LAN WAN Enterprise, Inc.
ANWANE.cam
T Solutions
800) 689-2451 17500 Red Hill Ave. Suite 120
Irvine, CA 92614-5680, USA
miviv.lan mane. corn
Our Superior technology , competitive pricing and advanced features have earned us many customers, from small businesses to fortune 500 companies. One of largest customers installed star2star system in all 10,000 plus of their locations . Our System vastly improved teir communications and simplified their billing ( Imagine getting 10,000 phone bills every month ) — All while save them millions of dollars each year .
It is anticipated that all technicians work will be performed at client's facility main location (7100 Garfield Ave., Bell Gardens, CA 90201), including client 6 remote offices, namely:
1. City of Bel Gardens - City Hall (main location)/Bell Gardens Police Department - 7100 Garfield Ave., Bell Gardens, CA 90201
2. City of Bel
3. City of Bel
4. City of Bel
5. City of Bel
6. City of Bel
7. City of Bel
Gardens - Veterans Park: 6662 Loveland Street, Bell Gardens, CA 90201 Gardens - Public Works: 8327 Garfield Ave., Bell Gardens, CA 90201 Gardens - Ford Park: 8000 Park Lane, Bell Gardens, CA 90201 Gardens - Gotf Course: 8000 Park Lane, Bell Gardens, CA 90201 Gardens - Senior Center. 6722 Clara Street, Bell Gardens, CA 90201 Gardens - Youth Center. 5856 Ludell Street, Bell Gardens, CA 90201 lrtteroffice Compar{y
Communications,
The Star2Star Way
With Star2Star's flexible
Line Pooling & Bursting,
the entire company shares
20 lines across of locations.
Customers subscribe to the
minimurn number of lines
they need, and Star2Star will
add extra lines ''on the fly"
to accommodate overflow
traffic, even on the busiest
days. Interoffice calls do not
use any lines at all.
6
LAN WAN Enterprise, Inc.
LANWANE,com
IT Solutions
800) 688-2451
PBX — STARBOX — All Locations
17500 Red Hill Ave. Suite 120
Irvine, CA 92614-5680, USA
www.lanwane.com
Your business is unique, so you shouldn't have to settle for a one -size -fits -all communications solution. At Star2Star, we've been making intelligent, Internet -based communications systems for seven years. Everything we've learned is embodied in the latest versions of our StarBox Cloud Connection Managers. One of them is just right for your business.
tarB©x Cloud Connection Manager 5500 — City Hall pox
The StarBox Cloud Connection Manager 5500 delivers Stax2Star's industry -leading quality, reliability, and savings to customers with larger offices. The 5500 can connect up to 500 extensions with up to 100 simultaneous voice conversations.
The 5500 is packaged in a IU rack mount chassis. It can be used as a direct replacement for customers who have outgrown their smaller StarBox Cloud Connection Managers or, along with the other members of the StarBox Cloud Connection Manager family, as part of a multilocation solution. Lice other StarBox Cloud Connection Manager models, the 5500 uses a solid-state disk for quiet, reliable operation and low power consumption.
Con ection Manager 2250 — Public Works & Ford Park PDX
The StarBox Cloud Connection Manager model 2250 brings all the features and reliability of its predecessor, the model 2200, into a compact 1U rack -mountable fora factor. The StarBox Cloud Connection Manager 2250 can connect up to 250 users with 50 simultaneous conversations.
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800) 889-2451 17 9 Red Hill Ave. Suite 120
e, CA 92614-5680, USA
www.lenwane.com
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8
LAN WAN Enterprise, Inc.
LANWANE.com
IT Solutions
17500 Red Hill Ave. Suite 120
Irvine, CA 92614-5680, USA
www.lanwane.con:
Top to bottom:
StarBox Lite CCM, StarBox 2250 CCM
StarBox 5500 CCM
Phones
A color mid -range business media phone for today's office workers and call attendants delivering crystal clear communications. The Polycom®VVX0400 is an expandable color business media phone that delivers crystal clear communications enhanced collaboration and personal productivity
9
LANWANE,com
IT Solutions
800) 889-2451
VVX 4001410
Star2Star Special Edition)
3 or 6 line appearances
Key system (square key emulation)
3.5D color screen
Built-in full -duplex speakerphone
Adjustable base height
Two -port Ethernet switch (10/100 on
VVX 400, gigabit Ethernet on WX 410)
RJ-9 headset support with EHS
Built-in wall mount
ante rise, Inc.
17500 Red Hill Ave. Suite 120
Irvine, CA 92614-5680, USA
www.lanwane.cen
A. Service Level
LWE will utilize a combination of onsite services, remote monitoring, and remote support, to fully support City of Bell Gardens Phone System. It is estimated that services being offsite ( Remote Monitoring ) and onsite ( Onsite Support ) In order to maintain the reliability and integrity of the City of Bell Gardens Phone system , while providing a reasonable level of response time to user City of Bell Gardens) problems.
1. Onsite Support.
LWE systems engineers will be onsite 16 hours a week, 2 days a week, at regularly scheduled days to resolve phonelsystem issues, and to maintain reliability of the voice quality over the Internet. In addition to the onsite service, LWE will monitor the circuit quality remotely, as described below.
2. Remote Monitoring.
LWE will monitor the City of Bell Gardens network remotely 24 X 7 by using the following Star2Star Tools :
StarWatch Monitoring and Support
StarPath Bandwidth Voice Optimi ation Per Line
10
LAN WAN Enterprise, Inc.
AN WAN E.c om
T Solutions
800) 688-2451 17500 Red Hill Ave. Suite 120
Irvine, CA 92614-5680, USA
www.lanwarce.c© m
3. Remote Support.
In the event that a problem or phone system down issue d a e that LWE is not scheduled to be onsite, LWE will remotely access the system , In the event that remote access doesn't result in resolving the issue , LWE will send someone onsite to troubleshoot .
In the event remote control utilities are not sufficient to resolve the problem, LWE will provide o "te engineering services the same or next business day to address the problem.
eering services t are within the scope of network maintenance and ' sort mentioned in A.1 , A.2 and A.3 (1.©nsite Support, 2. Remote Mori and 3. Remote Support ) will be included in the total monthly cost .
AN
System
The City of Bell
NOW +
as follows:
by and between LAN WAN Enterprise,
Ave. Suite 120, Irvine, CA 92614-5680, USA and,
00 G giId Ave, Bell Gardens , CA 90201
ogy, to provide Consulting, Training and
VOII' System in all 7 locations ; WHEREAS,
e LWE to perform the Cons ement.
o pro contained herein, a agree
A. LWE OBU©A TIONS:
LWE will provide Consulting and System Engin
of ag ment, and scope of work.
B. CUSTOMER OBUGATION:
City of fl Gardens hereby agrees to pay monthly to LAN WAN Enterprise $14,866 per Month for phone service 1 Internet 1 Minute u e 1 Tech support 1 onsite support \ Monitoring 1 Training .
C. TERMINATION:
This regiment may terming uvithout cause, without penalty, and without liability for any damage$ as a result of such terrain n at any time by giving the other party at I st sixty (60) days prior written notice of such termination.
I1
erprise, Inc.
LANWANE1com
IT Solutions
800) 6B9 2451 17500 Red Hill Ave. Suite 120
Irvine, CA 92614-5680, USA
www.lanwane,com
D. FORCE MAJEURE:
LWE shall NOT be liable for a delay in performing and NOT liable for any obligations under this agreement if such delay is caused by strike, riot, war, government regulation, flood, earthquake, or any other unforeseeable and unavoidable event beyond LWE's reasonable control.
E. LIMITATION OF DAMAGES:
LWE shall not be held liable for any loss, damage, expenses, including without limitation, loss of data and equipment failure, which are the result of the actions of City of Bell Gardens or LAN WAN Tech. Should there be any defect or deficiency in any services performed by LWE, liability hereunder shall be limited to the cost of the support time itself to correct the defect or deficiency. In any case, LWE shall not be liable for any consequential or incidental cinrnwges related to the service.
F. AGREEMENT NOT TO RECRUIT
1. By signing these terms and conditions, City of Bell Gardens agrees with the following recruitment conditions:
2. City of Bell Gardens agrees not to solicit, recruit, employ, contract, or make offers to employ, any technical or managerial personnel of LAN WAN Enterprise for a period of 18 months from the completion of any project or services performed by LAN WAN Enterprise, Inc.
3. City of Bell Gardens agrees that any solicitation, recruitment, employment, or contracting of LAN WAN Enterprise, Inc' personnel, within one year of the completion of any project or service, will be considered a Permanent Placement Service, in which case, LAN WAN Enterprise, Inc will be invoiced a Permanent Placement Fee equal to 30% of the employee's starting salary, including bonus, and/or guaranteed commission.
G. MISCELLANEOUS:
1. NOTICE; Any notices, except invoicing, to be given under this agreement shall be made to the addresses of the respective parties set forth below by personal delivery, by nationally recognized overnight carrier, or by registered or certified mail, postage paid, return receipt requested, and such notice shall be deemed given upon receipt if delivered personally or by overnight carrier, or forty-eight 48) hours after deposit in the United States mails as set forth herein. 12
LAN W 'prise, Inc.
LAN IANE1coml
IT Solutions
800) 689-2451 17500 Red HilI Ave. Suite120
Irvin , CA 92614-5680, USA
2, GOVERNING LAW: AMENDMENT, ARBITRATION: This agreement shall be interpreted and enforced under the laws of the State of California. This agreement can be modified only in writing, with changes signed by the parties hereto. Any controversy or claim arising out of or relating to this agreement will be settled by binding arbitration as the parties may agree, and in the absence of such agreement, in accordance with the Commercial Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitration hearings will be held in the County of Orange, California, and the prevailing party will be reimbursed for any and all attorney's fees, costs and expenses in the arbitration. 5, COST ESTIMATE;„
The following list is everything included in the proposal, including the following:
Technical Support
PBX Routers
VOIP Phones
Analog Adapters
LAN WAN Enterprise, Inc.
ANWANE,com
T Solutions
BOO) 689-2451
Voice Plan
Pooling/Bursting StarFusion Line = Total LD Mins
StarFax Classic
Minutes
1,0©0Discounted Prepurchased
Numbers
i.75©0 Red HiI1 Ave. Suite 1211
Irvine, CA 92604-5680, USA
ru4Av.dewmvane. corn
0 0
D Minutes 20
Non -published local Numbers (DID
Published Local Numbers (ELS)
e 11 Number (1 Required per Locatio
Remote Extension Servic
outing
Unlimited Ca{i Routing
Automated Attendant (included with New Location
Ring Groups (included with New Location
Call Queue (Included with New Location
DIA Fiber Internet connection to City hall Location
ernet connection for all & remote office
7 2
The proposal is based on a 5 year contract between City of Bell Gardens and LAN WAN Enterprise
Finance Interest Rates may vary based on the credibility and standing of the City.
Conditions may apply.
Additional work, not specifically included in the Scope of Work, may be added to the project scope by the submission of a project change order. These projects may be fulfilled, in a Time & Materials format, outside the scope and scale of this project.
15
H
17500 Red U Ave. Suite 120
Irvine, CA 92614- , USA
www.lanwerne.com
16
RESOLUTION NO, 2015-17
A RESOLUTION OF THE CRY COUNCIL OF THE CITY OF BELL
GARDENS APPROVING THE VOICE OVER INTERNET
PROTOCAL (VOIP) TELEPHONE SYS AGREE! d, NT WITH
LAN WAN ENTERPRISES
WHEREAS, the City of Bell Gardens (the "City) desires to update and modernize its existing telephone system;
WHEREAS, the City conducted an In-depth study of the City's telephone system and it was determined that a VOIP telephone system allows the City to stay in current technology without the need for expensive infrastructure costs or future capital outlay; WHEREAS, the proposed VOIP telephone system would result in greater telephone system flexibility and controls while achieving significant annual cost savings for the City;
WHEREAS, the City issued a Request for Proposals to the general public and LAN WAN Enterprises timely submitted its formal response to the City's Request for Proposals; and
WHEREAS, the City desires to enter into an agreement with LAN WAN Enterprises to provide the City with VOIP telephone system agreement to provide telephone equipment, installation, maintenance, training, and on -site support.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS RESOLVES AS FOLLOWS:
SECTION 1. The City Council hereby finds and determines that the foregoing recitals are true and correct, constitute a material part of this Resolution, and therefore incorporate them herein in their entirety as part of the findings.
SECTION 2. The City Council hereby approves the Voice Over Internet Protocol Telephone System Service Agreement in substantially the same form as attached to the Staff Report accompanying this Resolution.
SECTION S. The City Council further authorizes the City Manager, or his/her designee, to execute the Voice Over Internet Protocol Telephone System Service Agreement and any reasonably related documents or amendments reasonably necessary to cant' out and effectuate the intent of this Resolution on behalf of the City,
SECT! 4. The C° Clerk shall and
esol n, and it shall • - e eff i a immedi
PASS P.0
APP A T F
the pa and adoption of
n its approval
day of February, 2015.
THE C OF BELL RDENS
Jenn R
Evan elin
A g C Cie
yor
GEL I HER D
CERTIFY t uncil
Council at gular
and s approv and p
A Council Mem• =r
Mayor Rodriguez
OES: None
STAIN: None
ABSENT: None
Acting City Clerk of the City of Bell , he
olution . 2015-17 s adopt= by the l Gardens
g of = C uncil held onday, Feb 9, 2015
by the foil • ing vo
Flo endo , Pulldo, ayor Pro Tern
Evan: - in • e
Acting C Clerk
no,
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: John Acosta, Administrative Lieutenant
SUBJECT: Consideration of a Resolution Approving a Financial Support Services Agreement Between the City of Bell Gardens and the Joint Regional Intelligence Center
MEETING DATE: January 12, 2026
RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution approving a Financial Support Services Agreement between the City of Bell Gardens and the Joint Regional Intelligence Center.
BACKGROUND / DISCUSSION
The Joint Regional Intelligence Center (JRIC) is a multi-agency initiative focused on criminal and counterterrorism intelligence. JRIC is governed by a board comprised of executive-level representatives from federal, county, municipal, and public safety agencies. JRIC provides investigative and intelligence support to partner law enforcement agencies throughout the region. As a recognized task force, JRIC is eligible to receive asset forfeiture funds pursuant to the U.S. Department of Justice and U.S. Department of the Treasury Guide to Equitable Sharing for State and Local Law Enforcement Agencies.
To ensure proper financial administration and compliance with federal equitable sharing requirements, JRIC has requested that the City of Bell Gardens (City), through its Police Department, serve as its fiduciary agency to provide financial management and support services.
Under the terms of the Agreement, the City will:
• Administer asset forfeiture funds, including submission of required federal forms, receipt of funds, and deposit into designated accounts. • Process accounts payable functions, including invoices, vouchers, and approved advances, in accordance with direction provided by the JRIC Executive Director. • Maintain accounting records for all funds received and expenditures made, and provide periodic financial reports to JRIC.
• Support audits and compliance requirements by cooperating with independent auditors and prepare annual equitable sharing certifications. • Handle Internal Revenue Service (IRS) reporting requirements by collecting vendor information and prepare Form 1099 submissions, as applicable. • Maintain financial and administrative records for five (5) years, as directed by JRIC staff.
In consideration for providing fiduciary and administrative services, the City will be compensated at a rate of twenty percent (20%) of the funds received on behalf of JRIC.
This compensation is intended to offset the City's staffing, administrative, and overhead costs.
The agreement will remain in effect for a term of five (5) years, unless terminated by either party with ninety (90) days written notice.
The City has served as the fiduciary management agency for Equitable Sharing Program funds on behalf of the Los Angeles Regional Criminal Information Clearinghouse since May 2022. This experience has demonstrated the City's capacity and expertise to administer asset forfeiture funds in full compliance with applicable federal and state requirements.
CONCLUSION
If approved by the City Council, the City will continue the fiduciary management responsibilities for the Joint Regional Intelligence Center's Equitable Sharing Program funds.
FISCAL IMPACT
Approval of the City's role as fiduciary for the Joint Regional Intelligence Center Equitable Sharing Program funds will result in no cost impact to the City's General Fund. All costs associated with performing fiduciary responsibilities will be reimbursed through the agreed-upon compensation.
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services
RESOLUTION NO. 2026-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS APPROVING A FINANCIAL SUPPORT SERVICES
AGREEMENT BY AND BETWEEN THE CITY OF BELL GARDENS AND
THE JOINT REGIONAL INTELLIGENCE CENTER
WHEREAS, the Joint Regional Intelligence Center (“JRIC”) is a multi-agency initiative focused on criminal and counterterrorism intelligence and governed by a board of executive representatives from federal, county, municipal, and public safety agencies; and
WHEREAS, as a recognized law enforcement task force, JRIC is eligible to receive asset forfeiture funds pursuant to the U.S. Department of Justice and U.S. Department of the Treasury Guide to Equitable Sharing for State and Local Law Enforcement Agencies; and
WHEREAS, JRIC has requested that the City of Bell Gardens (“City”) serve as its fiduciary agency for purposes of administering Equitable Sharing Program funds and providing related financial management and administrative support services; and WHEREAS, under the proposed Financial Support Services Agreement (“Agreement”), the City will administer asset forfeiture funds, maintain required accounting records, process accounts payable, support audits and compliance requirements, and perform other administrative duties; and WHEREAS, the City will be compensated at a rate of twenty percent (20%) of the funds received on behalf of JRIC to offset staffing, administrative, and overhead costs, resulting in no cost impact to the City’s General Fund; and WHEREAS, The City of Bell Gardens has previously served as a fiduciary management agency for Equitable Sharing Program funds and has demonstrated the experience and capacity necessary to administer such funds in compliance with applicable federal and state requirements; and
WHEREAS, the City desires to enter into an Agreement with JRIC for fiduciary and administrative services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council, after consideration of the staff report and presentation, discussion, oral testimony and evidence presented to the City Council, hereby finds that the above recitals are true and correct and incorporate them herein.
Resolution No. 2026-04
2 of 3
SECTION 2.The City Council hereby approves the Agreement between the City and JRIC, which is attached to the staff report as Exhibit 2, in a form approved by the City Attorney.
SECTION 3. The City Council further authorizes the City Manager to execute the Agreement between the City and JRIC, consistent with this Resolution, along with any ancillary documents reasonably necessary to effectuate the intent of this Resolution.
SECTION 4.The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
PASSED, APPROVED, AND ADOPTED this 12th day of January, 2026.
THE CITY OF BELL GARDENS
Miguel De La Rosa, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ __________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
Resolution No. 2026-04
3 of 3
I, Daisy Gomez, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. 2026-04 was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on Monday, January 12, 2026, and was approved and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________________
Daisy Gomez
City Clerk
AGREEMENT FOR FINANCIAL SUPPORT SERVICES BETWEEN
THE CITY OF BELL GARDENS AND
THE JOINT REGIONAL INTELLEGENCE CENTER
This Agreement for Financial Support Services related to asset forfeiture funds (hereinafter, “Agreement”) is entered into by and between the City of Bell Gardens (hereinafter, “BELL GARDENS”) and the Joint Regional Intelligence Center (hereinafter, “JRIC”). For the purposes of this Agreement, BELL GARDENS and JRIC may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to BELL GARDENS or JRIC interchangeably.
1. RECITALS:
a) The JRIC is a multi-agency criminal and counterterrorism threat information and intelligence initiative that became operational in 2006. It is governed by the JRIC Governance Board, consisting of executives from the Federal Bureau of Investigation, Los Angeles Sheriff’s Department, Los Angeles Police Department, Long Beach Police Department, Los Angeles County Public Health Department, Los Angeles County Police Chiefs Association, and Los Angeles Area Fire Chiefs Association.
b) The JRIC routinely provides short and long-term support to partner law enforcement agencies’ investigations, thereby at times making it eligible to receive asset forfeiture funds. In accordance with the U.S. Department of Justice’s (Justice) and U.S.
Department of the Treasury’s (Treasury) Guide to Equitable Sharing for State and Local Law Enforcement Agencies (Guide), the JRIC is most closely identified as a “task force”.
c) The JRIC has requested that BELL GARDENS provide financial support services related to asset forfeiture funds as its fiduciary agency, as hereinafter detailed.
The Parties hereto agree as follows:
2. SCOPE OF SERVICES. Effective as of the last signature date indicated on Page 5 of 5, BELL GARDENS will provide financial support services for the JRIC involving asset forfeiture funds in accordance with the Guide (and any subsequent updates), applicable local and state legislation, and as follows:
(a) Receipt of Funds. BELL GARDENS, with the assistance of the JRIC, will submit the Justice Equitable Sharing Request Form (DAG-71) or Treasury Request for Transfer of Property Seized/Forfeited by a Treasury Forfeiture Fund Participating Agency form (TD F 92-22.46) to the seizing agency on behalf of the JRIC for investigations where analytical support by JRIC personnel directly contributed to the investigative effort.
Funds will be deposited into accounts maintained by BELL GARDENS and designated for the benefit of the JRIC.
(b) Accounts payable. BELL GARDENS will receive and process for payment, on an as needed basis, invoices, payment vouchers, requests for advances and such other requests for payments that are compliant with the Guide and have been approved by JRIC Executive Director or designee. BELL GARDENS will prepare and return checks to
AGREEMENT FOR FINANCIAL SUPPORT SERVICES BETWEEN
THE CITY OF BELL GARDENS AND
THE JOINT REGIONAL INTELLEGENCE CENTER
JRIC for distribution to payees, except where previously authorized by the JRIC for electronic remittance. The Parties will agree on the method of overnight delivery or courier service for all JRIC documents.
(c) Accounting of Funds. BELL GARDENS will prepare and maintain records on behalf of the JRIC of all forfeiture funds received from a seizing agency. BELL GARDENS will also prepare and maintain expenditure records related to the same funds.
Recaps and reports will be submitted to the JRIC. The Parties will agree in writing as to the format, frequency and distribution of such reports.
(d) Cooperation with Independent Auditors of JRIC operations. BELL GARDENS will cooperate fully and supply requested information to independent auditors selected by mutual agreement.
(e) Equitable Sharing Agreement and Certification. BELL GARDENS will annually prepare the Equitable Sharing Agreement and Certification. All direction regarding expenditures, decision making, and compliance with the Guide shall be the responsibility of the JRIC.
(f) IRS Form 1099 Filings. BELL GARDENS, with assistance from JRIC staff, will collect all necessary information from JRIC vendors to enable the filing of IRS Form 1099, as required by law.
(g) Maintenance of Records. BELL GARDENS will maintain, for a period of five (5) years, electronic and paper records as directed, in writing, by JRIC staff.
(h) Services Specifically Excluded. BELL GARDENS will not physically handle any cash, nor will it process any payrolls. It will not act as a trustee, but rather as a provider of financial support services to the JRIC. All directions regarding expenditures, decision making and compliance with the adopted fiscal guidelines regarding the expenditure of funds shall be the responsibility of the JRIC. BELL GARDENS will not have signature authority on routine accounts payable transactions. BELL GARDENS shall have no obligation to fund any of the debts, expenses, obligations or operations of JRIC, whether or not described in this Agreement.
3. COMPENSATION. The JRIC agrees to pay BELL GARDENS the sum of twenty percent (20%) of funds received on behalf of the JRIC as compensation for the costs associated with BELL GARDENS’ role as the JRIC’s fiduciary agency related to asset forfeiture funds.
The receipt of such funds is a condition precedent to the JRIC’s obligation to compensate BELL GARDENS. The compensation for services will be subject to annual review and adjustment by written agreement of the Parties. BELL GARDENS will maintain records of the staffing and overhead costs associated with this Agreement.
4. TERM. This Agreement shall remain in effect for a term of five (5) years, unless
AGREEMENT FOR FINANCIAL SUPPORT SERVICES BETWEEN
THE CITY OF BELL GARDENS AND
THE JOINT REGIONAL INTELLEGENCE CENTER
canceled, in writing, by either party with an advance ninety (90) day notice. At such time as the Agreement is terminated, BELL GARDENS agrees to provide the JRIC with computer readable records of all JRIC data files.
5. CONFIDENTIALITY OF RECORDS. All of the data prepared, assembled or maintained by BELL GARDENS is confidential and shall not be made available to any individual or organization without the prior written approval of the JRIC or upon court order. In the event that the JRIC instructs BELL GARDENS to withhold data or documents and that decision is challenged in court, the JRIC agrees to appear and defend such action and hold BELL GARDENS harmless from any judgment or award of attorney's fees.
6. INDEMNIFICATION. With respect to its duties hereunder, BELL GARDENS shall indemnify and hold harmless the JRIC, its officers and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the JRIC, and shall defend, indemnify and hold harmless the JRIC, its officers, and employees, from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, worker's compensation claims, resulting from or arising out of the negligent acts, intentional acts, errors or omissions of BELL GARDENS, its employees or subcontractors.
With respect to its duties hereunder, the JRIC shall indemnify and hold harmless BELL GARDENS, its officers and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of BELL GARDENS, and shall defend, indemnify and hold harmless BELL GARDENS, its officers, and employees, from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, worker's compensation claims, resulting from or arising out of the negligent acts, intentional acts, errors or omissions of the JRIC, its employees or subcontractors.
7. COMMERCIAL CRIME PROGRAM INSURANCE. BELL GARDENS will maintain, in full force and effect during the term of this Agreement, a policy of insurance with a $1,000,000 total limit per loss for employee dishonesty, forgery and alteration, theft, disappearance and destruction, robbery and safe burglary, and computer fraud including funds transfer coverage.
8. BELL GARDENS NOT AGENT. Except as the JRIC may specify, in writing, BELL GARDENS, its agents, employees and subcontractors shall have no authority, expressed or implied, to act on behalf of the JRIC, as agents or otherwise, or to bind the JRIC to any obligation.
9. FAIR EMPLOYMENT PRACTICES. BELL GARDENS agrees that all persons employed by BELL GARDENS shall be treated equally without regard to or because of race, color, religion, ancestry, national origin, handicap, sex, marital status, or age in compliance with all anti-discrimination laws of the United States of America and the State of California.
AGREEMENT FOR FINANCIAL SUPPORT SERVICES BETWEEN
THE CITY OF BELL GARDENS AND
THE JOINT REGIONAL INTELLEGENCE CENTER
10. COMPLIANCE WITH LAWS. BELL GARDENS agrees to comply with all State and Federal laws, rules and regulations (such as the Guide) now or hereafter in force, pertaining to the services performed by BELL GARDENS pursuant to this Agreement.
11. SEVERABILITY. BELL GARDENS and the JRIC agree that the invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision.
12. ATTORNEY'S FEES. If any legal action, including an action for declaratory relief, is brought to enforce or interpret any of the provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney’s fees and costs of suit in addition to any other relief to which it may be entitled.
13. AUTHORITY TO EXECUTE. BELL GARDENS acknowledges and represents that the person executing this Agreement on its behalf has the authority to do so. The JRIC acknowledges and represents that the person executing this Agreement on its behalf has the authority to do so.
14. NOTICES. Any notice required in this Agreement to be given to either Party may be given by depositing in the United States mail, postage prepaid, addressed as follows:
BELL GARDENS: JRIC:
City Manager and
Chief of Police
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
Executive Director
12440 Imperial Highway
Suite 700
Norwalk, CA 90650
15. CALIFORNIA LAW TO GOVERN. This Agreement is entered into, and shall be construed and interpreted in accordance with, the laws of the State of California.
16. ENTIRE AGREEMENT. This Agreement contains the sole and entire agreement and understanding of the Parties with respect to the entire subject matter hereof. No other agreements not specifically contained herein, oral or otherwise, shall be deemed to exist or to bind any of the Parties hereto.
17. WAIVER, MODIFICATION AND AMENDMENT. No provisions of the Agreement may be waived unless in writing, signed by the Parties. Waiver of any one provision therein shall not be deemed to be a waiver of any other provision therein. The Agreement may be modified or amended only by a written agreement executed by all of the Parties.
AGREEMENT FOR FINANCIAL SUPPORT SERVICES BETWEEN
THE CITY OF BELL GARDENS AND
THE JOINT REGIONAL INTELLEGENCE CENTER
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the last signature date below.
CITY OF BELL GARDENS
________________________________________ _________________ By Michael B. O’Kelly, City Manager Date
JOINT REGIONAL INTELLIGENCE CENTER
________________________________________ _________________ By Bryan D. Denny, Executive Director Date
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:John Acosta, Administrative Lieutenant
SUBJECT:Consideration of a Resolution Approving a First Amendment to the Contract Services Agreement with Black & White Emergency Vehicles, LLC for the Continued Purchase and Outfitting of Emergency Equipment for Police Vehicles
MEETING DATE:January 12, 2026
RECOMMENDATION:
Staff recommends that the City Council adopt the attached Resolution approving a First Amendment to the Contract Services Agreement with Black & White Emergency Vehicles, LLC to authorize additional funds in the amount of $210,875.32 for the continued purchase and installation of emergency equipment for previously purchased Police Department vehicles.
BACKGROUND/DISCUSSION:
As authorized under Resolution No. 2023-94, the City purchased the vehicles listed below:
•(10) 2025 Ford Explorer Police Interceptors;
•(1) 2025 Chevrolet Tahoe Police Interceptor;
•(1) 2025 Chevrolet Silverado 2500; and
•(1) 2025 Ford Explorer.
The previously purchased vehicles require outfitting with emergency equipment, including radios, emergency lighting, sirens, prisoner transport compartments, mobile data computers, in-car camera systems, and related storage equipment.
On April 28, 2025, the City Council approved a Contract Services Agreement with Black & White Emergency Vehicles, LLC for the purchase of equipment and outfitting of the vehicles in an amount not to exceed $328,808.11.
Since that approval of the Contract Services Agreement, the allocated funds have been fully expended. Rising vehicle costs, combined with higher equipment prices and tariffs, led to the available funding being exhausted sooner than anticipated.
Of the thirteen (13) vehicles listed above, only five (5) were outfitted: (4) 2025 Ford Explorer Police Interceptors, and (1) 2025 Chevrolet Silverado 2500.
The City still needs to purchase and outfit the following vehicles:
- (4) 2025 Ford Explorer Police Interceptors (Quote #2528) $29,033.11 per vehicle - Total: $115,689.75.
- (2) 2025 Ford Explorer Police Interceptors (Quote #2527) $26,273.45 per vehicle - Total: $52,350.30.
- (1) 2025 Ford Explorer (Quote #2531)
Total: $9,252.32.
- (1) 2025 Chevrolet Tahoe Police Interceptor (Quote #2530) Total: $33,582.95.
The total cost to outfit the remaining eight (8) vehicles is $210,875.32.
Staff recommends that the City Council approve a First Amendment to the Contract Services Agreement with Black & White Emergency Vehicles, LLC for additional funds to complete the installation of emergency vehicle equipment for the Police Department's remaining fleet, for an additional amount of $210,875.32.
CONCLUSION:
Approval of the First Amendment to the Contract Services Agreement will allow City to complete the outfitting of the remaining Police Department vehicles.
FISCAL IMPACT:
The proposed First Amendment requests an additional $210,875.32 for the outfitting of the vehicles identified above for a new total not to exceed amount of $539,683.43.
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services
RESOLUTION NO. 2026-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS APPROVING A FIRST AMENDMENT TO THE CONTRACT
SERVICES AGREEMENT WITH BLACK & WHITE EMERGENCY
VEHICLES, LLC FOR ADDITIONAL FUNDING FOR THE PURCHASE
AND INSTALLATION OF EMERGENCY EQUIPMENT FOR
PREVIOUSLY PURCHASED POLICE DEPARTMENT VEHICLES
WHEREAS, the Bell Gardens Police Department (“Police Department”) utilizes marked vehicles for the Police Department to provide emergency services to the residents of the City of Bell Gardens (“City”); and
WHEREAS, on October 23, 2023, the City Council adopted Resolution No. 2023- 94 authorizing the purchase of thirteen (13) vehicles; and WHEREAS, on April 28, 2025, the City Council approved a Contract Services Agreement with Black & White Emergency Vehicles, LLC (“B&W”) for the purchase of equipment and outfitting of the vehicles in an amount not to exceed $328,808.11; and WHEREAS, the funds approved under the Contract Services Agreement were fully expended on the outfitting of five (5) vehicles due to rising vehicle costs, combined with higher equipment prices and tariffs; and
WHEREAS, additional funds are needed for the purchase of equipment and outfitting for the remaining eight (8) vehicles for an additional amount of $210,875.32; and WHEREAS, the City now desires to enter into a First Amendment to increase the not-to-exceed amount of $328,808.11 by $210,875.32 for a new total not-to-exceed amount of $539,683.43.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1.The City Council, after consideration of the staff report and discussion, hereby find that the above recitals are true and correct and incorporate them herein.
SECTION 2. Based upon the above recitals, the staff report accompanying this Resolution, and such other oral and written evidence, the Bell Gardens City Council hereby approves a First Amendment to the Contract Services Agreement with B&W, which is attached to the staff report as Exhibit 2.
SECTION 3. The City Council further authorizes and directs the City Manager to execute the First Amendment and take all actions necessary to appropriate, implement and effectuate the intent of the City Council as set forth in this Resolution.
Resolution No. 2026-05
2 of 3
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 12th day of January, 2026.
THE CITY OF BELL GARDENS
________________________________
Miguel De La Rosa, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ________________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
Resolution No. 2026-05
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I, Daisy Gomez, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. 2026-05 was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on Monday, January 12, 2026, and was approved and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________
Daisy Gomez
City Clerk
1 2026
FIRST AMENDMENT TO CONTRACT SERVICES AGREEMENT
(Contractor: Black & White Emergency Vehicles, LLC)
(Nature of Engagement: Installation of Emergency & Electronics Equipment for Previously Purchased Vehicles)
THIS FIRST AMENDMENT (hereinafter, “First Amendment”) to that certain agreement entitled “2025 Contract Services Agreement” and dated June 18, 2025 (hereinafter, the “Master Agreement”), is hereby made and entered into this ____ day of ____________, 2026 (hereinafter, “Effective Date”), by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, “CITY”) and BLACK AND & WHITE EMERGENCY VEHICLES, LLC (hereinafter, “CONTRACTOR”). For purposes of this First Amendment, the capitalized term “Parties” shall be a collective reference to both CITY and CONTRACTOR. The capitalized term “Party” may refer to either CITY or CONTRACTOR, interchangeably as appropriate.
RECITALS
This First Amendment is made and entered into with respect to the following facts:
WHEREAS, on June 18, 2025 the Parties executed a Contract Services Agreement for Installation of Emergency & Electronics Equipment for Previously Purchased Vehicles; and
WHEREAS, the Master Agreement is attached and incorporated hereto as Exhibit “A”; and
WHEREAS, the funds approved under the Master Agreement were fully expended on the outfitting of five (5) vehicles due to rising vehicle costs, combined with higher equipment prices and tariffs; and
WHEREAS, additional funds are needed for the purchase of equipment and outfitting for the remaining eight (8) vehicles for an additional amount of $210,875.32 ; and
WHEREAS, the remaining eight (8) vehicles that need to be outfitted are described in the Master Agreement VENDOR QUOTE as “Black & White Quote Estimate #2531”, dated April 24, 2025; “Black & White Quote Estimate #2530”, dated April 24, 2025; “Black & White Quote Estimate #2527”, dated April 23, 2025; “Black & White Quote Estimate #2528”, dated April 23, 2025 (collectively, hereinafter, the “REMAINING VEHICLES VENDOR QUOTE”), which is attached and incorporated hereto as Exhibit “B”; and
WHEREAS, the Parties now wish to increase the compensation to allow CONTRACTOR to complete the required Work.
NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:
2 SECTION 1. Section 4B. (COMPENSATION) of the Master Agreement is hereby amended to increase the Aggregate Not-to-Exceed Sum of THREE HUNDRED
TWENTY-EIGHT THOUSAND EIGHT HUNDRED AND EIGHT DOLLARS AND ELEVEN CENTS ($328,808.11) by TWO HUNDRED TEN THOUSAND EIGHT HUNDRED SEVENTY-FIVE DOLLARS AND THIRTY-TWO CENTS ($210,875.32) for a new total Aggregate Not-to-Exceed Sum of FIVE HUNDRED THIRTY-NINE THOUSAND
SIX HUNDRED EIGHTY-THREE DOLLARS AND FORTY-THREE CENTS
($539,683.43).
SECTION 2. Section 2A. (Prosecution of Work) is hereby amended to extend the Completion Date to June 30, 2026, to allow CONTRACTOR to finalize the required Work.
SECTION 3. Except as otherwise set forth in this First Amendment, the Master Agreement shall remain binding, controlling, and in full force and effect. Section 22 of the Master Agreement notwithstanding, this First Amendment and Master Agreement, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.
SECTION 4. The provisions of this First Amendment shall be deemed a part of the Master Agreement and except, as otherwise provided under this First Amendment, the Master Agreement, all provisions contained therein shall remain binding and enforceable.
In the event of any conflict or inconsistency between the provisions of this First Amendment and the provisions of the Master Agreement, the provisions of this First Amendment shall control, but only in so far as such provisions conflict with the Master Agreement, and no further.
(SIGNATURES ON NEXT PAGE)
3 IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed on the day and year first appearing above.
CITY:
CITY OF BELL GARDENS
By:__________________________________
Michael B. O’Kelly, City Manager
Date:
APPROVED AS TO FORM:
By:__________________________________
Stephanie Vasquez, City Attorney
CONTRACTOR:
BLACK & WHITE EMERGENCY
VEHICLES, LLC
By:_____________________________
Name:_________________________
Title: ___________________________
Date:
4 EXHIBIT “A”
MASTER AGREEMENT
5 EXHIBIT “B”
REMAINING VEHICLES VENDOR QUOTE
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: Acceptance of the John Anson Ford Park Regional Aquatics Center Improvements (CIP No. 3888) as Complete
MEETING DATE:January 12, 2026
RECOMMENDATION:
It is staff’s recommendation that the City Council:
1) Accept the John Anson Ford Park Regional Aquatics Center Improvements (CIP No. 3888) as complete;
2) Authorize staff to file the Notice of Completion; and 3) Appropriate an additional $382,200 in General Funds to cover construction contingency costs.
BACKGROUND / DISCUSSION:
On January 22, 2024, the City Council approved a construction contract with Bernards Bros. Inc. (“Bernards”) for the construction of the John Anson Ford Park Aquatics Center Improvements (the “Project”). The scope of work included the removal of an unpermitted underground storage tank; abatement of asbestos and lead based paint of the existing building; coordination to disconnect the power from the pool building and temporarily connect the existing Recreation Office building; demolition of the existing pool building, pool walls, landscape and hardscape; preliminary site grading and final grading; erosion and stormwater pollution control; installation of temporary construction fencing; construction of a new ADA-compliant aquatics center building that includes a lobby, check-in and administrative offices, restrooms with lockers and showers, family changing rooms, pool mechanical room, new pool storage room, new mechanical room, new electrical room, storage room, lifeguard room, and a fitness center; construction of competition swimming pool, activity pool, therapy pool, pool deck, piping, equipment and finishes as shown on the plans; installation of new shade structures, bleacher seating, performance stage, terraced lawn seating, outdoor fireplace, perimeter walls, low walls, site hardscape paving, monument sign wall, site lighting, fencing, gates, tree and shrub plantings, irrigation, fencing, lighting and all other items shown and identified in the Project plans and specifications.
Construction began on April 9, 2024 and was completed on October 13, 2025. The total working days were three hundred and seventy-eight (378), and the final total construction cost was $28,248,536.68.
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 Project was partially funded with the following grants: $6,000,000 from the Land and Water Conservation Fund; $4,000,000 from L.A. County Supervisor Janice Hahn; $2,000,000 from a State Local Assistance Specified Grant; and $1,500,000 from HUD Community Project Funding. A total of $13,500,000 in grant funds was allocated for the construction of the Project. An additional amount of $3,394,000 in CDBG funds was allocated for design, labor compliance and construction management & inspection. The total amount of grants and CDBG funds allocated for the Project was $16,894,000.
A total of $14,600,000 from the General Fund was also appropriated for the Project, resulting in a total Project budget of $31,494,000. The additional requested appropriation of $382,200 in General Funds would increase the total Project budget to $31,876,200.
The estimated total Project costs are as follows:
Design (RJM Design Group)$1,129,400
Labor Compliance (Michael Baker International)$224,200
Construction Management & Inspection (Ardurra)$2,040,400 Construction Cost (Bernards)$26,334,000
Construction Contingency (8%) (Bernards and Utility
Connection Costs)
$2,142,600
Publication & Misc. Costs $5,600
TOTAL ESTIMATED PROJECT COST $31,876,200
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 10/13/25_. The work done was:
John Anson Ford Park Regional Aquatics Center Improvements (CIP No. 3888) The project included the removal of an unpermitted underground storage tank; abatement of asbestos and lead based paint of the existing building; coordination to disconnect the power from the pool building and temporarily connect the existing Recreation Office building; demolition of the existing pool building, pool walls, landscape and hardscape; preliminary site grading and final grading; erosion and stormwater pollution control; installation of temporary construction fencing; construction of a new ADA-compliant aquatics center building that includes a lobby, check-in and administrative offices, restrooms with lockers and showers, family changing rooms, pool mechanical room, new pool storage room, new mechanical room, new electrical room, storage room, lifeguard room, and a fitness center; construction of competition swimming pool, activity pool, therapy pool, pool deck, piping, equipment and finishes as shown on the plans; installation of new shade structures, bleacher seating, performance stage, terraced lawn seating, outdoor fireplace, perimeter walls, low walls, site hardscape paving, monument sign wall, site lighting, fencing, gates, tree and shrub plantings, irrigation, fencing, lighting and all other items shown and identified in the project plans and specifications.
7. The names of the contractor, if any, for such work of improvement was Bernards Bros. Inc.
January 22, 2024
(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: John Anson Ford Park is a municipal park.
9. The street address of said property is 8000 Park Lane, Bell Gardens, CA (If no street address has been officially assigned, insert “none”.)
Dated January 12, 2026 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)
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 Douglas Benash, P.E., City Engineer
SUBJECT:Consideration of a Resolution Authorizing the Installation of Red Curb Parking Restrictions Fronting 6423 El Selinda Avenue and 5845 Clara Street, and a Disabled Person Parking Space Fronting 7741 Ramish Avenue
MEETING DATE:January 12, 2026
RECOMMENDATION:
It is staff’s recommendation that the City Council:
1. Adopt the attached Resolution authorizing the installation of three (3) feet of red curb ‘no-parking’ restrictions fronting 6423 El Selinda Avenue, six (6) feet of red curb ‘no-parking restriction’ fronting 5845 Clara Street, and 18 feet of blue curb “disabled person parking” fronting 7741 Ramish Avenue; and
2. Rescind Resolution No. 2025-107.
BACKGROUND / DISCUSSION:
Red Curb ‘No Parking’ fronting 6423 El Selinda Avenue
The Public Works Department received a request from a resident to install three (3) feet of red curb on the north side of the driveway at 6423 El Selinda Avenue to allow better sight distance while exiting the property. The City addresses these types of requests on a case by-case basis.
In response to the request, the City Traffic Engineer completed a site investigation and determined that parked vehicles near the driveway may create a situation where drivers enter the roadway without having a clear line of sight of oncoming cars. The City Engineer recommended three (3) feet of red curb tipping, as shown in Figure 1, to improve safety and visibility and prevent vehicles from parking and blocking access to the residential driveway. At its meeting on December 2, 2025, the Traffic and Safety Commission discussed the item and approved the recommended three (3) feet of red curb tipping for the City Council’s consideration.
Red Curb ‘No Parking’ fronting 5845 Clara Street
The Public Works Department received a request from a resident to install three (3) feet of red curb on both sides of the driveway at 5845 Clara Street to allow better sight distance while exiting the property. The City addresses these types of requests on a case-by-case basis.
In response to the request, the City Traffic Engineer completed a site investigation and determined that parked vehicles near the driveway may create a situation where drivers enter the roadway without having a clear line of sight of oncoming cars. The City Engineer recommended three (3) feet of red curb tipping on each side of the driveway, as shown in Figure 2, to enhance visibility and maneuverability when entering or exiting the property. At its meeting on December 2, 2025, the Traffic and Safety Commission discussed the item and approved the installation of a total of six (6) feet of red curb tipping for the City Council’s consideration.
Figure 2 – 3 feet of red curb tipping on each side of the driveway fronting 5845 Clara Street
Blue Curb Fronting 7741 Ramish Avenue
Staff received a request to install a disabled person parking space from the resident at 7741 Ramish Avenue. The applicant is requesting a disabled person parking space fronting 7741 Ramish Avenue. The applicant provided all necessary documentation, including the application, which states that the applicant have a “disabled person” license plate, have a valid driver’s license, and a signed statement from a medical doctor that the disabled person is unable to travel more than 50 feet between his or her home and automobile without assistance of a second person, even with the aid of crutches, braces, walker, wheelchair or similar support device.
The City Traffic Engineer investigated the site and determined that the location does qualify for a disabled person parking space due to the existing on-site parking layout. At its meeting on December 2, 2025, the Traffic and Safety Commission discussed the item and approved the installation of 18 feet of blue curb for the City Council’s consideration.
The restrictions are illustrated below:
CONCLUSION:
If the City Council adopts the attached resolution, Public Works will proceed with the installation of red curb parking restrictions fronting 6423 El Selinda Avenue and 5845 Clara Street; and a disabled person parking space fronting 7741 Ramish Avenue.
FISCAL IMPACT:
The estimated cost for the installation of all parking restrictions, including signage, is $1,250 and is available in the current Street Maintenance Budget.
APPROVALS:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services
RESOLUTION NO. 2026-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, ESTABLISHING PARKING
RESTRICTIONS IN THE CITY OF BELL GARDENS IN ACCORDANCE
WITH CHAPTER 13.20 (PARKING) OF THE BELL GARDENS
MUNICIPAL CODE AND RESCINDING AND SUPERSEDING
RESOLUTION NO. 2025-107
WHEREAS, the City Council desires to reaffirm and ratify and re-establish those parking restrictions presently in effect in the City of Bell Gardens as adopted by Resolution No. 2025-107; and
WHEREAS, the City Council desires to install 18 feet of blue curb “Disabled Person Parking” restrictions fronting 7741 Ramish Avenue as described in Section (V) (E)(16); 6 feet of red curb “No Parking” at 5845 Clara Street; and 3 feet of red curb “No Parking” at 6423 El Selinda Avenue as described in Sections (1)(A)(184)(185) and (186) of the Parking Restrictions which are attached and incorporated hereto as Exhibit “A.”
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 incorporated herein.
SECTION 2. Resolution No. 2025-107 is hereby rescinded, repealed, replaced and superseded in its entirety by this Resolution.
SECTION 3. The City Council hereby approves the Parking Restrictions attached and incorporated hereto as Exhibit “A.”
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.
[Signatures on the following page]
Resolution 2026-06
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PASSED, APPROVED, and ADOPTED this 12th day of January 2026.
THE CITY OF BELL GARDENS
Miguel de la Rosa, Mayor
APPROVED AS TO FORM: ATTEST:
Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
Resolution 2026-06
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I, Daisy Gomez, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. 2026-06 was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on Monday, January 12, 2026, and was approved and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________
Daisy Gomez
City Clerk
Resolution 2026-06
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EXHIBIT “A”
PARKING RESTRICTIONS
I.The stopping, standing, or parking of a vehicle upon any of the following streets or parts thereof shall be prohibited, pursuant to Section 13.20.120 of the Bell Gardens Municipal Code, at all times or during such other hours as are set forth herein:
A.At all times (red curb).
1. The north side of Gage Avenue from a point eight hundred fifty-five (855) feet east of the prolongation of the east curb of Garfield Avenue to a point two hundred (200) feet west of the prolongation of the west curb of Darwell Avenue;
2. The south side of Gage Avenue from a point five hundred seventy-five (575) feet west of the prolongation of the east curb of Garfield Avenue to the prolongation of the east curb of Ira Avenue;
3. On the north and south sides of Gage Avenue from Specht Avenue to Eastern Avenue;
4. On the north and south sides of Gage Avenue from the prolongation of the easterly curb of Eastern Avenue to a point two hundred (200) feet easterly thereof;
5. On the north and south sides of Gage Avenue from a point two hundred (200) feet west of the prolongation of the westerly curb of Colmar Avenue to a point two hundred (200) feet east of the prolongation of the easterly curb of Colmar Avenue;
6. On the north and south sides of Gage Avenue from a point two hundred (200) feet west of the prolongation of the westerly curb of Jaboneria Road to a point two hundred (200) feet east of the prolongation of the easterly curb of Jaboneria Road;
7. The east side of Darwell Avenue from the prolongation of the northerly curb of Florence Avenue to a point six hundred twenty (620) feet north of the prolongation of the northerly curb of Loveland Avenue;
8. The west side of Marlow Avenue from the driveway at 5560 Ludell Street to a point two hundred fifty (250) feet northerly thereof;
9. The north side of Florence Avenue from the prolongation of the east curb line of Ira Avenue to a point two hundred thirty-five (235) feet east of the prolongation of the east curb line of Toler Avenue;
10. The north side of Shull from the prolongation of the easterly curb of Garfield Avenue to a point one hundred sixty-five (165) feet easterly thereof;
11. The south side of Suva Street between Loveland Street and Emil Avenue;
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12. The west side of Bell Gardens Avenue from the prolongation of the southerly curb of Quinn Street to a point six hundred (600) feet north of the prolongation of the northerly curb of Gotham Street;
13. The south side of Gage Avenue from a point two hundred fifty (250) feet west of the prolongation of the westerly curb of Chalet Drive to a point two hundred seventy (270) feet east of the prolongation of the easterly curb of Chalet Drive;
14. The south side of Clara Street between the west City limits and the south Clara Street service road;
15. The north side of Clara Street from the west City limits to the north Clara Street service road;
16. The north and south side of Loveland Street from the prolongation of the west curb on Garfield Avenue to a point two hundred fifteen (215) feet westerly thereof;
17. The south side of Florence Avenue from the prolongation of the west curb of Priam Drive to a point sixty-three (63) feet westerly thereof;
18. The north side of Gage Avenue from two hundred seventy (270) feet west of the prolongation of the west curb line of Emil Avenue to a point nine hundred sixty (960) feet westerly thereof;
19. The red curb would begin on the north side of Agra Street from a point four hundred (400) feet west of the prolongation of the west curb line of Jaboneria Road to a point four hundred fifty (450) feet westerly thereof;
20. The south side of Gage Avenue from a point four hundred (400) feet east of the prolongation of the east curb of Perry Road to a point four hundred sixty (460) feet easterly thereof;
21. The south side of Quinn Street from the prolongation of the west curb of Jaboneria Road to a point one hundred (100) feet westerly thereof;
22. The north and south sides of Gage Avenue from the west City limits to the service roads;
23. The east and west sides of Scout Avenue from the prolongation of the north curb of Florence Avenue to a point two hundred fifty (250) feet northerly thereof;
24. The north side of Florence Avenue from a point three hundred (300) feet west of the prolongation of the west curb line of Scout Avenue to the east City limits;
25. The west side of Jaboneria Road from the prolongation of the north curb of Gage Avenue to a point two hundred (200) feet northerly thereof;
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26. The east side of Jaboneria Road from the prolongation of the north curb of Gag Avenue to a point fifty (50) feet northerly thereof;
27. The east and west sides of Jaboneria Road from the prolongation of the south curb of Gage Avenue to a point two hundred (200) feet southerly thereof;
28. The east side of Eastern Avenue from the prolongation of the north curb line of Florence Avenue to a point five hundred forty-five (545) feet northerly thereof;
29. The east side of Eastern Avenue from the prolongation of the south curb line of Florence Avenue to a point two hundred (200) feet southerly thereof;
30. The north side of Florence Avenue from the prolongation of the east curb line of Eastern Avenue to a point one hundred ninety-five (195) feet east of the prolongation of the east curb line of Ajax Avenue;
31. The north and south sides of Florence Avenue from the prolongation of the west curb line of Eastern Avenue to the west City limits;
32. The north side of Suva Street from a point six hundred ninety-four (694) feet east of the prolongation of the east curb line of Emil Avenue to a point seven hundred six (706) feet easterly thereof;
33. The west side of Ira Avenue from the prolongation of the southerly curb line of Clara Street to the westerly curb line of Garfield Avenue;
34. The east side of Eastern Avenue from the prolongation of the northerly curb line of Watcher Street to the northerly City limits;
35. The south side of Florence Avenue from the prolongation of the east curb line of Eastern Avenue to a point one hundred seven (107) feet east of the prolongation of the east curb line of El Selinda Avenue;
36. The north side of Agra Street from a point four hundred (400) feet west of the prolongation of the west curb line of Jaboneria Road to a point six hundred (600) feet westerly thereof;
37. The east side of Garfield Avenue from a point one hundred ninety (190) feet south of the prolongation of the south curb of Cecilia Avenue to a point two hundred ten (210) feet southerly thereof;
38. The north side of Clara Street from a point 175’ west of the western prolongation of Kress Street to a point 200’ westerly thereof;
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39. The south side of Suva Street from a point six hundred fifty-five (655) feet east of the prolongation of the east curb line of Emil Avenue to a point seven hundred thirty-five (735) feet easterly thereof;
40. The west side of Garfield Avenue from the prolongation of the easterly curb line of Eastern Avenue to a point one hundred twenty (120) feet northerly thereof;
41. The south side of Clara Street from a point one hundred seventy-two (172) feet east of the prolongation of the easterly curb of Garfield Avenue to a point three hundred twenty (320) feet easterly thereof;
42. The south side of Florence Avenue from a point one hundred seventy (170) feet west of the prolongation of the west curb line of Jaboneria Road to a point seventy (70) feet east of the prolongation of the east curb line of Jaboneria Road;
43. The south side of Florence Avenue from a point fifty (50) feet east of the prolongation of the east curb line of Ira Avenue to a point forty (40) feet west of the prolongation of the west curb line of Ira Avenue;
44. The south side of Florence Avenue from a point two hundred sixty-five (265) feet east of the prolongation of the east curb line of Ira Avenue to a point three hundred ninety (390) feet easterly thereof;
45. The south side of Florence Avenue from a point two hundred ten (210) feet west of the prolongation of the west curb line of Toler Avenue to a point seventy-five (75) feet east of the prolongation of the east curb line of Toler Avenue;
46. The south side of Florence Avenue from a point one hundred forty-five (145) feet west of the prolongation of the west curb line of Garfield Avenue to a point three hundred thirty-five (335) feet east of the prolongation of the east curb line of Garfield Avenue;
47. The south side of Florence Avenue from a point one hundred thirty (130) feet west of the prolongation of the west curb line of Perry Road to a point forty (40) feet east of the prolongation of the east curb line of Perry Road;
48. The south side of Florence Avenue from a point sixty-five (65) feet west of the prolongation of the west curb line of Kress Avenue to a point seventy (70) feet east of the prolongation of the east curb line of Kress Avenue;
49. The south side of Florence Avenue from a point one hundred twenty-five (125) feet west of the prolongation of the west curb line of Emil Avenue to a point one hundred sixty-three (163) feet east of the prolongation of the east curb line of Emil Avenue;
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50. The north side of Florence Avenue from a point sixty-two (62) feet west of the prolongation of the west curb line of El Selinda Avenue to a point one hundred thirty (130) feet east of the prolongation of the east curb line of El Selinda Avenue;
51. The north side of Florence Avenue from a point one hundred sixty-five (165) feet west of the prolongation of the west curb line of Jaboneria Road to a point seventy (70) feet east of the prolongation of the east curb line of Jaboneria Road;
52. The north side of Florence Avenue from the prolongation of the west curb line of Ira Avenue to a point sixty-five (65) feet westerly thereof;
53. The west side of Eastern Avenue from the prolongation of the south curb line of Lubec Street to the prolongation of the north curb line of Priory Street;
54. The north side of Florence Avenue from the prolongation of the east curb line of Granger Avenue to a point sixty-five (65) feet easterly thereof;
55. The north side of Florence Avenue from a point sixty-three (63) feet west of the prolongation of the west curb line of Perry Road to a point one hundred fifty (150) feet east of the prolongation of the east curb line of Perry Road;
56. The north side of Florence Avenue from a point fifty-seven (57) feet west of the prolongation of the west curb line of Emil Avenue to a point one hundred ninety-five (195) feet east of the prolongation of the east curb line of Emil Avenue;
57. The north side of Florence Place from a point two hundred thirty (230) feet west of the prolongation of the west curb line of Toler Avenue to a point fifty-five (55) feet east of the prolongation of the east curb line of Toler Avenue;
58. The east side of Eastern Avenue from the prolongation of the south curb line of Fry Street to the prolongation of the north curb line of Live Oak Street;
59. The north side of Live Oak Street from the prolongation of the east curb line of Eastern Avenue to a point one hundred fifty (150) feet easterly thereof;
60. The north side of Fry Street from the prolongation of the east curb line of Eastern Avenue easterly to the school property;
61. The north side of Priory Street from the prolongation of the west curb line of Eastern Avenue westerly to the west City limits;
62. The south side of Priory Street from the prolongation of the west curb line of Eastern Avenue to a point one hundred fifty (150) feet westerly thereof;
63. The west side of Darwell Avenue from the prolongation of the south curb line of Gage Avenue to a point one hundred eighty (180) feet southerly thereof;
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64. The south side of Scout Avenue from a point thirty (30) feet west of the west property line of 7800 Scout Avenue easterly to a point fifty (50) feet;
65. The south side of Scout Avenue from the east property line of 7800 Scout Avenue westerly to a point thirty (30) feet;
66. The north side of Florence Place from the prolongation of the east curb of Garfield Avenue to a point two hundred thirty (230) feet easterly thereof;
67. The south side of Lubec Street from the prolongation of the west curb of Eastern Avenue to a point one hundred ninety-five (195) feet east of the prolongation of the east curb of Marlow Avenue;
68. The south side of Quinn Avenue from Lynda Lane to a point twenty-five (25) feet east of the prolongation of the east curb of Lynda Lane;
69. The east side of Eastern Avenue between the points six hundred sixty-five (665) feet and seven hundred twenty-five (725) feet north of the prolongation of the north curb of Florence Avenue;
70. The east side of Garfield Avenue from a point three hundred twenty-five (325) feet south of the prolongation of the south curb line of Loveland Street to a point five hundred thirty-five (535) feet southerly thereof;
71. The east side of Eastern Avenue from the prolongation of the south curb of Gage Avenue to a point two hundred thirty (230) feet southerly thereof;
72. The north and south sides of Clara Street from the prolongation of the west curb of Eastern Avenue to a point three hundred fifty (350) feet westerly thereof;
73. The north and south sides of Clara Street from the prolongation of the east curb of Eastern Avenue to a point two hundred fifty-five (255) feet easterly thereof;
74. The west side of Scout Avenue from the prolongation of the south curb of Florence Avenue to the prolongation of the east curb of Priam Drive;
75. The east side of Scout Avenue from the prolongation of the south curb of Florence Avenue to a point one hundred (100) feet south of the prolongation of the south curb of Clara Street;
76. The south side of Hannon Street from a point six hundred (600) feet east of the prolongation of the east curb of Chalet Drive to a point six hundred seventy-five (675) feet southerly thereof;
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77. The north side of Hannon Street from a point six hundred twenty-five (625) feet east of the prolongation of the east curb of Chalet Drive to a point seven hundred seventy-five (775) feet southerly thereof;
78. The west side of Perry Road from the prolongation of the south curb of Florence Avenue to a point three hundred five (305) feet southerly thereof;
79. The east side of Perry Road from the prolongation of the south curb of Florence Avenue to a point one hundred (100) feet southerly thereof;
80. The east side of Colmar Avenue from the prolongation of the south curb of Gage Avenue to a point fifty-five (55) feet southerly thereof;
81. The west side of Perry Road from the prolongation of the north curb of Florence Avenue to the alley northerly thereof;
82. The east side of Greenwood Avenue from the prolongation of the south curb of Gage Avenue to a point one hundred five (105) feet southerly thereof;
83. The west side of Greenwood Avenue from the prolongation of the south curb of Gage Avenue to a point fifty (50) feet southerly thereof;
84. The north side of Gage Avenue from the prolongation of the west curb of Greenwood Avenue to a point one hundred five (105) feet westerly thereof;
85. The west side of Emil Avenue from the prolongation of the south curb of Gage Avenue to a point forty (40) feet southerly thereof;
86. The east side of Emil Avenue from the prolongation of the south curb of Gage Avenue to a point one hundred fifty (150) feet southerly thereof;
87. The east side of Darwell Avenue from the prolongation of the south curb of Gage Avenue to a point seventy (70) feet southerly thereof;
88. The east side and west side of Darwell Avenue from the prolongation of the north curb of Gage Avenue to a point sixty (60) feet northerly thereof;
89. The west side of Colmar Avenue from the prolongation of the north curb of Gage Avenue to a point seventy-five (75) feet northerly thereof;
90. The south side of Gage Avenue from the prolongation of the west curb of Greenwood Avenue to a point two hundred five (205) feet westerly thereof;
91. The north side of Gage Avenue from a point two hundred eighty-five (285) feet east of the prolongation of the east curb of Chalet Drive to a point three hundred twenty- five (325) feet west of the prolongation of the west curb of Chalet Drive;
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92. The east side of Chalet Drive from the prolongation of the south curb of Gage Avenue to a point one hundred forty (140) feet southerly thereof;
93. The north side of Gage Avenue from a point two hundred forty-five (245) feet east of the prolongation of the east curb of Emil Avenue to a point two hundred thirty-five (235) feet west of the prolongation of the west curb of Emil Avenue;
94. The south side of Gage Avenue from a point one hundred sixty (160) feet west of the prolongation of the west curb of Emil Avenue to a point two hundred thirty-five (235) feet west of the prolongation of the east curb of Emil Avenue;
95. The west side of Garfield Avenue from the prolongation of the south curb of Loveland Street to a point two hundred fifty (250) feet southerly thereof;
96. The east side of Garfield Avenue from a point four hundred (400) feet north of the prolongation of the north curb of Clara Street to a point six hundred sixty-five (665) feet northerly thereof;
97. The west side of Jaboneria Road from the prolongation of the north curb of Clara Street to a point one hundred seventy (170) feet northerly thereof;
98. The east side of Jaboneria Road from the prolongation of the south curb of Clara Street to a point one hundred seventy-six (176) feet southerly thereof;
99. The south side of Clara Street from the prolongation of the west curb of Jaboneria Road to a point one hundred seventy-seven (177) feet westerly thereof; 100. The north side of Clara Street from the prolongation of the east curb of Jaboneria Road to a point one hundred thirty (130) feet easterly thereof; 101. The west side of Emil Avenue from a point two hundred seventy (270) feet south of the prolongation of the south curb of Florence Avenue to a point two hundred ninety (290) feet southerly thereof;
102. The south side of Shull Street from a point eight hundred eighty-nine (889) feet east of the BCR at Jaboneria Road, twenty-five (25) feet east and west of the back driveway at 5700 Shull Street;
103. The north side of Clara Street from a point one hundred forty-five (145) feet west of the prolongation of the west curb of Ira Avenue to a point one hundred sixty (160) feet westerly thereof;
104. The north side of Clara Street from a point one hundred ninety (190) feet west of the prolongation of the west curb of Ira Avenue to a point two hundred five (205) feet westerly thereof;
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105. The north side of Clara Street from a point four hundred (400) feet west of the prolongation of the west curb of Ira Avenue to a point four hundred fifteen (415) feet westerly thereof;
106. The north side of Clara Street from a point four hundred forty-five (445) feet west of the prolongation of the west curb of Ira Avenue to a point four hundred sixty (460) feet westerly thereof;
107. The north side of Watcher Street from a point eighty (80) feet east of the west curb of Jaboneria Road to a point ninety (90) feet south of the north curb of Watcher Street on the west side of Jaboneria Road;
108. The east side of Colmar Street from a point fifty (50) feet north of the prolongation of the north curb line of Lanto Street to a point one hundred fifty-five (155) feet northerly, thereof;
109. The east side of Emil Avenue south of Clara Street at alley entrance from the BCR on the north side of alley to a point twenty (20) feet northward on the east side of Emil Avenue; and from the BCR on the south side of alley to a point twenty (20) feet southward on the east side of Emil Avenue;
110. The west side of Emil Avenue south of Clara Street from the BCR on the north side of alley to a point twenty (20) feet northward on the west side of Emil Avenue; 111. The south side of Florence Avenue from a point one hundred forty (140) feet west of the prolongation of the west curb line of Ira Avenue to a point one hundred sixty- eight (168) feet westerly thereof;
112. The west side of Garfield Avenue from a point twenty-five (25) feet south of the southern prolongation of Loveland Street to a point four hundred twenty-five (425) feet southerly, thereof;
113. The west side of Garfield Avenue from a point five hundred fifty (550) feet south of the southern prolongation of Loveland Street to a point seven hundred nineteen (719) feet southerly, thereof;
114. The north side of the southern Clara Street service road from the west City limits cul-de-sac to a point two hundred eighty-five (285) feet easterly thereof; 115. The west side of Ajax Avenue from the prolongation of the southern curb line of Lubec Street, to a point five hundred sixty-two (562) feet southerly thereof;
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116. The south side of Ludell Street from a point of (12) feet west of the prolongation of the western curbline of El Selinda, to a point one hundred four feet (104) westerly thereof;
117. The south side of Gage from a point four hundred twenty-three (423) feet east of the prolongation of the east curb line of Garfield Avenue to a point five hundred twenty three feet easterly thereof;
118. The south side of Park Lane, from a point four hundred twenty-three (423) feet east of the eastern prolongation of the east side of Garfield Avenue, to a point five hundred twenty-three (523) feet easterly thereof;
119. The southside of Priory Street, twenty-one (21’) feet west of the western prolongation to a point of six hundred fifty-eight (658’) westerly thereof; 120. The north side of Agra Street, from a point four hundred eighty seven (487) feet from the east prolongation of Colmar Street to a point six hundred and one (601) feet easterly thereof. For a total of one hundred and fourteen (114) feet; 121. The north side of Lubec Street from a point fourteen (14) feet east of the eastern prolongation of Specht Avenue to a point one hundred forty-three (143) feet easterly thereof;
122. The north side of Foster Bridge Blvd from a point twenty-five (25) feet west of the western prolongation of Priam Drive to a point fifty-five (55) feet westerly thereof; 123. The north side of Foster Bridge Blvd from a point one hundred ninety-three (193) feet west of the western prolongation of Cassandra Avenue to a point two hundred forty-one (241) feet westerly thereof;
124. The east side of Emil Avenue from a point twenty-six (26) feet of the southern prolongation of Otto Street to a point fifty-six (56) feet southerly thereof; 125. The east side of Priam Drive from a point ten (10) feet north of the northern prolongation of Foster Bridge Blvd to a point forty (40) feet northerly thereof; 126. The west side of Priam Drive from a point fifteen (15) feet north of prolongation of Foster Bridge Blvd to a point thirty (30) feet northerly thereof; 127. The east side of Garfield Avenue from a point ten (10) feet south of the southern prolongation of Gallant Street to a point forty-one (41) feet southerly thereof; 128. The south side Gotham Street (at 5648 Gotham Street) from a point fifteen (15) feet south of the west of the western prolongation of the alley to a point fifty (50) feet westerly thereof;
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129. The east side of Scout Avenue from a point five hundred twenty-two (522) feet north of the northerly prolongation of Florence Avenue to a point five hundred sixty- two (562) feet northerly thereof;
130. The east side of Scout Avenue from a point six hundred and eight (608) feet north of the northerly prolongation of Florence Avenue to a point six hundred forty-eight (648) feet northerly thereof;
131. The west side of Scout Avenue from a point five hundred and sixty (560) feet south of the southern prolongation of Live Oak Street to a point of six hundred (600) feet southerly thereof;
132. The west side of Scout Avenue from a point six hundred thirty (630) feet south of the southern prolongation of Live Oak Street to a point of six hundred fifty (650) feet southerly thereof;
133. The west side of Scout Avenue from a point seven hundred twenty-five (725) feet south of the southern prolongation of Live Oak Street to a point seven hundred sixty-five (765) feet southerly thereof;
134. The west side of Scout Avenue from a point eight hundred (800) feet south of the southern prolongation of Live Oak Street to a point eight hundred twenty (820) feet southerly thereof;
135. The south side of Foster Bridge Blvd from a point seven hundred and seventy- seven (777) feet west of the western prolongation of Scout Avenue to a point seven hundred and ninety four (794) feet westerly thereof;
136. The south side of Foster Bridge Blvd from a point eight hundred forty-six (846) feet west of the western prolongation of Scout Avenue to a point eight hundred sixty- nine (869) feet westerly thereof;
137. On the north side of Lubec Street from a point thirteen (13) feet east of the eastern prolongation of El Cortez Avenue, to a point fifty-three (53) feet easterly thereof; 138. On the north side of Suva Street from a point nine-hundred and seven (907) feet west of the west prolongation of Scout Avenue to a point forty (40) feet westerly thereof;
139. On the north side of Florence Place from a point two hundred and fifty-one (251) feet west of the west prolongation of Garfield Avenue to a point fifty-seven (57) feet westerly thereof;
140. On the north side of Agra Street from a point six hundred one (601) feet west of the westerly prolongation of Jaboneria Road to a point six hundred thirty (630) feet westerly thereof;
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141. On the north side of Watcher Street from the east prolongation of Eastern Avenue to a point one hundred twenty-seven (127) feet thereof; 142. On the south side of Watcher Street from a pointy thirty-five (35) feet from the easterly prolongation of Eastern Avenue to a point one-hundred twenty (120) feet easterly thereof;
143. On the south side of Loveland Street from the western prolongation of Adamson Avenue to a point thirty-three (33) feet westerly thereof; 144. The west side of Jaboneria Road from a point two hundred eighty seven feet south of the prolongation of the south curb line of Clara Street to a point three hundred twenty-eight (328) feet southerly thereof;
145. The north side of Live Oak Street a point ninety-nine (99) feet west of the ending curb radius of Purdy Avenue to a point one hundred twenty-nine (129) feet westerly thereof;
146. The north side of Live Oak Street from a point two hundred twenty-nine (229) feet west of the ending curb radius of Purdy Avenue to a point two hundred fifty-nine (259) feet westerly thereof;
147. The north side of Live Oak Street from a point three hundred seventy-one (371) feet west of the ending radius of Purdy Avenue to a point four hundred seventy- one (471) feet westerly thereof;
148. The north side of Lubec Street from the prolongation of the west curb of Purdy Avenue to a point ten (10) feet westerly thereof;
149. The south side of Lubec Street from the prolongation of the west curb of Purdy Avenue to a point ten (10) feet westerly thereof;
150. The south side of Lubec Street from the prolongation of the east curb of Purdy Avenue to a point ten (10) feet easterly thereof;
151. The north side of Lubec Street from the prolongation of the east curb of Purdy Avenue to a point ten (10) feet easterly thereof;
152. The east side of Purdy Avenue from the prolongation of the north curb of Lubec Street to a point ten (10) feet northerly thereof;
153. The west side of Purdy Avenue from the prolongation of the south curb of Lubec Street to a point ten (10) feet southerly thereof;
154. The east side of Purdy Avenue from the prolongation of the south curb of Lubec Street to a point ten (10) feet southerly thereof;
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155. The west side of Emil Avenue from a point five hundred thirty-five (535’) feet south of the prolongation of the south curb of Florence Avenue to a point five hundred sixty (560) feet southerly thereof;
156. The west side of Ira Avenue from a point three hundred seventy-one (371) feet south of the prolongation of the south curb of Live Oak Street to a point three hundred ninety-one (391) feet southerly thereof;
157. The west side of Ira Avenue from a point twenty (20) feet south of the prolongation of the south curb of Priory Street to a point forty (40) feet southerly thereof; 158. The west side of Garfield Avenue from a point four hundred eight (408) feet south of the prolongation of south curb on Ira Avenue to a point four hundred sixty (460) feet southerly thereof;
159. The east side of Garfield Avenue from a point four hundred thirty-six (436) feet north of the prolongation of the north curb of Muller Street to a point four hundred seventy-one (471) feet northerly thereof;
160. The west side of Jaboneria Road from a point seven hundred twenty six (726’) feet south of the prolongation of the south curb of Lubec Street to a point seven hundred sixty six (766’) feet southerly thereof;
161. The south side of Florence Avenue from the prolongation of the east curb line of Jaboneria Road to a point two hundred thirteen (213) feet easterly thereof; 162. On the east side of Eastern Avenue from a point three hundred fifty-two (352) feet north of the prolongation of the north curb line of Lubec Street to a point three hundred sixty-two (362) feet northerly thereof;
163. On the east side of Emil Avenue from a point two hundred and seventy-four (274) feet north of the prolongation of the north curb line of Suva Street to a point two hundred eighty-four (284) feet northerly thereof;
164. On the west side of Emil Avenue from a point two hundred and eighty-four (284) feet south of the prolongation of the south curb line of Foster Bridge Blvd to a point two hundred and ninety-four (294) feet southerly thereof; 165. The south side of Florence Place from a point nine hundred thirty four (934) feet east of the prolongation of the west curb line of Sudan Ave. to a point nine hundred sixty-six (966) feet easterly thereof;
166. The north side of Gotham Street from a point one thousand two hundred twenty- seven (1,227) feet west of the west prolongation of Gephart Avenue to a point one thousand two hundred forty seven (1,247) feet westerly thereof;
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167. The east side of Jaboneria Road from a point five hundred thirty-two (532) feet from the east prolongation of Eastern Avenue to a point five hundred eighty-three (583) feet northerly thereof;
168. The east side of Jaboneria Road from a point fifteen (15) feet from the north prolongation of Gotham Street to a point seventy-five (75) feet northerly thereof; 169. The north side of Florence Place from a point five hundred-thirty (530) feet from the prolongation of the west curb line of Garfield Avenue to a point five hundred- fifty (550) feet westerly thereof;
170. The east side of Garfield Avenue from a point six hundred forty-four (644) feet from the prolongation of the north curb line of Eastern Avenue to a point six hundred sixty-nine (669) feet northerly thereof;
171. The west side of Eastern Avenue from a point four hundred and fifty (450) feet from the prolongation of the south curb line of Live Oak Street to a point five hundred feet southerly thereof;
172. The east side of Eastern Avenue from a point two hundred and ninety feet from the prolongation of the north curb line of Clara Street to a point three hundred thirty (330) feet northly thereof;
173. The east side of Eastern Avenue from a point thirty (30) feet from the prolongation of the north curb line of Priory Street to a point fifty (50) feet northerly thereof; 174. The east side of Jaboneria Road (6021 Florence Avenue) from a point one hundred fifty feet from the prolongation of the north curb line of Florence Avenue to a point one hundred fifty-seven (157) feet northerly thereof;
175. The south side of Gage Avenue from a point four hundred sixty-three (463) feet from the prolongation of the east curb line of Chalet Drive to a point four hundred seventy-four (474) feet easterly thereof;
176. The west side of Garfield Avenue from a point one thousand one hundred forty- three (1,143) feet from the prolongation of the south curb line of Florence Avenue to a point one thousand one hundred fifty-three (1,153) feet southerly thereof; 177. The north side of Scout Avenue from a point four hundred thirty two (432) feet from the prolongation of the west curb line of Ramish Avenue to a point five hundred thirty seven (537’) feet westerly thereof;
178. The east side of Ira Avenue from a point eight hundred sixty five (865) feet from the prolongation of the north curb line of Florence Avenue to a point eight hundred ninety (890’) feet northerly thereof;
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179. The east side of Garfield Avenue from a point two hundred and sixty one (261) feet from the prolongation of the north curb line of Clara Street to a point two hundred seventy six (276) feet northerly thereof;
180. The east side of Kress Avenue from a point three hundred forty four (344) feet north of the prolongation of the north curb line of Clara Street to a point three hundred forty seven (347) feet northerly thereof;
181. The east side of Kress Avenue from a point three hundred sixty four (364) feet north of the prolongation of the north curb line of Clara Street to a point three hundred sixty nine (369) feet northerly thereof;
182. The south side of Cecilia Street from a point nine hundred sixty (960) feet east of the prolongation of the east curb line of Eastern Avenue to a point nine hundred sixty-three (963) feet easterly thereof;
183. The south side of Cecilia Street from a point nine hundred seventy eight (978) feet east of the prolongation of the east curb line of Eastern Avenue to a point nine hundred eighty one (981) feet easterly thereof;
184. The north side of Clara Street from a point one hundred eighteen (118) feet from the prolongation of the west curb line of Jaboneria Road to a point one hundred twenty-one (121) feet westerly thereof;
185. The north side of Clara Street from a point one hundred twenty-seven (127) feet from the prolongation of the west curb line of Jaboneria Road to a point one hundred thirty (130) feet westerly thereof; and
186. The west side of Selinda Avenue from a point two hundred-thirty (230) feet from the prolongation of the south curb line of Gage Avenue to a point two hundred thirty-three (233) feet southerly thereof.
B.Designated Hours:
1. The south side of Clara Street from the south Clara service road and a point three hundred fifty (350) feet west of the prolongation of the west curb of Eastern Avenue, between the hours of 3:00 p.m. and 6:00 p.m., Saturdays, Sundays, and holidays excepted;
2. The south side of Clara Street, from a point three hundred fifty (350) feet east of the prolongation of the east curb of Eastern Avenue to a point two hundred (200) feet east of the prolongation of the east curb of Jaboneria Road, between the hours of 3:00 p.m. and 6:00 p.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping anytime areas;
3. The north side of Clara Street, from a point two hundred fifty-five (255) feet east of
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the prolongation of the east curb of Eastern Avenue to a point three hundred (300) feet east of the prolongation of the east curb of Jaboneria Road, between the hours of 6:30 a.m. and 8:30 a.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping anytime areas;
4. The south side of Florence Avenue from a point one hundred twenty-five (125) feet east of the prolongation of the east curb line of Priam Drive to a point one hundred seven (107) feet east of the prolongation of the east curb line of El Selinda Avenue, between the hours of 3:00 p.m. and 6:00 p.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping any time areas;
5. The north side of Florence Avenue from a point one hundred ninety-five (195) feet east of the prolongation of the east curb line of Ajax Avenue to a point one hundred (100) feet west of the prolongation of the west curb line of Garfield Avenue, between the hours of 6:00 a.m. and 8:00 a.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping any time areas;
6. The north side of Florence Avenue from a point ninety (90) feet east of the prolongation of the east curb line of Garfield Avenue to a point three hundred (300) feet west of the prolongation of the west curb line of Scout Avenue, between the hours of 6:00 a.m. and 9:00 a.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping any time areas; and
7. The north side of Scout Avenue from a point four hundred thirty-two (432) feet from the prolongation of the west curb line of Ramish Avenue to a point five hundred twelve (512’) feet westerly thereof, between the hours of 6:00 a.m. and 6:00 p.m., Saturdays, Sundays, and holidays excepted.
II.The stopping, standing, or parking of a vehicle upon any of the following streets or parts thereof for a period of time in excess of the time hereafter set forth, shall be prohibited pursuant to Section 13.20.110 of the Bell Gardens Municipal Code, at all times or during such other hours as are set forth herein unless such vehicle displays a parking permit authorized on the streets listed under Section 2A (4-9):
A.Two-hour parking - 7:00 a.m. to 6:00 p.m., Saturdays, Sundays, and holidays excepted
1. The east side of Garfield Avenue from Florence Place to the northerly City limits and the west side of Garfield Avenue from a point five hundred seventy (570) feet south of the southern prolongation of Gage Avenue to the northern curb line of Florence Place;
2. The south side of Gage Avenue from a point two hundred (200) feet east of the prolongation of the east curb of Eastern Avenue to Ajax Avenue;
3. The west side of Garfield Avenue from a point twenty-three (23) feet north of the
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driveway of the Garfield Elementary School to a point one hundred eighty (180) feet south;
4. The south side of Agra Street from Colmar Avenue to Darwell Avenue (permit parking allowed);
5. The north side of Agra Street from Jaboneria Road to Darwell Avenue (permit parking allowed);
6. The east side of Jaboneria Road from Agra Street to Watcher Street (permit parking allowed);
7. The east and west sides of Jaboneria Road from Agra Street to the alley one hundred forty (140) feet south of Agra Street (permit parking allowed);
8. The north and south sides of Watcher Street from Jaboneria Road to Darwell Avenue (permit parking allowed);
9. The north and south sides of Lanto Street from Jaboneria Road to Darwell Avenue (permit parking allowed);
10. The north side of Suva Street from Emil Avenue to the east City limits;
11. The south side of Suva Street from a point one thousand nine hundred and fifty- five (1,955) feet east of the prolongation of the east curb of Loveland Street to the east city limits;
12. The north side of Quinn Street between Jaboneria Road and Lynda Lane;
13. The east side of Jaboneria Road between Quinn Street and Muller Street;
14. The east side of Emil Avenue from a point seven hundred seventeen (717) feet of the prolongation of the east curb of Florence Place to the north ending at Suva Elementary School;
15. The west side of Emil Avenue from a point six hundred seventy (670) feet of the prolongation of the west curb of Suva Elementary School to Florence Place;
16. The east side of Garfield Avenue between the points three hundred (300) feet and four hundred (400) feet north of the northerly prolongation of the north curb of Clara Street;
17. The south side of Florence Place from Garfield Avenue to Florence Avenue;
18. The east side of Scout Avenue between the points two hundred fifty (250) feet and eight hundred forty (840) feet north of the prolongation of the north curb of Florence
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Avenue;
19. The west side of Eastern Avenue from a point of one hundred thirty (130) feet of the west side prolongation of the west curb line of Jaboneria Road to a point two hundred eighty (280) feet southerly thereof;
20. The west side of Eastern Avenue from the prolongation of the north curb line of Lubec Street to the northerly City limits;
21. The east side of Eastern Avenue from a point seven hundred twenty-five (725) feet north of the prolongation of the north curb line of Florence Avenue to the prolongation of the south curb line of Watcher Street;
22. The north side of Live Oak Street from a point one hundred fifty (150) feet east of the prolongation of the east curb line of Eastern Avenue easterly to the school property;
23. The east side of Eastern Avenue between the points five hundred forty-five (545) feet and six hundred twenty-five (625) feet north of the prolongation of the north curb of Florence Avenue;
24. The west side of Garfield Avenue from the prolongation of the north curb of Shull Street to a point two hundred ten (210) feet northerly thereof;
25. The west side of Garfield Avenue from the prolongation of the south curb of Clara Street to a point two hundred five (205) feet southerly thereof;
26. The east and west sides of Eastern Avenue from the prolongation of the south sides of Clara Street to the prolongation of the north sides of Shull Street;
27. The north side of Cecilia Street from a point sixth (60) feet east of the Eastern prolongation of Eastern Avenue to a point one hundred sixty (160) feet easterly thereof; and
28. On the north side of Agra Street from a point four hundred forty (440) feet west of the west prolongation of Jaboneria Road to a point four hundred eighty one (481) feet westerly thereof.
B.Two-hour parking 8:00 a.m. to 6:00 p.m., Saturdays, Sundays, and holidays excepted:
1. The north side of Florence Avenue from a point one hundred ninety-five (195) feet east of the prolongation of the east curb line of Ajax Avenue to a point one hundred (100) feet west of the prolongation of the west curb line of Garfield Avenue, excluding the no stopping any time areas.
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C.Two-hour parking 7:00 a.m. to 3:00 p.m., Saturdays, Sundays, and holidays excepted:
1. The south side of Florence Avenue from a point one hundred twenty-five (125) feet east of the prolongation of the east curb line of Priam Drive to a point one hundred seven (107) feet east of the prolongation of the east curb line of El Selinda Avenue, excluding the no stopping any time areas.
D.Two-hour parking 9:00 a.m. to 6:00 p.m., Saturdays, Sundays, and holidays excepted:
1. The north side of Florence Avenue from a point ninety (90) feet east of the prolongation of the east curb line of Garfield Avenue to a point three hundred (300) feet west of the prolongation of the west curb line of Scout Avenue, excluding the no stopping any time areas.
E.Two-hour parking at all times:
1. The east and west sides of Greenwood Avenue, south of Gage Avenue at all hours, excluding the no stopping any time areas.
F.One-hour parking 7:00 a.m. to 10:00 p.m., Sunday excepted:
1. The east side of Eastern Avenue from the prolongation of the north curb line of Clara Street to the prolongation of the south curb line of Live Oak Street;
2. The west side of El Selinda Avenue from the prolongation of the north curb line of Florence Avenue northerly to the alley;
3. The east side of Eastern Avenue from a point two hundred (200) feet south of the prolongation of the south curb line of Florence Avenue to the prolongation of the north curb line of Fry Street;
4. The west side of Eastern Avenue from the prolongation of the south curb line of Priory Street to the prolongation of the north curb line of Clara Street; and
5. The east side of Ira Avenue from a point of seventy (70) feet of the east side prolongation of the east side prolongation of the east curb line of Florence Avenue to a point of one hundred seventy-two (172) feet northerly thereof.
III.The stopping, standing, or parking of a vehicle upon municipal parking lots shall be restricted, pursuant to Section 13.20.500 of the Bell Gardens Municipal Code, as follows:
A. The municipal parking lots adjacent to the Bell Gardens City Hall; parking only for
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the purpose of conducting business at City Hall;
B. The municipal parking lots adjacent to Ross Auditorium, Bell Gardens Park, and Ford Park; parking only for the purpose of conducting business at, or use of, the Auditorium or Park facilities, and no parking shall be permitted between the hours of 2:00 a.m. and 4:00 a.m.; and
C. The municipal parking lot at Ford Park adjacent to the golf course in designated spaces with signs and or marking; parking only for conducting business at, or use at, Ford Park Golf Course during the posted hours of operation.
IV.The stopping, standing, or parking of a vehicle upon any of the streets or parts thereof in the areas of the City hereinafter designated shall be prohibited pursuant to Section
13.20.120 of the Bell Gardens Municipal Code on the days designated between the hours of 8:00 a.m. and 4:00 p.m., for street sweeping purposes, provided, however, that nothing contained herein shall be effective with respect to any commercial vehicle making pickups or deliveries of goods, wares or merchandise from or to any building or structure located on the restricted street or highway, or for the purpose of delivering materials to be used in the repair, alteration, remodeling, or reconstruction of any building or structure for which a building permit has previously been obtained.
A.Each Wednesday, between the hours of 8:00 a.m. and 4:00 p.m.:
1. All streets and highways and portions thereof, in that section of the City of Bell Gardens lying northerly of the centerline of Florence Avenue to the north City limits.
B.Each Thursday, between the hours of 8:00 a.m. and 4:00 p.m.:
1. All streets and highways and portions thereof, in that section of the City of Bell Gardens lying southerly of the centerline of Florence Avenue to the north City limits.
C.Each Friday, between the hours of 6:00 a.m. and 8:00 a.m.:
1. The east side of Eastern Avenue from north City limit to south City limit.
D.Each Monday, between the hours of 6:00 a.m. and 8:00 a.m.:
1. The west side of Eastern Avenue from north City limit to south City limit.
E.The following streets or portions thereof are excepted from the prohibitions contained in this Section 4:
1. Both sides of Florence Avenue;
2. Both sides of Eastern Avenue;
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3. Both sides of Scout Avenue from Florence Avenue to the prolongation of the southerly curb of Live Oak Street; and
4. The south side of Live Oak Street from the prolongation of the westerly curb of Scout Avenue to a point five hundred sixty (560) feet westerly thereof.
V.The stopping, standing, or parking of a vehicle upon any of the following streets or parts thereof shall be prohibited or restricted at all times as set forth in Section 13.20.100 of the Bell Gardens Municipal Code, by means of painted curb markings:
A.Commercial loading and unloading (yellow curb)
1. The north side of Cecilia Street from a point twenty-five (25) feet west of the prolongation of the west curb line of Eastern Avenue, to a point one hundred two (102) feet westerly thereof;
2. The south side of Quinn Street from a point three hundred forty-five (345) feet west of the prolongation of the west curb line of Jaboneria Road to a point three hundred eighty-five (385) feet westerly thereof;
3. The west side of Ajax Avenue from a point two hundred (200) feet north of the prolongation of the north curb line of Florence Avenue to a point six hundred seventy-three (673) feet northerly thereof;
4. The south side of Scout Avenue from a point one hundred ninety (190) feet east of the prolongation of the east curb of Emil Avenue to a point two hundred fifty (250) feet easterly thereof;
5. The west side of Ira Street from a point one hundred fifty (150) feet north of the prolongation of the north curb line of Florence Avenue to a point two hundred fifty- five (255) feet northerly thereof;
6. The west side of Ira Avenue from a point sixty nine (69) feet south of the prolongation of the south curb of Gage Avenue to a pointy ninety one (91) feet southerly thereof to be in effect from 8:00am to 6:00pm except Saturdays, Sundays and Holidays; and
7. The west side of Garfield (8327 Garfield Avenue) from a point two hundred and fifty-eight (258) feet south of the prolongation of the south curb line of Fostoria Street to a point two hundred seventy-eight (278) feet southerly thereof.
B.Passenger loading and unloading (white curb)
1. The south side of Suva Street from a point two hundred ninety-five (295) feet east of the prolongation of the east curb line of Emil Avenue to a point three hundred
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sixty (360) feet easterly thereof;
2. The south side of Scout Avenue from the prolongation of the west curb line of Gotham Street to a point ninety (90) feet easterly thereof;
3. The south side of Quinn Street from a point one hundred (100) feet west of the prolongation of the west curb line of Jaboneria Road to a point one hundred fifty-seven (157) feet westerly thereof;
4. The south side of Quinn Street from a point one hundred ninety (190) feet west of the prolongation of the west curb line of Jaboneria Road to a point three hundred forty-five (345) feet westerly thereof;
5. The south side of Quinn Street from a point three hundred eighty-five (385) feet west of the prolongation of the west curb line of Jaboneria Road to a point six hundred sixty (660) feet westerly thereof;
6. The west side of Eastern Avenue from a point eleven (11) feet south of the prolongation of the south curb line of Gotham Street to a point thirty-three (33) feet southerly thereof;
7. The east side of Eastern Avenue from a point four hundred thirty-five (435) feet north of the prolongation of the north curb of Lubec Street to a point four hundred sixty (460) feet northerly thereof;
8. The east side of Garfield Avenue from a point four hundred forty-six (446) feet north of the prolongation of the north curb line of Florence Place to a point four hundred sixty-six (466) feet northerly thereof;
9. The west side of Jaboneria Road from a point forty-three (43) feet north of the prolongation of the north curb line of Priory Street to a point seventy-five (75) feet northerly thereof;
10. The west side of Jaboneria Road from a point one hundred seventy-two (172) feet north of the prolongation of the north curb line of Live Oak Street to a point two hundred thirty-seven (237) feet northerly thereof;
11. The north side of Loveland Street from a point twenty-seven (27) feet east of the prolongation of the east curb line of Colmar Avenue to a point fifty-eight (58) feet easterly thereof;
12. The south side of Scout Avenue from a point twenty (20) feet east of the west property line of Ford Park Adult School, 7800 Scout Avenue to a point thirty (30) feet west of the east property line;
13. The north side of Watcher Street from a point eighty (80) feet east of the west curb
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of Jaboneria Road to a point two hundred eighty (280) feet easterly thereof;
14. The east side of Toler Avenue from a point one hundred ninety-one (191) feet north of the prolongation of the north curb line of Florence Place to a point five hundred seven (507) feet northerly thereof;
15. The north side of Live Oak Street from the prolongation of the east curb of Purdy Avenue to a point one hundred fifty (150) feet westerly thereof;
16. The east side of Garfield Avenue from a point three hundred seventy-five (375) feet north of the northern prolongation of Florence Avenue to a point eight hundred fifty (850) feet northerly thereof;
17. The east side of Perry Road from a point two hundred eighty eight (288) feet north of the prolongation of the east curb line of Florence Avenue to a point three hundred forty one (341) feet northerly thereof;
18. The east side of Ira Avenue from a point one hundred ninety-two (192) feet south of the southern prolongation of Gage Avenue to a point two hundred thirty-eight (238) feet southerly thereof;
19. The east side of Ira Avenue from a point two hundred sixty-two (262) feet south of the southern prolongation of Gage Avenue to a point two hundred eighty (280) feet southerly thereof;
20. The north side of Cecilia Street from a point one hundred and fifty-four (154) feet west of the western prolongation of the Jaboneria Road to a point one hundred seventy-seven (177) feet westerly thereof;
21. The south side of Florence Place from a point two hundred eighty-eight (288) feet east of the east prolongation of Perry Road to a point three hundred thirteen (313) feet easterly thereof (Monday through Friday 7am to 6pm 6628 Florence Place);
22. The north side of Gallant Street from a point four hundred and eighty eight (488) feet east of the eastern prolongation of Jaboneria Road, to a point five hundred and eight (508) feet easterly thereof (without period designations, at all times);
23. On the north side of Agra Street from a point three hundred and sixty-three (363) feet west of the prolongation of the west curb line of Jaboneria Road to a point five hundred and twenty-three (523) feet westerly thereof;
24. The west side of Eastern Avenue from a point one hundred and seventy-seven (177) feet south of the prolongation of the south curb line of Loveland Street to a point two hundred seven (207) feet southerly thereof;
25. The north side of Florence Place from a point six hundred forty (640) feet east of
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the eastern prolongation of Emil Avenue to a point eight hundred forty (840) feet easterly thereof; and
26. The north side of Live Oak Street from a point one hundred twenty-nine (129) feet west of the ending curb radius of Purdy Avenue to a point two hundred twenty-nine (229) feet westerly thereof.
C.Twenty Minute Zone (green curb)
1. The south side of Clara Street from a point fifty-five (55) feet west of the prolongation of the west curb line of Ramish Avenue to a point eighty (80) feet westerly thereof;
2. The north side of Clara Street from a point eighty-five (85) feet west of the prolongation of the west curb line of Perry Road to a point one hundred forty (140) feet westerly thereof;
3. The east side of Ajax Avenue from a point sixty-nine (69) feet north of the prolongation of the north curb line of Florence Avenue to a point ninety-eight (98) feet northerly thereof;
4. The west side of Ajax Avenue from a point eighty-seven (87) feet north of the prolongation of the north curb line of Florence Avenue to a point one hundred fifty- seven (157) feet northerly thereof;
5. The south side of Gage Avenue from a point two hundred five (205) feet west of the prolongation of the west curb of Emil Avenue to a point two hundred fifty-six (256) feet westerly thereof;
6. The west side of Garfield Avenue from a point one hundred (100) feet south of the prolongation of the south curb at Cecilia Street to a point one hundred sixty (160) feet southerly thereof;
7. The west side of Garfield Avenue from a point seventy-five (75) feet north of the prolongation of the north curb of Fostoria Street to a point ninety (90) feet northerly thereof;
8. The north side of Florence Place from a point forty (40) feet west of the prolongation of the west curb of Granger Street to a point sixty-five (65) feet westerly thereof;
9. The west side of Eastern Avenue from a point sixty-one (61) feet south of the prolongation of the south curb of Watcher Street to a point one hundred sixty-two (162) feet southerly thereof;
10. The north side of Clara Street from a point two hundred five (205) feet west of the
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prolongation of the west curb of Ira Avenue to a point four hundred (400) feet westerly thereof;
11. The north side of Florence Avenue from a point one hundred (100) feet east of the prolongation of the east curb of Live Oak Street to a point one hundred twenty (120) feet easterly thereof;
12. The north side of Florence Avenue from a point one hundred sixty (160) feet east of the prolongation of the east curb of Live Oak Avenue to a point one hundred ninety (190) feet easterly thereof;
13. The west side of Garfield Avenue from a point sixty one (61) feet south of the southern prolongation of Muller Street to a point one hundred one (101) feet southerly thereof;
14. Request for green curb (20-minute parking) at 8045 Garfield Avenue (Garfield Market);
15. The north side of Clara Street from a point three hundred twenty three (323) feet east of the easterly prolongation of Gephart Street to a point three hundred thirty- nine (339) feet easterly thereof;
16. The south side of Clara Street from a point three hundred and thirty-five (335) feet east of the eastern prolongation of Garfield Avenue to a point thirty-six (36) feet easterly thereof 6334 Clara Street;
17. On the left side of Lubec Street from a point twenty-five (25) feet east of the eastern prolongation of Jaboneria Road, to a point forty-five (45) feet easterly thereof;
18. The east side of Eastern Avenue from a point two hundred eighty-two (282) feet north of the prolongation of the north curb of Jaboneria Road to a point three hundred thirty-two (332) feet northerly thereof to be in effect from 9:00 a.m. to 6:00 p.m., except on Saturdays, Sundays and holidays;
19. On the east side of Garfield Avenue from a point one hundred twenty-three (123) feet north of the northerly prolongation of Buell Street to a point one hundred forty- seven (147) feet northly thereof;
20. The east side of Eastern Avenue a point four hundred fifty-five (455) feet from the prolongation of the north curb line Jaboneria to the point two hundred sixty-nine (269) feet northerly thereof to be in effect from 8:00 a.m. to 6:00 p.m., except on Sundays and holidays; and
21. The west side of Eastern Avenue from a point ninety (90) feet, from the prolongation of the south curb line of Cecilia Street to a point one hundred and twelve (112) feet southerly thereof.
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D.Forty Minute Zone (green curb)
1. The east side of Eastern Avenue a point four hundred and twenty-three (423) feet from the prolongation of the north curb line of Clara to the point three hundred fifty- six (356) feet northerly thereof to be in effect from 8:00 a.m. to 6:00 p.m., except on Sundays and holidays.
E.Disabled Person Parking (blue curb)
1. The north side of Priory Street from a point seven hundred eighty-eight (788) east of the eastern prolongation of Jaboneria Road, to a point eight hundred and three (803) feet easterly thereof;
2. The south side of Agra Street from a point three hundred seventy-eight (378) feet of the west prolongation of Jaboneria Road to a point four hundred fifteen (415) feet westerly thereof;
3. On the south side of Lanto Street from a point twenty-six (26) feet from the easterly prolongation of El Selinda Avenue to a point forty-six (46) feet easterly thereof;
4. On the south side of Gotham Street from a point seventy-one (71) feet west of the western prolongation of Ira Avenue to a point ninety-one (91) feet westerly thereof (6142 Gotham St);
5. The south side of Fostoria Street from a point four hundred thirty (430) feet east of the east prolongation of Eastern Avenue to a point four hundred fifty (450) feet easterly thereof (5844 Fostoria St);
6. The east side of Ajax Avenue from a point five hundred sixty (560) feet north of the prolongation of the north curb line Lubec Street to a point five hundred eighty (580) feet northerly thereof (6536 Ajax Ave);
7. On the south side of Quinn Street from a point six hundred sixty-six (666) feet from the easterly prolongation of Bell Gardens Avenue to a point six hundred ninety- four (694) feet easterly thereof (BG Elementary);
8. The north side of Gallant Street from a point three hundred eighty-four (384) feet west of the western prolongation of Ira Avenue to a point four hundred (400) feet westerly thereof (6113 ½ Gallant St);
9. The west side of Garfield (8327 Garfield Avenue) from a point two hundred and seventy-eight (278) feet south of the prolongation of the south curb line of Fostoria Street to a point two hundred ninety-eight (298) feet southerly thereof;
10. The south side of Priory Street from a point four hundred thirty-seven (437) feet
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from the prolongation of the east curb line of Jaboneria Road to a point four hundred fifty five (455) feet easterly thereof;
11. The north side of Fostoria Street from a point five hundred thirty-nine (539) feet from the prolongation of the west curb line of Garfield Avenue to a point five hundred fifty-seven (557) feet westerly thereof;
12. The west side of Adamson Avenue from a point four hundred sixty-eight (468) feet from the prolongation of the south curb line of Lubec Street to a point four hundred eighty-eight (488) feet southerly thereof;
13. The east side of Eastern Avenue from a point five hundred sixty-one (561) feet from the prolongation of the north curb line of Jaboneria Road to a point five hundred eighty one (581) feet northly thereof;
14. The north side of Like Oak Street from a point two hundred and seven (207) feet from the prolongation of the east curb line of Ira Avenue to a point two hundred and twenty-two (222) feet easterly thereof;
15. The west side of Felix Avenue from a point three hundred and ninety (390) feet, from the prolongation of the south curb line of Garfield Avenue to a point four hundred and twelve (412) feet southerly thereof; and
16. The west side of Ramish Avenue from a point of thirty-seven (37) feet from the prolongation of the south curb line of Gallant Avenue to a point of fifty-five (55) feet southerly thereof.
F.Twenty Minute Zone 9:00 a.m. - 6:00 a.m. (green curb)
1. The north side of Florence Avenue from a point forty-two (42) feet east of the prolongation of the east curb line of Live Oak Street to a point eight-five (85) feet easterly thereof.
VI.The stopping, standing, or parking of a vehicle operated by a government official displaying an official placard issued by the City of Bell Gardens Public Works Department shall be exempted from normally legal parking spaces while on official government business.
VII.The City Council finds, pursuant to Section 13.20.800 of the Bell Gardens Municipal Code, that the volume of traffic and other conditions at the following locations are such that the enforcement of the provisions of the Bell Gardens Municipal Code prohibiting or restricting parking by the imposition of the criminal penalties is not sufficient to prevent the illegal parking of vehicles, and authorizes the towing of illegally parked vehicles in the following zones:
A. Any areas designated in Sections I. and IV. hereof as zones in which the stopping,
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standing or parking of vehicles at all or any times is prohibited.
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 Liberty Utilities (Park Water) Corp. for the Maintenance and Operations of the City of Bell Gardens Municipal Water System
MEETING DATE:January 12, 2026
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 Liberty Utilities (Park Water) Corp (“Liberty”) for the Maintenance and Operations of the City of Bell Gardens Municipal Water System, subject to approval by the City Attorney as to form.
BACKGROUND / DISCUSSION:
The City is served by two potable water systems. The City of Bell Gardens Municipal Water System (“BGMWS”) serves the northerly part of the City (approximately 30% of the City) and the Golden State Water System serves the southerly part of the City (approximately 70% of the City). The BGMWS consists of approximately 1,650 metered customers and the service area is naturally divided into two (2) halves: the west half and east half. The west half consists of single family and multi-family residential, and schools from Darwell Avenue to the west City boundary at the 710 Long Beach Freeway; and from Gage Avenue to the City’s north boundary at Randolph Street. The east half consists of single family and multi-family residential, and commercial and industrial land uses from the Rio Hondo River channel west to Darwell Avenue; and from Florence Place at the south end to Gage Avenue.
On November 12, 2025, the Public Works Department released a Request for Proposals for the Maintenance and Operations of the City of Bell Gardens Municipal Water System (“RFP”). On November 19, 2025, the City issued Addendum No. 1 to include a second mandatory pre-proposal meeting, on November 24, 2025, the City issued Addendum No. 2 to extend the proposal deadline, and on December 4, 2025, the City issued Addendum No. 3 to incorporate the Response to Requests for Information No. 1.
On December 15, 2025, the City received one proposal as listed below:
•Liberty Utilities (Park Water) Corp.
The responsive proposal was reviewed and rated based on its completeness in response to the following evaluation criteria outlined in the RFP:
•Comprehension of the Request for Proposals;
•Qualifications of Proposer;
•Proposal Cost; and
•References.
Liberty proposed the following annual service fees:
Project Management: $32,900
Maintenance & Operations: $129,000
Customer Service: $139,000
Total Annual Service Fee $300,900
The annual service fees, above, will be subject to annual fee adjustments limited to the percentage change in the Consumer Price Index for the Los Angeles area or 5%, whichever is less.
On January 5, 2026, a panel consisting of Public Works staff conducted a negotiation meeting with the responsive proposer. In determining a recommendation, staff emphasizes that expertise, project approach, qualifications, and costs are important factors to consider.
CONCLUSION:
Based on Liberty’s proposal and its satisfactory performance, and experience with the BGMWS, staff is recommending that the City Council enter into a Contract Services Agreement with Liberty for a three year term with up to two optional one-year extensions to continue the necessary maintenance and operations of the BGMWS.
FISCAL IMPACT:
Funding for the maintenance and operations of the BGMWS is available in the FY 2025/26 budget.
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services
RESOLUTION NO. 2026-07
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
LIBERTY UTILITIES (PARK WATER) CORP. FOR THE MAINTENANCE
AND OPERATIONS OF THE CITY OF BELL GARDENS MUNICIPAL
WATER SYSTEM
WHEREAS, the City of Bell Gardens Municipal Water System (“BGMWS”) serves the northerly part of the City of Bell Gardens (“City”) (approximately 30% of the City); and WHEREAS, the BGMWS consists of approximately 1,650 metered customers, one well (Well No. 1) and a Metropolitan Water District of Southern California Connection, various water pipelines and water mains, approximately 125 fire hydrants with control valves, and approximately 150 main line valves; and WHEREAS, the current Contract Services Agreement for BGMWS maintenance and operations services is set to expire on January 31, 2026; and WHEREAS, in accordance with Bell Gardens Municipal Code Section 3.04.105, on November 12, 2025, the City released a Request for Proposals for the Maintenance and Operations of the City of Bell Gardens Municipal Water System (“RFP”); and WHEREAS, on December 15, 2025, the City received a proposal from Liberty Utilities (Park Water) Corp. (“Liberty”); and
WHEREAS, City staff reviewed the proposal and determined it was satisfactory and complete, and determined that Liberty is qualified to perform the services requested based on its demonstrated understanding of the scope, expertise and competitive rates; and
WHEREAS, the City desires to enter into a Contract Services Agreement with Liberty for the maintenance and operations of the BGMWS with an effective date of February 1, 2026, for a three-year term with two optional one-year extensions.
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. Based upon the above recitals, the staff report accompanying this Resolution, and such other oral and written evidence, the Bell Gardens City Council hereby approves a Contract Services Agreement for the Maintenance and Operations of
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the Bell Gardens Municipal Water System with Liberty Utilities (Park Water) Corp., subject to approval by the City Attorney as to form.
SECTION 3. The City Council further authorizes the City Manager to execute the Contract Services Agreement between the City and Liberty Utilities (Park Water) Corp., which is attached to the staff report as Exhibit 2, consistent with this Resolution along with any ancillary documents reasonably necessary to effectuate the intent of this Resolution.
SECTION 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
PASSED, APPROVED, and ADOPTED this 12th day of January, 2026.
THE CITY OF BELL GARDENS
_____________________________
Miguel De La Rosa, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ _____________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
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I, Daisy Gomez, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. 2026-07 was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on Monday, January 12, 2026, and was approved and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Daisy Gomez
City Clerk
1 2026
CONTRACT SERVICES AGREEMENT
(Contractor: Liberty Utilities (Park Water) Corp.)
(Nature of Engagement: Maintenance and Operations of the City of Bell Gardens Municipal Water System)
THIS CONTRACT SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this ___________ day of _________________ 2026 (hereinafter, the “Effective Date”) by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, “CITY”) and LIBERTY UTILITIES (PARK WATER) CORP. (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 and operations services for the City of Bell Gardens Municipal Water System; 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 January 12, 2026.
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 maintenance and operations services for the City of Bell Gardens Municipal Water System. The various tasks and related services to be performed by CONTRACTOR are more specifically described in the CITY’s “Request for Proposals for Maintenance and Operations of the City of Bell Gardens Municipal Water System” (hereinafter the “CITY RFP”) dated November 12, 2025, and the written proposal of CONTRACTOR entitled “Operations and Maintenance Proposal City of Bell Gardens Water System” (hereinafter, the “CONTRACTOR PROPOSAL”) dated December 15, 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
2 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 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 February 1, 2026 (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.
3 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, except to the extent caused by City or other parties.
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 as set forth in the Scope of Work. 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.
4 B. CONTRACTOR’s total compensation during the Term of this Agreement shall not exceed the annual sum of THREE HUNDRED THOUSAND NINE HUNDRED DOLLARS ($300,900) (hereinafter, the “Annual Not-to-Exceed Sum”).
Commencing as of January 1, 2027, and throughout the remainder of the Term, the Annual Not-to-Exceed Sum shall be permitted to be increased by a percentage equal to the lesser of the following: (i) the annual percentage increase in the December Consumer Price Index (CPI) for the Los Angeles-Long Beach-Anaheim, CA area for the year immediately preceding; or (ii) five percent (5%).
CONTRACTOR shall provide written notice to CITY prior to the annual increase.
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 the Work in a good and workmanlike manner and in conformity with any and all applicable and customary water utility industry standards;
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 the Work in a manner reasonably satisfactory
5 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;
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 the 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 Work 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 ten (10) 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 ten (10) 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
6 CONTRACTOR or on CONTRACTOR’s behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CONTRACTOR has relied upon the foregoing representations of CONTRACTOR, including but not limited to the representation that CONTRACTOR possesses the skills, training, knowledge and experience necessary to perform the Work in a skillful and competent manner equivalent to, the standard of performance generally recognized as being employed by professionals performing the same type of work and services in the State of California.
SECTION 6. REPRESENTATIVES.
A. City Representative. For the purposes of this Agreement, the contract administrator and CITY’s representative shall be Bernardo Iniguez, Director of Public Works/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, Moses Thompson, President, is hereby designated as the principal and representative of CONTRACTOR authorized to act on its behalf with respect to CONTRACTOR’s performance under this Agreement and to make all decisions in connection therewith (hereinafter, the “Contractor Representative”). Notice to the Contractor Representative whether written or verbal shall constitute notice to CONTRACTOR.
The Contractor’s Representative shall supervise and direct the Work, using their best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
SECTION 7. CONTRACTOR’S PERSONNEL.
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
7 CITY hereunder.
C. CONTRACTOR shall be solely responsible for the satisfactory work performance of all of its 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.
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. 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.
8 2. Pursuant to the provisions of California Labor Code, Sections 1770 et. seq., CONTRACTOR and any subcontractor under CONTRACTOR shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Pursuant to the provisions of California Labor Code Section 1773.2, CONTRACTOR is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in the locality in which the work is to be performed for each craft, classification, or type of worker required to execute the Contract, are on file at the Public Works Yard, which copies shall be made available to any interested party on request.
CONTRACTOR shall post a copy of said prevailing rate of per diem wages at each job site.
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
9 apprenticeship standards for the employment and training of apprentices in the area or industry affected; and shall comply with all other requirements of Section 1777.5 of the California Labor Code, which is incorporated by this reference as though fully set forth herein. The responsibility of compliance with California Labor Code Section 1777.5 during the performance of this contract rests with CONTRACTOR. Pursuant to California Labor Code Section 1777.7, in the event CONTRACTOR knowingly fails to comply with the provisions of California Labor Code Section 1777.5, civil penalties will be assessed. CONTRACTOR shall also be subject to California Labor Code Section 1777.1.
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.
10 SECTION 10. PROHIBITED INTERESTS. CONTRACTOR warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONTRACTOR, to solicit or secure this Agreement. Further, CONTRACTOR warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, CITY shall have the absolute and unfettered right to rescind this Agreement without liability or penalty. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
SECTION 11. INDEPENDENT CONTRACTOR.
A. All acts of CONTRACTOR, its agents, officers, subcontractors and employees and all others acting on behalf of CONTRACTOR relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONTRACTOR, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. CONTRACTOR has no authority or responsibility to exercise any rights or power vested in CITY. No agent, officer, or employee of CITY is to be considered an employee of CONTRACTOR. It is understood by both CONTRACTOR and CITY that this Agreement shall not, under any circumstances, be construed or considered to create an employer-employee relationship or a joint venture.
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.
11 E. It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONTRACTOR nor CONTRACTOR'S assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of CITY in any capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever.
F. As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.
SECTION 12. CONFLICTS OF INTEREST. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with CONTRACTOR in connection with this project. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any CITY ordinance, state law or federal statute.
CONTRACTOR agrees that a clause substantially similar to this Section shall be incorporated into any sub-contract that CONTRACTOR executes in connection with the performance of this Agreement.
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
12 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 negligent act, failure to act, error, or omission of CONTRACTOR or any of CONTRACTOR’s officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement and the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by CONTRACTOR and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law or elsewhere under this Agreement. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against any one or more of the Indemnitees shall be conclusive in favor of the Indemnitees’ right to recover under this indemnity provision.
CONTRACTOR shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage(s) which may have been required under the Agreement or any additional insured endorsements which may extend to 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. To the extent CONTRACTOR hires subcontractors, 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
13 omissions of CONTRACTOR or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
D. CITY does not, and shall not; waive any rights that it may possess against CONTRACTOR because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. CONTRACTOR agrees that CONTRACTOR’s covenant under this Section shall survive the termination of this Agreement.
E. CONTRACTOR shall fully comply with the workers’ compensation laws regarding CONTRACTOR and CONTRACTOR’s employees. CONTRACTOR further agrees to indemnify and hold CITY harmless from any failure of CONTRACTOR to comply with applicable workers’ compensation laws. CITY shall have the right to offset against the amount of any fees due to CONTRACTOR under this Agreement any amount due to CITY from CONTRACTOR as a result of CONTRACTOR’s failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.
SECTION 15. INSURANCE.
A. CONTRACTOR shall at all times during the term of this Agreement carry, maintain, 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
14 maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
a. A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer;
b. “Pay on behalf of” wording as opposed to “reimbursement”; and c. Concurrency of effective dates with primary policies.
Should CONTRACTOR obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.
B. CONTRACTOR shall require each of its sub-consultants or sub-contractors to maintain insurance coverage that meets all of the requirements of this Agreement.
C. 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
15 to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
H. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the CITY, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
I. All insurance coverage 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.
Within ten (10) calendar days of providing written notice, 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
16 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. This Section shall apply solely and exclusively to books and records relating to the Work performed under this Agreement.
SECTION 17. TERMINATION.
A. Termination for Convenience. Upon thirty (30) days written notice, CITY may immediately terminate this Agreement for convenience, without cause and without penalty or liability at any time upon the issuance of written notice to CONTRACTOR specifying the effective date of such termination. Such termination for convenience shall be made in writing signed by the City Manager.
CONTRACTOR may only terminate this Agreement for cause. In the event of termination by CITY under this Section, CONTRACTOR shall be entitled to payment for any and all Work performed and/or materials supplied and/or purchased up to the effective date of termination plus any and all costs incurred by CONTRACTOR in performance of this Agreement through the date of termination.
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:
i. Within ten (10) calendar days (7) 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
17 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 ten (10) calendar-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 ten (10) calendar days7- 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 ten (10) calendar -day cure period; or
ii. Within thirty (30) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 30-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 30-day cure period.
If an Event of Default relates to a material falsehood or misrepresentation set forth in Exhibit “B” that is not susceptible to a cure, CITY in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver of a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by CITY.
2. Except as otherwise specified in this Agreement, CITY shall cure any Event of Default asserted by CONTRACTOR within thirty (30) calendar days of CONTRACTOR’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 30-day cure period. Prior to the expiration of the 30-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONTRACTOR shall be cured by CITY within five (5) calendar days from the date of CONTRACTOR’s Default Notice to CITY.
3. CITY, in its sole and absolute discretion, may also immediately suspend CONTRACTOR’s performance under this Agreement (or the performance of any specific task or function performed by CONTRACTOR under this Agreement) pending CONTRACTOR’s cure of any Event of Default by giving CONTRACTOR written notice of CITY’s intent to suspend CONTRACTOR’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default.
18 Upon such suspension, CONTRACTOR shall be compensated only for those services and tasks which have been rendered by CONTRACTOR to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY shall operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.
4. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
5. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.
In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONTRACTOR, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONTRACTOR, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONTRACTOR’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.
CONTRACTOR shall be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.
6. In the event CITY is in breach of this Agreement, CONTRACTOR’s sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONTRACTOR under this Agreement for completed services and tasks. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the services required by this Agreement.
7. No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by
19 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 ten (10) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONTRACTOR be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONTRACTOR’S sole remedy being extension of the Agreement pursuant to this Section.
SECTION 19. NOTICES. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during CONTRACTOR’s and CITY’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing.
If to CITY: If to CONTRACTOR:
City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: Bernardo Iniguez, Director of
Public Works/Facilities
Phone: 562-806-7700
Liberty Utilities (Park Water) Corp.
9750 Washburn Road
Downey, CA 90241
Attn: Moses Thompson, President
Phone: 562-805-2015
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
20 subject matter herein. No other prior oral or written agreements are binding on the parties.
Any modification of this Agreement will be effective only if it is in writing and executed by both CITY and CONTRACTOR.
SECTION 23. GOVERNING LAW; JURISDICTION. This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.
SECTION 24. SEVERABILITY. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.
SECTION 25. CAPTIONS. The captions used in this Agreement are solely for reference and the convenience of the Parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein.
SECTION 26. EXECUTION. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
21 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:
LIBERTY UTILITIES (PARK WATER)
CORP.
By: ______________________________
Name:____________________________
Title:_____________________________
Date:
APPROVED AS TO FORM:
By:_____________________________
Stephanie Vasquez
City Attorney
Date:
22 EXHIBIT “A”
CITY RFP
REQUEST FOR PROPOSALS
FOR
MAINTENANCE AND OPERATIONS OF
THE CITY OF BELL GARDENS MUNICIPAL WATER SYSTEM
RFP Release Date
Wednesday, November 12, 2025
Proposal Submittal Deadline
5:00 p.m., Monday, December 1, 2025
Contact Person:
Bernardo Iniguez, Director of Public Works/Facilities
City of Bell Gardens
8327 Garfield Avenue
Bell Gardens, CA 90201
(562) 806-7770
[email protected]
7100 Garfield Avenue • Bell Gardens, CA 90201 • (562) 806-7700 • www.bellgardens.org
I. INTRODUCTION ...............................................................................................................3
II. SUBMITTAL PROCEDURES/DEADLINE ........................................................................4
III. DEFINITIONS, TERMS, AND CONDITIONS ...................................................................6
IV. SCOPE OF WORK ........................................................................................................ 10
V. PROPOSAL FORMAT AND CONTENT REQUIREMENTS ................................. ……. 22
VI. EVALUATION CRITERIA ...................................................................................... …….25
VII. ATTACHMENTS:
Attachment A – Proposal Price Sheet
Attachment B – Acknowledgement of City’s Standard Form of Agreement Attachment C – Sample Contract Services Agreement
TABLE OF CONTENTS
3 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 City is served by two (2) potable water systems. The City of Bell Gardens Municipal Water System (BGMWS) serves the northerly part of the City (approximately 30% of the City) and the Golden State Water System serves the southerly part of the City (approximately 70% of the City). The BGMWS service is naturally divided into two (2) halves: the west half and east half. The west half consists of single family and multi-family residential, and schools from Darwell Avenue to the west City boundary at the 710 Long Beach Freeway; and from Gage Avenue to the City’s north boundary at Randolph Street. The east half consists of single family and multi-family residential, and commercial and industrial land uses from the Rio Hondo River channel west to Darwell Avenue; and from Florence Place at the south end to Gage Avenue.
The BGMWS service area is illustrated below:
I. INTRODUCTION
4 Since the City’s acquisition of the BGMWS, the City has contracted for maintenance and operation services with private utility companies for five-year terms. The purpose of this Request for Proposals (RFP) is to solicit and select a BGMWS maintenance and operations service provider.
It is the intent of the City to select a single Contractor to provide the requested services. The term of the Contract Services Agreement will be for three (3) years with up to two (2) optional one-year extensions.
An electronic version of the proposal shall be emailed to [email protected] and [email protected] no later than 5:00 p.m. on Monday, December 1, 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 Monday, December 1, 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 Maintenance and Operations of City of Bell Gardens Municipal Water System ”. If the proposal includes any comments over and above the specific information requested in this RFP, such information should be included as a separate appendix and placed at the end of the proposal.
Postmarks by this date are unacceptable and no facsimiles will be accepted. Please mail or deliver your response in a sealed envelope with “City of Bell Gardens Proposal for Maintenance and Operations of City Owned Water System” written below the address label II. SUBMITTAL PROCEDURES/DEADLINE
5 and addressed as follows:
City Clerk’s Office
Attention: Daisy Gomez, City Clerk
BGMWS Maintenance & Operations 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 Douglas Benash, City Engineer, at [email protected], and Natalie Rivera-Estrada, Senior Management Analyst, at [email protected]. The deadline for written questions and inquiries is Monday, November 24, 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 Wednesday, November 19, 2025 at 11:00 a.m. at the Public Works Corporation Yard, located at 8327 Garfield Avenue, Bell Gardens, CA 90201. 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).
The tentative schedule for this RFP is as follows:
Release of RFP Wednesday, November 12, 2025
Mandatory Pre-Proposal Meeting Wednesday, November 19, 2025 at 11:00 a.m.
Deadline for Questions Monday, November 24, 2025 at 5:00 p.m.
Proposal Due Date Monday, December 1, 2025 at 5:00 p.m.
Proposer Interviews
(in-person or virtually, if necessary)
Wednesday, December 3, 2025
**City Council Recommendation of Award Monday, December 8, 2025 Start of Maintenance Services Thursday, January 1, 2026
*The schedule above is tentative and subject to change at the discretion of the City, with appropriate notice to Proposers. Please check the Bell Gardens website for the latest updates at https://www.bellgardens.org/i-want-to/view-bids-rfps/rfps-and-bids . All times posted are in pacific standard time (PST).
** Proposer must be available on Monday, December 8, 2025, in-person or virtually, for a possible presentation to the City Council.
III. SCHEDULE
6 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 Contractor to furnish professional services over a designated period.
C. Contractor: The bidder, contractor, vendor, firm, company, Proposer, organization, service provider, operator or individual offering a proposal in response to this RFP that was selected to provide the required services.
D. Proposer or Proposer’s Representative: All of the Proposers, their 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.
E. Customer: A person, firm, or entity that receives water service from the BGMWS as listed on the BGMWS's account records and is financially responsible for the service. This can include an account holder who is responsible for the bill, and any other user of water on the premises, such as tenants or visitors.
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 IV. DEFINITIONS, TERMS, AND CONDITIONS
7 considered after its submission on grounds that the Proposer was not fully informed as to any facts or condition.
Proposers should be aware that the RFP and the contents of the successful proposal will become a part of any subsequent contractual documents that may arise from this RFP.
Following the Proposal Submission Deadline, the City, pursuant to the California Public Records Act (Govt. Code Section 7920.000 et seq.) reserves the right to make copies of all submitted proposals available for inspection and copying by any interested member of the public, except to the limited extent the City determines that any information contained in a proposal is legally privileged under the California Public Records Act. By submission of a proposal, Proposers acknowledge and agree that their proposal and any information contained therein may be disclosed by the City to interested members of the public, including other Proposers. All responses to the RFP received become a matter of public record and shall be regarded as public records, with the exception of those elements in each proposal which are defined by the Proposer as business or trade secrets and plainly marked as “Confidential,” “Trade Secret,” or “Proprietary.” The City shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof, if they are not plainly marked as “Confidential,” “Trade Secret,” or “Proprietary” or if disclosure is required under the Public Records Act. Any proposal which contains language purporting to render all or significant portions of the proposal “Confidential,” “Trade Secret,” or “Proprietary” shall be regarded as nonresponsive.
B. Proposal Validity
A proposal may be modified or withdrawn in person at any time before the scheduled due date, provided a receipt for the withdrawn proposal is signed by the Proposer’s authorized representative. The City reserves the right to request proof of authorization to withdraw a proposal. Proposals may not be withdrawn after the proposal closing date and each Proposer agrees to this stipulation upon submittal of its proposal.
All proposals, with associated costs, shall be considered valid and binding on the Proposer for a period of ninety (90) days after the proposal due date.
C. Electronic Documents
Proposers may be supplied with the original RFP documents in electronic form to aid in the preparation of proposal(s). By accepting these electronic documents, each Proposer agrees not to edit or change the language or format of these documents. Submission of a proposal by a Proposer signifies full agreement with this requirement.
D. Receipt of Proposals
Submitted proposal(s) must be properly addressed and received by the City prior to the date and time specified. The mere fact that the proposal was dispatched will not be considered; the Proposer must ensure that the proposal is delivered. Proposals received after the date and time specified shall be returned and will be considered void and unacceptable. The City is not responsible for the lateness of the mail carrier, etc.; and the time/date stamp of receipt by the City Clerk’s Office shall be the official time of receipt.
8 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. Point of Contact and Communication
The Director of Public Works/Facilities is the designated “Point of Contact” for this RFP.
Proposers must only communicate with the Point of Contact during the RFP submission and procurement process. Communications initiated by Proposers with members of the City Council, or officers, personnel or employees of the City, other than via the Point of Contact, may be grounds for disqualification. Any inquiries or requests during this RFP submission and procurement process shall be submitted in writing to the Point of Contact as follows:
City of Bell Gardens
Attention: Bernardo Iniguez, Director of Public Works/Facilities 8327 Garfield Avenue
Bell Gardens, CA 90201
(562) 806-7770
Email: [email protected]
The City shall not be responsible for any verbal communication between any employee of the City and any Proposer outside of the communication procedures established in this RFP.
Only written requirements and qualifications will be considered. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions, or specifications stated in the resulting Contract Services Agreement.
Proposers and Proposer’s Representatives may not communicate with the City Council members about this RFP. In addition, Proposer and Proposer’s Representatives may not communicate outside the procedures set forth in this RFP with an officer, employee or agent of the City regarding this RFP until after Contract Services Agreement Award. However, Proposer and Proposer Representatives are not prohibited from making oral statements or presentations in public to one or more representatives of the City during a public meeting.
G. Reservations
The City reserves the right to accept or reject any or all responses received in response to this RFP. The City also reserves the right to waive any informality, technical defect or clerical error or irregularity in any response. The City’s potential award of a Contract Services Agreement will not be based on any single factor, nor will it be based solely or exclusively on the lowest cost proposal. If 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
9 the City may consider relevant and important in determining which proposals are best for the City. Additionally, the City may, for any reason, decide not to award any agreements based on this RFP. The City reserves the right to cancel or modify this RFP. The City shall not be obligated to respond to any responses submitted, nor be legally bound in any manner by the submission of the response. The City reserves the right to negotiate deliverables and associated costs. There is no guarantee that the City will award a Contract Services Agreement.
By submitting a proposal in response to this RFP, the Proposer accepts the evaluation process and acknowledges and accepts that determination will require subjective judgments by the City.
H. Reimbursements
Proposer shall be solely and exclusively responsible for all costs incurred in connection with the preparation and submission of the proposals; demonstrations; interviews; preparation of responses to questions and requests for additional information; for contract discussions; or for anything in any way related to this RFP. The City is not liable for any costs incurred by a Proposer in response to this RFP. Whether or not a Proposer is awarded a Contract Services Agreement pursuant to this RFP, no Proposer shall be entitled to reimbursement for any costs or expenses associated with the Proposer’s participation in this RFP process. Failure to comply with all requirements contained in this RFP may result in the rejection of a proposal.
I. Certification
Any proposal that does not contain all the information requested in this RFP will be considered incomplete and may be rejected by the City.
J. 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 Proposers. The City also reserves the right to investigate the qualifications of the Proposers as it deems appropriate.
10 M. Award of Contract Services Agreement
Award of any agreement resulting from this RFP will be made by the City Council at a public meeting.
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 Contractor will comply with any applicable State or federal labor compliance requirements, including the paying of prevailing wages to certain classifications performing work under the Contract Services Agreement awarded as a result of this RFP, if the State Department of Industrial Relations (DIR) or a federal agency require the paying of such prevailing wages to certain classifications during the term of the Contract Services Agreement.
GENERAL MANAGEMENT SERVICES
1. Water System
The Contractor is to maintain and operate the BGMWS, which at this time consists of approximately 1,650 metered Customers, one operable groundwater well (Well No. 1) and an MWD Connection: (Cen B-31B); approximately 67,925 feet of 4 inch through 14 inch lined cast iron water pipe (40%); asbestos cement water pipe (25%); plastic PVC water pipe (13%); and cement mortar lined ductile iron pipe (22%). Virtually all water mains are located in public paved streets and alleys. The oldest water main is approximately 74 years of age with some newer water mains installed in 1993-1996 and 2006-2010. The exact age of approximately 75% of the water mains is unknown; however, they are believed to have been installed when the community changed in the 1940-1970 period from agriculture to residential, commercial and industrial development. The City has a second groundwater well (Well No. 3F), which is currently out of service and inoperable. There are an estimated 125 fire hydrants with control valves and an estimated 150 main line valves.
It is recommended that Proposers pay particular attention to the following in preparing their proposal:
1. Asset and inventories of the BGMWS. The lists, maps and information provided summarizes the current system to the best of Public Work’s knowledge and per V. SCOPE OF WORK
11 available information.
2. Water Rights. The BGMWS has an allowed pumping allocation of 1,914 acre-feet per year.
3. System Pressure. The BGMWS has a single pressure zone distribution system. The system pressure varies from 60- 70 psi.
4. Water Sources. The sources of potable water supply for the BGMWS are the following:
a. Well No. 1 with a capacity of 2,000 gpm, located at 6607 Florence Place, Bell Gardens, 90201. Well No.1 was placed off-line in September 2021 due to exceedances of PFOA/PFAS response levels.
b. Metropolitan Water District (MWD) treated surface water through a connection with Central Basing Municipal Water District (CB-31B), with a capacity of 3,375 gpm, located at the northwest corner of the intersection of Garfield Avenue and Randolph Street in the City of Commerce.
c. There are two emergency connections, one with the City of Commerce and one with Golden State Water Company.
5. Anticipated improvements being completed by Public Works as part of on-going operations:
a. Public Works is completing the design of an Ion Exchange PFAS/PFOA treatment plant for Well No. 1.
b. Public Works is completing the design of one Water Storage Reservoir and one Booster Pump Station for Well No. 1.
During the term of the upcoming Contract Services Agreement, the City may obtain the funding to construct the treatment plant or the reservoir/booster pump station. Should this occur, the Contract Services Agreement would be amended to include the maintenance and operation of the new system components. The City may adopt new water rates for the BGMWS during the term of the Contract Services Agreement. The City expects the Contractor to cooperate during the period of making those changes.
The basic criteria for the qualifications of the Contractor are as follows:
(a) Contractor is in the business of providing professional maintenance and operation services to the owners of public potable water systems using personnel licensed by the State of California for such systems.
(b) The City of Bell Gardens is a municipal corporation which owns a public water system in a part of the City shown on Exhibit A (hereinafter referred to as the “Area of Service”). The City wants to retain the Contractor to provide the services herein stated
12 to the BGMWS Customers within the Area of Service for the term of the Contract Services Agreement. Contractor must be familiar with the Area of Service.
(c) The Contractor is to have a Customer Office with an address and a telephone number, staffed by a qualified Customer service representative between the hours of 8:00 a.m. – 5:00 p.m., Monday through Friday, except for City Holidays, who would respond to Customer inquiries, process billing, receipt and total water bill payments, receive requests for service or for discontinuance of service, keep field personnel aware of Customer queries about service, and act as the public representative of the BGMWS.
This person is to be bilingual in English and Spanish.
The telephone number for the Customer Office is to be maintained in service 24 hours a day throughout the year. The service to be used to maintain the telephone service outside of named Customer office hours shall be an experienced telephone operator service that maintains a record of all calls and can call out to the Contractor the information received in non-working hours so a timely maintenance response can be made by the Contractor. The telephone service is to be bilingual (English and Spanish).
The Customer Office is to be sufficiently large enough to accommodate the Contractor employee and the public.
Customer Office services will include, but are not limited to: preparation and filing of water production and water quality reports including a required water sample testing with the California Water Board Regulatory Agency, the Water Replenishment District, and the Central Basin Water Master in accordance with the provisions of California law on behalf of the City; obtaining all permits and making all filings required in connection with providing the Basic Customer Services as set forth herein; preparation of monthly Customer information reports, including daily bank deposit amounts during the month; reconciliation of balancing differences; listing of Customer accounts not paid within the allowed thirty-five (35) days and in arrears thereafter and of accounts sent for collections and Customer accounts determined to be uncollectible; accounting services related to providing the Basic Customer Services, such as recordation of meter readings, meter book loading and editing and maintenance of Customer Records in electronic format; and tracking and logging of Customer complaints, including the nature of the complaint, to be reported in writing at a minimum monthly to Director of Public Works/Facilities. As a part of the Monthly Report, the Contractor, the Director of Public Works/Facilities and the City Finance Director shall do a financial review of all monies collected.
The office personnel lunch hour and vacation and sick leave time is to be covered by one of the Contractor’s field personnel who is also bilingual and is familiar with the billing and receipt of monies from Customers.
The Customer Office must be ADA accessible.
Free parking is to be accessible to the Customer Office.
The Contractor is to have designated a chief operator and an assistant chief operator.
13 The chief operator and assistant chief operator shall have a minimum T3/D3 Water Certification. All Contractor personnel that will perform Maintenance and Operation Services on the physical Water System are to be licensed by the State of California.
All personnel are to be subject to approval of the Director of Public Works/Facilities.
All personnel shall have on file with the Director of Public Works/Facilities a history of water system work and a copy of their State License/Certifications shall be posted in the Customer Office. The City Manager, Director of Public Works/Facilities, City Police Department, and County Fire Department are to receive the telephone number. When on duty, all BGMWS Operation personnel are to wear a uniform approved by the Director of Public Works/Facilities. Field personnel are to be available a minimum of 5 days a week, Monday through Friday, 8 working hours per day, except City Holidays.
Personnel shall also be available as needed on other hours and days of the week on a callback or assigned basis.
In emergencies during non-working hours, Contractor employees shall be capable of responding within two (2) hours. Emergency personnel shall be made available on 24- hour basis.
The Contractor personnel are to be assigned a Contractor vehicle, normally a ½ - ¾ ton pickup for performing duties. The vehicle is to be marked with Contractor’s name on doors and is to be maintained in a reasonably clean basis. The vehicle is to be equipped with normal water system maintenance and operations equipment and tools.
At a minimum, one Contractor field worker on duty is to be bilingual, speaking English and Spanish.
All Contractor employees are periodically to receive training on Water System operations and safety rules. The Contractor’s safety plan is to be on file with the Director of Public Works/Facilities and approved by the Director of Public Works/Facilities.
All vehicles used by Contractor’s employees are to be equipped with tools and equipment appropriate to their duties. All such tools and equipment are to be properly maintained in a serviceable manner. All Contractor employee vehicles are to be equipped with safety equipment for operating in City streets and a two-way radio system or an employee cell phone system.
All operations of Contractor are to be insured per the Insurance Section found in the Contract Services Agreement.
Normal Duties to be performed by Contractor personnel are as follows:
Check operation of well(s) daily.
Check pumping level daily.
Check operation of chlorination system daily.
Check operation of Metropolitan Water District of Southern California (MWD) connection daily.
14 Maintain sites of well(s), chlorination system, and MWD connection in a neat order, particularly from rodents and pests such as pigeons. Review visually all water main alignments a minimum of every 2 months. Provide Customer Office at which a clerk is to staff daily, Monday through Friday, from 8:00 a.m. to 5:00 p.m., to:
Receive water bill payments, bank the receipts daily in a bank directed by the City Finance Director and a copy of all bank deposits is to be filed with the Monthly Report to Director of Public Works/Facilities. Accept/process applications for service, close out Customers terminating service.
Monitor payment receipts using billing register. Upon closure of 35 day payment period, produce a delinquent listing, prepare notice of delinquency, and assist field personnel in collecting delinquent bills and shutting off delinquent Customers.
Answer telephone requests and requests of Customers coming to office. Prepare timekeeping of personnel.
Provide typing, filing and secretarial services to chief operator. Perform daily register of payments and bank monies collected to credit of City.
Operate and exercise all mainline valves and fire hydrant lateral valves annually. The exact number of valves is unknown; however, it has been estimated herein.
Perform the sampling and testing of the water supplies as required by the State. Conduct cross-connection backflow prevention program. Owners of sites with backflow prevention devices are to be notified annually to have their devices tested annually and results of tests and any repairs filed with the Director of Public Works/Facilities, Contractor and County of Los Angeles Department of Health. There are an estimated 25 devices.
Conduct lead and copper service sampling program as required by the State. Comply with all requirements of the State Water Resources Control Board (State Water Board), which permits and regulates water systems in the State.
Emergency Repairs. In the event of any emergency, as reasonably determined by the Contractor, the Contractor shall have the unqualified right, immediately and without prior written notice to the City, to undertake such minimum repairs and replacement as is necessary in the reasonable opinion of the Contractor to eliminate any danger to the public’s health, safety or welfare.
The Contractor shall promptly notify the City of any such emergencies occurring during normal business hours and, if occurring during non-business hours, to the extent reasonably practicable, before 9:00 a.m. on the next business day of the City.
15 Notification of Need to Make Repairs or Capital Improvements . The Contractor shall prepare, on a semi-annual basis, a list of recommended repairs or capital improvements to be made to the BGMWS or otherwise recommended in connection with providing the services, other than routine field work included in basic Customer services or emergency repairs made by the Contractor. The recommendations shall include a description of the proposed repairs or capital improvements, the purpose of and need therefor and, if requested by the City in writing, an estimate of the costs to make such repairs or capital improvements, including the costs of engineering, construction and administration. The Contractor shall, at the written request of the City, prepare a description of such repairs or capital improvements which may be required as a result of changes in law, changes in water quality, orders of any governmental entity or damage or destruction of any portion of the BGMWS (other than due to the negligence or willful misconduct of the Contractor) and an estimate of the costs thereof, other than on an annual basis. If the Contractor determines in the course of providing the services that any such repairs or capital improvements are immediately required, the Contractor shall notify the City orally (confirmed by email) or in writing of the nature of the needed repairs or capital improvements and shall at the written request of the City prepare a written estimate of the costs thereof.
Field personnel are to respond to Customer and/or other notices of operational problems such as leaks in the BGMWS. Each year field personnel of the Contractor must operate and exercise each water main valve and fire hydrant lateral valve and repair those valves not functioning. Depending on extent of non-operational conditions, Contractor may perform repair as extraordinary services upon approval of the Director of Public Works/Facilities.
All leaks are to be investigated. Leaks at meters are to be repaired. Leaks in water mains are to be repaired as extraordinary services.
(d) The BGMWS is presently permitted by the State of California Public Health Department as System 1910108, which duties are now taken over by the State Water Board. The Contractor is to be familiar with the requirements of the State of California and, when asked, participate in inspections of the BGMWS and continuance of the permitting process. All field personnel of the Contractor are to be licensed by the State for potable water system Maintenance and Operation. The Chief Operational personnel must be licensed at a minimum level of a D-3.
2. Sources of Supply
The primary source of water is a 16” diameter well drilled in 1996 (Well No. 1) equipped with a deep well pump, which is equipped with an electric variable speed motor for daytime use (6:00 a.m. – 9:00 p.m.) and a Metropolitan Water District (MWD) (Cen B-31B) connection of
7.5 cfs, which has the capacity for backup to Well No. 1 and for nighttime use. There is a second well (Well No. 3F) that has been out of service since 1997 and the equipment has been removed. Well No. 3F was tested by WRD and found to have a chemical problem that would require well head treatment before being considered for service.
16 Well No. 1 at 6607 Florence Place had a maximum production capacity of 3,500 gpm when drilled. The Well is now equipped to pump up to 2,000 to 3,000 gmp. The Well produced 979.76 acre feet of water in 2013. The MWD connection can deliver up to 7.5 cfs located at northwest corner of the intersection of Garfield Avenue and Randolph Street in the City of Commerce. In 2013, the MWD connection delivered 248.3 acre feet of water pressurized to meet BGMWS pressure. The Well uses liquid chlorine for sanitation of the groundwater supply. The MWD connection is controlled so as to operate when the well pump goes offline.
The City owns 1,941 acre feet of adjudicated pumping rights in the Central Basin in Los Angeles County. In 2013, Well No. 1 and the MWD Connection delivered a total of 1,228.06 acre feet of water. The City presently leases out 994 acre-feet of pumping rights to Liberty Utilities.
Currently, Well No. 1 is not active. However, should the City decide to activate Well No. 1, the Contractor will be responsible to operate Well No. 1 to produce the most water supply economically to the benefit of the City, but the Contractor cannot earn any pumping rights in its name. The Contractor is to notify the City of the pumping so the City can pay any applicable Pumping Assessments of the Water Replenishment District (WRD) and any assessments of the Central Basin Water Master. Any and all bills of the Water Master and the WRD are to be reviewed by the Contractor and delivered to the City for payment. The Contractor is to keep the City, the WRD and the Water Master informed of the use of Well No. 1 on a regular basis.
Well No. 1 site is to be maintained in a secure fashion so as to protect the water supply.
The Contractor is to receive and review all bills of Southern California Edison for electric service and performance of annual testing of the pumping equipment and to promptly forward those bills to the City for payment. Bills for such supplies as chlorine and oil for the Well pump/motor are to be reviewed by the Contractor and promptly forwarded to the City for payment.
A log of all service visits to the Well No. 1 site and MWD connection and the operation of Well No. 1 and MWD connection shall be delivered to the City on a monthly basis.
Any and all extraordinary services on the BGMWS is to be initiated, except in emergencies, by the Contractor first informing the Director of Public Works/Facilities. Emergencies are those situations where work needs to be done to restore the Well and other equipment to service when the MWD connection cannot meet the water supply needs of the BGMWS. The Well No. 1 pumping equipment shall only be operated when it is capable of meeting standards of the State Regulating Public Health Agency.
The MWD connection shall be checked daily as to its operation. A written log of such inspections shall be maintained daily and provided to the City in monthly Reports. The MWD Connection shall be maintained in a secure fashion so as to protect the water supply.
The above described tasks shall be considered ordinary maintenance and operation services.
3. Water Main System
17 As described above, the existing water main system, valves, fire hydrants, meters and related appurtenances are to be maintained and operated on a daily basis by the Contractor.
This maintenance and operation work by the Contractor is to include monitoring the pressure in the water system daily and over a two month period touring all footage of the water system for notice of any leaks and other problems. In addition, the Contractor is to respond to any notice received by telephone or other communication of possible leaks, dirty water, lowering of pressure or other evidence of possible leakage. The drive-by of water mains shall be in addition to the bi-monthly meter reading tasks or responses to Customers or City communications about a possible leak or other problems. Should a possible leak investigation result in the need to turn off the water service at a particular vicinity to cure a leak, such repair work shall be performed as extraordinary services. See the section on that work.
As a part of routine maintenance and operation response to water quality complaints, the Contractor shall investigate and perform, as needed, local system flushing in the vicinity of the complaint. Such flushing shall be performed pursuant to Los Angeles Regional Water Quality Control Board MS4 Permit and NPDES Permit conditions, and all usage of water by flushing and/or leakage shall be reported to the City as a part of the monthly report.
Water sampling shall be per the State Water Board. At the request of the City, the Contractor will take and submit additional water quality samples to a State certified laboratory for testing.
All results of water testing are to be reported to Director of Public Works/Facilities and filed in Contractor’s office.
4. Meter Reading/Billing of Customers
All existing Customers are separately served via meters for each separate property which are to be read regularly every 2 months. Meters found to be not working or damaged are to be noted and replaced with American Water Works Association (AWWA) approved meters carried out as extraordinary services. Vandalism or activities of Customers to avoid billing are to be reported to the Director of Public Works/Facilities. Upon completion of meter reading in standard book form, a billing of all Customers is to be prepared in a register format and bills mailed as first class mailing. The Director of Public Works/Facilities initially is to review meter reading/billing system and approve.
Upon mailing in U.S. Mail of bills with an addressed return envelope, the billing register is to be daily annotated as payments are received. At the close of daily business, a log of payments received is to be prepared and a copy with receipts deposited as directed by the Director of Public Works/Facilities. A thirty-five (35) day period shall be allowed for receipt of payment. All accounts unpaid after 35 days are to be mailed a second bill for an additional ten (10) day period. At the end of the 10 day period, delinquent bills shall be hand delivered to Customer’s service premises providing seven (7) days for payment. All accounts not paid by the end of the 7 day period shall, on the next Wednesday, be subject to shut-off and locking off of service. See further information. The meter is to be locked off for non-payment.
The meter for vacant property is to be locked off and routinely monitored.
18 All contact with Customers about billing and usage of water is to be logged and any adverse action taken is to be cleared with Director of Public Works/Facilities beforehand. A lock on meter is to be used to secure a delinquent non-paying service or vacant property.
At this time the age of the BGMWS water meters is unknown. The City will, with the cooperation of the Contractor, perform an attempt to determine the age. The intent is to identify all meters older than 20 years so that the City can attempt to initiate a program of meter replacement of such. At this time, only stopped meters are to be replaced with new AWWA meters and the City billed therefor. Meters 2” and smaller are to be replaced by the Contractor and the City billed separately for labor, equipment and materials. Meters that have malfunctioned are to be replaced as extraordinary services.
The Contractor shall provide or arrange for all management, labor, materials, machinery, tools, vehicles, office (as described elsewhere), and other equipment, fuel, supplies, spare parts, expendables, consumables, testing and other things necessary for or incidental to the performance of the ordinary services.
5. Extraordinary Services
The Contractor hereby agrees to provide or arrange for, with Director of Public Works/Facilities concurrence, such additional services (“extraordinary services” and collectively with the Basic Customer Services and the “additional services”) as may be mutually agreed in writing by the Contractor and the, including, without limitation, services that might be required by the City in connection with fulfilling its obligations under the program of operation of pumping plant, MWD connection and water main repair and installation, service line repair and installation, hydrant repair and installation, large meter repair and replacement, maintaining a back-flow and cross-connection maintenance program, water sample collection, preparation and distribution to Customers of annual consumer confidence report, cooperation with the State Regulatory Agency/ State Water Board on periodic reviews, maintenance of System State Permit, preparation of purchase orders for repairs and capital improvements and obtaining all permits and making all filings required in connection with providing the extraordinary services.
The Contractor agrees to provide the listed services to the City in compliance with all rules, regulations, ordinances and policies of the City and State Regulatory Agency/State Water Board. Notwithstanding the foregoing, the Contractor’s obligations to provide the proposed services shall be subject to the City’s compliance with its obligations under State Rules for any matters arising out of the condition of the BGMWS or the quality of the available water supply.
From time to time, as needed, the Contractor shall provide or arrange for others to provide the following extraordinary services subject to Director of Public Works/Facilities approval:
(a) Repair of service connection leaks or other damages to services including replacement of existing services and curb stop as authorized by the City.
(b) Replacement of existing meter box and cover when found to be damaged or the cover is missing. Replacement box shall be concrete box with removable concrete cover with hinged cast iron metal lid for reading.
19 (c) Repair and/or replace leaking or damaged fire hydrant or flush-out.
(d) Repair and/or replace leaking water distribution system valves.
(e) Replace missing water distribution valve cap/cover, including, replacement of the valve can/sleeve, if necessary.
(f) Repair of water distribution system main leak.
(g) Repair of facilities at the Water Well No. 1 Plant and at the MWD connection CenB- 31B.
(h) Perform such other system repair work as directed by the City.
(i) All repair work done in City street/alley rights-of-way under (c), (d) and (f) shall be done under a no fee City Public Works/Excavation Permit to standards of the City and inspection by the City. The existing street improvements shall be restored per City requirements.
(j) All work to be performed under the heading of extraordinary services shall be noticed to the Director of Public Works/Facilities and a City Permit shall be taken out in advance, if possible. If the work is of an emergency nature, the City shall be notified and a City no fee Public Works/Excavation Permit shall be taken out at the earliest time thereafter.
(k) At the beginning of each year of the Contract Services Agreement, the Contractor shall provide the City a rate schedule for personnel and equipment that shall be used in the event that extraordinary services are required. Such rate schedule shall be reasonable and mutually agreed upon by both parties no less than sixty (60) days prior to the commencement of the next term year. Upon completion of an item of extraordinary services, a written detailed statement of work done listing personnel, equipment and materials used. At the end of each month, a billing statement is to be rendered to the City for the cost of extraordinary services performed by date, time and location including copies of any statements of material used and of any equipment rented. The Contractor may add to the reasonable basic cost of all materials purchased or equipment rented at an amount not to exceed 15%. Otherwise, the costs on a time basis shall be the previously submitted information of personnel and pay rates by the Contractor to the City and approved by the City. All bills rendered to the City shall indicate that the costs thereon have been paid by the Contractor.
(l) Testing of water meters as requested by the City.
(m) Replacement or repair of water meters larger than 2” as requested by the City.
For extraordinary services, the City generally requires that 3 bids be received for all work estimated over $1,000 from State licensed experienced Contractors at prevailing wages or for materials only. The Contractor must confer with the Director of Public Works/Facilities for the applicability of such bids before seeking bids.
20 6. Right to Use and Access
(a) The City will grant to the Contractor and its authorized agents and representatives during the term of the Contract Services Agreement the right to use, and to have access to, all of the assets of the BGMWS currently used in connection with providing the services, including, without limitation, the BGMWS and all books and records related thereto. The Contractor will have the right to make and retain copies of such books and records during the term of the Contract Services Agreement but will be required to return all such copies within 30 days of the expiration or earlier termination of the Contract Services Agreement. This will include garaging of the Contractor’s vehicles and employee vehicles at the Well No. 1 site.
(b) The City will agree to provide the Contractor and its authorized agents and representatives during the term of Contract Services Agreement access to employees and consultants of the City having information relating to the services and to cooperate with the Contractor and its authorized agents and representatives in obtaining any information reasonably necessary for providing the services during the term of the Contract Services Agreement.
7. Cooperation with City and State Regulating Department
The Contractor will agree to meet with representatives of the City on a monthly basis or at such additional times as the City may reasonably request to discuss any matters or concerns that may exist with respect to the Water System or the services provided by the Contractor under the Contract Services Agreement. The Contractor will be required to prepare and file all required reports with the State of California and to notify the State of any violation of the State Rules with a copy of all such reports given to the Director of Public Works/Facilities.
The Contractor will cooperate with the State on any contacts with the State.
8. Compensation for Ordinary Services and Extraordinary Services
The City will pay to the Contractor in accordance with the terms of the Contract Services Agreement, which will include the following terms:
(a) Amount per month for ordinary services,
(b) The labor rates agreed to by the for such extraordinary services multiplied by the number of hours worked by each employee, to the nearest quarter hour, in each position during the preceding month, plus;
(c) The actual out-of-pocket cost and markup of equipment, materials, supplies, spare parts, expendables and consumables provided by the Contractor, postage, and other actual out-of-pocket costs incurred by the Contractor in connection with providing such extraordinary services, the costs and markup of which shall be consistent with this.
(d) Failure to provide the supporting documentation with the monthly invoice shall be deemed non-compliance with Contract Services Agreement reporting requirements.
21 This will result in a ten percent (10%) deduction in the agreed per month amount for ordinary services for that month’s billing. The 10% deduction is considered a penalty and will not be re-imbursed. If supporting documentation for the past month is not provided in the next month’s billing, an additional 10% deduction will result. If supporting documentation is not provided in the third month’s billing, this will be considered a breach of contract, and subsequent actions will be initiated per the contract documents.
9. Property of the City
Any BGMWS materials removed from the water system during the course of repair or maintenance will remain the property of the City and shall be delivered to the City Public Works Maintenance Yard, 8327 Garfield Avenue, Bell Gardens, CA 90201, or such other location as directed by the Director of Public Works/Facilities.
The following instructions describe the form in which proposals must be submitted.
Responses to the following items will be used for proposal evaluation. Proposals that do not contain responses to each of the required items will be considered incomplete and may be rejected.
Proposal documents should provide a straightforward, concise description of the Contractor’s capabilities to satisfy the requirements of this RFP. Emphasis should be on completeness, clarity of content, and conveyance of the information requested by the City. The requirements stated do not preclude a Contractor from furnishing additional reports, functions, and costs as deemed appropriate.
The proposal must contain the following elements:
1. Transmittal Letter:
a. A letter of transmittal signed by an individual authorized to bind the Proposer stating the Proposer has read and will comply with all terms and conditions of the RFP. The transmittal letter will contain, at a minimum: a) company name and address; and b) an executive summary briefly describing the Proposer’s ability to perform the work requested, a history of the Proposer’s background and experience providing services, and a description of the firm’s understanding of the City’s needs.
b. Conflict of Interest Statement: The Proposer shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of the Contract Services Agreement. Particular attention should be paid to compliance with Government Code section 1090.
VI. PROPOSAL FORMAT AND CONTENT REQUIREMENTS
22 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 Contractor to adhere to the established methodology and workplan.
3. Management and Staffing:
Describe the management and staffing configuration to be utilized to complete each component of the scope of work. Describe the qualifications of staff to be assigned to the City, their title, and types and amount of equivalent experience. Resumes of all proposed personnel must be included. The proposal must indicate who will have primary responsibility for the requested services. The proposal must also identify any proposed 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 Public Transit 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.
23 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 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.”
The award of an 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.
VII. EVALUATION CRITERIA
24 Proposals will be reviewed and evaluated by City staff, including the Director of Public Works/Facilities, and will be ranked based on the following criteria:
1. Comprehension of the Request for Proposals (Max Score: 15 Points)
This relates to the Proposer’s basic understanding of the City’s requested services and Proposer’s ability to articulate a concise description of the role of the requested services.
2. Qualifications of Proposer (Max Score: 45 Points)
Experience of the firm
Staffing and resources
Qualifications and experience of proposed personnel
Ability to perform requested water system operations and maintenance services. Familiarity with federal, State and regional/local agency requirements.
3. Proposal Cost (Max Score: 30 Points)
This is the Proposer’s cost to provide the requested water system operations and maintenance services.
4. References (Max Score: 10 Points)
This relates to the reputation and quality of past work performed by the Proposer based on municipal and other professional references.
If further clarifications or negotiations are required, on-site or virtual interviews may be conducted. Participation in these interviews will be at the expense of the Proposer. The interview panel will be made up of staff members or representatives from the City.
Recommendations will be provided to the City Council for final selection and award. Proposals failing to provide sufficient information and assurances of performance to adequately assess each category of the required services and/or failing to comply with the requirements and conditions of this RFP may not be given further consideration.
Factors such as, but not limited to, any of the following may be considered just cause to disqualify a response to the RFP without further consideration:
Evidence of collusion, directly or indirectly, among 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;
25 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 outlined in Section V, above.
The successful Contractor shall not discriminate, in any way, against any person based on race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, or any other protected classification in connection with or related to the performance of the Contract Services Agreement.
Close coordination with the City is required to ensure that all requirements will be met. The City reserves the right to withdraw this RFP at any time without any prior notice. Further, the City makes no representations that any Contract Services Agreement will be awarded to any Contractor responding to this RFP. The City expressly reserves the right to postpone reviewing the proposals for its own convenience and to reject any or all proposals responding to this RFP without indicating any reasons for such rejection(s).
ATTACHMENT “A”
PROPOSAL PRICE SHEET
26
27 PROPOSAL PRICE SHEET
Proposer to insert “INSERT TITLE OF COMPENSATION DOCUMENT” in accordance with Scope of Work and must include the Pricing options listed below.
1.Proposal Price for ordinary service with the following breakdown:
a. Customer Service/Billing
b. Water Operation and Maintenance
c. Water Sampling and Testing
2. Proposal Price for Extra – Ordinary Services with the following breakdown:
a. Repair of service connection leaks or other damages to services including replacement of existing services including curb stop as authorized by the City.
b. Replacement of an existing meter box and cover when found to be damaged or the cover missing. Replacement box shall be concrete box with removable concrete cover with hinged cast iron metal lid for reading.
c. Repair and/or replace leaking or damaged fire hydrant or flush-out.
d. Repair and/or replace leaking water distribution system valves.
e. Replace missing water distribution valve cap/cover including, if needed, replacement of the valve can/sleeve.
f. Repair of water distribution system main leak.
g. Repair of facilities at the Water Well No. 1 Plant and at the MWD connection CenB-31B.
h. Perform such other system repair work as directed by the City.
i. All repair work done in City street/alley rights-of-way under (c), (d) and (f) shall be done under a no fee City Excavation Permit to standards of the City and inspection by the City. The existing street improvements shall be restored per City requirements.
j. All work to be performed under the heading of Extraordinary Services shall be noticed to the City’s Public Works Department Construction Inspector and a City Permit taken out in advance, if possible. If the work is of an emergency nature, the City shall be notified and a City No Fee Excavation Permit taken out at the earliest time thereafter.
k. At the beginning of each year of the Contract Services Agreement, the Contractor shall provide the City a rate schedule for personnel and equipment that shall be used in the event that extraordinary services are required. Such rate schedule shall be reasonable and mutually agreed upon by both parties no less than sixty (60) days prior to the commencement of the next term year. Upon completion of an item of extraordinary services, a written detailed statement of work done listing personnel, equipment and
28 materials used. At the end of each month, a billing statement is to be rendered to the City for the cost of extraordinary services performed by date, time and location including copies of any statements of material used and of any equipment rented. The Contractor may add to the reasonable basic cost of all materials purchased or equipment rented an amount not to exceed 15%. Otherwise, the costs on a time basis shall be the previously submitted information of personnel and pay rates by the Contractor to the City and approved by the City. All bills rendered to the City shall indicate that the costs thereon have been paid by the Contractor.
l. Testing of water meters as requested by the City.
m. Replacement or repair of water meters larger than 2” as requested by the City.
For extraordinary services the City generally requires that 3 bids be received for all work estimated over $1,000 from State licensed experienced Contractors or for materials only. The Contractor should check ahead with the Director of Public Works/Facilities of the applicability of such bids before seeking bids.
29 ATTACHMENT “B”
ACKNOWLEDGEMENT OF CITY’S STANDARD FORM OF AGREEMENT
30 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 Water System Operations (“Proposer”) and, on behalf of the Proposer, hereby:
Accept City’s Standard Form of 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_____ day of _________, 2025 at ___________________________, California.
Signature of Officer _____________________ Printed/Typed Name of Officer _____________________ Title of Officer ____________________
31 ATTACHMENT “C”
SAMPLE CONTRACT SERVICES AGREEMENT
1 2025
CONTRACT SERVICES AGREEMENT
(Contractor: __________)
(Nature of Engagement: _______________________)
THIS CONTRACT SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this ___________ day of _________________ 202 5 (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 Agreement 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 performed by CONTRACTOR are more specifically described in the CITY’s “________________________” (hereinafter the “CITY RFP”) dated ______________, and the written proposal of CONTRACTOR entitled “______________________” (hereinafter, the “CONTRACTOR PROPOSAL”).
The CITY RFP and the CONTRACTOR PROPOSAL are attached and incorporated hereto as Exhibit “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the CONTRACTOR PROPOSAL. The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONTRACTOR PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the
2 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 ____ (__) years commencing from the Effective Date through ________________ (hereinafter, the “Term”). The Term of the Agreement may be extended by the CITY subject to its same terms and conditions for a maximum of two (2) one-year extensions, provided the CITY issues written notice of its intent to extend the Term of the Agreement prior to the expiration of the initial Term.
B. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause.
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
3 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 exceed the annual sum of ____________________ ($_______) (hereinafter, the
4 “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;
5 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 immedia tely 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 acknowl edge 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.
6 SECTION 6. REPRESENTATIVES.
A. City Representative. For the purposes of this Agreement, the contract administrator and CITY’s representative shall be _________________ (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, ____________________, is hereby designated as the principal and representative of CONTRACTOR authorized to act on its behalf with respect to CONTRACTOR’s performance under this Agreement and to make all decisions in connection therewith (hereinafter, the “Contractor Representative”). Notice to the Contractor Representative whether written or verbal shall constitute notice to CONTRACTOR.
The Contractor’s Representative shall supervise and direct the Work, using their best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
SECTION 7. CONTRACTOR’S PERSONNEL.
A. CONTRACTOR represents that it has, or will secure at its own expense, all personnel required to perform the Work and all other services and tasks necessary for CONTRACTOR to competently and timely complete the improvements contemplated under this Agreement. All Work, services and tasks will be performed under CONTRACTOR’s supervision, and CONTRACTOR’s personnel engaged in the performance of the work, services and tasks contemplated under this Agreement shall possess the qualifications, permits and licenses required by applicable law to perform such work, services and tasks.
B. CONTRACTOR shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Work.
CONTRACTOR shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the CONTRACTOR’s performance of the Work, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against CITY hereunder.
C. CONTRACTOR shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work.
D. In the event that CITY, in its sole reasonable discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONTRACTOR to perform services pursuant to this Agreement, CONTRACTOR shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons.
7 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 rate for holidays, Saturdays and Sundays and overtime work in t he locality in
8 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 Ca lifornia 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
9 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 Californ ia 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.