Agenda packet — Bell Gardens City Council, October 13, 2025 (part 4 of 5)

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. [RESERVED — No Text]
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 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. 7

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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.

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.

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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.

A. To the fullest extent permitted by law, CONTRACTOR hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless CITY and CITY's elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of CONTRACTOR or any of CONTRACTOR's officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement and the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by CONTRACTOR and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law or elsewhere under this Agreement. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against any one or more of the Indemnitees shall be conclusive in favor of the Indemnitees' right to recover under this indemnity provision.

CONTRACTOR shall pay Indemnitees for any attorney's fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is 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 9

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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 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, 10

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and keep in full force and effect, insurance as follows:

1. General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than One Million Dollars ($1,000,000) per occurrence, and in the general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.

2. Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned, or rented vehicles, in an amount not less than One Million Dollars ($1,000,000) combined single limit for each accident.

3. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance (with limits of at least One Million Dollars ($1,000,000)).

4. Umbrella or excess liability insurance. CONTRACTOR shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions:
a. A drop -down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer;
b. "Pay on behalf of" wording as opposed to "reimbursement"; and c. Concurrency of effective dates with primary policies.

Should CONTRACTOR obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer's liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.

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:VI I 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 11

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Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONTRACTOR'S expense, the premium thereon.

E. Prior to commencement of Work under this Agreement, CONTRACTOR shall file with CITY's Risk Manager a certificate or certificates of insurance showing that the insurance policies are in effect and satisfy the required amounts and specifications required pursuant to this Agreement.

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

G. The general liability and automobile policies of insurance shall contain an endorsement naming CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns as additional insureds. All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days' prior written notice to CITY.

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

H. 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.

I. All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR, and CONTRACTOR's employees, agents, subcontractors, or volunteers from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers. CONTRACTOR shall submit to CITY a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers.

J. 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 12

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indemnify, hold harmless and defend under Section 14 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.

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 13

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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:

Within three (3) business days of CITY's issuance of a Default Notice for any failure of CONTRACTOR to timely provide CITY or CITY's employees or agents with any information and/or written reports, documentation or work product which CONTRACTOR is obligated to provide to CITY or CITY's employees or agents under this Agreement.

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

If an Event of Default relates to a material falsehood or misrepresentation 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.

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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 performance (hereinafter, a "Suspension Notice"). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default.

Upon such suspension, CONTRACTOR shall be compensated only for those services and tasks which have been rendered by CONTRACTOR to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY shall operate to prohibit or otherwise restrict CITY's ability to suspend this Agreement as provided herein.

4. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

5. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.

In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:

Upon written notice to CONTRACTOR, the CITY may immediately terminate this Agreement in whole or in part;
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 15

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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 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: If to CONTRACTOR:

City of BeII Gardens
7100 S. Garfield Avenue
BeII Gardens, CA 90201
Attn: Elizabeth Nava, Director of
Recreation and Community Services
Phone: 562-806-7700
PLS Productions
Arturo Adorno
1726 W. 54th Street
Los Angeles, CA 90062
Phone: 323-854-1698
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. 16

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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 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. SEVERABILITY. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

SECTION 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 PLS PRODUCTIONS
corporation
By: By:

Michael B. O'Kelly
City Manager Name:

Date: Title:

Date:

APPROVED AS TO FORM:

By:

Stephanie Vasquez
City Attorney
Date:
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EXHIBIT "A"

CITY RFP
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REQUEST FOR PROPOSALS
FOR

STAGE AND SOUND PRODUCTION FOR CITYWIDE EVENTS
RFP Release Date
September 25, 2025
Proposal Submittal Deadline
October 8, 2025 5:00 p.m.

Contact Person:

Elizabeth Nava, Director of Recreation
and Community Services
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
Direct: 562-806-7650
email: [email protected]
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 10
VI. PROPOSAL FORMAT AND CONTENT REQUIREMENTS 32
VII. EVALUATION CRITERIA 35
VII. ATTACHMENTS:

Attachment A — Sample Contract Services Agreement

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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 is seeking proposals from qualified Contractors with proven expertise to provide stage and sound production for citywide events throughout the year. The required services and conditions are described in the Scope of Work.

It is the intent of the City to select a single Contractor to provide the requested services; however, the City reserves the right to select one or more Contractors to provide the required services. The City reserves the right to accept or reject any or all proposals 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 an 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, it would be awarded to the contractor that presents an optimal balance of relevant experience, cost, quality of service, work history, and other factors which the City may consider relevant and important in determining which proposal is best for the City. The contractor must hold a valid business license to perform all the services.

Additionally, the City may, for any reason, decide to cancel the award of any agreement based on this RFP. The City reserves the right to cancel this RFP. There is no City obligation to respond to any responses submitted, nor would the City be legally bound in any manner by the submission of the response. The City reserves the right to negotiate services and associated costs.

The term of the Contract Services Agreement will be for three (3) years with up to two (2) optional one-year extensions.
. SUBMITTAL PROCEDURES/DEAD
An electronic version of the proposal shall be emailed to cityclerkdesk(a�bellgardens.orq no later than 5:00 p.m. on October 8, 2025. The electronic version of the proposal must read "City of Bell Gardens Stage and Sound Production for Citywide Events Proposal." 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.
3

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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 Elizabeth Nava, Director of Recreation and Community Services, at enava(a�bellcardens.orq. The deadline for written questions and inquiries is October 1, 2025, at 5:00 p.m. City Hall is open Monday through Thursday from 7:30 a.m. to 6:00 p.m.

All times posted in Pacific Standard Time (PST).
.SCHEDULE
The tentative schedule* for this RFP is as follows:

Release of RFP
Thursday, September 25, 2025
Deadline for Questions
Wednesday, October 1, 2025 at 5:00 p.m.

Proposal Due Date
Wednesday, October 8, 2025 at 5:00 p.m.
**City Council Recommendation of Award
Monday, October 13, 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 https://www.bellgardens.orq/i-want-to/view-bids-rfps/rfps-and-bids . ** Proposer must be available on Monday, October 13, 2025, in -person or virtually, for a possible presentation to the City Council.

V. 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 Agreement: An agreement between the City and the selected Contractor to furnish professional services over a designated period.

C. Contractor: The bidder, contractor, 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, Contractors and agents, any subcontractors or suppliers 4

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listed in the Proposer's proposal, and any individual or entity who has been requested by the Proposer to contact the City on the Proposer's 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 Contract Services Agreement 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 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. 5

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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.

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. City Representative and Communication
Elizabeth Nava, Director of Recreation and Community Services, is the designated "City Representative" for this RFP. Proposers must only communicate with the City Representative 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 City Representative, may be grounds for disqualification.

The City shall not be responsible for any verbal communication between any employee of the City and any proposed Contractor 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 6

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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 a Contract Services Agreement is awarded, the award will be to the Contractor or Contractors 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 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 a Contract Services 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. 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 Contract Services Agreement, the City reserves the right to negotiate a Contract 7

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Services Agreement with more than one Contractor.

K. 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 Contractors. The City also reserves the right to investigate the qualifications of the proposed Contractor(s) as it deems appropriate.

L. Award of Contract Services Agreement
Upon conclusion of the RFP process, the Staff will recommend a proposer to the City Council.

The successful Proposer will be required to enter into a Contract Services Agreement with the City. A copy of the City's Contract Services Agreement is attached and incorporated as Attachment "A" as a sample for proposers to review the terms and conditions prior to submitting a proposal. The proposal process, agreement negotiations and execution, and subsequent actions will be conducted by the City in accordance with applicable law.

Proposers should carefully review this document, which constitutes the formal RFP, to ensure a clear understanding of the City's needs and objectives and scope of work. The sample Contract Service Agreement (Attachment "A") is not to be completed by proposers.

3. Records and Audits
The Contractor shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to the Contract 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 the Contract Services Agreement unless permission to destroy them is granted by the City.

4. Labor Compliance
The selected Contractor 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.

SCOPE OF WORK
Contractor will be required to perform and complete the proposed services in a thorough and professional manner, by providing all labor, tools, equipment, materials and supplies necessary to complete all work in a timely manner, in a way that will meet all the City's requirements.
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Contractor shall be responsible for providing staffing and necessary gear to set up, maintain and break down equipment. Contractor shall further coordinate with entertainment groups to ensure proper plot plans are developed.

Proposal Price Sheet Line Item Costs:

The selected contractor will work directly with City event staff to coordinate the logistics required by each event. The Proposal Price Sheet shall include, but not be limited to, the following items:
o Provide cost estimates for LED screens.
o Provide cost estimates for various stage sizes appropriate for outdoor events. o Provide cost estimates for onsite sound, video, BLUE RAY DVD player, lighting and stage production and management.
o Provide cost estimates for additional special effects such as fog machines, sparkle machines.
o Provide cost estimates for lighting, power, power distribution box and backdrop equipment.

Annual Events:

The City requires services for the following events every year:
• Event: Independence Day Event (Starting in 2026)
o 16x10 LED Screen I Stage size: 32x20x4 w/Truss and ramp I Stage Lighting Sound Equipment I Engineer/Operator
• Event: 4 Concerts at the Park (Starting in 2026)
o Stage Lighting I Sound Equipment I Engineer/Operator
• Event: 4 Movies at the Park (Starting in 2026)
o 16x10 LED Screen w/Truss I BLUE RAY DVD player I Sound Equipment Engineer/Operator
• Event: El Grito of Independence (Starting in 2026)
o 16x10 LED Screen I Stage size: 32x20x4 w/Truss and ramp I Stage Lighting Sound Equipment I Engineer/Operator
• Event: Halloween/Dia de los Muertos
o For 2025 only: 16x10 LED Screen: Stage size: 32x20x4 w/Truss and ramp Stage Lighting I Sound Equipment I Engineer/Operator
• Event: Tree Lighting Ceremony
o Stage Lighting I Sound Equipment I Engineer/Operator
The above list is not inclusive of all potential events. The City may require Proposer to provide additional services from those specified on the Proposal Price Sheet. 9 I
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PROPOSAL FORMAT AND CONTENT RE
REMENT
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 Contractor'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 Contractor 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.
b. The City will expect the selected Contractor to adhere to the established methodology and workplan.
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3. Manacement 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 subcontractors or subcontractors 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 five (5) years of experience providing the required 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.

5. Cost and Pricinc:
a. Proposals must include a Proposal Price Sheet.

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 Contractor's exceptions to the provisions and conditions of the attached City standard Contract Services Agreement attached as Attachment "A."

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. 11

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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 "A." VII. EVALUATION CRITERIA
The award of a Contract Services Agreement will be made to the most qualified Contractor(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 Contractor to whom it is proposed to make such an award.

If a Contract Services 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.

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 Contractors 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 Contractor and the City;
• Evidence of incorrect information submitted as part of the RFP; • Evidence of Contractor's inability to successfully complete the responsibilities and obligations of the proposed scope of work; and
• Contractor's default under any agreement, which results in termination of the 12

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Contract Services Agreement.

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

The successful Contractor 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 Contract Services 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 Contract Services Agreement will be awarded to any Contractor 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).

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ATTACHMENT "A"

SAMPLE CONTRACT SERVICES AGREEMENT

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2025

CONTRACT SERVICES AGREEMENT
(Contractor: 4
(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 (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 requires qualified and experienced
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 A reement was approved by the Bell Gardens City Council at its Regular Meeting of WV
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions hereincontained, CITY and CONTRACTOR agree as follows:

SECTION 1. SCOPE OF WORK.

A. Subject to the terms and conditions of this Agreement, CONTRACTOR agrees to ttititititititititititititttttttttttttttttttttttttttttttttttttttttts . The various tasks and related services to be performed by CONTRACTOR are more specifically described in the CITY's 3 t{ ' Y" (hereinafter the "CITY RFP") dated
10/ the written proposal of CONTRACTOR entitled
(hereinafter, the "CONTRACTOR PROPOSAL").

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 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 provide CITY

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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.

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.

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.

This Agreement shall have a term of I O years commencing from the Effective Date through , (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 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.

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.

D. CONTRACTOR shall not claim or be entitled to receive any compensation or 2

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damage because of the failure of CONTRACTOR, or its subcontractors, to have related services or tasks completed in a timely manner.

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

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

SECTION 3. PROSECUTION OF WORK.

CONTRACTOR shall perform the Work contemplatedunder 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 asks have been authorized by the City Representative.

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.

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.

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

CONTRACTOR's total compensation durin the Term of this Agreement shall not exceed the annual sum of I) (hereinafter, the
3

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"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:

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 Housing and Urban Development;
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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 California.
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SECTION 6. REPRESENTATIVES.

A. City Representative. For the purposes of this Agreement, the contract administrator and CITY's representative shall be \ n\
(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 Re resentative. For the purposes of this Agreement, VNANI NO, 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.

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. 6

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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 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:
n accordance with California Labor Code Section 1810, eight (8) hours of labor n 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 7

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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 toexecute 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 CONTRACTOR knowingly fails to comply with the provisions of California Labor Code Section 1777.5, civil penalties will be assessed. CONTRACTOR shall also 8

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be subject to California Labor Code Section 1777.1.

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

CONTRACTOR is advised of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code and shall comply 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 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. 9

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SECTION 11. INDEPENDENT CONTRACTOR.

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.

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.

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.

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 10

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contention by any third party that an employer -employee relationship exists by reason of this Agreement.

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.

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 11

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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.

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.

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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.

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. General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.

3. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance (with limits of at least One Million Dollars ($1,000,000)).

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b. "Pay on behalf of" wording as opposed to "reimbursement"; and c. Concurrency of effective dates with primary policies.

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.

I. All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR, and CONTRACTOR's employees, agents, subcontractors, or 14

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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. CONTRACTOR shall submit to CITY a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers.

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 14 of this Agreement.

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 17. TERMINATION.

B. Termination for Cause. In the event either Party fails to perform any duty, 15

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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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Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 30 -day cure period.

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.

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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 Agreemen

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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(b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing.

If to CITY: If to CONTRACTOR:

City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: INSERT DEPARTMENT
Phone: 562-806-7700
Attn:

Phone:

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.

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 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.

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upon the construction or interpretation of any provision herein.

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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. O'Kelly
City Manager
Date:

APPROVED AS TO FORM:

By:

Stephanie Vasquez
City Attorney
Date:
21 By:

Name:

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EXHIBIT "A"

CITY RFP
22

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EXHIBIT "B"

CONTRACTOR PROPOSAL
23

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EXHIBIT "B"

CONTRACTOR PROPOSAL
20

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PLS Productions
1726 W 54th Street
Los Angeles, CA 90062
a [email protected]
(323) 854-1698
October 7, 2025
City Of Bell Gardens
7100 Garfield Ave.

Bell Gardens, CA 90201

PRODUCTIONS
Subject: City of Bell Gardens Stage and Sound Production for Citywide Events Proposal.

Dear City of Bell Gardens and Council members
I am pleased to submit our proposal for Stage and Sound Production for Citywide Events in response to your request for proposals. This submission outlines our recommended approach, project plan, and pricing structure.

With over 25 years of experience in the production service industry, over 18 years working with different cities in LA County, and 10 years with the City of Bell Gardens Recreation Department, we have a strong history of successfully delivering high -quality results that align with the goals and timelines of our clients, including your city. Our team is committed to ensuring efficiency, transparency, safety, and measurable value throughout all your events.

Please find the enclosed proposal for your review. 1 would be glad to discuss any aspects in more detail and explore how our team can best serve the City of Bell Gardens and all its staff members.

Thank you for considering our proposal. We look forward to the opportunity for continued collaboration with the City of Bell Gardens.

I, Arturo Adorno, owner/partner of PLS Productions, have read and will comply with all terms and conditions of the City of Bell Gardens RFP
Sincerely,
Arturo Adorno
Owner / Partner
PLS Productions

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Methodology
Based on the City of Be11 Gardens RFP from the scope of work section, here is a detailed recommended approach for each listed event.
• Independence Day Event (Starting in 2026)
. 16'L X 10'H LED Screen to be hung on the back of the ground support truss. Playback station with various types of connectors to play back videos with sound and connect other devices.

2. Stage 32' L X 20'D X 4'H with disability access ramp, skirt, one set of stairs and safety rails.

3. 30' X 30' X 24'H Ground support truss with black mesh for shade. Lighting, Sound, and LED wall will also be hung from this ground support.

4. Lighting: 8 pieces of conventional stage lighting, LED Par 64 to illuminate stage performers. / 12 Moving heads for a concert ambience effect plus 2 fog machines.

5. Sound system: Ground stack 4 subwoofers and 8 Line Array flown sound system for the main audience up to 2000 attendees, including down fillers. 32 Channel digital console. Full Stage monitor system for live performers with up to 6 separate mixes. Direct boxes, various microphones, including drum microphones, as well as 2 lines of wireless microphones, and all types of connectors for live performers and instruments. Playback station for recorded audio, and all types of connectors to be able to connect to different types of devices, including via Bluetooth.

6. Engineers: Sound, lighting, and video engineers are to be present during the event, as well as during the setup of all the equipment, to make sure the equipment is installed correctly in the desired area.

7. Load -in and installation can be done a day or two prior to the date of the event to maximize time and efficiency, as well as to allow city staff to install any decorations and have everything ready as early as possible on the date of the event for any rehearsals, practice and band set-ups that might need to take place prior to the main event. Please allow up to five hours to break down and load out after the end of the event. However, all set-up times and pick-up times can always be adjusted to accommodate city requirements, goals, and timelines.
• 4 Concerts at the park (Starting in 2026)

1. Sound system: Ground stack 2 subwoofers, 4 concert tops for the main audience up to 500 attendees. 32 -channel digital console. Stage monitor system for live performers with up to 4 separate mixes. Direct boxes, various microphones, including drum microphones, as well as 2 lines of wireless microphones, and all types of connectors for live performers and instruments. Play a playback station for recorded audio, and all types of connectors to be able to connect to different types of devices, including via Bluetooth.

2. Lighting: 4 pieces of conventional stage lighting, LED Par 64 to illuminate stage performers. / 4 Moving heads for a concert ambience effect.

3. Engineers: Sound and lighting engineers are to be present during the event, as well as during the setup of all the equipment, to make sure the equipment is installed correctly in the desired area.

4. Load -in and installation must be done at least 4 hours prior to event to maximize time and efficiency, as well as to allow city staff to install any decorations and have everything ready

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as early as possible on the date of the event for any rehearsals, practice, and band setups that might need to take place prior to the main event. Please allow up to 3 hours to break down and load out after the end of the event. However, all set-up times and pick-up times can always be adjusted to accommodate city requirements, goals, and timelines. • 4 Movies at the park (starting in 2026)

1. LED screen 16'L X 10'H with full playback system including B1u-ray DVD Player.

2. Truss Goal. Post to hang LED Screen 20'H X 20'L. With a Black skirt to cover installation cables and add a clean, professional look.

3. Sound system: 2 subwoofers, 4 concert tops for the main audience, up to 500 attendees.

4. Engineers: Sound and video engineers are to be present during the event, as well as during the setup of all the equipment, to make sure the equipment is installed correctly in the desired area.

5. Load -in and installation must be done at least 4 hours prior to the event to maximize time and efficiency, as well as to allow city staff to install any decorations and have everything ready as early as possible on the date of the event for any rehearsals and practice that might need to take place prior to the main event. Please allow up to 3 hours to break down and load out after the end of the event. However, all set-up times and pick-up times can always be adjusted to accommodate city requirements, goals, and timelines. • El Grito of Independence (starting 2026)

1. 16'L X 10'H LED Screen to be hung on the back of the ground support truss. Playback station with various types of connectors to play back videos with sound and connect other devices.

2. Stage 32' L X 20'D X 4'H with disability access ramp, skirt, one set of stairs, and safety rails.

3. 30' X 30' X 24'H Ground support truss with black mesh for shade. Lighting, Sound, and LED wall will also be hung from this ground support.

4. Lighting: 8 pieces of conventional stage lighting, LED Par 64 to illuminate stage performers. / 12 Moving heads for a concert ambience effect. Plus 2 fog machines.

5. Sound system: Ground stack 4 subwoofers and 8 Line Array Hawn sound system for the main audience up to 2000 attendees, including down fillers. 32 -channel digital console, full - stage monitor system for live performers with up to 6 separate mixes. Direct boxes, various microphones, including drum microphones, as well as 2 lines of wireless microphones, and all types of connectors for hive performers and instruments. Playback station for recorded audio, and all types of connectors to be able to connect to different types of devices, including via Bluetooth.

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pick-up times can always be adjusted to accommodate city requirements, goals, and timelines.
• Halloween / Dia De Los Muertos (for 2025 Only)

1. LED screen 16'L X 10'H with full playback system.

2. Truss Goal Post 30'H X 20'L. To hang LED Screen and moving heads lighting.

3. Stage 32' L X 20'D X 4'H with disability access ramp, skirt, one set of stairs, and safety rails.

4. Lighting: 8 pieces of conventional stage lighting, LED Par 64 to illuminate stage performers. / 12 Moving heads for a concert ambience effect. Plus 2 fog machines.

5. Sound system: Ground stack 4 subwoofers and an 8 Line Array ground stack sound system for the main audience up to 2000 attendees, including down fillers. 32 -channel digital console, full -stage monitor system for live performers with up to 6 separate mixes. Direct boxes, various microphones, including drum microphones, as well as 2 lines of wireless microphones, and all types of connectors for live performers and instruments. Playback station for recorded audio, and all types of connectors to be able to connect to different types of devices, including via Bluetooth.

7. Load -in and installation can be done a day or two prior to the date of the event or 8 hours prior to event to maximize time and efficiency, as well as to allow city staff to install any decorations and have everything ready as early as possible on the date of the event for any rehearsals, practice and band set-ups that might need to take place prior to the main event.

Please allow up to five hours to break down and load out after the end of the event. However, all set-up times and pick-up times can always be adjusted to accommodate city requirements, goals, and timelines.
• Tree Lighting Ceremony
Lighting: 8 pieces of conventional stage lighting, LED Par 64.

2. Mid -size sound system for up to 200 attendees. Including monitors for refrence. 2 Lines of wireless mics. 32 -channel digital console.

3. Engineers: Sound and lighting engineers are to be present during the event, as well as during the setup of all the equipment, to make sure the equipment is installed correctly in the desired area.

4. Load -in and installation must be done at least 4 hours prior to the event to maximize time and efficiency, as well as to allow city staff to install any decorations and have everything ready as early as possible on the date of the event for any rehearsals and practice that might need to take place prior to the main event. Please allow up to 3 hours to break down and load out after the end of the event. However, all set-up times and pick-up times can always be adjusted to accommodate city requirements, goals, and timelines.

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Management and staffing
Management and Staffing Plan

1. Overview
PLS Productions will provide a qualified and experienced project team to manage and execute all components of the City's requested services. Our management approach ensures clear lines of communication, accountability, and quality control at every stage of the project.

The team will be led by an Art Adorno, who will have overall responsibility for project coordination, performance, and communication with the City. Supporting the Project Manager will be specialized technical and administrative staff assigned to each major component of the scope of work.

An organizational chart illustrating reporting relationships is provided below.

Project Manager: Art Adorno
• Primary responsibilities:

Provides overall project oversight primary liaison with City staff: manages schedule, budget, and deliverables.
• Relevant Experience:
25 years of experience in the production service industry and management.

Assistant Manager: Rene Adorno Jr.
• Primary responsibilities :

Responsible for managing the overall crew for loading, setting up, breaking down, and picking up to comply with time frames.

Sound Technician: Art Adorno
• Primary responsibilities :

Responsible for the delivery of the desired sound pressure for the audience, as well as for on- stage performers. Making sure the sound is up to the guidelines of the venue or event. • Relevant experience :

Sound Technician since 1998, with 2 years of sound school at Hubbard College from 1996 to 1998. Worked at numerous events, from small to large public events. Such as the Fiesta Broadway. Coachella festivals. Famsa Stores events, Feria De Los Moles, La Quelaguetza Festival, La Curacao anual events, and many corporate events for private companies such as Univision, Telemundo, La Que Buena radio, to name a few. More than 20 years working with different cities in the county of Los Angeles and experience working with union staff. Fluent in English in Spanish for a better communication with others.

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Lighting and Video Engineer : Rene Adorno Jr.
• Primary responsibilities :

Responsible for the design, a lighting show that suits the event's perspective. Making sure that all the Lighting fixtures and special effects, such as smog machines and cold Sparkles, are working properly as desired or as designed by the client or Show manager. Managing the LED panels and the LED to be working properly in accessible to other engineers that might need access to them. • Relevant experience :

Lighting engineer since 2001. Has been working with programming, set up, and show designs for many different festivals, concerts, political events, and corporate events. Experience with different types of software, as well as lighting, consoles, and the newest lighting fixtures, as well as LED panels. Fluent in English and Spanish for a best communication with others.

Power technician : Rene Adorno Sr.
• Primary responsibilities :

Responsible for connecting to the correct power source, including physical buildings, power boxes, power distribution racks, and power generators of any size. • Relevant Experience :

More than 30 years of experience connecting power to physical buildings or any other source of power related to sound, lighting, and entertainment production.

Minimum Qualifications, Prior Related Experience, and References Firm Qualifications
PLS Productions is a California -based full -service production company specializing in sound, lighting, staging, and AV solutions for live concerts, festivals, and corporate events. Established in early 2000, PLS Productions has over 25 years of continuous experience delivering professional event production services throughout California.

Our team meets and exceeds the City's minimum qualification requirement of five (5) years of relevant experience providing similar services. PLS Productions is fully licensed and insured, and has built a reputation for reliability, safety, and creative technical design in both public and private event settings.

We have successfully supported events ranging from small-scale community concerts and cultural celebrations to multi -day conferences and corporate product launches. Our staff are experienced in working within municipal guidelines, permitting requirements, and union or venue -specific protocols.

Prior Related Experience

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PLS Productions has extensive experience providing comprehensive sound, lighting, staging, and Video solutions for a variety of clients across California. The following examples demonstrate our ability to deliver high -quality, technically precise, and safely executed events that align with the City's scope of work.

1. City of Bell Gardens — Summer Concert Series and Bigger evens (2015-2025) • Provided full sound reinforcement, stage lighting design, Video production, and engineering services for their bi-weekly outdoor summer concert events. As well as many small events and ceremonies, and their 2 biggest events 4th of July laser show event and El Grito Independence Fiestas Patrias Event.
• Managed all technical coordination with performers and City staff. • Successfully delivered consistent quality and safety under tight setup and teardown schedules.

2. City of Bell Gardens Movie Nights at The Park Series (2021-2025) • Designed and executed a complete audio-visual production for their bi-weekly movie night at the park, including an LED wall, projection, and sound support. • Managed all technical coordination with City staff.

3. City of Huntington Park Summer Concert Series (2019 - 2025) • Supplied portable stage, lighting rig, full sound system, and video production for multiple outdoor performance locations.
• Managed all technical coordination with performers and City staff. • Coordinated load-in/load-out and managed on -site technical crew operations. • Successfully delivered consistent quality and safety during setup and teardown schedules.

4. Feria De Los Moles in Downtown Los Angeles (2024 & 2025) • Provided full sound reinforcement, stage lighting design, Video production, and engineering services for their yearly 2 -day outdoor festival, for more than 2000 attendees. • Managed multiple setups for live bands and all technical coordination with performers and Folklorico Dancers on a fast -paced two-day event.
• Successfully delivered consistent quality and safety under tight setup and teardown schedules.

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5. Dia De Los Muertos Park Lawn Cemetery (November 2024 • Provided, designed, and executed complete audio-visual production, stage, live sound reinforcement, and engineering services for their yearly festival. • Managed multiple setups for live bands and all technical coordination with performers and Folklorico Dancers.
• Successfully delivered consistent quality and safety under tight setup and teardown schedules.

6. Night Under The Stars, Roosevelt Memorial Park (November 2024 • Provided, designed, and executed complete audio-visual production and engineering services for their annual awards event.
• Coordinated load-in/load-out and managed on -site technical crew operations in an enclosed hotel venue, providing a more professional and corporate look to the event. • Successfully delivered consistent quality and safety during setup and teardown schedules.

7. Fiesta Broadway Downtown Los Angeles (2017 - 2019)
• Provided full sound reinforcement, stage lighting design, Video production, and engineering services for their annual outdoor festival, for more than 5000 attendees. • Managed multiple setups for live bands and all technical coordination with performers and Folklorico Dancers on a fast -paced event.
• Successfully delivered consistent quality and safety under tight setup and teardown schedules.
• Successfully delivered consistent quality and safety following all mandatory city guidelines and schedules.

8. Curacao Award Ceremony at Quiet Cannon Event Center (January 2024 & 2025) • Provided full sound reinforcement, stage lighting design, Video production, and engineering services for their annual award ceremony, for more than 1000 attendees. • Managed multiple setups for live bands and all technical coordination with performers and Folklorico Dancers on a fast -paced event.
• Successfully delivered consistent quality and safety under tight setup and teardown schedule.

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Key Team Qualifications
PLS Productions project team includes experienced professionals specializing in live event production, sound engineering, video production, lighting design, and stage management.

Together, they bring over 30 combined years of experience producing events throughout California.
• Art Adorno — Production Manager (Primary Contact)
25 years of experience managing live event production and technical operations for municipal and private clients. Responsible for project oversight, scheduling, and safety compliance.
• Art Adorno — Lead Audio Engineer,
10 years of experience in live sound mixing, stage audio design, and system optimization.

Highly skilled and experienced in audio system design and deployment. • Rene Adorno Jr. — Lighting Director, Designer, and Engineer, 23 years of experience in event lighting design and programming for concerts, theater, and corporate events. Proficient in DMX and intelligent lighting control systems.

References

1. City of Bell Gardens — Recreation & Community Services Department Contact: Oscar Flores, Recreation Coordinator
Phone: (562) 806-7656 I Email: [email protected]

2. City of Huntington Park - Parks & Recreation Department Contact: Adilene Santos, Recreation Coordinator
Phone: (323) 584-6218 I Email: [email protected]

3. Maram Events, LLC
Contact: Pedro Ramos, Executive Director
Phone: (323) 630-1061

4. Roosevelt Memorial Park
Contact: Javier Fernandez, Vice President of Cemetery Operations Phone: (310) 329-1113 I Email: [email protected]

5. City International LLC
Contact: Jose Solos, President
Phone: (310) 486-9330 I Email: titanepro@hotmaiLcom

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Summary
PLS Productions. possesses the experience, technical expertise, and organizational capacity to meet the City's requirements and successfully perform all aspects of the scope of work. Our proven record of delivering safe, professional, and high -quality event production services demonstrates our ability to meet and exceed client expectations. PLS Productions has worked closely with City of Bell Gardens staff over the last 10 years and is in tune with the needs of the City, Recreation Department, and the community attending events Proposal Price Sheet
PLS Productions
Proposal Price Sheet
For: City of Be11 Gardens Stage and Sound Production for Citywide Events.

Date: October 7, 2025
Event Packages Pricing
• Independence Day Event Package (Starting 2026) $16,000 • Concerts at the park Package (starting 2026) Price per event $1,700 • Movies at the park Package (Starting 2026) Price per event $2,900 • El Grito of Independence Package (Starting 2026) $16,000 • Halloween / Dia De Los Muertos Package (For 2025 only) $9,500 • Tree Lighting Ceremony Package (For 2025) $1,200
Itemize items.

JBL VRX 932LA 12" Line array mid & high tops array flown audio (price per speaker)
2400 watts 21" powered subwoofer (price per
speaker)
Yorkville ES21P
Midas M32 Live 32 Channel digital sound console
Midas M32C
32 Channel digital rack mount sound console
Behringer ;X32- 32 Channel digital sound console
Playback Station
Station to playback sound tracks various
connections and interfaces

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EV 12
Mackie Thump 15
Crown Amp Racks
Ampeg 10 X 8
Ampeg Power Head
Ampeg 18"
Tama Rock Star
Tama Swing Star
Sure Drum, kit mic
package
Mic Package
12" Powered stage monitor
15" Powered stage monitor
Ampifiers for sound systems and speakers

BACK LINE
Bass monitor cabinet 10 X 8
Power amplifier for Ampeg 10 X 8
Amplified bass monitor with 18" woofer
8 -piece drum set with symbols
8 -piece drum set with symbols
Complete Mic Package for 8 piece drum set
Wired microphones, Sure SM56 for vocals,
percussion, instruments, and microphone stands.

Wireless Microphones
Accue Lighting Legend
19R
AMDJ Vixi Beam 7R
LED Par 64
Fog Machines
Sparkle machines
Ground Support Truss
Ground Support Truss
Ground Support Truss
Ground Support Truss
Raisable Goal Post
Truss
Static Goal Post Truss
Sure / Senheiser (price per line)

LIGHTING & SPECIAL EFFECTS
360 Moving heads stage concert lights
1 360 Moving heads stage concert lights 1
Conventional stage lighting for smooth wash of 1
color
Fog Machines 1
Sparkle machine + 1 dicharge 1

TRUSSING
40'X40' Square 24'H with black mesh. 1
30'X30' Square 24'H with black mesh. 1
30'X20' Square 24'H with black mesh. 1
20'X20' Square 24'H with black mesh. 1
Available Sizes: 20'L X 15'H / 30'L X 15'H / 40'L X 1
15'H
Available Sizes: 20'L X 10'H / 30'L X 10'H 1
$100
$120
$650
$350
$220
$150
$650
$550.
$200
$450
$150
$150
$150
$30
$100.
$200
$7,000
$6,000
$5,000
$4,000
$2,800
$1,500

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20'X 20 Black Mesh
Tarp
30'X40' black Mesh
Tarp
Black mesh tarp for shade or backdrop fire
fireproof certified
Black mesh tarp for shade or backdrop fire
fireproof certified
1 $200
1 $300
40'X 40 Black Mesh Black mesh tarp for shade or backdrop fire 1 $400 Tarp fireproof certified
16' Circular Truss 20" X20" X 16' Diameter Circular Truss 1 $1,600 12" X12" X 10' Diameter Circular Truss
10' Circular Truss 1 $1,200
General Truss Upright trusses and designs available upon request
32'LX20'DX4'H with
Disability ramp

STAGING
Stage with Skirt, 1 set of stairs, and safety rails. 1 $3,300 32'LX20'DX4'H Stage with Skirt, 1 set of stairs, and safety rails. 1 $2,500 28'LX20'DX4' Stage with Skirt, 1 set of stairs, and safety rails. 1 $2,000

LED WALL DISPLAYS
LED Wall Panels 3'x1.5' Panel 1 $90
Prices will vary depending on the size of the
display. PRICE PER PANEL
Display Processor Display Processor 1 $120
Video nPlayback A station to connect various devices such as DVD 1 $250 players, computers, cameras, and video
switchers.

Station
70 KW Power
Generator
POWER
Power generator with camlock and 50 amp
connectors. 10 Hrs continue running time. Fuel,
Delivery, and pick up are included.
3000 Watts Generator Portable gas generator
Distro Rack
Cable Ramps
DJ Booth
Power distro rack with camlock or 50 amp in
connectors. Camlock out and multiple 20 -amp
Edison connections.
3 -line cable ramp covers

EXTRA ITEMS
DJ Facade with 32" TV display
1 $980
1 $150
1 $300
1 $10
1 $150

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LED Dance Floor
Sound Engineer,
Monitors Sound
Engineer
Dancing Robot
45 minutes dancing robot in a colorful costume to
cheer the crowd
1 $650
multicolor dance floor 20'x20'
Photo Booth with printable and digital photos to
take home. On -site assistant. Prices will vary
depending on the customer's needs and designs.
as well as the length of time.

SERVICES AND ENGINEERING
6Hour Shift Contract
6 Hour Shift Contract
Stage Manager 4 Hour Shift Contract
Lighting Design
Engineer & Operator
6 Hour Shift Contract
Video Engineer &
Operator
Production Crew and
Staff
6 Hour Shift Con ac
4 Hour Shift Contract
$2,100
Please note that itemized prices are for individual rentals or additions to existing contracts.

Prices may change or even be lower when they become part of a package. Please feel free to call me directly to assist in putting together a package that is tailored to the specifics of your event or needs in order to maximize customers' budgets and lower the cost.

Insurance
Proof of insurance, an endorsement will be provided per event, more specifically, a week before each event, as we have done in previous events with the City of Be11 Gardens, to keep a good track and record of all insured events.

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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO:

FROM:

BY:

SUBJECT:

Honorable Mayor and City Council Members
Michael O'Kelly, City Manager
Daisy Gomez, City Clerk
Local Commissions Appointment List
MEETING DATE:

October 13, 2025
RECOMMENDATION:

It is staff's recommendation that the City Council review the Commissions Appointments List and by motion, remove commissioners and/or make appointments to the posted vacancies.

BACKGROUND / DISCUSSION:

The Local Appointments List includes all Bell Gardens Commissions and Commissioners. The City Council adopted Ordinance No. 825 on July 13, 2009 establishing minimum requirements for service on commissions. All Commissioners must reside within the City of Bell Gardens and may only serve on one Commission at a time. Once appointed, each Commissioner must adhere to the requirements of the City's Conflict of Interest Code and state -mandated AB 1234 ethics training and AB 1661 harassment training.

Ordinance No. 825 allows each Council Member to remove or appoint one candidate per Commission, subject to the approval of the Council majority. Appointed Commission Members serve terms that coincide with the term of the Council Member who made the appointment.

CONCLUSION:

After an appointment is made, Commission members will receive their Oath of Office before beginning service with their respective Commission at the next regularly scheduled Commission meeting. The City Clerk's Office will arrange for the proper filing of Conflict of Interest Code forms and schedule trainings for AB 1234 and AB 1661.

FISCAL IMPACT:

No fiscal impact.

ELECTRONICALLY APPROVED BY:

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

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CITY OF BELL GARDENS

NOTICE OF COMMISSION VACANCIES

AND ACTIVE COMMISSIONERS
The City Council is seeking applications for the following vacancies:

NAME

APPOINTED BY

VACANCY APPOINTMENT
POSTED
DATE
Ereni de la Paz
inda Judith Lopez
Crystal Jimenez
Juan Manuel Rojas
iquel Maravilla
VACANT
Carlos Jose Barrera
Kenneth Preciado
VACANT
6/2025
cen
9/22/2025
4/28/2025
1/13/2025
1/27/2025
1/13/2025
1/13/2024
Katelvnn Cabrera
Ainslee Preciado
Chavez
De La Rosa
4/28/2025
2/24/2025
VACANT
Guillen
202
Carmen Vargas
Sanchez
7/22/2024
Ana Maria Sanchez Flores
Barcena
Chavez
/9/2023
Marra Teresa Yanez
Karina Garcia
De La Rosa
4/28/2025
5/12/2025
VACANT
Stephanie Perez
David Heredia
Edgar Juvenal Lopez Bustillos
Gustavo Mendez
Samuel Perez
VACANT
Guillen
Sanchez
1/23/2023
/9/2023
4/28/2025
4/14/2025
2/24/2025
Applicants must be residents of the City. No person previously convicted of a felony in this state or elsewhere shall be permitted to serve on any City Commission. Before assuming the duties of a commissioner, each person appointed shall take and file with the City Clerk the same constitutional oath of office required of members of the city council. Any member of a commission shall be deemed to have resigned from the commission, and his or her office as a member of the commission shall automatically vacated, in the event, the member ceases to be a resident of the City or is convicted of a felony. (Bell Gardens Municipal Code Sections 2.68.030, 2.28.030, 2.22.030, 2.35.030) Applications may be obtained from the City Clerk's Office: 7100 Garfield Ave, Bell Gardens, CA 90201. Applications will be accepted in the City Clerk's Office on a continuous basis until an appointment is made. Please call the City Clerk's Office at (562) 806-7705 or email [email protected] for more information.

Daisy Gomez, City Clerk
Updated: 10/9/2025

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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 Contract Services Agreement with West Coast Arborists, Inc. for Citywide Tree 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 Contract Services Agreement with West Coast Arborists, Inc. ("WCA") for Citywide Tree Maintenance Services, in a form approved by the City Attorney.

BACKGROUND/DISCUSSION:

The Public Works Department is responsible for the oversight and maintenance of an urban forest consisting of 4,215 trees spread within the City of BeII Gardens' ("City") boundaries. The tree maintenance program encompasses a range of services, including grid pruning, removal and planting of trees, inventory system management, watering, and other arboriculture related services. Additionally, emergency tree trimming and as - needed tree removal services are part of the City's tree maintenance activities. These services are currently provided by a private tree maintenance contractor.

On August 12, 2025, the City released a Request for Proposals ("RFP") inviting service providers to submit proposals to provide tree maintenance services within the City's right- of-way, parks and facilities. On August 20, 2025, the City issued Addendum No. 1 to include a mandatory pre -proposal meeting. On August 26, 2025, the City issued Addendum No. 2 to respond to questions and include a second mandatory pre -proposal meeting. On August 29, 2025, the City issued Addendum No. 3 to provide additional details on the scope of work.

On September 4, 2025, the City received proposals from five (5) proposers as listed below in alphabetical order:
• Golden West Arbor Services, Inc.
• Great Scott Tree Care
• North Star Land Care
• United Pacific Services, Inc.
• West Coast Arborists, Inc.

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The proposal submitted by Great Scott Tree Care was deemed nonresponsive since it did not attend any of the mandatory pre -proposal meetings.

The responsive proposals were reviewed and rated based on their completeness in response to the following evaluation criteria outlined in the RFP:
• Experience in providing similar services with other public agencies; • Proposed staff experience with services requested in the RFP; • Understanding of the work to be performed;
• References; and
• Fee proposal.

On September 11, 2025, a panel consisting of Public Works staff conducted interviews with all responsive proposers to further assess their qualifications. The table below illustrates the rank and scores of the proposers after interviews, from the highest ranked to the lowest ranked proposer:

Rank
Firm Name
Score
1 West Coast Arborists, Inc.
89 2
United Pacific Services, Inc.
85 3
North Star Land Care
75 4
Golden West Arbor Services, Inc.
60 N/A
Great Scott Tree Care

NONRESPONSIVE
After the interviews were completed, the City and the highest -rated firm began negotiations to finalize pricing terms. Although contracts for maintenance services need not be awarded to the lowest responsible proposer, cost may be considered as a factor.

The table below illustrates a comparison of the costs provided by the responsive proposers, from the highest ranked to the lowest ranked proposer:

Rank
Firm Name
Annual Cost
1 West Coast Arborists, Inc.
$337,719.00
2 United Pacific Services, Inc.
$324,152.00
3 North Star Land Care
$354,255.00
4 Golden West Arbor Services, Inc.
$634,605.00
In determining a recommendation, staff emphasizes that expertise, project approach, qualifications, and costs are important factors to consider. West Coast Arborists, Inc.'s proposal demonstrated that their firm understands the City's demands and requirements and they have developed a solid reputation for providing outstanding services.

CONCLUSION:

Based on West Coast Arborists, Inc.'s proposal rating, staff is recommending that the City Council award West Coast Arborists, Inc. a three-year Contract Services Agreement, effective as of October 13, 2025, with two optional one-year extensions, for an annual amount not -to -exceed $337,719 to provide citywide tree maintenance services.

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FISCAL IMPACT:

The annual Contract Services Agreement cost is $337,719, which will be split between two fiscal years. The current FY 25/26 budget includes $235,000 from the General Fund for tree maintenance services. An additional $102,719 from the General Fund will be programmed in the FY 26/27 budget.

ATTACHMENTS:

Exhibit 1 — Resolution No. 2025-XX
Exhibit 2 — Contract Services Agreement with Exhibits
APPROVALS:

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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RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING A CONTRACT SERVICES

AGREEMENT BY AND BETWEEN THE CITY OF BELL GARDENS AND
WEST COAST ARBORISTS, INC. FOR CITYWIDE TREE

MAINTENANCE SERVICES
WHEREAS, the City of Bell Gardens ("City") oversees the maintenance of an urban forest consisting of 4,215 trees spread within the City's boundaries; and WHEREAS, as part of its maintenance operations, the City addresses its tree maintenance services through a Contract Services Agreement; and WHEREAS, in accordance with Bell Gardens Municipal Code Section 3.04.105, on August 12, 2025, the City released a Request for Proposals for Citywide Tree Maintenance Services ("RFP"); and
WHEREAS, on August 20, 2025, the City released Addendum No. 1 to the RFP to include a mandatory pre -proposal meeting; and
WHEREAS, on August 26, 2025, the City released Addendum No. 2 to the RFP to respond to questions and include a second mandatory pre -proposal meeting; and WHEREAS, on August 29, 2025, the City released Addendum No. 3 to the RFP to provide additional details on the scope of work; and WHEREAS, a comprehensive review and interview process was conducted of the responsive proposals by City staff using the evaluation criteria specified in the RFP for such responsive proposals; and
WHEREAS, City staff determined that West Coast Arborists, Inc. is the most qualified firm to perform such contracted services by virtue of its experience, training, licenses, and expertise; and
WHEREAS, the City desires to enter into a Contract Services Agreement with West Coast Arborists, Inc. for Citywide Tree Maintenance Services.

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

SECTION 1. The City Council, after consideration of the staff report and presentation, discussion, oral testimony and evidence presented to the City Council, hereby finds that the above recitals are true and correct and incorporate them herein.

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Resolution No. 2025-XX
SECTION 2. The City Council hereby approves a Contract Services Agreement for Citywide Tree Maintenance Services by and between the City and West Coast Arborists, Inc. in an annual amount not -to -exceed sum of $337,719 for an initial three- year term, with an optional two (2) one (1) -year extensions, in a form approved by the City Attorney.

SECTION 3. The City Council further authorizes the City Manager to execute the Contract Services Agreement between the City and West Coast Arborists, Inc., consistent with this Resolution, along with any ancillary documents reasonably necessary to effectuate the intent of 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-XX
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 September 22, 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

CONTRACT SERVICES AGREEMENT
(Contractor: West Coast Arborists, Inc.)
(Nature of Engagement: Citywide Tree Maintenance Services) 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 WEST COAST ARBORISTS, INC. (hereinafter, "CONTRACTOR"). For the purposes of this Agreement, CITY and CONTRACTOR may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or CONTRACTOR interchangeably.

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 qualified and experienced citywide tree 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 September 22, 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 with citywide tree 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 Citywide Tree Maintenance Services" (hereinafter the "CITY RFP") dated August 12, 2025, and the written proposal of CONTRACTOR entitled "City of Bell Gardens RFP for Citywide Tree Maintenance Services" (hereinafter, the "CONTRACTOR PROPOSAL") dated September 3, 2025. The CITY RFP and the CONTRACTOR PROPOSAL are attached and incorporated hereto as Exhibit "A" and "B" respectively.

Additionally, while performing work of any type, CONTRACTOR shall inspect for any obvious hazards related to trees, including hardscape, uplifted sidewalk segments, broken, separated or cracked sidewalks, or damaged curbs and gutters, damaged tree wells, root intrusions, protruding roots, or any other issue in the immediate or adjacent area of the tree that may be a trip hazard. All hazardous situations shall be corrected or promptly reported to CITY. Any defective or weakened trees shall be reported to the City Representative.

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B. 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 provisions of this Agreement shall govern and control but only to the extent of the conflict or inconsistency and no further.

A. 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.

B. 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.

C. 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.

SECTION 2. TERM.

A. This Agreement shall have a term of three (3) years commencing as of October 12, 2025 (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. 2

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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.

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. 3

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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 THREE HUNDRED THIRTY-SEVEN THOUSAND SEVEN HUNDRED NINETEEN DOLLARS ($337,719) (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.

SECTION 5. STANDARD OF CARE.

C. 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;

3. CONTRACTOR shall perform all work in a manner reasonably satisfactory 4

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to the CITY;

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;

D. 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 5

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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 Bernardo Iniguez, Director of Public Works/Utilities (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, Patrick Mahoney, President, 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.

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.

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CITY hereunder.

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

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 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 7

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of the California Labor Code, which is incorporated by this reference as though fully set forth herein.

CONTRACTOR shall post a copy of said prevailing rate of per diem wages at each job site.

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.

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 8

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administering the apprenticeship standards of the craft or trade in the area of the work site for a certificate approving CONTRACTOR or subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected; and shall comply with all other requirements of Section 1777.5 of the California Labor Code, which is incorporated by this reference as though fully set forth herein. The responsibility of compliance with California Labor Code Section 1777.5 during the performance of this contract rests with CONTRACTOR. Pursuant to California Labor Code Section 1777.7, in the event CONTRACTOR 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.

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: "1 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.

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investigation by either the Division of Labor Standards Enforcement or by the CITY.

SECTION 11. INDEPENDENT CONTRACTOR.

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CONTRACTOR.

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.

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.

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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.

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.

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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.

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. General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than Two Million Dollars ($2,000,000) per occurrence, Four Million Dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.

2. Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned, or rented vehicles, in an amount not less than Two Million Dollars ($2,000,000) combined single limit for each accident.

3. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance (with limits of at least One Million Dollars ($1,000,000)).
13

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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.

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

G. The general liability, automobile and excess 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.

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with regard to any notice 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.

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SECTION 17. TERMINATION.

1. CONTRACTOR shall cure the following Event of Default within the following time periods:

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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.

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.

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 17

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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.

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.

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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.

If to CITY: If to CONTRACTOR:

City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: Bernardo Iniguez, Director of
Public Works/Facilities
Phone: 562-806-7700
West Coast Arborists, Inc.
2200 E. Via Burton Street
Anaheim, CA 92806
Attn: Patrick Mahoney, President
Phone: 714-991-1900
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.

Any modification of this Agreement will be effective only if it is in writing and executed by both CITY and CONTRACTOR.

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shall be in the Central District of California located in the City of Los Angeles, California.

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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 WEST COAST ARBORISTS, INC. corporation
By: By:

Michael B. O'Kelly
City Manager Name:

Date: Title:

Date:

APPROVED AS TO FORM:

By:

Stephanie Vasquez
City Attorney
Date:
21

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EXHIBIT "A"

CITY RFP
22

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PU LIC S DEPART ENT
8327 GARFIELD AVENUE • BELL GARDENS, CALIFORNIA 90201-6122 (562) 806-7770 FAX (562) 806-7789 • WWW.BELLGARDENS.ORG

REQUEST FOR PROPOSALS FOR CITYWIDE TREE MAINTENANCE SERVICES ADDENDUM NO. 3
August 29, 2025
This addendum is being issued for the REQUEST FOR PROPOSALS FOR CITYWIDE TREE MAINTENANCE SERVICES ("RFP").

Submit a proposal with full understanding and full consideration of this addendum. This addendum is being issued to make the following changes:

A. The Proposal Price Sheet (Attachment "A") is hereby replaced in its entirety with the Revised Proposal Price Sheet.

B. This addendum is being issued to incorporate the following Response to Requests for Information No. 2 into the RFP:

RESPONSE TO REQUESTS FOR INFORMATION NO. 2

1. The following clarification is being made to Question No. 5 in Response to Request for Information No. 1:
"Please confirm that there are no Bonding requirements as part of the bid or resulting contract"
A: There are no BID Bond requirements as part of this RFP. However, the selected contractor will be required to furnish a Performance Bond as required by State law.

2. The following clarification is being made to Question No. 36 in Response to Request for Information No. 1:
"Will the awarded contractor be provided with a "Shape File" of the GPS tree Inventory?"
A: At the moment, the City does not possess a Shapefile with the tree inventory.

However, the selected contractor will be provided with a document containing coordinates and other important details for the City's tree inventory.

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Addendum No. 3
RFP — Citywide Tree Maintenance Services

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3. Which line item in the proposal should proposers use for the John Anson Ford Park Medjool Pam Trees?
A: Please use the revised price proposal sheet attached to this Addendum No. 3.

Prospective proposers who have already submitted their proposal will be contacted to arrange for return of their proposal. Inform subcontractors and suppliers as necessary.

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

Signature of Proposer Date
Proposer Firm Name and Address

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ATTACHMENT "A"

REVISED PROPOSAL PRICE SHEET

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REVISED PROPOSAL PRICE SHEET
For all services described below, unless excluded by the City in description of services below, the City shall consider unit prices below to include all labor, equipment, fees of any kind, overhead, insurance, fuel, materials, surcharges, disposal fees, and any other costs associated with and necessary for the Proposer to perform such service. No qualifications, exemptions, or alterations of services described below will be allowed. Failure to comply will result in disqualification of proposals.

A. GENERAL SERVICES
Description of
Services
Unit Prices
Estimated
Services (based
on previous year)
Extended
1 GPS TREE

INVENTORY

SOFTWARE
Gathering of tree
inventory information
and software training
$
Lump Sum
$
2 ANNUAL PALM TREE

PRUNING
King or Queen palm
Washington palm
Canary Island Date
palm
$
$
$
5 palms
7 palms
68 palms
$
$
$
3 FORD PARK ANNUAL

PALM PRUNING
$
42 palm trees
$
4 GRID or ANNUAL
TREE (Street/Park
Tree) PRUNING *
$
2,500 Grid
Trimmings
$
5 STREET TREE TRIM
0"-4" dsh
4"-12" dsh
12" & over
$
$
$
50 trees
100 trees
400 trees
$
$
$
6 CROWN REDUCTION
TRIM
0"-4" dsh
4"-12" dsh
12" & over
$
$
$
125 trees
125 trees
320 trees
$
$
$
7 Tree and Stump
Removal: Cost per
Tree (Tree and Stump
Removal)
0" — 6"
7 — 12"
13" — 18"
19" — 24"
$
$
$
$
$
2 Trees
2 Trees
6 Trees
20 Trees
10 Trees
$
$
$
$
$

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25" and over
A. GENERAL SERVICES
$
* Designated areas or districts are to be pruned in their entirety. This includes all small, medium, and large trees. Grid tree pruning will include proper ground clearance, crown cleaning and slight thinning in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and the ANSI A300 Standards.

B. CREW RENTAL AND EMERGENCY SERVICES
Fully equipped crew as defined. Includes all manpower, equipment, tools, traffic control, disposal costs, and zero material markups.

Straight Time
Description of Services
Unit
Prices
Estimated Services
Extended

1. 2 Man Crew with
Equipment
$
10 Hours
$

2. 3 Man Crew with
Equipment
$
30 Hours
$

3. 4 Man Crew with
Equipment
$
10 Hours
$
Overtime/Weekends/Emergency After Hour Call Out

1. 2 Man Crew with
Equipment
$
10 Hours
$

2. 3 Man Crew with
Equipment
$
10 Hours
$

3. 4 Man Crew with
Equipment
$
10 Hours
$
B. SUB -TOTAL - CREW RENTAL EMERGENCY SERVICES
$
GRAND TOTAL (A+B)
TOTAL ANNUAL AMOUNT OF PROPOSALS (FIGURES):_
TOTAL ANNUAL AMOUNT OF PROPOSALS (IN WORDS):

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PU LIC RS DEPART E T
8327 GARFIELD AVENUE • BELL GARDENS, CALIFORNIA 90201-6122 (562) 806-7770 FAX (562) 806-7789 • WWW.BELLGARDENS.ORG

REQUEST FOR PROPOSALS FOR CITYWIDE TREE MAINTENANCE SERVICES ADDENDUM NO. 2
August 26, 2025
This addendum is being issued for the REQUEST FOR PROPOSALS FOR CITYWIDE TREE MAINTENANCE SERVICES ("RFP").

Submit a proposal with full understanding and full consideration of this addendum. This addendum is being issued to make the following changes:

A. A second mandatory pre -proposal meeting has been scheduled for Thursday, August 28, 2025, at 1:00 p.m. at the Public Works Corporation Yard, located at 8327 Garfield Avenue, Bell Gardens, CA 90201. Attendance is mandatory to submit a proposal. Proposers who were present at the initial mandatory pre - proposal meeting are not required to attend the second meeting.

B. In the Submittal Procedure/Deadline section, the tentative schedule is hereby revised to read as follows:

Release of RFP
Tuesday, August 12, 2025
Deadline for cuestions
Thursday, Aucust 21, 2025, at 5:00 p.m.

Mandatory Pre -Proposal Meeting
Tuesday, August 26, 2025 at 11:00 a.m.

Second Mandatory Pre -Proposal
Meeting
Thursday, August 28, 2025 at 1:00 p.m.

Proposal Due Date
Thursday, September 4, 2025 at 5:00 3.m.

Proposer Interviews (if necessary)
Thursday, September 11, 2025
** Tentative City Council
Recommendation of
Award/Agreement Approval
Monday, September 22, 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 https://www.bellgardens.org/i- want-to/view-bids-rfps/rfps-andbids. All times posted are in pacific standard time (PST). **Proposer must be available on Monday, September 22, 2025, in - person or virtually for a possible presentation to the City Council.

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Addendum No. 2
RFP — Citywide Tree Maintenance Services

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C. This addendum is being issued to incorporate the following Response to Request for Information No. 1 into the RFP:

RESPONSE TO REQUESTS FOR INFORMATION NO. 1

1. Is the City on a Calendar or Fiscal Year? If Fiscal, please provide the Start/End months? A: The City operates on a fiscal year budget. However, the awarded contract will be effective October 12, 2025.

2. Will the contract's annual budget match the City's fiscal Start/End months? A: The contract will be awarded on a not -to -exceed basis. The annual compensation will be monitored by contract year (October to October). However, the contractor will receive a purchase order on a fiscal year basis,

3. When will the city provide responses to questions as they need to be considered in developing our cost proposal which is due very soon?
A: Any future addendum will be posted at least 72 hours before the proposal submittal date.

4. What is the estimated start date for this contract?
A: The estimated effective date for this contract is October 12, 2025.

5. Please confirm that there are no Bonding requirements as part of the bid or resulting contract.

A: There are no bonding requirements under this RFP.

6. Will there be a public bid opening at the time of bid submission? A: No, the proposals will be evaluated following the process outlined in Section VII.

Evaluation Criteria.

7. Have there been any notable changes to the specifications or Contract Services Agreement compared to the City's previous Tree Maintenance RFP (2020)? Specifically, are there any new requirements in this contract compared to the existing one that current or prospective contractors should be aware of?
A: The specifications remain substantially consistent with the requirements that were advertised in 2020.

8. The RFP spec does not include language regarding any specific license. Considering this is a tree maintenance project, shouldn't a C-49 license be required? A: As outlined in the sample agreement, Contractor shall maintain during the Agreement term all necessary licenses, permits and certificates required by law for the performance of the Work contemplated under this Agreement.

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Addendum No. 2
RFP — Citywide Tree Maintenance Services

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9. Since most of the work will take place on public streets, will the city consider requiring a C-31 license?
A: The City does not require a C-31 license as part of this RFP. However, please refer to Section V (D) for specifications regarding traffic control standards.

10. Given the requirements for a 30 -minute emergency response time during normal business hours, will the city consider the proximity of the contractor's office/yard to the city?
A: The requirement is the 30 -minute emergency response time, regardless of the contractor's office/yard location.

11. Will there be a site provided for parking of vehicles & equipment and/or staging of materials?
A: Staging areas will not be provided by the City, unless it is requested and approved by the City for special projects.

12. Are bidders allowed to include pricing for additional services that are not listed in the RFP?
A: Yes, contractors are encouraged to include pricing for extra/additional services (e.g. specialty pruning, water truck rental, tree watering and equipment, etc.). However, any work that falls under this additional pricing will be considered extra work and would require written approval by the City.

13. What is the estimated annual budget for this contract?.

A: The estimated annual budget for this contract is $325,000. However, the available budget for the current fiscal year (October 2025 to June 30, 2026) is $210,000.

14. Will the City allow for unit price adjustments during the base term and/or any extension periods to account for evolving economic and operational factors (e.g., labor costs, fuel, equipment, materials)?
A: Proposers may include pricing adjustments in their proposal. If Proposers anticipate any price increases, they must submit a detailed table with the initial proposal. This table should show the total compensation for each year of the contract.

After award of contract, any compensation increase will require subsequent approval from City Council, and/or require an Amendment to the Contract Services Agreement.

15. Aside from the Annual Cost adjustment based on the Consumer Price Index, will the Contractor be allowed to request a cost adjustment based on annual increases in prevailing wage?
A: Please refer to Question 14.

16. The evaluation criteria place 30% weight on cost. Can the City please clarify whether this will be based on the Grand Total for Sections A + B on the Proposal Price Sheet, or only Section A (Grid Trimming and related services)?

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Addendum No. 2
RFP — Citywide Tree Maintenance Services

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A: Pricing will be evaluated based on the Grand Total for Sections A and B.

17. The Proposal Price Sheet requests unit pricing but does not define the unit of measure for each line item. For example, is `Trimming' to be priced per tree? Is `Crew Rental' to be priced per hour? To ensure all bidders are consistent and comparable, can the City please provide a clear definition of the unit of measure for each line item on the Price Sheet?
A: The City will award the contract based on annual activities, which are listed under the Estimated Services column. Therefore, Proposers must multiply their proposed unit price by the number of trees/hours listed under the column titled Estimated Services. An example is shown below for illustration purposes only.

Fully equipped crew as defined. Includes all manpower, equipment, tools, traffic control, disposal costs, and zero material markups.

Straight Time
Description of Services
Unit Prices
Estimated Services
Extended
1 w
2 Man Carew with
Equipment
$ 100i hour X
10 Hours
$1Ct00

18. For tree and stump removals, would the City consider defining these items as per DBH inch rather than per tree, to ensure more precise and equitable pricing based on actual tree size?
A: Please see Question 17. The City is looking for the price for the removal of 125 stumps that are within the 0" — 4" DBH category.

19. Are Parks included as part of this Contract? If so, are we allowed to drive aerial lifts on the turf?
A: Parks are included as part of this contract. Aerial lifts are permissible in most areas of the parks with prior approval from the City. However, they will NOT be allowed to maintain the palm trees adjacent to the Ford Park Aquatic Center.

20. Are there any City -owned facilities or properties that are not included as part of this contract?
A: This contract includes all City -owned facilities and parks.

21. The RFP (City's Right to Perform Street Tree Maintenance, page 32) states that the City reserves the right to perform street tree maintenance with its own forces or another contractor. Can the City clarify whether this applies only to Proposal Price Sheet Line Item 4 — Street Tree Trimming, or if it also includes Grid Pruning? If it does include Grid Pruning, how will the City ensure an equitable distribution of work so that the selected contractor is not left with only the largest and most labor-intensive trees, given that the grid pruning unit rate is the same regardless of tree size?

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Addendum No. 2
RFP — Citywide Tree Maintenance Services

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A: This statement includes any activities covered under the RFP. It is the City's intent to have one licensed contractor perform tree maintenance services. However, should there be a need for the City to complete any tasks with its own forces or another contractor, the City reserves the right to do so.

22. Can contractors trim or remove any tree they deem necessary? A: No, the contract must obtain City's approval prior to work,

23. Will the city consider separating the line item for Grid pruning in streets vs parks? Pruning in parks is generally more time consuming and requires more effort to complete.

A: No, annual trimming is intended to be comprehensive of both.

24. During our site visits, we observed that the City's date palms have been beautifully detailed with pineapple shaping, and some species have been pruned into decorative ball shapes. Could the City clarify how these detail -oriented services have been billed under the current/existing contract? Specifically, which Proposal Price Sheet line item(s) did the existing contractor use for this service?
A: The Contractor used the Data Palm Pruning pricing included in their proposal.

25. Are there any tree workers on the city's staff? If so, what are their duties? A: No, the City does not have dedicated tree workers.

26. Does the City perform general pruning on a grid?
A: The City divides annual pruning into two sections: north side, north of Florence Avenue and south side, south of Florence Avenue.

27. How many years is your general pruning cycle?
A: The pruning cycle is on a biennial basis.

28. Can we be provided with a grid map indicating the last grid that was completed and the next grid due to be pruned?
A: The northside of the City (north of Florence Avenue) was pruned in 2024. The current contractor is working on the South side.

29. For the Grid that was most recently completed; is the city satisfied with the pruning pattern that was used?
A: Yes, the contractor completed the services satisfactorily.

30. Are there any specific species, or areas that are pruned more frequently? A: No, there are no specific species at the moment.

31. Do you trim trees throughout the year or in specific seasons?

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Addendum No. 2
RFP — Citywide Tree Maintenance Services

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A: Trimming is scheduled throughout the year. However, it is the City's practice to perform most of the annual trimming prior to the rainy season.

32. Who determines the scheduling of grid pruning?
A: The Director of Public Works/Facilities, or designee, oversees all operations.

33. The RFP (Tool Sanitation, page 15) states that pruning tools must be disinfected after each cut on all trees, including palms, known or suspected to be diseased.' This requirement is very open-ended. Could the City please clarify exactly which tree species, conditions, or diseases will trigger this sanitation protocol? A: To maintain a healthy inventory, the City requires sanitation procedures to avoid cross -contamination across tree species (e.g. palm trees vs Jacaranda).

34. Does the City currently utilize a GPS Inventory? What is the current inventory software that you are using?
A: The City currently uses the current contractor's inventory, ArborAcess.

35. When was the inventory last updated?
A: The contractor updates the inventory periodically and in real-time.

36. Will the awarded contractor be provided with a "Shape File" of the GPS tree Inventory? A: Yes, they will.

37. Who is responsible for updating the Tree Inventory after the initial 3 -month update? A: The Contractor is responsible for that task.

38. How will the contractor be compensated for inventory updates or additions after the initial 3 -month update?
A: Please refer to price sheet. Proposers are required to provide an annual proposal price for the maintenance of the inventory.

39. The specifications state that the tree inventory system cannot be proprietary. Could the City clarify the intent of this requirement? If a proprietary system integrates fully with the City's system and provides open access/export of data, would that be acceptable? Or is the City requiring that the system itself be non-proprietary/open-source? A: Contractor may use a proprietary system as long as the tree inventory data is easily ported and accessible in an open format such as Microsoft Excel, at the request of the City.

40. What frequency of reporting updates will be expected for tree removals, plantings, and pruning — real-time, weekly, monthly, or quarterly? Are these updates to be submitted through a City -provided platform, or maintained within the contractor's inventory system? A: Real-time or weekly updates, using the contractor's inventory system.

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Addendum No. 2
RFP — Citywide Tree Maintenance Services

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42. The Bid Specifications calls for New Tree Care which consists of the irrigation of young trees which have been installed by the Contractor and the cultivation of new canopy coverage. How will the contractor be compensated for this service as it is not included on the proposal price sheet?
A: Please refer to Question 12.

43. How will the Contractor be compensated for watering trees after the 6 -month tree warranty period is expired?
A: The Contractor is responsible just for the establishment period of trees. Following that period, it is the property owner's responsibility to maintain parkway trees. If the tree is planted on the median or city -owned park, it will be irrigated with the City's irrigation system.

44. How many trees and what size do you plan on planting in the foreseeable future? A: Tree planting numbers vary each year and is subject to available funding.

45. What size trees are typically planted in the City?
A: The size of the trees is typically 24 -inch box. However, tree sizes may vary depending on specific needs/projects.

46. For tree removals and tree planting, will the City mark the trees/sites for Underground Service Alert?
A: Please refer to Section V (U) of the specifications. The Contractor will be required to mark tree removal sites for Underground Service Alert.

47. What are some instances where you would use crew rental instead of unit price? A: Emergency responses or project -specific needs.

48. Is mobilization included in crew rental and emergency crew rental hours? Is there a minimum crew -hour guarantee per callout?

49. A: No minimum is guaranteed. Is equipment staging allowed in the city? A: Staging is not allowed in the city, unless it is approved by the City as part of a larger project, or if affected by construction activities.

50. Are gas -powered blowers allowed in the City?
A: Yes, gas -powered blowers are allowed,

51. In the Scope of Work, Section M, subsection 1 "wood chips" it states that "wood waste generated from tree removals shall be chipped into pure wood chips with even uniform size. These chips shall be dumped and spread in specified locations in the City." How will the time taken to spread these chips be charged?

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Addendum No. 2
RFP — Citywide Tree Maintenance Services

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A: This section applies if the Contractor is directed by the City, on a case -by -case basis.

The City will request a stand-alone cost to perform this task.

52. If special equipment is required such as a crane or loader, how will this be charged? A: It is the Contractor's responsibility to assess the City's existing tree inventory in and provide an all-inclusive price to carry out activities based on that assessment.

53. Will the City require that Supervisors be ISA Certified Arborists? A: Yes, the City will require supervisors be ISA certified.

Prospective proposers who have already submitted their proposal will be contacted to arrange for return of their proposal. Inform subcontractors and suppliers as necessary.

Signature of Proposer Date
Proposer Firm Name and Address

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PU LIC O S DEPA T E T
8327 GARFIELD AVENUE • BELL GARDENS, CALIFORNIA 90201-6122 (562) 806-7770 FAX (562) 806-7789 • WWW.BELLGARDENS.ORG

REQUEST FOR PROPOSALS FOR CITYWIDE TREE MAINTENANCE SERVICES ADDENDUM NO. 1
August 20, 2025
This addendum is being issued for the REQUEST FOR PROPOSALS FOR CITYWIDE TREE MAINTENANCE SERVICES ("RFP").

Submit a proposal with full understanding and full consideration of this addendum. This addendum is being issued to make the following changes:

A. A mandatory pre -proposal meeting will be held on Tuesday, August 26, 2025, at 11:00 a.m. at the Public Works Maintenance Corporation Yard located at 8327 Garfield Avenue, Bell Gardens, CA 90201. Attendance is mandatory.

Prospective proposers must attend this meeting to be eligible to submit a proposal.

B. In the Submittal Procedure/Deadline section, the tentative schedule is hereby revised to read as follows:

Release of RFP
Tuesday, August 12, 2025
Deadline for cuestions
Thursday, August 21, 2025, at 5:00 p.m.

Mandatory Pre -Proposal Meeting
Tuesday, August 26, 2025 at 11:00 a.m.

Proposal Due Date
Thursday, September 4, 2025 at 5:00 p.m.

Proposer Interviews (if
necessary)
Thursday, September 11, 2025
** Tentative City Council
Recommendation of
Award/Agreement Approval
Monday, September 22, 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 https://www.bellgardensorq/i- want-to/view-bids-rfps/rfps-andbids. All times posted are in pacific standard time (PST).
**Proposer must be available on Monday, September 22, 2025, in -person or virtually for a possible presentation to the City Council.

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Addendum No. 1
RFP — Citywide Tree Maintenance Services

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Inform subcontractors and suppliers as necessary.

Signature of Proposer Date
Proposer Firm Name and Address
2

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REQUEST FOR PROPOSALS
FOR

CITYWIDE TREE MAINTENANCE SERVICES
RFP Release Date
Tuesday, August 12, 2025
Proposal Submittal Deadline
5:00 p.m., Thursday, September 4, 2025
Contact Person:

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

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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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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, Parks and Facilities Maintenance, Utilities and Contracts, Transportation Services, the City Water System, and Solid Waste Management.

The Public Works Department is responsible for the oversight and maintenance of an urban forest consisting of 4,215 trees spread within the city boundaries. Work will include approximately 1,500 to 2,500 raisings, trimmings, or removals per year. City -owned trees are located within the City's rights -of -way, center medians, facilities, and parks. The activities include grid pruning, removal and planting of trees, inventory system management, watering, and other arboriculture related services. Additionally, emergency tree trimming and as - needed tree removal services are part of the City's tree maintenance activities.

The City is seeking proposals from qualified Contractors with proven expertise to provide professional tree maintenance services, including maintenance. The City currently contracts tree maintenance services to a contractor and is seeking to re-evaluate costs and qualifications. Please review this Request for Proposals for Citywide Tree 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 Contractor to provide the requested professional Citywide Tree Maintenance Services; however, the City reserves the right to select one or more Contractors to provide the required services. The City reserves the right to accept or reject any or all proposals 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 an 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, it would be awarded to the contractor that presents an optimal balance of relevant experience, cost, quality of service, work history, and other factors which the City may consider relevant and important in determining which proposal is best for the City. The contractor must hold a valid license by the State of California Contractors License Board to perform all the services. 3

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The term of the Contract Services 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 citvclerkdeska(�bellgardens,org and biniquez(d bellgardens.org no later than 5:00 p.m. on Thursday, September 4, 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 Thursday, September 4, 2025, to the City Clerk's 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 Citywide Tree Maintenance Services Proposal." 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 by this 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 Citywide Tree Maintenance Services" written below the address label and addressed as follows:

City Clerk's Office
Attention: Daisy Gomez, City Clerk
Citywide Tree Maintenance Services RFP Proposal
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 biniquez(a�bellcardens.orq with a copy to Karla Gonzalez, Senior Management Analyst, at [email protected]. The deadline for written questions and inquiries is Thursday, August 21, 2025, at 5:00 p.m. City Hall is open Monday through Thursday from 7:30 a.m. to 6:00 p.m.

All times posted in pacific standard time (PST).
4

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SCHEDULE
The tentative schedule* for this RFP is as follows:

Release of RFP
Tuesday, August 12, 2025
Deadline for Questions
Thursday, August 21, 2025 at 5:00 p.m.

Proposal Due Date
Thursday, September 4, 2025 at 5:00 p.m.

Proposer Interviews (if necessary)
Thursday, September 11, 2025
**City Council Recommendation of Award
Monday, September 22, 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 https://www.bellgardens,orq/i-want-to/view-bids-rfps/rfps-and-bids . ** Proposer must be available on Monday, September 22, 2025, in -person or virtually, for a possible presentation to the City Council.

V. DEFINITIONS, TERMS, AND CONDITIONS

1. Definitions: To simplify and clarify the language throughout this RFP, the following definitions shall apply:

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

C. Contractor: The bidder, contractor, 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, Contractors and agents, any subcontractors 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 Proposer's behalf.

2. Proposal General Terms and Conditions:

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on the quality, completeness, clarity of content, responsiveness to the requirements, and an understanding of City's objectives.

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

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.

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by a Proposer signifies full agreement with this requirement.

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.

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

F. City Re
Dresentative and Communication
The Director of Public Works/Facilities is the designated "City Representative" for this RFP.

Proposers must only communicate with the City Representative 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 City Representative, may be grounds for disqualification. Any inquiries or requests during this RFP submission and procurement process shall be submitted in writing to the City Representative 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 Contractor 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.

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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.

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. 8

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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 Contract Services Agreement, the City reserves the right to negotiate a Contract Services Agreement with more than one Contractor.

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 Contractors. The City also reserves the right to investigate the qualifications of the proposed Contractor(s) as it deems appropriate.

M. Award of Contract Services Agreement
Upon conclusion of the RFP process, the Staff will recommend a proposer to the City Council.

The successful Proposer will be required to enter into a Contract Services Agreement with the City. A copy of the City's Contract Services Agreement is attached and incorporated as Attachment "C" as a sample for proposers to review the terms and conditions prior to submitting a proposal. The proposal process, agreement negotiations and execution, and subsequent actions will be conducted by the City in accordance with applicable law.

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V. SCOPE OF WORK
This request for proposals is for professional citywide tree maintenance services in the City of Bell Gardens. These specifications are intended to cover all labor, material, and standards of architectural, landscaping, and mechanical workmanship to be employed in the work called for or reasonably implied by terms of same. Work or arterials of a minor nature which may not be specifically mentioned, but which may reasonably be assumed as necessary for the completion of this work, shall be performed by the Contractor as if described in the specifications. Contractor shall conform and follow the Western Chapter International Society of Arboriculture (ISA) best management practices.

Contractor will be required to perform and complete the proposed tree trimming and maintenance work in a thorough and professional manner, by providing all labor, tools, equipment, materials and supplies necessary to complete all work in a timely manner, in a way that will meet all the City's requirements.

A. ANNUAL MAINTENANCE PROGRAM

1. Upon award of Contract Services Agreement, the successful Proposer shall be required to submit a work schedule based on the City's annual pruning requirements, removal and replacement program and planting projects. The proposals shall include a recommended annual work plan, daily work schedules, personnel and vehicles that would be required to complete the annual maintenance program.

Depending on the City's current and future program needs, the scheduled work may require multiple crews to perform concurrently within the same time constraints.

2. The Contractor shall have supervisors at each jobsite at all times when work is being performed. Each supervisor must be capable of communicating effectively both in written and oral English and holding the necessary certifications or credentials as described for that position herein. All supervisors must possess adequate technical background to ensure that all work is accomplished in accordance with the special provisions of this Request for Proposals. An ISA Certified Tree worker is required on -site at all times while work is being performed.

3. Contractor is required to have a Project Manager available by telephone on a 24 - hour basis that is assigned to provide direct and prompt attention to requests from City for emergency and after-hours tree service requests.

4. Contractor shall be responsible for responding to any tree -related emergency situations during normal business hours of operation, after-hours, weekends and holidays. The Contractor shall have the capacity to deal with any tree related emergency ranging from limbs down on single trees to storm related damage that involves a large number of trees requiring the commitment and focus of significant resources and staffing levels for several days. Response time and protocol during 10

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emergencies is critical to the City of Bell Gardens. As part of the Contract Services Agreement, the Contractor shall be required to make the City of Bell Gardens a priority client for responses during emergencies that cover the areas surrounding Bell Gardens.
a. Telephone responses by the Contractor to tree related emergency calls during normal business hours of operation and after-hours shall be made within fifteen (15) minutes of the initial call.
b. The response time for a crew to arrive on -site for tree related emergencies during normal business hours of operation is thirty (30) minutes. c. The response time for a crew to arrive on -site for tree related emergencies outside of normal business hours of operation is two (2) hours. Failure to meet this requirement shall result in liquidated damages of five hundred dollars ($500) per occurrence.

5. Contractor shall employ sufficient personnel qualified by reason of education, training and experience to discharge the services agreed to be performed by Contractor. Contractor shall provide service of the highest quality at all times, and personnel retained to perform this service shall be temperate, competent and otherwise fully qualified to fulfill the Contractor's obligations under the Contract Services Agreement.

6. All employees of Contractor performing services shall be dressed in clean, unaltered uniforms with suitable company identification. No portion of the uniform may be removed while working. Employees not in uniform shall be immediately removed from the work area. The Contractor shall provide a standard uniform consisting of at least a collared shirt with buttons, complimenting pants, a belt and boots appropriate to the work. All shirts, jackets or safety vests shall be clearly marked with company identification and the name of the employee wearing the uniform in the field. Contractor employees shall always appear neat and well- groomed. Contractor employees shall wear orange safety vests when operating machinery and/or while working within five hundred (500) feet of moving traffic or such other distance required by any applicable laws.

The Contractor's employees shall be subject to the following minimum requirements, skills, abilities and knowledge:
a. The proper license to operate equipment.
b. Ability to operate and maintain equipment in accordance with the manufacturer's recommendations.
c. Mechanical ability to make required operator adjustments to the equipment being used.
d. Knowledge of safety regulations as they relate to tree care and traffic control. e. American Red Cross Standard First Aid Certification (minimum of one member of each crew).
f. Ability to communicate orally and in writing in English. 11

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g. Demonstrated knowledge of tree care and related operations.

B. MAINTENANCE ACTIVITIES
Contractor may be required to perform the following tree trimming and maintenance activities at various sites throughout the City:
a. Tree pruning
b. Tree removal
c. Tree planting
d. Crew rental
e. Emergency response
f. Line clearance pruning
g. Clearance pruning
h. Grid pruning program (Ex. 5 years)
i. Tree watering
j. Pesticide treatment (as needed)
k. Small tree care
I. Palm trunk skinning
m. Root pruning
n. Specialty equipment rental
o. Arborist services/inspection
p. Foliar and pesticide treatments
q. Data entry
r. Webpage development
s. Additional work
t. Qualifications
u. GPS Tree inventory
v. Online maintenance access*
* Online maintenance is defined as Internet access to an Urban Forestry Management tool that includes work order tracking, ability to send work requests including but not limited to pruning, planting, and removal, access to reports for tree inventory, value of the urban forest, job balance and GPS accessibility (if applicable).

C. TREE INVENTORY
Upon agreement award, the successful Proposer shall be required to provide a complete update of the City's tree inventory at no additional cost to the City and to submit the completed inventory to the City within three (3) months of the agreement award. The tree inventory data shall conform to the existing tree inventory database and include but not be limited to the following data fields:

1. Tree Location
A GPS tree inventory shall be created with a new database using the City's standardized addressing system for all parks and open space areas. The Contractor shall be required to create an ESRI ArcView/Arc GIS compatible "shape file".
12

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The inventory shall be capable of showing the location of every existing tree site and vacancies on the City's existing GIS base maps (streets, parcels, addresses, ROW and hardscape, etc.).

The tree inventory shall be conducted by visiting each tree site or vacant planting site and plot the position. The data shall be compatible with the latest version of ArcView. The minimum accuracy shall be not more than one (1) foot.

This inventory will be updated daily by a qualified GIS technician. The City shall always have access to updated data as stated in the terms of the Contract Services Agreement.

2. Measurement of Canopy Spread
As a part of the data collection process, the canopy spread will be measured using either a laser rangefinder or a Roll -a -Tape, to the nearest foot, using a pre- established uniform protocol. This data shall be included in the inventory database in a format suitable for use by the City.

3. Tree Condition
a. General condition of individual trees
b. Pruning requirements (i.e., recommended pruning cycle) c. Condition of surrounding hardscape (i.e. displaced or recent repairs).

D. WORK QUALITY AND GENERAL STANDARDS
All work shall be performed in accordance with the highest landscape maintenance standards. Standard and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the designated sites.

All work as part of the Contract Services Agreement shall comply with good arboreal practice for the particular species of trees being trimmed, shall be consistent with the Pruning Standards as adopted by the International Society of Arboriculture, and/or "Pruning Landscape Trees" by U.C. Agricultural Extension Service #AXT-288. The Contractor shall also meet the requirements of the most current American National Standards, Z133-1-1972, entitled "Safety Requirements for Tree Pruning, Trimming, Repair or Removal," published by the American National Standard Institute, Inc., 1430 Broadway, New York, New York 10018.

The Director of Public Works/Facilities or designee, shall determine if the Contractor has met all trimming requirements, and payment shall not be made for trimming that is not in accordance with the above standards. The Contractor shall be deemed in agreement default if they consistently fail to comply with the Contract Services Agreement standards.

Prior to beginning the work, the Contractor shall review with the City's Director of Public Works/Facilities or designee, the various methods, tools and work scheduling 13

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to be used on the project. Unless otherwise indicated, tree trimming shall include but not be limited to current industry standards for pruning.

Any structural weakness, decayed trunk or branches, or split crotches or limbs discovered by the Contractor during the course of trimming shall be reported to the Director of Public Works/Facilities or designee, for determination of action, as soon as it is discovered.

Contractor shall be responsible for the removal of all vines entwined in the tree or around its trunk, and the removal of sucker growth from tree trunks.

Daily tree trimming operations shall commence no earlier than 7:00 a.m. and shall be completed each day no later than 5:OOp.m.

All work performed under the Contract Services Agreement shall be performed in such a manner as to provided maximum safety to the public, and where applicable, comply with all safety standards required by Cal -OSHA, The Work Area Traffic Control Handbook (W.A.T.C.H Manual) and the State of California Manual of Traffic Controls.

The City reserves the right to issue a restraint or cease and desists order to the Contractor when unsafe or harmful conditions are observed or reported relative to the performance of the work under these specifications.

Contractor shall maintain all work site free of hazards to persons and/or property resulting from their operations. Any hazardous conditions noted by the Contractor, which are not a result of Contractor's operations, shall be immediately reported to the City.

Contractor shall be responsible to verify all existing conditions whether shown or not.

Contractor shall not store materials or equipment or debris on private property.

Contractor shall notify the City whenever the Contractor feels their activities may damage existing trees, plants, turf, sidewalks and other pre-existing improvements.

Contractor shall be responsible for the replacement or restoration of any and all existing landscape or hardscape that is damages as a result of their operations. The replacement or restoration work must be with acceptable landscape or hardscapes at no cost to the City. The City representative shall determine the extent of damage. All restoration work shall be done to the satisfaction of the City.

E. PUBLIC NOTICING AND ADVANCED NOTIFICATION
The Contractor shall supply and post standard signage on the trunk of the tree at the work site at which work is to be performed, at least seventy two (72) hours in advance of work with the signage clearly stating what type of work is to be done and what affect the work will have on parking availability at that particular site. Posting shall be affixed to the tree trunk using materials that do not cause permanent damage to the tree. In the event that a tree trunk is not available for posting, the Contractor shall affix the 14

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posting to a standard size safety cone and place that cone in the center of the parkway where a tree is to be planted or atop a stump that is scheduled for grinding.

F. TOOL SANITATION
On all trees, including palms, known or suspected to be diseased, pruning tools and cut surfaces shall be disinfected with a ten percent (10%) t chlorine bleach solution after each cut and between trees where there is danger of transmitting the disease on tools. Fresh solution shall be mixed daily. Old solutions shall be disposed of through proper disposal methods. Dumping used or old bleach solutions on the ground or down the storm drain and will result in severe penalties to the Contractor.

G. WILDLIFE PROTECTION
Prior to the commencement of any work in the vicinity of any tree, each tree shall be visually surveyed, from all sides, for the sole purpose of detecting the presence of bird nests or wildlife of any type. If a nest is found and is determined to be active, there shall be no work of any type in the tree in which the nest is found without the written permission of the City's Director of Public Works/Facilities or designee. At no time shall any nest or wildlife be removed from its location. In the event that wildlife is accidentally displaced and needs assistance, the Contractor shall notify the City's Animal Control service and/or the nearest appropriate animal rescue facility, as identified in the Contractor's submittal required herein regarding "Protection of Wildlife", shall be contacted for assistance.

H. PRE -INSPECTION
Prior to the commencement of any work in the vicinity of any tree, the Contractor shall identify the location of utilities, irrigation components and/or any private property element(s) that could be compromised by any work activity. If identified, the Contractor shall take appropriate action to protect same. If, during the course of pre -inspection, the Contractor identifies damage that exists before the onset of work, the Contractor shall document the damages with photos and report such damage to the City's Director of Public Works/Facilities or designee, prior to commencing work in that area.

All photo documentation shall have the time and date embedded. Any claim of damage that cannot be refuted by photo- documentation and/or a written report to the City's Director of Public Works/Facilities or designee, shall be considered the responsibility of the Contractor.

I. SETUP, OPERATIONS, EQUIPMENT STAGING
The Contractor shall setup, operate and stage in a manner that presents the least amount of disruption to residents, businesses, and the public and traffic flow. Outside of an emergency situation, at no time will multiple setups or equipment staging be allowed on both sides of a street within the same block. Equipment shall never be stored or left unattended on a public street, City facility or private property. The staging of equipment shall not be exempt from the work hour restrictions defined herein. 15

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J. IDENTIFICATION AND REPORTING OF HAZARDS
While performing work of any type, the tree worker should inspect for any obvious hazards related to trees, including uplifted sidewalk segments. All hazardous situations should be corrected or promptly reported to the City. Any defective or weakened trees shall be reported to the City's Director of Public Works/Facilities or designee.

K. RISK MANAGEMENT
Tree work is a controlled task. At no time should work be performed so as to result in a loss of control incident (e.g. free -falling large limbs or trunk sections, hinge cutting to avoid use of ropes/hoisting equipment, lack of safety apparatus/equipment guards, improper use/loading of equipment). Failure to maintain control at all times shows a lack of planning and judgment, which is considered dangerous, and can result in serious injury or death. The Contractor will be held liable and will be penalized as is appropriate. No reasoning will be accepted for loss of control incidents. In addition to penalties and/or the withholding of agreement payments, the Contractor shall be responsible for the mitigation of any damage related to a loss of control incident.

L. CLEANUP OF GREEN WASTE AND DEBRIS
Limbs, logs or any other debris resulting from any tree operations shall be promptly and properly removed. The work area shall be kept safe at all times until all operations are completed. Under no circumstances shall the accumulation of brush, limbs, logs or other debris be allowed to pose a hazard to the public. During production trimming and removals, debris shall be removed from public rights of way and private property within one (1) hour of the completion of work on the tree from which the debris was generated. All trimming activities shall cease immediately if clean up equipment ceases to function or is not available (e.g. loader, roll off equipment, staff). Street rights of way shall not be used to stage unattended debris generated during standard work hours. All debris from tree operations shall be cleaned up each day before the work crew leaves the site. All lawn areas shall be raked, all streets/sidewalks shall be swept, and all brush, branches, or other debris shall be removed from the site. Areas are to be left in a condition equal to or better than that which existed prior to the commencement of tree operations. No material is to be allowed to enter any storm drain.

M. DISPOSAL OF MATERIALS
The City is to Receive Recycling Credit under AB939 for all green waste produced as a result of the Contractor's operations under the Contract Services Agreement. All green waste shall be reduced, reused, recycled, and/or transformed by Contractor.

Weight slips shall be required as proof of final disposal and must be submitted by Contractor with each demand for payment. All brush generated from tree trimming operations shall be recycled where practical.
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Bell Gardens City CouncilOctober 13, 2025

Bell Gardens City Council
October 13, 2025