Bell Gardens City Council
December 8, 2025

(a) If the notice is given to the CITY, by personal delivery thereof, or by depositing the same in the United States mail, enclosed in a sealed envelope, postage prepaid, and certified; addressed to the CITY at:

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

Sequel Contractors, Inc.
13546 Imperial Highway
Santa Fe Springs, CA 90670
Attn: Michael A. Mahler, Secretary
Phone: 562-802-7227
(c) If the notice is given to the surety or any other person, by personal delivery to such surety or other person, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to such surety or other person, as the case may be, at the address of such surety or person last communicated by it to the party giving the notice, postage prepaid and certified.

ARTICLE V (INSURANCE,
A. Prior to the beginning of and throughout the duration of the Project, CONTRACTOR and its subcontractors shall maintain insurance in conformance with the requirements set forth below. CONTRACTOR will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so or to procure insurance coverage to satisfy the requirements.

B. CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this Section constitute the minimum amount of coverage required. Any insurance proceeds available to CONTRACTOR or its subcontractors in excess of the limits and coverage identified in this Contract and which is applicable to a given loss, claim or demand, will be equally available to CITY.

C. Without limiting CONTRACTOR's indemnification of CITY and/or the Indemnified Parties and prior to commencement of the Project, CONTRACTOR shall obtain, provide,

and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to CITY.

D. 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 $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.

E. 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 Contract, including coverage for any owned, hired, non -owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

F. Umbrella or excess liability insurance. [If required to meet higher limits].

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 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;
"Pay on behalf of" wording as opposed to "reimbursement"; 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.

G. Workers' compensation insurance. CONTRACTOR shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees.

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

H. CONTRACTOR's pollution liability insurance. Coverage shall provide for liability arising out of sudden, accidental, and gradual pollution, and remediation. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. All activities contemplated in this Contract shall be specifically scheduled on the policy as "covered operations." The policy shall provide coverage for remediation of the site in the event of an environmental contamination event arising out of the materials, supplies, products, work, operations, or workmanship.

Transportation pollution liability insurance. Coverage shall be in an amount not less than $5,000,000 combined single limit per accident and shall include Pollution Liability (CA9948) and MCS-90 Endorsements. The policy shall provide coverage for transportation of pollutants/contaminants to and from the job site and the hauling of waste from the Project site to the final disposal location, including non -owned disposal sites.

J. Builder's risk (course of construction;. Upon commencement of construction and with approval of CITY, CONTRACTOR shall obtain and maintain builder's risk (course of construction) coverage for the entire duration of the Project until only the CITY has an insurable interest. The builder's risk coverage shall include the following:

The named insureds shall be CONTRACTOR and CITY, including its officers, officials, employees, and agents. All subcontractors (excluding those solely responsible for design work) of any tier and suppliers shall be included as additional insureds as their interests may appear. CONTRACTOR shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to CITY. The policy shall contain a provision that all proceeds from the builder's risk policy shall be made payable to the CITY. The CITY will act as a fiduciary for all other interests in the Project.

Policy shall be provided for replacement value on an "all risk" basis for the completed value of the Project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sublimits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any Project materials or supplies, if applicable; and (7) coverage with sublimits sufficient to insure the full replacement value of any property or equipment stored either on or off the site or any staging

area. Such insurance shall be on a form acceptable to CITY to ensure adequacy of terms and sublimits and shall be submitted to the CITY prior to commencement of construction.

K. Installation floater. If required by the CITY or not covered by builders' risk (course of construction) coverage, CONTRACTOR shall obtain an installation floater for the value of the property and covering the portion of the work to be constructed, installed, altered, or repaired by CONTRACTOR. The installation floater policy must include coverage for the fixtures, materials, supplies, machinery, and equipment used in or incidental to the construction project as well as property kept off -site or while in transit. Coverage must include property of others in the CONTRACTOR's care, custody, or control. In addition to CONTRACTOR, the CITY and all subcontractors shall be named as additional insureds on the policy with coverage extending through the final completion date.

L. Other provisions or recuirements:

Proof of insurance. CONTRACTOR shall provide certificates of insurance and required endorsements to CITY as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by CITY's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY for the contract period and any additional length of time required thereafter.

CITY reserves the right to require complete, certified copies of all required insurance policies, at any time and CONTRACTOR agrees to provide the same.

Duration of coverage. CONTRACTOR shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the work hereunder by CONTRACTOR, its agents, representatives, employees, subcontractors or subconsultants. CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

Primary/noncontributing. Coverage provided by CONTRACTOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY's own insurance or self- insurance shall be called upon to protect it as a named insured.

Products/completed operations coverage. Products/completed operations coverage shall extend a minimum of three (3) years after Project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed

"by or on behalf' of the insured. Policy shall contain no language that would invalidate or remove the insurer's duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as additional insureds under the products and completed operations coverage.

CITY's rights of enforcement. In the event any policy of insurance required under this Contract does not comply with these requirements or is canceled and not replaced, 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 Contract.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the CITY's Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against CITY and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of contract provisions non estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.

Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide the CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for

each required coverage. If any of the CONTRACTOR's insurers are unwilling to provide such notice, then CONTRACTOR shall have the responsibility of notifying the CITY immediately in the event of CONTRACTOR's failure to renew any of the required insurance coverages, or insurer's cancellation or non -renewal.

Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that CONTRACTOR's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross -liability exclusions.

Pass through clause. CONTRACTOR agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the Project by CONTRACTOR (hereinafter collectively "subcontractor"), provide the same minimum insurance coverage and endorsements required of CONTRACTOR under this Contract.

CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. However, in the event CONTRACTOR's subcontractor cannot comply with this requirement, which proof must be submitted to the CITY in writing, CONTRACTOR may still be able to utilize the subcontractor provided CONTRACTOR shall be required to ensure that its subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with subcontractor's scope of work and services, with limits less than required of the CONTRACTOR, but in all other terms consistent with the CONTRACTOR's requirements under this Contract. This provision does not relieve the CONTRACTOR of its contractual obligations under the Contract and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide CONTRACTOR with the ability to utilize a subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the CONTRACTOR under this Contract given the limited scope of work or services provided by the subcontractor. CONTRACTOR agrees that upon request, all agreements with subcontractors, and others engaged in the project, will be submitted to CITY for review.

CITY's right to revise requirements. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONTRACTOR a ninety (90) -day advance written notice of such change. If such change

results in substantial additional cost to the CONTRACTOR, the CITY and CONTRACTOR may renegotiate CONTRACTOR's compensation.

Self -insured retentions. Any self -insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.

Timely notice of claims. CONTRACTOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR's performance under this Contract, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of its work on the Project.

ARTICLE VI ;EXECUTION)
A. CONTRACTOR shall indemnify, defend with legal counsel approved by CITY, and hold harmless CITY, its officers, officials, employees, and volunteers ("Indemnified Parties") from and against all claims for and actual liabilities, losses, damages, expenses, costs (including without limitation reasonable attorney's fees, expert fees, and all other costs and fees of litigation) of every nature relating to, arising out of or in connection with CONTRACTOR's, its officers, agents, employees, or subcontractors (or any agency or individual that CONTRACTOR shall bear the legal liability thereof) negligence, recklessness or willful misconduct in the performance of work on and/or connected with the Project or its failure to comply with any of its obligations contained in this Contract, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the Indemnified Parties. Should conflict of interest principles preclude a single attorney from representing both CITY and CONTRACTOR, or should CITY otherwise find CONTRACTOR's attorney unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable attorney's fees, expert fees, and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the Indemnified Parties with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR's negligent, reckless, or wrongful act, omission or performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Contract.

B. CONTRACTOR's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by Indemnified Parties. However, without affecting the rights of Indemnified Parties under any provision of this Contract, CONTRACTOR shall not be required to indemnify and hold

harmless Indemnified Parties for liability attributable to the sole or active negligence or willful misconduct of Indemnified Parties, provided such sole or active negligence or willful misconduct is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where Indemnified Parties are shown to have been solely or actively negligent or to have acted with willful misconduct and where Indemnified Parties' sole or active negligence or willful misconduct accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the sole or active negligence or willful misconduct of Indemnified Parties.

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

ARTICLE VIII (COMPLETION DATE)
The CONTRACTOR shall complete all work, in every detail within one hundred thirty- five (135) working days from the effective date of the Notice -to -Proceed with the Work to be issued by the CITY.

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

ARTICLE X (PREVAILING WAGES;
(a) CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1773.8, which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. (b) By the execution of this Contract, CONTRACTOR hereby certifies that it is registered with the California Department of Industrial Relations as required pursuant to Labor Code Section 1725.5 (contractor registration).
(c) CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The CONTRACTOR shall, as a penalty to the CITY, forfeit no more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the

Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by CONTRACTOR or by a subcontractor. (d) CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1776 which requires CONTRACTOR and each subcontractor to (i) keep accurate payroll records, (ii) certify and make such payroll records available for inspection as provided by Section 1776, and (Hi) inform the CITY of the location of the records.

CONTRACTOR is responsible for compliance with Section 1776 by itself and all of its subcontractors.
(e) CONTRACTOR agrees to comply with the provisions of California Labor Code Section 17775 concerning the employment of apprentices on public works projects, and further agrees that CONTRACTOR is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
(f) CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours without approval of the CITY. CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the CONTRACTOR or by any subcontractor for each calendar day or portion thereof during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. CONTRACTOR may, with the approval of the Director of Public Works/Facilities, or their designee, use its employees to carry out work on the Project beyond the normal eight (8) hour workday and on Saturdays, Sundays and Holidays provided the employees are paid at the following hourly rates:

Week days (Monday through Friday) after eight (8) hours daily and not to exceed twelve (12) hours daily total per day and not exceeding forty- eight (48) hours work in a seven (7) day period week at one and one- half (1.5) times the prevailing hourly wage for the initial eight (8) hours of regular work time for the time worked after the initial eight (8) hours regular time.

Saturdays, Sundays and Holidays for time worked after forty (40) hours of regular work time in a seven (7) day period week at the rate of two (2.0) times the prevailing hourly wage for the initial eight (8) hours of regular weekday work time and not to exceed a total of forty-eight (48) hours of work within the seven (7) day work week period. (g) California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR hereby certifies as follows:

"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to under self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract"

ARTICLE XI (PROMPT PAYMENT)
Prompt Progress Payment to Subcontractors
Attention is directed to Section 7108.5 of the California Business and Professions Code, which requires a prime CONTRACTOR or subcontractor to pay any subcontractor not later than ten (10) days of receipt by CONTRACTOR of each progress payment, unless otherwise agreed to in writing.

ARTICLE XII (LIQUIDATED DAMAGES)
A. Pursuant to Government Code Section 53069.85, if work is not completed within durations established for the individual activities as set forth in the Contract Documents, it is understood, acknowledged, and agreed CITY will suffer damage. It is therefore agreed that CONTRACTOR shall pay to CITY the sum of FIVE HUNDRED DOLLARS ($500.00) for each and every calendar day of delay beyond any completion schedule, construction schedule, or Project milestones established in or pursuant to the [Project Schedule], or beyond the time indicated in the Contract Documents for any individual Project activity.
(SIGNATURES ON NEXT PAGE)

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

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

Federal Tax Identification No.

Subscribed and sworn to this day of , 20

NOTARY PUBLIC
CITY:

Attested:

Approved as
to form:

City Manager
Date
City Clerk
Date
City Attorney

EXHIBIT "A"
"CONTRACT DOCUMENTS"
Due to size limitations, Contract Documents can be found in the below link:
httes:// www.bellc ardens.ora/Home/Components/RFP/RFP/280/304

FAITHFUL PERFORMANCE BOND
FOR

GARFIELD AVENUE AND EASTERN AVENUE INTERSECTION IMPROVEMENTS PROJECT FY 2022-2023
(CIP NO. 3881)
The CITY OF BELL GARDENS, hereinafter "City," entered into a Contract dated , 20 with hereinafter Contractor," for the
work described as follows:

Garfield Avenue and Eastern Avenue Intersection Improvements Project FY 2022-2023 (CIP No. 3881)
WHEREAS, said Contractor is required under terms of said Contract to furnish a bond for the faithful performance of said Contract; and
WHEREAS, the Contract is by reference made a part hereof.

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

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

As a condition precedent to the satisfactory completion of said Contract, the above obligation in said amount shall hold good for a period of one (1) year after the completion and acceptance of said work, during which time if the above -bounded Contractor, its heirs, executors, administrators, successors or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally protect the City from loss or damage made evident during said period of one (1) year from the date of acceptance of said work, and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligation in said sum shall remain in full force

and effect. However, anything in this paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Contractor remains.

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

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

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

By:

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

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

LABOR AND MATERIALS BOND
FOR

GARFIELD AVENUE AND EASTERN AVENUE INTERSECTION IMPROVEMENTS PROJECT FY 2022-2023
(CIP NO. 3881)
The CITY OF BELL GARDENS, hereinafter "City," has awarded to ,hereinafter "Contractor," a Contract for the work described as follows:

Garfield Avenue and Eastern Avenue Intersection Improvements Project FY 2022-2023 (CIP No. 3881)
WHEREAS, the Contractor is required by the Contract and by the provisions of Third Division, Part 4, Title 15, Chapter 7 of the Civil Code to furnish a bond in connection with the Contract, as hereinafter set forth.

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

THE CONDITION OF THIS OBLIGATION IS SUCH, THAT, if the Contractor, its heirs, executors, administrators, successors, and assigns or subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams, implements or machinery used in, upon, for or about the performance of the work contracted to be done, or shall fail to pay for any work or labor thereon of any kind, or shall fail to pay any persons named in Civil Code section 9100, or shall fail to pay for amounts due under the Unemployment Insurance Code with respect to such work or labor thereon of any kind, or shall fail to pay for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work or labor, and provided that the claimant shall have complied with the provisions of that code, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in the Contract; otherwise, the above obligation shall be void. In case suit is brought upon this bond, the Surety will pay reasonable attorneys' fees to the prevailing party to be fixed by the court.

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

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

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

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

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

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO:

FROM:

BY:

Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Bernardo Iniguez, Director of Public Works/Facilities
Douglas Benash, P.E., City Engineer
SUBJECT: Acceptance of the Various Residential Street Improvements, FY 2024/2025 (CIP No. 3940) as Complete
MEETING DATE: December 8, 2025
RECOMMENDATION:

It is staff's recommendation that the City Council:

1. Accept the construction contract for the Various Residential Street Improvements, FY 2024/2025 (CIP No. 3940) as complete, and

2. Authorize staff to file the Notice of Completion.

BACKGROUND / DISCUSSION:

On June 9, 2025, the City awarded the construction contract to Hardy & Harper, Inc. for the Various Residential Street Improvement, FY 2024/2025 (the "Project") in the amount of $1,560,752.00, which included the base bid and bid additive A. The scope of work consisted of excavation and cold milling of existing asphalt concrete (AC) pavement, removal of AC pavement, reconstruction of AC pavement, reconstruction of sidewalks, driveways, curb ramps, concrete bus pads, and curb and gutter, loop detection installation, adjustment of utility manhole frames and covers to finished grade, striping and markings, construction survey, and material testing.

The general location and limit of the work is as follows:
• Lanto Street from Jaboneria Road to Darwell Avenue
• Foster Bridge Boulevard from Kress Avenue to Emil Avenue • Lubec Street from Marlow Avenue to Eastern Avenue
• El Selinda Avenue from Florence Avenue to Ludell Street • Jaboneria Road from Priory Street to Live Oak Street
• Ira Avenue from Priory Street to Fry Street
• Alley Between Scout Avenue & Gilliand Avenue from Gotham Street to Emil Avenue

Construction began on August 18, 2025, and on November 24, 2025, Hardy & Harper, Inc. substantially completed the construction of improvements for the Various Residential Street Improvements, FY 2024/2025 (CIP No. 3940). The Project was completed in 42 working days. The Project inspector conducted the final inspection, reviewed the Project documents, and determined that the Project was completed satisfactorily and in conformance with the Project's plans and specifications. The final total construction cost was $1,548,909.90.

CONCLUSION:

The City Council's acceptance of the Project as complete is required to allow the City Clerk to file the Notice of Completion with the LA County Registrar -Recorder.

FISCAL IMPACT:

The City's FY25/26 capital improvement project budget allocated $1,245,168 in Measure R and Measure M funds. Furthermore, the City Council approved an additional appropriation of $200,000 in Measure M funds, $303,000 in Measure R funds, and $250,000 in Prop C funds to cover all construction and project management costs, including contingency. The total Project budget was $1,998,168, and the final Project cost was $1,817,656.90, including design, construction management, project management and construction. The Project was completed within budget. The unused balances will be returned to their respective funds.

Project budget:

Measure R
$ 975,735.00
Measure M
$ 772,433.00
Prop C Local Return
$ 250,000.00

TOTAL BUDGET
$ 1,998,168.00
Project costs:

Design
$ 89,313.00
Geotechnical and Topographic Survey
$ 15,997.00
Project Management
$ 57,819.00
Construction Management and Inspections
$ 82,631.00
Funding Administration
$ 21,682.00
Publication & Misc.
$ 1,305.00
Actual Construction Cost - Base Bid
$ 1,029,672.34
Actual Construction Cost - Additive Bid A
$ 519,23T56
Contingency
$ -

TOTAL PROJECT COST
$ 1,817,656.90
APPROVALS:

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

RECORDING REQUESTED BY

CITY OF BELL GARDENS

AND WHEN RECORDED MAIL TO

NAME CITY OF BELL GARDENS

CITY CLERK
STREET 7100 S. GARFIELD AVE

ADDRESS
CITY BELL GARDENS, CA 90201
STATE
ZIP

SPACE ABOVE LINE FOR RECORDER'S USE

NOTICE OF COMPLETION
Notice is hereby given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:

2. The full name of the owner is City of Bell Gardens

3. The full address of the owner is 7100 S. Garfield Avenue, Bell Gardens, CA 90201

4. The nature of the interest or estate of the owner is: in fee. (if other than Fee, strike "In fee" and insert, for example, "purchaser under contract of purchase", or "lessee")

5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:

NAMES ADDRESSES

6. A work of improvement on the property hereinafter described was substantially completed on 11/24/2025. The work done was:

Various Residential Street Improvements FY 24-25 (CIP No 3940).

7. The names of the contractor, if any, for such work of improvement was Hardy and Harper, Inc. 06/09/2025
(If no contractor for work of improvement as a whole, insert "None") (Date of Contract)

8. The property on which said work of improvement was completed is in the City of Bell Gardens County of Los Angeles, State of CA and is described as follows: Various Locations in the City of Bell Gardens

9. The street address of said property is Exhibit A
(If no street address has been officially assigned, insert "none".) Dated Michael B. O'Kelly,
City Manager
(Signature of Owner or corporate officer of Owner named in paragraph 2, or his agent)

VERIFICATION
I, the undersigned, say: I am the City Clerk of the City of Bell Gardens, the declarant of the foregoing Notice of Completion:

I have read said Notice of Completion and know the contents thereof; the same is true to my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on at Bell Gardens, CA
Daisy
Gomez, City Clerk
(Personal signature of the individual who is swearing that the contents of the Notice of Completion are true)

Exhibit A
The project limits for the Various Residential Streets FY 2024/25 are as follows:
• Lanto Street from Jaboneria Road to Darwell Avenue
• Foster Bridge Boulevard from Kress Avenue to Emil Avenue • Lubec Street from Marlow Avenue to Eastern Avenue
• El Selinda Avenue from Florence Avenue to Ludell Street • Jaboneria Road from Priory Street to Live Oak Street
• Ira Avenue from Priory Street to Fry Street
• Alley Between Scout Avenue & Gilliand Avenue from Gotham Street to Emil Avenue

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
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 Service First for the John Anson Ford Park Regional Aquatics Center Swimming Pool Maintenance
MEETING DATE: December 8, 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 Service First for the John Anson Ford Park Regional Aquatics Center Swimming Pool Maintenance.

BACKGROUND / DISCUSSION:

The Public Works Department has a need to service and maintain the newly constructed swimming pools and equipment/surge chamber room in the John Anson Ford Park Regional Aquatics Center (Aquatics Center) that opened in October 2025. The Aquatics Center is located at 7950 Scout Avenue. The Aquatics Center includes three (3) swimming pools: a 50 -meter competition pool, an activity pool, and a therapy pool. The pool facility is tentatively scheduled to be open from 8:00 a.m. to 8:00 p.m. year-round.

The pool maintenance services (the "Services") will occur multiple times on a routine basis throughout the year. Services will include routine preventative maintenance, equipment maintenance, and on -call responses to troubleshoot equipment issues on an as -needed basis.

On October 16, 2025, Public Works released a Request for Proposals for the John Anson Ford Park Regional Aquatics Center Swimming Pool Maintenance ("RFP") to qualified firms to service and maintain the newly constructed swimming pools and equipment/surge chamber room. On October 28, 2025, the City issued Addendum No. 1 to extend the proposal deadline and to include a second mandatory pre -proposal meeting. On November 17, 2025, the City issued Addendum No. 2 to extend the proposal deadline, revise the proposal bid sheet and scope of work, and respond to requests for information.

On November 18, 2025, the City issued Addendum No. 3 to amend the scope of work and include the Equipment Room Plan as part of the RFP.

On November 20, 2025, the City received proposals from two (2) proposers as listed below in alphabetical order:

• Service First
• USA Management LLC
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 December 3, 2025, a panel consisting of Public Works and Recreation and Community Services 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 Service First
73 2
USA Management LLC
40 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 Service First
$258,600
2 USA Management LLC
$216,120
In determining a recommendation, staff emphasizes that expertise, project approach, qualifications, and costs are important factors to consider. Although Service First's cost is higher than USA Management LLC's cost, Service First's proposal demonstrated that it understands the City's demands and requirements, they have developed a solid reputation for providing outstanding services, and their proposal rating is considerably higher than USA Management LLC's rating.

CONCLUSION:

Based on Service First's proposal rating, staff is recommending that the City Council award Service First a three (3) year Contract Services Agreement with up to two (2) optional one-year extensions.

FISCAL IMPACT:

The annual City's FY2025-2026 budget includes $287,000 in the General Fund Contractual Services account to cover the cost of maintenance of the Aquatics Center.

APPROVALS:

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

RESOLUTION NO. 2025-120

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

SERVICE FIRST FOR THE JOHN ANSON FORD PARK REGIONAL

AQUATICS CENTER SWIMMING POOL MAINTENANCE
WHEREAS, the City of Bell Gardens ("City") has a need to service and maintain the newly constructed swimming pools and equipment/surge chamber room in the John Anson Ford Park Regional Aquatics Center; and
WHEREAS, as part of its maintenance operations, the City addresses its swimming pool maintenance services through a Contract Services Agreement; and WHEREAS, in accordance with Bell Gardens Municipal Code Section 3.04.105, on October 16, 2025, the City released a Request for Proposals for the John Anson Ford Park Regional Aquatics Center Swimming Pool Maintenance ("RFP"); 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 Service First 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 Service First for the John Anson Ford Park Regional Aquatics Center Swimming Pool Maintenance.

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.

SECTION 2. The City Council hereby approves a Contract Services Agreement for the John Anson Ford Park Regional Aquatics Center Swimming Pool Maintenance by and between the City and Service First in an annual not -to -exceed sum of $258,600 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 Service First, consistent with this

Resolution No. 2025-120
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 8th day of December, 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

Resolution No. 2025-120
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 December 8, 2025, and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Daisy Gomez
City Clerk
3 of 3

2025

CONTRACT SERVICES AGREEMENT
(Contractor: Service First)
(Nature of Engagement: John Anson Ford Park Regional Aquatics Center Swimming Pool Maintenance)
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 SERVICE FIRST (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 maintenance services for the John Anson Ford Park Regional Aquatics Center swimming pools; 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 December 8, 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 swimming pool 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 John Anson Ford Park Regional Aquatics Center Swimming Pool Maintenance Services" (hereinafter the "CITY RFP") dated October 16, 2025, and the written proposal of CONTRACTOR entitled "Service First Proposal" (hereinafter, the "CONTRACTOR PROPOSAL") and dated November 10, 2025. The CITY RFP and the CONTRACTOR PROPOSAL are attached and incorporated hereto as Exhibit "A" and "B" respectively. The term "Scope of Work" shall be a collective reference to the CITY RFP and the CONTRACTOR PROPOSAL. The capitalized term "Work" shall be a collective reference to all the various services and tasks referenced in the Scope of Work.

In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONTRACTOR PROPOSAL, the requirements of the document entitled CITY

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

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

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

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

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

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

SECTION 2. TERM.

A. This Agreement shall have a term of three (3) years commencing as of the Effective Date (hereinafter, the "Term"). The Term of the Agreement may be extended by the CITY subject to its same terms and conditions for a maximum of two (2) one-year extensions, provided the CITY issues written notice of its intent to extend the Term of the Agreement prior to the expiration of the initial Term.

B. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY's ability to terminate this Agreement at any time for convenience or for cause.

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

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

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

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

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

SECTION 3. PROSECUTION OF WORK.

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

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

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

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

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

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

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

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

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

SECTION 4. COMPENSATION.

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

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

exceed the annual sum of TWO HUNDRED FIFTY-EIGHT THOUSAND SIX HUNDRED DOLLARS ($258,600) (hereinafter, the "Annual Not -to -Exceed Sum").

CONTRACTOR further agrees that the Annual Not -to -Exceed Sum is inclusive of compensation for all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall have no right or entitlement to any overage contingency sums authorized by the City Council unless the City Representative authorizes the expenditure of such overage contingency funds in writing in the City Representative's sole and absolute discretion.

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

SECTION 5. STANDARD OF CARE.

A. CONTRACTOR represents, acknowledges and agrees as follows:

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

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

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

4. CONTRACTOR shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONTRACTOR's compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization;
4

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.
5

SECTION 6. REPRESENTATIVES.

A. City Representative. For the purposes of this Agreement, the contract administrator and CITY's representative shall be Bernardo Iniguez, Director of Public Works/Facilities (hereinafter, the "City Representative"). It shall be CONTRACTOR's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and CONTRACTOR shall refer any decisions which must be made by CITY to the City Representative.

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

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

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

SECTION 7. CONTRACTOR'S PERSONNEL.

A. CONTRACTOR represents that it has, or will secure at its own expense, all personnel required to perform the Work and all other services and tasks necessary for CONTRACTOR to competently and timely complete the improvements contemplated under this Agreement. All Work, services and tasks will be performed under CONTRACTOR's supervision, and CONTRACTOR's personnel engaged in the performance of the work, services and tasks contemplated under this Agreement shall possess the qualifications, permits and licenses required by applicable law to perform such work, services and tasks.

B. CONTRACTOR shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Work.

CONTRACTOR shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the CONTRACTOR's performance of the Work, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against CITY hereunder.

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

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 6

desire of CITY for the removal of such person or persons.

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

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

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

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

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

1. In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the Work shall constitute a legal day's work under this Contract. CONTRACTOR and any subcontractor shall pay workers overtime pay (not less than 1 1/2 times the base rate of pay) as required by California Labor Code Section 1815. CONTRACTOR and any subcontractor shall, as a penalty to the CITY, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation to the provisions of Article 3 of Chapter 1 of Part 7, Division 2 of the California Labor Code, which is incorporated by this reference as though fully set forth herein.

2. Pursuant to the provisions of California Labor Code, Sections 1770 et. seq., CONTRACTOR and any subcontractor under CONTRACTOR shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Pursuant to the provisions of California Labor Code Section 1773.2, CONTRACTOR is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing 7

rate for holidays, Saturdays and Sundays and overtime work in the locality in which the work is to be performed for each craft, classification, or type of worker required to execute the Contract, are on file at the Public Works Yard, which copies shall be made available to any interested party on request.

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

B. As required by Section 1773.1 of the California Labor Code, CONTRACTOR shall pay travel and subsistence payments to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Section.

C. To establish such travel and subsistence payments, the representative of any craft, classification, or type of workman needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within ten (10) days after their execution and thereafter shall establish such travel and payments.

D. CONTRACTOR shall comply with the provisions of Section 1775 of the California Labor Code and shall, as a penalty to CITY, forfeit up to fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract. CONTRACTOR shall pay each worker an amount equal to the difference between the prevailing wage rates and the amount paid worker for each calendar day or portion thereof for which a worker was paid less than the prevailing wage rate. CONTRACTOR is required to pay all applicable penalties and back wages in the event of violation of prevailing wage law, and CONTRACTOR and any subcontractor shall fully comply with California Labor Code Section 1775, which is incorporated by this reference as though fully set forth herein.

E. CONTRACTOR and any subcontractor shall maintain and make available for inspection payroll records as required by Labor Code Section 1776, which is incorporated by this reference as though fully set forth herein. CONTRACTOR is responsible for ensuring compliance with Labor Code Section 1776 and shall keep accurate payroll records containing all such information as maybe called for under Labor Code Section 1776 and other applicable provisions of State law.

F. CONTRACTOR and any subcontractors shall, when they employ any person in any apprenticeable craft or trade, apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the work site for a certificate approving CONTRACTOR or subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected; and shall comply with all other requirements of Section 1777.5 of the California Labor Code, which is incorporated by this reference as though fully set forth herein. The responsibility of compliance with California Labor Code Section 1777.5 during the performance of this contract rests with CONTRACTOR. Pursuant to California Labor Code Section 1777.7, in the event CONTRACTOR knowingly fails to comply with the provisions of California Labor 8

Code Section 1777.5, civil penalties will be assessed. CONTRACTOR shall also 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 9

consideration contingent upon or resulting from the award or making of this Agreement.

For breach or violation of this warranty, CITY shall have the absolute and unfettered right to rescind this Agreement without liability or penalty. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

SECTION 11. INDEPENDENT CONTRACTOR.

A. All acts of CONTRACTOR, its agents, officers, subcontractors and employees and all others acting on behalf of CONTRACTOR relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONTRACTOR, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. CONTRACTOR has no authority or responsibility to exercise any rights or power vested in CITY. No agent, officer, or employee of CITY is to be considered an employee of CONTRACTOR. It is understood by both CONTRACTOR and CITY that this Agreement shall not, under any circumstances, be construed or considered to create an employer -employee relationship or a joint venture.

B. CONTRACTOR, its agents, officers, subcontractors and employees are and, at all times during the Term of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY.

C. CONTRACTOR shall determine the method, details and means of performing the Work. CONTRACTOR shall be responsible to CITY only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to CITY's control with respect to the physical action or activities of the CONTRACTOR in fulfillment of this Agreement.

CONTRACTOR has control over the manner and means of performing the services under this Agreement. CONTRACTOR is permitted to provide services to others during the same period as it provides services to CITY under this Agreement. If necessary, CONTRACTOR has the responsibility for employing other persons or firms to assist CONTRACTOR in fulfilling the terms and obligations under this Agreement.

D. If in the performance of this Agreement any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONTRACTOR.

E. It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONTRACTOR nor CONTRACTOR'S assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of CITY in any capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever.

F. As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY 10

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

SECTION 12. CONFLICTS OF INTEREST. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with CONTRACTOR in connection with this project. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any CITY ordinance, state law or federal statute.

CONTRACTOR agrees that a clause substantially similar to this Section shall be incorporated into any sub -contract that CONTRACTOR executes in connection with the performance of this Agreement.

SECTION 13. NON-DISCRIMINATION. During the performance of this Agreement, CONTRACTOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decision making or military and veteran status.

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

CONTRACTOR and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12900 et seq.). The applicable regulations of the Fair Employment and Housing Act, set forth in Part 2.8, Division 3, of Title 2 of the Government Code are incorporated into this Contract by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. This CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform the Work under this Agreement.

SECTION. 14. INDEMNIFICATION.

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, 11

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 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 12

any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. CONTRACTOR agrees that CONTRACTOR's covenant under this Section shall survive the termination of this Agreement.

E. CONTRACTOR shall fully comply with the workers' compensation laws regarding CONTRACTOR and CONTRACTOR's employees. CONTRACTOR further agrees to indemnify and hold CITY harmless from any failure of CONTRACTOR to comply with applicable workers' compensation laws. CITY shall have the right to offset against the amount of any fees due to CONTRACTOR under this Agreement any amount due to CITY from CONTRACTOR as a result of CONTRACTOR's failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.

SECTION 15. INSURANCE.

A. CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:

1. 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, Two Million Dollars ($2,000,000) 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 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 13

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. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the Agency's Risk Manager.

D. CONTRACTOR agrees that if it does not keep the insurance required in this Agreement in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONTRACTOR'S expense, the premium thereon.

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

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

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

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

H. 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 14

contain such provisions.

I. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against CITY and shall require similar written express waivers and insurance clauses from each of its subconsultants.

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.

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.

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 15

termination. Such termination for convenience shall be made in writing signed by the City Manager. CONTRACTOR may only terminate this Agreement for cause.

B. Termination for Cause. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth in this Section or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement. An Event of Default shall include, but shall not be limited to the following: (i) CONTRACTOR's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (ii) CONTRACTOR's and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (iii) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONTRACTOR, whether voluntary of involuntary; (iv) CONTRACTOR's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (v) CITY's discovery that a statement representation or warranty by CONTRACTOR relating to this Agreement is false or erroneous in any material respect, including any statement, representation or warranty set forth in the Equipment Specifications.

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

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

Prior to the expiration of the 3 -day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3 -day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds seven (7) calendar days from the end of the initial 3 -day cure period; or ii. Within thirty (30) calendar days of CITY's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 30 -day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a 16

showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30 -day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 30 -day cure period.

If an Event of Default relates to a material falsehood or misrepresentation set forth in Exhibit "B" that is not susceptible to a cure, CITY in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver of a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by CITY.

2. Except as otherwise specified in this Agreement, CITY shall cure any Event of Default asserted by CONTRACTOR within thirty (30) calendar days of CONTRACTOR's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 30 -day cure period. Prior to the expiration of the 30 -day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30 -day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY's failure to timely pay any undisputed sums to CONTRACTOR shall be cured by CITY within five (5) calendar days from the date of CONTRACTOR's Default Notice to CITY.

3. CITY, in its sole and absolute discretion, may also immediately suspend CONTRACTOR's performance under this Agreement (or the performance of any specific task or function performed by CONTRACTOR under this Agreement) pending CONTRACTOR's cure of any Event of Default by giving CONTRACTOR written notice of CITY's intent to suspend CONTRACTOR's 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. 17

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 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.
18

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 Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: Bernardo Iniguez, Director of
Public Works/Facilities
Phone: 562-806-7700
Service First
2510 N. Grand Avenue
Suite #110
Santa Ana, CA 92705
Attn: Robert Wormus,
Project Manager
Phone: 714-788-4589
SECTION 20. PROHIBITION. CONTRACTOR shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY's prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.

SECTION 21. ATTORNEY FEES. In the event that CITY or CONTRACTOR commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees.

SECTION 22. ENTIRE AGREEMENT. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. Except as expressly provided in this Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail and control. This instrument contains the entire Agreement between CITY and CONTRACTOR with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties.

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

SECTION 23. GOVERNING LAW; JURISDICTION. This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that 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 19

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 SERVICE FIRST
corporation
By: By:

Michael B. O'Kelly
City Manager Name:

Date: Title:

Date:

APPROVED AS TO FORM:

By:

Stephanie Vasquez
City Attorney
Date:
21

EXHIBIT "A"

CITY RFP
22

REQUEST FOR PROPOSALS
FOR

JOHN ANSON FORD PARK REGIONAL AQUATICS CENTER

SWIMMING POOL MAINTENANCE SERVICES
RFP Release Date
Thursday, October 16, 2025
Proposal Submittal Deadline
5:00 p.m., Tuesday, November 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

TABLE OF CONTENTS
I. BACKGROUND AND GENERAL INFORMATION 3
II. SUBMITTAL PROCEDURES/DEADLINE 4
III. SCHEDULE 5
IV. DEFINITIONS, TERMS, AND CONDITIONS 5
V. SCOPE OF WORK 10
VI. PROPOSAL FORMAT AND CONTENT REQUIREMENTS 17
VII. EVALUATION CRITERIA 20
VII. ATTACHMENTS:

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

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 has a need to service and maintain the newly constructed swimming pools and equipment/surge chamber room in the John Anson Ford Park Regional Aquatics Center (Aquatics Center) that opened in October 2025. The Aquatics Center is located at 7950 Scout Avenue, BeII Gardens, CA 90201. The Aquatics Center includes three (3) swimming pools: a 50 -meter competition pool, an activity pool, and a therapy pool.

The pool facility is tentatively scheduled to be open from 8:00 a.m. to 8:00 p.m. year-round.

The Pool Maintenance Services (the "Services") will occur multiple times on a routine basis throughout the entire year. Services will include preventative maintenance and equipment maintenance. On -call responses are required on an as -needed basis.

The City is seeking proposals from qualified Contractors with proven expertise to provide the requested Services. It is the intent of the City to select a single Contractor to provide the requested; however, the City reserves the right to select one or more Contractors to provide the requested 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 be licensed in the State of California with a valid Certified Pool Operator (CPO) or Aquatic Facility Operator (AFO) certification to perform the services included in this RFP, must hold a valid license by the State of California Contractors License Board and be a qualified Los Angeles County Department of Environmental Health (LACDEH) licensed pool maintenance Contractor to perform the necessary Services.
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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/DEADL
An electronic version of the proposal shall be emailed to citvclerkdesk(a�bellgardens.orq and biniquez(d bellgardens.orq no later than 5:00 p.m. on Tuesday, November 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 Tuesday, November 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 John Anson Ford Park Regional Aquatics Center Swimming Pool Maintenance Services." If the proposal includes any comments over and above the specific information requested in this RFP, such information should be included as a separate appendix and placed at the end of the proposal.

Postmarks 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 John Anson Ford Park Regional Aquatics Center Swimming Pool Maintenance Services Proposal" written below the address label and addressed as follows:

City Clerk's Office
Attention: Daisy Gomez, City Clerk
JAFP-RAC Swimming Pool Maintenance 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 [email protected] with a copy to Karla Gonzalez, Senior Management Analyst, at [email protected]. The deadline for written questions and inquiries is Tuesday, October 28, 2025, at 5:00 p.m. City Hall is open Monday through Thursday from 7:30 a.m.to 6:00 p.m.

Mandatory Pre -Proposal Meeting
A mandatory pre -proposal meeting will be held on Thursday, October 23, 2025 at 11:00 a.m. at the Aquatics Center, located at 7950 Scout Avenue, Bell Gardens, CA 90201. Prospective 4

proposers who do not attend the mandatory pre -proposal meeting will be deemed to be non -responsive and will have their proposals returned.

All times posted in pacific standard time (PST).

II. SCHEDUL
The tentative schedule* for this RFP is as follows:

Release of RFP
Thursday, October 16, 2025
Mandatory Pre -Proposal Meeting
Thursday, October 23, 2025 at 11:00 a.m.

Deadline for Questions
Tuesday, October 28, 2025 at 5:00 o.m.

Proposal Due Date
Tuesday, November 4, 2025 at 5:00 D.m.

Proposer Interviews (if necessary)
Wednesday, November 12, 2025
**City Council Recommendation of Award
Monday, December 8, 2025
Start of Maintenance Services
Week of December 8, 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.bellcardens.orc/i-want-to/view-bids-rfps/rfps-and-bids . ** Proposer must be available on Monday, December 8, 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 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. 5

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.

All proposals, with associated costs, shall be considered valid and binding on the Proposer 6

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 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
BeII 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 7

in this RFP. Only written requirements and qualifications will be considered. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions, or specifications stated in the resulting Contract Services Agreement.

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

G. Reservations
The City reserves the right to accept or reject any or all responses received in response to this RFP. The City also reserves the right to waive any informality, technical defect or clerical error or irregularity in any response. The City's potential award of a Contract Services Agreement will not be based on any single factor, nor will it be based solely or exclusively on the lowest cost proposal. If 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.
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J. Funding
The City operates and is funded on a fiscal yearly basis. Accordingly, the City reserves the right to terminate, without any liability, any agreement for which funding is not available.

K. Negotiations
Negotiations may be conducted with responsible Proposers who submit a proposal that is reasonably susceptible to being selected. All Proposers reasonably susceptible of being selected based on criteria set forth in this RFP may be given an opportunity to make a presentation and/or interview. Although this process will ultimately result in the award of a single 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.

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 "C") 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 9

Department of Industrial Relations (DIR) or a federal agency require the paying of such prevailing wages to certain classifications during the term of the Contract Services Agreement.

5. Surety Bonds
If required by the State of California, the Contractor will provide the following bonds:

A. Performance Bond. The selected Contractor will execute and provide to the City a Performance Bond in the amount of the annual total not -to -exceed sum, at the time of execution of the Contract Services Agreement. The Performance Bond will be in a form approved by the City. No payment will be made to the Contractor until the Performance Bond has been received and approved by the City.

B. Labor and Materials Bond. The selected Contractor will execute and provide to the City a Labor and Materials Bond in the amount of the annual total not -to - exceed sum, at the time of execution of the Contract Services Agreement. The Labor and Materials Bond will be in a form approved by the City. No payment will be made to the Contractor until the Labor and Materials Bond has been received and approved by the City.

V. SCOPE OF WORK
This Request for Proposals is for professional pool maintenance services in the City of Bell Gardens. These specifications are intended to cover all labor, material, and standards of pool maintenance 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.

The Contractor will be required to perform and complete the proposed pool 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. The Scope of Work is as follows:

1. Contractor's Responsibility
• Physical On -Site Visit
o Contractor shall provide and schedule pool technicians for physical routine site visits.
• Pool Technicians
o Contractor will have at least three (3) Pool Technicians that have their LACDEH swimming pool technician license with a minimum of three (3) year experience 10

servicing pools of the same size. Copy of the license will be provided to the City at the time of RFP submittal, and annually for the duration of the contract. o Contractor's employees must be dressed professionally with company marked uniforms.
• Hours of Service
o Service will be performed three (3) times per week from June to August and two (2) times per week from September to May. Service per week may increase depending on demand and use of the pool. Service visits will be from 6 a.m. to 8 a.m. before the pool opens for the public, Monday through Friday. • Pool Maintenance Each Visit:
o Start up and calibrate pool controller.
o Achieve water balance (alkalinity/calcium hardness/pH). o Achieve water clarity (metal out/water clarifier).
o Brush pool surfaces.
o Ensure pool reached chlorine and pH balances for opening inspection. o Fill pools to appropriate levels.
o Take temperature of water in all pools and log results. Adjust, as necessary. o Vacuum pools to desired cleanliness.
o Wash, clean, apply protectant to exterior of slides' plastic/fiberglass fixtures. o Adjust variable drive pumps needed.
o Maintain proper water chemistry:
• Test pH, Chlorine, Calcium, Alkalinity and Stabilizer levels and log results. • Load chemical feeders and add calcium, bi-carb and other chemicals to pool as needed.
• Program, calibrate and clean chemical automation systems as needed. o Clean pump strainer baskets each trip or as needed.
o Backwash filter systems as needed.
o Clean pool skimmer baskets each trip or as needed.
o Consult with the City's Public Works Parks & Facilities Supervisor regarding pool operations and/or needed repairs/improvements.
• Water Management:
o Provide annual operations training to City staff as directed. o Maintain sufficient inventory of pool chemicals.
o Provide telephone consultation, as needed, for any water clarity, water chemistry and/or mechanical issues that may arise.
o Ensure that all Los Angeles County Environmental Health Department requirements are met for annual inspections.
o Perform a full water analysis twice a month and make recommendations to the City Representative.
• Chemical Requirements
o Contractor will provide all chemicals; chlorine must be pre -diluted off site. Diluting on site is prohibited. Awarded Contractor must supply all chemicals to maintain 11

a proper pool water balance. Adequate supplies must be on hand, so chemical requirements are always able to be fulfilled.
o Contractor will have limited space in the Equipment Room to store supplies. o Each pool facility must have secondary chlorine container no larger than 5 gallons to treat the pool in case of a fecal accident. Contractor must maintain more than one chemical supplier to ensure the contractor has adequate stock or access to always required chemical supplies.
o Provide complete domestic water analysis to determine quantities and types of chemicals necessary to maintain pool water within the following levels:
• pH: 7.2 to 7.6
• Alkalinity: 80 to 100 ppm
• Calcium hardness: 200 to 400 ppm
• Chlorine: 1.5 to 2.0 ppm
• Total dissolved solids: 300 to 1,000 ppm
• Logbook
o Two (2) logbooks are required to be maintained by the Contractor. The template for both logbooks must be pre -approved by the City. LACDEH must be able to access these logbooks at any time, any day of the week. • Logbook #1 - The physical book must include pool water test readings, cleaning of pump baskets, backwash of filters and chemical use, recommended repairs, as well as any other pertinent information. This will include the LACDEH form. This logbook must always remain at the pool location and stored in the Equipment Room.
• Logbook #2 — This logbook will be electronic and shall be supplied by the Contractor. This logbook must be available to the City to view any time. • Reports
o Maintain and submit reports to the County of Los Angeles Health Department and any other agency if required.
• Automatic System
o Contractor is required to have an automatic system that continuously monitors the pool and sends alerts on the status of all systems. Contractor will keep electronic logs and notify the City Representative immediately of any issues. Issues will be addressed within 90 minutes.
• Emergency Services
o Contractor is required to provide troubleshooting and the expertise to fix existing equipment if the need arises. Provide a phone number that will be responded to at all hours, at any time of day and any day of the week. The call back should be less than 20 minutes. A 90 -minute in person response time is required under emergency circumstances.
• Subcontractor
o Contractor should NOT sub -contract any of the basic maintenance functions. o Should any service require a repair or replacement outside of the scope of the standard services required in this Request for Proposals, only then will 12

subcontracting or third -party services be acceptable. This must be pre -approved by the City's Director of Public Works/Facilities.
o The Contractor shall identify the fixed markup percent, if any, in response to this Request for Proposals and will be required to submit the subcontractor's invoices when non-standard services are provided to the City. • Training
Contractor's LACDEH Swimming Pool Technicians are required to view the operational training video provided by the General Contractor for the Aquatics Center. This training video will be viewed after the Contract Services Agreement is awarded.
• Equipment List
o The Contractor and its employees must have programming knowledge of the systems in use at the City's Aquatics Center. Below is the list of equipment:

A. ACID FEED PUMP —ACTIVITY POOL
52 gpd, model #Flexflo Al N1 OF -7T manufactured by Blue -White Industries, Ltd.

B. ACID FEED PUMP — SWIMMING POOL
100 gpd model #Flexflo A1A4-7T manufactured by Blue -White Industries, Ltd.

C. ACID FEED PUMP — THERAPY POOL
16 gpd model #Flexflo Al N1 OF -6T manufactured by Blue -White Industries, Ltd.

D. ACID STORAGE TANK
1,000 gallon capacity model #TC7485DC with FA and GB Series (Banjo) fittings manufactured by Chem-Tainer Industries and tank level gauge manufactured by Krueger Sentry.

E. CHEMICAL CONTROLLER (TYPICAL OF 3)
Model #PC5000 manufactured by Chemtrol.

F. CHLORINE FEED PUMP — ACTIVITY POOL
100 gpd model #Flexflo A1A4-7T manufactured by Blue -White Industries, Ltd.

G. CHLORINE FEED PUMP — SWIMMING POOL
381 gpd model #Flexflo A2A24-SNGG manufactured by Blue -White Industries, Ltd.
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H. CHLORINE FEED PUMP — THERAPY POOL
16 gpd model #Flexflo Al N1 OF -6T manufactured by Blue -White Industries, Ltd.

I. CHLORINE STORAGE TANK - ACTIVITY POOL
1,000 gallon capacity model #TC7485DC with FA and GB Series (Banjo) fittings manufactured by Chem-Tainer Industries and tank level gauge manufactured by Krueger Sentry.

J. CHLORINE STORAGE TANK - SWIMMING POOL
500 gallon capacity model #TC5971 DC with FA and GB Series (Banjo) fittings manufactured by Chem-Tainer Industries and tank level gauge manufactured by Krueger Sentry.

K. CIRCULATION PUMP - ACTIVITY POOL
End suction centrifugal pump, 15 hp, 480 volt, TEFC enclosure, and 475 gpm @ 75 feet of head. Model 30957 LC manufactured by Paco Pumps.

L. CIRCULATION PUMP - SWIMMING POOL
End suction centrifugal pump, 40 hp, 480 volt, and 1,810 gpm @ 60 feet of head. Model 60951 LC manufactured by Paco Pumps.

M. CIRCULATION PUMP - THERAPY POOL
End suction centrifugal pump, 3 hp, 480 volt, TEFC enclosure, and 130 gpm @ 60 feet of head. Model 15507 LC manufactured by Paco Pumps.

N. CIRCULATION PUMP STRAINER — ACTIVITY POOL
Model STR-0808-FRP and STR-BSK-B-FRP manufactured by Aquify.

O. CIRCULATION PUMP STRAINER - SWIMMING POOL
Model STR-1212-FRP and STR-BSK-C-FRP manufactured by Aquify.

P. CIRCULATION PUMP STRAINER — THERAPY POOL
Model STR-0404-FRP and STR-BSK-A-FRP manufactured by Aquify.

Q. FILTER — ACTIVITY POOL
Regenerative perlite media type with single stainless -steel tank having a total filter area of 381 square feet complete with automatic controller and vacuum transfer system. Model #BSG 30 manufactured by Aqua Revival.

R. FILTER — SWIMMING POOL
Regenerative perlite media type with single stainless -steel tank having a total filter area of 1,667 square feet complete with automatic controller and vacuum transfer system. Model #BSG 60 manufactured by Aqua Revival. 14

S. FILTER — THERAPY POOL
Regenerative perlite media type with single stainless -steel tank having a total filter area of 150 square feet complete with automatic controller and vacuum transfer system. Model #BSG 20 manufactured by Aqua Revival.

T. FLOW METER — CHEMICAL BYPASS
Model #8150 and #515 manufactured by Signet.

U. FLOW METER — HEATER BYPASS (TYPICAL OF 3'
Model #8150 and #515 manufactured by Signet.

V. FLOW SENSOR (TYPICAL OF 3)
Model #2551 manufactured by Signet.

W. HEATER — ACTIVITY POOL
Indirect heater with gross input 1,500,000 BTU/hr with gross output 1,455,000 BTU/hr. Model #XTherm Indirect 1505A manufactured by Raypak.

X. HEATER — SWIMMING POOL (TYPICAL OF 2)
Indirect heater with gross input 1,999,000 BTU/hr with gross output 1,939,000 BTU/hr. Model #XTherm Indirect 2005A manufactured by Raypak.

Y. HEATER — THERAPY POOL
Cold water run heater with gross input 500,000 BTU/hr with gross output 415,000 BTU/hr. Model #MVB P -504A manufactured by Raypak.

Z. UV SYSTEM — ACTIVITY POOL
Four 320 watt UV -C lamps certified for 566 gallon per minute flow. Model #CLP64A8-XN manufactured by Pentair Pool Products.

AA. UV SYSTEM - SWIMMING POOL
Four 320 watt UV -C lamps certified for 566 gallon per minute flow. Model # CLP64A8-XN manufactured by Pentair Pool Products.

BB. UV SYSTEM — THERAPY POOL
Four 130 watt UV -C lamps certified for 151 gallon per minute flow. Model #CPV522921 manufactured by Pentair Pool Products.

CC. VARIABLE FREQUENCY DRIVE (TYPICAL OF 3)
Model Acu Drive XS, manufactured by Pentair Pool Products. 15

DD. WATERSLIDE PUMP
End suction centrifugal pump, 15 hp, 480 volt, TEFC enclosure, and 950 gpm @ 42 feet of head. Model 50957 LC manufactured by Paco Pumps.

EE. WATERSLIDE PUMP STRAINER
Model STR-1006-FRP manufactured by Aquify.

2. Preventative Maintenance
• Bi-Annual Scope of Work
o Inspect and if needed, rebuild all the chemical injection pumps or replace them if needed.
o Inspect and if needed, replace all chemical injection tubing with proper high pressure Polyethylene tubing using proper non -corrosive high-pressure fittings. o Inspect surge pit including water level controls and tightening modulating float systems as needed.
o Maintenance on automated chemical control systems, the chlorine and acid systems, the pool water autofill systems and other ancillary systems; and Maintenance of pool heaters.
• Annual Scope of Work
o Open and inspect filter media.
o Replace all tubing not listed in the bi-annual checks on all chemical, sample stream and filter systems.
o Replace the pool water level controls if needed.
o Rebuild the pool water diaphragm fill valve.
o Rebuild any filter tank backwash valves as needed.
• Heater Maintenance Service
o The heater maintenance work will be performed by the City's HVAC maintenance contractor. However, the pool maintenance contractor will be responsible for ensuring the pool heaters are being properly maintained by the City's HVAC maintenance contractor, including but not limited to, ensuring all ongoing services, parts, and materials for the pool heaters are being upkept and in good working order. The pool maintenance contractor will be responsible for informing the City's HVAC maintenance contractor and the City's Public Works Parks & Facilities Supervisor when the pool heaters are not working correctly.

3. Required Work Plan and Methodology
Proposers must summarize on a separate sheet the specific tasks to be performed by the technician each week per the provisions of routine maintenance, noting other maintenance performed at other intervals (i.e., six months).

The City requires regular maintenance service on its swimming pools and pool equipment as listed above. This service will ensure the pools receive the proper chemical control, are monitored by a qualified company, are safe for continual use and that the pools maintain the 16

proper temperatures in compliance with the Los Angeles County Department of Public Health requirements.

The Contractor awarded a Contract Services Agreement will monitor all pools and equipment and provide a professional level of maintenance. The Contractor awarded a Contract Services Agreement will provide all basic labor, chemicals, parts and materials to provide the level of maintenance requested in this Request for Proposals. This Contract will include all normal ongoing maintenance on the swimming pools and includes maintenance of the pool equipment.

General exceptions are failures that cannot be addressed in a normal preventative schedule.

These exceptions would include circulation pump and motor failures, filter system tank or internal system failures and main chemical control system failures not due to neglected maintenance.

The Contractor awarded a Contract Services Agreement will provide monthly reports on pool and equipment status for each location as well as reporting on any system failures. System failures must be reported immediately to the City Representative.

The Contractor will also be responsible for providing troubleshooting and the expertise to fix existing equipment if the need arises. The Contractor will need to work around the scheduled user arrangements when servicing. The City will coordinate with the Contractor and have a minimum of 1 1/2 to 2 hours each week when the pools are free of swimmers to enable the Contractor to perform the required cleaning services.

Contractors are required to follow all the California Code of Regulations related to this contract including but not limited to Cal. Code Regs. Title 2265535- Public Pool Site Maintenance.

4. Extra Work
No new work of any kind shall be considered extra unless a separate estimate is given for the proposed work and the estimate is approved by the City Representative before the work is commenced.

The Scope of Work may be modified through negotiation and/or by written addendum after the Contract Services Agreement is approved.

VI. PROPOSAL FORMAT AND CONTENT REQUIREMENT
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 17

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.
c. Proposers must summarize on a separate sheet the specific tasks to be performed by the technician each week per the provisions of routine maintenance, noting other maintenance performed at other intervals (i.e., six months).

3. Management and Staffing:

Describe the management and staffing configuration to be utilized to complete each component of the scope of work. Describe the qualifications of staff to be assigned to the City, their title, and types and amount of equivalent experience. Resumes of all proposed 18

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 ten (10) years of experience providing pool maintenance services in California. Proposals that do not meet the minimum qualifications will be determined nonresponsive and ineligible for award.

The Proposer must provide evidence to show that the firm and members of the Proposer's project team possess the specific minimum experience, qualifications, competence, resources, and business integrity as specified in the scope of work that are necessary to carry out the work under the contract as expected.

Examples of evidence include, but are not limited to resumes, letters of reference, and project/service summaries that highlight the team's specific experience. b. A list of at least five (5) professional references, three (3) of which shall be from a municipal or public agency. This client reference list must be included as an appendix to the proposal and must include the following information for each reference listed: a) complete description of the work/services provided, b) the time period for the work/services provided, c) the name and contact information of the client, including telephone number and/or address, and d) the key managers and professionals assigned to the work/services. The information concerning the work/services provided for each respective client must be no more than five (5) years old.

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

6. Additions or Exceptions:
a. A single and separate section with the heading "ADDITIONS OR EXCEPTIONS TO THE CITY'S REQUEST FOR PROPOSAL" containing a complete and 19

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

7. Pending Litigation:

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

8. Insurance:

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

EVALUATION CRITERIA
The award of 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 an agreement cannot be reached with the highest ranked Proposer, City reserves the right to terminate negotiations with that party and enter negotiations with the next highest ranked Proposer.

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

1. Comprehension of the Recuest for Proposals (Max Score: 15 Points) This relates to the Proposer's basic understanding of the City's requested services and Proposer's ability to articulate a concise description of the role of the requested services.

2. Qualifications of Proposer (Max Score: 25 Points)
• Experience of the firm
• Staffing and resources
• Required License from the State of California's Contractors State License Board • Qualifications and experience of proposed personnel
20

• Familiarity with federal, State, and regional/local agency requirements.

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

4. Work Plan (Max Score: 20 Points)
This relates to Proposer's plan to implement the required pool maintenance services.

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

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

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

Factors such as, but not limited to, any of the following may be considered just cause to disqualify a response to the RFP without further consideration:
• Evidence of collusion, directly or indirectly, among 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 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.
21

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).
22

ATTACHMENT "A"

PROPOSAL BID SHEET
The undersigned, having examined the Request for Proposals for the JOHN ANSON FORD PARK REGIONAL AQUATICS CENTER SWIMMING POOL MAINTENANCE SERVICES and having visited the site and examined the conditions affecting the work, hereby proposes and agrees to furnish all labor, materials, equipment, and appliances, and to perform operations necessary to complete the work as required by said Request for Proposals and itemized bid schedule below. All routine work shall be performed two (2) times per week from June to August and three (3) times per week from September to May. City's fiscal year begins on July 1st and ends on June 30th.

Year One
Item 1
Item Description
Frequency
Weeks
Unit Price
Total Price
1 Pool Maintenance Service
from June to August
3 12
$
$
2 Pool Maintenance service
from Se.tember to Ma
2 40
$
$
Year One (1)
Grand Total
Year Two
Item 1
Item Description
Frequency
Weeks
Unit Price
Total Price
1 Pool Maintenance Service
from June to August
3 12
$
$
2 Pool Maintenance service
from Se.tember to Ma
2 40
$
$
..........

Year Two (2)
Grand Total
Year Three
Item 1
Item Description
Frequency
Weeks
Unit Price
Total Price
1 Pool Maintenance Service
from June to August
3 12
$
$
2 Pool Maintenance service
from Se.tember to Ma
2 40
$
$
i
Year Three (3)
Grand Total
Year Four (Optional
Item 1
Item Description
Frequency Weeks
Unit Price
Total Price
1 Pool Maintenance Service
from June to August
3 12
$
$
2 Pool Maintenance service
from Se.tember to Ma
2 40
$
$
Year Four (4)
Grand Total

Year Five (Optional
Item 1
Item Description
Frequency Weeks
Unit Price
Total Price
1 Pool Maintenance Service
from June to August
3 12
$
$
2 Pool Maintenance service
from Se ember to Ma
2 40
$
$
Year Five (5)
Grand Total
The Proposer shall provide a Fee Schedule for non-exclusive emergency/call-out services.

The proposed Contract term is for a period of three (3) years, with two (2) optional one (1) year extensions.

All work required and shown on this Request for Proposals, for which no price or item is listed on this proposal, shall be understood that such work, equipment, labor, tools and materials shall be provided without extra charge, allowance or direct payment of any kind. Payment for performing such work or furnishing such equipment, labor, tools and materials shall be included in the above lump sum or unit bid prices and no additional compensation will be paid therefor.

Name of Bidder
Signature of Bidder Date

ATTACHMENT "B"

ACKNOWLEDGEMENT OF CITY'S STANDARD FORM OF AGREEMENT

ACKNOWLEDGEMENT OF CITY'S STANDARD FORM OF AGREEMENT
I, the undersigned, certify that I, [insert name] am the [insert title] of [insert firm
name], the party making the proposal for award of a Contract Services Agreement for AQUATICS CENTER POOL MAINTENANCE SERVICES ("Proposer") and, on behalf of the Proposer, hereby:

Accept City's Standard Form of Contract Services Agreement — check one box.

Ei As is, without qualifications or modifications.

As modified by attachment. [Proposer to provide]
I certify that I am authorized to sign this Consent Form on behalf of the Proposer.

Executed this day of , 2025 at , California.

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

ATTACHMENT "C"

SAMPLE CONTRACT SERVICES AGREEMENT

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 .

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 . The various tasks and related
services to be erformed by CONTRACTOR are more specifically described in the CITY's (hereinafter the "CITY RFP") dated
;1 3 and the written proposal of CONTRACTOR entitled
A" (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

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

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

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

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

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

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

SECTION 2 TERM.

A. This Agreement shall have a term of O years commencing from the Effective Date through (hereinafter, the "Term"). The Term of the Agreement may be extended b 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.

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 2

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

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

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

SECTION 4. COMPENSATION.

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

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

"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 Urbanization;
4

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.
5

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, z\ , 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 Agreemen
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 ail 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

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 cannotagree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Work in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONTRACTOR at the request of the CITY.

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

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

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 tof execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within ten (10) days after their execution and thereafter shall establish such travel and payments.

D. CONTRACTOR shall comply with the provisions of Section 1775 of the California Labor Code and shall, as a penalty to CITY, forfeit up to fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract. CONTRACTOR shall pay each worker an amount equal to the difference between the prevailing wage rates and the amount paid worker for each calendar day or portion thereof for which a worker was paid less than the prevailing wage rate. CONTRACTOR is required to pay all applicable penalties and back wages in the event of violation of prevailing wage law, and CONTRACTOR and any subcontractor shall fully comply with California Labor Code Section 1775, which is incorporated by this reference as though fully set forth herein.

E. CONTRACTOR and any subcontractor shall maintain and make available for inspection payroll records as required by Labor Code Section 1776, which is incorporated by this reference as though fully set forth herein. CONTRACTOR is responsible for ensuring compliance with Labor Code Section 1776 and shall keep accurate payroll records containing all such information as maybe called for under Labor Code Section 1776 and other applicable provisions of State law.

F CONTRACTOR and any subcontractors shall, when they employ any person in any apprenticeable craft or trade, apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the work site for a certificate approving CONTRACTOR or subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected; and shall comply with all other requirements of Section 1777.5 of the California Labor Code, which is incorporated by this reference as though fully set forth herein. The responsibility of compliance with California Labor Code Section 1777.5 during the performance of this contract rests with CONTRACTOR. Pursuant to California Labor Code Section 1777.7, in the event CONTRACTOR knowingly fails to comply with the provisions of California Labor Code Section 1777.5, civil penalties will be assessed. CONTRACTOR shall also 8

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

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.

B.

C.

D.

E.

F.

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, 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.

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.

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.

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

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

SECTION 12. CONFLICTS OF INTEREST. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with CONTRACTOR in connection with this project. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any CITY ordinance, state law or federal statute.

CONTRACTOR agrees that a clause substantially similar to this Section shall be incorporated into any sub -contract that CONTRACTOR executes in connection with the performance of this Agreement.

SECTION 13. NON-DISCRIMINATION. During the performance of this Agreement, CONTRACTOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decision making or military and veteran status.

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

CONTRACTOR and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12900 et seq.). The applicable regulations of the Fair Employment and Housing Act, set forth in Part 2.8, Division 3, of Title 2 of the Government Code are incorporated into this Contract by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. This CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform the Work under this Agreement.

SECTION .°' 14. INDEMNIFICATION
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

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 Indemnitees. Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be selected by lndemnitees.

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 12

harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. CONTRACTOR agrees that CONTRACTOR's covenant under this Section shall survive the termination of this Agreement.

E. CONTRACTOR shall fully comply with the workers' compensation laws regarding CONTRACTOR and CONTRACTOR's employees. CONTRACTOR further agrees to indemnify and hold CITY harmless from any failure of CONTRACTOR to comply with applicable workers' compensation laws. CITY shall have the right to offset against the amount of any fees due to CONTRACTOR under this Agreement any amount due to CITY from CONTRACTOR as a result of CONTRACTOR's failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.

SECTION 15. INSURANCE.

A. CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:

1. 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, Two Million Dollars ($2,000,000) 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 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;
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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. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the Agency's Risk Manager.

D. CONTRACTOR agrees that if it does not keep the insurance required in this Agreement in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONTRACTOR'S expense, the premium thereon.

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

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

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

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

H. 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.
14

All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against CITY and shall require similar written express waivers and insurance clauses from each of its subconsultants.

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 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 15

the City Manager. CONTRACTOR may only terminate this Agreement for cause.

Termination for Cause. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth in this Section or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement. An Event of Default` shall include, but shall not be limited to the following: (i) CONTRACTOR's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (ii) CONTRACTOR's and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (iii) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONTRACTOR, whether voluntary of involuntary; (iv) CONTRACTOR's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (v) CITY's discovery that a statement representation or warranty by CONTRACTOR relating to this Agreement is false or erroneous in any material respect, including any statement, representation or warranty, set forth in the Equipment Specifications.

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

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

Prior to the expiration of the 3 -day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3 -day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds seven (7) calendar days from the end of the initial 3 -day cure period; or ii. Within thirty (30) calendar days of CITY's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 30 -day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event 16

of Default and that the Event of Default cannot be reasonably cured within the 30 -day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 30 -day cure period.

If an Event of Default relates to a material falsehood or misrepresentation set forth in Exhibit "B" that is not susceptible to a cure, CITY in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver of a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by CITY.

2. Except as otherwise specified in this Agreement, CITY shall cure any Event of Default asserted by CONTRACTOR within thirty (30) calendar days of CONTRACTOR's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 30 -day cure period. Prior to the expiration of the 30 -day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30 -day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY's failure to timely pay any undisputed sums to CONTRACTOR shall be cured by CITY within five (5) calendar days from the date of CONTRACTOR's Default Notice to CITY.

3. CITY, in its sole and absolute discretion, may also immediately suspend CONTRACTOR's performance under this Agreement (or the performance of any specific task or function performed by CONTRACTOR under this Agreement) pending CONTRACTOR's cure of any Event of Default by giving CONTRACTOR written notice of CITY'sintent 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 17

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 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.
18

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 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.

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.
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SECTION 25. CAPTIONS. The captions used in this Agreement are solely for reference and the convenience of the Parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein.

SECTION 26. EXECUTION. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.

CITY OF BELL GARDENS, a municipal
corporation
By:

Michael B. O'Kelly
City Manager
Date:

APPROVED AS TO FORM:

By:

Stephanie Vasquez
City Attorney
Date:
21 By:

Name:

Title',
Date:

EXHIBIT "A"

CITY RFP
22

EXHIBIT "B"

CONTRACTOR PROPOSAL
23

PU LIC KS 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 JOHN ANSON FORD PARK REGIONAL AQUATICS

CENTER SWIMMING POOL MAINTENANCE SERVICES
ADDENDUM NO. 1
October 28, 2025,
This addendum is being issued for the REQUEST FOR PROPOSALS FOR JOHN ANSON

FORD PARK REGIONAL AQUATICS CENTER SWIMMING POOL 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 submittal deadline is hereby extended from Tuesday, November 4, 2025, at 5:00 p.m. to Tuesday, November 18, 2025, at 5:00 p.m.

B. A second mandatory pre -proposal meeting has been scheduled for Tuesday, November 4, 2025, at 10:00 a.m. at the John Anson Ford Park Aquatics Center, located at 7950 Scout Avenue, Bell Gardens, CA 90201. Attendance is mandatory to submit a proposal. Proposers who were present at the initial mandatory preproposal meeting are not required to attend the second meeting.

C. In Section II. (Submittal Procedure/Deadline), the tentative schedule is hereby revised to read as follows:

Release of RFP
Thursday, October 16, 2025
Mandatory Pre -Proposal Meetinc
Thursday, October 23, 2025 at 11:00 a.m.

Second Mandatory Pre -Proposal
Meeting
Tuesday, November 4, 2025 at 10:00 a.m.

Deadline for Questions
Thursday, November 6, 2025 at 5:00 p.m.

Proposal Due Date
Tuesday, November 18, 2025, at 5:00 p.m.

Proposer Interviews (if necessari)
Tuesday, November 25, 2025
** City Council Recommendation of
Award
Monday, December 8, 2025
Start of Maintenance Services
Week of January 5, 2026
*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, December 8, 2025, in -person or 1

Addendum No. 1
RFP — John Anson Ford Park Regional Aquatics Center Swimming Pool Maintenance

virtually for a possible presentation to the City Council.

D. In Section V. (Scope of Work), the following filter media requirement is added to item 1. (Contractor's responsibility) to read as follows:
• "Filter Media Requirements
o Contractor must supply all perlite filter media and refill all pool filters, as necessary. Adequate supplies must be on hand, so filtration of all pools is always met.
o Contractor will have limited space in the Equipment Room to store supplies." 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

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

REQUEST FOR PROPOSALS FOR JOHN ANSON FORD PARK REGIONAL AQUATICS

CENTER SWIMMING POOL MAINTENANCE SERVICES
ADDENDUM NO. 2
November 17, 2025
This addendum is being issued for the REQUEST FOR PROPOSALS FOR JOHN ANSON

FORD PARK REGIONAL AQUATICS CENTER SWIMMING POOL 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 due date is changed from Tuesday, November 18, 2025, at 5:00 p.m. to Thursday, November 20, 2025, at 5:00 p.m.

B. Attachment A, Proposal Bid Sheet, is replaced with the enclosed Attachment A, Proposal Bid Sheet.

C. Section V. (Scope of Work), Subsection 1 (Contractor's Responsibility), first bulleted paragraph (Physical On -Site Visit), first bulleted subparagraph is amended to read as follows:
"o Contractor shall provide and schedule certified LACDEH swimming pool technicians for physical routine site visits."
D. Section V. (Scope of Work), Subsection 1 (Contractor's Responsibility), second bulleted paragraph (Pool Technicians), is amended by adding a fourth bulleted subparagraph to read as follows:
"o In addition to submitting the name, biography and LACDEH license for all technicians with the proposal, if there are any updates to Pool Technicians, submit the updated name, biography, experience and LACDEH license to the City for review before technician begins servicing the pool."
E. Section V. (Scope of Work), Subsection 1 (Contractor's Responsibility), third bulleted paragraph (Hours of Service), first bulleted subparagraph is amended to read as follows:
"o Service will be performed three (3) times per week from June to August and two (2)

Addendum No. 2
RFP - John Anson Ford Park Regional Aquatics Center Swimming Pool Maintenance Services

times per week from September to May. Service per week may increase depending on demand and use of the pool. Service visits will be from 10:00 a.m. to 3:00 p.m. when the pools are closed to the public, Monday through Friday." F. Section V. (Scope of Work), Subsection 1 (Contractor's Responsibility), fourth bulleted paragraph (Pool Maintenance Each Visit), eight bulleted subparagraph is amended to read as follows:
"o Vacuum pools to desired cleanliness by deploying pool vacuums in each pool and removing them when vacuuming is completed, which should take approximately one (1) to three (3) hours per pool."
G. Section V. (Scope of Work), Subsection 1 (Contractor's Responsibility), sixth bulleted paragraph (Chemical Requirements) is amended to read as follows:
64*
Chemical Requirements
o Contractor will provide all chemicals. Awarded Contractor must supply all chemicals to maintain a proper pool water balance. Adequate supplies must be on hand to ensure chemical requirements are always fulfilled. o Contractor must maintain more than one chemical supplier to ensure the Contractor has adequate stock or access to required chemical supplies. o Contractor must maintain sufficient inventory of pool chemicals. o Contractor will have limited space in the Equipment Room to store supplies. o Chemicals will need to be delivered through the Aquatics Center parking lot on Scout Avenue to allow for direct access to the Chemical Storage Rooms. Chlorine must be pre -diluted offsite. Diluting on site is prohibited. o The time frame to deliver pool chemicals and supplies will be between 7:00 a.m. to 5:00 p.m.
o Each pool facility must have secondary chlorine container on site to treat the pool in case of a fecal accident.
o Contractor must provide complete pool water analysis to determine quantities and types of chemicals necessary to maintain pool water within the following levels:
• pH: 7.2 to 7.6
• Alkalinity: 80 to 100 ppm
• Calcium hardness: 200 to 400 ppm
• Chlorine: 1.5 to 2.0 ppm
• Total dissolved solids: 300 to 1,000 ppm
o Contractor shall submit receipts with the monthly invoice for reimbursable chemical expenses with a markup not to exceed 15% for all administrative fees. Refer to the Proposal Bid Sheet for established annual chemical allowance amount. Any additional overage or expenses exceeding the annual chemical allowance amount will require City's pre -approval via change order or amendment"

Addendum No. 2
RFP - John Anson Ford Park Regional Aquatics Center Swimming Pool Maintenance Services

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

RESPONSE TO REQUESTS FOR INFORMATION NO. 1

1. Question (Q): Chemicals: Will the bid stand as is or will the chemical portion be changed in any way and if so how.

Answer (A): The RFP has been amended to include language regarding procurement of the necessary chemicals. Refer to Section F. of Addendum Noe 2.

2. Q: Pool cleaning: How often will each pool need to be brushed? A: During each pool maintenance visit as stated in the RFP; however, if the Contractor determines brushing is not necessary during a respective pool maintenance visit, the City's Public Works Parks & Facilities Supervisor may waive this requirement for the respective pool maintenance visit.

3. Q: Pool cleaning: How often will each pool need to be vacuumed? A: During each pool maintenance visit as stated in the RFP; however, if the Contractor determines vacuuming is not necessary during a respective pool maintenance visit, the City's Public Works Parks & Facilities Supervisor may waive this requirement for the respective pool maintenance visit.

4. Q: Pool cleaning: How often will the slide need to be washed, cleaned, and protectant applied and is there a procedure for this so we can know the time required? A: During each pool maintenance visit as stated in the RFP; however, if the Contractor determines washing, cleaning, and protectant is not necessary during a respective pool maintenance visit, the City's Public Works Parks & Facilities Supervisor may waive this requirement for the respective pool maintenance visit.

5. Q: For pool water analysis: What tests are being asked for? A: Means and methods for meeting this requirement are on the Contractor. The Contractor must ensure all pools meet all LACDEH requirements.

6. Q: For pool water analysis: Who can perform them?

Addendum No. 2
RFP - John Anson Ford Park Regional Aquatics Center Swimming Pool Maintenance Services

A: Means and methods for meeting this requirement are on the Contractor. The Contractor must ensure all pools meet all LACDEH requirements.

7. Q: For pool water analysis: With what type of test equipment? A: Means and methods for meeting this requirement are on the Contractor. The Contractor must ensure all pools meet all LACDEH requirements.

8. Q: For pool water analysis: Pool service company or independent lab? A: Means and methods for meeting this requirement are on the Contractor. The Contractor must ensure all pools meet all LACDEH requirements.

9. Q: For pool water analysis: Who take and maintains the chain of custody for the sample to be tested?
A: Means and methods for meeting this requirement are on the Contractor. The Contractor must ensure all pools meet all LACDEH requirements.

10.Q: From page 12 For pool water analysis: The ranges listed are for pool water, not domestic water. Please clarify if this is the same as on page 12 or different and if different how?
A: The RFP has been amended to clarify analysis is for pool water. Refer to Section F. of Addendum No. 2.

11.Q: Automatic system: Is this automatic remote reporting / monitoring system already installed in all 3 the pool chemical controllers? It is an option. If not one can be installed but it will require a decent amount of monetary investment in additional equipment connected to the existing pool chemical controllers to be active. Please clarify.

A: The Contractor must provide remote reporting/monitoring if the remote systems are currently installed on the pool chemical controllers. If the remote systems are not currently installed on the pool chemical controllers, the awarded Contractor will provide a cost to the City to enable remote capabilities for the pool chemical controllers.

12.Q: Heater maintenance: Please clarify who will be doing this maintenance work.

A: As stated in the RFP, the City's HVAC maintenance contractor, ABM, will be providing the heater maintenance; however, the Contractor will be responsible for

Addendum No. 2
RFP - John Anson Ford Park Regional Aquatics Center Swimming Pool Maintenance Services

ensuring the pool heaters are being properly maintained by the City's HVAC maintenance contractor, including but not limited to, ensuring all ongoing services, parts, and materials for the pool heaters are being upkept and in good working order.

The pool maintenance contractor will be responsible for informing the City's HVAC maintenance contractor and the City's Public Works Parks & Facilities Supervisor when the pool heaters are not working correctly.

13.Q: Heater maintenance: Please clarify who will be responsible for the work being done to the manufacturers requirements.

A: As stated in the RFP, the City's HVAC maintenance contractor, ABM, will be providing the heater maintenance; however, the Contractor will be responsible for ensuring the pool heaters are being properly maintained by the City's HVAC maintenance contractor, including but not limited to, ensuring all ongoing services, parts, and materials for the pool heaters are being upkept and in good working order.

The pool maintenance contractor will be responsible for informing the City's HVAC maintenance contractor and the City's Public Works Parks & Facilities Supervisor when the pool heaters are not working correctly.

14.Q: Heater maintenance: Please clarify directly if the contractor will be responsible for the cities heater maintenance work.

A: As stated in the RFP, the City's HVAC maintenance contractor, ABM, will be providing the heater maintenance; however, the Contractor will be responsible for ensuring the pool heaters are being properly maintained by the City's HVAC maintenance contractor, including but not limited to, ensuring all ongoing services, parts, and materials for the pool heaters are being upkept and in good working order.

The pool maintenance contractor will be responsible for informing the City's HVAC maintenance contractor and the City's Public Works Parks & Facilities Supervisor when the pool heaters are not working correctly.

15.Q: Monthly reports on pool and equipment status: Please detail specifically what is being asked for and how the contractor is to report them and on what scale especially for items that are not serviceable Circulation pump and motors, all electrical systems, valves, etc. all these items generally run until they fail with little warning or notice.

A: Means and methods for meeting this requirement are on the Contractor. The Contractor's report must show the condition and status of the pools and equipment.

16.Q: Section 1A & B: Please provide the form in which the city wants this to be submitted.

Addendum No. 2
RFP - John Anson Ford Park Regional Aquatics Center Swimming Pool Maintenance Services

A: Form to be provided by the Contractor for the City's review and approval.

17.Q: Section 2A & C: Please provide the form in which the city wants this to be submitted.

A: Form to be provided by the Contractor for the City's review and approval.

18.Q: Section 3: Please provide the form in which the city wants this to be submitted.

A: Form to be provided by the Contractor for the City's review and approval.

19.Q: Section 4A & B: Please provide the form in which the city wants this to be submitted.

A: Form to be provided by the Contractor for the City's review and approval.

20.Q: Section B: Please provide the form in which the city wants this to be submitted.

A: Form to be provided by the Contractor for the City's review and approval.

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
Enclosure
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

ATTACHMENT "A"

PROPOSAL BID SHEET
The undersigned, having examined the Request for Proposals for the JOHN ANSON

FORD PARK REGIONAL AQUATICS CENTER SWIMMING POOL MAINTENANCE SERVICES and having visited the site and examined the conditions affecting the work, hereby proposes and agrees to furnish all labor, materials, equipment, and appliances, and to perform operations necessary to complete the work as required by said Request for Proposals and itemized bid schedule below. All routine work shall be performed two (2) times per week from June to August and three (3) times per week from September to May. City's fiscal year begins on July 1st and ends on June 30th.

Year One
Item 1
Item Description Frequency
Weeks
Unit Price
Total Price
1 Pool Maintenance Service 3
from June to August
12 $
$
2 Pool Maintenance service 2
from September to May
40 $
$
3 Chemical Allowance 1
LS
$150,000
r
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VIII
Y
Year One (1)
Grand Total
II II
m���
m mll
um m VIII
Year Two
Item 1
Item Description Frequency Weeks
1 Pool Maintenance Service 3 12
from June to August
2 Pool Maintenance service 2 40
from September to May
3 Chemical Allowance
uuouuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuouuuuuuuouiouuuuuuuuuuouiuouuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu100000iiiiiiiiiiiiiiiiiiiiiiiiiiiu h,.. 1 Year Three
Unit Price
LS
Year Two (2)
Grand Total
Total Price
$157,500
Item 1
2 3
Item Description
Pool Maintenance Service
from June to August
Pool Maintenance service
from September to May
Chemical Allowance
Frequency
3 2
Weeks
12 40
Unit Price
Total Price
$165,400
Item 1
1 2
3 Item Description
Pool Maintenance Service
from June to August
Pool Maintenance service
from September to May
Chemical Allowance
Year Four (Optional
Frequency
3 2
Weeks
12 40
Unit Price
Total Price

Year Five (0 tiona
Item 1
Item Description
Frequency
Weeks
Unit Price
Total Price
1 Pool Maintenance Service
from June to August
3 12
$
$
2 Pool Maintenance service
from September to May
2 40
$
$
3 Chemical Allowance
1 LS
$182,300
Y
Year Five (5)
Grand Total
The Proposer shall provide a Fee Schedule for non-exclusive emergency/call-out services.

The proposed Contract term is for a period of three (3) years, with two (2) optional one (1) year extensions.

All work required and shown on this Request for Proposals, for which no price or item is listed on this proposal, shall be understood that such work, equipment, labor, tools and materials shall be provided without extra charge, allowance or direct payment of any kind. Payment for performing such work or furnishing such equipment, labor, tools and materials shall be included in the above lump sum or unit bid prices and no additional compensation will be paid therefor.

Name of Bidder
Signature of Bidder Date

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

REQUEST FOR PROPOSALS FOR JOHN ANSON FORD PARK REGIONAL AQUATICS

CENTER SWIMMING POOL MAINTENANCE SERVICES
ADDENDUM NO. 3
November 18, 2025
This addendum is being issued for the REQUEST FOR PROPOSALS FOR JOHN ANSON

FORD PARK REGIONAL AQUATICS CENTER SWIMMING POOL 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. Section V. (Scope of Work), Subsection 1 (Contractor's Responsibility), thirteenth bulleted paragraph (Equipment List), is amended by adding a second bulleted subparagraph to read as follows:
"o For reference, please refer to the attached Equipment Room Plan, Sheet SP4.2." B. The enclosed Equipment Room Plan, Sheet SP4.2, is added to the RFP as an attachment.

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

Bernardo Iniguez
Director of Public Works/ Facilities
Enclosure
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

EQUIPMENT PAP PLAN

EQUIPMENT SCHEDULE
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EQUIPMENT ROOM PLAN

FIRE CODE DATA

SYMBOLS

GENERAL NOTES

KEYED NOTES
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- THERMOMETER
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REVISIONS
_,. RJM-

CITY OF BELL GARDENS

BELL GARDENS AQUATICS CENTER

EQUIPMENT ROOM PLAN
SP4.2

EXHIBIT "B"

CONTRACTOR PROPOSAL
23

Transmittal Letter
Service First proposes to provide Aquatic Services for the City of Bell Gardens John Anson Ford Park Regional Aquatics Center. Service First has read and will comply with all terms and conditions of the RFP and have a firm understanding of the city's needs. The following proposal will demonstrate why The City of Bell Gardens should choose Service First as the preferred contractor to provide these services.

With over 35 years' experience and the majority of staff with 20+ years tenure, Service First has earned the reputation as Southern California's premier Commercial Aquatic Service Company. Our proprietary techniques developed over the years have allowed us to provide excellent Service even in the most extreme environments.

The majority of our customer base have been clients for numerous years and prove to be excellent references each time they are called upon. We pride ourselves on providing clean, clear, and safe pools and spas for the patrons while providing balanced water to ensure the longevity of the pool and Spa equipment and vessel for the owner/operator.

Service First has no conflicts of interest with the City of Bell Gardens.

Service First Robert Wormus
www.service-lst.com Principal Contact
2510 N Grand Ave St 110 714-788-4589
Santa Ana Ca 92705 bworn u s Brvice� ]st.cPm
Service First is a Ca S Corporation Project M ager
Robed Wa us Date
} "',10

Methodology
Service First has been providing Commercial Pool Service for 40 years. We currently are providing the exact scope of work for numerous other public entities and have been providing the interim maintenance for the John Anson Ford Park Aquatic Center for California Commercial Pools. We have layers of management and reporting procedures that allow us to provide excellent service and prevent complacency in reoccurring service. In addition to our daily logs (attached) which include all of the Preventative Maintenance readings i,e, flow, influent and effluent filter pressures, water balance, etc., we perform an end of month all inclusive inspection of each body of water (report attached). The Account Manager and Route Supervisor personally review each inspection report and make recommendations or corrections as needed. Exhibit A and Exhibit B (attached) explain minimum services provided at each visit. Service First will work with the Aquatic Center to provide service at whatever times works best for them. Typically we start early mornings and complete services prior to the Aquatic Center opening,

1. There will be one (1) Account Manager, one (1) Route Supervisor, and three (3) LA County technicians assigned to this contract.
a. Bob Wormus-Account Manager- 30 years' experience-NSPF Instructor 92*101727 b. Alberto Cervantes- CPO -Route Supervisor -25 years' experience (all with Service First)
c. Al Conde -Repair CPO -Technician -35 years' experience (all with Service First) d. Humberto Nava -CPO- Technician -20 years' experience (all with Service First)

2. Personnel responsible for working with the City:
a. Rich Rohr -General Manager- administration, billing, staff development b. Bob Wormus-Account Manager -daily routine service management, preventative maintenance management, management of staff, Quality Control c, Alberto Cervantes- Route Supervisor- direct supervision of daily activities 24/7 Emergency Response Phone Number 714-573-2253. All Service vehicles are on GPS which allows us the fastest response times to any emergencies or call outs needing attention. Service First understands that it is important to keep Commercial Pools clean and dear and enjoyable for the facilities patrons/tenants.
2510 N. Grand

•IT

SPECIFICATIONS
TASKS PERFOR ED AT EACH SCHEDULED VISIT PER B s DY OF ATER

1. Check and adjust all automatic and manual water chemistry control systems.

2. Maintain and adjust all company owned equipment.

3. Maintain a proper residual of chemical stock on hand for all automatic and manual water chemistry control systems.

4. Place in use chlorine and pH neutralizer necessary to maintain the water balance in accordance with local and state health department codes and regulations regarding the sanitation of commercial pool and spas.

5. Maintain water levels in all bodies of water and adjust all automatic water level equipment.

6. Provide secondary containment for all chemical stocks in accordance with a!I local fire and safety codes.

7. Maintain pool records charts in accordance with local health authority guidelines.

8. Drain all pools and spas as necessary.

9. Check all pool equipment for proper operation.

10. Check pool area for obvious hazards.

11. Check pool and spa lighting for proper operation.

END OF MONTH INSPECTION REPORT COMPLETED AT THE END OF EACH MONTH

12. Check and Record the following:
a. Free Chlorine
b. Total Chlorine
c. Combined Chlorine
d. pH level
e. Total Alkalinity
f. Calcium Hardness
g. Total Dissolved Solids
h. Phosphate Levels
i. Temperature
2510 N. Grand Avenue, Suite 110 • Santa Ana, California 92705 • (714) 573-2204 • FAX {714) 573-2297 • License #556812

13. Perform a site survey for all pools and spas to check and record the condition of the following:
a. Check all required safety signage
b. Check all required safety equipment
c. Check for missing or damaged main drain covers
d. Check for safety hazards in and around pool area
e. Check for missing or damaged deck lids
f. Check spa emergency shut off switch operation
g. Check all pool circulation, filtration, and heating systems. h. Check all pool lighting and lighting GFCIs for proper operation. i. Check all pool access gates and perimeter barriers

I•T�

SPECIFICATIONS

TASKS PERFORMED AT EACH SCHEDULED VISIT PER BODY OF WATER

1. Vacuum the bottom surface of each pool.

2. Skim debris from surface of each pool.

3. Clean all water line tiles as necessary.

4. Brush sides of each pool to remove dirt and debris as needed.

S. Remove accumulated debris from all pool skimmers and drains.

6. Remove accumulated debris from all pump strainers.

7. Backwash pool filters as necessary to maintain proper pressure differential.

8. Refill all chemical feed equipment containers as necessary.

9. Maintain a clean and organized equipment room.

10. Check and record the following in the supplied commercial log book:
a. Free chlorine
b. pH level
c. Flow rate
d. Influent Pressure
e. Effluent Pressure
f. Pool Temperature
g. Chemicals Added
h. Services Performed

11. Check for safety hazards and conditions in and around the pool area.
2510 N. Grand Avenue, Suite 110 • Santa Ana, California 92705 • (714) 573-2200 • FAX (714) 573-2297 • License #556812

24 HOUR EMERGENCY PHONE NUMBER (714) 573-2253
Service 151
Commercial Pool Systems
Your pool, spa and fountain experts

Swi ing Poo Spa Service Inspection * eport
Name of Facility;
Date of Inspection:

Inspected By:

Body of Water #1:

Body of Water #2:

FAC
ppm
#1
#2
TAC
PP.

Flow Rate Influent
gpm psi
#1
#2
Pool Signs
Pool Rules:

CPR:

Pool Occupancy:

No Diving:

No Lifeguard:
"911":

Plumbing and Equipment Leaks
Backwash Valve
Flow Meters and Guages
Filter Condition
Pump Room Condition
Electrical Connections
Heater Condition
Automated Chemical Feed System
Weir Blades, baskets and covers
Pool Water Quality Analysis
pH
factor
TA
ppm
Effluent Vacuum
psi vac
CH
ppm
CyA
ppm
ORP
controller
pH
controller
Pool Area Safety Check
Spa Signs
Spa Rules:',
Spa Occupancy:

Emerg. Shut Off:

Good
Fair
Poor
#2

COMMERCIAL

POOL SYSTEMS
TDS
ppm
Temp
degF
Safety Apparatus and Equipment #1 #2
Life Ring:

Life Line:

Life Pole w/ Hook
Emergency Spa Shut Off Switch:',
Lighting CGFI:

Time Clock and/or Controls:

Time Set on Time Clocks for pool and lighting:

Pool/Spa Lighting
Pool/Spa Safety Signs
Pool/Spa Safety Equipmen
Pool/Spa Hand Rails:

Pool/Spa Steps and Rungs:

Pool/Spa Main Drain Covers
Deck Covers
Pool Barrier:

PLEASE EXPLAIN POOR CONDITIONS OR SAFETY VIOLATIONS:.

Project Team Resumes assigned to this contract
Project Manager- Robert Wormus — Primary Responsibility

1. 30 years' experience in aquatic industry (20 years with Service First)

2. CPO Certified/CPO Instructor 92*101727

3. LA Technician #T5633
ii. General Manager- Rich Rohr

1. 27 years' experience in aquatic industry (19 years with Service First)

2. CPO Certified
iii. Repair Supervisor -AI Conde

1. 35 years' experience in aquatic industry (35 years with Service First)

2. CPO Certified

3. LA Tech Certified T1144
iv. Route Supervisor -Humberto Nava

1. 20 years' experience (20 years with Service First)

2. CPO Certified

3. LA Tech Certified T1355
v. Route Supervisor- Alberto Cervantes -Primary Responsibility

1. 20 years' experience (20 years with Service First)

2. CPO Certified

3. LA Tech T1298
Service First will not utilize any sub -contractors for this contract Current LA County Tech Cards attached as well as CPO Instructor Certification
N Grand A\ e'r=ue, I ' HO Santa Ana,

No. PR0158609

COUNTY OF LOS ANGELES

DEPARTMENT OF PUBLIC HEALTH

SWIMMING POOL SERVICE

TECHNICIAN
No. PR0190681
Expires: 6/30/2026

HUMBERTO NAVA
2510 N GRAND AVE STE 110
SANTA ANA, CA 92705

COUNTY OF LOS ANGELES

DEPARTMENT OF PUBLIC HEALTH

SWIMMING

TECHNICC LE RVICE
Expires: 6/30/2026

BOB WORMUS
2510 NORTH GRAND AVENUE, STE
110
SANTA ANA, CA 92705

COUNTY OF LOS ANGELES

DEPARTMENT OF PUBLIC HEALTH

SWIMMING POOL SERVICE

TECHNICIAN
No. PR0190298

AL CONDE
606 S RESH ST
ANAHEIM, CA 92805
Expires: 6/30/2026

COUNTY OF LOS ANGELES

DEPARTMENT OF PUBLIC HEALTH

SWIMMING
POOL
E VICE
TE
No. PR0190299
Expires: 6/30/2026

ALBERTO CERVENTES
2510 N GRAND AVE STE 110
SANTA ANA, CA 92705

ROBE
e ha ization Date:
1213124
etheriza tion Expires:
12131/25
01171- 40 OPZ 6 abed
O:'::MUS
pleted all necessary r equwernents to, authorizatio n as a

P NST UCT R
quired by the Pool & Hot Tub i ro cs
PHIL, the, tbe: ID
5574320
POOL

HOT TUB

ALLIANCE

ertifie
{or
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--N-Ri Nfogst.041-
ttiki.AAttiper
as an Operator of Aquatic Facilities
/sued by the
Pool & Hot Tub Alliance
on
C : rtifica _ion Date: 12/3/2.4
Expiration Date: 12/31/29
Ce rtification Number: 15574320
Instructor Narne(s) PI -I -I A Approved
01171- 40 617Z 6 abed
�rii`icat ur tdeph n e PitritA, at 719-540-
service@ phta.org
PO OL

HO T TUB
i ;E:
'cab
Sabeena Hi ckm an, CAE
President & CFO
Pool & H ot Tub Alliance

3 sON T; [ AC (P;`5
ATE 'LICENSE EOARlm'1

AC T IVE LICENSE
_556812

SERVICE FIRST
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C61/D3
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CORP
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28/2027 www.cslo ca gov

Experience and References
A. Experience
Service First has been in business since February 1980 and incorporated in 1987 as a California S Corporation. We have been providing Commercial Pool Service for 40 years. We have layers of management and reporting procedures which allow us to provide excellent service and prevent complacency in reoccurring service. In addition to our daily logs, we perform an extensive end -of month inspection each month of each body of water in which is personally reviewed by the Route Supervisor and Account Manager. Any items needing attention are immediately addressed and corrected and/or brought to the city's attention upon discovery,
ii . The staff assigned to this contract have extensive experience with performing Commercial Pool Service in extreme environments.
i i i . Service First has been conducting business since February 1980 and incorporated in 1987. We have been providing service to Government Contracts since 1995 and have always completed all contracts on good terms and with no disciplinary action or concerns. Service First prides itself on providing excellent Customer Service as well.
iv. Service First has never filed for Bankruptcy.
v. Robert Wormus is the Project Manager for all Municipal contracts. vi. Service First is independent and properly licensed to perform this work. CSLB 556812 C-53, C -61/D35 B C-21
vii. There will be no sub -contractors and are no scope conflicts with regard to any other work being performed by the Consultant.

25.10 NL Grand A.enue,Suii< it},r Santa Ana, California 92 0 A 7L•1)5 ; 'FAX

viii. Five (5) references

1. Cily ufi ver'sl e
Barnaby Antunez farrtunezt')rivurs"sc£ecr. ov 951-584-4128 Seven (7) day a week Commercial Pool Service for the Cities Seven (7) Community Pools 88,000 — 665,000 Gallon Pools
$250,000/year — we have had this contract for the past 10+ years

2. City of Santa Ana
Jorge Acevedo iacevecip5 santa-anaor 714-719-5199
Five (5) day a week service for (5) Community Pools
Community pools 88,000 — 500,000 Gallon Pools
$221,788/year- we have had this contract three years

3. City of Cerritos
Ted Glenn t "ienn ecerritos.gov 714-357-1299
Extraordinary Maintenance for Swim Center
1,000,000 Gallon Indoor City pool — Commercial Pool Service Seventeen (17) city fountains — five (5) days per week
$280,000/year
We have had this contract for last 8 years

4. City of Pomona
Roberto Curiel hoberto.c )na. c�v.909-322-7889
Commercial Pool Service for two (2) Community Pools
Ganesha Park Pool and Water Slide
Washington Park Pool
$73,000/yr ( seasonal)
We have had this contract for three (3) years

5. Riverside City College Aquatic Center
Robert Beebe Robert.beehe@rece du 951-222-8813
1,000,000 Gallon Competition Pool 200,000 Gallon Warm Up Pools $110,000/yr- we have had this contract for over 20 years

ATTACHMENT "A"

PROPOSAL BID SHEET
The undersigned, having examined the Request for Proposals for the JOHN ANSON FORD PARK REGIONAL AQUATICS CENTER SWIMMING POOL MAINTENANCE SERVICES and having visited the site and examined the conditions affecting the work, hereby proposes and agrees to furnish all labor, materials, equipment, and appliances, and to perform operations necessary to complete the work as required by said Request for Proposals and itemized bid schedule below. All routine work shall be performed two (2) times per week from June to August and three (3) times per week from September to May. City's fiscal year begins on July 1st and ends on June 30th.

Item 1 T
Year Two
Item Description
Pool Maintenance Service 3 12
rom June to August
Pool Maintenance service 2 40
om Sestember to Ma
Item Description
Pool Maintenance Service
from June to August
Pool Maintenance service
from Sertember to Ma
em 1 Item Description
Pool Maintenance Service
from June to August
Year Four (Otional
Pool Maintenance service
rom September to Ma
Item Description
Pool Maintenance Service
from June to August
Pool Maintenance service
from September to May
Year One
Pre
q
Weeks C Unit Price Total Price
uenc _._.
$5;342 $.....mj
s% 17...s'
Year One (1)
Grand Total
etguency Weeks
12 Year Three
Weeks
Frequency
Weeks
12 Unit Price
Si
Year Two (2)
Grand Total
Unit Price
is
Year Three (3)
Grand Total _
Total Price
lit
192_E.s
Total Price
rri2 . �W 192,
Total Price
66 274.

Item 1
Item Description
Pool Maintenance Service
from June to August
Pool Maintenance service
from Se tember to M
Year Five(Optional)
requency Weeks Unit Price
3 12 fC2.5 °`
40 $ f a- $
Year Five (5)
3rand Total
Total Price
46t 27 6 •
2 ate'
zL SSb.

The Proposer shall provide a Fee Schedule for non-exclusive emergency/call-out services.

The proposed Contract term is for a period of three (3) years, with two (2) optional one (1) year extensions.

All work required and shown on this Request for Proposals, for which no price or item is listed on this proposal, shall be understood that such work, equipment, labor, tools and materials shall be provided without extra charge, allowance or direct payment of any kind. Payment for performing such work or furnishing such equipment, labor, tools and materials shall be) luded in the above lump sum or unit bid prices and no additional compensation will be paid the ;fdr.

Signat e of B
Date
Lb

ATTACHMENT "A"

PROPOSAL BID SHEET
The undersigned, having examined the Request for Proposals for the JOHN ANSON

FORD PARK REGIONAL AQUATICS CENTER SWIMMING POOL MAINTENANCE SERVICES and having visited the site and examined the conditions affecting the work, hereby proposes and agrees to furnish all labor, materials, equipment, and appliances, and to perform operations necessary to complete the work as required by said Request for Proposals and itemized bid schedule below. All routine work shall be performed two (2) times per week from June to August and three (3) times per week from September to May. City's fiscal year begins on July 1st and ends on June 30th.

Year Two
Item 1
1 2
Item 1 mm�
1 Item Description
Pool Maintenance Service
from June to August
Pool Maintenance service
from September to May _
Chemical Allowance
Item Description
Pool Maintenance Service
from June to August
Pool Maintenance service
from September to May
Chemical Allowance
Item Description
Pool Maintenance Service
from June to August
Pool Maintenance service 1 2
from Sentember to May
Year One
Frequency Weeks
3 12
2 Year Three
euency Weeks
Chemical Allowance
40 Weeks
12 Year Four (O
em Description Frequenc
Pool Maintenance Service 7 3
from June to August
Pool Maintenance service
from September to May
Chemical Allowance
40 12
40 Unit Price
2'1
$
r,
4 14)©.%.

Total Price
79 240p--
50,000
b
Unit Price Total Price
$157,500
Year Two (2)
Grand Total
Unit Price
Unit Price
5'Z
204 D .

LS
Year Four (4
Grand Total
26 6 1
Total Price
79, _ 200.
1 $165,400
2? �I ©Go
Total Price
173,600

Item 1
1 Item Description
Pool Maintenance Service
from June to August
Pool Maintenance service
from September to May
Chemical Allowance
Year Five C©ptiona
IFrequer Weeks
f .. 3 12
2 40
Unit Price
LS
Year Five f5
and To
Total Price
82,300
The Proposer shall provide a Fee Schedule for non-exclusive emergency/call-out services.

The proposed Contract term is for a period of three (3) years, with two (2) optional one (1) year extensions,
All work required and shown on this Request for Proposals, for which no price or item is listed on this proposal, shall be understood that such work, equipment, labor, tools and materials shall be provided without extra charge, allowance or direct payment of any kind. Payment for performing such work or furnishing such equipment, labor, tools and mate' 'Is shall be included in the above lump sum or unit bid prices and no additional compensation II be paid therefor.

L'lC
A.c
Name of Bidder
Signa e of dder
2 -
Date

John Anson Ford Regional Aquatics Center Non -Exclusive Emergency /Call out services All Non -Exclusive Emergency/Call Out Services will be $165/ Hour

ACKNOWLEDGEMENT OF CITY'S STANDARD FORM OF AGREEMENT
I, the undersigned certify that I, � AR J $ ✓ [insert name] am the [insert title] of S go eV 1 Le t(.$4 [insert firm
name], the party ma ing the proposal for award of a Contract Services Agreement for AQUATICS CENTER POOL MAINTENANCE SERVICES ("Proposer") and, on behalf of the Proposer, hereby:

Accept City's Standard Form of Contract Services Agreement — check one box.

As is, without qualifications or modifications.

As modified by attachment. [Proposer to provide]
I certify that I am authorized to sign this Consent Form on behalf of the Proposer.

Executed this S ay of
Si ature of Officer
A- , California.

Printed/Typed Name of Officer
Officer ` yr

AWOR©
CE TIFICATE OF LIA . ILI I SU' l,, CE

DATE IMM/DDNYTY)
06)12/2025

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NC) RIGHTS UPON THE CERTIFICATE HOLDER THI

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED 'PRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
,,PORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER

STATE FARM INSURANCE
1370 BREA BLVD STE. 150
FULLERTON, CA 92835

SERVICE FIRST
DBA: SERVICE FIRST
2510 N GRAND AVE SUITE 110
SANTA ANA, CA 927O5

COVE GES

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, PE OF INSURANCE ADOL{ .._,. re .. . . . . . POLICY EFF poUcv EFP TS INSO I1NVD POLICY NUMBER MM1ODIYYYYI I (MMIODJYYYO
EACH OCCURRENCE LNIITMI $
OAMA .0
PR IS {Ea ocCulYen _
MED EXP (Any one person)_
PERSONAL & ADv INJURY_

GENERAL AGGREGATE

DUCTS - COMP/OP AG
AST JO

NTGOMERY
INC. No. Extr714-526-7001 f I,a H J 714-526-D348
E-MAADDIL [email protected]

INSURER(S) AFFORDING COVERAGE
RERA :State Farm Mutual Automobile Insurance Company 2617

INSURER B

INSURER C
INSURER D :

INSURER E:

INSURER F
N

CERTIFICATE NUM

NERAL LIABILITY
OCCUR

GENT AGGREGATE LIMIT APPLIES PER
PRO -

POLICY JECT
LOC
R

AUTOMOBILE LIABILI
x.,

ANY AUTO

ALL OWNED
AUTOS

HIRED AUTOS
x

UMBRELLA LAB

EXCESS LAB

DED RETENTION

SCHEDULED
AUTOS

NON -OWN ED
AUTOS
OCCUR
CLAIMS
-MADE'....
07-75
06107/2025 06/07/2026
'..WO COMPENSATION

AND EMPLOYERS' LABILITY

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
YIN
N/A
ON NUMBER:

ODILY INJURY (Per pet;.

BODILY INJURY (Per am)

PROPERTY DAMAGE
rr accident

EACH OCCURRENCE

AGGREGATE
ER
E.L. EACH ACCIDENT
n
.L DISEASE - EA EMPLOY
PER

STATUTE
1,00
L DISEASE. -POLICY LIMIT S
DESCRIPTION OF 0
NS I LOCATIONS I VEHICLES (ACORD 101, Add Mtonal Remarks Sohedute, may he attached R more space Is required)

CERTIFICATE HOLDER

CELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AU
REP TA
E
8-2014 ACORD CORPORATION. All rights reserved.

ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD

PRODUCER
GIGA Solutions, Inc.
101 Plaza Real South
Ste 201
Boca Raton FL 33432

INSURED
Service First
2510 North Grand Ave
Suite 110
Santa Ana CA 92705
ACORO®
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

CONTACT
NAME: ...... ..- .® �.-®. ... .. _.-

PHONE ' FAX
.WQ,j(4, zr1 888 581 0807 EALG Nam _...

E-MAIL certS I asolveS com

INSURER(S) AFFORDING COVERAGE NAIC
INSURER A State National Insurance Company, Inc 12831 _

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DDIYYYY)
9/12/2025
'. _ INSURER B..

INSURER C_.:
'.. INSURER D
NSURERE:

INSURER F

COVERAGES
CERTIFICATE NUMBER: 191326787 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

ADOLSUBR` POLICY EFF 7 POLICY EXP
TYPE OF INSURANCE EYO l POLICY NUMBER fM iM/DDIYY7 (MMIDP(YYYY1 LIMITS INSR
LTR
COMMERCIAL GENERAL LIABILITY I 1 EACH OCCURRENCE
-., DAMAGE TO RENTED

I CLAIMS -MADE I OCCUR

GEN'L AGGREGATE LIMIT APPLIES PER

PRO- L LOC
JECT
POLICY
I OTHER:

AUTOMOBILE LIABILITY

ANY AUTO

AUTOS ONLY

L HIREDAUTO , S ONLY

SCHEDULED

I AUTOS

NON -OWNED

AUTOS ONLY

UMBRELLA LIAB I OCCUR
CLAIMS -MADE.;

ESS LIAB
DED { ] RETENTION

A WORKERS COMPENSATION
C6. AND EMPLOYERS' LIABILITY

ANYPROPRIETO W PARTNERIEXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
YIN
AM X-082-0021-009
PREMISES `a occurrence;,.
^.. MED EXP (Any one person)

PERSONAL & ADV INJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGO

COMBINED SINGLE LIMIT
Ea accident} $
BODILY INJURY (Per person) I$�
BODILY INJURY (Per accident) $

PROPERTY DAMAGE
_ per aEGldentl

I EACH OCCURRENCE

AGGREGATE
0/1/2025
0!112026
X PER STATUTE ;...__0H-
2-
tee.

E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE.

E.L. DISEASE - POLICY LIMIT
ESCRIPTION OF OPERATIONS LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space is required) 000,000
000,000
000,000

ERTIFICATE HOLDER
Service First
2510 North Grand Aye, Suite 110
Santa Ana CA 92705

CANCELLATION

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

AUTHORIZED REPRESENTATIVE
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD

ACORD®

CERTIFICATE OF LIABILITY INSURANCE

DATE (MIN/DCXYYVY)
9/12/2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). _

PRODUCER
GIGA Solutions, Inc.
101 Plaza Real South
Ste 201
Boca Raton FL 33432

INSURED
Service First
2510 North Grand Ave
Suite 110
Santa Ana CA 92705

CONTACT
NAME .....- . ...

PHONE FAX
hadco+L Eun 888-581-0807 iAtc No ----
c9H3 i
E-MAIL asolves.cam
INSURERS) AFFORDING COVERAGE NAIC #
INSURER A State Na
tional Insurance Company, Inc 12831

INSURER B

INSURER C
INSURER 0

INSURER E

INSURER F
COVERAGES CERTIFICATE NUMBER: 191326787 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

I.._m
ApDC+SUBR _-- POLICY EFF I POLICY EXP I

TYPE OF INSURANCE
INSR
LTR !.

COMMERCIAL GENERAL LIABILITY

CLAIMS -MADE I OCCUR
EN'L AGGREGATE LIMIT APPLIES PER:
... POLICY JECTPRO- ,�, LOC
OTHER:

AUTOMOBILE LIABILITY

ANY AUTO
-w' OWNED SCHEDULED
AUTOS ONLY �. AUTOS

HIRED NON -OWNED
AUTOS ONLY r AUTOS ONLY
POLICY NUMBER IMMIODIY"YYY1 (MMIDD/YYYY`

UMBRELLA LIA

EXCESS LIAB

DEO RETENTION
OCCUR

CLAIMS -MADE

A WORKERS COMPENSATION
i AND EMPLOYERS' LIABILITY
I ANYPROPRIETOR/P.ARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes. describe under
I DESCRIPTION OF OPERATIONS below
Y 1 N
NIA
AMX-082-0021-009
LIMITS

EACH OCCURRENCE
DANIAC>•O TO REN PED
PREMISES (Ea occurrc,ceI
MED EXP (Any one person) S

PERSONAL &ADV INJURY S
GENERAL AGGREGATE ?S
PRODUCTS COMP/OP AGG $
COMBINED SINGLE LIMIT i $
{Ea accident(,,,,,
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $

PROPERTY DAMAGE '
,(Per accid$ntt I $
011/2025 i: 10/112026

EACH OCCURRENCE

AGGREGATE
X : PER
,STATUTE
E.L. EACH ACCIDENT .1.51,000,000
E.L. DISEASE EA EMPLOYEE $ 1,000,000
E.L. DISEASE POLICY LIMIT : $ 1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may he attached if more space is required

CERTIFICATE HOLDER
Service First
2510 North Grand Ave, Suite 110
Santa Ana CA 92705
ACORD 25 (2016/03)

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
O 1988.2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

PRODUCER
HUB International Insurance Services Inc.
4695 MacArthur Court
Suite #600
Newport Beach, CA 92660

INSURED
Service First
2510 North Grand Ave, Ste. 110
Santa Ana, CA 92705
SERVICE Fl JCHRISTIANSON
Alm ©„ DATE (MMOD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 11/5/2025
THIS CE _ ._ . A....

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

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

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement s).

N CONTACT
..... A M Ems ................ _ _ _,..,
PHONE 553-9800
(A/C No, Ex1)(949

E-MAILDDRE
FAX
(A/C, No):

INSURERISi AFFORDING COVERAGE NAIC N
INSURER A Navigators Specialty Insurance Company 36056

INSURER B

INSURER C
INSURER D :

INSURER F
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
i

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR ADDL!SUBR
....._____. _.. _........__ -- POLICY EFF POLICY EXP LTR, TYPE OF INSURANCE .INSD t WVD ,, POLICY NUMBER ._ .... (MMrDDr"firli._L_.LMM/DSN LIMITS YYYf -- -w.-A ITS -- —
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE a
1,000,000
DAMAGE TO RENTED 100,000
CLAIMS -MADE X i OCCUR SF25CGLZ0N3HVIC 11/5/2025 11/5)2026 PREMI5EsrEu Sccxr/dcCay_ ( G_EN'L AGGREGATE LIMIT APPLIES PER

POLICY X PRO LOC
OTHER'.

AUTOMOBILE LIABILITY

ANY AUTO
_.._... OWNED

AUTOS ONLY
AUTOS ONLY _

SCHEDULED
AUTOS

NON-OWNEDONLY
AUTOS

UMBRELLA LIAB X OCCUR
X..j EXCESS LIAB CLAIMS -MADE
DED +. RETENTION

WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y l N

ANY PROPRIETOR/PARTNER/EXECUTIVE I
OFFICER/MEMBER EXCLUDED? N/A!.
(Mandatory in NH) I
If yes, describe under
DESCRIPTION OF OPERATIONS below
LA25EXCZ0LWG6IC
11/512025
11/5/2026
MED SXP :Anu one F°erson l $ 5,000
PERSONAL & ADV INJURY .1 $ 1,DDa'd0Q
GENERAL AGGREGATE 2,000,000
PRODUCTS COMP/OP AGG $ 2,000,0M

COMBINED SINGI E LIMIT
{Ea -accident},
BODILY INJURY Per ersonl ',
BODILY INJURYLPer accident/,S

PROPERTY DAMAGE
_Ter accidents

EACH OCCURRENCE

AGGREGATE

PER I OTH-
5TATLITE _..,,_E.B_...

F L EACH ACCIDENT
E L DISEASE EA EMPLOYEE $
E.L. DISEASE - POLICY Limn- $
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Sample Certificate.

CANCELLATION

CERTIFICATE HOLDER
Sample Certificate
ACORD 25 (2016/0
5,000,000
5,000,000

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
© 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

AGENCY CUSTOMER ID: SERVICE Fl
LOC #: 1

ADDITIONAL REMARKS SCHEDULE
EGENCY
Ir1UB International Insurance Services Inc.

I POLICY NUMBER
SEE PAGE 1

CARRIER
SEE PAGE 1

NAIC CODE
ISEE P 1

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD,25 FORM TITLE: Certificate of Liabilily Insurance

JCHRISTIANSON

NAMED INSURED
Service First
2510 North Grand Ave, Ste. 110
Santa Ana, CA 92705
EFFECTIVE DATE: SEE PAGE
Cancellation:
*Except for 10 days notice of cancellation for non payment of premium. *Should this policy be cancelled before the expiration date, HUB International Insurance Services, Inc. will mail 30 (thirty) days written notice to those Certificate Holders which require such action per contract or agreement.* ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

ITY
F LL

PUBLIC WORKS DEPARTMENT
8327 GARFIELD AVENUE • BELL GARDENS, CALIFORNIA 90201-6122 (562) 806-7770 FAX (562) 806-7789 • WWW.BELLGARDENS.ORG

REQUEST FOR PROPOSALS FOR JOHN ANSON FORD PARK REGIONAL AQUATICS

CENTER SWIMMING POOL MAINTENANCE SERVICES
ADDENDUM NO. 1
October 28, 2025,
This addendum is being issued for the REQUEST FOR PROPOSALS FOR JOHN ANSON

FORD PARK REGIONAL AQUATICS CENTER SWIMMING POOL 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 submittal deadline is hereby extended from Tuesday, November 4, 2025, at 5:00 p.m. to Tuesday, November 18, 2025, at 5:00 p.m.

B. A second mandatory pre -proposal meeting has been scheduled for Tuesday, November 4, 2025, at 10:00 a.m. at the John Anson Ford Park Aquatics Center, located at 7950 Scout Avenue, Bell Gardens, CA 90201. Attendance is mandatory to submit a proposal. Proposers who were present at the initial mandatory preproposal meeting are not required to attend the second meeting.

C. In Section U. (Submittal Procedure/Deadline), the tentative schedule is hereby revised to read as follows:

Release of yRFP P
Mandato Pre -Proposal Meeting
Second Mandatory Pre -Proposal
Meetin
Deadline for Questions
Pro osal Due Date
Pro oser Interviews (if necessa
** City Council Recommendation of
Award
Thursday, October 16, 2025
Thursday, October 23, 2025 at 11:00 a.m.

Tuesday, November 4, 2025 at 10:0O a.m.

Thursday, November 6, 2025 at 5:00 p.m.

Tuesday, November 18, 2025, at 5:00 p.m.

Tuesday November 25, 2025
onday, December 8, 2025
J Start of Maintenance Services Week of January 5, 2026 *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.beligardens.org/i-want- to/view-bids-rfps/rfps-andbids. All times posted are in pacific standard time (PST). **Proposer must be available on Monday, December 8, 2025, in -person or 1