelines, the Project is categorically exempt pursuant to Section 15315 (Minor Land Divisions, Class 15 Categorical Exemption since the proposed Project would consist of the division of a property of four (4) or fewer parcels in an urbanized area zoned for residential use. The proposed subdivision is depicted in conformance with the General Plan and zoning and no variances or exceptions for the proposed

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subdivision are required. Lastly, the parcel was not involved in a division of land in the last 2 years, and the topography is flat with an average slope of less than 20 percent (20%).

SECTION 4. Based upon the record and findings set forth herein, the Planning Commission of the City of Bell Gardens hereby approves TPM No. 84125 to create one (1) parcel for condominium purposes on an approximately 11,420 square -foot lot subject to the following Conditions of Approval:

General Conditions

1. The Subject Site shall be improved and maintained in accordance with:
a. All applications on file in the Community Development Department and Exhibit 1 through 10 included in the staff report and incorporated herein by this reference. b. All applicable laws, including but not limited to, the Bell Gardens Municipal Code.
c. All of the conditions of approval as set forth in this Planning Commission Resolution for TPM No. 84125.

2. All conditions stated herein shall be binding upon the Applicants, their successors, and assigns; shall run with the land; shall limit and control the issuance and validity of certificates of occupancy; shall restrict and limit the construction, location, use and maintenance of all land and structures.adjacent to or within the vicinity of the Subject Site.

Approval of TPM No. 84125 shall be valid for a period of twenty-four (24) months after the date upon which the Planning Commission grants approval of the Division. During this time, the owners or Applicants shall cause the parcel or parcels to be surveyed and a parcel map to be prepared and submitted to the City Engineer for approval and subsequent recordation. Upon written application filed with the Community Development Department within the twenty-four (24) month period following approval of the TPM, extensions beyond the twenty-four (24) month period may be granted by the Planning Commission. The sum of such extensions granted shall not exceed a total of twelve (12) months unless the requirements of Government Code Section 66452.6(a) are met. If the request for extension is denied, then the Applicants or owners may appeal to the City Council within fifteen (15) days after the Planning Commission has denied the extension in the same manner as outlined in Chapter 9.60 of the Bell Gardens Municipal Code.

The abandonment or non-use of TPM No. 84125 for a consecutive period of twenty-four (24) months shall terminate the map approval and any privileges

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granted hereunder shall become null and void, provided that an extension request is not filed and approved in accordance with the Subdivision Map Act.

5. In the event of transfer of ownership of the Subject Site involved in this application, the new owner shall be informed in writing by the Applicants of these conditions and development of the Subject Site and the new owner will be required to abide by the conditions set forth in TPM No. 84125.

Violation of any of the conditions of TPM No. 84125 shall be cause for revocation and termination of all rights hereunder.

7. The Community Development Director or their designee shall be authorized to make minor modifications to the approved plans or any of the conditions if such modifications will achieve substantially the same result, as would strict compliance with said plans and conditions.

8. TPM No. 84125 shall be prepared in conformance with the Subdivision Map Act.

The Applicants shall submit an updated title report for the entire Subject Site. The title report shall be dated not more than three (3) months from the date of submittal of the final map.

9. The new subdivisions shall be developed and maintained in a neat, quiet, and orderly condition and the uses on the lot shall be operated in a manner that will not disturb or be detrimental to adjacent properties, surrounding land uses and occupants.

10. Prior to commencing any construction/demolition on the Subject Site, the Applicants shall submit a site plan indicating on -site and off -site vehicular and pedestrian traffic circulation during all stages of construction to the Community Development Department for review and approval.

11. The Applicant shall submit copies of all the "will serve" letters from SCE, SoCal Gas Company, Golden State Water, and Sanitation District of Los Angeles County.

12. The Applicants shall conform to all standards and secure permits required by all County agencies, as well as utility companies that may have an interest in the Subject Site. The Applicants shall submit a copy of the permits obtained from the County agencies and utility companies to the Community Development Department.

13. As part of the tentative parcel map approval process, the Applicant shall reserve easements on the Subject Site as required by utility companies and county agencies that may have an interest in the Subject Site.

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14. The Applicant shall prepare all on -site and off -site improvements plans and specification in compliance with the Americans with Disabilities Act ("ADA") and shall dedicate all necessary right-of-way ("ROW") to complete the improvements to the satisfaction of the City Engineer.

15. The Applicants shall comply with engineering corrections as indicated by the City Engineering Division and submit all required information as part of the plan check process of TPM No. 84125.

16. The Applicants shall be responsible for submitting payment of all required plan check fees prior to processing the approval and recordation of Final Parcel Map No. 84125.

17. All existing recorded public utility and/or private easements, and any covenants and agreements shall remain and be shown on the final map unless those easements and/or covenants and agreements, and rights thereof, are quitclaimed or omitted in conformance with the Subdivision Map Act, if applicable.

18. The Applicant shall provide covenants, conditions, and restrictions ("CC&R's") or other documentation approved by the City Attorney that specifies that the Subject Site owners of this subdivision will be responsible for the maintenance of the private storm drain systems and storm drain sump pump, on -site driveway, and on - site sewer system. In lieu of providing CC&R's or other documentation for the maintenance of the private storm drain systems and storm drain sump pump, the developer may instead revise the proposed grading shown on the tentative map to provide some positive conveyance of surface drainage from the entire site to Gotham Street.

19. Hours and days of construction and grading shall be as follows: Monday through Saturday, not before 7:00 A.M. and not after 6:00 P.M. of the same day. No construction or grading shall take place on Sunday or holidays.

20. All proposed improvements on the Subject Site, construction of the proposed buildings, and installation of the split face block walls shall be completed in accordance with the provisions of the Uniform Building Code. All required permits from the Building and Safety Division shall be secured prior to commencing the construction of the Project.

21. Graffiti on buildings, walls, and any other structures on the Subject Site shall be removed within forty-eight (48) hours of its discovery. If painting is required, the color of the paint shall be identical to the existing color.

22. Vehicles associated with the construction of the proposed Project shall not be permitted to park on the public ROW.

23. Storage of building materials shall be contained within the Subject Site.

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24. Contractors and subcontractors engaged in the construction activities of the Project shall obtain a business license and all required permits from the City of Bell Gardens.

25. The Applicants shall obtain all necessary permits from City and County agencies and utility companies, including but not limited to Fire and Building and Safety Department permits, for the proposed improvements and business operations on the Subject Site.

26. A grading plan prepared by a registered Civil Engineer shall be submitted for review and approval by the City Engineer prior to issuance of any grading permit.

The grading plan shall also include any required off -site improvements located in front of the Subject Site.

27. A grading permit shall be obtained from the Building and Safety Division and Public Works Department prior to commencing work on the Subject Site. A Hydraulic/Hydrology Report prepared by a Registered Civil Engineer shall be submitted for review and approval by the City Engineer.

28. An NPDES Project Evaluation Form and a Storm Water Pollution Prevention Plan ("SWPPP") shall be submitted for review and approval to the Community Development Department prior to issuance of any grading permit.

29. An Urban Storm Water Mitigation Plan ("USWMP") shall be submitted for review and approval by the City Engineer and Building and Safety Division for the construction of any proposed sanitary sewer and water systems on the Subject .Site prior to issuance of any building permit.

30. The Applicant shall conform to all standards and secure permits required by all County agencies, as well as utility companies that may have an interest in the Subject Site. The Applicant shall submit a copy of the permits obtained from the County agencies and utility companies to the Community Development Department.

Approval of TPM No. 84125 is subject to the approval of Conditional Use Permit No. 2023-017. The Applicant shall satisfy and comply with the conditions of approval for TPM No. 84125 and Conditional Use Permit No. 2023-017 prior to the final inspection by the City of Bell Gardens Community Development Department and the issuance of a Certificate of Occupancy.

32. The Applicant(s) shall sign, notarize, and return to the Community Development Department an affidavit accepting all Conditions of Approval of TPM No. 84125 within fifteen (15) days from the date of approval of the Planning Commission Resolution.

Prior to the final of any building permits by the City, Final Map No. (TBD) shall be filed for recordation in its entirety.

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Grading / Drainage Improvements

34. The Applicant shall re -submit a soil report prepared by a registered civil/geotechnical engineer for the site to the City Engineer or his designee for review and approval.

35. The Applicant shall prepare and submit grading/drainage improvement plans (Plan and Profile) for all on -site improvements. Provide full details, cross sections, and elevations. The stormwater improvements shall be shown on the LID/Treatment device utilizing plan and profile. The Soils Report shall be made part of the grading/drainage plans, including the Soils Engineer's signature on the grading/drainage plans. The plans shall be submitted to the City Engineer or designee for review and approval.

36. The Applicant shall conduct their operations in a manner that will not violate the current NPDES City Permit or SWPPP.

37. The Applicant shall secure a WDID number prior to the start of any grading operations, if applicable.

38. The Applicant shall comply with all rules and conditions for the Water Quality Board and shall conduct their grading operations accordingly.

39. The Applicant shall prepare and submit a hydrology and hydraulic study, signed by a registered civil engineer, for the City Engineer or his designee for review and approval.

40. The Applicant shall prove that the drainage pattern and points of disposal shall not overload any existing drainage system,

41. Provide comprehensive utility coordination plan for on -site improvements showing gas, water, sewer, electrical, ctv/phone.

42. Provide explanation and location of trash receptacle/enclosures, and/or turning radius analysis that a trash truck can negotiate through. 43, Provide traffic control, construction personal parking plan and truck haul route plan for review and approval.

Off -Site Roadway Improvements

44. ROW improvements shall include the replacement of curb/gutter and sidewalk in compliance with ADA Guidelines from the west to east Subject Site property lines.

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Coordinate slot cutting of existing pavement for construction of the improvements and AC paving.

45. ROW improvements include the construction of a new driveway approach.

Coordinate slot cutting of existing pavement for construction of the improvements and AC paving.

46. Provide landscaped and irrigated parkway improvements to be maintained by the Subject Site owners and documented in the CC&R's.
47, Provide an under -sidewalk curb drain per City standards that is connected to the on -site stormwater treatment devices.

48. The off -site improvements shall be coordinated between the developer and City.

49. Establish three addresses for each condominium unit and paint the curb accordingly.

Water Improvements

50. The Applicant shall prepare and submit plan and profile for on -site and off -site water improvements to the satisfaction of Golden State Water Company. Upon final approval of the said plans, the Applicant shall provide a signed/approved set of plans to the City Engineer for reference.
51, Provide landscape improvement plans for on -site and off -site Project areas including the details showing the irrigation double detector check valve assembly..

Sewer Improvements

52. The Applicant shall prepare and submit plans and profile for on -site and off -site sewer improvements to the satisfaction of Los Angeles County Sanitation District.

Upon final approval of said plans, the Applicant shall provide a signed copy to the City Engineer for reference.

53. Provide sewer pump calculations and maintenance manual if required.

LA County Fire Department

54. The Applicants shall conform to all specifications and standards from the Los Angeles County Fire Department and shall secure all required approvals and permits prior to commencing the construction of the Project.

55. The Applicant shall obtain all required Fire Department approvals and permits prior to commencing the construction of the proposed improvements on the Subject Site and comply with all the conditions of approval for the Fire Department.

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56. Prior to Fire Department plan check, plans must be submitted to the City for initial review (i.e., fire sprinkler plans, etc.).

57. The Applicant shall ensure that fire protection facilities, including access, must be provided prior to and during construction.

58. Prior to the issuance of a building permit, the Applicant shall conduct a fire flow test to determine if the existing water line serving the Project has adequate capacity for both potable water and fire flow and submit the results to the City of BeII Gardens Community Development Department.

59. The Applicant shall submit two sets of architectural plans to the Los Angeles County Fire Prevention Division, Building Plan Check Unit office located at 5823 Rickenbacker Road, Commerce, CA 90040. Architectural Plans shall include, but not be limited to, a site plan, floor plan, elevations, door and window schedules and appropriate section details.

60. The Applicant shall comply with all required conditions established by the Fire Department. Additionally, the Applicant shall obtain all required Fire Department approval and permits prior to commencing the construction of the proposed improvements on the Subject Site.

61. The site plan shall show all the existing fire hydrant locations within 300 feet of all Subject Site property lines prior to issuance of any permit.

Building/Site Improvements

62. The proposed site improvements on the Subject Site shall be subject to review and approval by the Planning and Building and Safety Divisions. All proposed improvements shall be completed in accordance with the provisions of the California Building Code as amended by Title 26 of the Los Angeles County Building Code. All required permits from the Building and Safety Division shall be secured prior to commencing the construction of the Project.

63. The Applicant shall be responsible for submitting plans for Building and Safety Plan Check and obtain permits for all the work proposed on the Subject Site.

64. Temporary storage of building materials is only authorized with a valid grading or building permit and shalt be contained within the Subject Site and shall be properly secured and screened during all stages of construction.

65. The Applicant shall install and maintain a six-foot high chain -link fence and gates around the entire perimeter of the Subject Site during all stages of construction and is only authorized with a valid grading or building permit. The gates shall be closed and locked after construction hours.

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66. Contractors and subcontractors engaged in the construction activities of the proposed Project shall obtain a business license and all required permits from the City of Bell Gardens.

67. Prior to submittal of plans to Building and Safety Plan Check, the Applicant shall submit a color and material sample board for the exterior building materials and paint colors for trims, wall surfaces, moldings, decorative awnings, frame and glass for all windows and doors, and other exterior building elements shall be subject to review and approval by the Community Development Department.

68. The installation of security grilles on any exterior doors and windows shall be prohibited.

69. The roof drainage system shall be integrated into the walls of the building so that there are no visible downspouts.

70. Any new roof mounted mechanical equipment, including any air compressor units, shall be installed a minimum of 6 inches (6") below the lowest building parapet to prevent the visibility from public view.

71. The following construction practices shall be implemented by all Project contractors to reduce construction noise levels:
a. Ensure that construction equipment is properly muffled according to industry standards. All power construction equipment shall utilize noise shielding and muffling devices.

Locate the construction staging area and noise -generating equipment away from adjacent residents as much as feasible.

72. The Applicant shall work closely with City staff to coordinate appropriate accommodations for industrial waste service on the Subject Site.

73. Proposed and required on -site and off -site improvements shall be completed by the Applicant prior to a building permit final and issuance of a Certificate of Occupancy by the City on the Subject Site.

74. All on -site cable television service connections to the proposed Project shall be installed underground. All cable and connectors shall be screened completely from view and within the building served. Visible cabinets and boxes shall be treated to match the materials and colors of the buildings. The Applicant is responsible for contacting the cable company and arranging cable installation at the appropriate stage of construction. The type and location of cable installation is subject to approval of the Community Development Department and the construction coordinator of the cable television company servicing the area.

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Resolution #PC 2023-010

Page 12 ends

75. All on -site electrical service connections to the proposed Project shall be installed underground. All surface or ground mounted mechanical equipment including terminal boxes, pull boxes and electric meter cabinets shall be screened from public view and treated to match the materials and colors of the adjacent building.

The Applicant is responsible for contacting Southern Califomia Edison and arranging electrical service at the appropriate stage of construction. Installation is subject to approval by the Community Development Department and the customer service planner at Southern California Edison Company.

76. All on -site gas service connections to the proposed Project shall be installed underground. All surface or ground mounted gas meters and mechanical equipment shall be screened from public view and treated to match the materials and colors of the adjacent building. The installation is subject to approval by the Community Development Department and Southern California Gas Company.

77. Prior to the issuance of a building permit, the Applicant shall submit for review and approval to the Community Development Department a lighting plan for all exterior areas of the Subject Site. Any new light standards, light fixtures, and building security lights shall be shielded to prevent any light and glare impacts on nearby properties. The final selection of all light fixtures shall be subject to review and approval by the Community Development Department.

Public Works Department

78. The Applicants shall obtain all required approvals and permits from the Public Works Department prior to commencing any work that may encroach on the City's public ROW.

79. Prior to submittal of plans to Building and Safety Plan Check, the Applicant shall submit to the Building Division the following plans:
a. Two sets of grading/drainage plans. The grading/drainage plans shall be prepared by a licensed Civil Engineer with the State of California. b. Standard Urban Water Mitigation Plan ("SUSMP") prepared in accordance with the provisions contained in Title 11, Chapter 11.12 of the Bell Gardens Municipal Code.
c. A Hydrology and Hydraulics report in conformity with the Los Angeles County Guidelines.
d. A Geotechnical Report prepared by a Geotechnical Engineer.

ParkingAreas/Site Maintenance

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Resolution #PC 2023-010

Page 13 ends

80. The Subject Site shall be cleared of all construction debris prior to the issuance of a building permit by the Community Development Department,

81. The proposed parking lot area including but not limited to vehicle maneuvering areas within the Subject Site shall be paved.

82. Inoperable vehicles shall not be parked within any designated parking spaces, drive aisle, or public streets.

Property Boundary Clarification

83. The Applicant shall prepare and submit a plat showing the legal ownership of the lot and how the proposed development shown on the Subject Site.

84. The Applicant shall pay all the required City fees which include, but not limited to Road Mitigation Fees, School District Fees, Development Impact Fees, Public Art Fees, and any as required, prior to final building permit inspection.

85. As directed by the City, the Applicant shall establish or annex to any or all existing assessment districts for lighting, landscaping, or maintenance within the City.

86. The Applicant shall submit a Title Report not older than 90 days from the date of submittal of the legal final map for plan check by the City Engineer. The Applicant shall comply with all the easement requirements as shown on said report.

Final Map/ ROW Dedication

87. The Applicant shall prepare and submit a legal Final Map prepared by a licensed Surveyor or registered Civil Engineer authorized to prepare the legal final map for the City Engineer review and approval. Said map shall be in compliance with the Map Act and the City's Subdivision Section of the Municipal Code.

88. The Applicant shall prepare and finalize the CC&R's and shall be reviewed and approved by Public Works and shall include the following perpetual maintenance and payment mechanism by the Association to maintain, repair and replace as required all private improvements. Specific paragraphs shall address:
a. All driveways
b. Parkway landscaping and irrigation
c. Sewers and sewer pumps
d. Stormwater/LID improvements and devices with associated Project covenants in compliance with the Los Angeles County Stormwater permit

89. The CC&R's shall be recorded prior to, or concurrently with, the recordation of the legal final map.

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Resolution #PC 2023-010

Page 14 ends

90. The Applicant shall finalize the construction of both the on -site and off -site improvements. If said improvements have not been finalized, the Applicant shall enter into a subdivision agreement and post security deposit or bond guaranteeing the construction of said improvements.

91. The Applicant shall provide clearances for any and all entities that place conditions of approval for the TPM No. 84125.

Miscellaneous

92. The Applicant shall obtain all necessary permits and licenses from the State, City and County agencies, including but not limited to, Fire Department and Industrial Waste for the proposed improvements and business operations on the Subject Site.

93. The owner of the Subject Site, the Project Applicant, and each successor in interest and assigns, shall defend, indemnify and hold harmless the City of Bell Gardens and its officials, agents, officers, and employees from any and all claims, actions, or proceedings brought by any party to attack, set aside, void or annul, rescind, or otherwise challenge the approval of the Project or the approval of any entitlement related to the Project by the City Council, Planning Commission, or its staff, including but not limited to, environmental determinations. Such indemnification and hold harmless shall include damages, judgments, settlements, penalties, fines, and defensive costs and expenses, incurred by, or ordered against the City in connection with or arising out of such claims, actions, or proceedings, including but limited to, interest, reasonable attorney's fees and costs, or expert witness fees, incurred by -the City, The City shall promptly notify the Applicant of, any claim, action or proceeding and the City and Applicant shall mutually cooperate fully in the defense thereof.

94. he Applicant shall sign, notarize, and return to the Community Development Department an affidavit accepting all Conditions of Approval of TPM No. 84125 within 15 days from receipt of acknowledgement of approval of the Planning Commission Resolution. The Applicant acknowledges and understands that all conditions set forth in this Resolution are conditions precedent to the Commission's grant of approval and failure to comply with any condition contained herein shall render this Site Plan Review non -binding as against the City and shall confer the Applicant no legal rights under the law. This tentative parcel map shall not become effective unless and until the Applicant returns the fully executed affidavit.

PASSED, APPROVED AND ADOPTED this 18th day of October 2023.

Signatures on the following page]

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Resolution #PC 2023-010

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ATTEST:

EL DE LA rtOSA, VICE -CHAIRPERSON

ERIKA GUTIERREZ, PLANNING SECRETARY
APPROVED AS TO FORM:

LLOYD PILCHEN, ASSISTANT CITY ATTORNEY

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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
TO:

FROM:

BY:

Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Bernardo Iniguez, Director of Public Works/Facilities
Douglas Benash, P.E., City Engineer
SUBJECT: Approval of Plans and Specifications and Authorization to Solicit Bids for the HSIP Cycle 11 Intersection Improvements at Florence Avenue/Garfield Avenue and Eastern Avenue/Gage Avenue (CIP No. 3936)
DATE: October 13, 2025
RECOMMENDATION:

It is staff's recommendation that the City Council:

1. Approve the plans and specifications for the HSIP Cycle 11 Intersection Improvements at Florence Avenue/Garfield Avenue and Eastern Avenue/Gage Avenue (CIP No. 3936);

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

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

BACKGROUND/DISCUSSION:

Engineering staff has completed the design and construction documents for the HSIP Cycle 11 Intersection Improvements at Florence Avenue/Garfield Avenue and Eastern Avenue/Gage Avenue (the "Project"). The Project's purpose is to improve safety for pedestrians and drivers by improving traffic signing, striping, markings, curb paintings, and installing new signs to provide better traffic control. The Project scope of work consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the plans, specifications, and contract documents for the installation of raised medians on approaches, improvement of pavement friction, installation of pavement markings, improvement of signal timing, and upgrading roadway signage and striping at the intersections of Florence Avenue/Garfield Avenue and Eastern Avenue/Gage Avenue.

The construction documents, which include plans, specifications, and engineer estimate (PS&E) have been completed in accordance with the City's internal procurement policies and the Public Contract Code. The total contract period for this project is forty (40) working days.

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Upon authorization by the City Council, staff will proceed with the bid phase of the Project, publishing the Notice Inviting Sealed Bids (NISB) in a local newspaper of general circulation and other electronic media, and posting the plans and specifications on the City's website. Bids will be publicly opened, and a construction contract will be awarded to the lowest responsive and responsible bidder at a future City Council meeting. The published NISB will state the time and place for receiving and opening of sealed bids and will distinctly describe the Project. The NISB will be published in accordance with Public Contract Code § 20164.

The tentative Bid Schedule is as follows:
• Authorization to Bid
• Advertise Bid
• Mandatory Pre -Bid Meeting
• Request for Information Deadline
• Bid Opening
• Anticipated Award of Contract
• Pre -Construction Meeting
• Construction Begins
10/13/2025
10/15/2025
10/29/2025 at 1:30 pm
11/6/2025 at 5:00 pm
11/12/2025 at 11:00 am
12/8/2025
January 2026 (Tentative)
February 2026 (Tentative)
DESIGN IMMUNITY:

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

The plans and specifications for the Project are consistent with the City's standards and the General Plan. Staffs recommendation for City Council approval of the plans and specifications is intended to avail the City of the immunities set forth in Government Code section 830.6, prior to proceeding with construction of the Project. Through the City Council's approval, the Director of Public Works/Facilities, as the City's project manager, will be authorized to act on the City's behalf in approving any necessary alterations or modifications of the plans and specifications throughout the course of the Project.

ENVIRONMENTAL ANALYSIS:

Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000, et seq.), the City conducted an environmental assessment. Based on the environmental assessment, the Project was determined to be categorically exempt pursuant to CEQA Guidelines § 15303 (Class 1 —Existing Facilities). A Notice of Exemption for the Project will be prepared and filed with the L.A. County Registrar Recorder's Office.

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CONCLUSION:

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

FISCAL IMPACT:

The FY25/26 Capital Improvement Budget includes a total of $417,500 for the construction of the Project, which includes $375,750 in HSIP funds and $41,750 in general funds, as a local match. The engineer's estimate for construction is $379,500.

ATTACHMENTS:

Exhibit 1 — Notice Inviting Sealed Bids
APPROVED ELECTRONICALLY BY:

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

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NOTICE INVITING SEALED BID
FOR
HSIP CYCLE 11 - INTERSECTION IMPROVEMENTS AT FLORENCE

AVENUE/GARFIELD AVENUE AND EASTERN AVENUE/GAGE AVENUE
(CIP. No. 3936)

IN THE CITY OF BELL GARDENS
PUBLIC NOTICE IS HEREBY GIVEN that the City of Bell Gardens, (hereinafter, "CITY" or "AGENCY") invites sealed bids for the above -stated project and will receive such bids in the offices of the City Clerk, City Hall, 7100 South Garfield Avenue, Bell Gardens, California 90201, up to the hour of 11:00 AM on November 12, 2025, at which time they will be publicly opened.

Copies of the Plans, Specifications, and contract documents are available on the City's website at httos:// www.bell ardens.ora/i want-to/view-bids-rfos/rfos-and-bids To comply with SB 854, beginning January 1, 2015 the following applies:

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

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

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

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

The bidder is required to submit any Requests for Information (RFIs) via email to Douglas Benash, City Engineer, at [email protected], with a copy to [email protected] and [email protected]. All RFIs must be submitted no later than November 6, 2025, at 5:00 p.m.

Attendance at a pre -bid meeting is mandatory and will be held on October 29, 2025, at 1:30 p.m. at the Public Works Yard, 8327 Garfield Avenue, Bell Gardens, California 90201. All Prime 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

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requirements will result in Bidder's proposal being found non -responsive to the required procedures.

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

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

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

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

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

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

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HSIP CYCLE 11 - INTERSECTION IMPROVEMENTS AT FLORENCE

AVENUE/GARFIELD AVENUE AND EASTERN AVENUE/GAGE AVENUE
(CIP. No. 3936)
The bid must be accompanied by cash, a certified or cashier's check, or bidder's bond, issued by an "admitted surety insurer" made payable to the AGENCY for an amount no less than ten percent (10%) of the total base bid amount.

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

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

The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advertisement for a period of ninety (90) days.

The Contractor shall complete all work in every detail within forty (40) working days comprised of five (5) working days for mobilization and thirty-five (35) working days for construction, after the effective date in the Notice -to -Proceed with the Work to be issued by the CITY.

BY ORDER OF the City of Bell Gardens, California.

Dated: October 13, 2025

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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
TO:

FROM:

BY:

Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Bernardo Iniguez, Director of Public Works/Facilities
Douglas Benash, P.E., City Engineer
SUBJECT: Approval of Plans and Specifications and Authorization to Solicit Bids for the Garfield Avenue/Eastern Avenue Intersection Improvements Project (CIP No. 3881)
DATE: October 13, 2025
RECOMMENDATION:

It is staff's recommendation that the City Council:

1. Approve the plans and specifications for the Garfield Avenue and Eastern Avenue Intersection Improvements Project (CIP No. 3881);

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

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

BACKGROUND/DISCUSSION:

Engineering staff has completed the design and construction documents for the Garfield Avenue and Eastern Avenue Intersection Improvements Project (the "Project"). The Project scope of work consists of improving roadway geometry by re -aligning the existing "Y" intersection into a "T" intersection to increase safety, improving intersection capacity, and improving operations with coordinating efforts along the Garfield Avenue/Eastern Avenue corridors. The construction documents, which include plans, specifications, and engineer estimate (PS&E) have been completed in accordance with the City's internal procurement policies and the Public Contract Code. The total contract period for this project is 135 working days.

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The tentative Bid Schedule is as follows:
• Authorization to Bid
• Advertise Bid
• Mandatory Pre -Bid Meeting
• Request for Information Deadline
• Bid Opening
• Anticipated Award of Contract
• Pre -Construction Meeting
• Construction -Procurement Phase
• Construction
10/13/2025
10/15/ 2025
10/29/2025 at 2:30 p.m.
11/6/2025 at 5:00 p.m.
11/12/2025 at 11:30 a.m.
12/8/2025
January 2026 (Tentative)
February 2026 (Tentative)
Late Summer/Fall 2026 (Tentative)
DESIGN IMMUNITY:

The plans and specifications for the Project are consistent with the City's standards and the General Plan. Staff's recommendation for City Council approval of the plans and specifications is intended to avail the City of the immunities set forth in Government Code section 830.6, prior to proceeding with construction of the Project. Through the City Council's approval, the Director of Public Works/Facilities, as the City's project manager, will be authorized to act on the City's behalf in approving any necessary alterations or modifications of the plans and specifications throughout the course of the Project.

ENVIRONMENTAL ANALYSIS:

CONCLUSION:

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

FISCAL IMPACT:

The FY25/26 Capital Improvement Budget includes a total of $4,010,536 of Metro I-710 Early Action Item Funds. The engineer's estimate for construction is $2,000,000.

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ATTACHMENTS:

Exhibit 1 — Notice Inviting Sealed Bids
APPROVED ELECTRONICALLY BY:

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

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NOTICE INVITING SEALED BID
FOR

GARFIELD AVENUE AND EASTERN AVENUE

INTERSECTION IMPROVEMENTS PROJECT
FY 2022-2023
(CIP. No. 3881)

IN THE CITY OF BELL GARDENS
PUBLIC NOTICE IS HEREBY GIVEN that the City of Bell Gardens, (hereinafter, "CITY" or "AGENCY") invites sealed bids for the above -stated project and will receive such bids in the offices of the City Clerk, City Hall, 7100 South Garfield Avenue, Bell Gardens, California 90201, up to the hour of 11:30 a.m. on November 12, 2025, at which time they will be publicly opened.

Copies of the Plans, Specifications, and contract documents are available on the City's website at https://www.bellgardens.org/i-want-to/view-bids-rfps/rfps-and-bids To comply with SB 854, beginning January 1, 2015 the following applies:

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

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

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

Attendance at a pre -bid meeting is mandatory and will be held on October 29, 2025, at 2:30 pm at the Public Works Yard, 8327 Garfield Avenue, Bell Gardens, California 90201. All Prime Contractors are required to have a representative attend and sign in at

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the pre -bid meeting. Failure to comply with this attendance and sign in requirements will result in Bidder's proposal being found non -responsive to the required procedures.

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

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GARFIELD AVENUE AND EASTERN AVENUE

INTERSECTION IMPROVEMENTS PROJECT
FY2022-2023
(CIP. No. 3881)
The bid must be accompanied by cash, a certified or cashier's check, or bidder's bond, issued by an "admitted surety insurer" made payable to the AGENCY for an amount no less than ten percent (10%) of the total base bid amount.

All bidders shall be licensed in accordance with the provisions of the Business and Professions Code and shall possess a State Contractor's License, Class A or C12, at the time of bid submittal. The successful Contractor and each of his subcontractors will be required to possess a Business License from the City.

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

The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advertisement for a period of ninety (90) days.

The total contract period for this project is one hundred thirty-five (135) working days from the effective date of the Notice -to -Proceed to be issued by the City. This includes up to ninety (90) days of procurement period and forty-five (45) days for construction.

Construction may start after sixty (60) days of procurement period.

BY ORDER OF the City of Bell Gardens, California.

Dated: October 13, 2025

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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Bernardo Iniguez, Director of Public Works/Facilities SUBJECT: Consideration of a Resolution Approving a First Amendment to the Contract Services Agreement with ABM Building Solutions, LLC for Heating, Ventilation and Air Conditioning Maintenance Services DATE: October 13, 2025
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 ABM Building Solutions, LLC for heating, ventilation and air conditioning maintenance services.

BACKGROUND/DISCUSSION:

On February 24, 2025, the City Council approved a Contract Services Agreement ("Agreement") with ABM Building Solutions, LLC ("ABM") for heating, ventilation and air conditioning (HVAC) maintenance services in an annual amount not -to -exceed $43,381.00. Services provided under this Agreement include routine preventative maintenance, regular system inspections, annual maintenance procedures, and any other HVAC-related work. The term of the Agreement is for three years, with an option to extend for up to two additional one-year terms.

John Anson Ford Park Acuatics Center — Preventative Maintenance With the opening of the new John Anson Ford Park Aquatics Center, it is imperative to include the new HVAC equipment to the City's existing Agreement. This ensures operational consistency across facilities and guarantees immediate call -out response as the existing contractor is familiar with the City's standards and maintenance protocols.

On October 3, 2025, at the request of Public Works staff, ABM submitted a comprehensive proposal for the annual maintenance of the Aquatics Center's HVAC system and equipment, with a proposed cost of $21,292.10 per year. This pricing will remain unchanged for the initial three-year term of the Agreement. The proposal includes a five percent price increase for the additional one-year term extensions.

Therefore, the annual contract cost would be increased from $43,381.00 to $64,673.10 for the initial three-year term. If both parties agree to extend the Agreement, the contract cost for the optional 4th year would be $67,906.76, and the contract cost for the optional 5th year would be $71,302.10.

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Additionally, due to the new equipment and unforeseen operational needs, staff recommends City Council authorize an annual $20,000 contingency for as -needed HVAC-related tasks that may arise during the term of the Agreement. These contingency funds would be utilized strictly on an as -needed basis for extraordinary HVAC maintenance services and would be approved by the City Manager or his designee.

CONCLUSION:

Approving the First Amendment of the Agreement would modify the existing scope of services to include the Aquatics Center HVAC systems, and increase the compensation amount.

FISCAL IMPACT:

Funding for HVAC services is available in the FY 2025/2026 Operating Budget.

APPROVED ELECTRONICALLY BY:

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

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RESOLUTION NO. 2025-100

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 ABM BUILDING SOLUTIONS, LLC FOR

HEATING, VENTILATION AND AIR CONDITIONING MAINTENANCE

SERVICES
WHEREAS, on February 12, 2024, the City Council approved a Contract Services Agreement with ABM Building Solutions, LLC ("ABM") for heating, ventilation and air conditioning (HVAC) maintenance services; and
WHEREAS, on March 12, 2025, the City of Bell Gardens ("City") and ABM executed and entered into a Contract Services Agreement ("Master Agreement") for HVAC maintenance services within the City for an annual cost of $43,381.00; and WHEREAS, on October 3, 2025, ABM submitted a proposal for the annual maintenance of the new John Anson Ford Park Aquatics Center ("Aquatics Center") HVAC system and equipment, with a proposed annual cost of $21,292A0; and WHEREAS, it is imperative to maintain the new Aquatics Center HVAC system and equipment to ensure operational consistency across facilities and immediate call -out responses for the new facility; and
WHEREAS, the City now desires to enter into a First Amendment to amend the existing Master Agreement with ABM to include the annual maintenance of the Aquatics Center HVAC system and equipment, and increase the annual compensation to $64,673.10 for the initial three-year term and $67,906.76 and $71,302.10 for the two optional one-year terms, respectively; and
WHEREAS, due to the new equipment and unforeseen operational needs, it is prudent to include an annual $20,000 contingency for as -needed HVAC-related tasks that may arise during the term of the Master Agreement.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:

SECTION 1. The City Council hereby finds and determines that the foregoing recitals are true and correct, constitute a material part of this Resolution, and therefore incorporate them herein in their entirety as part of the findings.

SECTION 2. Based upon the above recitals, the staff report accompanying this Resolution, and such other oral and written evidence, the City Council hereby approves a First Amendment to the Master Agreement with ABM Building Solutions, LLC, which is attached to the staff report as Exhibit 2.

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Resolution No. 2025-100
SECTION 3. The City Council further authorizes and directs the City Manager to execute the First Amendment with ABM Building Solutions, LLC on the City's behalf, along with any other ancillary documents relating thereto, including any other documents consistent with and necessary 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 effective immediately upon its approval.

PASSED, APPROVED, and ADOPTED this 13th day of October, 2025.

THE CITY OF BELL GARDENS
Marco Barcena, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez
City Attorney
2 of 3
Daisy Gomez
City Clerk

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Resolution No. 2025-100
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 October 13, 2025, and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Daisy Gomez
City Clerk
3 of 3

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2025

FIRST AMENDMENT TO CONTRACT SERVICES AGREEMENT
(Contractor: ABM Building Solutions, LLC)
(Nature of Engagement: Heating, Ventilation and Air Conditioning (HVAC) Maintenance Services)
THIS FIRST AMENDMENT (hereinafter, "First Amendment") to that certain agreement entitled "2025 Contract Services Agreement" and dated March 12, 2025 (hereinafter, the "Master Agreement"), is hereby made and entered into this day of 2025 (hereinafter, "Effective Date"), by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "CITY") and ABM BUILDING SOLUTIONS, LLC (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 March 12, 2025, the Parties executed and entered into the Master Agreement for Heating, Ventilation and Air Conditioning (HVAC) Maintenance Services; and
WHEREAS, the Master Agreement is attached and incorporated hereto as Exhibit "A"; and
WHEREAS, under the terms of the Master Agreement, the CITY agreed to pay CONTRACTOR a total annual not -to -exceed sum of FORTY-THREE THOUSAND THREE HUNDRED EIGHTY-ONE DOLLARS AND TEN CENTS ($43,381.10) (hereinafter, "Annual Not -to -Exceed") to provide HVAC maintenance services; and WHEREAS, with the opening of the new John Anson Ford Park Aquatics Center, CITY requires HVAC system and equipment maintenance to ensure operational consistency across facilities and immediate call -out responses for the new facility; and WHEREAS, per CITY request, on October 3, 2025, CONTRACTOR provided the City with a quote entitled, "Quotation on Materials Maintenance" (hereinafter, "October 2025 Quote"), which is attached and incorporated hereto as Exhibit "B", for the cost of the additional services required; and
WHEREAS, the Parties now wish to increase the Annual Not -to -Exceed Sum by

TWENTY-ONE THOUSAND TWO HUNDRED NINETY-TWO DOLLARS AND TEN CENTS ($21,292.10) for a new total Annual Not -to -Exceed Sum of SIXTY-FOUR

THOUSAND SIX HUNDRED SEVENTY-THREE DOLLARS AND TEN CENTS ($64,673.10) for the remainder of the Term and SIXTY-SEVEN THOUSAND NINE HUNDRED SIX DOLLARS AND SEVENTY-SIX CENTS ($67,906/6) for the first optional one-year extension and SEVENTY-ONE THOUSAND THREE HUNDRED TWO DOLLARS AND TEN CENTS ($71,302.10) for the second optional one-year extension.

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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) SCOPE OF WORK of the Master Agreement is hereby amended to include those services provided in CONTRACTOR's quote, entitled, "Quotation on Materials Maintenance" (hereinafter, "October 2025 Quote"), which is attached and incorporated hereto as Exhibit "B."
SECTION 2. Section 4B. (COMPENSATION) of the Master Agreement is hereby amended to increase the Annual Not -to -Exceed Sum of FORTY-THREE THOUSAND THREE HUNDRED EIGHTY-ONE DOLLARS AND TEN CENTS ($43,38t10) by TWENTY-ONE THOUSAND TWO HUNDRED NINETY-TWO DOLLARS ($21,292) for a new total Annual Not -to -Exceed Sum of SIXTY-FOUR THOUSAND SIX HUNDRED SEVENTY-THREE DOLLARS AND TEN CENTS ($64,673.10) for the remainder of the Term; and SIXTY-SEVEN THOUSAND NINE HUNDRED SIX DOLLARS AND SEVENTY-SIX CENTS ($67,906.76) for the first optional one-year extension; and

SEVENTY-ONE THOUSAND THREE HUNDRED TWO DOLLARS AND TEN CENTS ($71,302.10) for the second optional one-year extension. Additionally, as authorized by the City Council at its Regular Meeting of October 13, 2025, and subject to any applicable restrictions set forth under the Bell Gardens Municipal Code as the same may be amended from time to time or applicable State law, CITY, in its sole and absolute discretion, may authorize expenditures in excess of the Annual Not to Exceed Sum without further City Council approval provided such additional expenditures do not cumulatively exceed an annual amount of TWENTY THOUSAND DOLLARS ($20,000).

Any such additional expenditures must be approved by the City Manager, or his designee, in writing before they may be incurred.

SECTION 3. Except as otherwise set forth in this First Amendment, the Master Agreement shall remain binding, controlling, and in full force and effect. Section 22 of the Master Agreement notwithstanding, this First Amendment 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 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 Master Agreement, the provisions of this First Amendment shall control, but only in so far as such provisions conflict with the Master Agreement, and no further.
(SIGNATURES ON NEXT PAGE)
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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 ABM BUILDING SOLUTIONS, LLC
By: By:

Michael B. O'Kelly, City Manager
Date:

APPROVED AS TO FORM:

By:

Stephanie Vasquez, City Attorney
3 Name:

Title: _
Date:

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EXHIBIT "A"

MASTER AGREEMENT
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2025

CONTRACT SERVICES AGREEMENT
(Contractor: ABM Building Solutions, LLC)
(Nature of Engagement: Heating, Ventilation and Air Conditioning (HVAC) Maintenance Services)
THIS CONTRACT SERVICES AGREEMENT herei after, "Agreement") is made and entered into this /2 #1 day of C 2025 (hereinafter, the "Effective Date"), by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "CITY") and ABM BUILDING SOLUTIONS, LLC (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.

RECITALS
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 issued a Request for Proposals for Heating, Ventilation and Air Conditioning (HVAC) Maintenance Services; and
WHEREAS, CITY staff has determined that CONTRACTOR possess the skills, experience and expertise required to competently provide the services and tasks contemplated under this Agreement; and
WHEREAS, the execution of this Agreement was approved by the Bell Gardens City Council at its Regular Meeting of February 24, 2025.

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

SECTION 1. SCOPE OF WORK.

A. Subject to the terms and conditions of this Agreement, CONTRACTOR agrees to provide CITY HVAC maintenance services. The various tasks and related services to be performed by CONTRACTOR are more specifically described in the CITY's "Request for Proposals for Heating, Ventilation and Air Conditioning (HVAC) Maintenance Services" (hereinafter the "CITY RFP") dated December 23, 2024, and the written proposal of CONTRACTOR entitled "Heating, Ventilation and Air Conditioning (HVAC) Maintenance Services" (hereinafter, the "CONTRACTOR PROPOSAL") dated February 4, 2025. The CITY RFP and the CONTRACTOR PROPOSAL are attached and incorporated hereto as Exhibit "A" and "B" respectively. The term "Scope of Work" shall be a collective reference to the CITY RFP and the CONTRACTOR PROPOSAL. The capitalized term "Work" shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONTRACTOR PROPOSAL, the requirements of the document entitled CITY

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RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control but only to the extent of the conflict or inconsistency and no further.

B. CONTRACTOR shall provide all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall perform the Work in accordance with the terms and conditions of this Agreement and in accordance with such other written or verbal directives as may be issued by CITY.

C. By executing this Agreement, CONTRACTOR warrants that CONTRACTOR: (i) has thoroughly investigated and considered the nature of the work, services and tasks to be performed under this Agreement; (ii) has carefully considered how the Work should be performed; and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

CONTRACTOR warrants that it will inspect any location where the Work is to be performed and acquaint itself with the conditions of the location prior to commencing any of the Work requested by CITY. Should the CONTRACTOR discover any latent or unknown conditions which will materially affect the performance of the services hereunder, CONTRACTOR shall immediately inform the CITY of such fact and shall not proceed, except at CONTRACTOR's risk until written instructions are received from the City Representative as defined herein.

D. In the event CONTRACTOR ceases to perform the Work agreed to under this Agreement or otherwise abandons any undertaking contemplated herein prior to completion and acceptance of the Work, CONTRACTOR shall deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONTRACTOR in the performance of this Agreement.

Furthermore, CONTRACTOR shall only be compensated for the reasonable value of the services, tasks and other work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONTRACTOR's cessation or abandonment.

SECTION 2. TERM.

A. This Agreement shall have a term of three (3) years commencing as of the Effective Date (hereinafter, the "Term"). The Term of the Agreement may be extended by the CITY subject to its same terms and conditions for a maximum of two (2) one-year extensions, provided the City Manager 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 CITY's ability to terminate this Agreement at any time for convenience or for cause.

C. CONTRACTOR shall perform the Work continuously and with due diligence.

CONTRACTOR shall cooperate with CITY and in no manner interfere with the Work of CITY, its employees or other consultants, contractors or agents. 2

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D. CONTRACTOR shall not claim or be entitled to receive any compensation or damage because of the failure of CONTRACTOR, or its subcontractors, to have related services or tasks completed in a timely manner.

E. CONTRACTOR shall at all times enforce strict discipline and good order among CONTRACTOR's employees.

F. CONTRACTOR, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.

SECTION 3. PROSECUTION OF WORK.

A. CONTRACTOR shall perform the Work contemplated under this Agreement on an as -needed, as requested basis. Nothing in this Agreement shall be construed to grant CONTRACTOR the exclusive right to perform any of the types of services or tasks contemplated under this Agreement nor shall anything in this Agreement be construed to entitle CONTRACTOR to the receipt of any sums under this Agreement, except to the extent CITY requests the performance of any Work in the manner described below and such Work is in fact performed and completed by CONTRACTOR and accepted by CITY. CITY requests for the performance of specific services or tasks contemplated under this Agreement shall be made in the form of a written work order(s) issued by the City Representative (each such written request hereinafter referred to as a "Work Order"). Each Work Order shall include the following information:

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

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

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

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

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

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

B. CONTRACTOR shall perform no Work under this Agreement without a written request from the City Representative, containing the information set forth in Section 3(A), above.

C. Time is of the essence in the performance of Work under this Agreement, and in the absence of a specific schedule or other instructions from the City Representative, CONTRACTOR shall begin and complete performance of the Work to completion in a timely and a diligently manner as possible.

SECTION 4. COMPENSATION.

A. CONTRACTOR shall perform all the Work in accordance with the rates set forth in the CONTRACTOR PROPOSAL.

B. CONTRACTOR's total compensation during the Term of this Agreement shall not 3

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exceed the annual sum of FORTY-THREE THOUSAND THREE HUNDRED EIGHTY-ONE DOLLARS ($43,381) (hereinafter, the "Annual Not -to -Exceed Sum"). CONTRACTOR further agrees that the Annual 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. CONTRACTOR shall have no right or entitlement to any overage contingency sums authorized by the City Council unless the City Representative authorizes the expenditure of such overage contingency funds in writing in the City Representative's sole and absolute discretion.

C. The Annual Not -to -Exceed Sum will be paid to CONTRACTOR in monthly increments as the Work is completed. Following the conclusion of each calendar month, CONTRACTOR will submit to CITY an itemized invoice indicating the work performed and the tasks completed during the recently concluded calendar month, including the Work and tasks performed and the reimbursable out-of-pocket expenses incurred. If the amount of CONTRACTOR's compensation includes hours worked by CONTRACTOR's personnel, the invoice shall indicate the number of hours worked in connection with the specific service or task requested, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY shall notify CONTRACTOR in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days 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.

A. CONTRACTOR represents, acknowledges and agrees as follows:

1. CONTRACTOR shall perform all work skillfully, competently and to the highest standards applicable to the CONTRACTOR's field;

2. CONTRACTOR represents all personnel assigned to perform the Work for CITY under this Agreement shall possess the skill, training, and experience necessary to competently perform the Work and shall at all times possess and maintain all licenses, certifications and/or qualifications necessary to perform the Work;

3. CONTRACTOR shall perform all work in a manner reasonably satisfactory to the CITY;

4. 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.). CONTRACTOR's compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of 4

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Housing and Urbanization;

5. CONTRACTOR understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;

6. In the performance of this Agreement, CONTRACTOR shall supply and deploy personnel, equipment, tools, and materials necessary, in the reasonable opinion of CITY, to perform all Work in compliance with the standard of care set forth in this Section and to time complete all Work as specified by the Scope of Work or other written order;

7. 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; and

8. CONTRACTOR shall perform, at CONTRACTOR's sole cost and expense, any tasks necessary to correct any errors or omissions caused by CONTRACTOR's failure to comply with the standard of care set forth in this Section or by any like failure on the part of CONTRACTOR's employees, agents, contractors, 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 in the City Representative's sole and absolute discretion.

B. 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, contractors, 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 CONTRACTOR 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 5

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California.

SECTION 6. REPRESENTATIVES.

A. City Representative. For the purposes of this Agreement, the contract administrator and CITY's representative shall be Bernardo Iniguez, Director of Public Works/Facilities (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.

Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the City Representative.

B. Contractor Representative. For the purposes of this Agreement, Chan Onechanh, Area Manager, is hereby designated as the principal and representative of CONTRACTOR authorized to act on its behalf with respect to CONTRACTOR's performance under this Agreement and to make all decisions in connection therewith (hereinafter, the "Contractor Representative"). Notice to the Contractor Representative whether written or verbal shall constitute notice to CONTRACTOR.

The Contractor's Representative shall supervise and direct the Work, using their best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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 the improvements contemplated under this Agreement. 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 shall possess the qualifications, permits and licenses required by applicable law to perform such work, services and tasks.

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.

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shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons.

E. CONTRACTOR shall be responsible for payment of all employees' and subconsultants' wages and benefits and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security.

F. CONTRACTOR shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the performance of the Work contemplated under this Agreement.

SECTION 8. SUBSTITUTION OF KEY PERSONNEL. CONTRACTOR has represented to CITY that certain key personnel will perform and coordinate the Work under this Agreement. Should one or more of such personnel become unavailable, CONTRACTOR may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONTRACTOR cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Work in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONTRACTOR at the request of the CITY.

SECTION 9. PREVAILING WAGES AND GENERAL LABOR COMPLIANCE AND REPORTING.

A. CONTRACTOR and any subcontractor performing or contracting any portion of the Work shall comply with all applicable provisions of the California Labor Code for all workers, laborers and mechanics of all crafts, classifications or types, including, but necessarily limited to the following:

1. In accordance with California Labor Code Section 18110, 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.

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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 at the Public Works Yard, 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 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 a

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CONTRACTOR knowingly fails to comply with the provisions of California Labor Code Section 1777.5, civil penalties will be assessed. CONTRACTOR shall also be subject to California Labor Code Section 1777.1.

C. 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 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 the 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 require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this contract." A subcontractor is not allowed to commence the Work on the project until verification of Workers' Compensation Insurance coverage has been obtained and verified by CONTRACTOR and submitted to the Public Work's Director 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 work, shall withhold and retain therefrom all amounts required to satisfy any civil wage and penalty assessment issued by the Labor Commissioner, along with 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 10. 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 CONTRACTOR, 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 9

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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 11. INDEPENDENT CONTRACTOR.

A. All acts of CONTRACTOR, its agents, officers, subcontractors and employees and all others acting on behalf of CONTRACTOR relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of 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 of 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 and, except as expressly provided in this Agreement, shall not be subjected to CITY's control with respect to the physical action or activities of the CONTRACTOR in fulfillment of this Agreement.

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. If necessary, CONTRACTOR has the responsibility for employing other persons or firms to assist CONTRACTOR in fulfilling the terms and obligations 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. It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONTRACTOR nor CONTRACTOR'S assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of CITY in any capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever.
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F. 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 12. 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 13. 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, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decision making or military and veteran status.

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 12900 et seq.). The applicable regulations of the Fair Employment and Housing Act, set forth in Part 2.8, Division 3, of Title 2 of the Government Code 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 CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform the Work under this Agreement.

SECTION. 14. INDEMNIFICATION.

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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 Indemnitees 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 attomey'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 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 12

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

SECTION 15. 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 sub -consultants or sub -contractors 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.
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CONTRACTOR shall provide proof that policies of insurance expiring during the Term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.

G. The general liability and automobile policies of insurance shall contain an endorsement naming CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns as additional insureds.

All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days' prior written notice to CITY.

CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions.

H. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the CITY, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

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, its officials, officers, employees, agents and volunteers.

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.

L. 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.

M. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may cancel this Agreement effective upon notice.
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N. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

SECTION 16. 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 of 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 17. 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 Manager. 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 fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") 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 in this Section 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 Event of Default within the following time periods:
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Within three (3) business days of CITY's issuance of a Default Notice for any failure of CONTRACTOR to timely provide CITY or CITY's employees or agents with any information and/or written reports, documentation or work product which CONTRACTOR is obligated to provide to CITY or CITY's employees or agents under this Agreement.

Prior to the expiration of the 3 -day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3 -day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds seven (7) calendar days from the end of the initial 3 -day cure period; or ii. Within thirty (30) calendar days of CITY's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 30 -day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30 -day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 30 -day cure period.

If an Event of Default relates to a material falsehood or misrepresentation set forth in Exhibit "B" 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 the performance of any specific task or function performed by CONTRACTOR under this Agreement) pending CONTRACTOR's cure of any Event of Default by giving CONTRACTOR written notice of CITY's intent to suspend CONTRACTOR's 16

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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.

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;
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
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 services required by this Agreement.

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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 18. FORCE MAJEURE. The Term 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 19. 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:

City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: Bernardo Iniguez,
Director of Public Works/Facilities
Phone: 562-806-7700
If to CONTRACTOR:

ABM Building Solutions, LLC
14201 Franklin Avenue
Tustin, CA 92780
Attn: Chan Onechanh, Area
General Manager
Phone: 949-330-1555
SECTION 20. 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 21. ATTORNEY 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 attorney's fees.

SECTION 22. 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 18

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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 both CITY and CONTRACTOR.

SECTION 23. GOVERNING LA ; 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 24. SEVE j.BILITY. 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 25. 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 26. 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 FOLLO ING PAGE]
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.

CITY OF BELL GARDENS:

Title: m
Date: p
APPROVED AS TO FORM:

By:

Stephanie Vasquez, City Attorney
20 ABM BUILDING SOLUTIONS, LLC:

Name:

Title:

C
Date:.

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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.

CITY OF BELL GARDENS:

By:

Name:

Title:

Date:

APPROVED AS TO FORM:

By:

Stephanie Vasquez, City Attorney
20 ABM BUILDING SOLUTIONS, LLC:

By:

Name:

Title: _
Date:
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EXHIBIT "A"
CI RFP
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PU LIC WORKS DEPART ENT
8327 GARFIELD AVENUE • BELL GARDENS, CALIFORNIA 90201-61222 (562) 806--7770 FAX (562) 806-7789 + WWW.BELLGARDENS.ORG

REQUEST FOR PROPOSALS FOR HEATING, VENTILATION AND AIR

CONDITIONING (HVAC) MAINTENANCE SERVICES
ADDENDUM NO, 1
January 7, 2025
This addendum is being issued for the REQUEST FOR PROPOSALS FOR HEATING,

VENTILATION AND AIR CONDITIONING (HVAC) MAINTENANCE SERVICES ("RFP").

Submit a proposal with the full understanding and full consideration of this addendum.

A. This addendum is being issued to incorporate the following Questions and Answers ("Q&A") into the RFP:

1. Q: I do not see the price sheet "Attachment A" in the RFP. Can you please advise on how we are to price this contract opportunity? A: Contractors are encouraged to develop ' • •
The tee structure should be Pia

2. Q: Are the quarterly meetings to be conducted onsite or can information be emailed and discussed via telephone conversations?
. _ to can 1.1 . C =w
odes selecta

3. Q: The term of the Agreement will be for three (3) years with up to two (2) optional one-year extensions. Can the bidder define within Attachment "A" of their bid submission a yearly price increase percentage rather than projecting pricing of labor and material 3 to 5 years out?
A: Bidders may include
argue

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Addendum No. 1
RFP Heating, Ventilation and Air Conditioning (HVAC) aintenance Services

Page 2 of 2 ends

B. This addendum is being issued to make the following change:

Attachment "C" - Sample Services Agreement is hereby incorporated in the RFP with the enclosed sample Contract Services Agreement.

Inform subcontractors and suppliers as necessary.

Sincerely,
Bernardo Iniguez
Director of Public Works/ Facilities
Enclosure
The bidder shall individually identify and acknowledge receipt of this addendum by signing and enclosing a copy of this form in his/her bid submittal. Failure to do so may result in disqualification of his/her bid submittal.

Signature of Pro r Date
Proposer Firm Name and Address

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2025

CONTRACT SERVICES AGREEMENT
(Contractor:
(Nature of Engagement:

THIS CONTRACT SERVICES AGREEMENT (hereinafter, "Agreement") is made and entered into this day of 2025 (hereinafter, the
"Effective Date") by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "CITY" and ' „" t ��+ R (hereinafter,
) ,.«� �1�:. lsnx..�,'k �. ,a.:z,4x,� \ ';��\ �vzw,.x-.wow "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.

RECITALS
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 requires
and
WHEREAS, CITY staff has determined that CONTRACTOR possess the skills, experience and expertise required to competently provide the services and tasks contemplated under this Agreement; and
WHEREAS, the execution of this Agreement was approved by the Bell Gardens City Council at its Regular Meeting of , 2025.

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

Section 't. Scope of Work.

A. Subject to the terms and conditions of this Agreement, CONTRACTOR agrees to provide CITY � A, The various tasks and related
services to be performed by CONTRACTOR are more specifically described in the CITY'S " LAZ} (hereinafter the "CITY RFP") and the
written proposal of CONTRACTOR entitled I S ,i M 9,s' I„ (hereinafter, the "CONTRACTOR PROPOSAL") dated INSERT DATE OF PROPOSAL. The CITY RFP and the CONTRACTOR PROPOSAL are attached and incorporated hereto as Exhibits "A" and "B" respectively. The term "Scope of Work" shall be a collective reference to the CITY RFP and the CONTRACTOR PROPOSAL. The capitalized term "Work" shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONTRACTOR PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the

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provisions of this Agreement shall govern and control.

B. CONTRACTOR shall provide all tabor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall perform the Work in accordance with the terms and conditions of this Agreement and in accordance with such other written or verbal directives as may be issued by CITY.

C. By executing this Agreement, CONTRACTOR warrants that CONTRACTOR: (i) has thoroughly investigated and considered the nature of the work, services and tasks to be performed under this Agreement; (ii) has carefully considered how the Work should be performed; and (iii) fully understands the facilities, difficulties„ and restrictions attending performance of the services under this Agreement.

CONTRACTOR warrants that CONTRACTOR has or will investigate any location where the Work is to be performed and is or will be fully acquainted with the conditions there existing, prior to undertaking any service or task requested by CITY in the manner described under Section 3, below. Should the CONTRACTOR discover any latent or unknown conditions which will materially affect the performance of the services hereunder, CONTRACTOR shall immediately inform the CITY of such fact and shall not proceed, except at CONTRACTOR's risk until written instructions are received from the City Representative as defined herein.

Section 2. Term.

A. This Agreement shall have,a term of
Effective Date through
commencing from the
hereinafter, the "Term").

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.

C. CONTRACTOR shall perform the Work continuously and with due diligence.

CONTRACTOR shall cooperate with CITY and in no manner interfere with the Work of CITY, its employees or other consultants, contractors or agents.

E. CONTRACTOR shall at all times enforce strict discipline and good order among CONTRACTOR's employees.
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F. CONTRACTOR, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.

G. CONTRACTOR shall complete the services within the term of this Agreement, and shall meet any other established schedules and deadlines.

Section 3. Prosecution of Work.

A. CONTRACTOR shall perform the Work contemplated under this Agreement on an as -needed, as requested basis. Nothing in this Agreement shall be construed to grant CONTRACTOR the exclusive right to perform any of the types of services or tasks contemplated under this Agreement nor shall anything in this Agreement be construed to entitle CONTRACTOR to the receipt of any sums under this Agreement, except to the extent CITY requests the performance of any Work in the manner described below and such Work is in fact performed and completed by CONTRACTOR and accepted by CITY.'` CITY requests for the performance of specific services or tasks contemplated under this Agreement shall be made in the form of a written work order(s) issued by the City Representative (each such written request hereinafter referred to as a 'Work Order). Each Work Order shall include the following information:

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

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

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

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

5. Any other information CITY deems necessary and relevant to the requested services or tasks; and
. The signature of the City Representative, confirming that the services or tasks have been authorized by the City Representative.

B. CONTRACTOR shall perform no Work under this Agreement without a written request from the City Representative, containing the information set forth in Section 3(A), above.

Section 4. Compensation.

A. CONTRACTOR shall perform all the Work in accordance with the rates set forth in the CONTRACTOR PROPOSAL.

B. CONTRACTOR's total compensation during the Term of this Agreement shall not exceed the annual sum of I"N,$041,? jA010` , ,1.Ys 1 ,. (hereinafter, the "Annual Not -to -Exceed Sum"). CONTRACTOR further agrees that the Annual Not -to -Exceed Sum is inclusive of compensation for all labor, 3

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materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work.

CONTRACTOR shall have no right or entitlement to any overage contingency sums authorized by the City Council unless the City Representative authorizes the expenditure of such overage contingency funds in writing in the City Representative's sole and absolute discretion.

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 days 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 represents and maintains that it is skilled in the professional calling necessary to perform the Services;
C. CONTRACTOR shall perform all work in a manner reasonably satisfactory to the CITY;
D. 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.). CONTRACTOR's compliance with applicable laws will include, without limitation, compliance with all applicable CaI/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization; E. CONTRACTOR understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; F. All of 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;
4

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G. 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 temrn of this Agreement; and H. CONTRACTOR shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY's authorized representative. The quality of Services shall meet or exceed those standards established by the CITY or County of jurisdiction.

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, contractors, 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 CONTRACTOR 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 contract administrator and CITY's representative shall be fr"
Nei A3 yib„ (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.

Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the City Representative.

B'. Contractor Representative. For the purposes of this Agreement, ��`�I t1 P1 }
Auld
Y r' g Ett, and
�,, �� ,,� is hereby designated as the principal and representative of CONTRACTOR authorized to act on its behalf with respect to 5

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CONTRACTOR's performance under this Agreement and to make all decisions in connection therewith (hereinafter, the "Contractor Representative"). Notice to the Contractor Representative whether written or verbal shall constitute notice to CONTRACTOR. The Contractor's Representative shall supervise and direct the Services, using their best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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 the improvements contemplated under this Agreement. 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 shall possess the qualifications, permits and licenses required by applicable law to perform such work, services and tasks.

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.

C. CONTRACTOR shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work.

D. In the event that CITY, in its sole reasonable discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONTRACTOR to perform services pursuant to this Agreement, CONTRACTOR shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons.

F. CONTRACTOR shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the performance of the Work contemplated under this Agreement.

Section 8. Substitution of Key Personnel. CONTRACTOR has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement.

Should one or more of such personnel become unavailable, CONTRACTOR may substitute other personnel of at least equal competence upon written approval of CITY. 6

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In the event that CITY and CONTRACTOR cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONTRACTOR at the request of the CITY.

Section 9. Prevailing Wages and General Labor Compliance and Reporting.

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 at the Public Works Yard, 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.

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involved. Such agreements shall be filed within ten (10) days after their execution and thereafter shall establish such travel and payments.

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.

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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 the 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 require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this contract." A subcontractor is not allowed to commence the Work on the project until verification of Workers' Compensation Insurance coverage has been obtained and verified by CONTRACTOR and submitted to the Public Work's Director for the CITY's review and records.

Section 10. 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 CONTRACTOR, 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 CCTY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

Section 11. Independent Contractor.

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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.

Section 12. 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.
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Section 13. 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, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decision making or military and veteran status.

CONTRACTOR and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.

Section. 14. 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.

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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 selected by 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.

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.

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Section 15. 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.

3. Worker's Compensation insurance as required by the State of California.

B. CONTRACTOR shall require each of its sub -consultants or sub -contractors 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.

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.

H. All policies of Commercial General Liability and Automobile Liability insurance shall 13

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be primary and any other insurance, deductible, or self-insurance maintained by the CITY, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

N. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Section 16. 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 of the Work.

Section 17. 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 14

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issuance of written notice to CONTRACTOR specifying the effective date of such termination. Such termination for convenience shall be made in writing signed by either the City Representative, the City Manager or the Assistant City Manager.

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 fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") 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 in this Section 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 Event of Default within the following time periods:

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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 set forth in Exhibit "A" 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.

5. The duties and obligations imposed under this Agreement and the rights and 16

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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 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 18. 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 riot 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 17

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performance of this Agreement, however caused, CONTRACTOR'S sole remedy being extension of the Agreement pursuant to this Section.

Section 19. 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:

City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn:

Phone: 562-806-7700
If to CONTRACTOR:

Section 20. 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 21. Attorney 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 attorney's fees.

Section 22. 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 both CITY and CONTRACTOR.

Section 23. 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 ail 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 24. Severability. Wherever possible, each provision of this Agreement shall 18

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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 25. 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 26. 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 FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.

CITY OF BELL GARDENS, a municipal
corporation
By:

Michael B. ©'Kelly
City Manager
Date:

APPROVED AS TO FORM:

By:

Stephanie Vasquez
City Attorney
Date:
20 By:

Name:

Title:

Date:

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REQUEST FOR PROPOSALS
FOR

HEATING, VENTILATION AND AIR CONDITIONING (HVAC) MAINTENANCE

SERVICES
RFP Release Date
Monday, December 23, 2024
Proposal Submittal Deadline
5:00 p.m., Tuesday, January 14, 2025
Contact Person:

Bernardo Iniguez, Director of Public Works/Facilities
City of BeII Gardens
8327 Garfield Avenue
Bell Gardens, CA 90201
(562) 806-7770
biniquezabellpardens.orq
7100 Garfield Avenue • Bell Gardens, CA 90201 • (562) 806-7700 • www.bellgardens.org

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TABLE OF CONTENTS
I. BACKGROUND AND GENERAL INFORMATION 3
II. SUBMITTAL PROCEDURES/DEADLINE 4
III. SCHEDULE 4
IV. DEFINITIONS, TERMS, AND CONDITIONS 5
V. SCOPE OF WORK 9
VI. PROPOSAL FORMAT AND CONTENT REQUIREMENTS...... ....... . .... ...... ....... 17 VII. EVALUATION CRITERIA 19
ATTACHMENTS:

Attachment A — Proposal Price Sheet
Attachment B — Acknowledgement of City's Standard Form of Agreement Attachment C — Sample Contract Services Agreement

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L BACKGROUND AND GENERAL INFORMATION
The City of Bell Gardens ("City") was incorporated on August 1, 1961, as a general law city, thus, it operates under the Council/Manager form of government. The five City Council members are elected at -large by registered voters in the City for staggered four-year terms and serve as the City's legislative, policy -making body. The Mayor position is shared among the Council members who select one another as Mayor annually. The City Council holds bi-monthly public meetings. The City Manager is responsible for directing City affairs as prescribed by the City Council. The City has a population of approximately 39,000 in an area of 2.4 square miles located in the southeastern part of Los Angeles County. The City shares a common boundary with the Cities of South Gate, Bell, Downey, and Commerce. The City is considered an integral part of the Los Angeles -Long Beach metropolitan area.

The City's departments include Finance and Administration, City Clerk, Community Development, Recreation and Community Services, Police, and Public Works. Fire services are provided by the Los Angeles County Fire Department. The Public Works Department consists of various divisions, including Administration, Street Maintenance, Utilities and Contracts, Transportation Services, the City Water System, Solid Waste Management, and Parks and Facilities Maintenance.

The Public Works department is responsible for the oversight and maintenance of city -owned facilities. Heating, ventilation and air conditioning (HVAC) maintenance consists of, but not limited to, routine preventative maintenance, systems inspections, annual maintenance, as - needed repairs and other work as may be requested by the City. All work will be in compliance with all applicable local, state, and federal regulations for the prevention of water and air pollution.

The City is seeking proposals from qualified firms with proven expertise to provide heating, ventilation and air conditioning (HVAC) maintenance services at City facilities. The City currently contracts these services to a private firm and is seeking to establish/ costs and qualifications. Please review this Request for Proposals for Citywide Landscape Maintenance Services (RFP) outlining the range of services being sought to determine if you wish to submit a proposal for the requested services.

It is the intent of the City to select a single Proposer to provide the requested HVAC Services; however, the City reserves the right to select one or more Proposers to perform service either through this RFP or through subsequent solicitations for as -needed HVAC maintenance services. The term of the Agreement will be for three (3) years with up to two (2) optional one-year extensions.

II. SUBMITTAL PROCEDURES/DEADLINE
An electronic version of the proposal shall be emailed to GI l clerkdesk be ardens.o and brnlquez@bellgardensoorq no later than 5:00 p.m. on Tuesday, January 14, 2025. Additionally, three hard copy sets of the proposal (two (2) bound, one (1) unbound) shall be mailed no later than 5:00 p.m. on Tuesday, January 14, 2025, to the City Clerk's 3

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Office. The electronic version of the proposal must be an exact duplicate of the hard copies, and the subject line must read "City of Bell Gardens Proposal for Heating, Ventilation and Air Conditioning (HVAC) Maintenance Services". If the proposal includes any comments over and above the specific information requested in this RFP, such information should be included as a separate appendix and placed at the end of the proposal.

Postmarks after the due date are unacceptable and no facsimiles will be accepted. Please mail or deliver your response in a sealed envelope with "City of Bell Gardens Proposal for Heating, Ventilation and Air Conditioning (HVAC) Preventative Maintenance Services" written below the address label and addressed as follows:

City Clerk's Office
Attention: Daisy Gomez, City Clerk
HVAC Preventative Maintenance RFP Response
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
Questions and Inquiries
To ensure a fair and objective RFP process and evaluation, all questions and inquiries related to this RFP shall be addressed in writing to Bernardo Iniguez, Director of Public Works/Facilities, at biniquezAbelIcardens.orp. The deadline for written questions and inquiries is Monday, January 6, 2025, at 5:00 p.m. City Hall is open Monday through Thursday from 7:30 AM to 6:00 PM.

All times posted in Pacific Standard Time (PST).

III. SCHEDULE
The tentative schedule for this RFP is as follows:

Release of RFP
Deadline for Questions
Proposal Due Date
Proposer Interviews (if necessary)
City Council Recommendation of Award
Monday, December 23, 2024
Monday, January 6, 2024 at 5:00 p.m.

Tuesday, January 14, 2025 at 5:00 p.m.

Thursday, January 16, 2025
Monday, January 27, 2025
*The schedule above is tentative and subject to change at the discretion of the City, with appropriate notice to prospective proposers. Please check the Bell Gardens website for the latest updates at htt s:// www.bell ardens.or /i want-to/view-bids-rf sill s -and -bids. All times posted are in Pacific Standard Time (PST).
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W. DEFINITIONS, TERMS, AND CONDITIONS
1,. Definitions: To simplify and clarify the language throughout this RFP, the following definitions shall apply:

A. City Council: The elected officials of the City of Bell Gardens, who have been given the authority to exercise such powers and jurisdiction on all City business as conferred by the State Constitution and the City of Bell Gardens Municipal Code.

B. Contract Services Acreement: An agreement between the City and the selected Proposer to furnish professional services over a designated period.

C. Proposer: The bidder, Proposer, vendor, firm, company, Proposer, organization, or individual offering a proposal in response to this RFP.

D. Proposer or Proposer's Representative: All of the Proposer's employees, officers, directors, Proposers and agents, any subproposers or suppliers listed in the Proposer's proposal, and any individual or entity who has been requested by the Proposer to contact the City on the Proposers behalf.

2. Proposal General Terms and Conditions:

A. RFP General Conditions
Proposals shall be prepared to simply and economically, provide a straightforward, concise description of the Proposer's ability to meet the requirements of this RFP. Emphasis shall be on the quality, completeness, clarity of content, responsiveness to the requirements, and an understanding of City's objectives.

Proposers shall carefully read the information contained in this RFP and shall submit complete responses to all requirements and questions as directed. Incomplete proposals may be considered non -responsive and may be rejected in the City's discretion. The submission of a response to this RFP shall be deemed a representation and certification by the Proposer that has read and understood the RFP, has investigated all aspects of the RFP, and is aware of the applicable facts pertaining to the RFP process, its procedures and requirements. No request for modification of the responses to this request shall be considered after its submission on grounds that the Proposer was not fully informed as to any facts or condition.

Proposers should be aware that the RFP and the contents of the successful proposal will become a part of any subsequent contractual documents that may arise from this RFP.

Following the Proposal Submission Deadline, the City, pursuant to the California Public Records Act (Govt. Code Section 7920.000 et seq.) reserves the right to make copies of all 5

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submitted proposals available for inspection and copying by any interested member of the public, except to the limited extent the City determines that any information contained in a proposal is legally privileged under the California Public Records Act. By submission of a proposal, proposers acknowledge and agree that their proposal and any information contained therein may be disclosed by the City to interested members of the public, including other proposers. All responses to the RFP received become a matter of public record and shall be regarded as public records, with the exception of those elements in each proposal which are defined by the Proposer as business or trade secrets and plainly marked as "Confidential," "Trade Secret," or "Proprietary." The City shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof, if they are not plainly marked as "Confidential," "Trade Secret," or "Proprietary" or if disclosure is required under the Public Records Act. Any proposal which contains language purporting to render all or significant portions of the proposal "Confidential," "Trade Secret," or "Proprietary" shall be regarded as nonresponsive.

B. Proposal Validity
A proposal may be modified or withdrawn in person at any time before the scheduled due date, provided a receipt for the withdrawn proposal is signed by the Proposer's authorized representative. The City reserves the right to request proof of authorization to withdraw a proposal. Proposals may not be withdrawn after the proposal closing date and each proposer agrees to this stipulation upon submittal of its proposal.

All proposals, with associated costs, shall be considered valid and binding on the Proposer for a period of ninety (90) days after the proposal due date.

C. Electronic Documents
Proposers may be supplied with the original RFP documents in electronic form to aid in the preparation of proposal(s). By accepting these electronic documents, each Proposer agrees not to edit or change the language or format of these documents. Submission of a proposal by a Proposer signifies full agreement with this requirement.

D. Receipt of Proposals
Submitted proposal(s) must be properly addressed and received by the City prior to the date and time specified. The mere fact that the proposal was dispatched will not be considered; the Proposer must ensure that the proposal is delivered. Proposals received after the date and time specified shall be returned and will be considered void and unacceptable. The City is not responsible for the lateness of the mail carrier, etc.; and the time/date stamp of receipt by the City Clerk's Office shall be the official time of receipt.

Receipt of an addendum of the RFP by a Proposer must be acknowledged by submitting the signed addendum with the proposal.

E. Alterations
Proposal documents cannot be physically altered or amended after the closing date. 6

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Alterations made before closing must be initialed by the Proposer to guarantee authenticity.

Proposals may not be withdrawn after the proposal closing date, and each Proposer agrees to this stipulation upon submittal of its proposal. However, all proposals are subject to negotiation before a Contract Services Agreement is awarded as further described below.

F. Point of Contact and Communication
The Director of Public Works/Facilities is the designated "Point of Contact" for this RFP.

Proposers must only communicate with the Point of Contact during the RFP submission and procurement process. Communications initiated by proposers to this RFP with members of the City Council, or officers, personnel or employees of the City, other than via the Point of Contact, may be grounds for disqualification. Any inquiries or requests during this RFP submission and procurement process shall be submitted in writing to the Point of Contact as follows:

City of Bell Gardens
Attention: Bernardo Iniguez, Director of Public Works/Facilities 8327 Garfield Avenue
Bell Gardens, CA 90201
(562) 806-7770
Email: [email protected]
The City shall not be responsible for any verbal communication between any employee of the City and any proposed Proposer outside of the communication procedures established in this RFP. Only written requirements and qualifications will be considered. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions, or specifications stated in the resulting Contract Services Agreement.

Proposers and Proposer's Representatives may not communicate with the City Council members about this RFP. In addition, Proposer and Proposer's Representatives may not communicate outside the procedures set forth in this RFP with an officer, employee or agent of the City regarding this RFP until after Contract Services Agreement Award. However, Proposer and Proposer Representatives are not prohibited from making oral statements or presentations in public to one or more representatives of the City during a public meeting.

G. Reservations
The City reserves the right to accept or reject any or all responses received in response to this RFP. The City also reserves the right to waive any informality, technical defect or clerical error or irregularity in any response. The City's potential award of a Contract Services Agreement will not be based on any single factor, nor will it be based solely or exclusively on the lowest cost proposal. If an agreement is awarded, the award will be to the Proposer or Proposers who in the judgment of the City have presented an optimal balance of relevant experience, price, quality of service, work history and other factors which the City may consider relevant and important in determining which proposals are best for the City.

Additionally, the City may, for any reason, decide not to award any agreements based on this RFP. The City reserves the right to cancel or modify this RFP. The City shall not be obligated to respond to any responses submitted, nor be legally bound in any manner by the 7

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submission of the response. The City reserves the right to negotiate deliverables and associated costs. There is no guarantee that the City will award a Contract Services Agreement.

By submitting a proposal in response to this RFP, the Proposer accepts the evaluation process and acknowledges and accepts that determination will require subjective judgments by the City.

H. Reimbursements
Proposer shall be solely and exclusively responsible for all costs incurred in connection with the preparation and submission of the proposals; demonstrations; interviews; preparation of responses to questions and requests for additional information; for contract discussions; or for anything in any way related to this RFP. The City is not liable for any costs incurred by a Proposer in response to this RFP. Whether or not a Proposer is awarded an Agreement pursuant to this RFP, no Proposer shall be entitled to reimbursement for any costs or expenses associated with the Proposer's participation in this RFP process. Failure to comply with all requirements contained in this RFP may result in the rejection of a proposal.

I. Certification
Any proposal that does not contain all the information requested in this RFP will be considered incomplete and may be rejected by the City.

J. Funding
The City operates and is funded on a fiscal yearly basis. Accordingly, the City reserves the right to terminate, without any liability, any Agreement for which funding is not available, K. Negotiations
Negotiations may be conducted with responsible Proposers who submit a proposal that is reasonably susceptible to being selected. All Proposers reasonably susceptible of being selected based on criteria set forth in this RFP may be given an opportunity to make a presentation and/or interview. Although this process will ultimately result in the award of a single Agreement, the City reserves the right to negotiate a Contract Services Agreement with more than one Proposer.

L. Additional Information
During the proposal evaluation process, the City reserves the right, where it may serve the City's best interest, to request additional information or clarifications from Proposers. The City also reserves the right to investigate the qualifications of the proposed Proposer(s) as it deems appropriate.

M. Award of Contract Services Agreement
Award of any agreement resulting from this RFP will be made by the City Council at a public 8

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meeting.

3. Records and Audits
The Proposer shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to the Contract Services Agreement and such other records as may be deemed necessary by the City to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the City or any authorized representative and will be retained five (5) years after the expiration of this Agreement unless permission to destroy them is granted by the City. (24 CFR Part 84, Sec. 84.53)

4. Labor Compliance
The selected Proposer will comply with any applicable State or federal labor compliance requirements, including the paying of prevailing wages to certain classifications performing work under the Contract Services Agreement awarded as a result of this RFP, if the State Department of Industrial Relations (DIR) or a federal agency require the paying of such prevailing wages to certain classifications during the term of the Contract Services Agreement.

5. Proposer Dress Code, Appearance, and Equipment
The selected Proposer shall require each of its employees to adhere to industry standards of work ethic and attire. Shirts shall be worn at all times and shall be buttoned and tucked in.

The Proposer's employees shall have shirts with the Proposer's company logo or wear Proposer -issued identification cards at all times while performing work on behalf of the City.

No caps with insignias or designs other than the Proposer's logo may be worn and no caps shall be worn backwards. The Proposer shall provide its employees all of the necessary equipment, vehicles, and apparatus needed to perform the services contained in this RFP.

V. SCOPE OF WORK

5.0 GENERAL PROVISIONS
The Proposer will provide full -service HVAC maintenance services and administer the duties and responsibilities set forth in this RFP, in compliance with all applicable laws, regulations, policies and procedures. Services to be performed include the furnishing of all labor, materials, tools, equipment, supplies, services, tasks and incidental and customary work necessary to competently perform HVAC maintenance work at various City facilities.

The Proposer is responsible for developing the service prices necessary to conform to the specifications. It is the Proposer's responsibility to provide an appropriate level of staffing and provide appropriate tools and vehicles necessary to support all facilities' HVAC maintenance functions during hours of operation and after normal working hours. The Proposer will maintain the appropriate license(s) and DIR registration during the life of the Contract and 9

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will comply with all other license, insurance and permit requirements of the City, state and federal governments, as well as all other requirements of the law.

The work will include the provision of a total maintenance program consisting of a variety of tasks including, but not limited to, installing, replacing, piping, and testing HVAC services and mechanical systems and components. Systems include, but are not limited to, domestic water, heating, cooling as well as all related components required for municipal buildings and facilities. Services will include all parts and labor, online service, on -call repairs, predictive and preventative maintenance, and a designated number of on -site visits per year in accordance with the negotiated agreement and scope of work. The final scope of work may be adjusted after a complete survey and audit of each system by the selected Proposer(s).

The Proposer will retain professional personnel who have successfully and competently provided HVAC maintenance and repair services in a municipal setting and completed projects of similar scope and complexity. It shall be the Proposer's responsibility to effectively repair and maintain, to the satisfaction of the City representative, all aspects of HVAC systems in City -defined facilities with minimal downtime. All maintenance will be provided in accordance with the highest standards of the industry, skill, workmanship, applicable trade practices, shall meet warranties and be in conformance to all applicable laws, codes and regulations. The Proposer's HVAC maintenance will, at a minimum, include but not be limited to the specifications outlined herein.

The Proposer will be responsible for discarding and recycling all used materials; leaving work areas free of all dirt, litter, lubricants, or other materials utilized to perform HVAC maintenance; and erecting barricades, warning signs, and any other devices to prevent unauthorized access by the public or unauthorized City staff to work areas.

The Proposer will respond to all requests for maintenance or unscheduled emergency response as required, 24 hours per day, 365 days per year, including holidays. All costs for labor and materials for these unscheduled calls will be included in the Proposal sheet.

Response time by the Proposer will be within four (4) hours of all requests.

The Proposer will ensure that sufficient inspections are made to guarantee the Services are performed as specified. In addition to these inspections, the Contract Representative shall perform and submit written inspections of designated equipment upon the request of the Director of Public Works/Facilities or his designee.

The City will give the Proposer's personnel reasonable access to the areas where the services are to be performed to the extent necessary or appropriate for the performance of services. The City and Proposer will arrange building access prior to commencement of work.

The Proposer will promptly notify the City Representative of needed repairs and/or damage to fixtures, building and appurtenances observed during the performance of the services. Any item of a critical, priority, or emergency nature will be verbally reported immediately upon discovery. Proposer shall submit a cost proposal and detailed scope of work for these unforeseen repairs and/or maintenance activities to the Director of Public Works/Facilities, or his designee. However, the City reserves the right to seek proposals for unforeseen services from other service providers where it may serve the City's best interest. 10

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5.1 MAINTENANCE AND RESTO TION ACTIVITES AND LOCATIONS
Service Provider will provide the following:
• Preventive Maintenance work to detect early signs of deteriorating performance and to predict potential system(s) failures. Refer to equipment Operation & Maintenance Manuals for any maintenance clarifications and recommendations. • On -call services to minimize downtime and inconvenience to building users. City desires an emergency on -site response within 4 hours upon notification. Checking in with appropriate personnel for any operational deficiencies. • Account management to coordinate the execution of these services, including scheduling of technicians, materials, and parts. All regular service must be scheduled and approved with City staff a minimum of 48 hours in advance of technicians arriving on -site.
• Account manager and vendor representatives will coordinate and participate in quarterly meetings with City staff to review system status, outstanding repairs or recommended upgrades, and schedule of regular service.
• Prior to starting work, technicians must check in with City staff to discuss any equipment or system issues and review equipment logs.
• Equipment/mechanical rooms shall be left in the same clean condition as they were prior to the commencement of work.
• Operator coaching to ensure City staff gain full utilization of the mechanical systems and assist them in identifying, verifying, and resolving problems found in executing daily tasks.
• Written Service Report for services performed detailing the purpose of the service, summarizing the work that was performed, advice on equipment condition, and suggested follow-up that is needed.
• Complete on -site service log for all major equipment. • Perform an initial assessment of the HVAC units at all City -owned facilities. • Annual preventive maintenance in accordance with a program of standard routines as determined by Service Provider's experience, equipment application, and equipment operating hours that are recommended by each equipment manufacturer and location.

Service shall be designed to optimize the reliability and efficiency of the equipment, extend the useful life of the equipment, and provide possible indications of excessive wear and damage to the maintained systems before a catastrophic failure occurs during the next operating season.
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• Provide recommendations for repairs and services that enhance equipment performance.
• Maintain indoor air quality by providing and changing air filters to minimize dust and particles from collecting in ductwork to ensure proper flow through cooling and heating coils thus preventing restrictions in airflow, leading to higher system and energy efficiency. Filters shall be physically dated when changed. The HVAC equipment is itemized in the list below. In the event the air -filter material or cleaning is required more frequently than manufacturer's recommendations, Proposer shall make recommendations to the City for approval to adjust the frequencies and any associated cost.
• Complete any required maintenance checklists, report observations to appropriate customer representative on mechanical components as well as on control and energy management units.

The list below illustrates the location and model number of the HVAC units in City facilities.

The City reserves the right to add, upgrade, or remove these units, where it may serve the City's best interest.
a. City Hall/ Police Department

EQUIPMENT TYPE ANUFACTURER
Package Un
Package Unit
Carrier
Carrier
Package Unit Carrier
Package Unit Carder
Package Unit Carrier
Package Unit
Packa+e Unit
Package Unit
Package Unit
Package Unit
Package Unit
Package Unit
Package Unit
Carrie
Daikin
Carrier
Carrier
Carrier
Carrier
Carrier
Carrier
Carrier
Carrier
Carrier
Carrier

ODEL NUMBER
48VLNC2404030TP
48FCLAO6A2A5A0A0A0
9J 48KCLA05A2A5A0A0A0A
48HCDD08A2A5A0A0G0
48KCLA06A2A5A0A0A0
48KCLA004A2A5A0A0A0
RXB18AXVJU
RXB18AXVJU
50VT-C36---50--
50VT-C48---50--
50VT-C36---50--
50VT-C36---50--
50 -C36--50--
50FCQA05A2A5A0A0A0
50 -V48---50
50TCQD12A2A5A0A0G0
48VLNC2404030TP
50FCQA05A2A5A0A0A0
48KCLA04A2A5A0A0A0
Package Uni
Heat Puma
Carrier
Carrier
12 50FCQA05A2A5A0A0A0
50VT-C30---30TP

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Package Unit
Carrier
48VLNC2404030TP
Package Unit
Carrier
48VLNC2404030TP
48KCLA04A2A5A0A0A0
Packac3e Unit
Carrier
Package Unit
Carrier
48KCLAO5A2A5A0A0A0A
Package Unit
Carrier
48HCDD08A2A5A0A0G0
Split
BDP
38MBRBQ48AA301--
Split
Daikin
N/A.

Split
Carrier
24 560A300
Split
Carrier
25HCE41AP030011
b. Public Works Maintenance Yard

EQUIPMENT TYPE

MANUFACTURER

MODEL NUMBER
Package Unit
Carrier
50VT-C36---30TP
Package Unit
Carrier
48VLNC2404030TP
Package Unit
Carrier
48VLNC2404030TP
Package Unit
Carrier
48FCGA04A2A5A0A0A0
Package Unit
Carrier
48FCLAO5A2A5A0A0A0
Package Unit
Carrier
48KCLA04A2A5A0A0A0
c. Veterans Park

EQUIPMENT TYPE

MANUFACTURER

MODEL NUMBER
Split
Carrier
FB40NP061
Split
Carrier
25HCE460A500
Split
Carrier
FB40NP061
25HCE460A500
Split
Carrier
Split
Carrier
FB4ONP061
Split
Carrier
FB4CNP048
Split
Carrier
FB4CNP048
Split
Carrier
FB4CNP048
Split
Carrier
25HCE448A500
Split
Carrier
FB4CNP061
Split
Carrier
25HCE46A500
Split
Carrier
40RUQA12T2A5A0A0A0
Split
Carrier
38AUQA080A5A0A0A0
Split
Carrier
38AUQA16A0A5A0A0A0
Split
Carrier
40RUQA12T2A5A0A0A0
Split
C
Carrier
Carrier
2 25HCE46A500
FB4CNP061
Split
13

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Spl
Split
Split
Split
Soli
Split
Carrier
Carrier
Carrier
Carrier
Carrier
Carrier
d. Neighborhood Youth Center

EQUIP ENT TYPE

MANUFACTURER
25HCE46A500
FB4CNP060
CNPVP4801A
CNPVP4821A
24 560A300
24', 560A300

MODEL NU BER
Packaged Unit
Packaged Unit
Packaged Unit
Packaged Unit
Mini Split
e. Marlow Park

EQUIPMENT TYPE
Split
Split
f. Golf Course
Carrier
Carrier
Carrier
Carrier
Carrier
48FCGA05A2A3A0A0A0
48FCGA06A2A0A0A0
48FCGA04A2A3A0A0A0
48FCGA05A2A3A0A0A0
40MAHBQ18XA3

ANUFACTURER I MODEL NUMBER
Mary -Air
rv-Air

EQUIPMENT TYPE ANUFACTURER
Split
Split
Split
g. Senior Center
Carrier
Carrier
Carrier
Carrier
AVP60HPA10NB-1000CI
AVP60HPA10NB-1000CI

MODEL NUMBER
24 560A300
CNPVP6024A
t.fa
24 } • *,560A300
CNPVP6024AL

EQUIPMENT TYPE
HP
HP
HP
HP

ANUFACTURER
Carrier
Carrier
Carrier
Carrier

ODEL NUMBER
25HCE436A310
25HCE436A310
GSZ140181LA
25HCE436A310
HP
HP
h. Ford Park
Carrier
Carrier
14 25HCE424A300
25HCE424A300

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EQUIPMENT TYPE

MANUFACTURER

MODEL NUMBER
48FCGA05A2A3A0A0A0
Packaged Unit
Packaged Unit
Carrier
Carrier

5.2 WORK PERFORMANCE AND HOURS
48FCGA05A2A3A0A0A0
The Proposer shall submit an Annual Work Schedule to the Director of Public Works/Facilities, or his designee for review and approval. The proposed work schedule shall include required operations and delineate the time frames for performance of all preventative maintenance required under the agreement.

Scheduled maintenance will typically occur during normal business hours (6:00 a.m. - 5:30 p.m.).

5.3 SERVICE AVAILABILITY
The Proposer will have trouble -call service available twenty-four hours a day, seven days a week. Response times are not to exceed the following:

A. Non -Emergency: 4 -hour response time
B. Emergency: 2 -hour response time
Time of response will start when the City calls the problem into the Proposer's designated emergency phone number. The Proposer will provide the ability to respond immediately to situations involving the health and safety of employees and/ or the public and the comfort and operational capability of any public meeting space.

5.4 TROUBLE-CALL/MAINTENANCE SERVICE
Should the City request the Proposer to make unscheduled, emergency HVAC system maintenance, the City will be responsible for labor and travel costs associated.

5.5 BILLABLE WORK
The Proposer will not send an invoice for unnecessary maintenance or maintenance that was not completed satisfactorily.

5.6 STAFFING, WORKMANSHIP, AND QUALITY LEVEL
The Proposer will provide a staffing level to perform HVAC preventative maintenance and as -needed on -call services at designated City facilities in a thorough and professional manner, so that the City is provided with reliable and high -quality HVAC maintenance at all times. The Proposer will possess and maintain a C-20 HVAC License by the State of California Licensing Board through the term of the contract. All personnel performing work under this contract will possess and maintain a state journeyman certification and be directly employed and supervised by the Proposer. Any assigned apprentice will work directly under 15

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the supervision of a qualified journeyman. The Proposer will be responsible for the skills, methods and actions of all employees and subproposers and for all work done.

5.7 TOOLS AND EQUIPMENT
The Proposer will furnish and maintain all equipment necessary for properly servicing and maintaining HVAC systems in City facilities. The City reserves the right to inspect equipment to be used to perform services under this Contract. Any equipment determined to be in poor condition must be replaced immediately, at the Proposer's expense. Failure to provide suitable equipment for carrying out all the requirements of this contract may be grounds for termination.

5.8 PARTS AND MATERIALS
The Proposer will furnish all parts and materials necessary for properly maintaining HVAC systems in City facilities. Mark-up on parts and materials may not exceed 10% of the Proposer's cost. Invoices must identify the work performed, cost of labor, parts/materials used, parts/materials cost, and parts/ materials mark-up cost.

5.9 INSPECTIONS AND REMEDIES
A City representative will perform periodic inspections of HVAC systems to ensure compliance with the Contract specifications. Inspections may be made by the City at any time to confirm that work performed meets specifications. If corrective work is required, the City will provide a written list of items and the Proposer will correct deficiencies as directed.

If deficiencies are not corrected in a timely manner, the City may perform the work using others and deduct the cost from the Proposer's payment.

5.10 DAMAGES
The Proposer will be responsible for all damages to City facilities or contents caused by Proposer, their staff, or subproposers during the performance of their duties.

5.11 SAFETY & SECURITY
The Proposer and any subproposers will follow all established safety procedures and will take special care not to endanger the public. When working indoors at a City facility, the Proposer is responsible for the security of all doors at the conclusion of work in each room.

All exterior doors shall remain locked at all times. Interior doors that are found open or unlocked will be left in the same position/condition in which they were found.

5.12 CONTRACT BONDS
The Proposer will provide to the City at the time the Contract is executed with a Faithful Performance Bond and a Labor and Materials Bond for an amount equal to the contract amount, using the bond forms provided in Appendix C. Other forms of acceptable security include letters of credit or cash deposit agreements issued by responsible financial institutions, as approved by the City Attorney. Sureties must be admitted to do business in 16

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California. Bonding is included as Base Bid Item #1 in the Bid Schedule provided in Appendix B. The Proposer may invoice the City for Base Bid Item #1 immediately after the Contract is fully executed.

VI. PROPOSAL FORMAT AND CONTENT REQUIREMENTS
The following instructions describe the form in which proposals must be submitted.

Responses to the following items will be used for proposal evaluation. Proposals that do not contain responses to each of the required items will be considered incomplete and may be rejected.

Proposal documents should provide a straightforward, concise description of the Proposer's capabilities to satisfy the requirements of this RFP. Emphasis should be on completeness, clarity of content, and conveyance of the information requested by the City. The requirements stated do not preclude a Proposer from furnishing additional reports, functions, and costs as deemed appropriate.

The proposal must contain the following elements:

1. Transmittal Letter:
a. A letter of transmittal signed by an individual authorized to bind the Proposer stating the Proposer has read and will comply with all terms and conditions of the RFP. The transmittal letter will contain, at a minimum: a) company name and address; and b) an executive summary briefly describing the Proposer's ability to perform the work requested, a history of the Proposer's background and experience providing services, and a description of the firm's understanding of the City's needs.
b. Conflict of Interest Statement: The Proposer shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of the Contract Services Agreement. Particular attention should be paid to compliance with Government Code section 1090.

2. Methodology
a. Include description of a) the approach and methodology to be taken in addressing each component in the scope of work, b) a listing of the specific tasks, milestones and deliverables required to properly perform the requested services, and c) a workplan showing proposed hours for each retainer service, availability of team members, quality assurance & supervision. 17

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b. The City will expect the selected Proposer to adhere to the established methodology and workplan.

3. Management and Staffing:

Describe the management and staffing configuration to be utilized to complete each component of the scope of work. Describe the qualifications of staff to be assigned to the City, their title, and types and amount of equivalent experience. Resumes of all proposed personnel must be included. The proposal must indicate who will have primary responsibility for the requested services. The proposal must also identify any proposed subproposers or subproposers that are integral to the proposed team.

4. Minimum Qualifications, Prior Related Experience, and References a. Proposers must demonstrate competence and capability to satisfactorily perform the scope of work. Proposers must have at least ten (10) years of experience providing HVAC maintenance services in California. Proposals that do not meet the minimum qualifications will be determined nonresponsive and ineligible for award. The Proposer must provide evidence to show that the firm and members of the Proposer's project team possess the specific minimum experience, qualifications, competence, resources, and business integrity as specified in the scope of work that are necessary to carry out the work under the contract as expected. Examples of evidence include, but are not limited to resumes, letters of reference, and project/service summaries that highlight the team's specific experience.
b. A list of at least five (5) professional references, three (3) of which shall be from a municipal or public agency. This client reference list must be included as an appendix to the proposal and must include the following information for each reference listed: a) complete description of the work/services provided, b) the time period for the work/services provided, c) the name and contact information of the client, including telephone number and/or address, and d) the key managers and professionals assigned to the work/services. The information concerning the work/services provided for each respective client must be no more than five (5) years old.

5. Cost and Pricing
a. Proposals must include the Proposal Price Sheet attached as Attachment "A." b. For as -needed non -retainer services, proposals must include staff hourly rates, 18

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plus any other proposed costs such as mark-ups, overhead, travel, etc. An hourly fee/rate schedule must be submitted with the proposal. If the scope of work is substantially modified, the extra cost or credit must be negotiated based on the submitted hourly fees/rates.

6. Additions or Exceptions:
a. A single and separate section with the heading "ADDITIONS OR EXCEPTIONS TO THE CITY'S REQUEST FOR PROPOSAL" containing a complete and detailed description of all the Proposer's exceptions to the provisions and conditions of the attached City standard Contract Services Agreement attached as Attachment "C."

7. Pending Litigation:

Include an explanation and status, if in the last five years, the firm or an office or principal of the firm has been involved in any substantiated complaints, litigation, legal proceedings, or investigations by a regulatory authority.

8. Insurance:

Evidence of commercial liability, professional liability, and workers compensation insurance coverages must be included. Insurance requirements are listed on the sample Contract Services Agreement attached as Attachment "C." VII. EVALUATION CRITERIA
The award of an agreement will be made to the most qualified Proposer(s) whose proposal complies with the prescribed requirements. The City reserves the right to reject any or all proposals and to waive any technical errors, irregularities, or discrepancies, if to do so is deemed to serve the best interests of the City. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the Proposer to whom it is proposed to make such an award.

If an agreement cannot be reached with the highest ranked Proposer, City reserves the right to terminate negotiations with that party and enter negotiations with the next highest ranked Proposer.

Proposals will be reviewed and evaluated by City staff, including the Director of Public Works/Facilities, and will be ranked based on the following criteria:

1. Comprehension of the Request for Proposals (Max Score: 15 Points) 19

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This relates to the Proposer's basic understanding of the City's requested services and Proposer's ability to articulate a concise description of the role of the requested services.

2. Qualifications of Proposer (Max Score: 45 Points)
• Experience of the Proposer
• Staffing and resources
• Qualifications and experience of proposed personnel
• Ability to provide HVAC maintenance services
• Familiarity with federal, State and regional/local agency requirements

3. Proposal Cost (Max Score: 30 Points)
This relates to Proposer's cost to provide the requested HVAC maintenance services.

4. References (Max Score: 10 Points)
This relates to the reputation and quality of past work performed by the Proposer based on municipal and other professional references.

If further clarifications or negotiations are required, on -site or virtual interviews may be conducted. Participation in these interviews will be at the expense of the Proposer. The interview panel will be made up of staff members or representatives from the City.

Recommendations will be provided to the City Council for final selection and award. Proposals failing to provide sufficient information and assurances of performance to adequately assess each category of the required services and/or failing to comply with the requirements and conditions of this RFP may not be given further consideration.

Factors such as, but not limited to, any of the following may be considered just cause to disqualify a response to the RFP without further consideration:
• Evidence of collusion, directly or indirectly, among Proposers with regard to the amount, terms, or conditions of this proposal;
• Any attempt to improperly influence any member of the selection staff or City Council members;
• Existence of any lawsuit, unresolved contractual claim or dispute between Proposer and the City;
• Evidence of incorrect information submitted as part of the RFP; • Evidence of Proposer's inability to successfully complete the responsibilities and obligations of the proposed scope of work; and
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• Proposer's default under any agreement, which results in termination of the Agreement.

Each proposal will be considered along with those of other responding Proposers, with respect to ability to perform effectively and efficiently those Scope of Work outlined in Section V, above.

The successful Proposer shall not discriminate, in any way, against any person based on race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, or any other protected classification in connection with or related to the performance of the Agreement.

Close coordination with the City is required to ensure that all requirements will be met. The City reserves the right to withdraw this RFP at any time without any prior notice. Further, the City makes no representations that any Agreement will be awarded to any Proposer responding to this RFP. The City expressly reserves the right to postpone reviewing the proposals for its own convenience and to reject any or all proposals responding to this RFP without indicating any reasons for such rejection(s).
21

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ATTACH ENT"A"

PROPOSAL PRICE SHEET
22

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PROPOSAL PRICE SHEET
Proposer to insert "INSERT TITLE OF COMPENSATION DOCUMENT" in accordance with Scope of Work and Firm's proposed fee schedule

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ATTACH ENT "B"

ACKNO EDGE ENT OF CITY'S STANDARD FOR OF AGREE ENT
24

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ACKNOWLEDGEMENT OF CITY'S STANDARD FORM OF AGREEMENT
I, the undersigned, certify that I, _[insert name] am the insert title] of [insert firm
name], the party making the proposal for award of an agreement for PUBLIC TRANSIT SERVICES ("Proposer") and, on behalf of the Proposer, hereby:

Accept City's Standard Form of Agreement — check one box. [_i As is, without qualifications or modifications.
❑ As modified by attachment. [Proposer to provide]
I certify that I am authorized to sign this Consent Form on behalf of the Proposer.

Executed this day of , 2024 at California.

Signature of Officer Printed/Typed Name of Officer
Title of Officer
25

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ATTACH ENT"C"
SA PLE CONT ` CT SERVICES AGREE ENT
26

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EXHIBIT "B"

CONTRACTOR PROPOSAL
22

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Heating, Ventilation, and
Air Conditioning (HVAC)
Maintenance Services
Presented to:

Bernardo lniguez
Director of Public Works/Facilities
City of Bell Gardens
Presented by:

Chan Onechanh
Area General Manager
ABM Building Solutions, LLC

Page 258 of 648 ends

1. Transmittal Letter 3

2. Methodology 8
3, Management and Staffing 14

4. Minimum Qualifications, Prior Related Experience, and References 18

5. Cost and Pricing 26

6. Additions or Exceptions 26

7. Pending Litigation 27

8. Insurance 28
Attachment A — Proposal Price Sheet 31
Attachment B — Acknowledgement of City's Standard Form of Agreement 34 Appendix 1 — References 35
Appendix 2 — Acknowledgement of Addendum No. 1 37

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ABM Building Solutions, LLC
Chan Oneeharuh, Area Genera Manager
14201 Franklin Ave
Tustin, CA 92780
949.3'16.1362
Chrin.Oroechanh(up,abm.com
a. A letter of transmittal signed by an individual authorized to bind the Proposer stating the Proposer has read and will comply with ail terms and conditions of the RFP- The transmittal letter will contain, at a minirnum: a) company name and address. and b) an executive summary briefly describing the Proposer's ability to perform the work requested, a history of the Proposer's background and experience providing services, and a description of the firrn's understanding of the City's needs February 4, 2025
Bernardo Vniduez
Director of Public Works! Facilities
City of Belli Gardens
8327 Garfield Avenue
Bell Gardens, CA 90201
Dear Bernardo,
ABM is pleased to submit our proposal to the City of Bell Gardens to provide preventative maintenance at various city locations. Vt/ith a steadfast commitment to quality and dependability, we are a leading provider in mechanical and facility services. We ensure the highest standards in operational safety, equipment (longevity, and energy efficiency.

Our team is equipped to offer a seamless, single -point -of -contact service model for all city facilities, delivered by our highly qualified technicians. We are dedicated to offering seamless maintenance that address each facility's unique needs, including:

Product Neutrality -- We do riot manufacture or represent products, ensuring that our recommendations are objective and based on the hest solution available from the industry.

Procurement Power — As one of the world's largest mechanical and facility services providers we have negotiated national purchasing agreements with all major manufactures of energy related equipment. These agreements assure as many dollars as possible reach the improv'emen't needs.

Reliable Sep -vice Delivery — Our preventative maintenance model is a proven approach that maximizes the lufespan and efficiency of our clients' equipment through our "white -glove" account management. Our team is dedicated to meeting service needs consistently and effectively.

Comprehensive Support and Expertise Our technicians are prepared to provide both routine maintenance and emergency repair, minimizing downtime and ensuring operational continuity for the city's facilities.

As we have with every past client, ABM will meet and exceed your expectations with our dedicated personnel, innovative processes and technology, and commitment to client satisfaction. Our entire organization stands behind this response and all of the commitments made to City of Bell Gardens.

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if there is any additional information I might provide, please don't hesitate to call or write. All of us at ABM are ready to put our solutions to work for you,
confirm that I have read and will comply with all terms and conditions of this RFP„ Sincerely,
Chan Onechanh
Area General Manager
b. Conflict of Interest Statement: The Proposer shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of the Contract Services Agreement. Particular attention should be paid to compliance with Government Code section 1090.

ABM previously completed a $2.2 mullion project in May 2022 for the City of Beil Gardens for Design Build services, HVAC replacement, LED lighting, and irrigation controllers. The City contact for the project, Rick Moreno, can be reached at 323,707,0'183,
NYSE: ABM www.abm.com

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Executive 0urittalry
Achieving Your Objectives
ABM's Preventative Maintenance objective is to ensure the City's HVAC Equipment is properly operating and we're able to provide the City with valuable insight to mitigate any issues before they arise, ABM strives to keep the occupants of buildings comfortable, and the City updated on what needs to be completed before a major issue arises,
At ABM, Technicians and Sales Leaders are consistently taking tralnings and being made aware of new laws and regulations for the state of California so we can pass down knowledge to our customers and ensure that's one Ress thing our City partners have to worry about.

Lower Operating Costs
Our nationally negotiated contracts for equipment and supplies allows City to capitalize on our purchasing power,
We know how much it costs to maintain a property's assets. We proactively manage these costs against industry and ABM best practice benchmarks.
• Transparent cost models for labor, materials, and fees • Tight financial fee structure against industry standards Ongoing analysis for continued optimization of service and spend Quality and Metrics Tracking
Our Alliance CMIviS tool provides relevant performance history and accurately record data as to the level of service performed.

This system reduces administrative dependency to input manually collected inspection data,
Alliance generates real-time reports and provides trended statistical analysis frorn which fact -based operational decisions can be determined .and affirmed.
• Customized dashboard
Regular, automated reporting
Effectively analyze and extract necessary information to maintain service performance
NYSE: ABYrrVl
ABM is a national HVAC
company with brand -
agnostic expertise and the
capacity to protect your
assets, reduce capital
expenditures, and realize
energy savings.

We provide the
commercial heating and
cooling solutions to keep
your systems running
efficiently, effectively,
safely, and sustainabiy,
so you can boost the
performance of your
facility and everyone who
works inside,
v,ww.abm.com

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Dedlicated Local Support
A single operational point of contact for the
account will ensure consistent and uniformed
collaboration as well as a dedicated focus to your
business, Agreed -upon and clearly defined key
performance indicators (KPIs) provide a dear
view of our service performance,
Quarterly client business reviews (QCtfRs) for
our strategic accounts ensure our team is
meeting performance, safety, and fiscal
requirements. We have a local branch less than
three miles from the City of Bell Gardens,
Single point of contact
Defined KPIs and QCBRs
Local support
Sustainabi!ity
Our GreenGare'' program promotes a healthier
environment for your city occupants and reduces
environmental harm. We publicly disclose our
sir.rstainabllity efforts through an annual Corporate
Sustainab'ility Report, participate in the Carbon
Disclosure Project, and actively support the
United Nations Global Compact.

Through ABM Cares, we take care of the
communities where we work. To further this goal,
we offer our management and staff employees a
matching program for charitable donations and
paid days off to volunteer.

Meet sustainability initiatives
Community involvement
NYSE. ABM
v° shy M?
Core Business
VVe are the only organization fully dedicated to
facilities maintenance. This is our core business
which allows us the ability to act as an extension
of City's team.

Self -Performance
We self -perform more services than any of our
competitors —delivering greater service quality,
safety, and compliance ----at a lower cost. This
model ensures business continuity with service
delivery back-up to our account dedicated team
from our variable technical solutions and
specialty services groups,
Support Network
ABM is the only global facilities rnanagement
organization with a fully established built-in
support network with specialty services,
technical solutions, a branch network and an on -
demand vendor management platform,
The ABM Way
Our operations playbook strengthens site
operations by forrnalizing and communicating
corporate standards that reduce liability due to
non-compliance and allow the organization to
internally benchmark best practices based on
agreed upon KPIs,
A is proud to take care of the
eople, spaces and places that are
mportant to you.
www.abm.c© m

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ABM at a Glance
A driving force for a cleaner, healthier, and more sustainable world, we provide essential services and forward -looking solutions that improve the spaces and places that matter most. From curbside to rooftop, we provide comprehensive facility services that include janitorial, engineering, parking, electrical & lighting, energy solutions, HVAC & mechanical, landscape & turf, and mission critical solutions. ABM delivers these custom facility solutions to properties across a wide range of industries — from commercial office buildings to universities, airports, hospitals, data centers, manufacturing plants and d'istr'ibution centers, entertainment venues, and more.
60 EV charging
ports installed
Over
10 stationary engineers
0050
heating and
cooling systems
maintained
+
sq. ft cleaned
each day
704+
million in parking
revenue collected
NYSE: ABM
average reduced
energy use
acres of
landscaping and turf
maintained
million sq. ft. of data
center space serviced
About Us
Founded in 1909
20,000 clients
250+ locations in US, UK,
and Canada
$8.1 billion in revenue
100,000+ team members
Purpose
To care for the people,
spaces, and places that are
important to you
Vision
To be the clear choice in
industries we serve through
engaged people
Mission
To make a difference every
person, every day
Values
Respect, Integrity,
Collaboration, Innovation,
Excellence, Trust
www.abm.com

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a,, Include description of a) the approach and methodology to be taken in addressing each component in the scope of work, b) a listing of the specific tasks, milestones„ and deliverables required to properly perform the requested services, and c) a workplan showing proposed hours for each retainer service, availability of team members, quality assurance and supervision.

ABM will be onsite quarterly to perform Preventative Maintenance on all equipment listed in the RFP.

Tustin 24/7 Service Line
Dispatch Direct Phone Number: 714-227-3755
Dispatch 24/7 Phone Number: 949-334-1559
Dispatch Email: theresa shanleyttabm.com_
4 Hour Response Time for All Requests 24 hours a day, 365 days a year, including holidays Scope of Work.

Rooftop Package Unit & Aar Handlers
Operational Maintenance
Tighter' all setscrews and wire connections
Lubricate motor and fan shaft bearings as necessary
Check refrigerant sight glass, and visually check for refrigerant leaks Check for blockage of condensate drain
Check power and control voltages
Check running amperage
Check operating temperatures and pressures
Check and adjust temperature and pressure controls
Check operation of all safety controls
Verify all panels are in place
Perform a visible inspection of unit
Remove and replace filters(Quarterly)
Date new Filters
NYSE: ABM www.abm.corn

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Annual Maintenance
• Tighten ail setscrews, and wire connections
Lubricate motor and tan shaft bearings as necessary
Check refrigerant sight glass, and visually check for refrigerant leaks Check for blockage of condensate drain
Check power and control voltages
s Check running amperage
Check operating temperatures and pressures
Check and adjust temperature and pressure controls
Check operation of all safety controls
Check condenser coils
Clean condenser coils with water
Verify all panels are in place
Perform a visible inspection of unit
Check all components for unusual noise, vibration, leaks and build up or heat • Remove & replace filters(Quarterly)
Date new Filters
Remove & replace belts yearly
Split -System Condensing Unit
Operational/Annual Maintenance
• Inspect and test electrical
Check and calibrate safety controls and limits
Check and tighten electrical connections and check contact point's Check operating voltages and currents
Check fan and motor bearings
Check bearings for end play, temperature, and wear
Check motor mounts, be tension and condition
Check fan wheels and blades for dirt accumulation, clearance, rotation, and balance Check for visible refrigerant leaks
Check temperature rise across coil
Check sub -cooling leaving condenser
NYSE: ABM www abm.com

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Check oil level in compressor as access permits and only under "full load" conditions Check crankcase heater
Check condition of coil surface and fins
Clean condenser coils with water, annually
Perform a visible inspection of unit
Check all components for unusual noise, vibration, leaks and build up or heat AC
CITY OF BELL GARDENS HVACMAINTENANCE _ SCHEDULE
Feb 25 March 25' April 2S May25'
M Pec es Motice toPmceed %
hied .—
ule Kickoff Me f ,, 1CttY Personreel %
bU zatientSchedule FlnaU zatlan X
anager Meatiagwkh City Per3amral
a a
agcy Mecfln tyPersonnel
IAaett Cl zma3
anacerrtaattnawnhcltvae�o N
Schedule will Repeat Yearly Based an Above Schedule
Schedule will adjust based on Contract Award Date
u ly25' f Au
bar 25'lJan
2B']Febma
NYSE: ABM www.abm.com

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According to the American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE), the number one way for a facility to sustain energy savings is through a structured maintenance program.

By implementing a proactive program, City can ensure projected annual energy savings and protect the integrity of the assets Installed. ABM can train City's staff on new systems to ensure all equipment remains operating at optimum performance. As your staffs comfort level and knowledge of the new systems increase, the potential exists for all maintenance .to be brought back in-house and additional savings to be recognized.

We understand the importance of irnplernenting a program that protects the integrity of your budget, Our aim is to influence all costs associated with owning and operating facilities, including capital, maintenance, energy, and labor. Our program reflects all cost requirements and all funding sources to rnalke a complete solution economically viable,
by ongoing support is important to us, and meaningful to City Protects your capital
investment
Promotes environmental
control and budget integrity
Maintains system reliability
and Indoor Air Quality (IAQ)
Monitors and records
maintenance tasks
Sustains reduced energy
consumption
Handles changes in
regulations and codes
Minirnizes downtime
Reduces emergency
maintenance
Specializes maintenance
functions
Establishes best practices
NYSE: ABM www,abm.com

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rn
Standards of Performance
ARM has developed Standards of Performance that ensure you receive consistent quality work, delivered safely. We urffl comply with the most recent issue of the design and construction standards listed below, patkxartal Safety and Health Administration (OSHA) regulations (20 CFR 1010 for Genoai industry and 29 CFR :19"2G for Construction Industry)
FR 10, Occupalionai Safety, and Health Standards
FR 435, Energy Conservation Voluntary Perforrnantx Standards for Commercial and Multi -Family Higrr Rose Residential Buildings
29 CF_R 1926, Safely and Hetisl`;f Ftc-
American National Standards Irustitate
(ANSI)
Architectural Banners: Act Accessihil'ity
Standard (ABAAS)
National Elec:trti O Manufarrturers
Association (NFMA)
National Deis c Code (NEC); National
Ele trc Safety Code (NESC), National
Fire Piotecton Association (NFPA)
Standards
International Electrical Testing Association
(NETA)
BICSI 568
s for Construction
American; Society or Heating, Refrigeration,
and Air -Conditioning Engineers (ASHRAE):

ASHRAE 62, ASHRAE 55; ASHRAE 90.1
Illurninaliny Engineeirrig Society of North
America
tion of Vortical
Bor'ohnles for Closed Loop System tir
C OMAR 26.02
High Performance and Sustainable Building
Guide
International Building Code (OBC);
International Plumbing Ccxie (IPCC);
International Modianirc! Code (IMO)
Underwriters Laboratory (UL)
U.S. Courts, United States
Courts Design Guide
U.S. Courts, Courthouse Design Reference
Manual
GSA CAD Standards
GSA Order PBS 3490.1 Management of Sensitive but Unclassified (SBU) building information PBS P-100 Facililios Standards for the Public Buildings Service Public Buildings Service Operations and Maintenance Standards NYSE: ABM www.abm.corn

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Associations nd Certifications
Your dedicated ABM team actively participates in the following associations and certifications:
• American Society of Heating, Refrigeration, and Air - Conditioning Engineers (ASHRAE)
• ASHRAE Technical Committee 6.7 Solar Energy Utilization Member and program chair in ASHRAE Technical
Committee 2.8 Building Environmental impacts and
Sustainability
United States Green Building Council (USGBC)
Association of Energy Engineers (AEE)
National Society of Professional Engineers (NSPE)
National Association of Energy Service Companies
(NAESCO)
Department of Energy Super ESPC Lust (DOE)
• American Solar Energy Society (ASES)
▪ International Solar Energy Society (ISES)
• American Society of Mechanical Engineers (ASME)
▪ American Society of Civil Engineers (ASCE)
Project Management (institute (PMI)
• Zero Net Energy Alliance (ZNE)
ISNetworid certification (IISN)
National Fire Protection Association (NFPA) 70E and 70B training and certification
Infrared Thermography Levels I & II training and certification (IRI and IRO)
National Institute for Certification in Engineering Technologies (NICET) NAESCO

AMERICAN
s LA

ENERGY SOCIETY
ABM is an InterNational Electrical Testing Association (NETA) accredited company averaging $80 million in annual revenues in electrical power systems. ABM Electrical Power Solutions is a founding member of NETA, established in 1972 to ensure the integrity of third -party electrical testing and certification. NETA is the standards developing organization for the American National Standards Institute (ANSI) and certifies member companies and their technicians and is the highest accreditation possible in the industry. b. The CO will expect the selected Proposer to adhere to the established methodology and workplan..

Agreed.

NYSE: ABM
'A. n _om

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anagement and Sta
ing
Describe the management and staffing configuration to be utilized to complete each component of the scope of work, Describe the qualifications of staff to be assigned to the City, their tilde, and types and amount of equivalent experience, Resumes of all proposed personnel must be included, The proposal must indicate who will have primary responsibility for the requested services. The proposal must also identify any proposed sub proposers or sub proposers that are integral to the proposed team_
Organizatoonal Chart
NYSE; ABM
www.abrmconi

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Key Personnel
Kory Reeves - Vice President, West Region
25+ Years of Industry Experience
Kory started with ABM in 2018 as a General Manager and recently was promoted to Vice President of the West Region. He is experienced with establishing and executing strategic and tactical mechanical HVAC core projects and services, He is experienced implementing effective sales strategies for maintenance and projects sales. Before coming to ABM, Kory had advanced from Applications Engineer in 1995 to Branch Service Manager in 2004 with Johnson Controls. Kory has been selected as ABM Contractor of the Year in 2019 and 2021, in addition to be part of the President's Club in 2020,
Chan Onechanh — General Manager
2 Years of industry Experience
Chan has two years of industry experience. He came from a Sports and Entertainment background, where he spent over twenty years in Public Assembly Facilities in various management and leadership roles. Most recently as the VP Of Facilities for Hollywood Park and Sofi Stadium before joining ATS. Chan's responsibilities in ATS include leadership and management of the Finance, Sales, and Operations teams in Southern California. He is responsible for meeting financial budgets, reaching profit goals, and regional growth.

Jim Bernard — Area Sales Director, Southern California
20 Years of Industry Experience
Jim has a background in the construction industry including stints in the Integration, Financial Technology, and Building Automation industries. He has held positions in business development and sales leadership. Jim is an active member of IFMA and very involved in the construction community in Southern California. Jim's sales focus and solution selling approach is an asset, helping ABM grow in the Southern California market. He is focused on the LA and San Diego markets for Core Services including solutions projects, HVAC bundling and EV maintenance.

NYSE: ABM www.abrn.corn

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Judith Bejines — Service Manager
28 Years of industry Experience in HVAC and Building
Automation. Bachelors degree in business management, LEED Certified.

Judy is responsible for leading the HVAC Service Mechanical Business. Planning, coordinating, and supervising HVAC Mechanical personnel, subcontractors and vendors ensuring they complete work on time and within budget. Judy redeems operating unit gross profit objectives through leadership and management of staff while executing and meeting service and project contractual commitments to customers.

Katarina Lindemann — Business Development Manager
8 Years of industry Experience In HVAC and Building
Automation.

Katarina is responsible for driving new business at ABM and creating strong, trusted relationships with existing customers. Katarina will be conducting the Quarterly Account Manager Meetings with City personnel to review Completed Reports, Updates or
Recommendations and any issues or changes that the City would like to address. Katarina is in charge of ensuring all information brought forth in meetings is relayed to the team and updates/requests are completed in a timely manner.

Torn Simpson/Local 250
18 Years of Industry Experience
Tom Simpson is a skilled Field Supervisor with over 18 years of experience, currently working at ABM Building Solutions, LLC since 2004. In his role, Tom oversees HVAC maintenance and provides essential technical support, ensuring quality service delivery across both maintenance and projects. He is responsible for training technicians, particularly on specialized accounts, enhancing their technical skills and expertise. Additionally, Tom collaborates with Business Development Managers to craft client -specific recommendations and assists clients in budgeting and prioritizing projects, helping them achieve their operational goals effectively.

NYSE: ABM www.abm.com

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Eduardo Palomino/Local 250
20 Years of Industry Experience
Eduardo Palomino is a seasoned Field Supervisor, HVAC Foreman Technician, and Safety Coordinator with over 20 years of experience in the industry. ACM and ABB Drive certified, Eduardo has been with ABM Building Solutions, LLC since 2008. His responsibilities include overseeing HVAC maintenance, providing technical support, and offering strong jobsite leadership. He is adept at troubleshooting, repairing, maintaining, and installing HVAC equipment, ensuring that projects are executed safely and efficiently. His technical certifications and extensive experience make him a valuable asset to iris team and clients.

Troy Harper/Local 250
8 Years of Industry Experience
Troy Harper is a skillful Journeyman, with over 8 of experience in the industry. ACM and ABB Drive certified, Troy has been with ABM Building Solutions, LLC since 2017 and turned out in 2022. His responsibilities include performing HVAC maintenance at ABM's top customer sites. He is skilled at finding and quickly addressing issues.

Troy is quick to provide insight and is a great communicator with customers and his team.

NYSE: ABM www.abm.com

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f www.abm.com

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Licenses, Perlrnits, and Certifications
California State License oard #976012
Expiration Date: 8/31/2026
Classification
C20
B.

C-4
C-61 r` D62
C36
C38
C - j
Air Heating, Ventilating} aridAir-Conditioning
al Building
oiler, Hot Water Heating and Steam Fitting
Air and Water Balancing
Plumbing
Refrigeration
1 ow Voltage Systems
CIO Electrical
C43 Sheet Metal
C-61 / D65 } Weatl erization and Energy Conservation
Operational Service Concept
ABM's approach to performing the scope of services is based on the development of a customized plan designed specifically to the requirements of City, ABM will self -perform as much of the operations and maintenance work as possible with an internal workforce to the extent that it is cost-effective and efficient.

For services outside of our core business, ABM will utilize a formal selection process to assure that the most experienced, cost-effective, and reliable subcontractors are utilized.

Defined Operations and Maintenance Protocols
During the transition phase, ABM provides the client with complete project specific operations and maintenance protocols outlining process and procedures for the care and handling of systems, including:
ax
Standard operating procedures (SOPs)
Preventive and predictive nru
Staff stills and requirements
Activity schedules, etc.
tenance checklists
These are based on the manufacturers' Operations and Maintenance manuals and then tailored to meet the site's specific needs. Protocols are written for all aspects of the systems including mechanical and electrical components, special interior finishes and systems, and building controls as applicable. Having a sound basis in operational documentation ensures no gaps exist in the transition from construction to operation.

NYSE: ABM www.abm.com

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E r�
Preventive s tenance Program
ABM offers preventive .maintenance and repairs for City's healing, air conditioning, and eiectricai power needs. Our program has the following offerings and benefits:
• Emergency 2417 service & repairs included in guaranteed plans Fully customized plans for your facility & your business Transparent reporting & responsive communications through multi - platform apps
Refrigerant Management & expert training ensure compliance & workplace safety
• indoor Air Quality Testing helps maintain healthy, productive environments for your people
Monitoring & Recording Maintenance Tasks
Ongoing Operations and Maintenance
Upon the completion of setting up the preventive maintenance program, our team assumes operational control. To ensure the proper level of maintenance, we assign each component a criticality factor to ensure the right things get done first. Service (Levels and Corrective Action Resolution,
Preventive maintenance (PM) is defined as the practice of performing maintenance and / or repairs prior to failure. Reactive maintenance (RM) is the practice of repairing equipment in response to a failure (which includes work that could not be predicted and scheduled).

ABM's goal is to perform a hybrid of a Reliability centered maintenance (RCM) program that is the most cost efficient and viable for our client - partner. RCM is a tool used to:
• Focus on the maintenance practices for critical 'sterns Reduce unscheduled downtime
Eliminate unreliable parts
Create effective operating strategies
NYSE: ABM
The Benefits of
Preventive
Maintenance
Saves oney
Prevents costly repairs
• Saves in utility costs
Reduces operating
costs
Saves Energy
Maximizes efficiency
Improves system
reliability
Reduces energy use &
expenses
Happy Employees
• Supports healthy,
productive & safe
environments
• Helps avoid costly
work disruptions
Addresses issues
before they become
urgent
ore aintenance,
Less epilacements
Increases equipment
lifespan
Reduces risk of
catastrophic failure
Reduces need for
costly emergency
repairs
www.abm.com

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Team i
Please refer to Section 3 of this proposal for team resumes.

NYSE: ABM www.abm.cam

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March I , 21319
Letters of Reference
Claremont Unified School District
Inspiring Students cif Today, Lcaaim ofTomorrow!
Wear San Jose Avenue. Qsreracet. CA 91711 •S2a5
) 394-0609 rat. 70fo 1 FAX (9091621.0180
lam It
target Deemer, FAD
ilsaulfadailiaaati
Mary La( eme, Pnigidend
aeti. Magee ay CtiAba. Vie haskhem
Mem Treace Cleceed, (reek
Aawm Ueaysa Metretpat
three! S. Nemec, Knobs,
Lisa Shoemaker, Ars4tent Su pMntendaot
tastier Sonic -es
To Whom It May Concern'
Ores the lam few years, I bane had the pleasure of westing with ABM Building Solutions' local Southern California team an a district -wide energy efficiency upgrade project for the Claremont Unified School Dintric.

When the District began pursuing an cmgy efficiency pc** it bad many "balls in the air" vo to speak. We had a onto& amount of Piopvaition 39 fiaxls available to es, had recently passed a General Obligation Band, and were strvggfMg with more costs aseociated with aging facilities these fund available, even eta considering all funding unreel. 7tae ABM team took great care m listening as tae and our facilities team, and worked with us to develop a prujcct that would address both typical priorities and unique requirements, and reatinsin the utilization of our available funding worms.
initially, the project wu a way to replace inefficiart lighting in all elm.' schools, However, after several discussions, the ABM teen fled= investigated our facilities and determined that ie addition to replacing lighting, we could replace a sigtifiant atmpbetr of air conditiontag units at both Clarmsrnot High School and El Roble Intermediate School. ABM handled all of the Prop 39 gut application process on our behalf, and applied fat the Southern California Edison rebates as well, significantly reducing the administrative btarelco which so often accompanies Ow, types of projects. ABM also took care of all of the permitting requirements for the Division of State Architect
Once ABM was obit to determine expecosod utility savings resulting from upgrades, we found that we could add a new air-conditioning system at the ('faremool High School gymnasium utilizing savings over time as well, This particular project was very appealing to the District u we have been tumble to hold large menu in the gym duritna warm months sa it bas never been air cosditiceed.

The ABM team kept the District informed of project status throughout the eosins p conuantly edging nature of public school campuses, and made every effort to mineral whenever possible. We were able to rely on designated individuals to respond to inquiries u project went smoothly overall. I highly recommend westing with ABM, and believe that they can msximlte the benefits of soy project you wish so undertake.

Please Its) free to convect me with any qucc ioes you may have.

Simard
Lisa Shoernake r
Assistant Superintendent, Business Services
Claremont Unified School District
NYSE: ABM
www.abm.com

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November 13, 2020
1700 W. Fifth St,
San Bernardino, CA 92411
909-179-7100
w w omn trens.org
This letters to attest to ABM Building Solutions level of service, technical expertise and professionalism to Omrutrans over the past four years.

ABM Building Solutions level of service has been highly commendable They have very time y response in meeting our facilities HVAC preventive maintenance emergencies Moreover, the service technicians ere quite competent, well trained and have demonstrated that they may be counted on to accurately assess troubl oot, and r it a myriad of HVAC•retated '- .. _ throughout our facilities ABM Building Sottrt'rons service icians have very familiar with our infrastructure x. hence have b 'experts' on our systems. ABM Budding Solutions employees interact well with our staff displaying a first-class commitment to profe ' lism and «''omer .» -w. la from the many expert service technicians to the company's account manager, the el of professionalism has been above reproach We have consistently received high quality workmanship from this company and can without reservation highly recommend them to provide HVAC services to any municipal federal, or state facility. ly
Mark Montgomery,
Facility Manager
Omnitrans
NYSE: ABM wv✓w.abm.com

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September 15. 2021
om It May Concern:

Asa Commercial Property Manager, it is imperative to work with a responsive, pro- active industry 1 der like ABM Building Solutions. I have had a successful and long relationship with ABM, The coat ° y° pnovides excellent preventative maintenance services, as well as emergency re. I contract with them on multiple commercial buildings. they provide a comprehensive service package, which includes large equipment for major services like MRI, CT & Mammogram, and small ancillary split units for smaller needs. 1 utilize their tcarn for major repairs and emergencies.

It is always a pleasure wonting with the scheduling and billing de ants, The various technicians are a pleasure to work with as well, The knowledge, experience 8:
professionality of ABM is unsurpassed.

ABM Building Solutions will continue to be my service company.

Danielle Wood
Property Manager
PM Real Estate Services
NYSE: ABM www.abm,com

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Project/Service Summaries
h. A list of at least five (5) professional refearen three (3) of which shall be from a municipal or public agency. This client reference list must ho included as an appendix to the proposal and roust include the following information for each reference listed a) complete description of the work/services provided_ b) the time period for the work/services provided, c) the name and contact information of the client, including telephone number and/or address, and d) the key managers and professionals lned to the wo�rkiserviceas. The information concerning work/dorvieoes provided for assigned
each respective client must be r more than five (5) years old_ Please see Appendix 1 for a list of professional references.

NYSE: ABM

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r
a. Proposals must include the Proposal Price Sheet attached as Attachment "A." b. For as -needed non -retainer services, proposals must include staff hourly rates, plus any other proposed costs such as mark-ups, overhead, travel, etc, An hourly fee/rate schedule must be submitted with the proposal. If the scope of work is substantially modified, the extra cost or credit must be negotiated based on the submitted hourly fees/rates.

Please see Attachment A for the complete Proposal Price Sheet. a A single and separate section with the heading "ADDITIONS OR EXCEPTIONS TO THE CITY'S REQUEST FOR PROPOSAL" containing a complete and detailed description of all the Proposers exceptions to the provisions and conditions of the attached City standard Contract Services Agreement attached as Attachment 'C.'
No additional recommendations.

NYSE: ABM www.abm.com

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7. Fencing itigation
Include an explanation and status, if in the last five years, the firm or an office or principal of the firm has been involved in any substantiated complaints, litigation, legal proceedings, or investigations by a regulatory authority.

Litigation Disclosure
ABM and its subsidiaries employ more than 100,000 employees across the U.S., the U.K., Canada, and Puerto Rico, As such, at any given time, ABM is involved in numerous litigation matters, dealing primarily with billing or employment issues. These matters are handled in the normal course of (business by legal and risk management professionals employed by ABM. Even Marge (litigation matters invoivina millions of dollars would not impact ABM's ability to provide timely services to the City of Bell Gardens. Should you require further information. ABM will certainly provide more detailed information upon request.

NYSE: ABM www.abm.corn

Page 284 of 648 ends

Evidence of commercial liability, professional liability, and workers' compensation insurance coverages must be included. Insurance requirements are listed on the sample Contract Services Agreement attached as Attachment '1C.'"

AC GRIJ CERTIFICATE OF LIABILITY INSURANCE
23/20

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S}, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If th0 ovrU6cats holder le an ADDITIONAL INSURED, the policyQss) must have ADDITIONAL INSURED Provisions or be endorsed.

H SUBROGATION IS WAIVED, subject to the terms and 60ndi110ne of the p0Ttcy, certain policies may require an endorsement. A statement on tN 0ertigcate does not confer 'Inlets to the certificate holder In lieu of such endorsanaent(s)..

PR
0013is t war4 Watson southeast, Inc.
0/0 26 0025000 Blvd
P.O. Boo 305191
Na410111a, 001 332305191 Oak

INSURED
NESS 14ta9 soiut>aas, L1.C
n RPM Iad.attles Incospotatel Company
4151 Ashford Oownenl0 Road, *,,150 600
Atlanta, 0A 30314
.0
A
Cat6201ca9e *200.0
277-&45-T37a NIO Na): 1-800-467-2378
YeataCO. CIaA
INSUR q., ,aS AFFORDING COVERAGE mac
__..

A 0. ACE Awiican E ian0a Company i 22667
.. m.. .6.v
y L Carualty InInsurance=Company 1 0006999 0011.01.05 inauran0a Company 0£ North Amaral 43575 ... ... - _ .. .. R 6. p: AI0 $pe Laity Sevueanca Company 25989 URER E: Aa,ezzm_^ flrawAaaucanca Company 19380
9462
COVERAGES CERTIFICATE NUMBER: 8359 948 61 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POI-1CIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT DR OTHER DOCUMENT SETH RESPECT TO WHICH THI5 CERTIFICATE MAY SE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN. IS SUBJECT TO ALL THE TERMS.

EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. x
N411PANCE ACd14 �5 5�' P4DCT hAtPd4:'.

NERAL BALMS,
E X 000110
A X $1,000,000 San
k IMO
GEN1 AGGREGATE OMIT APPLES PER,
x�
.1'1BR
AUTOMOBILELL48R.RY

X ANT AUTO
x 4YNED SCHEDULED

AUTOS ONLY AUTOS

FIRED MOROVICED
� . . AUTOS ONLY X AUTOS ONLY
X
00019.2 LIAR y,' 0001111
CFS34Aa GIMM E
p X RETENTIONS
MEI, 040449159
ISA 611374311
1i POU V, Pr'WM%'p..J'Sn
11/01/2024 11/01/2025
EA200568 E
RENTED
PREMISES Beatm..4.9 I S
'
MEOW IA0a one parson, 5

PERSONAL S ADV INJURY

GENERAL AGGREGATE
PRODUCTS m COMPRIPA
11/01/2024 11/01/2025
COISUiUEU SINGLE LI 11
E
BODILY INJURY (Poi 40000]
0003L0 INJURY (Psi .00000); S
PR41L5 _ 00,/10/80
2,040,000
2,000,000
Excluded
2,000,000
6,000,000
2,000,000
000,0
040 0279/0966 010
01/2024 11/01/20
UR
10,000,000
0,000,000.

LOYERSLIA&0TY YIN
YPROPRIETOWp0RIMERIEXECUTVE Ntpa fAI,
yyenx 0 I.5501 EKCLUC£Di
DESCRIPT OKOPERATON0ndun
Romero Mortara CCOpenaat ton
IIM-Statettety/CA-EIN SIR
- $500X SIR
BLS 072624904
4 X STATUTE tlR 4
1/01/2024 11/01/2025EU EACH.ACCIDENT 5
E L. DISEASE -EA EMPLOYEE] 0
E USEASE • POLICY LIMIT S
/2
l 11/0
3,400,000

1.404,440
14000 !.@1,000,000
lenses-nol Liatt 91,000,000
Iona Each ,*711 41,000,000
OE400PTION OF OPERATIONS I LOCATIONS / VEHICLES 4ASOR0101, Aeb,1000 Remarks & hedak, pry da aOathM 0 mdt moo h re90atd) ANY PROPRIETOR/YAATHER/EXECUTIVE/ OFFICER/MEMBER are lnoludad under Excaa$ Workers Compensation policy OHM 072624762

ACE TT XI

CERTIFICATE
O
DER

CANCELLATION
ABtt Industries En00rpor*ted
4151 Am5£Ord 31100004$ Pond &mate 600
Atlanta, OA 34319
ACORO 20I2015103}
NYSE: ABM

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL YE ❑ELIVF0FII IN ACCORDANCE WITH THE POLICY PROVISIONS.

The ACORO name and logo are registered marks of ACORO
aP In: 26633087 cam: 3677501
www.abm.com

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Bell Gardens City CouncilOctober 13, 2025

Bell Gardens City Council
October 13, 2025