Agenda packet — Bell Gardens City Council, May 11, 2026 (part 4 of 11)

In the event Federal Transit Administration (FTA) or Department of Transportation (DOT ) funding is used by Participating Public Agency, Offeror also agrees to include Clean Air and Clean Water requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

Pursuant to Federal Rule (G) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency m e m b e r resulting f r om this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (G) above.

Does offeror agree? YES Initials of Authorized Representative of offeror ��

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(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the Executive Office of the President Office of Management and Budget (OMB) guidelines at 2 CFR 1 8 0 that implement Exec utive Orders 12549 (3 CFR p a r t 1 986 Comp., p . 1 89) a nd 12689 (3 CFR p a r t 1 989 Comp., p . 2 3 5 ) , “Debarment and Suspen sion.” S AM E x c l usions c ontains the nam es o f p a r t i es debarred, suspe nded, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

Pursuant to Federal Rule (H) above, when federal funds are expend ed by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. If at any time during the term of an award the offeror or its principals becomes debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency, the offeror will notify the Participating Agency.

Does offeror agree? YES Initials of Authorized Representative of offeror

(I) Byrd Anti-Lobbying Amendment ( 31 U.S.C. 1352)— Contractors that apply or b id for an award exceeding $100 ,000 must f ile the re quired c e r t i f i c a t ion. Each t ier c e r t i fies t o t h e tier a bove that it will not and h as not used Feder al appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a me mber of Congress, officer or e mployee of Congress, or an employee of a me mber of Congress in connection with obt aining any Fede ral contract, grant or any other award covered by 31 U.S.C. 1352. Each t ier must also disclose any l obbying with non-Federal funds that takes p lace in connection with obt aining any Feder al award.

Such disclosures are forwarded from tier to tier up to the non-Federal award.

Pursuant to Federal Rule (I) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term and after the awarded term of an award for all contracts by Participating Agency r esulting f rom this procuremen t process, the offeror certifies that it is in compl iance with all app licable provisions of the Byrd A nti-Lobbying Amendment (31 U.S.C. 1352). T he undersigned further certifies that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuatio n, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attem pting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or ente red into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 135 2, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
(3) The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the la nguage of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shal l certify and disclose accordingly.

Does offeror agree? YES Initials of Authorized Representative of offeror

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RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS When federal funds a r e expended by Participating Agency for any contract r esulting from this procuremen t process, offeror certifies that it will comply with the record r etention requirements detailed in 2 CFR § 200.333. The offeror further certifies that offeror will retain all records as r e quired by 2 CFR § 2 00.333 for a period of three y ears after g r a ntees or subgrantees submit final expend iture reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

Does offeror agree? YES Initials of Authorized Representative of offeror

CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT When Participating Agency expends federal funds for any contract resulting from this procurement process, offeror certifies that it will com ply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18).

Does offeror agree? Y E S Initials of Authorized Representative of offeror

CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal Transit Administration funds, offeror certifies that its products comply with all applicable provisions of the Buy America Act and agrees to provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request.

Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition. Additionally:
(1) The Contractor agrees to comply with 49 USC 5323(j) and 49 CFR Part 661, which provide that federal funds may not be obligated unless steel, iron and manufactured products used in FTA -funded projects are produced in the Unit ed States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers ar e listed in 49 CFR 661.7.A general public interest waiver from the Buy America requirements applies to microprocessors, computers, microcomputers, software or other such devices, which are used solely for the purpose of processing or storing data. This general waiver does not extend to a product or device that merely contains a microprocessor or microcomputer and is not used solely for the purpose of processing or storing da ta. Separate requirements for rolling stock are set out at 5323(j)(2)(C) and 49 CFR 661.11.
(2) A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification with all bids on FTA - funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a complet ed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors.

The following certificates titled FTA and DOT Buy America Certification should be completed and returned with the response as part of FTA and DOT requirements.

FEDERAL TRASIT ADMINISTRATION (FTA) AND DEPARTMENT OF TRANSPORTATION (DOT) - BUY AMERICA: CERTIFICATION REQUIREMENT FOR PROCUREMENTOF ROLLING STOCK

CERTIFICATE OF COMPLIANCE
(select one of the two options, NOT BOTH)
Certificate of Compliance with 49 USC §5323(j)
The proposer hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j), and the applicable regulations of 49 CFR 661.11.

Check for YES: 
OR
Certificate of Non-Compliance with 49 USC §5323(j)
X
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The proposer hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j), but may qualify for an exception to the requirement consistent with 49 U.S.C. 5323(j)(2)(C), and the applicable regulations in 49 CFR 661.7.

Check for YES: 

FEDERAL TRASIT ADMINISTRATION (FTA) AND DEPARTMENT OF TRANSPORTATION (DOT) - BUY AMERICA: CERTIFICATION REQUIREMENT FOR PROCUREMENT OF STEEL OR MANUFACTURED PRODUCTS CERTIFICATE OF COMPLIANCE (select one of the two options, NOT BOTH) Certificate of Compliance with 49 USC §5323(j)(1)
The proposer hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(1), and the applicable regulations in 49 CFR part 661.

Check for YES: 
OR
Certificate of Non-Compliance with 49 USC §5323(j)(1)
The proposer hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j), but it may qualify for an exc eption to the requirement pursuant to 49 U.S.C. 5323(j)(2), as amended, and the applicable regulations in 49 CFR 661.7.

Check for YES: 
Does offeror agree? YES Initials of Authorized Representative of offeror Offeror’s Name: ___________________________________________________________________________________ Address, City, State, and Zip Code: ________________________________________________________________________ Phone Number: __________________________________
Fax Number: ______________________________________
Printed Name and Title of Authorized Representative: _____________________________________________________________________ Email Address: __________________________________________________________________________________ Signature of Authorized Representative: ____________________________________ Date: _____________________________
CERTIFICATION OF ACCESS TO RECORDS – 2 C.F.R. § 200.336 Offeror agrees that the Inspector General of the Agency or any of their duly authorized representatives shall have access to any documents, papers, or other records of offeror that are p ertinent to offeror’s discharge of its obligations under the Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to offeror’s personnel for the purpose of interview and discussion relating to such documents.

Does offeror agree? Y E S Initials of Authorized Representative of offeror

CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS
Offeror agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions.

Does offeror agree? YES Initials of Authorized Representative of offeror

COMMUNITY DEVELOPMENT BLOCK GRANTS
Purchases made under this contract may be partially or fully funded with federal grant funds. Funding for this work may inclu de Federal Funding sources, including Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development. When such funding is provided, Offeror shall comply with all terms, conditions and requirements enumerated by the grant funding source, as well as requirements of the State statutes for which the contract is utilized, whichever X
Iron Brick Associates, LLC
362 Old Hollow Rd, Sperryville, VA 22740
703-288-3874
Peter Sirh, VP
[email protected]
10/7/2024
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is the more restrictive requirement. When using Federal Funding, Offeror shall comply with all wage and latest reporting provisions of the Federal Davis-Bacon Act. HUD-4010 Labor Provisions also applies to this contract.

Does offeror agree? YES Initials of Authorized Representative of offeror Offeror agrees to comply with all federal, state, and local laws, rules, regulations and ordinances, as applicable. It is further acknowledged that offeror certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted above.

Offeror’s Name:
____________________________________________________________________________________________ Address, City, State, and Zip Code:
_____________________________________________________________________________ Phone Number: ________________________________ F ax Number: ______________________________________ Printed Name and Title of Authorized Representative:
_____________________________________________________________________ Email Address:
____________________________________________________________________________________________ Signature of Authorized Representative: ____________________________________Date: _____________________________ Iron Brick Associates, LLC
362 Old Hollow Rd, Sperryville, VA 22740
703-288-3874
Peter Sirh, VP
[email protected]
10/7/2024
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FEMA AND ADDITIONAL FEDERAL FUNDING SPECIAL CONDITIONS
Awarded Supplier(s) (also referred to as Contractors) may need to respond to events and losses where products and services are needed for the immediate and initial response to emergency situations such as, but not limited to, water damage, fire damage, vandalism cleanup, biohazard cleanup, sewage decontamination, deodorization, and/or wind damage during a disaster or emergency situation. By submitting a proposal, the Supplier is accepted these FEMA and Additional Federal Funding Special Conditions required by the Federal Emergency Management Agency (FEMA) and other federal entities. “Contract” in the below pages under FEMA AND ADDITIONAL FEDERAL FUNDING SPECIAL CONDITIONS is also referred to and defined as the “Master Agreement”. “Contractor” in the below pages under FEMA AND ADDITIONAL FEDERAL FUNDING SPECIAL CONDITIONS is also referred to and defined as “Supplier” or “Awarded Supplier”.

Conflicts of Interest
No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a FEMA award if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her pa rtner, or an organization which employs or is about to employ any of these parties, has a financial or other interest in or a tangible personal benefit from a firm considered for award. 2 C.F.R. § 200.318(c)(1); See also Standard Form 424D, ¶ 7; Standard Form 424B, ¶ 3. i. FEMA considers a “financial interest” to be the potential for gain or loss to the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties as a result of the particular procurement. The prohibited financial interest may arise from ownership of certain financial instruments or investments such as stock, bonds, or real estate, or from a salary, indebtedness, job offer, or similar interest that might be affected by the particular procurement. ii. FEMA considers an “apparent” conflict of interest to exist where an actual conflict does not exist, but where a reasonable person with knowledge of the relevant facts would question the impartiality of the employee, officer, or agent participating in the procurement. c. Gifts. The officers, employees, and agents of the Participating Public Agency nor the Participating Public Agency (“NFE”) must neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, NFE’s may set standards for situations in which the financial interest is de minimus, not substantial, or the gift is an unsolicited item of nominal value. 2 C.F.R. § 200.318(c)(1). d. Violations. The NFE’s written standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the NFE. 2 C.F.R. § 200.318(c)(1). For example, the penalty for a NFE’s employee may be dismissal, and the penalty for a contractor might be the termination of the contract.

Contractor Integrity
A contractor must have a satisfactory record of integrity and business ethics. Contractors that are debarred or suspended, as described in and subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security’s regulations at 2 C.F.R.

Part 3000 (Non-procurement Debarment and Suspension), must be rejected and cannot receive contract awards at any level.

Notice of Legal Matters Affecting the Federal Government In the event FTA or DOT funding is used by Participating Public Agency, Contractor agrees to:
1) The Contractor agrees that if a current or prospective legal matter that may affect the Federal Government emerges, the Contractor shall promptly notify the Participating Public Agency of the legal matter in accordance with 2 C.F.R. §§ 180.220 and 1200.220. ��

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2) The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason.

3) The Contractor further agrees to include the above clause in each subcontract, at every tier, financed in whole or in part with Federal assistance provided by the FTA.

Public Policy
A contractor must comply with the public policies of the Federal Government and state, local government, or tribal government. This includes, among other things, past and current compliance with the:
a. Equal opportunity and nondiscrimination laws
b. Five affirmative steps described at 2 C.F.R. § 200.321(b) for all subcontracting under contracts supported by FEMA financial assistance; and FEMA Procurement Guidance June 21, 2016 Page IV - 7 c. Applicable prevailing wage laws, regulations, and executive orders

Affirmative Steps
For any subcontracting opportunities, Contractor must take the following Affirmative steps:

1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;

4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and

5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

Prevailing Wage Requirements
When applicable, the awarded Contractor (s) and any and all subcontractor(s) agree to comply with all laws regarding prevailing wage rates including the Davis -Bacon Act, applicable to this solicitation and/or Participating Public Agencies. The Participating Public Agency shall notify the Contractor of the applicable pricing/prevailing wage rates and must apply any local wage rates requested. The Contractor and any subcontractor(s) shall comply with the prevailing wage rates set by the Participating Public Agency.

Federal Requirements
If products and services are issued in response to an emergency or disaster recovery the items below, located in this FEMA Special Conditions section of the Federal Funds Certifications, are activated and required when federal funding may be utilized.
2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II, Required Contract Clauses

1. CONTRACT REMEDIES
Contracts for more than the federal simplified acquisition threshold (SAT), the dollar amount below which an NFE may purchase property or services using small purchase methods, currently set at $250,000 for procurements made on or after June 20, 2018,4 must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms and must provide for sanctions and penalties as appropriate.

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1.1 Applicability
This contract provision is required for contracts over the SAT, currently set at $250,000 for procurements made on or after June 20, 2018. Although not required for contracts at or below the SAT, FEMA suggests including a remedies provision.

1.2 Additional Considerations
For FEMA’s Assistance to Firefighters Grant (AFG) Program, recipients must include a penalty clause in all contracts for any AFG -funded vehicle, regardless of dollar amount. In that situation, the contract must include a clause addressing that non-delivery by the contract’s specified date or other vendor nonperformance will require a penalty of no less than $100 per day until such time that the vehicle, compliant with the terms of the contract, has been accepted by the recipient. This penalty clause should, however, account for force majeure or acts of God. AFG recipients should refer to the applicable year’s Notice of Funding Opportunity (NOFO) for additional information, which can be accessed at FEMA.gov.

2. TERMINATION FOR CAUSE AND CONVENIENCE

a. Standard. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity, including the manner by which it will be effected and the basis for settlement. See 2 C.F.R. Part 200, Appendix II(B).

b. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs.

3. EQUAL EMPLOYMENT OPPORTUNITY

When applicable:

a. Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4(b), in accordance with Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p.
339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II(C).

b. Key Definitions.

i. Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60-

1.3 defines a “federally assisted construction contract” as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, ��

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loan, insurance, or guarantee under which the applicant itself participates in the construction work.

ii. Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines “construction work” as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction.

c. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs.

d. Required Language. The regulation at 41 C.F.R. Part 60-1.4(b) requires the insertion of the following contract clause.

During the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September ��

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24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may dire ct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or ��

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suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

4. DAVIS-BACON ACT

a. Standard. All prime construction contracts in excess of $2,000 awarded by non - Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §§ 3141- 3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction). See 2 C.F.R. Part 200, Appendix II(D). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week.

b. Applicability. The Davis -Bacon Act applies to the Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Program.

c. Requirements. If applicable, the non-federal entity must do the following:

i. The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency.

ii. Additionally, pursuant 2 C.F.R. Part 200, Appendix II(D), contracts subject to the Davis-Bacon Act, must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). The Copeland Anti- Kickback Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non - Federal entity must report all suspected or reported violations to FEMA.

iii. Include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141 - 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”).

Suggested Language. The following provides a sample contract clause:

Compliance with the Davis-Bacon Act.
a. All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and ��

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3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141 - 3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.

b. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.

c. Additionally, contractors are required to pay wages not less than once a week.

5. COPELAND ANTI-KICKBACK ACT

a. Standard. Recipient and subrecipient contracts must include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). b. Applicability. This requirement applies to all contracts for construction or repair work above $2,000 in situations where the Davis-Bacon Act also applies. It DOES NOT apply to the FEMA Public Assistance Program.

c. Requirements. If applicable, the non -federal entity must include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). Each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to FEMA. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti -Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work.

Sample Language. The following provides a sample contract clause:

Compliance with the Copeland “Anti-Kickback” Act.
a. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.

b. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.

The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
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c. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12.”

6. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

a. Standard. Where applicable (see 40 U.S.C. §§ 3701-3708), all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II(E). Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Further, no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous.

b. Applicability. This requirement applies to all FEMA contracts awarded by the non- federal entity in excess of $100,000 under grant and cooperative agreement programs that involve the employment of mechanics or laborers. It is applicable to construction work. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

c. Suggested Language. The regulation at 29 C.F.R. § 5.5(b) provides contract clause language concerning compliance with the Contract Work Hours and Safety Standards Act. FEMA suggests including the following contract clause:

Compliance with the Contract Work Hours and Safety Standards Act.

(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of
$27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The Federal agency or ��

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loan/grant recipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.

7. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT

a. Standard. If the FEMA award meets the definition of “funding agreement” under 37C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non- Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by FEMA. See 2 C.F.R. Part 200, Appendix II(F).

b. Applicability. This requirement applies to “ funding agreements,” but it DOES NOT apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households – Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of “funding agreement.”

c. Funding Agreements Definition. The regulation at 37 C.F.R. § 401.2(a) defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph.

8. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT

a. Standard. If applicable, contracts must contain a provision that requires the contractor to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§ 7401-7671q.) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251 -1387). Violations must be reported to FEMA and the Regional Office of the Environmental Protection Agency. See 2 C.F.R. Part 200, Appendix II(G).
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b. Applicability. This requirement applies to contracts awarded by a non -federal entity of amounts in excess of $150,000 under a federal grant.

c. Suggested Language. The following provides a sample contract clause.

Clean Air Act

1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

2. The contractor agrees to report each violation to the Participating Public Agency and understands and agrees that the Participating Public Agency will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

Federal Water Pollution Control Act

1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

9. DEBARMENT AND SUSPENSION

a. Standard. Non -Federal entities and contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security’s regulations at 2 C.F.R. Part 3000 (Non-procurement Debarment and Suspension).

b. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs.

c. Requirements.
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i. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II(H); and 2 C.F.R. § 200.213. A contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530.

ii. In general, an “excluded” party cannot receive a Federal grant award or a contract within the meaning of a “covered transaction,” to include subawards and subcontracts. This includes parties that receive Federal funding indirectly, such as contractors to recipients and subrecipients. The key to the exclusion is whether there i s a “covered transaction,” which is any non -procurement transaction (unless excepted) at either a “primary” or “secondary” tier. Although “covered transactions” do not include contracts awarded by the Federal Government for purposes of the non -procurement common rule and DHS’s implementing regulations, it does include some contracts awarded by recipients and subrecipients.

iii. Specifically, a covered transaction includes the following contracts for goods or services:

1. The contract is awarded by a recipient or subrecipient in the amount of at least $25,000.

2. The contract requires the approval of FEMA, regardless of amount.

3. The contract is for federally-required audit services.

4. A subcontract is also a covered transaction if it is awarded by the contractor of a recipient or subrecipient and requires either the approval of FEMA or is in excess of $25,000.

d. Suggested Language. The following provides a debarment and suspension clause. It incorporates an optional method of verifying that contractors are not excluded or disqualified.

Suspension and Debarment
(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

(2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

(3) This certification is a material representation of fact relied upon by the Participating ��

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Public Agency. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Participating Public Agency, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

(4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

10. BYRD ANTI-LOBBYING AMENDMENT

a. Standard. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352.

FEMA’s regulation at 44 C.F.R. Part 18 implements the requirements of 31 U.S.C. § 1352 and provides, in Appendix A to Part 18, a copy of the certification that is required to be completed by each entity as described in 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the Federal awarding agency.

b. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs. Contractors that apply or bid for a contract of $100,000 or more under a federal grant must file the required certification. See 2 C.F.R. Part 200, Appendix II(I); 31 U.S.C. § 1352; and 44 C.F.R. Part 18.

c. Suggested Language.

Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended)

Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352.

Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

d. Required Certification. If applicable, contractors must sign and submit to the non-federal entity the following certification.

APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements

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The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

Signature of Contractor’s Authorized Official
Name and Title of Contractor’s Authorized Official
Date
Peter Sirh, VP
10/7/2024
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11. PROCUREMENT OF RECOVERED MATERIALS

a. Standard. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. See 2 C.F.R. Part 200, Appendix II(J); and 2 C.F.R. § 200.322.

b. Applicability. This requirement applies to all contracts awarded by a non- federal entity under FEMA grant and cooperative agreement programs.

c. Requirements. The requirements of Section 6002 include procuring only items designated in guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds
$10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

d. Suggested Language.

i. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired—

1. Competitively within a timeframe providing for compliance with the contract performance schedule;

2. Meeting contract performance requirements; or

3. At a reasonable price.

ii. Information about this requirement, along with the list of EPA - designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

iii. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”

12. DOMESTIC PREFERENCES FOR PROCUREMENTS

As appropriate, and to the extent consistent with law, CONTRACTOR should, to the greatest extent practicable under a federal award, provide a preference for the purchase, acquisition, or use of goods, products or materials produced in the United States. This includes, but is not limited to, iron, aluminum, steel, cement, and other manufactured products.

Applicability For purchases in support of FEMA declarations and awards issued on or after November 12, 2020, all FEMA recipients and subrecipients are required to include in all contracts and purchase orders for work or products a contract provision encouraging domestic preference for procurements.

Domestic Preference for Procurements As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.”

13. ACCESS TO RECORDS

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a. Standard. All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. Recipients must give DHS/FEMA access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. See DHS Standard Terms and Conditions: Version 8.1 (2018).

Additionally, Section 1225 of the Disaster Recovery Reform Act of 2018 prohibits FEMA from providing reimbursement to any state, local, tribal, or territorial government, or private non -profit for activities made pursuant to a contract that purports to prohibit audits or internal reviews by the FEMA administrator or Comptroller General.

Access to Records. The following access to records requirements apply to this contract:

i.The Contractor agrees to provide Participating Public Agency, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. ii.The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. iii. The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.

iv.In compliance with the Disaster Recovery Act of 2018, the Participating Public Agency and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.

14. CHANGES

a. Standard. To be eligible for FEMA assistance under the non -Federal entity’s FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope.

b. Applicability. FEMA recommends, therefore, that a non-Federal entity include a changes clause in its contract that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract. The language of the clause may differ depending on the nature of the contract and the end-item procured.

15. DHS SEAL, LOGO, AND FLAGS

a. Standard. Recipients must obtain permission prior to using the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials. See DHS Standard Terms and Conditions: Version 8.1 (2018).

b. Applicability. FEMA recommends that all non-Federal entities place in their contracts a provision that a contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.

c. “The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.

16. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS

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a. Standard. The recipient and its contractors are required to comply with all Federal laws, regulations, and executive orders.

b. Applicability. FEMA recommends that all non -Federal entities place into their contracts an acknowledgement that FEMA financial assistance will be used to fund the contract along with the requirement that the contractor will comply with all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives.

c. “This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.”

17. NO OBLIGATION BY FEDERAL GOVERNMENT

a. Standard. FEMA is not a party to any transaction between the recipient and its contractor. FEMA is not subject to any obligations or liable to any party for any matter relating to the contract.

b. Applicability. FEMA recommends that the non -Federal entity include a provision in its contract that states that the Federal Government is not a party to the contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.

c. “The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.”

18. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS

a. Standard. Recipients must comply with the requirements of The False Claims Act (31 U.S.C. §§ 3729- 3733) which prohibits the submission of false or
fraudulent claims for payment to the federal government. See DHS Standard Terms and Conditions: Version 8.1 (2018); and 31 U.S.C. §§ 3801 -3812, which details the administrative remedies for false claims and statements made. The non-Federal entity must include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract.

b. Applicability. FEMA recommends that the non -Federal entity include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract.

c. “The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.”

d. In the event FTA or DOT funding is used by a Participating Public Agency, Contractor further acknowledges U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, and apply to its actions pertaining to this Contract. Upon execution of the underlying Contract, Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to me made, pertaining to the underlying Contract or the FTA assisted project for which this Contract Work is being performed.

In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems appropriate.

Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA ��
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under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(1) on the Contractor, to the extent the Federal Government deems appropriate.

Contractor agrees to include the above clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

Offeror agrees to comply with all terms and conditions outlined in the FEMA Special Conditions section of this solicitation.

Offeror’s Name: ______________________________________________ Address, City, State, and Zip Code:
_____________________________________________________________________________ Phone Number: ________________________ Fax Number: ______________________________ Printed Name and Title of Authorized Representative:
____________________________________________________________ Email Address: _____________________________________________ Signature of Authorized Representative: ____________________________________ Date: ________________________________
Iron Brick Associates, LLC
362 Old Hollow Rd, Sperryville, VA 22740
703-288-3874
Peter Sirh, VP
[email protected]
10/7/2024
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Exhibit G
New Jersey Business Compliance

NEW JERSEY BUSINESS COMPLIANCE
Suppliers intending to do business in the State of New Jersey must comply with policies and procedures required under New Jersey statues. All offerors submitting proposals must complete the following forms specific to the State of New Jersey. Completed forms should be submitted with the offeror’s response to the RFP. Failure to complete the New Jersey packet will impact OMNIA Partners’ ability to promote the Master Agreement in the State of New Jersey.

DOC #1 Ownership Disclosure Form
DOC #2 Non-Collusion Affidavit
DOC #3 Affirmative Action Affidavit
DOC #4 Political Contribution Disclosure Form
DOC #5 Stockholder Disclosure Certification
DOC #6 Disclosure of Investment Activities in Iran
DOC #7 Certification of Non‐Involvement in Prohibited Activities in Russia or Belarus DOC #8 New Jersey Business Registration Certificate
DOC #9 EEOAA Evidence
DOC #10 MacBride Principals Form
New Jersey suppliers are required to comply with the following New Jersey statutes when applicable:
• all anti-discrimination laws, including those contained in N.J.S.A. 10:2-1 through N.J.S.A. 10:2- 14, N.J.S.A. 10:5-1, and N.J.S.A. 10:5-31 through 10:5-38; • Prevailing Wage Act, N.J.S.A. 34:11-56.26, for all contracts within the contemplation of the Act; • Public Works Contractor Registration Act, N.J.S.A. 34:11-56.26; and • Bid and Performance Security, as required by the applicable municipal or state statutes. ��
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DOC #1

STATEMENT OF OWNERSHIP DISCLOSURE
N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43) This statement shall be completed, certified to, and included with all bid and proposal submissions. Failure to submit the required information is cause for automatic rejection of the bid or proposal.

Name of Organization:_____________________________________________________ Organization Address:_____________________________________________________ Part I Check the box that represents the type of business organization:
Sole Proprietorship (skip Parts II and III, execute certification in Part IV) Non-Profit Corporation (skip Parts II and III, execute certification in Part IV) For-Profit Corporation (any type) Limited Liability Company (LLC) Partnership Limited Partnership Limited Liability Partnership (LLP) Other (be specific): ______________________________________________ Part II
 The list below contains the names and addresses of all stockholders in the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the case may be. (COMPLETE THE LIST BELOW IN THIS SECTION)
OR
 No one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no individual partner in the partnership owns a 10 percent or greater interest therein, or no member in the limited liability company owns a 10 percent or greater interest therein, as the case may be. (SKIP TO PART IV)
(Please attach additional sheets if more space is needed):

Name of Individual or Business Entity Home Address (for Individuals) or Business Address Iron Brick Associates, LLC
362 Old Hollow Rd, Sperryville, VA 22740
X
X
Kevin Murphy 3206 19th Street, Arlington, VA 22201
Zebulon Mellett 298 Rumstick Road, Barrington, RI 02806 2760 S Ocean Blvd. #314, Palm Beach, FL 33480Peter Sirh ��
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Part III DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS,

PARTNERS OR LLC MEMBERS LISTED IN PART II
If a bidder has a direct or indirect parent entity which is publicly traded, and any person holds a 10 percent or greater beneficial interest in the publicly traded parent entity as of the last annual federal Security and Exchange Commission (SEC) or foreign equivalent filing, ownership disclosure can be met by providing links to the website(s) containing the last annual filing(s) with the federal Securities and Exchange Commission (or foreign equivalent) that contain the name and address of each person holding a 10% or greater beneficial interest in the publicly traded parent entity, along with the relevant page numbers of the filing(s) that contain the information on each such person. Attach additional sheets if more space is needed.

Website (URL) containing the last annual SEC (or foreign equivalent) filing Page #’s Please list the names and addresses of each stockholder, partner or member owning a 10 percent or greater interest in any corresponding corporation, partnership and/or limited liability company (LLC) listed in Part II other than for any publicly traded parent entities referenced above. The disclosure shall be continued until names and addresses of every noncorporate stockholder, and individual partner, and member exceeding the 10 percent ownership criteria established pursuant to N.J.S.A. 52:25-24.2 has been listed. Attach additional sheets if more space is needed.

Stockholder/Partner/Member and Corresponding
Entity Listed in Part II
Home Address (for Individuals) or Business Address
Part IV Certification
I, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments thereto to the best of my knowledge are true and complete. I acknowledge: that I am authorized to execute this certification on behalf of the bidder/proposer; that the <name of contracting unit> is relying on the information contained herein and that I am under a continuing obligation from the date of this certification through the completion of any contracts with <type of contracting unit> to notify the <type of contracting unit> in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a material breach of my agreement(s) with the, permitting the <type of contracting unit> to declare any contract(s) resulting from this certification void and unenforceable.

Full Name (Print): Title:

Signature: Date:

DOC #2
Peter Sirh VP
10/7/2024
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DOC #3

AFFIRMATIVE ACTION AFFIDAVIT
(P.L. 1975, C.127)
Company Name:

Street:

City, State, Zip Code:

Proposal Certification:

Indicate below company’s compliance with New Jersey Affirmative Action regulations. Company’s proposal will be accepted even if company is not in compliance at this time. No contract and/or purchase order may be issued, however, until all Affirmative Action requirements are met.

Required Affirmative Action Evidence:

Procurement, Professional & Service Contracts (Exhibit A) Vendors must submit with proposal:

1. A phot ocopy of a valid letter that the contractor is operating under an existing Federally approved or sanctioned affirmative action program (good for one year from the date of the letter);
OR

2. A photocopy of a Certificate of Employee Information Report approval, issued in accordance with N.J.A.C. 17:27-4;
OR

3. A photocopy of an Employee Information Report (Form AA302) provided by the Division of Contract Compliance and Equal Employment Opportunity in Public Contracts and distributed to the public agency to be completed by the contractor in accordance with N.J.A.C. 17:27-4.

Public Work – Over $50,000 Total Project Cost:

A. No approved Federal or New Jersey Affirmative Action Plan. We will complete Report Form AA201. A project contract ID number will be assigned to your firm upon receipt of the completed Initial Project Workforce Report (AA201) for this contract.

B. Approved Federal or New Jersey Plan – certificate enclosed I further certify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief.
_______________________ _________________________________ Date Authorized Signature and Title
Iron Brick Associates, LLC
362 Old Hollow Rd
Sperryville, VA 22740
VP10/8/2024
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DOC #3, continued

P.L. 1995, c. 127 (N.J.A.C. 17:27)

MANDATORY AFFIRMATIVE ACTION LANGUAGE

PROCUREMENT, PROFESSIONAL AND SERVICE

CONTRACTS

During the performance of this contract, the contractor agrees as follows:

The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The c ontractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, sex, affectional or s exual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this non - discrimination clause.

The contractor or subcontractor, where applicable will, in all solicitations or advertisement for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation.

The contractor or subcontractor, where applicable, will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting office r advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of t he notice in conspicuous places available to employees and applicants for employment.

The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time and the Americans with Disabilities Act.

The contractor or subcontractor agrees to attempt in good faith to employ minority and female workers trade consistent with t he applicable county employment goal prescribed by N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time or in accordance with a binding determination of the applicable county employment goals determined by the Affirmative Action Office pursuant to N.J.A.C. 17:27 -5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time.

The contractor or subcontractor agrees to inform in writing appropriate recruitment agencies in the area, including employmen t agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and that it will discontinue the use of an y recruitment agency which engages in direct or indirect discriminatory practices.

The contractor or subcontractor agrees to revise any of it testing procedures, if necessary, to assure that all personnel tes ting conforms with the principles of job -related testing, as established by the statutes and court decisions of the state of New Je rsey and as established by applicable Federal law and applicable Federal court decisions.

The contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and lay-off to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, sex, affectio nal or sexual orientation, and conform with the applicable employment goals, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.

The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as may b e requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Affirmative Action Office for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code (NJAC 17:27).

________________________________________________
Signature of Procurement Agent
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DOC #4
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Public Agency Instructions
This page provides guidance to public agencies entering into contracts with business entities that are required to file Polit ical Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What follows are instructions on the use of form local units can provide to contractors that are required to disclose political contributions pursuant to N.J.S.A. 19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in Local Finance Notice 2006 -1 (http://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html). Please refer back to these instructions for the appropriate links, as the Local Finance Notices include links that are no longer operational.

1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and open” process (N.J.S.A. 19:44A-20.7).

2. Due to the potential length of some contractor submissions, the public agency should consider allowing data to be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the contract documents or in an appropriate computer file and be available for public access. The form is worded to accept this alternate submission.

The text should be amended if electronic submission will not be allowed.

3. The submission must be received from the contractor and on file at least 10 days prior to award of the contract. Resolutions of award should reflect that the disclosure has been received and is on file.

4. The contractor must disclose contributions made to candidate and party committees covering a wide range of public agencies, including all public agencies that have elected officials in the county of the public agency, state legislative positions, an d various state entities. The Division of Local Government Services recommends that contractors be provided a list of the affected agencies. This will assist contractors in determining the campaign and political committees of the officials and candidates affected by the disclosure.
a. The Division has prepared model disclosure forms for each county. They can be downloaded from the “County PCD Forms” link on the Pay -to-Play web site at http://www.nj.gov/dca/divisions/dlgs/programs/lpcl.html#12 . They will be updated from time-to-time as necessary.
b. A public agency using these forms should edit them to properly reflect the correct legislative district (s). As the forms are county-based, they list all legislative districts in each county. Districts that do not represent the public agency should be removed from the lists.
c. Some contractors may find it easier to provide a single list that covers all contributions, regardless of the county. These submissions are appropriate and should be accepted.
d. The form may be used “as-is”, subject to edits as described herein. e. The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended that the Instructions and the form be printed on the same piece of paper. The form notes that the Instructions are printed on the back of the form; where that is not the case, the text should be edited accordingly. f. The form is a Word document and can be edited to meet local needs, and posted for download on web sites, used as an e-mail attachment, or provided as a printed document.

5. It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will assist the local unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees listed on the Business Entity Disclosure Certification in the 12 months prior to the contract (See Local Finance Notice 2006 -7 for additional information on this obligation at http://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html). A sample Certification form is part of this package and the instruction to complete it is included in the Contractor Instructions. NOTE: This section is not applicable to Boards of Education.
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DOC #4, continued

C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM

Contractor Instructions

Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair and open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c. 271, s.2 ( N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the contractor shall disclose contributions to:

• any State, county, or municipal committee of a political party • any legislative leadership committee*
• any continuing political committee (a.k.a., political action committee) • any candidate committee of a candidate for, or holder of, an elective office:
o of the public entity awarding the contract
o of that county in which that public entity is located o of another public entity within that county
o or of a legislative district in which that public entity is located or, when the public entity is a county, of any legislative district which includes all or part of the county

The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and 19:44A-16 for more details on reportable contributions.

N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not a natural person. This includes the following:
• individuals with an “interest” ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in the case of a business entity that is a corporation for profit • all principals, partners, officers, or directors of the business entity or their spouses • any subsidiaries directly or indirectly controlled by the business entity • IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the business entity and filing as continuing political committees, (PACs).

When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith, shall be deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must be listed on the disclosure.

Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC in an amou nt to be determined by the Commission which may be based upon the amount that the business entity failed to report.

The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s responsibility to identify the specific committees to which contributions may have been made and need to be disclosed. The disclosed information may exceed the minimum requirement.

The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the Open Public Records Act.

The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in meeting its obligations under the law. NOTE: This section does not apply to Board of Education contracts.

* N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A -10.1) for the purpose of receiving contributions and making expenditures.”
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Version June 26, 2024
DOC #4, continued
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant to N.J.S.A. 19:44A-20.26
This form or its permitted facsimile must be submitted to the local unit no later than 10 days prior to the award of the contract.

Part I – Vendor Information
Vendor Name:

Address:

City: State: Zip:

The undersigned being authorized to certify, hereby certifies that the submission provided herein represents compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this form.
_______________________ _______________________ ________________________ Signature Printed Name Title
Part II – Contribution Disclosure
Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of the government entities listed on the form provided by the local unit.  Check here if disclosure is provided in electronic form Contributor Name Recipient Name Date Dollar Amount
$
 Check here if the information is continued on subsequent page(s) Iron Brick Associates, LLC
362 Old Hollow Rd
Sperryville VA 22740
Peter Sirh VP
None
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Version June 26, 2024
DOC #4, continued
List of Agencies with Elected Officials Required for Political Contribution Disclosure N.J.S.A. 19:44A-20.26
County Name:

State: Governor, and Legislative Leadership Committees
Legislative District #s:

State Senator and two members of the General Assembly per district.

County:

Freeholders County Clerk Sheriff
{County Executive} Surrogate
Municipalities (Mayor and members of governing body, regardless of title):

USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD

FROM THE PAY TO PLAY SECTION OF THE DLGS WEBSITE A
COUNTY-BASED, CUSTOMIZABLE FORM.

None
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DOC#S
STOCKHOLDER DISCLOSURE CERTD1CATION
Name of Business:

DI I certify that the list below contains the names and home addresses of all stockholders holding 10% or more of the issued and outstanding stock of the undersigned.

OR
[] I certify � no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned.

Cheek the box that represents the type of business organization:
[]Partnership Ccorporation []Sole Proprietorship
CLimited_Partnership l!umited Liability Corporation
[] Subchapter S Corporation
[]Limited Liability Partnership
Sign and notarize the form below, and, if necessary, complete the stockholder·list below.

Stnckholders:

Name: Kevin Murphy
Home Address: 3206 19th St N
Arlington, VA
22201
Name: Peter Sirh
Home Address: 2760 S Ocean Blvd #314
Palm Beach, FL 33480
Name:

Home Address:

Name: Zebulon Mellett
Home Address: 298 Rumstick Rd
Barrington, RI
02806
Name:

Home Address:

Name:

Home Address:

Subscn¥ and sworn before me this 1t day of 0�--hJ,o�
2�., (Affia:nt)
12&:S� 1/P
(Print name & title of affiant) )
rate Seal
Version June 26. 2024
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Version June 26, 2024
DOC #6

DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN FORM

STATE OF NEW JERSEY

DEPARTMENT OF THE TREASURY - DIVISION OF PURCHASE AND PROPERTY 33 WEST STATE STREET, P.O. BOX 230 TRENTON, NEW JERSEY 08625-0230 BID SOLICITATION # AND TITLE: ______________________________________________________________________ VENDOR NAME: ____________________________________________________________________________________ Pursuant to N.J.S.A. 52:32-57, et seq. (P.L. 2012, c.25 and P.L. 2021, c.4) any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must certify that neither the person nor entity, nor any of its parents, subsidiaries, or affiliates, is identified on the New Jersey Department of the Treasury’s Chapter 25 List as a person or entity engaged in investment activities in Iran. The Chapter 25 list is found on the Division’s website at https://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf. Vendors/Bidders must review this list prior to completing the below certification. If the Director of the Division of Purchase and Property finds a person or entity to be in violation of the law, s/he shall take action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party.

Entity Engaged in Investment Activities
Relationship to Vendor/ Bidder
Description of Activities
Duration of Engagement
Anticipated Cessation Date
*Attach Additional Sheets If Necessary.

CERTIFICATION
I, the undersigned, certify that I am authorized to execute this certification on behalf of the Vendor, that the foregoing information and any attachments hereto, to the best of my knowledge are true and complete. I acknowledge that the State of New Jersey is relying on the information contained herein, and that the Vendor is under a continuing obligation from the date of this certification through the completion of any contract(s) with the State to notify the State in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification. If I do so, I may be subject to criminal prosecution under the law, and it will constitute a material breach of my contract(s) with the State, permitting the State to declare any contract(s) resulting from this certification void and unenforceable. ____________________________________ ________________________________ Signature Date
_____________________________________________________
Print Name and Title
DPP Rev. 12.13.2021

CHECK THE APPROPRIATE BOX
I certify, pursuant to N.J.S.A. 52:32-57, et seq. (P.L. 2012, c.25 and P.L. 2021, c.4), that neither the Vendor/Bidder listed above nor any of its parents, subsidiaries, or affiliates is listed on the New Jersey Department of the Treasury’s Chapter 25 List of entities determined to be engaged in prohibited activities in Iran.

OR
I am unable to certify as above because the Vendor/Bidder and/or one or more of its parents, subsidiaries, or affiliates is listed on the New Jersey Department of the Treasury’s Chapter 25 List. I will provide a detailed, accurate and precise description of the activities of the Vendor/Bidder, or one of its parents, subsidiaries or affiliates, has engaged in regarding investment activities in Iran by completing the information requested below.

________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
Omnia EFP 24-S918 Cloud Solutions for HR
Iron Brick Associates, LLC
X
Peter Sirh, VP
10/7/2024
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Version June 26, 2024
DOC #7

CERTIFICATION OF NON-INVOLVEMENT IN PROHIBITED ACTIVITIES IN RUSSIA OR BELARUS Pursuant to N.J.S.A. 52:32-60.1, et seq. (L. 2022, c. 3) any person or entity (hereinafter “Vendori”) that seeks to enter into or renew a contract with a State agency for the provision of goods or services, or the purchase of bonds or other obligations, must complete the certification below indicating whether or not the Vendor is identified on the Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, available here:
https://sanctionssearch.ofac.treas.gov/. If the Department of the Treasury finds that a Vendor has made a certification in violation of the law, it shall take any action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party.

I, the undersigned, certify that I have read the definition of “Vendor” below, and have reviewed the Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, and having done so certify:
(Check the Appropriate Box)
A. That the Vendor is not identified on the OFAC Specially Designated Nationals and Blocked Persons list on account of activity related to Russia and/or Belarus.

OR
B. That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially Designated Nationals and Blocked Persons list on account of activity related to Russia and/or Belarus.

OR
C.

That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially Designated Nationals and Blocked Persons list. However, the Vendor is engaged in activity related to Russia and/or Belarus consistent with federal law, regulation, license or exemption. A detailed description of how the Vendor’s activity related to Russia and/or Belarus is consistent with federal law is set forth below.
(Attach Additional Sheets If
Necessary.)
Signature of Vendor’s Authorized Representative Date
Print Name and Title of Vendor’s Authorized Representative Vendor’s FEIN Vendor’s Name Vendor’s Phone Number
Vendor’s Address (Street Address) Vendor’s Fax Number
Vendor’s Address (City/State/Zip Code) Vendor’s Email Address i Vendor means: (1) A natural person, corporation, company, limited partnership, limited liability partnership, limited liabili ty company, business association, sole proprietorship, joint venture, partnership, society, trust, or any other nongovernmental entity, organization, or group; (2) Any governmental entity or instrumentality of a government, including a multilateral development institution, as defined in Section 1701(c)(3) of the International Financial Institutions Act, 22 U.S.C. 262r(c)(3); or (3) An y parent, successor, subunit, direct or indirect subsidiary, or any entity under common ownership or control with, any entity described in paragraph (1) or (2). NJ Rev. 1.22.2024 X
10/7/2024
Peter Sirh, VP 20-4737033
Iron Brick Associates, LLC 703-288-3874
362 Old Hollow Rd
Sperryville, VA 22740 [email protected]
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DOC #8

NEW JERSEY BUSINESS REGISTRATION CERTIFICATE
(N.J.S.A. 52:32-44)

Offerors wishing to do business in New Jersey must submit their State Division of Revenue issued Business Registration Certificate with their proposal here. Failure to do so will disqualify the Offeror from offering products or services in New Jersey through any resulting contract.

https://www.njportal.com/DOR/BusinessRegistration/

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DOC #9

EEOAA EVIDENCE

Equal Employment Opportunity/Affirmative Action
Goods, Professional Services & General Service Projects

EEO/AA Evidence

Vendors are required to submit evidence of compliance with N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 in order to be considered a responsible vendor.

One of the following must be included with submission:

• Copy of Letter of Federal Approval
• Certificate of Employee Information Report
• Fully Executed Form AA302
• Fully Executed EEO-1 Report

See the guidelines at:
https://www.state.nj.us/treasury/contract_compliance/documents/pdf/guidelines/pa.pdf for further information.

I certify that my bid package includes the required evidence per the above list and State website.

Name: ______________________________ Title: _____________________

Signature: ___________________________ Date: _____________________

Peter Sirh VP
10/8/2024
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DOC #10

MACBRIDE-PRINCIPLES

STATE OF NEW JERSEY

DEPARTMENT OF THE TREASURY - DIVISION OF PURCHASE
AND PROPERTY 33 WEST STATE STREET, P.O. BOX 230 TRENTON, NEW JERSEY 08625-0230
BID SOLICITATION # AND TITLE: __________________________________________________________ VENDOR NAME: _______________________________________________________________________ Pursuant to Public Law 1995, c. 134, a responsible Vendor/Bidder is required to provide a certification in compliance with the MacBride Principles and Northern Ireland Act of 1989. Pursuant to N.J.S.A. 52:34-12.2, Vendor/Bidder must complete the certification below by checking one of the two options listed below and signing where indicated. If a Vendor/Bidder that would otherwise be awarded a purchase, contract or agreement does not complete the certification, then the Director may determine, in accordance with applicable law and rules, that it is in the best interest of the State to award the purchase, contract or agreement to another Vendor/ Bidder that has completed the certification and has submitted a bid within five (5) percent of the most advantageous bid. If the Director finds contractors to be in violation of the principles that are the subject of this law, he/she shall take such action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party.

I, the undersigned, on behalf the Vendor/Bidder, certify pursuant to N.J.S.A. 52:34-12.2 that:

CHECK THE APPROPRIATE BOX
The Vendor/Bidder has no business operations in Northern Ireland; or OR
The Vendor/Bidder will take lawful steps in good faith to conduct any business operations it has in Northern Ireland in accordance with the MacBride principles of nondiscrimination in employment as set forth in section 2 of P.L. 1987, c. 177 (N.J.S.A. 52:18A-89.5) and in conformance with the United Kingdom’s Fair Employment (Northern Ireland) Act of 1989, and permit independent monitoring of its compliance with those principles.

Signature Date
Print Name and Title
DPP Rev. 12.13.2021
Omnia RFP 24-S918 Cloud Solutions for HR
Iron Brick Associates, LLC
X
Peter Sirh, VP
10/7/2024
��
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Currency: USDSummary
Printed By:Lorie Parker
Date Printed:10/30/2024

LIVE REPORT

ACTIVEHEADQUARTERS

IRON BRICK ASSOCIATES, LLC
Tradestyle(s):IRONBRICK
D-U-N-S Number: 78-386-2217
Phone: +1 703 288 3874 Address: 362 Old Hollow Rd, Sperryville, VA, 22740, UnitedStates Of America Web: www.ironbrick.com
Endorsement: [email protected]
Exclude from Portfolio Insight: No
Folders: All Companies
KEY DATA ELEMENTS (Formerly: SCORE BAR)
KDE Name Current Status Details
PAYDEX®  80 Pays on time
Delinquency Score  75 Low to Moderate Risk of severe
payment delinquency.

Failure Score  69 Low to Moderate Risk of severe
financial stress.

D&B Viability Rating 4 5 B I View More Details
Bankruptcy Found N
D&B Rating -- Undetermined.

COMPANY PROFILE

D-U-N-S
78-386-2217
Legal Form
Unknown
History Record
Clear
Date Incorporated
04/21/2006
State of Incorporation

VIRGINIA
Ownership
Not publicly traded
Mailing Address

UNITED STATES
Telephone
+1 703 288 3874
Website
www.ironbrick.com
Present Control Succeeded
2006
Employees
30 Age (Year Started)
19Years(2006)
Named Principal
Kevin P Murphy, CEO
Line of Business
Mfg electronic computers
SIC
3571
NAICS
334111
Street Address:
362 Old Hollow Rd,
Sper ryville, V A, 22740,
United States Of America
��

HIGH MODERATE-HIGH MODERATE LOW-MODERATE LOW
Dun & Bradstreet thinks...

MAXIMUM CREDIT RECOMMENDATION
70,000 (USD)
The recommended limit is based on a moderately low probability of severe delinquency.

OVERALL BUSINESS RISK
Overall assessment of this organization over the next 12 months:Stable Condition Based on the predicted risk of business discontinuation:Likelihood Of Continued Operations Based on the predicted risk of severely delinquent payments: Low Potential For Severely Delinquent Payments D&B MAX CREDIT RECOMMENDATION
FAILURE SCORE (Formerly Financial Stress Score)
Company's Risk Level

LOW-MODERATE
Probability of failure over the next 12 months

0.14 %
69 High Risk (1) Low Risk (100)
Past 12 Months
Low Risk
High Risk
DELINQUENCY SCORE (Formerly Commercial Credit Score)
Company's Risk Level

LOW-MODERATE
Probability of delinquency over the next 12 months

3.22 %
75 High Risk (1) Low Risk (100)
Past 12 Months
Low Risk
High Risk
��
Viability Score
Data Depth Indicator
Portfolio Comparison

No SBRI Origination Score data is currently available.

No D&B SBFE Score data is currently available.

VIABILITY RATING SUMMARY
4 High Risk (9) Low Risk (1)
B
Descriptive (G) Predictive (A)
5 High Risk (9) Low Risk (1)
Financial Data Unavailable
Trade Payments Available: 3+Trade
Company Size Medium: Employees: 10-49 or Sales:
$100K-$499K
Years in Business Established
D&B PAYDEX®
80 High Risk (1) Low Risk (100)
0 pays on time
Past 24 Months
Low Risk
High Risk
D&B PAYDEX - 3 MONTHS

UNDETERMINED
PAYDEX® TREND CHART 

SBRI ORIGINATION

D&B SBFE SCORE
��
Total Amount Current and Past Due -
D&B RATING
Current Rating as of 04/19/2021Special Rating
-- : Undetermined
Events Occurrences Last Filed
Bankruptcies 0 -
Judgements 0 -
Liens 0 -
Suits 0 -
UCC 8 07/25/2024

LEGAL EVENTS
DETAILED TRADE RISK INSIGHT™
3 Months
From to
High Risk (120+) Low Risk (0)
DETAILED TRADE RISK INSIGHT™ 13 MONTH TREND
Balance Sheet Amount Last 2 Years
Total Current Assets 16,238,851 (USD)
Total Assets 16,348,980 (USD)
Total Current Liabilities 12,898,155 (USD)
Working Capital/Net Current Assets 3,340,696 (USD)

FINANCIAL OVERVIEW - BALANCE SHEET
[1] [2]

1. Fiscal 12/31/2017

2. (In Single Units)
Source: D&B
Highest Past Due:
0 Highest Now Owing0
Total Trade Experiences3
Largest High Credit90,000

TRADE PAYMENTS
��

No Data Available

FINANCIAL OVERVIEW - PROFIT AND LOSS

OWNERSHIP
Subsidiaries
-
Branches
1 Total Members
2 This company is a Global Ultimate, Domestic Ultimate, Headquarters.

Global Ultimate Domestic Ultimate
Name Iron Brick Associates, LLCIron Brick Associates, LLC Country United States United States
D-U-N-S 78-386-2217 78-386-2217
Others - -
Key Business Ratios Business Ratio
Sales to Net Working Capital 22.4
Quick Ratio 1.2
Current Ratio 1.3
Current Liabilities / Net Worth 373.8

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EXCEPTIONS Exhibit A Response of National Cooperative Contract Exceptions: 1.2 Marketing, Sales and Administrative Support Suppliers are required to pay an Administrative Fee of 3% of the greater of the Contract Sales under the Master Agreement and Guaranteed Contract Sales under this Request for Proposal. Supplier will be required to execute the OMNIA Partners Administration Agreement (Exhibit B). At Supplier’s option, Suppliers may pay additional fees beyond administrative fees, such as technology fees, to OMNIA Partners and/or a third party for additional support and/or access to OMNIA Partners’ technology platform. While we are confident that the contract will be successful and an attractive platform for Participating Public Agencies, Iron Brick takes exception to the Administrative Fee paragraph. Iron Brick does not guarantee minimum sales, we agree to pay administration fees based on actual sales against the Master Agreement. Section III. Instructions to Suppliers, RFP Page 8 Proposed Changes: Additional Agreements. If a supplier requires an additional agreement, a copy of the proposed agreement must be included with the proposal referenced within the proposal. Rationale: Iron Brick is offering many manufacturers. We propose to allow for the current version of the referenced additional agreements to be the one used for individual procurement opportunities on a case-by-case basis, since manufacturer license agreements, service agreements, SLAs, warranty statements, etc., will be updated from time to time and the updated versions may include changes that benefit the end customer. Iron Brick is also contractually obligated to ensure all customers acquiring the manufacturer’s products and services are subject to a valid agreement. Furthermore, this language shall be interpreted as having the Additional Agreements deemed to be Manufacturer Terms and Conditions. ��
Section IV. Region 14 – Terms and Conditions, RFP Page 10 Proposed Changes: Audit Rights. Supplier shall, at its sole expense, maintain appropriate due diligence of all purchases made by Region 14 ESC and any entity that utilizes this contract. Region 14 ESC reserves the right to audit the accounting for a period of four (4) years from the time such purchases are made. This audit right shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. Region 14 ESC shall have the authority to conduct random audits of supplier’s pricing at Region 14 ESC's sole cost and expense. Notwithstanding the foregoing, in the event that Region 14 ESC is made aware of any pricing being offered that is materially inconsistent with the pricing under this agreement, Region 14 ESC shall have the ability to conduct an extensive audit of supplier’s pricing at supplier’s sole cost and expense; provided that for purposes of this section “materially inconsistent” shall mean pricing errors are found in more than seven percent (7%) of orders. Region 14 ESC may conduct the audit internally or may engage a third-party auditing firm, which shall required to execute a Non-Disclosure Agreement with supplier. In the event of an audit, the requested materials shall be provided in the format and at the time and at the location mutually agreed upon designated by Region 14 ESC and supplier. Rationale: Iron Brick proposes these changes in order to clarify what is material, as well as to protect sensitive information. Indemnity. The awarded supplier shall protect, indemnify, and hold harmless Region 14 ESC and its participants, administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the supplier, supplier employees or supplier subcontractors in the preparation of the solicitation and the later execution of the contract; provided that with respect to the later execution of the contract the applicable indemnification and limitation of liability provisions in the Manufacturer Terms and Conditions would apply and control. Rationale: Iron Brick proposes this change because all indemnification and limitation of liability provisions for the items provided under the contract will be in accordance with the applicable Manufacturer Terms and Conditions. Insurance. Certificates of insurance shall be delivered to a public agency requesting them prior to commencement of work. The insurance company shall be licensed in the applicable state in which work is being conducted. The awarded supplier shall give the participating entity a minimum of ten (10) thirty (30) days’ notice prior to any modifications or cancellation of policies. The awarded supplier shall require all subcontractors performing any work to maintain coverage as specified. Rationale: Iron Brick proposes this change due to being contractually obligated to ensure product and services offered in delivery are subject to the applicable manufacturer’s terms and conditions. Termination. Notwithstanding the following subsection, for purposes of clarification, the termination provisions of the Manufacturer Terms and Conditions shall control with respect to termination rights ��
regarding the delivery of items under this contract, including, but not limited to any right to reimbursement. This contract may be terminated at any time by mutual written consent, or by Region 14 ESC, with or without cause, upon giving thirty (30) days written notice. Region 14, at its convenience, by written notice, may terminate this contract, in whole or in part. If this contract is terminated, Region 14 ESC shall be liable only for payment under the payment provisions of this contract for services rendered and accepted material received by Region 14 ESC before the effective date of termination. Region 14 ESC reserves the right to terminate the whole or any part of this Contract due to the failure of the supplier to carry out any term or condition of the contract. Region 14 will issue a written ten (10) day notice of default to the supplier for acting or failing to act as specified in any of the following: in the opinion of Region 14 ESC, the supplier provides personnel that do not meet the requirements of the contract; In the opinion of Region 14 ESC, the supplier fails to perform adequately the stipulations, conditions or services/specifications required in this contract; in the opinion of Region 14 ESC, the supplier attempts to impose personnel, materials, products or workmanship of an unacceptable quality; the supplier fails to furnish the required service and/or product within the time stipulated in the contract; in the opinion of Region 14 ESC, the supplier fails to make progress in the performance of the requirements of the contract; the supplier gives Region 14 ESC a positive indication that the supplier will not or cannot perform to the requirements of the contract. Rationale: Iron Brick proposes this addition to the beginning of this section because Iron Brick is contractually obligated by the applicable manufacturer to ensure all customers acquiring the manufacturer’s products and services are subject to the manufacturer’s applicable terms and conditions, including, but not limited to termination rights. Moreover, Iron Brick is only able to comply with provisions concerning the use if the products and services to the extent that the applicable manufacturer will comply as set forth in the applicable manufacturer’s terms and conditions. Order of Precedence. In the event of a conflict in the provisions of the contract as accepted by Region 14 ESC, the following order of precedence shall prevail: i) This contract, except the “Manufacturer Terms and Conditions” (as defined hereinafter) shall prevail where there is a conflict. “Manufacturer Terms and Condition” means the specific, applicable manufacturer terms and conditions, including, but not limited to license agreements, service agreements, SLAs, warranty statements, etc., which are current as of the date of the supplier’s proposal but are subject to change. The then-current version of the applicable Manufacturer Terms and Conditions shall apply at the time of purchase and will be provided to Region 14 ESC or the applicable Participating Public Agency. Rationale: Iron Brick proposes these changes because Iron Brick is contractually obligated by the applicable manufacturer to ensure all customers acquiring the manufacturer’s products and services are subject to the manufacturer’s applicable terms and condition. Additionally, Iron Brick is only able to comply with provisions concerning the products and services to the extent that the applicable manufacturer will comply as set forth in the applicable manufacturer’s terms and conditions. ��

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:Manuel Acosta, Community Development Director
SUBJECT:Consideration of Adoption of Ordinance No. 967 Amending Chapter 16.40 (Fireworks) of Title 16 (Health and Safety) of the Bell Gardens Municipal Code to Permit the Sale, Use, and Discharge of Safe and Sane Fireworks DATE:May 11, 2026
RECOMMENDATION:

It is Staff’s recommendation that the City Council waive full reading and adopt Ordinance No. 967 amending certain sections of Chapter 16.40 (Fireworks) of Title 16 (Health and Safety) of the Bell Gardens Municipal Code.

BACKGROUND/DISCUSSION:

On April 27, 2026, the City Council waived full reading and introduced Ordinance No. 967, by title only, amending certain sections of Chapter 16.40 (Fireworks) of Title 16 (Health and Safety) of the Bell Gardens Municipal Code with a vote of 3-2.

CONCLUSION:

If adopted, Ordinance No. 967 would become effective 30 calendar days after approval.

Ordinance No. 967 allows the sale, use, and discharge of Safe and Sane Fireworks. Staff recommend that the City Council waive full reading and adopt Ordinance No. 967.

FISCAL IMPACT:

No fiscal impact.

APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services ��
ORDINANCE NO. 967

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, AMENDING SECTION 16.40 (FIREWORKS) OF TITLE 16 (HEALTH AND SAFETY) OF THE BELL GARDENS

MUNICIPAL CODE TO PERMIT THE SALE, USE, AND DISCHARGE OF

SAFE AND SANE FIREWORKS
WHEREAS, the City of Bell Gardens (“City”) is a general law city, incorporated under the laws of the State of California; and
WHEREAS, California Constitution Article XI, Section 7, enables cities to make and enforce local regulations; and
WHEREAS, amendments to Title 16 (Health and Safety) of the Bell Gardens Municipal Code are necessary to facilitate the sale, use, and discharge of Safe and Sane fireworks, clarifying eligibility, permitting procedures, and all other relevant standards pertaining to the sale, use, and discharge of fireworks; and WHEREAS, a public hearing notice was posted at City Hall, John Anson Ford Park, Veterans Park, the Department of Public Works, and published in the Bell Gardens Review newspaper on April 16, 2026; and
WHEREAS, pursuant to California Government Code sections 65854 and 65090, the City Council conducted a duly noticed public hearing on April 27, 2026.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The Recitals set forth above are true and correct and incorporated into this Ordinance.

SECTION 2. Section 16.40 (FIREWORKS) of Title 16 (Health and Safety) of the Bell Gardens Municipal Code is hereby amended as set forth in Section 3 through Section 12 of this Ordinance, with added language indicated by underline and deleted language indicated by strikethrough.

SECTION 3. Section 16.40.010 (Prohibition of safe and sane fireworks.) of Title 16 (Health and Safety) of the Bell Gardens Municipal Code is hereby amended as follows:
§ 16.40.010 Prohibition of safe and sane fireworks. Sale, use, and discharge of Safe and Sane fireworks.

The sale, use, and discharge of “Safe and Sane” fireworks is permitted prohibited within the city, and shall be governed by the procedures set forth in this chapter. ��
Ordinance No. 967
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Notwithstanding the preceding Nothing in this chapter shall prohibit, city- sponsored public displays of fireworks by a licensed pyrotechnic operator, under the supervision of the fire chief and authorized by the city council, in commemoration or celebration of significant public events or occasions., are permitted.

SECTION 4. Section 16.40.020 (Dangerous Fireworks) of Title 16 (Health and Safety) of the Bell Gardens Municipal Code is hereby amended as follows:
§ 16.40.020 Dangerous fireworks. Adoption of health and safety code.

The provisions of California Health and Safety Code Sections 12500-12726 are hereby adopted by, except where the provisions of this chapter impose more stringent requirements, then the provisions of this chapter shall control.

SECTION 5. Section 16.40.030 (Prohibited conduct.) of Title 16 (Health and Safety) of the Bell Gardens Municipal Code is hereby amended as follows:
§ 16.40.030 Prohibited conduct. Definitions.

For the purposes of this chapter, the terms used herein shall have the same meanings set forth in California Health and Safety Code Sections 12500-12534, except as otherwise defined in this chapter.

SECTION 6. Section 16.40.040 (Violation of the code is a misdemeanor.) of Title 16 (Health and Safety) of the Bell Gardens Municipal Code is hereby amended as follows:
§ 16.40.040 Violation of the code is a misdemeanor. Dangerous fireworks.

No fireworks shall be sold, offered for sale, or discharged within the city which are classified as dangerous fireworks, as that term is defined by the Health and Safety Code.

SECTION 7. Section 16.40.050 (Administrative fines and penalties.) of Title 16 (Health and Safety) of the Bell Gardens Municipal Code is hereby amended as follows:
§ 16.40.050 Administrative fines and penalties. Type and time. “Safe and Sane” fireworks, as approved by the State Fire Marshal, may only be discharged within city boundaries between the hours of 3:00 p.m. and 10:00 p.m. on July Fourth. It shall be unlawful to discharge fireworks at any other time or date of the year. Nothing in this section shall be construed to prohibit displays ��
Ordinance No. 967
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conducted by licensed pyrotechnic operators with appropriate permits issued by the city.

SECTION 8. Section 16.40 (FIREWORKS) of the Bell Gardens Municipal Code of Title 16 (Health and Safety) of the Bell Gardens Municipal Code is hereby amended to add new sections as follows:
§ 16.40.060 Use of Safe and Sane fireworks.

A.The discharge of "Safe and Sane" fireworks shall be conducted under the direct supervision of a responsible adult, who is at least 18 years of age.

B.No person under the age of 18 shall possess fireworks of any kind within city boundaries. Possession of any fireworks by any person under the age of 18 is a violation of this chapter.

C.The transfer or sale of fireworks by any person not licensed under this chapter is prohibited.
§ 16.40.070 Misuse.

A.No person shall possess or discharge fireworks classified as “dangerous fireworks,” as that term is defined by the Health and Safety Code.

B.No person shall alter "Safe and Sane" fireworks or discharge them in a manner contrary to their intended use, as designated by the State Fire Marshal.

C.Any fireworks possessed in violation of this section shall be immediately confiscated by the Police Department and properly disposed of in accordance with applicable law. All costs of confiscation and disposal shall be borne by the violator and be subject to the penalties set forth in BGMC § 16.40.170.

SECTION 9. Section 16.40.030 (Prohibited conduct.) of Title 16 (Health and Safety) of the Bell Gardens Municipal Code is hereby renumbered to Section 16.40.080, amending subsection “C,” and including new subsections “E,” “F,” “G” and “H” as follows:

C.Any person who discharges, lights, explodes, detonates, or otherwise fires, ignites, or causes the explosion or detonation of any kind of fireworks outside of the times specified in this chapter within the city shall be in violation of this chapter.

E.No person under age of 18 shall discharge, light, explode, detonate, or otherwise ignite fireworks of any kind within the city.

F.No person shall discharge any fireworks upon any city property, park, or public right-of-way without a valid permit.
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Ordinance No. 967
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G.No person shall store, offer for sale, display for sale, or sell at retail any fireworks within the city without a valid permit.

H.The storage of explosives and blasting agent materials within the city is prohibited.

SECTION 10. Section 16.40 (FIREWORKS) of Title 16 (Health and Safety) of the Bell Gardens Municipal Code is hereby amended to include new sections as follows:
§ 16.40.090 Applications for and award of seller’s permits.

Applications for seller’s permits and award of such permits shall be governed by the provisions of this chapter and shall further be subject to other provisions of the city or codes adopted by reference.
§16.40.100 Prerequisites to issuance of seller’s permits.

The following qualifications shall be met each year by each applicant for a seller’s permit for fireworks:

A. Permits may be issued only to nonprofit organizations primarily focused on services for education, youth sports, religion, veteran, patriotic, welfare, civic betterment, or charitable purposes, which hold a valid tax-exempt certificate pursuant to the Revenue and Taxation Code of the State of California.

Approval of applications shall adhere to the provisions of BGMC § 16.40.120.

B.Each applicant organization shall maintain its principal and permanent meeting place within the city, shall have been organized and established in the city for a minimum of one year prior to the date of the application, and shall have a bona fide membership of at least 10 members.

C.No employee organization of the city shall be eligible for a seller’s permit.

D.Completed applications for fireworks seller’s permits shall be submitted to the Community Development Department no later than June 15 of the calendar year in which the sales are to occur.

E.Each applicant shall submit a signed written agreement with a licensed fireworks distributor.

F.Organizations issued a seller’s permit under this chapter shall obtain a temporary sales permit from the California Department of Tax and Fee Administration.
§ 16.40.110 Financial Statements.
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Ordinance No. 967
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A.A financial statement signed by the treasurer or financial officer of the applicant setting forth the total gross receipts from each stand from which fireworks were sold, all expenses incurred and paid in connection with the purchase of fireworks and the sale thereof, and to whom and for what purpose the net proceeds were disbursed, along with the most recent report filed by the applicant to the California Department of Tax and Fee Administration, shall be filed with the Community Development Department. The financial statement must be submitted no later than January 1 of the calendar year following the July 4th holiday during which the sales occurred.

B.Failure to submit such financial statements shall disqualify the applicant and organization from obtaining a future seller’s permit, until such time that the financial statements are submitted to the community Development Department. § 16.40.120 Issuance of seller’s permits.

A.No single organization shall receive more than one seller’s permit for fireworks sales during any one calendar year. This limitation shall not apply to organizations that have separate charters from their parent organizations. The total number of seller’s permits issued pursuant to this chapter shall not exceed three (3) per calendar year.

B.Seller’s permits shall be awarded annually through a lottery drawing conducted on the third Thursday of June. Applicants must be present at the time and place of the lottery drawing. Failure to attend the lottery drawing shall result in the denial of the seller’s permit application.
(1) The City shall conduct up to three (3) separate and distinct lottery drawings per calendar year. Each accepted application shall be assigned by the Community Development Director to one of the following categories based on the nature of the organization, and each category shall have its own independent lottery drawing:
a. Category 1: Public and Private School Organizations, clubs, and affiliated sports organizations.
b. Category 2: Religious institutions and their affiliated clubs or organizations.
c. Category 3: All other non-profit organizations.

C.Any organization found to have violated the Bell Gardens Municipal Code or any other fireworks-related provisions shall be ineligible for a seller’s permit in the following calendar year.
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Ordinance No. 967
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§ 16.40.130 Approval of location of fireworks sales stands.

Prior to the installation of any fireworks stand for which a permit has been requested, the Chief of Police and Director of Public Works shall have the authority to disapprove the location if, in his or her opinion, a traffic hazard will be created; the Community Development Director shall have the authority to disapprove the location if, in his or her opinion, a fire hazard will be created; and the Community Development Director shall have the authority to disapprove the location if it is in conflict with the zoning provisions of this Code.

A.Fireworks stands may be permitted on properties located within any commercial zone (M-U, C-S, C-3, C-4, and C-M) and along Gage Avenue, Garfield Avenue, Florence Avenue, and Eastern Avenue.

Religious organizations awarded a seller’s permit may use their own property, and such property shall be exempt from zoning restrictions when located along Gage Avenue, Garfield Avenue, Florence Avenue, and Eastern Avenue. § 16.40.140 Operation of fireworks sales stands.

It shall be unlawful for any person or group to operate a fireworks stand without complying with all of the following:

A.No person other than the approved organization shall operate the fireworks stand for which the seller’s permit is issued or share or otherwise participate in the profits of the operation of such stand.

B.No person other than the individuals who are adult members of the permitted organization, spouses, or adult children of such members, shall sell or otherwise participate in the sale of fireworks at such stands. If the permitted organization’s members are physically incapable of conducting sales activities, such activities may be performed by individuals identified in the approved application as authorized by the Community Development Director.

C.No person shall receive compensation, monetary or otherwise, for participating in the sale of fireworks at such stands, except for monetary compensation paid to security services.

D.Fireworks may be sold at approved fireworks stands only.

E.No person shall be allowed in the interior of the fireworks stands, except those directly participating in the sales of fireworks or those conducting bona fide business within.

F.All persons engaged in the selling of fireworks shall be age 18 years or older. ��
Ordinance No. 967
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G.Each fireworks stand shall have an adult designated as security in attendance and in charge thereof when the fireworks stand is not being used for the sale and dispensing of fireworks. No person shall be permitted within the fireworks stand from 10:00 p.m. to 10:00 a.m.

H.The sale of fireworks shall only be allowed between the hours of 10:00 a.m. and 10:00 p.m. on July 1 st, July 2nd, and July 3rd, and 8:00 a.m. and 8:00 p.m. on July 4th.

I.All unsold stock and accompanying litter shall be removed from the location by 5:00 p.m. on July 5th.

J.No fireworks shall be sold to any person under the age of 18.

K.No unsold stock may be relocated to, stored, or otherwise kept at a place of habitation.
§ 16.40.150General requirements for fireworks stands.

It shall be unlawful for any person to sell or otherwise distribute fireworks without complying with the following provisions:

A.All fireworks stands shall be inspected by the Building Division and the Los Angeles County Fire Department prior to the commencement of any sales. All firework stands shall comply with adopted codes of the city and other applicable laws.

B.All fireworks stands shall be erected according to the provisions of all applicable city codes and laws, except for fire resistive structural requirements that may be waived by the Building Official.

C.If the Los Angeles County Fire Department or the Building Division determines that the construction of any fireworks stands or the conduct of the operations therein fails to conform to the provisions of this chapter, or that an immediate hazard to the public health and safety exists, then either the Los Angeles County Department or the Building Division may order the immediate closure of the fireworks stand.

D.The front of each fireworks stand shall be completely enclosed from the counter to the roof with hardware wire cloth, the openings of which shall not exceed one-fourth inch (1/4″) in size, except for openings to permit the delivery of merchandise to the prospective customer, which openings shall not be larger than twelve inches (12″) by eighteen inches (18″) in size.

E.All merchandise shall be stored or displayed at a distance of not less than one foot (1′) from the front and side walls of the fireworks stands. ��
Ordinance No. 967
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F.Approval shall be obtained from the Division of Building and Safety for each fireworks stand prior to its construction. Portable electrical supply will require special approval.

G.No fireworks stand shall be constructed which has a depth of more than twelve feet (12′).

H.Each fireworks stand up to thirty feet (30′) in length shall have at least two exits, and each fireworks stand in excess of thirty feet (30′) in length shall have at least three exits spaced approximately equidistant apart; provided, however, in no case shall the distance between exits exceed twenty-four feet (24′).

I.Exit doors shall swing in the direction of egress.

J.Exits shall be so arranged that there will be egress available in at least two directions from any place within the fireworks stands and exits shall be located at opposite ends of the fireworks stands.

K.All fireworks stands shall be equipped with two water pressure type fire extinguishers, underwriter approved, in good working order and easily accessible for use in case of fire.

L.No fireworks stand shall be placed closer than ten feet (10′) to a public way, unless permission is first obtained from the Director of Public Works.

M.No fireworks stand shall be placed closer than twenty feet (20′) to a side or rear property line, nor closer than thirty feet (30′) to any other building or structure, nor closer than one hundred feet (100′) to a gasoline service station or other occupancy which stores or uses flammable liquids.

N.All weeds and combustible material shall be cleared from the property for which the fireworks stand will be located.

O.Fireworks stands shall not be erected prior to June 24th and shall be removed from the location by 12:00 noon on July 11th.

P.All accompanying litter shall be cleared from such location daily.

Q.“No smoking” signs shall be prominently displayed on the exterior of each fireworks stand along the front display area with intervals at a maximum of six feet (6’) apart, and no smoking shall be permitted within ten feet (10′) of any fireworks stand.

R.Licenses to sell fireworks and temporary sales tax permits shall be displayed in a prominent place in the fireworks stand.
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Ordinance No. 967
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S.Trash receptacle containers in accordance with city standards shall be placed at each fireworks stand location.

SECTION 11. Section 16.40.040 (Violations of the code is a misdemeanor.) of Title 16 (Health and Safety) of the Bell Gardens Municipal Code is hereby renumbered to Section 16.40.160, and amended as follows:
§ 16.40. 040160 Violation of the code is a misdemeanor.

Any Violations of this chapter shall constitute a misdemeanor as determined by the Chief of Police. The city may prosecute any violation of this chapter as a misdemeanor in accordance with BGMC § 1.12.010.

SECTION 12. Section 16.40.050 (Administrative fines and penalties.) of Title 16 (Health and Safety) of the Bell Gardens Municipal Code is hereby renumbered to Section

16.40.170.

SECTION 13. In accordance with the California Environmental Quality Act (“CEQA”) (Pub. Res. Code § 21000 et seq.) and CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the City Council finds that approval of this Code Amendment is exempt from the requirements of CEQA pursuant to Public Resources Code Section 15061(b)(3) (Common Sense Exemption), which provides that proposed actions which do not result in a direct, or reasonably foreseeable indirect, physical change in the environment are not subject to CEQA review.

SECTION 14. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions might subsequently be declared invalid or unconstitutional.

SECTION 15. The City Clerk shall certify the passage and adoption of this Ordinance, causing it to be posted as required by law, and it shall be effective thirty (30) days after its adoption.
[Signatures on next page]
PASSED, APPROVED and ADOPTED this 11th day of May, 2026. ��
Ordinance No. 967
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THE CITY OF BELL GARDENS

Miguel De La Rosa
Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
I, Daisy Gomez, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Ordinance No. 967 was introduced and placed upon its first reading at a regular meeting of the Bell Gardens City Council held on ___________, 2026 and that thereafter said ��
Ordinance No. 967
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Ordinance was duly adopted at a regular meeting of the Bell Gardens City Council held on Monday, __________, 2026 and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________
Daisy Gomez
City Clerk
��

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: Manuel Acosta, Community Development Director

SUBJECT: Consideration of a Resolution Approving a First Amendment to the Professional Services Agreement by and between City of Bell Gardens and Kimley-Horn and Associates, Inc. for the Continued Preparation of the Bell Gardens Transit Oriented Community Specific Plan

DATE: May 11, 2026

RECOMMENDATION:

It is staff’s recommendation that the City Council:

1. Determine the action exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15060(c)(3);

2. Adopt the attached Resolution approving a First Amendment to the Professional Services Agreement between the City of Bell Gardens and Kimley-Horn and Associates, Inc. for the continued preparation of the Bell Gardens Transit Oriented Community Specific Plan; and

3. Authorize the City Manager to amend the Professional Services Agreement as may be necessary to cover any unforeseen condition for an additional amount not to exceed $10,000.

BACKGROUND/DISCUSSION:

On September 23, 2024, the City Council approved a Professional Services Agreement (PSA) with Kimley-Horn and Associates, Inc. (KHA) for the preparation of the Bell Gardens Transit Oriented Community Specific Plan (TOC). The Professional Services Agreement with KHA for the development of the Bell Gardens TOC included a not-to-exceed amount of $355,295.34. The original amount is funded by the Caltrans Sustainable Transportation Planning Grant program. The City Council authorized acceptance of that grant on December 11, 2023. The completion date was set for January 31, 2026.

On April 15, 2026, the Planning Commission motioned to continue the Bell Gardens Transit Oriented Community Specific Plan (TOC) in order to allow the public an additional opportunity to provide testimony prior to the Planning Commission rendering a recommendation to the City Council. Due to the direction provided, an amendment to the ��
PSA is required to amend the scope of services, increase the compensation and extend the completion date.

Staff recommends that the amendments to the PSA be as follows:

1. Increase the not-to-exceed amount of 355,295.34 by $10,760 to a total amount of $366,055.34.

2. Extend the length of the agreement until June 30, 2027.

3. Include an addendum for the additional scope of work detailing services related to one additional Planning Commission, development of a public fact sheet, and additional project management.

4. Authorize the City Manager to amend the PSA as may be necessary during the term to cover any unforeseen condition for an additional amount not to exceed $10,000.

CONCLUSION:

Staff recommend the City Council adopt a resolution authorizing the City Manager to execute a First Amendment to a Professional Services Agreement by and between the City of Bell Gardens and KHA, for the preparation of the Bell Gardens TOC. The amendment is required in order to continue the services of KHA for added scope of work requested by the Planning Commission.

FISCAL IMPACT:

If approved, fees and expenses not to exceed $10,760 plus the contingency will be funded through the General Fund. Funds for these services are available in the FY 2025–2026 Planning Division budget.

APPROVED ELECTRONICALLY BY:

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

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RESOLUTION NO. 2026-47

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS APPROVING A FIRST AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE

CITY OF BELL GARDENS AND KIMLEY-HORN AND ASSOCIATES,
INC. FOR THE PREPARATION OF THE BELL GARDENS TRANSIT

ORIENTED COMMUNITIES SPECIFIC PLAN
WHEREAS, on September 23, 2024, the City of Bell Gardens (“City”) and Kimley Horn and Associates (“KHA”) executed and entered into a Professional Services Agreement (“PSA”) for KHA to prepare the Bell Gardens Transit Oriented Communities Specific Plan (“TOC”); and
WHEREAS, on April 15, 2026, the Planning Commission passed a motion to continue the TOC prompting additional services and not-to-exceed amounts not included in the original scope of work and requiring amendments in order to extend the completion date to complete the scope of the PSA; and
WHEREAS, although the PSA completion date was set for January 31, 2026, KHA continued to perform under the terms of the PSA from the period commencing January 31, 2026, to the date of the First Amendment; and WHEREAS, prior to the expiration of the PSA, it was the City and KHA’s intent to extend the completion date to June 30, 2027, to allow completion of the TOC; and WHEREAS, City and KHA are in agreement that the completion date of the PSA be extended nunc pro tunc, notwithstanding the January 31, 2026 completion date, and that City and KHA intend to be bound by the terms and conditions of the PSA as extended by way of the First Amendment, as if the First Amendment had been executed upon the initial January 31, 2026 expiration date; and
WHEREAS, between the January 31, 2026 expiration date of the PSA and the execution date of the First Amendment, the Parties have performed in compliance with the terms of the PSA and intended all rights, responsibilities and procedures set forth under the Master Agreement, to have been in full force and effect during this interim period; and
WHEREAS, the City and KHA now wish to modify the PSA to amend the scope of work, extend the completion date and increase the Not-to-Exceed Sum from $355,295.34 by $10,760 to $366,055.34; and
WHEREAS, the City Council further wishes to authorize the City Manager to amend the PSA as may be necessary to cover any unforeseen condition for an additional amount not to exceed $10,000.
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Resolution No. 2026-47
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WHEREAS, the City now desires to enter into a First Amendment to the PSA with KHA.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

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

SECTION 2. 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 Professional Services Agreement with Kimley- Horn and Associates, Inc.

SECTION 3. The City Council further authorizes and directs the City Manager to take all actions necessary and appropriate to implement and effectuate the intent of the City Council as set forth in this Resolution.

SECTION 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution, enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

PASSED, APPROVED AND ADOPTED this 11th day of May 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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Resolution No. 2026-47
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I, ____________________, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. ___________ was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on May 11, 2026, and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________
Daisy Gomez
City Clerk
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1 2026

FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Engagement: Transit Oriented Community Specific Plan)
(Parties: Kimley-Horn and Associates, Inc. and City of Bell Gardens)

THIS FIRST AMENDMENT (hereinafter, “First Amendment”) to that certain agreement entitled “Professional Services Agreement” and dated September 23, 2024 (hereinafter, “Master Agreement”), is hereby made and entered into this day of , 2026 (hereinafter, “Effective Date”) , by and between CITY OF BELL GARDENS, a municipal corporation (hereinafter, “City”), and KIMLEY-HORN AND ASSOCIATES, INC. (hereinafter, “Consultant”). For purposes of this First Amendment, the capitalized term “Parties” shall be a collective reference to both City and Consultant. The capitalized term “Party” may refer to either City or Consultant interchangeably, as appropriate.

RECITALS

This First Amendment is made and entered into with respect to the following facts:

WHEREAS, on September 23, 2024 , the Parties executed and entered into the Professional Services Agreement for Consultant to provide and implement an effective and comprehensive Transit Oriented Community Specific Plan and Zoning Code Update; and

WHEREAS, the Master Agreement is attached and incorporated hereto as Exhibit “A”; and

WHEREAS, the City requires additional services to the Scope of Work as stated in Consultant’s May 4, 2026 supplemental proposal, entitled “Amendment Number 1 to the Agreement Between City of Bell Gardens and Kimley -Horn and Associates, Inc.” (hereinafter, “May 2026 Supplemental Proposal”), which is attached and incorporate d hereto as Exhibit “B”; and

WHEREAS, although the Master Agreement had a Completion Date of January 31, 2026, Consultant continued to perform under the terms of the Master Agreement from the period commencing January 31, 2026, to the Effective Date of this First Amendment; and

WHEREAS, prior to the expiration of the Master Agreement, it was the Parties’ intent to extend the Completion Date to June 30, 2027, to allow Consultant to continue to complete the Transit Oriented Community Specific Plan; and

WHEREAS, the Parties are in agreement that the Completion Date of the Master Agreement be extended nunc pro tunc, notwithstanding its January 31, 2026 expiration, and that all Parties intend to be bound by the terms and conditions of the Master ��

2 Agreement as extended by this First Amendment, as if this First Amendment had been executed upon the initial January 31, 2026 Completion Date; and

WHEREAS, between the January 31, 2026 Completion Date and the execution date of this First Amendment, the Parties have performed in compliance with the terms of the Master Agreement and intended all rights, responsibilities and procedures set forth under the Master Agreement, to have been in full force and e ffect during this interim period; and

WHEREAS, under the terms of the Master Agreement, City agreed to pay Consultant a Not-to-Exceed Sum of THREE HUNDRED FIFTY-FIVE THOUSAND FOUR HUNDRED FIFTY DOLLARS ($355,450) for all work contemplated under the Master Agreement (hereinafter, “Not-to-Exceed Sum”); and

WHEREAS, the Parties now wish to increase the Not -to-Exceed Sum of THREE

HUNDRED FIFTY-FIVE THOUSAND TWO HUNDRED NINETY -FIVE DOLLARS AND THIRTY-FOUR CENTS ($355,295.34) by TEN THOUSAND SEVEN HUNDRED SIXTY DOLLARS ($10,760) for a new Not -to-Exceed Sum of THREE HUNDRED SIXTY -SIX THOUSAND FIFTY -FIVE DOLLARS AND THIRTY -FOUR CENTS ($366,055.34) to allow for the additional services required.

NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:

SECTION 1. Section 1.1 (SCOPE OF WORK) of the Master Agreement is hereby amended to include those additional tasks and services set forth in Consultant’s May 4, 2026 supplemental proposal, entitled “Amendment Number 1 to the Agreement Between City of Bell Gardens and Kimley -Horn and Associates, Inc.” (hereinafter, “May 2026 Supplemental Proposal”), which is attached and incorporated hereto as Exhibit “B.”

SECTION 2. Section 1.2(A) (PROSECUTION OF WORK ) of the Master Agreement is hereby amended to extend the Completion Date to June 30, 2027 . The Parties further agree that such extension shall be deemed to have become effective as of January 31, 2026, and that the performance of the Parties from January 31, 2026, to the execution date of this First Amendment, and beyond to the June 30, 2027 Completion Date, shall be governed by the terms and conditions of the Master Agreement, as amended by way of this First Amendment.

SECTION 3. Section 1.3 (COMPENSATION) of the Master Agreement is hereby amended in its entirety to state as follows:

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3 COMPENSATION: Consultant shall perform the Scope of Services and May 2026 Supplemental Proposal . The foregoing notwithstanding, Consultant’s total compensation for the performance of all Work contemplated under this Agreement, will not exceed the total budgeted aggregate sum of THREE HUNDRED SIXTY -

SIX THOUSAND FIFTY -FIVE DOLLARS AND THIRTY -FOUR CENTS ($366,055.34) (hereinafter, the “Not -to-Exceed Sum”) during the prosecution of this Agreement, unless such added expenditure is first approved by the City Council. In the event CONSULTANT’s charges are projected to exceed the Not - to-Exceed Sum prior to the expiration o f this Agreement, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Not -to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement. As authorized by the City Council at its Regular Meeting of May 11, 2026, and subject to any applicable restrictions set forth under the Bell Gardens Municipal Code, as the same may be amended from time to time , or applicable State law, City, in its sole and absolute discretion, may authorize expenditures in excess of the Not -to-Exceed Sum without further City Council approval, provided that such additional expenditures do not cumulatively exceed an amount of Ten Thousand Dollars ($10,000). Any such additional expenditures must be approved by the City Manager in writing before they may be incurred.

SECTION 4. Except as otherwise set forth in this First Amendment, the Master Agreement shall remain binding, controlling, and in full force and effect. Section 6.19 of the Master Agreement notwithstanding, t his First Amendment, together with the Master Agreement, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

SECTION 5. 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, and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this First Amendment and the provisions of the Master Agreement, the provisions of this First Amendment shall control, but only in so far as such provisions conflict with the Master Agreement, and no further.

(SIGNATURES ON NEXT PAGE)
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4 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

Date:

CONSULTANT:

KIMLEY-HORN AND ASSOCIATES,
INC.

By:_____________________________

Name:_________________________

Title: ___________________________

Date:

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5 EXHIBIT “A”

MASTER AGREEMENT

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19 EXHIBIT “A”

CITY RFP

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REQUEST FOR PROPOSALS

The Bell Gardens
Transit Oriented Community Specific Plan and
Zoning Code Update

RFP Release Date
Thursday, April 25, 2024

Proposal Submittal Deadline
5:00 p.m., Tuesday, May 28, 2024

Contact Person:

Steven Jones, City Planner
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
(562) 806-7700
[email protected]

7100 Garfield Avenue • Bell Gardens, CA 90201 • (562) 806-7700 • www.bellgardens.org ��

TABLE OF CONTENTS.................................................. 2 INTRODUCTION....................................................... 3 SUBMITTAL PROCEDURES/DEADLINE...................................... 4 DEFINITIONS, TERMS, AND CONDITIONS................................. 5 BACKGROUND......................................................... 7 SCOPE OF SERVICES.................................................. 8 PROPOSAL FORMAT AND CONTENT REQUIREMENTS.......................... 17 EVALUATION CRITERIA............................................... 20 SAMPLE PROFESSIONAL SERVICES AGREEMENT............................ 22

TABLE OF CONTENTS
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The City of Bell Gardens (City) is seeking a qualified consultant with proven expertise to submit a proposal to provide and implement an effective and comprehensive Transit Oriented Community Specific Plan (TOC) and Zoning Code Update (ZCU) to (1) guide future land use development and transportation access for the disadvantaged community surrounding the Florence and Garfield Ave. corridors, (2) establish priority needs and feasible project options for implementing active transportation mode-shift in an otherwise vehicle-dominant community, and (3) allow for the City to implement equitable, complete first -last mile connections to neighborhoods, housing projects, transit, employment centers, schools, parks, and more.

The TOC program’s mission is to provide a safe and reliable transportation network that serves all people and respects the environment . The selected consultant would be responsible for developing and executing strategies to reach community audiences, coordinate stakeholder outreach, property owners and developers to develop and finalize the Bell Gardens Transit Oriented Community Specific Plan and Zoning Code Update (BG-TOC/ZCU), or “BG Connect.”

The BG-TOC/ZCU should assess existing conditions within Bell Gardens that present community-wide challenges, seek public input from the community and stakeholders to fully comprehend existing and future transportation network needs, and recommend projects and programs strategic to creating a healthier and more vibrant Bell Gardens. The plan should be carefully crafted to enable fast implementation to achieve citywide connectivity and pedestrian facilities such as safer routes to local parks, schools, transit, and other central points throughout the community.

The City is situated between two (2) major freeways (I-710, I-5), and has six (6) neighborhood parks, and 11 schools ( six (6) elementary schools, two (2) intermediate schools, one (1) high school, and two (2) adult schools). The project would benefit stakeholders by directly addressing equity, environmental, mobility, and health challenges through the provision of a safer, less car -dependent, and more affordable built environment through transportation infrastructure that facilitates transit use and the creation of more transit-oriented developments (TODs).

It is the intent of the City to select a single consultant to accomplish and/or supply all services outlined in this Request for Proposals (RFP).

The City reserves the right to accept or reject any or all responses received in response to this request. The City also reserves the right to waive any informality, technical defect or clerical error or irregularity in any response. The City’s potential award of an agreement would not be based on any single factor, nor would it be based solely or exclusively on the lowest cost proposal. If a n agreement is awarded, it would be awarded to the Consultant who, in the judgment of the City , has presented an optimal balance of relevant experience, price, quality of service, work history and other factors which the City may consider relevant and important in determining which proposal is best for the City . Additionally, the City may, for any reason, decide not to award an agr eement based on this RFP. The City reserves the right to cancel 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.

INTRODUCTION
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An electronic version shall be emailed to [email protected] and [email protected] no later than 5:00 p.m. on Tuesday, May 28 , 2024. Additionally, three (3) hard copy sets of the proposal (two (2) bound, one (1) unbound) shall be postmarked no later than 2:00 p.m. on Saturday, May 25th, 2024 , 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 “The Bell Gardens Transit Oriented Community Specific Plan and Zoning Code Update.” 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 “Bell Gardens Transit Oriented Community Specific Plan and Zoning Code Update ” written below the address label and addressed as follows:

City Clerk’s Office
Attention: Daisy Gomez, City Clerk
ACP Outreach RFP Response
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201

Questions and Inquiries

To ensure a fair and objective RFP process and evaluation, all questions and inquiries related to this RFP shall be addressed in writing to Steven Jones , City Planner, at [email protected]. The deadline for written questions and inquiries is Wednesday, May 22, 2024. City Hall is open Monday through Thursday from 7:30 AM to 6:00 PM.

The tentative schedule for this RFP is as follows:

Release of RFP Date
Deadline for Q&A Written Submittals Wednesday, May 22, 2024 Virtual Meeting Question and Answer Session Thursday, May 23, 2024 Proposal Submission Deadline Tuesday, May 28, 2024
Interviews for Qualified Consultants Week of Monday, July 8th, 2024
Tentative City Council Consultant selected/Agreement Approval Monday, August 12, 2024

SUBMITTAL PROCEDURES/DEADLINE

DEFINITIONS, TERMS, AND CONDITIONS

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

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.

AGREEMENT: An agreement between the City and the selected consultant to furnish professional services over a designated period (such as the sample form attached as Exhibit A).

CONSULTANT: Organization, firm, or individual offering a proposal in response to this RFP.

Proposal General Terms and Conditions:

Electronic Documents
Consultants 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 Consultant agrees not to edit or change the language or format of these documents. Submission of a proposal by Consultants signifies full agreement with this requirement.

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 Consultant 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, et cetera; and the time/date stamp of receipt by the City Clerk’s Office shall be the official time of receipt.

Alterations
Proposal documents cannot be physically altered or amended after the closing date. Alterations made before closing must be initialed by the Consultant to guarantee authenticity. Proposals may not be withdrawn after the proposal closing date , and each Consultant agrees to this stipulation upon submittal of its proposal. However, all proposals are subject to negotiation before an agreement is awarded as further described below.

Communication
The City shall not be responsible for any verbal communication between any employee of the City and any proposed Consultant. 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.

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Reservations
The City reserves the right to reject any and all proposals received as a result of this RFP. The City’s potential award of an Agreement would not be based on any single factor, nor would it be based solely or exclusively on the lowest cost proposal. If an Agreement is awarded, it would be awarded to the Consultant who in the judgment of the City has presented an optimal balance of relevant experience, price, quality of service, work history and other factors which the City may consider relevant and important in determining which proposal(s) is best for the City. The City reserves the right to cancel or modify this RFP. There is no guarantee that the City would award an Agreement.

Reimbursements
The Consultant 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 Consultant is awarded an Agreement pursuant to this RFP, no proposer shall be entitled to reimbursement for any costs or expenses associated with the Consultant’s participation in this RFP process.

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.

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.

Negotiations
Negotiations may be conducted with responsible Consultants who submit proposals that are reasonably susceptible of being selected. All Consultants 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 could ultimately result in the award of a single Agreement, the City reserves the right to negotiate an Agreement with more than one (1) firm.

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 Consultants. The City also reserves the right to investigate the qualifications of th e proposed Consultant(s) as it deems appropriate.

RFP
Consultants should be aware that the RFP and the contents of the successful proposal would 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 6250 et seq.) reserves the right to make copies of all submitted proposals available for inspection and copying by any interested member of the ��

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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, Consultants 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, except for those element s 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 proposa l “Confidential,” “Trade Secret,” or “Proprietary” shall be regarded as non-responsive.

Award of the Agreement
Award of the Agreement would be by the City Council at a public meeting.

The City of Bell Gardens is a General Law City governed by an elected five (5)-member City Council that appoints the City Manager. The City has a population of approximately 39,000 in an area of 2.4 square miles and is located in the southeastern part of Los Angeles County.

On March 9, 2023, CalTrans announced the Sustainable Transportation Planning Grant Program awards for Fiscal Year (FY) 2023 -24. The State-funded Sustainable Communities grants ($29.5 million) are intended to support and implement the Regional Transportation Plan (RTP) Sustainable Communities Strategies/Alternative Planning Strategies (SCS/APS) (where applicable) and to ultimately achieve the State’s greenhouse gas (GHG) reduction target of 40 and 80 percent below 1990 levels by 2030 and 2050, respectively.

On October 9, 2023, the Bell Gardens City Council approved authorization of accepting funding from the California Department of Transportation Sustainable Transportation Planning Grant that would assist in the creation of a Transit Oriented Community (TOC) plan to address mobility, connectivity, and increased active transportation ridership.

The primary goal of this RFP is to solicit proposals from qualified consultants who can assist the City in implementing an effective and comprehensive plan that would address connectivity challenges within its disadvantaged communities between affordable housing and transit centers, schools, parks, and commercial centers, while improving safety for residents and active transportation users. The proposed Transit Oriented Communities Specific Plan General Plan and Zoning Code amendments would be crucial to immediately address critical gaps in housing, transit accessibility, active transportation, safe routes to schools, parks, and employment centers, while improving regional connectivity into nearby communities of Huntington Park, South Gate, Downey, Commerce, and Bell, and cultivating the active transportation network within local low -income neighborhoods. The new comprehensive planning documents would guide future land use development and transportation access for

BACKGROUND
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the disadvantaged communities surrounding corridors, ultimately establish priority needs and feasible project options for implementing active transportation mode -shift in an otherwise vehicle-dominant community, and enable the City to implement equitable, complete first -last mile connections to neighborhoods, housing projects, transit, employment centers, schools, parks, and more.

The project objectives are as follows:

I. Ensure that this disadvantaged community fully shares in equitable benefits of this project and grant program.

II. Create a comprehensive plan that is inclusive and informed by meaningful and effective community and stakeholder outreach;
III. Reduce vehicular miles traveled by increasing the proportion of trips accomplished by active transportation modes of biking and walking; IV. Increase the safety and mobility of pedestrians and cyclists of all ages and abilities;
V. Further the active transportation efforts of the region to achieve greenhouse gas (GHG) emission reduction targets;
VI. Create a well-defined, detailed project list to enhance affordable housing, active transportation safety and connectivity alongside encouraging non -motorized commuting;
VII. Promote increased public health outcomes, especially as residents live in areas identified as disadvantaged and low-income communities; and VIII. Incorporate sustainable design standards that further climate resiliency.

The Scope of Work, as may be modified through negotiation and/or by written addendum, would be made a part of the future Agreement. The project would align with the Los Angeles Metropolitan Transportation Authority (Metro), the City's Circulation and Housing Elements and Complete Streets Plan, West Santa Ana Branch Corridor Transit Oriented Development Strategic Implementation Plan (TOD SIP) , Connect SoCal 2024(2024 -2050), the California Transportation Plan 2050, and the California Department of Transportation (Caltrans) division of procurement and contracts agreement . Noted in the Caltrans agreement, Item No. 33 (Exhibit B), all deliverables produced under th e Restricted Grant Agreement (RGA), including but not limited to, all work and deliverables conceived or made, are under the ownership and propriety property of Caltrans. Please provide brief, itemized answers that correspond to each numbered section that clearly de scribe how your firm would approach the task . The selected Consultant would be responsible for providing the following services, with key deliverables, to the City:

Task 1: Project Management Plan and Team Meetings
• Project Management Plan (City/Consultant)

SCOPE OF SERVICES
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Following the execution of an Agreement, the consultant would prepare a Project Management Plan (PMP) for the project t o include details on the expected work task milestones, team coordination, lead communications, and quality assurance/quality control procedures between the consultant and City staff. The PMP would include the project schedule and all deadlines for deliverables with responsibilities and submission procedures clearly outlined. In addition, the consultant would work with the City to develop a regular meeting schedule for the project to facilitate collaboration and coordination between City staff and the consultant team.
• Project Team Meetings (City/Consultant)
The task would include regularly scheduled project meetings between City staff and the consultant team, as established in the PMP. All meeting agenda and notes would be documented and made available to Caltrans, City staff, and the consultant team.

Deliverables:

1. Project Management Plan

2. Project Schedule

Task 2: Research & Analysis
• State, Regional, and Local Agency Plan/Policy Review
o The consultant would be held responsible for reviewing state, regional, and local agency planning and policy documents that pertain to the project, including but not limited to, the California’s Streets and Highways Code; Caltrans Strategic Plan, California Transportation Plan 2050, California Bicycle and Pedestrian Plan (and other modal connectivity plans); SCAG’s Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) and Active Transportation Plan; LA Metro’s Active Transportation Strategic Plan and First/Last Mile Plans; and Bell Gardens General Plan Circulation and Housing Elements, and other documents pertaining to Complete Streets, Smart Mobility, Affordable Housing, and Sustainable Communities Planning Efforts.
o Additionally, Task 2 Research & Analysis would include review of the following existing city plans and documents that would be updated and integrated into a single Bell Gardens TOC Specific Plan: 2022 Circulation Element, 2020 Complete Streets Plan, West Santa Ana Branch Corridor TOD SIP, Americans with Disabilities Act ( ADA) plans, Local Hazard Mitigation Plan, and other relevant area plans. The BG-TOC/ZCU would also incorporate mixed use codes and policies adopted by other cities that have led to the succ essful development of TODs or mixed-use infill projects, alongside shared parking policies and programs from other cities to revise the City’s Z oning Code ��

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pertaining to mixed use to ensure that the BG-TOC/ZCU would be consistent with and support existing state, regional, and local plans, policies, and programs.
• Analysis of Existing Conditions Study
The consultant would review the General Plan’s applicable elements (land use, circulation, safety, et cetera) as well as the existing Zoning Code and map for General Plan inconsistencies and impediments to TOD implementation. The consultant would review existing conditions of parcels within the project area to assess the existing commercial, retail, and housing sites, as well as potential opportunity sites. The analysis of existing conditions in the project area would take into consideration the following f actors: current density and multi -unit availability, existing site layout, business design, area design, affordable housing, commercial stabilization, business retention and expansion, transit prioritization, accessibility, and transit demand management. • Project Area-wide Origins-Destinations (Mobility), Intermodal Connectivity, and First/Last Mile Needs Analysis and Mapping
o The consultant would identify key origins and destinations within the project area, including important points of connectivity (i.e. , schools, parks, employment, transit, commercial/retail, the civic center), and prepare a map of land use settlement patterns, which may include items such as locations of residential neighborhoods, schools, hospitals, senior centers, major employers, shopping plazas, and more. As such, the consultant would gather a list of “opportunity areas” prime for economic revitalization and development for transit-oriented purposes. Together with the City, the consultant would identify different parcels located within easy walking distance of the 110/111 Metro bus stops along Florence Ave. that would be ideal for TOD projects.

Each of the identified parcels would close the first/mile gap in the project area. o The consultant would prepare a map and description of existing transportation stops and stations for intermodal connectivity. The plan’s focus would be on corridors providing connectivity to schools, parks, transit, employment, and civic centers. In conjunction with the City’s Complete Streets Plan and existing zoning maps, the consultant would assess the project area’s existing site layout, parking placement, building design, to identify factors such as parking availability, close-by shopping, and walkability. These factors listed would be utilized by the consultant to integrate first/last mile principles to ensure improved travel times and speeds, reducing barriers to ridership. • Equity Study
The consultant would prepare an equity study that would focus on identifying needs and input of certain groups in the community that have been systematically excluded in sectors of health, mobility, income, and other inequities as a result of disproportionate burdens from policies and practices ��

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that have limited opportunities based on race, age, gender, sexual orientation, immigration status, disability status, or religion to ensure that no community member in Bell Gardens would be excluded from participating in the project planning process, and to close the first mile/last mile gap in access to amenities, regional counties, and local connectivity. To make sure that the proposed TOC Specific Plan General Plan and Zoning Code amendments would meet the needs of the community, the consultant would ensure the inclusive involvement of residents, businesses, and other stakeholders, with attention to the voices of disadvantaged, low-income members of the community. Coupled with the above, the consultant would work with the City to develop transparent practices with respect to the development of TOD districts, overlays, density levels, and upcoming meetings to ultimately create a long-term feedback loop. • Accidents and Safety Analysis and Mapping
The consultant would obtain and map the location of bicycle and pedestrian collision reports from the Statewide Integrated Traffic Records System (SWITRS) and would identify existing bicycle and pedestrian safety/education programs within or adjacent to the project area. Additionally, the City seeks to maximize development of the area to take advantage of traffic flow and enhanced first/last mile programs to improve and excel at transit demand management. With these routes and data in mind, the consultant would create a prioritized list of routes around the project, utilizing routes to maximize mobility and safety.
• Needs Analysis
The consultant would gather information and data from the tasks listed above to further evaluate the City’s active transportation needs. From this information, the consultant would identify key infrastructure needs and active transportation facilities that would be analyzed and addressed in the BG-TOC/ZCU.

Deliverables:

1. Research and Analysis
a. Plan and Policy Evaluation Summary Analysis
b. Analysis of Existing Conditions

2. Project Area -wide Origins, Destinations, and Intermodal Connectivity Analysis and Related Maps
a. Opportunity Areas List
b. Intermodal Connectivity Maps

3. Equity Study

4. Accident/Safety Data and Related Maps

5. Initial Needs Analysis and Memo

Task 3: Public Engagement:
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• Stakeholder Engagement Plan
The consultant, with City staff, would develop a stakeholder engagement plan for the project. The purpose of the plan would be two (2)-fold: 1) create an equitable, inclusive, and community participatory approach to outreach with an emphasis on disadvantaged, vulnerable, and underserved communities in the project area; and 2) create a transit -oriented development plan and Zoning Code amendments reflective of expected outcomes derived from the community input process.

At a minimum, the plan would include the following:
• objectives and goals for the public input and review process for the project;
• contact list of community -based organizations and local public/private schools, summary of engagement methods; and
• evaluation of events and locations to conduct the community outreach.

Outreach and engagement may build off of existing community events and programming the City currently annually employs. The stakeholders would be comprised of residents, employment centers, business owners, nonprofit organizations, faith-based groups, City departments, law enforcement officers, and transit agencies.
• Project Website, Social Media Interactive Town Hall, and Marketing/Publicity The consultant would create a project information webpage on the City’s website, which would describe the project, display upcoming events and meetings, and provide the community with regular project -related status updates. In addition, the consultant would create social media content to engage the community throughout the duration of the project and would invite followers to an interactive town hall event. The content and marketing materials would all be informed by input provided by City staff and stakeholders. To reach a broad audience, announcements, flyers, posters, and digital marketing materials would be created and coordinated in advance of all engagement events (whether they are virtual, in person, or hybrid). Promotional materials would be translated into the predominant languages spoken in the community, which include Spanish and English.
• Community Survey
The community survey would be a key tool used to understand the active transportation and housing needs of bicyclists, pedestrians, public transit users, and non-transit users in the project area. The active transportation segment of the survey would inquire about needs specifically with regards to areas of connectivity most important to users and barriers for those who do not utilize such modes of transportation. The affordable housing segment of the survey would inquire about needs specific to perceived housing security, affordability, and availability. The survey would also provide key insight into the common ��

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origins and destination points of current bicyclists, pedestrians, transit users, and non-transit users, as well as provide an opportunity for them to convey their desires, needs, and concerns regarding the active transportation network. The survey would be conducted in several ways: online and at pop -up events, advisory group meetings, and open house meetings. Information related to the survey’s availability would also be announced at City Council and Planning Commission meetings, on the public broadcast s tation, and in the local newspaper.
• Community Outreach Meetings, Open House Events, and Workshops (Varied In-person/Online)
The purpose of this task would be to implement the outreach strategy developed in previous tasks. The consultant, with support from City staff, would alert community groups, schools, faith-based institutions, property owners, residents, adjacent jurisdictions, and other stakeholders, about the project utilizing the marketing methods described above. The consultant would work with community-based organizations and local public/private schools to encourage breadth in participation, as well as coordinate with other City Departments (i.e., Public Works and Parks & Recreation and Community Services Departments) that interact regularly within the local community.

The consultant would conduct at least two (2) open house events (one (1) in the east, the other in the west part of the project area), and three (3) public workshops to describe the project, recognize community opportunities and challenges, identify preliminary analyses and findings, create a shared vision for the project area, and share strategies to realize the vision as a community effort.

The meetings / workshops would be conducted in English and Spanish (on an as-needed basis and in consultant with Cit y staff). The three (3) workshops would have varied engagement methods that would emphasize going out into the community to gather intentional feedback at locations, times of day, and venues that are convenient for community members. Virtual meetings may be preferred, depending on existing public health and/or safety conditions within the community and region.

Deliverables:

1. Stakeholder Outreach and Engagement Plan

2. Postcards, Project Website, social media content, meeting notices, presentations, and notes

3. Project Website, Social Media/Interactive Town Hall Site/Surveys

4. Facilitated Mandatory Community Engagement / Outreach Meetings and Activities

Task 4: Policy Framework & Proposed Connectivity Projects ��

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• Goals, Objectives, Policies, and Performance Measures The consultant would work with City staff to develop goals, objectives, policies, and performance metrics for the BG-TOC/ZCU. This task would create the foundation of the BG-TOC/ZCU by establishing its context within which proposed projects would be prioritized for implementation, based on connectivity and community context, and performance towards plan goals would be monitored. Performance measures would be quantifiable standards. Task 4 would incorporate community input from Task 3 to ensure that community values and needs are represented and reflected in the BG-TOC/ZCU. • Best practices – Design Elements Toolbox
The consultant would develop a menu of best practices for Complete Streets and other design elements that may be utilized in future roadway projects, drawing from the Caltrans Complete Streets Toolbox and Smart Mobility Framework.
• Zoning Code Update Program
The consultant would draft a program of best practices for updates to mixed use zoning codes that would be strategically geared for the City of Bell Gardens, based on the collection of best practices from other cities that have successfully developed a TOD (Task 2). Additionally, the consultant would review community goals and input identified from community workshops or other planning efforts, such as the SCAG Compass Blueprint (Task 3). From this assessment would come the drafting of three (3) different summaries related to the proposed amended Zoning Code: (1) TOD or mixed -use infill policies from other cities including a discussion of their applicability to Bell Gardens; (2) existing community goals and objectives from other city documents, and a written summary of stakeholder interviews/workshop input; and (3) a prioritized list of Zoning Code, zoning map update recommendations for City staff review. The consultant would work with the Recreation and Community Services, Community Development, and Public Works departments to determine zoning consistency.
• Proposed Affordable Housing Program of Projects
The consultant would design and map the proposed affordable housing development and connectivity network, including identified parcels that serve as excellent examples of developable sites. This includes development of a complete and detailed list of future projects (Program of Projects) that would be prioritized for implementation. Each project would include a brief project description, including project specific information as it relates to connectivity, as well as potential constraints, such as built environment conditions (walkability score, distance to public transportation stops, sidewalk availability), itemized preliminary cost estimate, and the City Council District in which the project is located. A schematic design overlaid on recent aerial photography would also ��

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be included. The consultant would use information from previous tasks and coordinate with the Recreation and Community Services, Community Development, and Public Works departments to determine appropriate locations and the extent of the network and facilities. • Proposed Bicycle Program of Projects
The consultant would design and map the proposed bicycle connectivity network, including support facilities. This includes development of a complete and detailed list of future projects (Program of Projects) that would be prioritized for implementation. Each project would include a brief project description, including project specific information as it relates to connectivity, as well as potential constraints, such as right -of-way acquisition or roadway conditions (freeway underpasses with easement/right -of-way challenges), itemized preliminary cost estimate, and the City Council District in which the project is located. A schematic design overlaid on recent aerial photography would also be included. The consultant would use information from previous tasks and coordinate with the Recreation and Community Services, Community Development, and Public Works departments to determine appropriate locations and the extent of the network and facilities. • Proposed Pedestrian Program of Projects
The consultant would design and map the proposed pedestrian connectivity network, including support facilities in the project area. This includes development of a complete list of future projects (Program of Projects) that would be prioritized for implementation. Each project listed would include a brief project description, including project specific information and potential constraints, such as right-of-way acquisition, itemized preliminary cost estimate, and the City locational criterion. A schematic design overlaid on recent aerial photography would also be included. The program would utilize information from previous tasks and coordination with the Recreation and Community Services, Community Development, and Public Works departments to determine appropriate locations and the extent of the network and facilities. Multi-modal connections would be a non-negotiable incorporation in the network. • Proposed ADA Program of Projects
Utilizing the inventory of corners where ADA ramps are currently missing or are noncompliant, the consultant would create a priority list based on metrics determined by City staff. The proposed ADA program of projects includes the creation of a comprehensive list of future projects (Program of Projects) that would serve as a priority list for implementation. The consultant would also develop and map a program of projects to bring these facilities up to current ADA standards.
• Safe Routes to Schools Program of Projects (City/Consultant) The consultant would identify and map potential improvements to City ��

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infrastructure to support Safe Routes to School connections throughout the city using the project corridors, as previously described. This includes development of a complete list of future projects (Program of Projects) that would be prioritized for implementation. Each project listed would include a brief project description, including project specific information and potential constraints, such as right-of-way acquisition, itemized preliminary cost estimate, and the City Council District in which the project is located. A schematic design overlaid on recent aerial photography would also be included.

Deliverables:

1. Goals, Objectives, Policies, and Performance Measures;

2. Design Elements Toolbox and Best Practices;

3. Zoning Code Updates Program, maps, schematics, and recommendations;

4. Proposed Affordable Housing Program of Projects, maps, schematics, and recommendations;

5. Proposed Bicycle Program of Projects, maps, schematics, and recommendations;

6. Proposed Pedestrian Program of Projects, maps, schematics, and recommendations;

7. Proposed ADA Program of Projects, maps, schematics, and recommendations; and

8. Safe Routes to School Program of Projects, maps, schematics, and recommendations.

Task 5: Prepare Planning Documents (Draft and Final Plan) • Project Prioritization
The consultant would create criteria to rank the priority of each program of projects developed as part of Task 4. Projects would be ranked by priority as to help the City develop an implementation plan that swiftly addresses public safety issues while enhancing connectivity, comfort, and effectiveness of bicycle, pedestrian, transit networks, affordable housing availability, ADA, and Safe Routes to Schools networks over time. With City input, the consultant would develop a short -term attainable program of projects to be completed over two (2) fiscal years / budget cycles. The consultant would also create a longer-term program of projects, which ensures coverage of multiple funding cycles, and that may need or permit formal design, right -of-way acquisition, or other “larger” type of effort or resource dedication. These longer -term recommendations may enhance competitiveness as a result of a more “complete” and/or “ready” project.
• Funding Sources and Strategies
The consultant shall describe past expenditures for pedestrian facilities, bicycle facilities, TOD development, and Zoning Code adoption, and identify the costs associated with the implementation of the BG-TOC/ZCU, in addition to any alternative or future financial needs for maintenance and operation. ��

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The consultant should extract and discuss future funding sources and strategies for obtaining funding, including measures to connect to other regional transit -oriented communities and transit opportunities to induce sustainable, regional mode -shift. The consultant should discuss all regional funding program opportunities and regional partnerships available and consistent with the project and review the Program of Projects developed to create a recommended list of projects most likely to score well for competitive grant programs.
• Administrative Draft Bell Gardens -TOC Specific Plan and Zoning Code Updates
The consultant and the City Staff would work together to incorporate study surveys, maps, implementation, policy framework, and financing plans, as well as coordinate with other local plans to develop the Administrative Draft TOC Specific Plan. The City would coordinate with other City departments for input. Utilizing the Zoning Code Updates program from Task 4, the consultant would prepare an updated zoning code and zoning map for City staff review.

The consultant would work with the Recreation and Communi ty Services, Community Development, and Public Works departments to determine zoning consistency.
• Release Draft Transit-Oriented Communities Specific Plan and Zoning Code Updates
City staff would work with the consultant to release the draft BG-TOC Specific Plan and draft mixed use Zoning Code amendment to the public and provide them with the opportunity to make public comments. The consultant would be responsible for holding public meetings where they would present the project draft specific plan General Plan amendment and solicit feedback. A similar process would be coordinated for modification and adoption of the proposed amended Z oning Code, including staff agenda reports for Pl anning Commission recommendation and City Council resolution and action. Along with in-person feedback from the community meetings, feedback would also be requested and welcomed on the project website.
• Finalize Transit -Oriented Communities Specific Plan and Zoning Code Adoption
The consultant would prepare the final Bell Gardens-TOC Specific Plan based on feedback and comments from the public and would also produce the final Plan and Zoning Code amendments and map.

Deliverables:

1. List of prioritized projects based on feasibility, likely funding availability, and community feedback;

2. Proposed list of funding sources, including framework for Phases and Partnerships;

3. Environmental Impact Memorandum;

4. Draft BG-TOC/ZCU; and

5. Public Meeting Agenda, Presentation, Meeting Minutes, and Notes Final

BG-TOC/ZCU

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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 requirement items will be considered incomplete and may be rejected.

Proposal documents should provide a straightforward, concise description of the Consultant’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 Consultant from furnishing additional reports, functions, and costs as deemed appropriate.

The p roposal must contain the following eight (8) elements describing how the Consultant would perform the assignment:

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 Consultant’s background and experience providing services.

b. Conflict of Interest Statement: The Consultant shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of this Agreement. Particular attention should be paid to compliance with Government Code section 1090.

2. Work Plan/Project Approach:
a. Include description of a) the approach and methodology to be taken in addressing the scope of work, b) a listing of the specific tasks , milestones and deliverables required to properly perform the services, and c) a timeline from inception to completion.

b. The estimated timeline for the project is approximately 18 months, starting from the contract execution date. The City expects the selected consultant to adhere to the established timeline and deliver the project milestones on schedule.

3. Management and Staffing:

PROPOSAL FORMAT AND CONTENT REQUIREMENTS

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a. Describe the management and staffing configuration to be utilized to complete the scope of work. Describe the qualifications of staff to be assigned to the project, their title, and types and amount of equivalent experience. Resumes of all proposed personnel must be included. The proposal must indicate who would have primary responsibility for this project.

4. Minimum Qualifications, Prior Related Experience, and References a. Firms or individuals must demonstrate competence and capability to satisfactorily perform the scope of work. Proposals that do not meet the minimum qualifications will be determined nonresponsive and ineligible for award. The Proposer must provide evidence to show that members of the Proposer’s project team possess the specific qualifications, competence, experience, resources, and business integrity 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 summaries that highlight the team’s specific experience:

i.The consultant must have at least five (5) years of experience planning and implementing TOC / TOD programs;
ii.The consultant must have at least three (3) years of experience with TOC specific plans; and
iii.The consultant must have at least five (5) years of experience in multilingual public campaigns.

b. A list of at least three (3) recent references, including local government agencies where a similar service is or has been provided and any private clients. Include a) the names and telephone numbers of the firm and the key managers and professionals assigned to the project, b) brief description of the project, and c) time period for the project.

5. Cost and Pricing:
a. Proposals must include staff hourly rates, plus overhead, travel and any additional project costs proposed. All items must be itemized in detail. The total project cost must be expressed as a “Not to Exceed” amount for items 1-5 under the “Scope of Services” section in this RFP.

b. In addition, an hourly fee 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 rates.

c. Proposals must ensure that cost breakdowns of deliverables and milestones are directly associated with cost allocations. Every line item must be associated with an agreed-upon, grant/RGA-associated task, deliverable or milestone. ��

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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 Consultant’s exceptions to the provisions and conditions of the attached City standard professional services contract.

7. Pending Litigation:
a. Include an explanation and status, if in the last five (5) 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:
a. Evidence of commercial liability, professional liability, and workers compensation insurance coverages must be included. Insurance requirements are listed on the sample agreement attached as Exhibit “A.”

The award of this agreement will be made to the most qualified Consultant(s) whose proposal(s) complies(y) 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 would an award be made until all necessary investigations are made as to the responsibility and qualifications of the Consultant to whom it is proposed to make such an award.

Proposals will be reviewed and evaluated by the Community Development Director and City staff and ranked based on the following considerations:
• Demonstrated experience in planning and implementing transit-oriented communities and development programs;
• Previous involvement in TOD and TOC programs;
• Experience in conducting multi-lingual public campaigns; • Understanding of the MTC TOC and its goals;
• Approach and methodology for achieving the program objectives; • Qualifications and expertise of the proposed project team; and • Cost-effectiveness and reasonableness of the proposed budget.

If further clarifications or negotiations are required, on -site or virtual interviews may be conducted. Participation in these interviews would be at the expense of the Consultant(s). The interview panel would be made up of staff members or representatives from the city.

EVALUATION CRITERIA

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Recommendations will be forwarded 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 be given no 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 consultants with regard to the amount, terms, or conditions of this proposal;
• Any attempt to improperly influence any member of the selection staff; • Existence of any lawsuit, unresolved contractual claim or dispute between Consultant and the City;
• Evidence of incorrect information submitted as part of the RFP; • Evidence of Consultant’s inability to successfully complete the responsibilities and obligations of the proposed scope of work; and
• Consultant’s default under any agreement, which results in termination of the Agreement.

Each proposal would be considered along with those of other responding Consultants, with respect to ability to perform effectively and efficiently those Scope of Services outlined above.

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

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

SAMPLE PROFESSIONAL SERVICES AGREEMENT
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1 2024

PROFESSIONAL SERVICES AGREEMENT
(Engagement: INSERT ENGAGEMENT)
(Parties: ENTER PARTY and City of Bell Gardens)
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this ___________ day of __________________ 2024 (hereinafter, the “Effective Date”) by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, “CITY”) and INSERT CONSULTANT (hereinafter, “CONSULTANT”). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties. ” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.

RECITALS
WHEREAS, CITY requires professional consulting services INSERT PROFESSIONAL SERVICES REQUIRED; and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently pr ovide such services to CITY; and
WHEREAS, the execution of this Agreement was approved by the Bell Gardens City Council at its Regular Meeting.

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

ENGAGEMENT TERMS

1.1 SCOPE OF WORK:

A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled “ INSERT TITLE” (hereinafter, “CITY RFP”) dated INSERT DATE, and the written proposal of CONSULTANT entitl ed “INSERT TITLE” (hereinafter, the “CONSULTANT Proposal”) dated INSERT DATE . The CITY RFP and the CONSULTANT Proposal are attached and incorporated hereto as Exhibit “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to t he CITY RFP and the CONSULTANT 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 docume nt entitled CITY RFP and the provisions of the document entitled CONSULTANT 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 ��
2 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.

1.2 PROSECUTION OF WORK:

A. Time is of the essence of th is Agreement and each and every provision contained herein. The Work shall be commenced within three (3) calendar days of CITY’s issuance of a Notice to Proceed. CONSULTANT shall complete the various tasks identified in the Scope of Work within the timeframes set forth in the Scope of Work and shall complete all of the Work by or before INSERT COMPLETION DATE (the “Completion Date”); B. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents; C. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner; D. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT’s employees; and
E. CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.

1.3 COMPENSATION: CONSULTANT shall perform the Work in accordance with “INSERT TITLE OF COMPENSATION DOCUMENT ” (hereinafter, the “COMPENSATION RATE”). The foregoing notwithstanding, CONSULTANT’s total compensation for the pe rformance of all Work contemplated under this Agreement, will not exceed the total budgeted aggregate sum of INSERT WRITTEN AMOUNT ($INSERT NUMBER) (hereinafter, the “Not-to-Exceed Sum”) during the prosecution of this Agreement , unless such added expe nditure is first approved by the City Council. In the event CONSULTANT’s charges are projected to exceed the Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT’s pe rformance pending CITY approval of any anticipated expenditures in excess of the Not -to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.

1.4 PAYMENT OF COMPENSATION: Following the conclusion of the work requested in Section 1.1, CONSULTANT shall submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out- of-pocket expenses incurred. If the amount of CONSULTANT ’s compensation is a function of hours work ed by CONSULTANT ’s personnel, the invoice should indicate the number of hours worked, 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 will ��
3 notify CONSULTANT in writing of any dispute d amounts included in the invoice.

Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.

1.5 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom a nd to inspect all program data, documents, proceedings, and activities.

1.6 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, CONSULTANT will deliver to CITY immediately and without delay, all materials, records and other work product prepa red or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will 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 CONSULTANT’s cessation or abandonment.

II.

PERFORMANCE OF AGREEMENT

2.1 CITY’S REPRESENTATIVE : The CITY hereby designates INSERT CITY REPRESENTATIVE (hereinafter, the “ City Representative”) to act as its representative for the performance of this Agreement. The City Representative or their designee will act on behalf of the CITY for all purposes under this Agreement.

CONSULTANT will not accept directions or orders from any person other than the City Representative or their designee.

2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates INSERT CONSULTANT REPRESENTATIVE , to act as its representative for the performance of this Agreement (hereinafter, “ Consultant Representative”).

Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or their designee will supervise and direct the performance of the Work, using their best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.

2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS :

CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and will be available to CITY staff and the City ��
4 Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by City Representative or their designees.

2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES : CONSULTANT represents, acknowledges and agrees to the following:

A. CONSULTANT will perform all W ork skillfully, competently and to the highest standards of CONSULTANT’s profession;
B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative;
C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;
D. CONSULTANT will comply with all applicable federal, state and local laws and regulations, including the conflict of int erest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONSULTANT shall be liable for all violations of such laws and regulations in connection with Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom; E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
F. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. All of CONSULTANT’s employees and agents (including, but not limited to, 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 will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.

The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, ��
5 contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, c ompetently and to the highest standards of CONSULTANT’s profession.

2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT’s duties or obligations under this Agreement without the prior written consent of the CITY. In the absen ce of CITY’s prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.

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

2.7 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Work will be performed by CONSULTANT or under CONSULTANT’s strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar o r different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT’s competent and timely performance of the Work contemplated under this Agreement and provided the performance of such serv ices does not result in the unauthorized disclosure of ��
6 CITY’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT’s exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due to such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.

2.8 REMOVAL OF EMPLOYEES OR AGENTS : If any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.

2.9 COMPLIANCE WITH L AWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT’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.

2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY.

CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.

CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.
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7 III.

INSURANCE

3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following insuran ce coverage, at its own expense:

A. Commercial General Liability Insurance : CONSULTANT will procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent . Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.

B. Automobile Liability Insur ance: CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($ 1,000,000.00) per accident for bodily injury and property damage.

C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occu pational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.

D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT’s profession. Such coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per claim.

3.2 ADDITIONAL INSURED REQUIREMENTS : The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers as additional insureds.

3.3 REQUIRED CARRIER RATING : All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from ��
8 insurers who, according to the latest edition of the Best ’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor ’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer ’s Liability Insuranc e, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.

3.4 PRIMACY OF CONSULTANT’S INSURANCE: All polic ies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self -insurance maintained by CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers will be in excess of CONSULTANT’s insurance and will not contribute with it.

3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, s ubcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.

3.6 VERIFICATION OF COVERAGE : CONSULTANT acknowledges, understands and agrees, that CITY’s ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY’s financial well-being and, indirectly, the collective well -being of the residents of the CITY.

Accordingly, CONSULTANT warrants, represents and agrees that it will furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on forms provided by the CITY if requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT’s commencement of any Work. Upon CITY’s written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.

3.7 FAILURE TO MAINTAIN COVERAGE : In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immedi ately 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 CONSULTANT or CITY will withhold amounts sufficient to pay pre mium from CONSULTANT payments. In the alternative, CITY may cancel this Agreement effective upon notice.

3.8 SPECIAL RISKS OR CIRCUMSTANCES. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experi ence, insurer, coverage, or other special circumstances.
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9 IV.

INDEMNIFICATION

4.1 The Parties agree that CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “City Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance o f this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY wou ld not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein .

Notwithstanding the foregoing, to the extent CONSULTANT’s services are subject to Civil Code Section 2782.8, the above ind emnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.

CONSULTANT’s obligation to indemnify shall not be re stricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.

4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the C ity Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.

4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to either pay CITY promptly for any costs associated with CONSULTANT’s obligations to indemnify the C ity Indemnitees under this Article, or related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement , or (ii) comply with applicable workers’ compensation laws.

4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers.

4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees ��
10 to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, offi cers, employees, agents, 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 otherwi se wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.

4.6 CITY does not, and shall not waive any rights that it may possess against CONSULTANT 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.

4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.

TERMINATION

5.1 TERMINATION WITHOUT CAUSE : CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY’s intent to terminate this Agreement which notice shall specify the effective date of such termination . Upon such termination for convenience , CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination.

CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1, below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work.

CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.

5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:

A. 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”) will occur. For all Events of Default, the P arty alleging an Event of Default will give written notice to ��
11 the defaulting Party (hereinafter referred to as a “Default Notice”) which will 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 will be cured, which will not be less than the applicable cure period set forth under Sections 5.2(B) and 5.2(C), below, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and dil igently prosecute such cure to completion. The Event of Default will 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.

B. CONSULTANT will cure the Event of Default within the following time periods:
i. Within ten (10) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any inf ormation and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement.

Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2 (B)(i) that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or ii. Within fourteen (14) calendar days of CITY’s issu ance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14 -day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has co mmenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2(B)(ii) that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.

In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT ’s refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT’s failure to fulfill or perform its obligat ions under this Agreement within the specified time or if no time is speci fied, within a reasonable time; (iii) CONSULTANT’s and/or its employees ’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) ��

12 the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.

C. CITY will cure any Event of Default asserted by CONSULTANT within forty- five (45) calendar days of CONSULTANT ’s issuance of a Default Notice, unless the Event of Default cannot r easonably be cured within the 45 -day cure period. Prior to the expiration of the 45-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 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1. 4, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.

D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’s performance under this Agreement pending
CONSULTANT’s cure of any Event of Default by giving CONSULTANT written notice of CITY’s intent to su spend CONSULTANT ’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT 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 will operate to prohibit or otherwise restrict CITY’s ability to suspen d this Agreement as provided herein.

E. No waiver of any Event of Default or breach under this Agreement will 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 will give the other Party any contractual rights by custom, estoppel, or otherwise.

F. The duties and obligation s imposed under this Agreement and the rights and remedies available hereunder will 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 CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
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13 ii. Upon written notice to CONSULTANT, 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 CONSULTANT ’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.

CONSULTANT will 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.

G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.

5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will 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 will give the other Party any contractual ri ghts by custom, estoppel, or otherwise.

5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate a ny Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.

VI.

MISCELLANEOUS PROVISIONS

14 writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.

6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.

6.3 FALSE CLAIMS ACT : CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California Fals e Claims Act, Government Code Section 12650 et seq.

6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:

CONSULTANT: CITY:

INSERT CONSULTANT NAME

INSERT ADDRESS

Attn: INSERT PERSON OF

CONTACT NAME
Phone: INSERT PHONE NUMBER

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

Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.

6.5 COOPERATION; FURTHER ACTS : The Parties will fully cooperate with one another, and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to ach ieve the purposes of this Agreement.

6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all ��
15 provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.

6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.

6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT 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 CONSULTANT, 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 will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.

6.10 GOVERNING LAW AND VENUE : This Agreement will be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will 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, will in the Central District of California located in the City of Los Angeles, California.

6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.

6.12 SUCCESSORS AND ASSIGNS : This Agreement will be binding on the successors and assigns of the Parties.

6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.

6.14 CONSTRUCTION OF AGREEMENT : This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
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16 6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.

6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and sig ned by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.

6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

6.18 INCONSISTENCIES OR CONFLICTS : In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.

6.19 ENTIRE AGREEMENT : This Agreement, including all attached exhibits , constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section

6.16, above.

6.20 FORCE MAJEURE: The Term shall be extended in the event of any delays due to unfor eseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, 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 CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall a scertain 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 b e final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT’s sole remedy being extension of the Agreement pursuant to this Section.

6.21 COUNTERPARTS: 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. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be ��
17 valid or binding unless made to all three counterparts in conformity with Section

6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and two original counterparts will be retained by CITY. (SIGNATURES ON NEXT PAGE)
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18 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.

CITY OF BELL GARDENS:

By:_______________________________
Name:____________________________
Title:____________________
Date:_____________________
APPROVED AS TO FORM:

By:____________________________
Stephanie Vasquez, City Attorney
CONSULTANT NAME:

By:_______________________________
Name:____________________________
Title:____________________
Date:_____________________
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19 SAMPLE

PROFESSIONAL SERVICES AGREEMENT
EXHIBIT “A” CITY RFP
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19 SAMPLE

PROFESSIONAL SERVICES AGREEMENT
EXHIBIT “B” CONSULTANT BID
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19 EXHIBIT “B”
CALTRANS AGREEMENT, ITEM NO. 33
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ITEM NO. 33 FROM CALTRANS RESTRICTED GRANT AGREEMENT
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Page 24 of 26 ends

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Page 25 of 26 ends

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Page 26 of 26 ends

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20 EXHIBIT “B”

CONSULTANT PROPOSAL

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PROPOSAL FOR
The Bell Gardens Transit-Oriented Community
Specific Plan and Zoning Code Update
City of
BELL

GARDENS
Prepared by:

REVISED 7.25.24
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PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens  TTPS96002.2024
 i

1. Transmittal Letter
RE: Proposal for The Bell Gardens Transit-Oriented Community (TOC) Specific Plan and Zoning Code Update Dear Mr. Steven Jones and Members of the Selection Committee:

Kimley-Horn is pleased to submit our proposal to work with the Bell Gardens community to embark upon this exciting TOC-driven transformation of Downtown Bell Gardens. The City of Bell Gardens has a unique opportunity to take advantage of major regional transit corridors, including the Southeast Gateway Transit Corridor, Los Angeles River Trail, and other planned transit corridors to realize a walkable, safe, thriving, and livable community anchored by a range of affordable housing options. Kimley-Horn is a national leader in catalyzing transit-oriented communities by closely integrating transit and first-last mile investments with creative land use strategies. We prepare active transportation plans, we design and build complete street and bicycle and pedestrian improvements, we plan for new bus rapid transit and light rail corridors, and we work with cities and developers to envision and realize transit-oriented development projects. Our Los Angeles-based team has prepared Specific Plans for clients throughout Southern California that have catalyzed several hundred million dollars in new transit-oriented development projects with a mix of market rate and affordable housing investments. With this visionary, but practical and implementation-focused mindset, we will work with the Bell Gardens community to improve safety, housing affordability, access to amenities, and improve livability through the revitalization of Downtown.

Below are four key components of our approach for the Bell Gardens TOC Specific Plan and Zoning Code Update:

Closely integrate land use and first/last mile improvements.

Project Manager Adam Maleitzke, AICP is a leader in realizing transit-oriented communities in Southern California and beyond.

He has led TOC studies including the SCAG High Quality Transit Area Analysis project, working with communities throughout Southern California to plan for active transportation improvements and envision higher-density, mixed-use housing projects. He has also worked with developers on TOD joint development projects at transit stations and understands how to identify and address the barriers to implementing transit-oriented communities, including LA Metro’s District NoHo TOC joint development project. He will work with Bell Gardens staff and the community to:
i. educate the community about the benefits of TOCs,
ii. facilitate an equity-focused process to invite residents and businesses to shape the vision plan, and iii. lead the development of an implementation-focused Specific Plan that will enable the City to pursue near-term grant funding opportunities and work with the development community to invest in TOC opportunity sites.

To the scope, we have added a Developer Roundtable, where we will invite market rate and affordable housing developers to help the City identify physical and market constraints for select TOC opportunity sites and make recommendations for how to best position the sites for redevelopment. Kimley-Horn has extensive relationships with major housing developers in Southern California and will invite developers to participate. The roundtable will help Bell Gardens to market TOC opportunity sites and accelerate the revitalization of Downtown Bell Gardens.

Utilize best practices for equity-focused community engagement.

Kimley-Horn’s Equitable Outreach lead Monica Villalobos, a national leader in planning for equitable communities, has led first-last mile plans for LA Metro, including the Vermont Transit Corridor Equity Data Collection & Ground Truthing and TOC project, Metro Rail to Rail Active Transportation Project, and the Eastside Phase 2 Transit Corridor First/Last Mile Analysis. A native of East Los Angeles, Ms. Villalobos will integrate data-driven decision-making tools and research with a robust public involvement program that will involve a wide range of in-person and virtual engagement activities. She will be joined by Tatiana Lundstrom, P .E., who has led creative public engagement programs for projects such as the Bakersfield Active Transportation Plan, where Kimley-Horn recently facilitated a “Bike Rodeo” that was attended by over five hundred community members of a variety of ages and abilities.

Steven Jones
City Planner | City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
TO
FROM
660 South Figueroa Street
Suite 2050
Los Angeles, CA 90017
TEL 213.261.4040
DATE
May 28
2024
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PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens  TTPS96002.2024
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Envision first/last mile projects through data-drive decision making.

Darryl DePencier, AICP , GISP , RSP2B, is Kimley-Horn’s Los Angeles-based transportation safety expert and will serve as first/ last mile planning lead. Mr. DePencier has prepared Vision Zero plans, Safety Action Plans, and active transportation plans for clients throughout Los Angeles and will utilize Kimley-Horn’s vast library of mobility datasets to determine the scope and impact of pedestrian and bicyclist improvement projects recommended for the Specific Plan. To guide the visioning process, we will use Kimley-Horn’s proprietary Access2Opportunity scenario planning tool, which will allow the community to understand, in real time, the impact of a variety of potential transportation investments on equity outcomes, including access to jobs, grocery stores, and retail amenities through walking, cycling, and transit. A metrics score card will enable Bell Gardens staff to quantify and measure the impact of first-last mile improvements on a range of outcomes as improvement projects are realized.

Prepare an implementation-focused Specific Plan that yields near-term results.

Our Specific Plans are strategic, grounded in real-world and on-the-ground conditions, and provide clients with a clear roadmap for how to design, seek funding for, and implement first/last mile and TOC projects that directly benefit residents and businesses.

The Specific Plan preparation will be led by Xiaofan Li, who, with Principal-in-Charge Elizabeth Cobb, and Strategic Advisor Dave Barquist, AICP , have prepared hundreds of Specific Plans, housing elements, and rezoning plans for clients in California.

Sri Chakravarthy, P .E. will prepare utility plans and other necessary engineering studies and can draw upon Kimley-Horn’s vast engineering resources to generate feasible complete street plans and mitigate site constraints for TOD opportunity sites. As part of the implementation plan, Kimley-Horn funding specialist Alyssa Phaneuf, P .E., who has helped clients secure millions of dollars in funding for active transportation projects, will lead the preparation of a funding strategy and cost estimates. Jessie Barkley, will prepare an environmental memorandum/initial study that will tier off of the recently-adopted Bell Gardens General Plan Housing Element and Circulation Element. As an addition to the scope, we have also budgeted for one professional rendering to illustrate the key elements of the Specific Plan and Zoning Code Update, which can be used by the City to market TOC opportunity sites to developers and utilize in grant applications.

Our goal is to help Bell Gardens craft a strategy to realize near-term complete street improvements, while planning for longer- term, complex TOC investments that will span multiple funding cycles. We are excited to partner with the City of Bell Gardens on this groundbreaking effort to shape the revitalization of Bell Gardens for years to come.

We look forward to the next steps in the selection process. Adam may be reached by phone at 213.261.4095 or by email at [email protected].

Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.

Adam Maleitzke, AICP *Sri Chakravarthy, PE, TE
Project Manager First/Last Mile Planning
To the best of our knowledge, neither Kimley-Horn nor any of its employees has any potential conflict of interest due to any other clients, contracts, or property interest for this project. *Sri Chakravarthy is the individual
authorized to bind Kimley-Horn and
has read and will comply with all
terms and conditions of this RFP
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PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens  TTPS96002.2024
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Table of Contents

1. Transmittal Letter .....................................................................................................................i

2. Work Plan/Project Approach .....................................................................................................1

3. Management and Staffing .....................................................................................................12

4. Minimum Qualifications, Prior Related Experience and References ........................................27

5. Cost and Pricing ....................................................................................................................32

6. Additions or Exceptions .........................................................................................................33

7. Pending Litigation ..................................................................................................................35

8. Insurance ..............................................................................................................................36 ��

PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens  TTPS96002.2024
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2. Work Plan/Project Approach
Work Approach and Methodology

PROJECT UNDERSTANDING AND APPROACH
The City stands at the nexus of major existing and planned transportation corridors, including the Southeast Gateway Transit Corridor, Las Angeles County Metropolitan Transportation Authority (LA Metro) Routes 110 and 111, the I-710 Freeway, the Los Angeles (LA) River bike trail, and a potential bus rapid transit line along the Rosemead/ Lakewood corridor. Major transportation corridors such as the Gage, Florence, Eastern, and Garfield Avenues, historically designed to convey large volumes of truck and passenger vehicles, present significant safety challenges for the roughly 20% of residents who commute to work by walking, cycling, or transit. In the last 10 years, there have been over 180 crashes involving pedestrians in the City, mostly concentrated on these facilities. Many of these crashes can be attributed to vehicle-oriented land uses, a high volume of truck traffic, a high concentration of curb cuts, narrow sidewalks, and other factors that will be addressed through the development of the Specific Plan.

These corridors also present a significant opportunity for the City to address longstanding equity issues. Due to the wide rights-of-way of the Florence, Gage, and Garfield Avenues as well as other major arterials in the City, there are opportunities to “right size” the corridors to convey passenger vehicles while adding shade, protective barriers, wider sidewalks, and transit facilities and amenities. While connections to the future LA Metro Southeast Transit Corridor stations at Florence Avenue/Salt Lake Avenue and Firestone Boulevard will be a key driver to improvements along Gage and Florence Avenues, a significant percentage of trips are local. According to Replica data from April 2024, over one-third of average weekday passenger vehicle trips originating in the City ended within a three-mile radius, indicating that improvements to pedestrian and cyclist infrastructure could have a major positive impact on safety, equity, and traffic. Our Existing Conditions Report will feature intensive data collection and analysis, including collisions, vehicle miles traveled (VMT), real-time Replica information, and other data. Perhaps more critically, we will bring the community to the table through a robust program of in-person, public engagement opportunities and events to help the City and Kimley-Horn identify critical challenges and shape the mobility strategy of the Specific Plan.

Like many suburban communities built after 1945, housing options in the City are a mix of single-family homes and multi-family complexes with two to three bedrooms. Homes of this size are inadequate for the relatively larger households in the City. Furthermore, with a median income of just over $50,000 and 25% of residents living below the poverty line, purchasing a home in the City can be difficult when the median home value is over $420,000. As a result, over 75% of residents rent their homes. To address these issues and promote high-quality, affordable housing at densities that can support transit, we will work with the City to craft a zoning code update program that enables a variety of housing types to be built such as small lot subdivisions, townhomes, fourplexes, and others. The Program of Projects will build on the City’s Housing Element to assess barriers and opportunities for specific housing sites and identify infrastructure and other improvements to make them marketable to the developer community and clearly outline the City’s equitable housing strategy.

The Specific Plan will culminate in an implementation-oriented “blueprint” that focuses on policy changes, infrastructure improvements, a housing action plan, and first/last mile projects. Kimley-Horn will leverage our extensive experience securing funding for, designing, and building complete streets and transit corridors to prioritize the key actions that will most effectively improve safety and mobility, promote equity, and expand housing choices.

Project Goals
. Achieving active engagement from
residents, community organizations,
and businesses of all ages and
abilities to develop the project vision
and direction, particularly those from
disadvantaged communities
. Diversifying housing stock that is
largely obsolete for the needs of current
residents, is unaffordable, and is not
of a density sufficient to promote
significant transit ridership
. Promoting economic revitalization
at key nodes and corridors through
placemaking, actionable policies,
infrastructure investments, and
a clear set of actions for all key
stakeholders to follow
. Mitigating heavy trucks and
passenger vehicle traffic congestion
that creates an unsafe situation for
pedestrians and cyclists
. Prioritizing active transportation and
transit investments that yield near-
term environmental, health, equity, and
accessibility outcomes.

During a recent site visit, the Kimley-Horn team observed residents using a wide variety of modes, including the
110/111 bus routes, scooters, bicycles, and walking. We will identify transit amenities, traffic calming solutions, and placemaking opportunities to improve safety and livability for the City
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PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens  TTPS96002.2024
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Scope of Work
Task 1: Project Management Plan and
Team Meetings

1. Project Management Plan
Kimley-Horn will work with the City to refine the project scope, schedule, and budget to meet the objectives of the Specific Plan.

Quality will be verified through independent technical reviews by qualified staff who are familiar with the technical procedures, processes, standards, and guidelines associated with the deliverables in the scope of work. Elizabeth Cobb, the principal-in-charge, will work with the task managers responsible for each major deliverable to perform a QC review with a focus on technical aspects. Each QC review will be documented in one PDF with markups for originators, checkers, and back-checkers and saved to the project files. In addition, we will assign an in-house editor who is independent from the technical team to check each document for voice, consistency, grammar, spelling, and graphics. These multiple rounds of review will be performed internally before deliverables are transmitted to the City for review.

Once under contract, we will prepare a Project Management Plan (PMP) that provides a clear roadmap for hour the project will be led and will include, at a minimum, the following topics:

Â QA/QC process
Â Project charter, including goals and objectives to be met Â Key project team stakeholders, their contact information, and project role
Â Communication protocols, project team (PT) meetings, and informal communication (email, phone calls, etc.)
Â Invoicing protocols, including monthly progress reports Â Work breakdown structure with a summary of deliverables, estimated level of effort, task leads, and production schedule Â Project schedule and milestones (see below)
Â Project ShareFile site and user access protocols
Â Other topics as requested by the City

2. Project Schedule
a. We have included a preliminary project schedule that includes a 15 (fifteen)-month timeline with key milestones and deliverables.

We assume the project will kick-off by October, 2024. This timeline will allow Bell Gardens to complete the Specific Plan in advance of the Caltrans grant deadline and allow for potential project delays.

As noted above, we will work with the City to refine the scope and corresponding schedule and budget as needed. Once complete, we will incorporate the schedule into the final PMP .
b. The final schedule will clearly define major deliverables and deadlines. For major deliverables, we assume the City will have up to a two-week review period to provide comments and markups. Kimley-Horn will provide a comment matrix
with each deliverable to expedite edits once we receive comments from the City.
c. The preliminary schedule assumes 14 (fourteen) monthly PT meetings, which will include the Kimley-Horn team, City staff, Caltrans representatives, and others as appropriate, inclusive of a kick-off meeting. We have also budgeted for informal check- in meetings between project manager Adam Maleitzke, AICP and the City’s designated project lead as well as regular emails and phone calls as needed. Regular communication is the cornerstone of a successful project.
j Deliverables:

1. Project Management Plan (PMP)

2. Project Schedule
Task 2: Research and Analysis
Kimley-Horn will develop a comprehensive existing conditions analysis of transportation and land use conditions within the Specific Plan study area, including a range of planning and engineering studies to (i) define the study area; (ii) summarize opportunities and constraints; and (iii) identify a preliminary list of infrastructure needs and projects to be refined through community engagement and coordination with project stakeholders. We will build on our team’s collective knowledge of the City, Gateway community, knowledge of the Southeast Gateway Transit Corridor, and other previous studies to quickly develop a focused and insightful Existing Conditions Report and Initial Needs Analysis and Memo. Major components of the existing conditions work will include:

1. Plan and Policy Evaluation Summary Analysis
We will prepare a concise and focused review of previous plans that have been developed for the area, including:

1. California’s Streets and Highways Code

2. Caltrans Strategic Plan

3. California Transportation Plan 2050

4. California Bicycle and Pedestrian Plans

5. Southern California Association of Governments’ Regional Transportation Plan (RTP)/Sustainable Communities
Strategies (SCS)

6. LA Metro Active Transportation Strategic Plan and First/ Last Mile Plans

7. Bell Gardens General Plan Circulation and Housing
Elements (2022 update)

8. Bell Gardens Complete Street Plan (2020)

9. West Santa Ana Branch Transit Corridor TOD Strategic Implementation Plan (SIP)

10. Americans with Disabilities Act (ADA) Plans

11. Review of the Bell Gardens Municipal Code, focusing on zoning guidelines and standards (parking ratios, setbacks, permitted uses, FAR/density, etc.)

12. Review of the current discretionary approval process for multi- family residential and mixed-use projects

13. Other relevant plans, as identified by the PT
In addition to a brief description of each plan, we will summarize key findings into a matrix with categories that could include ��

PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens  TTPS96002.2024
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safety, funding, key policies, land use, etc. The matrix will also identify key sections that may be updated through Specific Plan recommendations and the zoning code update.

2. Analysis of Existing Conditions
Based on our team’s pre-proposal site visit and review of current conditions, we assume that the existing conditions work will focus on the following major corridors in the City:

1. Florence Avenue

2. Gage Avenue

3. Garfield Avenue
In advance of the kick-off meeting, Kimley-Horn will issue a Data Request Memorandum to gain access to necessary plans and data not already received by our team.

On the same day of the kick-off meeting, we will work with the City to organize a site visit of key project areas and document our visit with notes and photos.

We anticipate the existing conditions review will include the following topics:

1. High-level demographic profile

2. Overview of building stock and residential/commercial building typologies, character-contributing elements, average rent, and valuation information

3. Current land use and zoning maps

4. Profile of typical lots and site layouts

5. Profile of key commercial corridors including regional shopping centers (Los Jardines, etc.), the Bicycle Casino, and small business corridors

6. Identification of public facilities such as libraries, parks, schools, hospitals, major commercial and employment
centers, and relevant characteristics of each (enrollment, service area, park amenities, etc.)

7. Streetscape physical character, including amenities, current typical cross-sections, placemaking elements, pavement
conditions and size, and access to sidewalks

8. Parking availability for major commercial corridors (off- street and on-street)

9. Map(s) of current transit stops, shelters, routes, and boarding information if available. Proposed transit projects such as the Southeast Transit Corridor and others. Current walk scores and a walkshed analysis (geographic information system [GIS] map of ¼-mile/5-minute walk to the LA Metro Routes 110
and 111 bus stops)

10. Current and proposed bicycle facilities and a 3-mile walkshed analysis, LA River trail and current access points, other trails and connections

11. Park and open spaces with a map and profile

12. Other topics as identified by the City and PT

3. Project Area-Wide Origins-Destinations, Intermodal
Connectivity, and First/Last Mile Needs Analysis and Mapping With the information gathered in Task 2.1, Kimley-Horn will work with the City staff to develop a list of transit-oriented community (TOC) opportunity sites within walking distance of the LA Metro Routes 110 and 111 transit corridors that may be ready for economic revitalization efforts and TOD investment. The list will also be informed by the following:

1. Housing opportunity sites as identified in the City’s 2022 General Plan Housing Element

2. Available data for vacant and underutilized properties

3. Utility information on water shut-offs

4. An analysis of origins and destinations within the Specific Plan study area. Kimley-Horn has already performed an initial analysis using Replica data for the month of April 2024. We will expand on this analysis to identify origins and destinations for average weekday and weekend.

5. Discussions with Bell Gardens staff
Kimley-Horn will draw on a wealth of origin-destination, collision and safety, GIS, and other data to understand current travel patterns and safety constraints of the project area. We are adept at translating a robust analysis into specific first/last mile improvement projects that will improve conditions for pedestrians, bicyclists, and transit riders in the Bell Gardens community.

Kimley-
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PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens  TTPS96002.2024
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The factors above will be incorporated into a First/Last Mile Needs Analysis Map, as well as a GIS exhibit that will identify key destinations within The City and the surrounding area and identify key first/last mile corridors or “desire lines” where the City and Kimley- Horn team should focus its efforts.

4. Equity Study
Our approach to equity is threefold: we will (i) use performance metrics to establish baseline conditions, track the impact of proposed transportation investments using our proprietary Access2Opportunity scenario planning tool, and provide the City with a scorecard for measuring equity as the corridor develops; (ii) develop strategies for mitigating disparities and equity concerns; and (iii) engage directly with the PT and residents and businesses to identify partnerships and programs so that equity goals are embedded in the Specific Plan.

1. We will work with City staff and the PT to identify performance measures and metrics. We anticipate focusing on resiliency, economic mobility, health, connectivity, safety, and All data collection and initial literature review of equity analysis will come from Task 2.1. We will summarize the key equity and health- related concerns throughout the corridor as well as proposed mitigation strategies and programs supplemented by a
customized Access2Opportunity dashboard that will incorporate quantifiable performance metrics prioritized by the PT.

2. Jobs and Services Access: The Kimley-Horn team will
conduct various analyses such as travel time, public transit, demographics, and service location analysis to identify disparities in access by demographic population. The project outreach documentation will be used to outline the community perception on estimating challenges and preferred solutions, and the community walk audits (Task 3) will provide additional insight into the usability of transit services.

3. Housing and Transportation Affordability: We will use the Housing + Transportation Index prepared by the Center for Neighborhood Technology to identify locations within the project area with high household transportation and housing costs relative to Los Angeles County. Additionally, the affordability analysis will evaluate mode share, public transit, income distribution, and housing supply and demand. We will also evaluate the effectiveness of local policies promoting affordable housing and alternative transportation modes and opportunities for inclusionary zoning, rent control, or other strategies.

4. Transportation and Mobility Equity: We will build on the first/last mile findings from our existing conditions work (Task 2.1) and conduct a Bike/Walk Audit with the
community to “ground-truth” findings and understand the key mobility and accessibility challenges that residents in the community are facing.

The Equity Analysis will summarize the key equity priorities, corresponding metrics, input received through public engagement activities and surveys, and also outline the process for incorporating equity-focused priorities into the Specific Plan.

5. Accidents and Safety Analysis and Mapping
Kimley-Horn has conducted a preliminary review of Statewide Integrated Traffic Records System (SWITRS) data to identify trends as it relates to vehicular, pedestrian, and cyclist collisions.

Specifically, we will:

1. Identify high crash locations and crash patterns using five years of historical crash data available from the
Riverside County Transportation Department’s (RCTD)
Crossroad database, supplemented as needed with
University of California, Berkeley Transportation Injury Mapping System (TIMS)

2. Perform a risk factor analysis to identify factors in the transportation network that inhibits safety for all users

3. Conduct a systemic safety analysis to identify high risk road features associated with specific crash types. This analysis will help to identify locations for low-cost improvements such as curve warning signs on horizontal curves to prevent road departure crashes.

4. Prepare an analysis that includes additional analysis focusing on fatal and severe injury crashes, vulnerable road users, school zones, driving behaviors, railroad crossings, transit stops, and residential neighborhoods. Kimley-Horn will
develop a GIS-based data inventory, which will be expanded as additional data is collected during the project development phase. We can also use our subscription to Replica to
review origin-destination data, mode split, and pedestrian/ bicyclist patterns. This information will be used to inform the development of first/last mile and safety improvement projects as part of the Needs Analysis Memo.

6. Needs Analysis
With the information generated in Tasks 2.1-2.4, Kimley-Horn will prepare a Needs Analysis Memorandum. The Needs Analysis Memorandum will include, at a minimum, the following topics:

1. Key Project
Objectives and Metrics

2. Summary of Project Area
Existing Conditions

3. Equity Baseline Analysis

4. Origins, Destinations, and
TOC Opportunity Sites

5. Collisions and
Safety Analysis

6. Profile of Prioritized
First/Last Mile Corridors
and Preliminary List
of Infrastructure
Needs/Improvements
j Deliverables:

1. Research and Analysis
a. Plan and Policy Evalua tion Summary Analysis
b. Analysis of Existing Conditions

2. Project Area-Wide Origins, Destinations, and Intermodal Connectivity Analysis and Related Maps

3. Equity Study

4. Accident/Safety Data and Related Maps

5. Initial Needs Analysis and Memo
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PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens  TTPS96002.2024
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Task 3: Stakeholder Engagement Plan
The Kimley-Horn outreach team, led by Monica Villalobos and Tatiana Lundstrom, will integrate the findings from the Equity Analysis to lead a robust community engagement process that will meet the community where they are through a variety of in- person and virtual engagement activities and tools. Our team is adept at creating content, visualizations, resources, and tools to tell a story that citizens can understand and that enable equitable participation. We will listen to understand, educate, and demonstrate how our outreach shapes the implementation of the Specific Plan.

Using our local and national experience, we employ emerging and forward-thinking practices along with proven grassroots methods to accomplish project goals.

1. Stakeholder Engagement Plan
Kimley-Horn will prepare a Stakeholder Engagement Plan (SEP), which will be a living, working document to make sure we have captured the strategies needed to reach our audiences, including the general public, committees, organizations, and officials. The SEP will contain the schedule for engagement—tiering off of existing community events and gatherings to meet people where they are—creating forums and charrettes, and identifying thoughtful and respectful ways to reach low-income, minority, un-housed, and hard-to-reach populations. We will follow best practices from outlined resources and track and evaluate progress throughout the project so that our desired audiences are actively engaged in the process. If we find that we are not meeting our goals, we will pivot to incorporate additional measures. At a minimum, the SEP will include:

1. Project objectives and goals, informed by the Equity Analysis (Task 2.3) and strategies to engage hard-to-reach populations

2. City staff will be responsible for direct outreach
to stakeholders.

3. Summary of proposed in-person and virtual engagement events and tools

4. City staff will coordinate the selection and use of venues throughout the project and be responsible for any agreements or fees necessary to host events.

5. Other topics as identified by the City staff and the PT

2. Project Website, Social Media Interactive Town Hall, and Marketing/Publicity
The SEP will be supplemented by an active and engaging
social media and marketing/publicity campaign that will include the following:

1. Contact List: City staff will take the lead on this task..

2. Project Webpage: The webpage will contain a project
overview, document activities, and be a trusted resource for the community to find up-to-date information, access to frequently asked questions, and ways to communicate with the project team.

3. Social Media: We will work through the City’s existing social media channels (Facebook, X, and Instagram) and develop key messaging that will coincide with publishing of major deliverables and events.

4. City staff will be responsible for distributing all
flyers and postcards.

5. Interactive Town Hall: In advance of the first public workshop, Kimley-Horn will use our proprietary Public
Coordinate tool, along with a virtual and printed survey, to collect community input on mobility and housing challenges within the project area. Public Coordinate is a virtual, intuitive, Our team, including several members of the technical
and outreach team, is bilingual and multicultural— a
critical factor in the success of the Specific Plan in
a community where over 40% of residents are
foreign-born and 96% are Latinx.

Kimley-Horn will use
PublicCoordinate to serve as the
platform for the Interactive Town Hall
Event. We developed this platform
to be intuitive, easy to use, and
compatible with desktop and mobile
devices. PublicCoordinate will allow
Bell Gardens residents to report on
critical areas for improvement and
participate in an interactive forum for
discussion with other residents about
first/last mile and transit needs.

Project Manager Adam Maleitzke facilitated a walking tour with stakeholders for the Paramount/South Gate Station Area Vision Plan project for communities near the West Santa Ana Branch/Southeast Gateway Transit Corridor. Our first open house event will take the form of a walking tour with residents to collectively identify barriers to TOCs and walking/cycling in Bell Gardens.
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PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens  TTPS96002.2024
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interactive mapping tool that allows participants to add placemarks and report intersections and corridors that are unsafe, identify bus stops, streets, and properties that the City and Consultant team should focus on, and allow for dialogue with other community members on topics important to
residents and businesses.

3. Community Survey
The information received through the Interactive Town Hall will be complemented with input received through a separate online and in- person survey collected through two (2) in-person pop-up events (Task

3.4). To the scope, we have added an intercept survey. Kimley-Horn will locate two staff at major intersections and bus stops throughout the project area and ask people questions regarding their experiences cycling, walking, and taking transit in the City of Bell Gardens. This has been an effective method of engagement for several projects and yields on-the-ground information directly from the community.

4. Community Outreach meetings, Open House Events,
and Workshops
Guided by the principles outlined in the Equity Analysis and SEP , Kimley-Horn will lead and facilitate the following events in both English and Spanish:

1. Virtual and In-Person Open Houses (two)
i. Virtual: Once the City has reviewed and approved
the Needs Analysis Memorandum and Equity Analysis,
Kimley-Horn will facilitate a virtual Open House. Select City staff and Kimley-Horn team members will introduce
the project and discuss the key findings and preliminary recommendations during the first half of the meeting,
focusing on themes such as equity, safety, access/
mobility, housing, and amenities. We anticipate using
Zoom or another platform preferred by the City. For the second half of the meeting, Kimley-Horn will facilitate a virtual question and answer (Q&A) session for residents and businesses to ask questions or discuss their
priorities/goals for the project and concerns about issues in the project area. The session will be recorded, and a transcript/summary will be provided to the City staff.
ii. In-Person: Once the draft Specific Plan and
recommendations has been released, Kimley-Horn
will work with City staff to secure a venue for an in-
person Open House Session. Breakout tables will be
designated for those who prefer to engage in Spanish,
and direct translation will be provided during the Q&A
session. Presentation materials will be made available
in Spanish for audience members to follow along with
the PowerPoint presentation. Following the presentation, participants will be invited to explore key aspects of the Specific Plan presented through boards, Lego models,
and other interactive exhibits. City and Kimley-Horn
team staff will be available to answer questions in
English and Spanish.
iii. Alternatively, as indicated in the scope, Kimley-Horn can facilitate two in-person open houses (one in the east and one in the west), but we recommend holding an in-person and virtual town hall sessions as described above to
provide a variety of ways for residents and businesses to engage with the PT.

2. Public Workshops (three)
i. The first public workshop will be organized as
a Bike/Walk Audit to be held on a day that is most
convenient for residents. Over a several-hour period, we anticipate organizing walking tours with routes that are located throughout key nodes in the project area. The
routes will be determined by public input received to date and the Needs Analysis Memorandum. The intent is to
allow residents to walk around their neighborhood and
assess, with clipboards and customized forms, existing
conditions for pedestrians and cyclists and suggest
improvements that may improve safety and access to
walking, cycling, and the LA Metro Routes 110 and 111
transit corridors. Kimley-Horn will document all completed forms and summarize/map key findings.
ii. The second and third public workshops will be organized as interactive design workshops with a number of engaging activities that will allow participants to identify appropriate housing typologies and complete street and first/last mile improvements for the focus areas prioritized in the Needs Assessment Memorandum, Interactive Town Hall/Public
Coordinate tool, and open houses. For each workshop,
we anticipate the following activities, but we will work with Bell Gardens staff to refine the workshop agenda as part of the SEP:

1. Introductory Presentation: Kimley-Horn will
Engaging design workshop led by Project Manager Adam Maleitzke to envision transit- oriented development opportunities and first/last mile improvements near the future Southeast Transit corridor Paramount and South Gate stations. Kimley-Horn will lead similar creative, engaging activities to help residents shape the vision of the Specific Plan. ��

PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens  TTPS96002.2024
 7
present (i) what we have heard from the community
so far; (ii) initial findings from the Consultant team; (iii) summary of opportunities and constraints; and
(iv) focus areas. The facilitator will then provide an
overview of the workshop format.

2. Breakout tables:
a. Mobility Projects: Large base maps with
“stickers” representing bicycle and pedestrian
improvement projects, supporting profiles of first/
last mile improvements from NAACTO/other toolkit
information, existing cross sections and scaled
“cut-outs” of bicycle and pedestrian facilities to
generate alternative complete street plans, or
other interactive and engaging activities
b. Housing and TOD Projects: Multi-colored Legos
(roughly 60 scale), base maps, and profiles of
TOD/housing typologies. For the opportunity sites,
participants will create development scenarios
and identify housing typologies that they think are
appropriate for their neighborhood and meet the
goals of the Specific Plan.
c. Each breakout table will include a facilitator
from the City or Kimley-Horn team. Facilitators
will guide the discussion towards a set of
recommendations to report-out to the rest
of the workshop.

3. Report-out: workshop participants will walk from
table to table, and a representative will discuss their mobility or housing visions for the project area.

4. The workshop facilitator will provide closing remarks and discuss next steps in the project, including future opportunities for public engagement.

5. Kimley-Horn will summarize the discussions and
recommendations from each breakout table as part
of a memorandum that will be shared with City
staff and the PT.

3. Pop-up Events (added to scope): Kimley-Horn has added participation in up to two pop-up events, to be held at festivals within the project area such as the 4th of July Festival, Memorial Day Service, or other events with a large draw. We anticipate staffing a tent with a table, preparing boards to describe the project and key issues, and distributing survey postcards with quick response (QR) codes to invite visitors to take the survey or engage with the Interactive Town Hall/Public Coordinate site. j Deliverables:

1. Stakeholder Outreach and Engagement Plan

2. Postcards, Project Website, Social Media Content, Meetings Notices, Presentations, and Notes

3. Project Website, Social Media/Interactive Town
Hall Site/Surveys

4. Facilitated Mandatory Community Engagement/Outreach
Meetings and Activities
Task 4: Policy Framework & Proposed
Connectivity Projects

1. Goals, Objectives, Policies, and Performance Measures Kimley-Horn will work with City staff and the PT to establish project goals, objectives, and corresponding performance metrics that (i) guide the development of the plan and, once the Specific Plan is adopted; and (ii) track the Specific Plan’s impact on health, equity, economic, mobility, safety, and other factors. These metrics will be used throughout the development of the Vision and Implementation Plan to evaluate real-time scenarios and inform the development of mitigation measures and strategies to improve livability as the Specific Plan is implemented long-term. These will be based on input received through the survey, Town Hall/Public Coordinate, findings from the Equity Analysis, and other public engagement activities.

Potential metrics could include quantifiable impacts on VMT, transit ridership, rent burden, pedestrian and cyclist collisions, housing starts and affordable units generated, housing affordability, business counts, and others as prioritized by the PT and community. Once the metrics have been identified, Kimley-Horn will establish baseline conditions, identify data sources, and prepare a plan to annually collect and update the scorecard as the prioritized program of projects is implemented.

2. Best Practices - Design Elements Toolkit
Kimley-Horn will draw upon existing resources, including Caltrans’ Complete Streets Toolbox and Smart Mobility Framework, to develop a menu of potential complete street treatments that may be applied in Bell Gardens. We also recommend using the SCAG High Quality Transit Area (HQTA) Toolkit, developed by Kimley-Horn’s project Kimley-Horn’s Access2Opportunity dashboard will add an equity lens to the development of first/last mile improvements as they are envisioned with residents, stakeholders, and Bell Gardens staff.
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PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens  TTPS96002.2024
 8
manager Adam Maleitzke, AICP, which includes an extensive collection of complete street treatments with descriptions, annotated diagrams, best practices and design guidelines, and precedent imagery. This information will be formatted into a concise toolkit, with half-page profiles drawing on the information above, and will be used during the design workshops and other engagement activities to help educate the public about best practices for first/last mile improvements.

3. Zoning Code Update Program
Task lead Xiaofan Li, who has an extensive background in preparing Specific Plan and zoning code updates, will lead the preparation of the zoning code research and code update activities. This work will include the following:
a. Best Practices: Review of municipal codes for up
to three (3) peer Southern California cities that have
recently adopted TOC zoning standards as part of the
latest Regional Housing Needs Allocation (RHNA) cycle.

The summaries will discuss the discretionary or by-right approvals process, standards including setbacks, FAR/
DUPA, lot coverage, provision of open space, amenities, fees, density bonuses, parking ratios, permitted uses and/ or building typologies (if a form-based code was adopted), building height, and other standards as applicable. Each summary will include a concise overview of the key
changes and a table of the proposed TOC standards.
b. Community Goals and Priorities: Matrix summary of the key themes and priorities expressed by the public through project engagement efforts and the existing plan review outlined in Task 2.
c. Zoning Code Recommendations and Zoning Map:

One (1) meeting with representatives from the Community Development, Recreation and Community Services, and
Public Works departments to review and discuss draft
zoning changes proposed by the Kimley-Horn team and
determine the inclusion of specific parcels. Kimley-Horn will incorporate feedback from City staff and issue a redlined version of the City’s zoning code as well as a corresponding map with the proposed changes.

4. Proposed Affordable Housing Program Projects
Working with Bell Gardens staff, we will prepare up to three (3) profiles of TOC Opportunity Sites that will serve as a marketing tool as the city engages with developers, pursues funding, and seeks to realize transit-oriented community investment projects. Each profile will include, at a minimum:

Â Identification of existing utilities and sizing (GIS map and high- level description)
Â Location of proposed first/last mile projects and integration with the TOC sites
Â Opportunities for bus shelters, bike storage, wayfinding signage, and other amenities for transit riders, bicyclists, and pedestrians
Â SketchUP massing models depicting a potential TOC
development scenario
Â Precedent imagery from the Design Elements Toolbox/
HQTA Toolkit to depict potential housing/mixed-use
development typologies
Â Planning-level total development cost estimate
Â Table depicting the proposed TOC Zoning Standards developed by Kimley-Horn and Bell Gardens staff that will inform the development of each site
Â List of potential funding sources for TOD projects
Â List of near-term and long-term implementation actions and a responsibility matrix
To the scope, we have added a Developer’s Roundtable. Project Manager Adam Maleitzke, AICP has facilitated several developer roundtables for projects such as the Riverside County Transportation Commission TOC Strategic Plan and Corona Housing Element Rezoning Program and can bring a wide variety of market rate and affordable housing developers to the City. Once the TOC Opportunity Site profiles have been created, Kimley-Horn will organize a roundtable to discuss the development constraints of each site and propose mitigation strategies to unlock TOC investment.

5. Bicycle Program of Projects
Kimley-Horn will identify and recommend improvements to the on-street bicycle facilities network. In partnership with stakeholders, including the PT, Kimley-Horn will conduct an analysis of existing and proposed projects to determine feasibility and appropriateness, as projects prioritized by the community may not have been included in previous plans. Input collected through public outreach will also be incorporated into the listing of proposed projects. Additional on-street For the SCAG HQTA Vision Plan for the City of Riverside, Project Manager Adam Maleitzke led the preparation of plans, cross sections, and itemized cost estimates for recommended first/last mile improvement projects as part of a TOC study. We will work with Bell Gardens to develop grant-ready profiles of first/last mile projects with tailored funding packages and identify near-term improvement projects to accelerate safety and mobility improvements for Bell Gardens residents.
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PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens  TTPS96002.2024
 9
bicycle network recommendations shall be determined through technical analysis of demand, gaps and opportunities for connectivity.

A high-level feasibility study will be performed for all recommended bikeway projects to identify projects that can be implemented within the existing right-of-way. Kimley-Horn will make an effort to propose low-cost projects where feasible and recommend phased approaches for short- and long-term solutions where necessary. Kimley-Horn will facilitate a two-hour-long workshop with City staff to discuss preliminary projects before the profiles are developed. Each project profile will include a description, existing and proposed typical cross section, 5% typical segment plan over aerial photography, potential constraints, and other characteristics, as deemed necessary by Bell Gardens staff. In addition to the profiles, Kimley-Horn will prepare a GIS map of proposed pedestrian improvements selected by the City.

6. Pedestrian Program of Projects
Kimley-Horn will identify and recommend improvements to the pedestrian network for people walking and using mobility assistance devices such as wheelchairs. Kimley-Horn will use previous planning studies as a starting point for a list of pedestrian projects, and then work with City staff to include locally desired projects that may not have been included in previous plans and also include appropriate gap closures and connections between existing communities and areas planned for development. Input collected through community outreach events and the community survey will also be incorporated into the list of desired projects. Kimley-Horn will facilitate a two-hour-long workshop with City staff to discuss preliminary projects before the profiles are developed. In addition to the profiles, Kimley-Horn will prepare a GIS map of proposed pedestrian improvements selected by the City.

7. Proposed ADA Program of Projects
We will use the findings from the Initial Needs Analysis Memo and proposed program of pedestrian and bicycle improvements to recommend key intersections where ADA curb ramps are needed. All recommended projects will be mapped in GIS.

8. Safe Routes to School (SRTS) Program of Projects
Kimley-Horn will utilize existing collision data, traffic counts, and speed data within ¼ mile of each of the school bus stops within the Specific Plan project area to identify trends related to school travel patterns and recommend countermeasures. We will examine various factors for collisions including time of day, primary collision factor, California Vehicle Code violations, age and gender of involved parties, and party at fault.

The results of the school audits will help inform recommendations for traffic control devices, circulation patterns, and pedestrian and bicycle enhancements on public roadways adjacent to school bus stops. Kimley- Horn will also develop recommendations for education, awareness, enforcement, and safety programs for students in local schools. j Deliverables:

1. Goals, Objectives, Policies, and Performance Measures

2. Design Elements Toolbox and Best Practices

3. Zoning Code Updates Program, Maps, Schematics, and
Recommendations

4. Proposed Affordable Housing Program of Projects,
Maps, Schematics, and RecommendationsProposed
Bicycle Program of Projects, Maps, Schematics, and
Recommendations

6. Proposed Pedestrian Program of Projects, Maps,
Schematics, and Recommendations

7. Proposed ADA Program of Projects, Maps, Schematics, and Recommendations

8. Safe Routes to School Program of Projects, Maps,
Schematics, and Recommendations
Task 5: Prepare Planning Documents
(Draft and Final Plan)

1. Project Prioritization
Kimley-Horn will conduct a usage assessment of proposed projects developed in Task 4 and will score them based on cost, potential use using NCHRP 552 methodology, and role in the Citywide network. The projects will be grouped into tiers based on those scores to help the County prioritize which projects should be constructed within the first two years, and which can wait for specific funding opportunities or maintenance cycles that may span multiple years.

2. Funding Sources and Strategies:

Funding specialist Alyssa Phaneuf, P .E. will draw upon unit cost information generated from Active Transportation Plans (ATP) prepared for other California clients in 2023 to develop itemized cost estimates for prioritized projects, including contingencies to cover expenses such as maintenance and operations. Kimley-Horn will also develop a compiled matrix of funding sources to plan and implement the mobility improvements proposed in the plan within the short term (two-year) and long term (2+ year) time horizons. The funding sources may include local, regional, state, and federal sources, and would include a variety of fund types, including transportation, air quality, water quality, health, and sustainability. The funding list will include details on what each funding source can address, such as feasibility analysis, environmental review, right-of-way acquisition, final design, construction, maintenance and operations. The matrix will include the anticipated next call for applications date, if available, and other key information needed for the applications.
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PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens  TTPS96002.2024
 10

3. Administrative Draft Bell Gardens TOC Specific Plan and Zoning Code Update: Environmental Scan, IS/MND
Kimley-Horn will compile applicable findings, figures, and recommendations from previous tasks to prepare the Administrative Draft Specific Plan. We anticipate that the Administrative Draft Specific Plan will include the following chapters:
a. Plan Information: Table of contents, index of tables, diagrams, and maps
b. Executive Summary: Plan intent, plan area description, high-level recommendations, and discussion of process
c. Introduction: Maps and description of the plan area, summary of existing conditions, needs assessment,
relationship to other plans, and relationship between
policies and regulations
d. Zoning Code Update and Land Use Changes: Project
goals, objectives, and metrics, updated zoning code map, table with changes to development standards, purpose and intent of regulations, design standards
e. Infrastructure Plan: Evaluation metrics, list of prioritized mobility (bicycle, pedestrian, SRTS, and ADA) projects and funding sources, cost estimates, project profiles, phasing, and map of proposed projects and descriptions
f. Consistency with the General Plan and negative
declaration determination
g. Specific Plan administration and Enforcement
h. Appendices: Memoranda developed for the project,
supporting maps, tables, and other figures
Kimley-Horn will work with City staff to determine the detailed outline and Specific Plan content prior to preparation of the Administrative Draft Specific Plan. We have also added one professional rendering to the scope to help illustrate the key components of the Specific Plan and Zoning Code Update. Environmental Planning Lead Jessie Barkley, AICP will work with Bell Gardens Staff to prepare an Environmental Scan, which will assess the topics that will be covered during the preparation of the Mitigated Negative Declaration (MND).

Once a project description has been finalized, Kimley-Horn will prepare an Initial Study and MND and supporting technical reports, including a traffic study that assesses Vehicle Miles Traveled (VMT) impacts only. This proposal assumes that an Environmental Impact Report (EIR) will not be necessary and is not assumed in the proposed budget. If deemed necessary to clear the project, an EIR would be prepared through a separate contract.

4. Release Draft Transit-Oriented Communities Specific
Plan and Zoning Code
Once the Administrative Draft is completed, we will transmit to the City for a three-week review by City departments, incorporate feedback received through the comment matrix, and issue the public draft of the BG-TOC/ZCU. Kimley-Horn will prepare and present the Specific Plan at the second open house as described in Task 3, focusing on the priority projects and zoning code update recommendations. We will also work with Bell Gardens staff to prepare presentation materials and information for City staff reports as part of a City Council public hearing, which Kimley-Horn will staff.

5. Finalize Transit-Oriented Communities Specific Plan
and Zoning Code
We will incorporate comments received from the final open house and Public Hearing and issue a Final BG-TOC/ZCU. All major deliverables, notes, and presentations prepared for the project will be transmitted to the City using the project ShareFile site for future reference and use.
j Deliverables:

1. List of prioritized projects based on feasibility, likely funding availability, and community feedback

2. Proposed list of funding sources, including framework for Phases and Partnerships

3. Environmental Scan, IS/MND, and supporting
technical reports

4. Draft Specific Plan

5. Public Meeting Agenda, Presentation, Meeting
Minutes, and Notes

6. Final Specific Plan

RICKENBACKER
Kimley-Horn will prepare a professional rendering to help the City market TOC Opportunity Sites, build community support for the vision plan, and ��
PROPOSAL FOR The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update  11
City of Bell Gardens  TTPS96002.2024
2024 - 2025
Milestones Existing Conditions Project Alternatives Public Workshops + Popups Draft Specific Plan + Zoning Code Update Public Hearing + Approval
Project
Closeout
SEP-24 OCT-24 NOV-24 DEC-24 JAN-25 FEB-25 MAR-25 APR-25 MAY-25 JUN-25 JUL-25 AUG-25 SEP-25 OCT-25 NOV-25 DEC-25 Task 1 Project Management Plan and Team Meetings

1.1 Project Management Plan

1.2 Project Team Meetings
Task 2 Research & Analysis

2.1 State, Regional and Local Agency Plan/Policy Review

2.2 Analysis of Existing Conditions Study

2.3 Project Area-wide Origins-Destinations (Mobility), Intermodal Connectivity, and First/Last Mile Needs Analysis and Mapping

2.4 Equity Study

2.5 Accidents and Safety Analysis and Mapping

2.6 Needs Analysis
Task 3 Public Engagement Plan

3.1 Stakeholder Engagement Plan

3.2 Project Website, Social Media Interactive Town Hall, and Marketing/Publicity

3.3 Community Survey

3.4 Community Outreach Meetings, Open House Events, and Workshops (Varied In-person/Online)
Task 4 Policy Framework & Proposed Connectivity Projects

4.1 Goals, Objectives, Policies, and Performance Measures

4.2 Best practices – Design Elements Toolbox

4.3 Zoning Code Update Program

4.4 Proposed Affordable Housing Program of Projects

4.5 Proposed Bicycle Program of Projects

4.6 Proposed Pedestrian Program of Projects

4.7 Proposed ADA Program of Projects

4.8 Safe Routes to Schools Program of Projects
Task 5 Prepare Planning Documents (Draft and Final Plan)

5.1 Project Prioritization

5.2 Funding Sources and Strategies

5.3 Administrative Draft Bell Gardens TOC Specific Plan and Zoning Code Update; Environmental Scan, IS/MND

5.4 Release Draft Transit-Oriented Communities Specific Plan and Zoning Code Updates

5.5 Finalize Transit-Oriented Communities Specific Plan and Zoning Code Adoption Kickoff Project Team Meetings OUTREACH MILESTONES
Draft Deliverable for Review by City Planning Commission/Public Hearing A Website + Initial Social Media Posts D Interactive Town Hall (ongoing, 3.5 months) G Workshops 2 + 3 Final Deliverable Project Completion B Survey Released E Workshop 1 H In-Person Open House C Virtual Open House F Pop-Up Events (2)
A
B
C
D

E F G H
Project Schedule
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PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens  TTPS96002.2024
 12

3. Management and Staffing
Project Team
Kimley-Horn offers a highly skilled, experienced, and responsive team of professionals who have a proven record of successfully addressing the City’s needs for a program that provides a safe and reliable transportation network that serves all your residents and respects the environment. Kimley-Horn’s key staff members have a history of working effectively with local agencies and communities to develop strategies that will reach community audiences, stakeholders, proper owners, and developers.

Adam Maleitzke, AICP will be your main point of contact and project manager, and he will have primary responsibility for this project. Adam has been a key figure in the Los Angeles Greater Metropolitan Area, leading large-scale transportation, TOCs, and land use projects. Supporting Adam are specialists that include Monica Villalobos, who has over 20 years of experience overseeing award-winning community engagement strategies and is passionate about making sure the public is well informed of projects as well as heard, and Darryl DePencier, AICP , GISP , RSP2b, who has completed over 40 recent SSARs, LRSPs, and RSAs throughout Southern California and has the experience as well as the knowledge of statewide, regional, and local requirements to put together a successful first/last mile plan.

We are excited for you to meet and learn more about our team. Our organization chart is provided below, and resumes of our key staff, which include their special qualifications, training, credentials, titles, roles, qualifications, and experience, are provided on pages 13.

Organizational Chart
Management of Staffing
We have selected a team of seasoned professionals who offer the high level of responsiveness you need for this project. The depth of our staff in the required areas of expertise and our familiarity with your needs will allow us to maximize our coordination efforts while integrating resources, adhering to project schedules, and managing the budget effectively. With these processes in place, we can meet the technical and staffing needs anticipated for this contract.

We understand our clients expect us to manage and deliver project services effectively and expeditiously. Your project manager, Adam Maleitzke, AICP , will use our proactive management system known as “cast-aheads” to detail personnel needs and determine availability each month. Our cast-ahead system schedules and organizes 1-, 3-, and 6-month looks into each person’s future workload, providing an accurate tool for keeping projects on schedule. Based on a review of our cast-aheads, the individuals selected for this team are available immediately to serve you and are in an excellent position to handle the workload required to complete this project.

Specific Plan and Zoning Update
/ Xiaofan Li
Adam Maleitzke, AICP
Bryant de la Torre
First/Last Mile Planning
/ Darryl DePencier, AICP , GISP , RSP2B
Sri Chakravarthy, P .E., T.E.

Matt Horton, AICP
Tyler Lindberg, AICP
Equity and Outreach
Monica Villalobos
Tatiana Lundstrom, P .E.

Principal-in-Charge
Elizabeth Cobb
City of
Bell Gardens
Project Manager
Adam Maleitzke, AICP
Environmental
Jessie Barkley, AICP
Mayra Garcia, LEED GA
Implementation Plan
Alyssa Phaneuf, P .E. / = Task Lead
/ /
/
/ /
Strategic Advisor
Dave Barquist, AICP
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PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens  TTPS96002.2024
 13
Adam is a planner and urban designer with more than 17 years of experience leading large-scale transportation, TOC, and land use projects for clients throughout Southern California and beyond, and has worked in the private, public, and non-profit sectors. He is skilled at managing the preparation of master plans, station area plans, active transportation plans, streetscape plans, and feasibility studies, managing large multidisciplinary teams.

Adam has also led and facilitated stakeholder meetings and public engagement events to establish a project vision and forge consensus as part of small group sessions and large public events. Recent projects include station design and planning services for the California High Speed Rail Authority, Sound Transit, and LA Metro, as well as station area planning and Specific Plan preparation for emerging TOCs along emerging Light-Rail Transit (LRT) and commuter rail station areas. Adam excels in leading projects that seamlessly integrate land use and transportation and brings a critical skill set for designing walkable, livable communities that promote equity, and mobility, and lead to a climate-resilient future.

RELEVANT EXPERIENCE
• City of Bakersfield, Active Transportation Plan, Bakersfield, CA – Project Planner • Riverside County Transportation Commission (RCTC), TOC Strategic Plan, Riverside County, CA* – Project Manager
• Sound Transit, Everett Link Extension and Operations and Maintenance Facility North, Seattle, WA – Project Planner
• San Bernardino County Transportation Authority (SBCTA)/Southern California Association of Governments (SCAG), Advanced Regional Rail Integrated Vision (ARRIVE) Corridor, San Bernardino, CA* – Senior Planner
• California High Speed Rail Authority (CHSRA), Los Angeles-to-Anaheim Project, Los Angeles to Anaheim, CA* – Director of Planning
• City of Palm Desert, Rail Station Feasibility Study, Palm Desert, CA – Senior Advisor • Omnitrans, West Valley Connector, San Bernardino, CA* – Project Manager • U-PLAN Community Planning Studio, St. Paul, MN* – Program Director • SCAG, High-Quality Transit Area Analysis, Los Angeles, CA* – Project Manager • SBCTA, Omnitrans West Valley Connector, San Bernardino, CA* – Project Manager • North County Transit District (NCTD), Solana Beach Transit Center Joint Development Plan, Solana Beach, CA* – Project Manager
• City of Long Beach, Downtown and TOD Pedestrian Master Plan, Long Beach, CA* – Project Manager
• St. Paul Metropolitan Council, TOD and Infrastructure Grant Management, St. Paul, MN* – Senior Planner
*Prior to joining Kimley-Horn
Adam Maleitzke, AICP
Project Manager
Education
• Master of Landscape
Architecture,
University of Minnesota
• Master of Urban and
Regional Planning,
University of Minnesota
• Bachelor of Arts,
Architecture, Urban Studies,
University of Minnesota
Professional Credentials
• American Institute of
Certified Planners, #027697
• Urban Land
Institute (ULI), Member
• American Planning
Association (APA), Member
Resumes
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PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens  TTPS96002.2024
 14
Elizabeth brings nearly 30 years of policy planning expertise with a comprehensive knowledge of land use development involving acquisition, forward planning, entitlement, financing, and implementation. She brings a unique mix of public and private experience to planning and land development services. She has managed projects through pre-development, and is responsible for preliminary site plans, evaluating infrastructure, site development costs, and directing the entitlement process for new developments, including General Plan amendments, zone changes, subdivision and CEQA compliance. Elizabeth has functioned as a project-level community liaison responsible for public outreach, public relations, and public hearings.

RELEVANT EXPERIENCE
• AT Dublin, Specific Plan and Entitlements, Dublin, CA – Project Manager • The Dunes, Specific Plan and Entitlements, Marina, CA – Project Manager • Eden Shores Industrial Park, Specific Plan Amendment, Hayward, CA – Project Manager • City of Seaside, Campus Town Project Management Services, Seaside, CA – Project Manager • City of Fremont, Fremont and Capitol Mixed-Use, Re-Entitlements, Fremont, CA – Project Manager • Hitachi Apartments, Entitlements for 600-Unit Apartment Development, San Jose, CA – Project Manager
• Capehart Residential, Entitlement Processing, Novato, CA – Project Manager • Hamilton Affordable Housing Program, Novato, CA – Project Manager • Randall Industrial, Entitlement for 140,000 SF Industrial, Huntington Beach, CA – Project Manager • City of Irvine, General Plan and Circulation Element Update, Irvine, CA – Project Manager • City of Irvine, Trail Master Plan Update, Irvine, CA – Project Manager • Tustin Legacy, Specific Plan, Design Guidelines and Entitlements, Tustin, CA – Project Manager • Vantis Mixed-Use, Specific Plan and Entitlements, Aliso Viejo, CA – Project Manager • ILARA Apartments, Entitlements for 200-unit Apartment Development, Milpitas, CA – Project Manager
• Mercado Mixed-Use Redevelopment, Entitlements, San Diego, CA – Project Manager • City of Carlsbad, City-Wide Traffic Mitigation Plan, Carlsbad, CA – Project Manager Elizabeth Cobb
Principal-in-Charge
Education
• Bachelor of Arts, Social
Ecology, University of
California, Irvine
• Associate, University of
Southern California
Professional Credentials
• Urban Land
Institute (ULI), Member
• American Planning
Association (APA),
Multifamily Local Council
Resumes
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PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens  TTPS96002.2024
 15
Dave has more than 25 years of public-and private-sector planning experience including extensive work in urban design, comprehensive planning, policy analysis and development, environmental analysis, local government policy, downtown revitalization planning, parks and recreation planning, sustainability, and land use analysis. He excels in utilizing community engagement and public outreach programs to guide public policy development.

Dave has led hundreds of public meetings and is well-versed in finding locally specific techniques and tools to engage the community in the planning process. As an expert in crafting local government policy, Dave brings a multi-disciplinary approach to meeting the needs of complex planning programs, including Specific Plans, General Plans, zoning codes, Housing Elements, and Development Code updates.

RELEVANT EXPERIENCE
• Rancho Los Amigos, South Campus TOD Specific Plan, Downey, CA – Project Manager • El Monte Transit Village Specific Plan, El Monte, CA – Project Manager • Downtown/Old Town Indio Specific Plan Update, Indio, CA – Project Manager • Yorba Linda General Plan Update and Community Outreach and Parks and Recreation Master Plan, Yorba Linda, CA – Project Manager
• Whittier Boulevard Specific Plan Moratorium Analysis and Amendment, Whittier, CA – Project Manager
• San Jacinto Downtown Specific Plan, San Jacinto, CA– Project Manager • Route 66 Corridor Specific Plan and Community Outreach, Glendora, CA – Project Planner • Imperial Highway Corridor Specific Plan and Community Outreach, La Mirada, CA – Project Manager
• Paseo San Gorgonio Specific Plan - SCAG Compass Blueprint Demonstration Project, Banning, CA – Project Manager
• CenterLine Urban Transit Corridor and Community Outreach and Transit-Supportive Development Guidelines, Orange County, CA – Project Planner
• Citywide Design Guidelines, Santa Ana, CA – Project Manager • University District Specific Plan, San Marcos, CA – Principal-in-Charge Dave Barquist, AICP
Strategic Advisor
Education
• Bachelor of Science, Urban
and Regional Planning,
California State Polytechnic
University, Pomona
• Society of College and
University Planners
Professional Credentials
• American Institute of
Certified Planners, No.
136746
• American Planning
Association (APA), Member
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PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens  TTPS96002.2024
 16
Darryl has been leading transportation safety projects for over 16 years, including over 40 recent SSARs, LRSPs, and RSAs. He has developed a number of tools to root out the spatial relationships between collision events to determine the factors and conditions that increase the probability of vehicle crashes. His experience ranges from establishing safety policy language to network screening, crash site engineering reviews, and developing countermeasure toolboxes. Darryl also conducts statistical analyses of crash activity using methods presented in the Highway Safety Manual, the Local Roadway Safety Manual, and customized analyses for unusual locations or conditions. He has worked on studies at the statewide, regional, local, and site-specific levels that incorporate all of the four Es of safety (engineering, education, enforcement, and emergency services). HIs work products include guidance documents, local roadway safety plans, safety thresholds, safety audits, and local countermeasure recommendations.

RELEVANT EXPERIENCE
• City of Bakersfield, Active Transportation Plan, Bakersfield, CA – Project Manager • City of Menifee, LRSP , Menifee, CA – Project Manager • City of Palm Desert, LRSP , Palm Desert, CA – Project Planner • City of Fort Worth, Vision Zero Safety Plan, Fort Worth, TX – Project Planner • City of Los Angeles, Vision Zero Program Independent Evaluation, Los Angeles, CA – Project Planner
• City of Palmdale, Palmdale Sustainable Transportation Plan, Palmdale, CA – Project Manager and Task Lead
• Caltrans, 2020 - 2024 Strategic Highway Safety Plan, Statewide, CA – Project Planner • Caltrans, Vulnerable Road User Safety Assessment, Statewide, CA – Project Manager • Caltrans, Local Development Safety Review Guidelines, Statewide, CA – Project Manager • Caltrans, CMAS Safety Performance Management Target Setting Analysis, CA – Project Planner • City of Indian Wells, Safety Action Plan, Indian Wells, CA – Project Manager • City of Desert Hot Springs, LRSP Desert Hot Springs, CA – Project Manager • Imperial County, LRSP , Imperial County, CA – Project Manager • City of Ventura, SAR, Ventura, CA – Project Manager
Darryl DePencier, AICP , GISP , RSP2B
First/Last Mile Planning
Education
• Master of Science, Urban
Spatial Analytics, University
of Pennsylvania
• Bachelor of Arts, Geography,
Carleton University,
Ottawa, Ontario
• Certificate of Geographic
Information Systems,
Algonquin College,
Ottawa, Ontario
Professional Credentials
• American Institute of
Certified Planners, #026552
• Geographic Information
Systems Professional,
#59317
• Road Safety Professional
1, #279
• Road Safety Professional
2B, #17
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PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens  TTPS96002.2024
 17
Monica’s unique experience includes work at the intersection of transportation-oriented community planning, land use, environmental justice, and award-winning community engagement strategies. With 20 years of experience, she has a proven record as a technical expert and public engagement strategist on a variety of large-scale multidisciplinary transportation planning and policy projects. She has led transportation planning, outreach, and equity projects for San Diego Association of Governments (SANDAG), LA Metro, SCAG, and multiple cities. She led the SR 78 and SR 76 CMCP and Flexible Fleets Plan and is leading outreach efforts for several other SANDAG transportation projects, including the Zero-Emission Vehicle Incentive Program, Transit Subsidy Impact Study, and Next Operating System (OS) Business Plan. She has worked closely with key decision makers, community groups, stakeholders, elected officials, and the public.

RELEVANT EXPERIENCE
• LA Metro, Eastside Transit Corridor Phase 2, Los Angeles, CA* – First/Last Mile (FLM) Lead • LA Metro, C Line Extension to Torrance, Los Angeles, CA* – FLM Lead • LA Metro, K Line Northern Extension, Los Angeles, CA* – TOD, TOC, FLM Lead • LA Metro, Vermont Transit Corridor, Los Angeles, CA* – Equity Lead • City of Palmdale, Palmdale Sustainable Transportation Plan, Palmdale, CA* – Equity Lead • City of Indian Wells, Comprehensive Traffic Safety Action Plan, Indian Wells, CA* – Equity Lead • SCAG, Sustainable Communities Strategies Outreach, Southern California – Strategic Outreach Advisor
• SANDAG, SR 78 CMCP , Southern CA* – Project Lead
• SANDAG, SR 67 CMCP , Southern CA* – Project Lead
• SANDAG, Flexible Fleets Plan, Southern CA* – Project Lead • SANDAG, Zero-Emission Vehicle Incentive Plan, Southern CA* – Project Lead *Prior to joining Kimley-Horn
Monica Villalobos
Equity and Outreach
Education
• Doctor of Philosophy,
City and Regional
Planning, University of
California, Berkeley
• Master of Regional Planning,
City and Regional Planning,
Cornell University
• Bachelor of Science,
Community and Regional
Development, University of
California, Davis
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PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens  TTPS96002.2024
 18
Jessie is an environmental planner with over 20 years of experience. She is a skilled CEQA and NEPA practitioner that has led and contributed to numerous projects for a variety of project types, including mixed-use, entertainment, redevelopment, infrastructure, commercial, energy, and long-range community plans. Jessie’s responsibilities include directing project teams; preparing and managing project work plans, scopes, schedules, and budgets; conducting senior-level review of draft work products; interfacing with clients, subconsultants, and agency staff; and marketing services among existing and prospective clients. Throughout her career, Jessie has supported a wide array of complex environmental documents (Program EIRs, Project EIRs, EIR Addendums, Supplemental EIRs, Sustainable Community Environmental Assessments, and Mitigated Negative Declarations) for all project types including Specific Plans, General Plans, Area Plans, and project level mixed-use and TOD.

RELEVANT EXPERIENCE
• Soledad Canyon MND, Santa Clarita, CA* – Project Manager • Metrowalk Sustainable Community Environmental Assessment (SCEA), Santa Clarita, CA* – Project Manager
• City of Glendale, 1420 Valley View EIR, Glendale, CA* – Project Manager • Crown Group, 1111 S. Hill Street Sustainable Community Environmental Assessment, Los Angeles, CA – Project Manager
• Essex Properties, Sunset Boulevard Project EIR, Los Angeles, CA* – Project Manager • Los Angeles World Airport, West Maintenance Airfield Area Project EIR, Los Angeles, CA* – Project Manager
• 2020 Los Angeles River Master Plan Program EIR, Los Angeles, CA* – Task Lead • Long Beach Port Master Plan EIR, Long Beach, CA* – Project Manager • City of Riverside, General Plan EIR, Riverside, CA* – Project Director • Los Angeles Bureau of Engineering, Environmental Reviews for Bridge Housing Homeless Services Projects, Los Angeles, CA* – Project Manager
• DJM Capital, Bella Terra Mall Redevelopment, Huntington Beach, CA – Project Manager *Prior to joining Kimley-Horn
Jessie Barkley
Environmental
Education
• Master of Arts, Urban and
Regional Planning, University
of California, Irvine
• Post-Graduate
Certificate, Marketing and
Communications, University
of California, Irvine
• Bachelor of Arts, Geography,
University of British
Columbia, Vancouver
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PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens  TTPS96002.2024
 19
Alyssa has over 25 years of experience in the transportation industry. She has helped engage stakeholders on complex issues ranging from tolling and equity conversations to multi-agency system operations on the San Francisco-Oakland Bay Bridge. She has a strong technical background and uses her planner and engineering training to explain complex engineering challenges in a non-technical way. She has used this skill to write successful grant applications for her clients for funding for a variety of different projects, including HOV lanes, transit improvements, and transportation technology projects. She has won hundreds of millions of dollars in Senate Bill 1 (SB1) funding, Rebuilding American Infrastructure with Sustainability and Equity (RAISE) grants, Infrastructure for Rebuilding America (INFRA) funding, Transportation Investment Generating Economic Recovery (TIGER) funds, Corridor Mobility Improvement Account (CMIA), Proposition 1B, and Metro Call for Projects, among others. She understands that the key to a successful grant application is a story backed by data-driven analysis.

Alyssa has the unique ability to translate stakeholder needs into transportation solutions.

RELEVANT EXPERIENCE
• San Diego Association of Governments (SANDAG), Advancing Connectivity and the Economy through Technology in the San Diego Region, Advanced Transportation and Congestion management Technologies Deployment (ATCMTD) Grant, San Diego, CA – Project Manager • Caltrain, Operations Communications Plan, San Carlos, CA – Task Lead • Bay Area Toll Authority (BATA) and Metropolitan Transportation Commission (MTC), Bay Bridges Metering Lights System Upgrade, Oakland, CA – Task Manager • Caltrans, I-5 Express Lanes (I-5 North Coast Corridor), San Diego, CA – Systems Engineer • SANDAG, Regional Transportation System Management and Operations (TSMO) Plan, San Diego, CA – Project Manager
• SANDAG, I-805 Direct Access Ramp Tolling Study, San Diego, CA – Project Engineer • LA Metro, I-10/I-110 Express Lanes - Roadside Toll Collection System (RTCS), Los Angeles, CA – Project Engineer
Alyssa Phaneuf, P .E.

Implementation Plan
Education
• Master of Science, Civil
Engineering, Georgia
Institute of Technology
• Master of City and
Regional Planning, Georgia
Institute of Technology
• Bachelor of Science, Civil
and Engineering, University
of California, Berkeley
Professional Credentials
• Professional Engineer in
California, #63123
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PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens  TTPS96002.2024
 20
Sri has more than 20 years of traffic operations and transportation engineering experience. Since beginning his career with Los Angeles County prior to joining Kimley-Horn, Sri has participated in a wide variety of traffic signal synchronization, ITS, TIA’s, operations projects, and on-call traffic engineering services. His project management experience includes traffic signal operations, traffic signal design, traffic impact studies, corridor planning, signal justification studies, site specific traffic circulation and safety studies. His key areas of expertise include traffic signal timing, signal design, ITS, transportation modeling, grant applications, and statistical analysis.

RELEVANT EXPERIENCE
• City of Culver City, Ivy Station TOD, Culver City, CA – Project Manager • Trammell Crow Company, North Hollywood Station, North Hollywood, CA – Project Engineer • City of Whittier, Whittier Boulevard Specific Plan, Whittier, CA – Project Engineer • City of Downey, Paramount Boulevard Fiber Optic Communication System, Downey, CA – Project Manager
• City of Downey, Imperial Highway Fiber Optic Communication System, Downey, CA – Project Engineer
• City of Los Angeles, Griffith Park Safety and Mobility Active Transportation Project, Los Angeles, CA – Principal-in-Charge
• City of Malibu, PCH Mobility Improvements at Various Locations, Malibu, CA – Principal-in-Charge • City of Malibu, Civic Center Way Roadway Improvements, Malibu, CA – Principal-in-Charge • City of Santa Monica, Ocean Park Boulevard Complete Green Street Project, Santa Monica, CA – Traffic Engineering Lead
• City of Santa Monica, Bicknell Avenue Green Street Complete Street, Santa Monica, CA – Traffic Engineering Lead
• City of Lancaster, Lancaster Health District Complete Streets Study, Lancaster, CA – Project Manager
• City of Thousand Oaks, Rancho Road Sidewalks and Bike Lanes Improvement Project, Thousand Oaks, CA – Project Engineer
• City of Calabasas, Mulholland Highway Scenic Corridor, Calabasas, CA – Traffic Engineer • City of Culver City, Culver Boulevard Realignment and Stormwater Management Study, Culver City, CA – Project Engineer
• City of Agoura Hills, Areawide School Traffic Study, Agoura Hills, CA – Project Manager • City of Moorpark, Los Angeles Avenue Traffic Operations Study, Moorpark, CA – Project Manager • LA Metro, North Hollywood to Pasadena BRT Planning and Environmental Study, Los Angeles to Pasadena, CA – Project Engineer
• LA Metro, SR 138 Corridor Improvement Project PA&ED, Los Angeles, CA – Traffic Operations Lead Sri Chakravarthy, P .E., T.E.

First/Last Mile Planning
Education
• Master of Science, Civil
Engineering, Louisiana
State University
• Bachelor of Science, Civil
Engineering, Kakatiya
University, India
Professional Credentials
• Professional Civil Engineer
in California, #73629
• Professional Traffic Engineer
in California, #2531
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PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens  TTPS96002.2024
 21
Tatiana has more than five years of experience on a variety of transportation projects from the perspective of both design and outreach. As an outreach coordinator, she has led school walk audits, safe school outreach, project workshops with the public, canvassing at community events, and scheduling, planning, and coordination for Active Transportation Plans (ATP) and Transportation Safety Action Plans. Tatiana’s excellent written and verbal communication skills—combined with her ambition and passion for the industry as well as her drive to develop creative solutions—have allowed her to produce numerous quality products in a timely manner.

RELEVANT EXPERIENCE
• Caltrans, California Strategic Highway Safety Plan (SHSP) Update and Implementation, Statewide, CA – Analyst
• City of San Marcos, ATP , San Marcos, CA – Analyst
• Jamul Indian Village, SR 94 Improvements - NEPA, EIR, PA/ED, and PS&E, Jamul, CA – Analyst • Caltrans, I-5 North Coast - PA&ED, PS&E, San Diego, CA – Analyst • Caltrans, Staff Augmentation I-5 HOV Extension PS&E, and San Elijo Lagoon Bridge, San Diego, CA – Analyst
• SANDAG, Orange Bikeway Final Design, San Diego, CA – Analyst Tatiana Lundstrom, P .E.

Equity and Outreach
Education
• Bachelor of Science,
Civil Engineering,
Clemson University
• Bachelor of Arts,
Modern Languages,
Clemson University
Professional Credentials
• Professional Engineer in
California, #95416
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PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens  TTPS96002.2024
 22
Matt is a planner with a broad range of experience in public involvement, mobility planning, and GIS analysis and has 12 years of experience. After starting his career working for Metro Transit’s (MN) Bus and Rail Operations department, Matt took a position with Kimley-Horn to dedicate 100% of his time to transportation planning projects. While at Kimley-Horn, Matt has been focused on improving public policy decision-making through spatial analytics, multidisciplinary integration, and implementable solution development. Matt served as the deputy project manager for SANDAG for the Mid-Coast Mobility Hubs Implementation Plan and has led a variety of Mobility Hub related projects.

RELEVANT EXPERIENCE
• SANDAG, Mid-Coast Corridor Mobility Hub Implementation Strategy, San Diego, CA – Deputy Project Manager
• CCTA, Shared Mobility Hubs, Contra Costa County, CA – Project Planner • SANDAG, Flexible Fleets Implementation Strategic Plan, San Diego, CA – Task Manager • SANDAG, North County (SR 78) CMCP , San Diego, CA – Deputy Project Manager • SANDAG, San Diego and Western Riverside Counties Regional Park and Ride Strategy, San Diego/ Western Riverside, CA – Project Manager
• City of Carlsbad, Trolley Program Feasibility Study, Carlsbad, CA – Project Manager • City of San Diego, Balboa Avenue Transit Station Specific Plan, San Diego, CA – Project Planner • City of Carlsbad, Village, Barrio, and Beach Area Parking Management Plan, Carlsbad, CA – Project Planner
• VTA, Tamien Station TOD and Parking Study, San Jose, CA – Project Planner • City of Carlsbad, Transit and Travel Demand Management Baseline Assessment, Carlsbad, CA – Project Manager
• SANDAG, San Diego Regional Military Multimodal Access Strategy, San Diego, CA – Project Planner • City of San Diego, University City Mobility Element, San Diego, CA – Project Planner • City of San Diego, Mira Mesa Mobility Element, San Diego, CA – Project Planner • Bay Area Rapid Transit (BART), Silicon Valley (BSV) Phase II, San Jose, CA – Project Planner Matt Horton, AICP
First/Last Mile Planning
Education
• Master of Urban and
Regional Planning,
University of Minnesota
• Bachelor of Arts, Geography
and History, Gustavus
Adolphus College
Professional Credentials
• American Institute of
Certified Planners, #027891
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PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens  TTPS96002.2024
 23
Tyler is a transportation analyst with 10 years of experience in both transportation planning and engineering. He has worked on projects directing tasks such as research and data collection, geospatial analysis, assessment of transportation operations and safety conditions, identifying targeted solutions to improve pedestrian and bicycle safety, and traffic calming. Tyler has experience dissecting municipal plans and policies on a wide range of transportation topics and has provided support for grant applications. He also has extensive experience conducting traffic impact analyses, corridor analyses, traffic signal synchronization, and in traffic management centers. He is proficient in utilizing GIS technologies, with big data resources including Streetlight and Replica, in traffic analysis software such as Synchro and TransCAD, and in real-time traffic monitoring and control software such as Maxview and Transparity.

RELEVANT EXPERIENCE
• City of Lancaster, Safe Routes to School (SR2S) Master Plan Refresh, Lancaster, CA – Analyst, Task Manager
• City of Lancaster, LRSP , Lancaster, CA – Analyst
• City of Lancaster, RAISE Grant, Lancaster, CA – Analyst • City of Bakersfield, Neighborhood Traffic Calming Program (NTCP), Bakersfield, CA – Analyst, Task Manager
• City of Bakersfield, ATP , Bakersfield, CA –Analyst, Task Manager • City of Bakersfield, Niles-Monterey Complete Streets RAISE Grant, Bakersfield, CA – Analyst • City of Palmdale, Sustainable Transportation Plan, Palmdale, CA – Analyst • Orange County Transportation Authority (OCTA), Santa Ana Transit Cooperative Study, Santa Ana, CA – Analyst
Tyler Lindberg, AICP
First/Last Mile Planning
Education
• Master, Planning, University
of Southern California
• Bachelor of Arts, Geography,
University of Miami,
Coral Gables, FL
Professional Credentials
• American Institute of
Certified Planners, #34817
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PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens  TTPS96002.2024
 24
With more than 17 years of comprehensive planning experience in private sectors, Xiaofan has proven her excellence in land use planning and senior management roles. She has successfully prepared regulatory documents and entitlement packages for a wide range of projects, from small in-fill developments to large- scale, master-planned communities. As a senior project manager, her expertise lies in effectively organizing and coordinating detailed documentation while skillfully managing the production team. Xiaofan’s strong client communication and adeptness in interfacing with local governments and officials make her a valuable asset in delivering successful planning outcomes.

RELEVANT EXPERIENCE
• Alberhill Business Park PDP , Lake Elsinore, CA – Planner • Alberhill Villages Specific Plan, Lake Elsinore, CA – Planner • Curtis and Atawba PUD Design Guidelines, Fontana, CA – Planner • Sierra Crest PUD Design Guidelines, Fontana, CA – Planner • The Monroe Specific Plan, Monrovia, CA – Project Manager • Heritage Park Design Guidelines, Moreno Valley, CA – Project Manager • Parkway Village Specific Plan, Lancaster, CA – Project Manager • Thousand Oaks Ranch Specific Plan, Thousand Oaks, CA – Project Manager • The Oaks Specific Plan, Thousand Oaks, CA – Project Manager • Starlite Specific Plan, El Monte, CA – Project Manager • Leal Master Plan, Eastvale, CA – Project Manager
• Arantine Hills Specific Plan, Corona, CA – Project Manager • Rancho San Gorgonio Specific Plan, Banning, CA – Project Manager • La Entrada Specific Plan, Coachella, CA – Project Manager • Downtown Commercial Core Plan, Tustin, CA – Project Manager • Brea 265 Specific Plan, Brea, CA – Project Manager
• Monarch Beach Resort Estates, Dana Point, CA – Project Manager • Melrose Heights, Carlsbad, CA – Project Manager
• Nixon Presidential Library Master Plan, Yorba Linda, CA – Project Manager • City of West Covina, Code Updates, West Covina, CA – Project Manager • ChengDu RenShou Master Plan, Chengdu, China – Project Manager Xiaofan Li, AICP , LEED AP
Land Use and Community Planning
Education
• Master of Urban
Planning, University of
Southern California
• Bachelor of Civil
Engineering,
YanShan University
Professional Credentials
• LEED
Accredited Professional
• American Institute
of Certified Planners
(AICP), Member
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PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens  TTPS96002.2024
 25
Bryant is a land planning analyst with 3 years of public-and private sector planning experience including extensive work in comprehensive planning, policy analysis and development, local government policy, and land use analysis. He brings a multi-disciplinary approach to meeting the needs of complex planning programs, including Specific Plans, General Plans, Zoning Codes, Housing Elements, and Development Code updates.

Bryant excels in utilizing community engagement and public outreach programs to guide public policy development. Bryant has led public meetings and is well-versed in finding locally specific techniques and tools to engage the community in the planning process with experience in preparing and conducting a variety of community engagement efforts specific to a community’s needs, including public hearings, workshops, stakeholder meetings, surveys, and outreach and advertising. Bryant has experience in coordinating with state and local agencies and community organizations for compliance with state requirements while also addressing the specific needs of the community.

RELEVANT EXPERIENCE
• City of Brea, Inclusionary Housing Ordinance Update, Brea, CA – Task Manager • City of Pico Rivera, Washington and Rosemead Boulevards Transit-Oriented Development Specific Plan, Pico Rivera, CA – Task Manager
• City of Fontana, Walnut Village Specific Plan, Fontana, CA – Planning Analyst • City of Arcadia, Rezones and Code Amendments Implementation Program - 6th Cycle Housing Element Update, Arcadia, CA – Task Manager
• City of Calexico, 6th Cycle Housing Element Update, Calexico, CA – Project Manager • City of Placentia, 6th Cycle Housing Element Update, Placentia, CA – Project Manager • County of San Benito, 6th Cycle Housing Element Update, San Benito County, CA – Task Manager • City of Anaheim, 6th Cycle Housing Element Update, Anaheim, CA – Task Manager • City of Calimesa, 6th Cycle Housing Element Update, Calimesa, CA – Task Manager • City of Fillmore, 6th Cycle Housing Element Update, Fillmore, CA – Task Manager • City of Murrieta, 6th Cycle Housing Element Update, Murrieta, CA – Task Manager • City of Hemet, 6th Cycle Housing Element Update, Hemet, CA – Task Manager • City of Pico Rivera, 6th Cycle Housing Element Update, Pico Rivera, CA – Task Manager • City of Santa Cruz, 6th Cycle Housing Element Update, Santa Cruz, CA – Planning Analyst • City of Scotts Valley, 6th Cycle Housing Element Update, Scotts Valley, CA – Planning Analyst • City of Villa Park, 6th Cycle Housing Element Update, Villa Park, CA – Planning Analyst • City of Dublin, 6th Cycle Housing Element Update, Dublin, CA – Planning Analyst • City of Huntington Beach, 6th Cycle Housing Element Update, Huntington Beach, CA – Planning Analyst
• City of Newport Beach, 6th Cycle Housing Element Update, Newport Beach, CA – Planning Analyst • City of Brentwood, 6th Cycle Housing Element Update, Brentwood, CA – Planning Analyst Bryant De La Torre
Land Use and Community Planning
Education
• Master, Urban and
Regional Planning,
California State Polytechnic
University, Pomona
• Bachelor of Arts,
Environmental
Studies, University of
California, Santa Barbara
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PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens  TTPS96002.2024
 26
Mayra brings two years of experience in environmental planning. She has prepared technical studies with an emphasis on air quality, greenhouse gas emissions, and noise and environmental documentation pursuant to CEQA. She has worked on a diverse set of project types, including transportation projects, affordable housing projects, large scale residential housing, and industrial solar projects. She has assisted in preparing a range of CEQA documentation, ranging from Categorical Exemptions to IS/MNDs and EIRs.

RELEVANT EXPERIENCE
• Baranof Holdings, 956 Seward Project CE, Los Angeles, CA – Analyst • Bardas Investment Group, Las Palmas IS/MND, Los Angeles, CA – Analyst • Icon & Ikon, Inc., Madison Residences CE, Culver City, CA – Analyst • LeSar Development Consultants, Palmdale Housing Opportunity Project IS/MND, Palmdale, CA – Analyst
• CIM Group Acquisition, LLC, 10510 Culver Boulevard Project CE, Culver City, CA – Analyst • City of Beverly Hills, 227 S. Tower Street CE, Beverly Hills, CA – Analyst • City of Commerce, Mixmaster Project, Commerce, CA – Analyst • City of Long Beach, 5910 Cherry Avenue Industrial Project EIR, Long Beach, CA – Analyst • City of Long Beach, 5150 Pacific Coast Highway Initial Study, Long Beach, CA – Analyst • City of San Gabriel, Rubio Village IS/MND, San Gabriel, CA – Analyst • City of Temple City, Pacific Las Tunas Mixed-Use Project CE, Temple City, CA – Analyst • Lindblade Media Center Owner, LLC, 8960 Washington Boulevard Project CE, Culver City, CA – Analyst
• LA Metro, Confidential EIR, Los Angeles, CA – Analyst • Pacific Plaza Premier Development Group, Monterey Park Mixed Use Project IS/MND, Monterey Park, CA – Analyst
• Riverside CSG, 1 LLC, Riverside CSG Solar Project IS/MND, Riverside County, CA – Analyst • Terra-Gen, Desert Breeze Solar Project EIR, San Bernardino County, CA – Analyst • Wilsona CSG, 1 LLC, Wilsona CSG Solar Project IS/MND, Los Angeles County, CA – Analyst Mayra Garcia
Environmental
Education
• Master of Urban
Planning, University of
Southern California
• Bachelor of Arts,
urban Studies and
Planning, University of
California, San Diego
Professional Credentials
• LEED Green
Associate, 11404201
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PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens  TTPS96002.2024
 27

4. Minimum Qualifications, Prior Related Experience and References
Summary of Experience with Similar Kinds of Work
Kimley-Horn maintains an experienced team with proven experience in General Plan, Specific Plan, Development Code, zoning codes, comprehensive planning, Housing Element Update Preparation, environmental analysis, technical studies, permitting, and public outreach for public and private policy programs and development projects, including single- and multi-family residential, commercial, retail, and institutional developments, in California and nationwide.

The Kimley-Horn team provides a full range of in-house services, including:

Planning Environmental Design
General Plans and Specific
Plans
California Environmental Quality Act (CEQA) including
Initial Studies, Environmental Impact Reports, Addenda
Traffic/Transportation
Development Code National Environmental Policy Act (NEPA) including Categorical Exclusions
Planning and Design
Community Engagement Exclusions, Environmental Assessments, and Environmental Impact Statements
Urban Design
Mobility Planning Traffic and Parking Impact Analyses Landscape Architecture Housing Elements Hazardous Materials Assessment and Initial Site Assessment (ISA)
Visual Simulations
Entitlement Processing Hydrology and Hydraulics Master Planning and Entitlements Zoning Codes Water Quality Management Plans Community Infrastructure and Utilities Feasibility Studies Preliminary Environmental Assessment Report (PEAR) Discretionary Case Processing Preliminary Environmental Study (PES) Staff Support Services Geographic Information Systems (GIS) Agency Permit Processing
Visual Impact and Shade/Shadow Analyses
Mitigation Monitoring and Reporting Programs (MMRP)
Planning Services
The Kimley-Horn planning team consists of seasoned professionals in the preparation of Housing Elements, General Plans, development regulations and zoning codes, design guidelines, and master plans for various public clients on projects involving a variety of municipal issues. Our staff is actively involved in all aspects of projects for our clients, including public participation, community visioning, regulatory and policy planning, entitlements, Specific Plans, land use scenario planning, implementation strategies, cultural and natural resources, and intergovernmental coordination. Our team is experienced in providing multi-agency project facilitation and working with community groups, special interests, and local decision-makers to successfully lead projects through the approval process. In addition, our team has positive ongoing relationships with state agency staff, including the Department of Housing and Community Development.

General Plans and Specific Plans
Our team of planning professionals understands the interrelated nature of development policy and employs a “360-degree” view of planning. We incorporate this holistic approach in our projects, and create plans, programs, and processes that are effective tools for guiding future growth and change. Our team has developed General Plan policies for numerous jurisdictions throughout California and is well-versed in the new legislative requirements, including AB 1358, the Complete Streets Act, AB 32, and Land SB 375. Kimley-Horn also has extensive experience in the development of Specific Plans, primarily focused on existing urbanized environments. Our plans provide for customized development, design guidance, development standards, and entitlement procedures. Additionally, our experience includes the development of public improvements, such as streetscape/urban design, infrastructure, appropriate parking facilities, and other community amenities. ��

PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens  TTPS96002.2024
 28
Our team has developed Specific Plan land use programs, policies, and implementation programs for numerous jurisdictions and developers throughout California. Our planning staff has a wide range of experience with comprehensive plans, land development controls and design standards, and master planning for various public clients involving far-reaching municipal issues. Our knowledge of critical planning elements, such as regulatory and policy planning, entitlements, comprehensive plans, land use scenario planning, implementation strategies, environmental review, and intergovernmental coordination, helps us provide truly comprehensive planning services for our clients. Kimley-Horn’s staff has developed numerous Specific Plans, General Plans, community and neighborhood plans, zoning ordinances, subdivision regulations, overlay districts, and planned unit development agreements. Our personnel have even worked as an extension of staff for numerous municipal agencies to support every aspect of Specific Plan approval, from plan review for consistency with existing policies to preparation of entitlements and representation at public meetings and hearings. Kimley-Horn staff have experience in taking a lead role on major planning projects and guiding clients through all phases of the process.

Land Use Planning and Zoning
Kimley-Horn’s long history of land planning encompasses planned communities, shopping centers, office complexes, in-fill development, and major mixed-use developments. As part of our pre-development services, we provide an analysis of each property for its highest and best use given current and future markets, investigate existing regulatory constraints, and explore alternative development concepts. Our land use regulatory specialists have also successfully updated zoning policy for multiple public agencies. Our team has authored comprehensive updates to zoning/development codes and provided tailored amendments, such as overlay zones, mixed-use development standards, affordable housing, and TOD.

Community Engagement
Kimley-Horn’s planning staff has developed and implemented hundreds of community engagement processes throughout the country. We understand the dynamic nature of outreach and have used a variety of engagement techniques, including bilingual facilitation, web-based participation, visual preference surveys, community workshops, phone surveys, focus groups, and digital and print media. Kimley- Horn routinely prepares materials and facilitates public outreach programs, including community workshops and charrettes, public scoping meetings, public hearings, and briefings to elected officials, committees, and City staff. For some projects, workshops, meetings, and/or targeted outreach efforts may be appropriate to provide a forum for meaningful community input.

Environmental Assessment Services
Kimley-Horn provides a full range of environmental services for projects requiring CEQA review. Our environmental compliance managers have worked on numerous complex, multidisciplinary projects requiring technical expertise, creative solutions for design modifications or mitigation, public outreach, transparent communication, and a thorough understanding of local, state and federal regulations.

Kimley-Horn’s environmental documents are supported by in-house professionals with expertise in civil engineering, land development, hydrology, water quality, water and wastewater, traffic analysis, transportation planning, aviation, landscape architecture, and GIS.

Kimley-Horn produces environmental documents that are sensitive to the public’s concern for resource protection and community impacts as well as to the real-world issues associated with the cost and feasibility of implementing mitigation programs. Our team draws on years of experience with public works improvements to develop understandable documents and to assess project designs that minimize impacts to the natural environment and community. Whether our role is to prepare CEQA or NEPA documents and technical studies, or to peer-review this information, we understand the inherent complexities of processing projects through the environmental processes. On all environmental projects, we work extensively with our internal partners, agency staff, and clients to create the appropriate technical approach for the document and scope of related technical studies. Our staff has an excellent track record of preparing thorough CEQA documents that are capable of withstanding challenge.

Familiarity with Applicable State and Federal Regulations Kimley-Horn has extensive experience assisting local jurisdictions navigate through the increasingly complex process required by the CEPA, NEPA, and additional legislation such as SB 375 and AB 32. We assist with NEPA clearance, coordinating directly with Caltrans Local Assistance, and also in accordance with the Local Assistance Procedures Manual (LAPM). Effective environmental analysis does not just identify impacts, but also finds creative solutions to identify and resolve important environmental concerns. This critical part of the environmental and planning process is best integrated into the initial stages of project development. By encouraging involvement early in the project planning process, we can provide input to our clients that can avoid and reduce environmental effects and facilitate the environmental and entitlement process. Kimley-Horn is one of the few firms in California that offers services in both environmental review and comprehensive planning and design. Kimley-Horn’s extensive experience and analytical and management approaches result in comprehensive, easily understood, and legally defensible documents.
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PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens  TTPS96002.2024
 29
Project Experience and References
City of Bakersfield, Active Transportation Plan, Bakersfield, CA Kimley-Horn is working with the City of Bakersfield to develop a comprehensive ATP that will inform the City’s Capital Improvement Program for the next 10 years. The plan will support development of a long-term vision for a citywide bicycle and pedestrian system, identify gaps in the current system, and prioritize improvements to enhance multimodal transportation opportunities and provide a more equitable transportation system. One activation that has taken place since implementing this plan was the Bakersfield Active Transportation Summit and Festival Spotlight, where Kimley-Horn was able to draw in a diverse crowd to provide information about the ATP as well as engage with local community organizations and stakeholders. Marketing material was provided in English, Spanish, and Punjabi.

Reference:

Ed Murphy, Civil Engineer III
City of Bakersfield
P: 661.326.3958
E: [email protected]
🔑 Key Staff: Darryl DePencier, Tyler Lindberg, Tatiana Lundstrom, Adam Maleitzke ⏱ Time Period: May 2021 – Current
City of Pico Rivera, TOD Specific Plan for the Gold Line Eastside Extension at Washington and Rosemead Boulevards, Pico Rivera, CA
Kimley-Horn is preparing the Washington/Rosemead TOD Specific Plan in the City of Pico Rivera. The Specific Plan is in response to the LA METRO’s Gold Line Extension, bringing urban light rail through the City. The Specific Plan seeks to enhance economic development and create additional opportunities for living, working, and shopping in a compact, mixed-use environment. The 375-acre plan area provides for significant changes in urban density, mix of uses, and public improvements in to increase local mobility and enhance community design.

Reference:

Jazmin Faccuseh, Senior Analyst
City of Pico Rivera
P: 562.801.4331
E: [email protected]
🔑 Key Staff: Dave Barquist, Adam Maleitzke, Matt Horton, Sri Chakravarthy ⏱ Time Period: August 2020 – Current
Riverside County Transportation Commission (RCTC), Transit-Oriented Communities Strategic Plan, Riverside County, CA*
Adam provided station area visioning and TOC strategies to promote transit-oriented development at eight station areas along the SR 91/ Riverside and Perris Valley transit corridors. The TOC plan addresses the Metrolink commuter line connecting communities in Riverside County to Los Angeles and Orange Counties for the RCTC. The study area includes eight stations along the SR 91/Perris Valley Lines, from Corona-West to Perris-South, connecting through downtown Riverside. The historically suburban development pattern along the line ranges from higher density, walkable streets to large, undeveloped properties along the eastern end of the line. The study will be guided by three advisory committees and a robust public engagement program, and will examine active transportation and smart mobility solutions, economic development strategies, and specific infrastructure investments that will remove barriers to implementing transit-oriented communities.

Reference:

Jay Eastman, AICP , Assistant Director
City of Tustin
Community Development
300 Centennial Way, Tustin, CA 92780
P: 714.573.3101
E: [email protected]
(Previously Principal Planner at City of Riverside)
*Project of Adam Maleitzke prior to joining Kimley-Horn ��

PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens  TTPS96002.2024
 30
🔑 Key Staff: Adam Maleitzke
⏱ Time Period: September 2021-November 2023
LA Metro, Southeast Transit Corridor LRT Stations in South Gate and Paramount, Paramount, CA Mr. Maleitzke was responsible for station area planning services for proposed LA Metro Southeast Transit Corridor light rail transit (LRT) stations in South Gate, Vernon, and Paramount, CA. The Station Area Plan provides guidance on how areas within 0.5 miles of the stations could be developed over time, complementing the future Southeast Gateway Transit Corridor. The plan preserves the existing urban fabric while promoting new economic growth by identifying pedestrian and bicycle improvements and community development opportunities for residents and businesses. Mr. Maleitzke and his team held an interactive workshop to explore active transportation and development opportunities, held pop-up events at community festivals, hosted a walking tour of the sites, and managed a robust online outreach presence to more directly engage residents. These efforts led to the creation of a conceptual vision plan to guide the station areas before and after LRT service commences. Following completion of the vision plan, Mr. Maleitzke’s team was awarded a contract by the Southern California Association of Governments to prepare a TOC Specific Plan that will implement many of the strategies and ideas proposed in the vision plan.

Reference:

John King, AICP , Assistant Planning Director
City of Paramount
16400 Colorado Avenue, Paramount, CA 90723
P: 562.220.2049
E: [email protected]
*Project of Adam Maleitzke prior to joining Kimley-Horn 🔑 Key Staff: Adam Maleitzke
⏱ Time Period: June 2018- June 2019
LA Metro, North Hollywood to Pasadena BRT Planning and Environmental Study, Los Angeles County, CA Kimley-Horn was the prime consultant for an 18-mile BRT project connecting the San Fernando Valley with the San Gabriel Valley that encompasses the North Hollywood and Eagle Rock districts of Los Angeles along with the Cities of Burbank, Glendale, and Pasadena.

The effort led the project through alternatives analysis, CEQA environmental approval, and preliminary engineering, with the route including a combination of street-running and freeway-based alignments. The project, which is a key element of LA Metro’s Twenty-Eight by ’28 Vision in preparation for the 2028 Summer Olympics, will connect the LA Metro North Hollywood B (Red) Line (heavy rail) and G (Orange) Line (BRT) Station with the L (Gold) Line in Pasadena. The project is emphasizing LA Metro’s emerging Transit Oriented Communities (TOC), First/Last Mile, and Sustainability initiatives, with more than 20 station options being selected based on a wide range of metrics, including Value Capture potential. The project provides a “showcase” of BRT prototypes applicable to a wide regime of urban roadways, ranging from narrow constrained minor arterials to major boulevards, and also provides complete street solutions integrating on-street bus lanes and BRT stations with vehicular traffic movements, bicycle facilities, sidewalks and the pedestrian realm, and active transportation projects.
🔑 Key Staff: Darryl DePencier
⏱ Time Period: May 2018 - Current
LA Metro, Eastside Transit Corridor Phase 2, Las Angeles, CA Previously in Advanced Conceptual Engineering (ACE), VICUS (Monica’s previous employer) served as the task lead for the development of the First/Last Mile (FLM) Plan for the Eastside Phase 2 Transit Corridor Project. To gather community input and feedback that will inform the development of FLM recommendations, Monica worked closely with the outreach lead to conduct extensive multilingual community engagement. Engagement activities included but were not limited to walk audits, community pop-ups, station tours, and surveys. 🔑 Key Staff: Monica Villalobos (Work done prior to joining Kimley-Horn) ⏱ Time Period: 2019 - 2024
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PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens  TTPS96002.2024
 31
SCAG, Sustainable Communities Strategies Outreach, Southern California SCAG’s Connect SoCal outreach program engaged the public and stakeholders throughout Southern California as part of the agency’s RTP/ SCS update. Monica served as a strategic outreach advisor, supporting the development of the Connect SoCal outreach program for the six counties (Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura) and 191 cities within the SCAG region. Monica supported public engagement activities, provided strategic advice on engagement, and facilitated meetings throughout SCAG’s six-county region. 🔑 Key Staff: Monica Villalobos (Work done prior to joining Kimley-Horn) ⏱ Time Period: 2019 - 2019
LA Metro, Vermont Transit Corridor, Las Angeles, CA
The Vermont Transit Corridor project aims to explore the implementation of bus rapid transit to increase transit access and connectivity along Vermont Avenue between Hollywood Boulevard and 120th Street. Monica served as the task lead for equity data collection and the development of the Transit Oriented Communities Opportunities Report. She led the equity outreach process, in which the team conducted multilingual workshops to present preliminary equity data findings and gather community input and feedback to “ground-truth” such findings. 🔑 Key Staff: Monica Villalobos (Work done prior to joining Kimley-Horn) ⏱ Time Period: 2023 - 2024
City of San Marcos, Active Transportation Plan, San Marcos, CA The City of San Marcos’ ATP focuses on recommending specific pedestrian and bicycle-related projects, programs, and policies based on identified connectivity gaps, barriers, socio-economic factors, and user needs for residents and visitors in the City. The ATP identifies high- stress environments for active transportation users as well as key destinations in the surrounding areas to create a plan that values connected, safe, and reliable active transportation. The plan will supplement the City’s General Plan Update and incorporate a Safe Routes to School element to improve pedestrian and bicycle connectivity and safety near schools. The project is in progress and is being completed on time and within budget on a 10-month schedule.
🔑 Key Staff: Tatiana Lundstrom, Matt Horton
⏱ Time Period: June 2022 - Current
City of Palmdale, Sustainable Transportation Plan, Palmdale, CA Kimley-Horn developed a Sustainable Transportation Plan for the City of Palmdale that is focused on improving roadway safety and reducing vehicle miles traveled (VMT) to help the City achieve its sustainability goals. The project included a robust review of historical traffic safety, identification of trends and patterns in traffic crashes, and development of a toolbox of safety improvements that the City can draw from to eliminate higher risk roadway conditions as resources allow. The study also included a review of existing travel patterns and trip lengths to determine which portions of the City generate the most VMT, and what methods and tools the City can use to make its development more sustainable. The study also included an assessment of equity to help the plan provide equitable benefits to all Palmdale residents. 🔑 Key Staff: Darryl DePencier, Tyler Lindberg
⏱ Time Period: April 2022 – May 2024
Lewis Management Corporation, Gateway at Grande Terrace Specific Plan and Specific Plan EIR, Grand Terrace, CA
Kimley-Horn is currently preparing a Specific Plan and associated EIR for the Gateway at Grand Terrace Specific Plan. The Gateway at Grand Terrace Specific Plan, which would be adopted by resolution by the City of Grand Terrace, is designed as a mixed-use development consisting of 25 Planning Areas (PAs) and comprises 40 existing parcels totaling ±125 acres, located east of Interstate 215 (I-215) in the City. The Gateway at Grand Terrace Specific Plan also proposes three overlay districts to allow for more flexibility in uses in the future. These three overlay districts cover planning areas 14 and 15 (Residential Overlay), planning area 22 (Business Park), and planning areas 3, 19, and 25 (Public Facilities Overlay). The project would include residential, commercial, business park, and open space land uses. 🔑 Key Staff: Dave Barquist
⏱ Time Period: March 2019 - Current
��
PROPOSAL FOR The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update  32
City of Bell Gardens  TTPS96002.2024
Updated: 7.25.24
196.54% Overhead%
195.57% Overhead% w/o FCCM Category/Title
10% Fee% Direct Rate $109.02 $91.03 $77.44 $61.59 $50.64 $55.37 $41.30 Billing Rate $355.51 $296.85 $252.53 $200.84 $165.14 $180.56 $134.68 Task 1 9 48 20 77 $ 20,141.77

1.1 18 20 29 $ 5,423.84

1.2 84 0 48 $ 14,717.93
Task 2 10 56 24 186 276 $ 55,713.93

2.1 1 3 16 20 $ 3,888.22

2.2 24 8 60 92 $ 18,639.18

2.3 6 8 30 44 $ 8,341.89

2.4 8 3 30 41 $ 8,688.69

2.5 8 8 20 36 $ 7,284.22

2.6 1 12 30 43 $ 8,871.73
Task 3 5 36 66 80 187 $ 38,930.50

3.1 1 4 16 21 $ 4,756.39

3.2 2 20 24 46 $ 8,691.14

3.3 8 16 24 $ 5,016.94

3.4 2 24 30 40 96 $ 20,466.04
Task 4 11 178 204 393 $ 90,436.87

4.1 1 20 20 41 $ 9,595.14

4.2 1 24 30 55 $ 12,433.88

4.3 4 30 30 64 $ 15,281.49

4.4 1 16 24 41 $ 9,068.30

4.5 1 24 30 55 $ 12,433.88

4.6 1 24 30 55 $ 12,433.88

4.7 1 20 20 41 $ 9,595.14

4.8 1 20 20 41 $ 9,595.14
Task 5 5 192 40 50 420 707 $ 148,272.26

5.1 1 6 20 27 $ 5,439.30

5.2 1 6 20 27 $ 5,439.30

5.3 2 170 40 50 360 622 $ 130,766.98

5.4 2 4 6 $ 1,254.23

5.5 1 8 16 25 $ 5,372.45
40 510 40 140 890 20 1640
$14,220.44 $151,391.51 $10,101.18 $28,118.04 $146,970.61 $2,693.56 $ 353,495.34 $ 1,800.00
$ 600.00
$ 1,200.00
$ 355,295.34 TOTAL COST:

Printing/Presentation Boards
City of Bell Gardens
Transit Oriented Community Specific Plan and Zoning Code Update Kimley-Horn and Associates, Inc.

Project
Support

TOTAL HOURS TOTAL COST
Sr. Project
Support
Project Management Plan and Team Meetings
Project Management Plan
Project Team Meetings
Research & Analysis
State, Regional and Local Agency Plan/Policy Review
Analysis of Existing Conditions Study
Professional I AnalystSr. Professional II Sr. Professional I Professional II Project Website, Social Media Interactive Town Hall, and Marketing/Publicity
Community Survey
Community Outreach Meetings, Open House Events, and Workshops (Varied In-person/Online)
Policy Framework & Proposed Connectivity Projects
Project Area-wide Origins-Destinations (Mobility), Intermodal Connectivity, and First/Last Mile Needs Analysis and Mapping Equity Study
Needs Analysis
Public Engagement Plan
Stakeholder Engagement Plan
Accidents and Safety Analysis and Mapping
Goals, Objectives, Policies, and Performance Measures
Best practices – Design Elements Toolbox
Zoning Code Update Program
Proposed Affordable Housing Program of Projects
Safe Routes to Schools Program of Projects
Proposed Bicycle Program of Projects
Proposed Pedestrian Program of Projects
Proposed ADA Program of Projects
Prepare Planning Documents (Draft and Final Plan)
Project Prioritization
Funding Sources and Strategies
Administrative Draft Bell Gardens-TOC Specific Plan and Zoning Code; Env. Scan, IS/MND
Release Draft Transit-Oriented Communities Specific Plan and Zoning Code
Udt Finalize Transit-Oriented Communities Specific Plan and Zoning Code Adoption
Mileage

TOTAL HOURS
Subtotal Labor:

Other Direct Costs

5. Cost and Pricing
��

PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens  TTPS96002.2024
 33

6. Additions or Exceptions
Kimley-Horn has reviewed the City’s Professional Services Agreement and would like to request the following modifications.

II. PERFORMANCE OF AGREEMENT

2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:

A. CONSULTANT will perform all Work skillfully, competently and to the highest in accordance with standards of CONSULTANT’s profession; [..].

The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest in accordance with standards of CONSULTANT’s profession.

III. INSURANCE

3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted or licensed in the State of California and authorized to issue policies directly to California insureds. [...].

3.4 PRIMACY OF CONSULTANT’S INSURANCE: All policies of insurance, except professional liability, worker’s compensation and employer’s liability, provided by CONSULTANT will be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers will be in excess of CONSULTANT’s insurance and will not contribute with it.

IV. INDEMNIFICATION

4.1 The Parties agree that CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “City Indemnitees”) should, to the fullest extent permitted by law, be protected held harmless from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the negligence of the CONSULTANT in its performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, and defend and protect CITY as set forth herein. [...].

4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the City Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature to the extent arising out of or in connection with CONSULTANT’s negligence in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.

4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents, 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 reckless or wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice. ��

PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens  TTPS96002.2024
 34
VI. MISCELLANEOUS PROVSIONS

6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/ or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement. Any modifications made by the CITY to any of the Consultant’s documents, or any use, partial use or reuse of the documents without written authorization or adaptation by the Consultant will be at the CITY’s sole risk and without liability to the Consultant, and the CITY shall indemnify, defend and hold the Consultant harmless from all claims, damages, losses and expenses, including but not limited to attorneys’ fees, resulting therefrom. ��

PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens  TTPS96002.2024
 35

7. Pending Litigation
Kimley-Horn and its subsidiaries have provided services in all fifty states and numerous countries. Because of the many and varied projects we have completed, we are subject to various legal proceedings from time to time and in the ordinary course of business. It is not practical to provide a complete list as part of this proposal. None of the pending matters, if decided against Kimley-Horn, would have a material impact on our financial statements or impair in any way our ability to serve our clients. Generally, these matters are covered by insurance, and we consider them to be without merit. If you would like to discuss our legal matters in more detail, please contact Kimley-Horn’s General Counsel, Richard Cook, at 919.677.2058.

Legal Proceedings in California in the last five years are as follows:
29Twenty Maintenance Association v. Van Daele Development Corp., et al; Los Angeles County, Superior Court of the State of California; Case No. 19STCV13496; filed 2019; alleged economic loss; settled; closed 2020.

Vicente Gomez, et al v. Pilot Travel Centers, LLC, et al; Superior Court of California; Case No. CVRI2103878, County of Riverside; filed 2021; personal injuries; pending.

Brenda Sheriffs v. Kimley-Horn and Associates, Inc., et al; Santa Cruz County Superior Court; Case No. 16CV00335; filed 2016; bicycle accident; personal injuries; settled; closed 2019.

Kimberly Lynn Wright and Ty Juan Montanez v. City of Concord; et al; Superior Court of California, County of Contra Costa; Case No.

MSC20-01067; filed 2020; served 2022; traffic accident, wrongful death claimed; pending.

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PROPOSAL FOR
The Bell Gardens Transit-Oriented Community Specific Plan and Zoning Code Update City of Bell Gardens  TTPS96002.2024
 36

8. Insurance

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

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

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

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

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

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

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

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
3/18/2024
Edgewood Partners Ins. Center/Greyling
3780
Mansell Rd. Suite 370
Alpharetta GA 30022
Jerry Noyola
7702207699
[email protected]
National Union Fire Ins Co of Pittsburg 19445
KIMLASS Allied World Assurance Co (U.S.) Inc. 19489
Kimley-Horn and Associates, Inc.
421
Fayetteville Street, Suite 600
Raleigh, NC 27601
New Hampshire Insurance Company 23841
Lloyd's of London 85202
127970164
A X 2,000,000
X 1,000,000
X Contractual Liab 25,000
2,000,000
4,000,000
X X
GL5268169 4/1/2024 4/1/2025
4,000,000
A
A
2,000,000
X
X X
CA4489663 (AOS)
CA2970071 (MA)
4/1/2024
4/1/2024
4/1/2025
4/1/2025
B X X 5,000,000
X
03127930 4/1/2024 4/1/2025
5,000,000
X 10,000
C
C
X
N
WC015893685 (AOS)
WC015893686 (CA)
4/1/2024
4/1/2024
4/1/2025
4/1/2025
2,000,000
2,000,000
2,000,000
D Professional Liability B0146LDUSA2404949 4/1/2024 4/1/2025 Per Claim Aggregate
$2,000,000
$2,000,000
For Proposal Only
��
Contact
Adam Maleitzke, AICP
[email protected]
213.261.4095
www.kimley-horn.com
660 South Figueroa Street
Suite 2050
Los Angeles, CA 90017
The entirety of this proposal, including text and images, is the property of Kimley-Horn and Associates, Inc., protected under U.S. copyright law.

6 EXHIBIT “B”
MAY 2026 SUPPLEMENTAL PROPOSAL

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kimley-horn.com 660 South Figueroa Street, Suite 2050, Los Angeles, CA 90017 714-409-9624

AMENDMENT NUMBER 1

TO THE AGREEMENT BETWEEN

CITY OF BELL GARDENS
AND
KIMLEY-HORN AND ASSOCIATES, INC.

This Amendment #1, dated May 4, 2026, is to the agreement between the City of Bell Gardens (“Client”) and Kimley -Horn and Associates, Inc. (“Consultant”), per the contract agreement dated September 23, 2024 ("the Agreement"), to provide Consulting Services for the City of Bell Gardens Transit-Oriented Specific Plan (“Project”).

The Consultant has entered into the Agreement with Client for the furnishing of professional services, and the parties now desire to amend the Agreement.

Therefore, it is mutually agreed that the Agreement is amended to include Additional Services to be performed by Consultant , as described fully in “Attachment A” attached hereto. The budget for these tasks shall not exceed $10,760. These services include a Fact Sheet, in-person attendance for one (1) Kimley-Horn team member and virtual attendance for two (2) team members at a Planning Commission Public Hearing, and additional Project Management efforts, as detailed in Attachment A.

CLIENT: CONSULTANT:

CITY OF BELL GARDENS KIMLEY-HORN AND ASSOCIATES, INC.

By: ______________________________ By: Bryant de la Torre, AICP Title: _____________________________ Title: Project Manager Date: _____________________________ Date: May 4, 2026

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kimley-horn.com 660 South Figueroa Street, Suite 2050, Los Angeles, CA 90017 714-409-9624

ATTACHMENT A: SCOPE OF SERVICES
Kimley-Horn will provide the Scope of Services as set forth below. This Scope has been prepared based on discussions with the Client and our understanding of the project’s objectives, issues, and requirements. The Scope is premised on the following assumptions:
• Cost Estimate: The cost estimate includes all meetings and tasks described herein. • Deliverable Formats: All deliverables will be submitted to the Client in electronic format (PDF), with source files (Word) provided as applicable. • Consolidated Client Review: The Client will serve as the clearinghouse for comments on all administrative draft documents. For each draft submitted, the Client will provide Kimley - Horn with a single, internally reconciled set of comments. • Review and Revision Limits: Each draft deliverable will undergo one round of Client review and one round of Consultant revision. Should the Client determine that additional review cycles are required, a contract amendment may be necessary. • Schedule and Budget: The project budget is based on completion within the mutually agreed schedule.
• Budget Allocation Flexibility: Kimley-Horn reserves the right to reallocate labor hours and budget between tasks, as needed, to ensure completion of deliverables, provided the total authorized budget is not exceeded.

SCOPE OF WORK
Kimley-Horn and Associates, Inc. (Kimley -Horn) has prepared this Change Order Scope of Work for the City of Bell Gardens in connection with the Transit-Oriented Community (TOC) Specific Plan. This scope covers three additional tasks arising from the continuation of the Planning Commission public hearing, the preparation of a public-facing fact sheet, and additional project management effort.

Task 1 – Continued Planning Commission Public Hearing
The Planning Commission opened the public hearing on the Bell Gardens TOC Specific Plan on April 15, 2026, but did not take action. The Commission voted to continue the public hearing to a subsequent meeting. Attendance at the continued hearing was not inc luded in the original project scope.

Scope
• Kimley-Horn will attend and present at one (1) additional Planning Commission public hearing for the TOC Specific Plan.
• Scope assumed in-person attendance for one (1) Kimley -Horn team member and virtual attendance for two (2) team members.
• Scope assumes one (1) continued hearing . Additional hearings, if required, will be considered Additional Services.
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kimley-horn.com 660 South Figueroa Street, Suite 2050, Los Angeles, CA 90017 714-409-9624

Task 1 Deliverable: In-person and v irtual a ttendance and presentation at one (1) continued Planning Commission public hearing.

Task 2 – TOC Specific Plan Fact Sheet
To support the City Council public hearing and ongoing community outreach, the City has requested a concise, publicly accessible fact sheet summarizing the TOC Specific Plan. The fact sheet is intended to help community members and decision-makers understand the Plan’s key components, what the Plan does and does not do, and the anticipated benefits for Bell Gardens residents.

Scope
• Kimley-Horn will prepare one (1) single-page (front and back) fact sheet summarizing the Bell Gardens TOC Specific Plan.
• Content may include: project overview and background, summary of the six plan districts, key development standards, what the Plan does and does not do, mobility and public realm improvements, and next steps.
• The fact sheet will be designed for a general audience, bilingual (English and Spanish), and formatted for both print and digital distribution.
• One (1) round of Client review and one (1) round of Consultant revisions is included.

Additional revision rounds will be considered Additional Services.

Task 2 Deliverable: One (1) bilingual fact sheet (PDF, print-ready and digital formats).

Task 3 – Additional Project Management
The continued Planning Commission hearing and fact sheet preparation requires additional project management, client coordination, and schedule oversight beyond what was included in the original scope.

Scope
• Kimley-Horn will provide additional project management support including client coordination, internal team coordination, schedule tracking, and quality control associated with Tasks 1 and 2.
• Includes ongoing communication with City staff regarding hearing preparation, fact sheet review, and coordination with the City Council hearing anticipated in May or June 2026.

Task 3 Deliverable: Ongoing project management through completion of City Council adoption.

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kimley-horn.com 660 South Figueroa Street, Suite 2050, Los Angeles, CA 90017 714-409-9624

SCHEDULE
Kimley-Horn will complete the services described in this Change Order in accordance with the following schedule. All milestones are contingent upon City confirmation of hearing dates and timely review of deliverables.
• Continued Planning Commission Public Hearing (Task 1): Date to be confirmed by City staff. Kimley-Horn will coordinate with staff no less than one (1) week prior to the hearing. • TOC Specific Plan Fact Sheet (Task 2): Administrative draft delivered to City staff within one (1) week of notice to proceed. Final fact sheet delivered within two (2) days of receipt of consolidated City comments.
• City Council Public Hearing (Task 3): Anticipated May-June 2026. Date to be confirmed by City staff.

FEE AND EXPENSES
Kimley-Horn will perform the Scope of Services on a labor fee plus expense basis , with the maximum labor fee as shown in the Fee and Expenses Table. Kimley -Horn will not exceed the total maximum fee without prior written authorization from the City. • Labor Fees: Services will be billed at Kimley-Horn’s standard hourly rates in effect at the time of performance.
• Reimbursable Expenses: Direct reimbursable expenses will be billed at 1.15 times cost.

Internal project expenses will be billed at 5% of labor billings. • Budget Reallocation: Kimley-Horn reserves the right to reallocate budget among tasks as necessary, provided the total budget is not exceeded.
• Additional Services: Any services not explicitly described in this Scope will be considered Additional Services and billed at Kimley -Horn’s then -current hourly rates with prior authorization.
• Payment Terms: Invoices will be submitted monthly and are payable within thirty (30) days of receipt.

TASK EST.

HOURS FEE
TASK 1: Continued Planning Commission Public
Hearing 19 $4,700
TASK 2: TOC Specific Plan Fact Sheet 14 $2,530
TASK 3: Additional Project Management 12 $2,990
TOTAL HOURS 45 —
Total Labor Costs — $10,220
Direct Expenses Allocation (Mileage) — $70
Indirect Expenses Allocation (4.6% of Labor) — $470
TOTAL FEES AND EXPENSES $10,760

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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 Purchase Order Agreement with SteamX, LLC for the Purchase of Two (2) Pressure Washers and Trailers DATE:May 11, 2026
RECOMMENDATION:

Consideration of a Resolution approving a Purchase Order Agreement with SteamX, LLC for the purchase of two (2) pressure washers and trailers.

BACKGROUND/DISCUSSION:

The Parks and Facilities Division of the Public Works Department uses a pressure washer to remove the grime, graffiti, and decay that accumulates around City facilities. The current pressure washer has reached its end of life and is often down for repairs. Public Works requires two (2) new pressure washers with trailers for the continued maintenance, sanitization of public spaces, and graffiti removal in City facilities, including parks.

Pursuant to Section 3.04.080 of the Bell Gardens Municipal Code, the Public Works department released a Request for Quotes (RFQ) for two (2) pressure washers and respective trailers on April 21, 2026. On Tuesday, May 4, 2026, the City received two (2) quotes for the pressure washers as follows:

Vendor Name Quote Amount
SteamX, LLC $31,824.00
American Water Works $35,333.48
Staff conducted an analysis of the quotes. SteamX, LLC is the lowest responsive and responsible bidder, and its proposal reflects the price of the pressure washers, trailer and attachments that meet the specifications that were advertised under the RFQ. Therefore, staff recommends awarding a Purchase Order Agreement to SteamX, LLC in an amount of $31,824, including handling and taxes.
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CONCLUSION:

If the attached Resolution is adopted, staff will process and issue a Purchase Order Agreement to procure the two (2) pressure washers and trailers.

FISCAL IMPACT:

The purchase of the two pressure washers and trailers is $31,824, including taxes and additional fees. The City’s FY 2025-2026 budget includes sufficient funds for the purchase of the two pressure washers and trailers.

APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services ��
RESOLUTION NO. 2026-48

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING A PURCHASE ORDER

AGREEMENT BY AND BETWEEN THE CITY OF BELL GARDENS AND
STEAMX, LLC FOR THE PURCHASE OF TWO (2) PRESSURE WASHERS

AND TRAILERS
WHEREAS, the City of Bell Gardens (“City”) Public Works Department is in need of two (2) pressure washers and trailers; and
WHEREAS, the Public Works Department issued a Request for Quotation (“RFQ”) for the purchase of two (2) pressure washers and trailers; and WHEREAS, on May 4, 2026, the City received two (2) quotes for the purchase of the pressure washers and trailers; and
WHEREAS, SteamX, LLC has been determined as the lowest responsive and responsible bidder with the quotation to furnish two (2) pressure washers and trailers; and WHEREAS, staff has determined the proposed equipment meets the necessary technical specifications and required delivery timeline outlined in the RFQ; and WHEREAS,there is sufficient funding in the City’s approved FY 2025-2026 budget for the purchase of two (2) pressure washers and trailers; and WHEREAS, the City Council finds that the City has complied with the procurement process; and
WHEREAS, the City desires to enter into a Purchase Order Agreement with SteamX, LLC for the purchase of two (2) pressure washers and trailers for a total cost of $31,824.

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, finds that the above recitals are true and correct and incorporate them herein.

SECTION 2. The City Council finds that the City has complied with Section

3.04.080 of the Bell Gardens Municipal Code.

SECTION 3. The City Council hereby approves a Purchase Order Agreement with SteamX, LLC for the purchase of two (2) pressure washers and trailers for a total cost of $31,824.
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Resolution No. 2026-48
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SECTION 4. The City Council further authorizes the City Manager to execute any ancillary documents reasonably necessary to effectuate the intent of this Resolution.

SECTION 5. 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 11th day of May, 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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Resolution No. 2026-48
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I, ____________________, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. ___________ was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on ___________________, and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
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CITY OF BELL GARDENS
7100 S. GARFIELD AVE
BELL GARDENS, CA 90201
(562) 806-7700

DATE PO NUMBER
Account Number Amount Account Number Amount

SUBTOTAL
TAX

FREIGHT
TOTAL
Quantity Unit Description Unit Price Ext. Price
BILL TO:

VENDOR: SHIP TO:

FOB Point:

Terms:

Req. Del. Date:

Special Inst:

Req. No.:

Dept.:

Contact:

Confirming?

PUBLIC WORKS

8327 S GARFIELD AVENUE
BELL GARDENS, CA 90201

net 30
1 Page 1 /

VENDOR COPY
Authorized Signature
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TERMS AND CONDITIONS

1. DEFINITIONS: The phrase “City of Bell Gardens” shall mean the governing body of the City of Bell Gardens, or any department thereof, hereinafter called the “City.”

2. ACCEPTANCE OF PURCHASE ORDER: This purchase order constitutes City’s offer to Vendor and shall become a binding contract upon the terms and conditions set forth herein upon acceptance by Vendor either by acknowledgment or commencement or performance. No charges for transportation, unloading, containers, p acking, etc., will be allowed unless specified in vendor's quotation

3. DATA AND FACILITIES: Vendor represents that he now has or can readily procure without assistance of the City all data, facilities, machinery and equipment necessary for the performance of this purchase order.

4. CASH DISCOUNT : The date used as the basis for cash discount calculation is the date the Articles are received or the date an acceptable invoice is received, whichever is later.

5. PACKING AND SHIPPINGS: Deliveries shall be made as specified without charge for boxing, crating, carting, or storage unless otherwise specified, and Articles shall be suitably packed to secure lowest transportation costs, and in accor dance with the requirements of common carriers, and in such manner as to assure against damage from weather or transportation.

6. TAXES: Vendor shall separately state on all invoices any taxes imposed by federal or state government applicable to furnishing of the articles; provided, however, where a tax exemption is available, such tax shall be subtracted from the total price and identified. Municipalities are exempt from federal excise and transportation taxes. Total prices quoted are to exclude federal taxes. Exemption certificates will be furnished upon request. Unless otherwise indicated, prices quoted will be considered to exclude state and city sales or use tax, which is payable by the City.

7. PRICES: Vendor represents that the prices quoted to or paid by C ity shall not exceed current prices charged to any other customer of Vendor for items which are the same or substantially similar to the articles, taking into account the quality under consideration, and Vendor will forthwith refund any amounts paid by City in excess of such price.

8. WARRANTY: Vendor warrants that all Articles will conform to applicable specifications, drawings, descriptions and samples, and will be merchantable, of good workmanship and material, and free from defect.

9. CHANGES : City shall have the right by written notice to change the extent of the work covered by the contract, the drawings, specifications, or other description herein, the time, method or place of delivery or the method of shipment or packaging or to suspend wo rk. Upon receipt of any such notice, Vendor shall proceed promptly to make the changes in accordance with the terms of the notice. If any such change causes an increase or decrease in the cost or performance or in the time required for performance, an equi table adjustment shall be negotiated promptly, and the contract modified in writing accordingly. Vendor shall deliver to City as promptly as possible, and in any event within thirty (30) days after receipt of change notice, a statement showing the effect of any such change in the delivery dates and prices, such statement to be supplemented within thirty (30) days from the date thereof by detailed specification of the amount of the price adjustment and supporting cost figures. Failure of Vendor to submit the statements within the time limits stated shall constitute its consent to perform the change without increase in price, without claim for material rendered obsolete and without change in delivery schedule.

10. TERMINATION: In the event Vendor fails to comply with any term or condition of this agreement or fails to provide the supplies or services in the manner agreed upon by the parties, this failure shall constitute a breach of the agreement. City at its sole discretion shall either notify the Vendor that it must cure this breach within 15 days of notice of breach or provide written notification of its intention to terminate this agreement. City reserves the right to terminate this agreement for its convenience and will reimburse Vendor for actual costs incurred in performance of this agreement through the effective date of termination.

11. DEFAULT : City may, by written notice to Vendor, cancel for default this contract, in whole or from time to time in part, (1) if the Vendor fails to deliver the Articles or to perform the services strictly within the time specified herein, of if no time is specifi ed, within a reasonable time; (2) if the Articles delivered do not conform to contractual requirements or if Vendor fails to perform any of the other provisions of the contract, or so fails to make progress as to endanger performance of the contract in acc ordance with its terms; or (3) if the Vendor becomes insolvent or commits an act of bankruptcy. If this contract is cancelled for default, City in addition to all other rights afforded by law for Vendor's breach of contract, shall have the right to charge Vendor the amount by which the costs of fabricating or procuring the Articles cancelled from another source exceed the prices specified herein, and City may set off any such charge against any amounts which may become payable to Vendor under the contract or otherwise. Upon such cancellation Vendor will deliver to City any of the Articles, parts or materials, for which City shall make written request at or after cancellation and City will pay Vendor the fair value of any such property so requested and delivered.

12. ASSIGNMENT OF CONTRACT : None of the sums due or to become due nor any of the work to be performed under this contract shall be assigned nor shall Vendor subcontract for completed or substantially completed Articles or major components thereof without City’s prior written consent.

13. INDEMNITY: Vendor agrees to defend, indemnify and hold harmless the City, its elected officials, officers, agents, employees and volunteers, at Vendor's sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents, employees and volunteers arising out of the performance of the Vendor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this contract. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Vendor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Vendor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents, employees and volunteers based upon the work performed by the Vendor, its employees, and/or authorized subcontractors under this contract, whether or not the Vendor, its employees, and/or authorized subcontractors are specifically named or otherwise assert ed to be liable. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Vendor's Proposal, which shall be of no force and effect.

14. WAIVERS: The failure of the City to insist, in any one or more instances, upon the performance of any of the terms, covenants or conditions of this contract, or to exercise any right hereunder shall not be construed as a waiver or relinquishment of the future performance of any such term, covenant or condition or the future exercise of such right, but the obligation of Vendor with respect to such future performance shall continue in full force and effect.

15. EQUAL EMPLOYMENT OPPORTUNITY: The Vendor affirms that it shall not discriminate against any employee or ap plicant for employment because of race, creed, color, sex, or national origin. The Vendor will ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, sex, or national origin. Such policy of the Vendor shall apply, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layout or termination rates of pay or other forms of compensation and selection for training, inclu ding apprenticeship.

16. PREVAILING WAGES . For public projects. Vendor shall comply with Prevailing Wage Requirements. Pursuant to sections 1720 through 1861 of the California Labor Code.

17. INSURANCE : Vendor shall obtain and maintain during the performance of any services under this contract the following insurance coverage issued by a company satisfactory to the City Attorney, the requirement that Vendor obtain and maintain such insurance coverage.

17.1. Commercial general liability insurance, i ncluding a contractual liability endorsement, in an amount not less than $ 1,000.000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial Genera l Liability coverage (Occurrence Form CG 2010 ed), with no special limitations affecting City.

17.2. Business/Commercial automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Auto Liability Insurance Services Office coverage (Occurrence Form CA 001, including Symbol 1 (any auto)), with no special limitations affecting City.

17.3. Workers' compensation insurance in compliance with the laws of the State of California, including employer's liability insurance in an amount not less than $1,000,000 per claimant.

17.4. Vendor shall not commence work under this contract until it has obtained City approved insurance. Befor e beginning work hereunder, during the entire period of this contract, for any extensions hereto, and for periods after the end of this contract as may be indicated below, Vendor must have and maintain in place all of the insurance coverages required by Ci ty. Vendor's insurance shall comply with all items specified by this contract.

Any subcontractors shall be subject to all the requirements of this section and Vendor shall be responsible to obtain evidence of insurance from each subcontractor and provide i t to City before the subcontractor commences work. Alternatively, Vendor's insurance may cover all subcontractors.

18. BUSINESS LICENSE. For any work done within the City, Vendor shall obtain, prior to issuance of a PO, and maintain a valid business license from City.

19. GOVERNING LAW. This contract shall be governed by the laws of the State of California.

In the event of litigation between the City and the Vendor, the prevailing party shall be entitled to reasonable attorneys' fees and costs incurred based on comparable fees of private attorneys practicing in Los Angeles County.

20. COMPLIANCE WITH LAW: Vendor shall in the performance of the contract comply with all applicable laws, regulations, ordinances, proclamations, demands and requisitions of the City of Bell Gardens or State of California.

21. ENTIRE AGREEMENT . This contract contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements, or understandings (whether oral or written) between or among the parties relating to the subject matter of this contract which are not fully expressed herein. If the attachments or exhibits to this contract, if any, are inconsistent with this contract, th is contract shall control.
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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, City Engineer
SUBJECT:Consideration of a Resolution Authorizing the Installation of Red Curb Parking Restrictions Fronting 5954 and 5959 Ludell Street
DATE:May 11, 2026
RECOMMENDATION:

It is staff’s recommendation that the City Council:

1. Adopt the attached Resolution authorizing the installation of ten (10) feet of red curb ‘no-parking’ restrictions fronting 5954 Ludell Street and nine (9) feet of red curb ‘no- parking’ restrictions fronting 5959 Ludell Street; and

2. Rescind Resolution No. 2026-30
BACKGROUND/DISCUSSION:

The Public Works Department received a request from a resident in the neighborhood regarding street flooding following heavy rainfall. In response to the request, the City Traffic Engineer completed a site investigation and confirmed that there are catch basins in Ludell Street between Colmar Avenue and Adamson Avenue. Nonetheless, it was determined that parked vehicles frequently obstruct these locations, including parking over an on-street drainage grate.

The storm drain maintenance of these catch basins promotes proper drainage in the neighborhood during rain events. The Public Works Department actively monitors these catch basins during all storm events to ensure the basins are clear of any debris that would hamper drainage. However, effective maintenance is contingent upon clear access to these structures.

If vehicles are parked in front of the catch basins, they can restrict access to the devices, preventing necessary maintenance and increasing the risk of street flooding during heavy rain events.

In response to these findings, the City is desirous of installing red curbing at critical drainage points in front of 5954 and 5959 Ludell Street. These restrictions will not have a significant impact on available street parking. The proposed red curb restrictions are as follows:
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•5954 Ludell Street. The proposed red curb will be ten (10) feet in length from the top of curb of the driveway going easterly of the property. This creates seventeen (17) feet of parking space on the property to the east of the 5954 Ludell Street property. •5959 Ludell Street. The proposed red curb will be nine (9) feet in length from the top of curb of the driveway going westerly of the property. This creates twenty-seven (27) feet of parking space on the property to the west of the 5959 Ludell Street property.

At its meeting on May 5, 2026, the Traffic and Safety Commission discussed the item and approved the recommended ten (10) feet of red curb fronting 5954 Ludell Street and nine (9) feet of red curb at 5959 Ludell Street for the City Council’s consideration.

CONCLUSION:

If the City Council adopts the attached resolution, Public Works will proceed with the installation of red curb parking restrictions fronting 5954 and 5959 Ludell Street.

FISCAL IMPACT:

The estimated cost for the installation of all parking restrictions, including signage, is $500.

APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services ��
RESOLUTION NO. 2026-49

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. 2026-30
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. 2026-30; and
WHEREAS, the City Council desires to install ten (10) feet of red curb ‘no- parking’ restrictions fronting 5954 Ludell Street and nine (9) feet of red curb ‘no-parking’ restrictions fronting 5959 Ludell Street as described in Sections (1)(A)(188) and (189) 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. 2026-30 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]
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Resolution 2026-49
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PASSED, APPROVED, and ADOPTED this 11th day of May 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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Resolution 2026-49
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I, ____________________, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. ___________was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on ___________________, and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Daisy Gomez
City Clerk
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Resolution 2026-49
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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; ��
Resolution 2026-49
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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; ��
Resolution 2026-49
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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;
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;
187. The west side of El Selinda from a point two hundred thirty-five (235) feet from the prolongation of the south curb line of Gage to a point two hundred thirty-eight (238) feet Southerly thereof;
188. The south side of Ludell St. from point one hundred sixty-four (164) feet from the prolongation of the east curb line of Adamson Avenue to a point one hundred seventy-four (174) feet easterly thereof; and
189. The north side of Ludell St. from a point one hundred forty-nine (149) feet from the prolongation of the west curb line of Colmar Avenue to a point one hundred fifty- eight (158) feet westerly thereof.
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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 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 ��
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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 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 ��
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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 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 ��
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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.

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 ��
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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 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.:
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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;

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;
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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 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;
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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 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); ��
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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 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;
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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 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;
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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.

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);
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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 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.
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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, standing or parking of vehicles at all or any times is prohibited. ��
Exhibit 2 – Proposed Red Curb Conditions Fronting 5954 Ludell Street 10ft of Red
Curb
17ft of
Parking
Space
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Exhibit 3 – Proposed Red Curb Conditions Fronting 5959 Ludell Street 9ft of Red
Curb
27ft of
Parking
Space
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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, City Engineer
SUBJECT:Approval of Plans and Specifications and Authorization to Solicit Bids for the Recycled Water Main Installation Project (CIP No. 3852) DATE:May 11, 2026
RECOMMENDATION:

It is staff’s recommendation that the City Council:

1. Approve the plans and specifications for the Recycled Water Main Installation Project (CIP No. 3852);

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

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

BACKGROUND/DISCUSSION:

The Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Proposition 1), provides grant funds for water resource-related projects included in an adopted Integrated Regional Water Management Plan. The California Department of Water Resources (DWR) is the State agency that administers the Proposition 1 program. The DWR released the Proposition 1 Round 2 Proposal Solicitation Package and Guidelines on May 17, 2022.

The DWR designated the Greater Los Angeles County Integrated Regional Water Management (IRWM) Group to facilitate watershed management by establishing collaborative efforts across the watersheds within the Greater Los Angeles County Region (Region). In May 2022, the IRWM Group released its grant program guidelines, and issued its Call for Projects seeking eligible projects for inclusion in its proposal to DWR.

The Los Angeles County Flood Control District (District), as a member of the IRWM, is the regional entity designated to apply for grant funds under Proposition 1 on behalf of all proposed projects for the Region. The Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority (GWMA), of which the City of Bell Gardens is a member, submitted the Regional Recycled Water Expansion Project on behalf of the Cities of Downey and Bell Gardens, for a total grant amount of $3,372,600. ��
On November 16, 2022, the IRWM Committee approved the selection of 17 projects for inclusion in the application for the Proposition 1 Round 2 grant, which included the GWMA Regional Recycled Water Expansion Project.

The Regional Recycled Water Expansion Project will extend the recycled water systems in the Cities of Bell Gardens and Downey to provide water for irrigation of parks serving disadvantaged communities (DAC). These facilities will bring 82 acre-feet of potable water offsets to the region at a critical time during Southern California’s drought conditions and ensure that these public open spaces can continue to support their communities. The project is designed to facilitate drought preparedness through long-term reduction of potable water use.

In the City of Bell Gardens (City), the Regional Recycled Water Expansion Project will construct approximately 6,000 linear feet of pipe to extend the recycled water service from the recycled water connection at Park Lane and Garfield Avenue to Veterans Park and Suva Elementary School, with the extension running north on Garfield Avenue and east on Florence Place.

Engineering staff has completed the design and construction documents for the Recycled Water Main Installation Project (the “Project”). The Project scope of work includes construction of approximately 6,000 linear feet of PVC pipeline, valves and appurtenances in the City to extend the recycled water service from Ford Park; and provide water for irrigation of Veterans Park and Suva Elementary School, along with the Garfield Avenue median islands serving disadvantaged communities.

The general location and limit of the work is as follows:

Connect to existing recycled water main at the intersection of Garfield Avenue and Park Lane; proceed northerly on Garfield Avenue to Florence Place; proceed easterly on Florence Place to Emil Avenue; install lateral lines from Garfield Avenue/Florence Place northerly to the median island point of connection north of Fire Station No. 39; install lateral lines in Florence Avenue/Emil Avenue northerly to the alley; proceed westerly to provide a point of connection with Veterans Park; and install a lateral line in Florence Avenue/Emil Avenue easterly to the point of connection with Suva Elementary School.

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

The tentative Bid Schedule is as follows:

•Authorization to Bid May 11, 2026
•Publish Bid May 11, 2026
•Mandatory Pre-Bid/Site Walk May 20, 2026, at 11:00 am
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•Last Day for Questions/RFIs May 28, 2026, at 5:00 pm
•Bid Opening June 11, 2026, at 11:00 am
•Anticipated Award of Contract June 22, 2026
•Pre-construction Meeting July 2026 (Tentative)
•Construction Begins July 2026 (Tentative)

DESIGN IMMUNITY:

Government Code section 830.6 states in part, “Neither a public entity nor a public employee is liable for an injury caused by the plan or design of a construction of, or an improvement to, public property where such plan or design has been approved in advance of the construction or improvement by the legislative body of the public entity or by some other body or employee exercising discretionary authority to give such approval or where such plan or design is prepared in conformity with standards previously approved.”

In order to bid on the Project and provide California design immunity, per Government Code section 830.6, the City Council must approve the plans and specifications prior to the construction bidding process. The intent of Section 830.6 is to prevent a judge or jury from second-guessing discretionary approvals made by the public agency and its employees regarding a plan or design for a construction project.

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

ENVIRONMENTAL ANALYSIS:

Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000, et seq.), the City conducted an environmental assessment. Based on the environmental assessment, the Project was determined to be categorically exempt pursuant to CEQA Guidelines § 15303 (d) (Class 3). A Notice of Exemption for the Project will be prepared and filed with the L.A. County Registrar Recorder’s Office.

CONCLUSION:

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

FISCAL IMPACT:

The City’s FY 2025-2026 Capital Improvement Program budget includes a construction budget consisting of $2,353,176 in in Proposition 1 IRWM Grant funds and $50,000 in general funds as a local match, for a total Project budget of $2,403,176. The engineer’s estimate for construction is $2,200,000.

APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services ��
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NOTICE INVITING SEALED BID
FOR

RECYCLED WATER MAIN INSTALLATION PROJECT
CIP NO. 3852

IN THE CITY OF BELL GARDENS
PUBLIC NOTICE IS HEREBY GIVEN that the City of Bell Gardens, (hereinafter, “CITY” or “AGENCY”) invites sealed bids for the above-stated project and will receive such bids in the offices of the City Clerk, City Hall, 7100 South Garfield Avenue, Bell Gardens, California 90201, up to the hour of 11:00 a.m. on June 11, 2026, at which time they will be publicly opened.

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

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

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

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

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

The bidder is required to submit any Requests for Information (RFIs) via email to Bernardo Iniguez, Director of Public Works/Facilities, at [email protected], with a copy to [email protected], [email protected]. All RFIs must be submitted no later than May 28, 2026, at 5:00 p.m.

Attendance at a pre-bid meeting is mandatory and will be held on May 20, 2026, at 11:00 a.m. at the Public Works Yard Offices, located east of 8327 Garfield Avenue, Bell Gardens, California 90201. All Prime Contractors are required to have a representative attend and sign in at the pre-bid meeting. Failure to comply with this attendance and sign in requirements will result in Bidder’s proposal being found non- responsive to the required procedures.

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

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

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

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

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

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

RECYCLED WATER MAIN INSTALLATION PROJECT
C.I.P. NO. 3852
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The bid must be accompanied by cash, a certified or cashier’s check, or bidder’s bond, issued by an “admitted surety insurer” made payable to the AGENCY for an amount no less than ten percent (10%) of the total base bid amount.

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

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

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

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

BY ORDER OF the City of Bell Gardens, California.

Dated: May 11, 2026
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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY

TO: Honorable Mayor and Council Members

FROM: Michael B. O’Kelly, City Manager

BY: Elizabeth Nava, Director of Recreation and Community Services

SUBJECT: Consideration of a Resolution Approving a Purchase Order Agreement with Colorado Time Systems for Aquatic Facility Timing, Scoring, and Display Equipment through OMNIA Contract No. R230202

DATE: May 11, 2026

RECOMMENDATION:

It is staff’s recommendation that the City Council:

1. Avail itself of Section 3.04.100(E) of the Bell Gardens Municipal Code; and

2. Adopt the attached Resolution approving a Purchase Order Agreement with Colorado Time Systems for the purchase of aquatic facility timing, scoring, and display equipment through OMNIA Partners Cooperative Agreement No. R230202.

BACKGROUND/DISCUSSION:

The City of Bell Gardens (“City”) operates an aquatic facility located at John Anson Ford Park that requires professional-grade timing, scoring, and display equipment to support competitive swimming and water polo programming.

Cooperative Purchase Order Agreement with Colorado Time Systems through OMNIA Partners Agreement No. R230202

Under Section 3.04.100(E) of the Bell Gardens Municipal Code, the City’s purchasing policy allows for an exception to the purchasing policy when the supplier offers the same or better price, terms and conditions as a supplier offered as the lowest responsible bidder under a competitive procurement conducted by another city or public agency. OMNIA Partners Master Agreements are available to other member public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities and agencies for public benefit, through the OMNIA Partners’ cooperative purchasing program. The City as a member of OMNIA Partners, may avail itself of the OMNIA Master Agreements.
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On January 26, 2023, Region 4 Education Service Center (“Region 4 ESC”), through OMNIA Master Agreements, issued Request for Proposals (“RFP”) #23-02 for playground and recreational surface products and services. On February 9, 2023, Robertson Recreational Services submitted a proposal in response to said RFP. OMNIA Cooperative Purchasing Agreement No. R230202 (“OMNIA Agreement”) was entered into on July 1, 2023. On December 16, 2025 the OMNIA Agreement was extended to June 30, 2027.

Colorado Time Systems (“Colorado”) serves as an authorized supplier of Robertson Recreation Services under the OMNIA Agreement. As such, staff reached out to Colorado for a quote for the proposed equipment purchases as listed below:

Item Model Description Equipment
Price
Timing System SYS6 System 6 Sports Timer $5,566.00
Deck Clock DC-1500 Deck Clock – Pair $4,991.00
Tabletop Scoreboard
Controller WTTC-2-NB2 Wireless Tabletop Controller – no internal battery $1,909.00
Tabletop Scoreboard
Controller R-420-021 Power Bank $69.00
Scoreboard Controller RSR-3 Run, Stop, Reset – Click of Button $276.00
GEN 7 Timing
System GEN7-TMR-L GEN 7 Sports Timer with legacy
connections $6,440.00
Start System SSE Championship Elite Start System
with wired microphone $2,116.00
Start System
Accessories
R-INF-SJ25 & TR-
3 - 25’ jumper cable
($161.00)
- Portable Tripod ($253.00)
$414.00
Mini Wireless Water
Polo Scoreboard WP-1700 Mini Wireless Water Polo
Scoreboard $3,818.00
Touchpads TP-78G Aquagrip Gutterhung Touchpads
(20-lane) $30,820.00
Touchpad
Accessories
4000-0040 &

CAD-TP/P
- Special size Touchpad
brackets ($2,760)
- Touchpad caddy ($4,508)
$7,268.00
Cable Harness
CH41-10; CH41-
10-3; CHE-41-
50M
- Ten-lane cable harness
($1,495.00)
- Back-up cable harness
($1,288.00)
- Cable harness extension
($1,127.00)
$3,910
Total Equipment $67, 597.00
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Tax and shipping are additional. Final pricing including shipping and tax is $77,143.69.

As such, staff recommends the City Council approve a Purchase Order Agreement with Colorado Time Systems governed by the OMNIA Agreement.

CONCLUSION:

The City's aquatic facility requires timing, scoring, and display equipment to support its programming. Therefore, staff recommends availing itself of the OMNIA Agreement to purchase the aforementioned equipment.

FISCAL IMPACT:

The total equipment including tax and shipping is $77,143.69.

APPROVED ELECTRONICALLY BY:

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

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RESOLUTION NO. 2026-50

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING A PURCHASE ORDER

AGREEMENT WITH COLORADO TIME SYSTEMS FOR THE

PURCHASE OF AQUATIC FACILITY TIMING, SCORING, AND DISPLAY

EQUIPMENT THROUGH OMNIA PARTNERS COOPERATIVE
PURCHASING AGREEMENT NO. R230202
WHEREAS, the City of Bell Gardens (“City”) operates an aquatic facility located at John Anson Ford Park that requires professional-grade timing, scoring, and display equipment to support its swimming and water polo programming; and WHEREAS, the acquisition of aquatic timing, scoring, and display equipment will support the City’s recreational programming and enhance the quality of services provided to residents; and
WHEREAS, under Section 3.04.100(E) of the Bell Gardens Municipal Code, the City’s purchasing policy allows for an exception when the supplier offers the same or better price, terms and conditions as a supplier offers the lowest responsible bidder under a competitive procurement conducted by another city or public agency; and WHEREAS, OMNIA Partners Master Agreements are available to other member public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities and agencies for public benefit, through the OMNIA Partners’ cooperative purchasing program; and WHEREAS, the City, as a member of OMNIA Partners, may avail itself of the OMNIA Master Agreements; and
WHEREAS, on January 26, 2023, Region 4 Education Service Center, through the OMNIA Partners, issued Request for Proposals for Playground and Recreational Surface Products and Services (Solicitation Number RFP 23-02); and WHEREAS, on February 9, 2023, Robertson Recreational Services submitted a proposal; and
WHEREAS, OMNIA Cooperative Purchasing Agreement No. R230202 (“OMNIA Agreement”) was entered into on July 1, 2023; and
WHEREAS, on December 16, 2025, the OMNIA Agreement was extended to June 30, 2027; and
WHEREAS, Colorado Time Systems is an authorized supplier of Robertson Recreational Services under the OMNIA Agreement; and
WHEREAS, the City desires to enter into a Purchase Order Agreement with Colorado Time Systems through the OMNIA Agreement; and
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Resolution No. 2026-50
2 of 3
WHEREAS, the City Council finds that the City has complied with the procurement processes.

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

SECTION 2. The City Council finds that the City has complied with local, state, and federal requirements for procurement.

SECTION 3. The City Council hereby approves a Purchase Order Agreement with Colorado Time Systems for the purchase of aquatic facility timing, scoring, and display equipment through OMNIA Partners Cooperative Purchasing Agreement No.

R230202.

SECTION 4. The City Council further authorizes and directs the City Manager to execute the Purchase Order Agreement with Colorado Time Systems, consistent with this Resolution, along with any ancillary documents reasonably necessary to effectuate the intent of this Resolution.

PASSED, APPROVED, and ADOPTED this 11th day of May, 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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Resolution No. 2026-50
3 of 3
I, ____________________, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. ___________was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on May 11, 2026, and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________
Daisy Gomez
City Clerk
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Version September 14, 2021

7145 West Tidwell Road ~ Houston, Texas 77092
(713)-462-7708
www.esc4.net

NOTICE TO OFFEROR
Solicitation Number 23-02
Request for Proposal (“RFP”)
By
Region 4 Education Service Center (“ESC”)
for
Playground and Recreational Surface Products and Services SUBMITTAL DEADLINE: Thursday, March 2, 2023, 2:00 PM CENTRAL TIME

Questions regarding this RFP must be submitted in writing to Crystal Wallace, Business Operations Specialist, at [email protected]
no later than Friday, February 10, 2023. All questions and answers will be posted to https://www.esc4.net/services/purchasing/region-4-omnia-solicitations. Offerors are responsible for viewing the website to review all questions and answers prior to submitting proposals. Oral communications concerning this RFP shall not be binding and shall in no way excuse an Offeror of the obligations set forth in this proposal.

Proposals must be sealed, prominently marked with the RFP solicitation number, RFP title, RFP opening time/date and name of Offeror. Submissions must be received by the Region 4 ESC office at: 7145 West Tidwell Road, Houston, TX 77092 no later than 2:00 p.m. central time. Proposals received prior to the submittal deadline will be time-stamped upon receipt and kept secure and unopened. At the submittal deadline, Region 4 ESC will collect all proposals received before the deadline in the room designated for the proposal opening. Proposals will be opened and recorded publicly. Any proposal received later than the specified time, whether delivered in person, courier or mailed, will not be considered. Late proposals will be returned to sender unopened.

VIRTUAL ONLY NON-MANDATORY PRE-PROPOSAL CONFERENCE
Offerors are strongly encouraged, but not required to participate in a pre-proposal conference with the Business Operations Specialist, which will be held on Thursday February 9, at 10:00 am. To attend the conference, potential Offeror must notify Crystal Wallace, Business Operations Specialist, at [email protected], by Wednesday February 8, 2023 . Offeror’s who anticipate attending the pre- proposal conference and send notification will receive an email with call instructions prior to the date and time of the pre- proposal conference.

The purpose of this conference is to clarify the contents of this RFP in order to prevent any misunderstanding of Region 4 ESC’s position. Any doubt as to the requirements of this RFP or any apparent omission or discrepancy should be presented to Region 4 ESC at this conference. Region 4 ESC will then determine the appropriate action necessary, if any, and may issue a written addendum to the RFP. Oral statements or instructions will not constitute an addendum to this RFP.

Publication Date: January 26, 2023
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RFP Page 2

I. SCOPE OF WORK
Region 4 Education Service Center (“Region 4 ESC”) requests proposals from qualified suppliers with the intent to enter into a Contract for Playground and Recreational Surface Products and Services. Region 4 ESC is seeking a provider that has the depth, breadth and quality of resources necessary to complete all phases of the Contract. Awarded Offeror(s) shall deliver products and services under the terms of this agreement. Participating Public Agencies may be seeking to fund products, services, and solutions through capital and operational cost avoidance methods. While this solicitation specifically covers Playground and Recreational Surface Products and Services, each awarded Offeror may offer their complete product and service offering, or balance of line. Region 4 ESC reserves the right to accept or reject any or all balance of line items offered.

Region 4 ESC is an education service center established by the Texas Legislature in 1967 to assist school districts and charter schools in improving efficiencies. Region 4 serves a seven- county area comprised of 47 public school districts and 40 open-enrollment charter schools, representing more than 1.2 million students, 105,000 educators and 1,500 campuses. Through cooperative contracts Region 4 ESC extends the opportunity to operate more efficiently and economically to agencies nationwide through OMNIA Partners (see below).

The Contract is based on the need to provide the economic benefits of volume purchasing and reduction in administrative costs through cooperative purchasing to schools and other members. Although the awarded Offeror(s) may restrict sales to certain public units (for example, state agencies or local government units), any proposal that prohibits sales from being made to public school districts may not be considered. Sales without restriction are preferred. These types of contracts are commonly referred to as being “piggybackable.”

Due to the potential scope of work needed by Participating Public Agencies, awarded Contractor(s) may use unit prices established for the contracts specified by the latest version of the RSMeans Construction Procurement Catalog (Unit Price Book “UPB”) when providing Playground and Recreational Surface Products and Services under a Master Agreement; in such cases, the UPB that may be utilized by an awarded Contractor(s) is incorporated by reference into this RFP. As part of the Products/Pricing section of this RFP, located under the Evaluation Process and Criteria, a national co-efficient for standard and non-standard hours is being requested as it relates to when/if a UPB is being utilized.

NATIONAL CONTRACT
Region 4 ESC, as the Principal Procurement Agency, defined in Appendix D, has partnered with OMNIA Partners, Public Sector (“OMNIA Partners”) to make the resultant contract (also known as the “Master Agreement” in materials distributed by OMNIA Partners) from this solicitation available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”), through OMNIA Partners’ cooperative purchasing program. Region 4 ESC is acting as the contracting agency for any other Public Agency that elects to utilize the resulting Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with O MNIA Partners (a “Participating Public Agency”) and by using the Master Agreement, any such Participating Public Agency agrees that it is registered with OMNIA Partners, whether pursuant to the terms of a Master Intergovernmental Cooperative Purchasing Agreement, a form of which is attached hereto on Appendix D, or as otherwise agreed to. Appendix D contains additional information about OMNIA Partners and the cooperative purchasing program.
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RFP Page 3

OMNIA Partners is the largest and most experienced purchasing organization for public and private sector procurement. Through the economies of scale created by OMNIA Partners public sector subsidiaries and affiliates, National IPA and U.S. Communities, our participants now have access to more competitively solicited and publicly awarded cooperative agreements. The lead agency contracting process continues to be the foundation on which we are founded. OMNIA Partners is proud to offer more value and resources to state and local government, higher education, K-12 education and non-profits.

OMNIA Partners provides shared services and supply chain optimization to government, education and the private sector. With corporate, pricing and sales commitments from the Supplier, OMNIA Partners provides marketing and administrative support for the Offeror that directly promotes the Offeror’s products and services to Participating Public Agencies through multiple channels, each designed to promote specific products and services to Public Agencies on a national basis. Participating Public Agencies benefit from pricing based on aggregate spend and the convenience of a contract that has already been advertised and publicly competed. The Offeror benefits from a contract that generally allows Participating Public Agencies to directly purchase goods and services without the Offeror’s need to respond to additional competitive solicitations. As such, the Offeror must be able to accommodate a nationwide demand for services and to fulfill obligations as a nationwide Offeror and respond to the OMNIA Partners documents (Appendix D).

While no minimum volume is guaranteed to the Contractor, the estimated annual volume of Playground and Recreational Surface Products and Services purchased under the Master Agreement through OMNIA Partners is approximately $50M. This projection is based on the current annual volumes among Region 4 ESC, other Participating Public Agencies anticipated to utilize the resulting Master Agreement to be made available to them through OMNIA Partners, and volume growth into other Public Agencies through a coordinated marketing approach between the Contractor and OMNIA Partners.

SPECIAL OFFERS/PROMOTIONS
In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, Contractor may conduct sales promotions involving price reductions for a specified lesser period. Contractor may offer Participating Agencies compet itive pricing which is lower than the not -to-exceed price set forth herein at any time during the Contract term and such lower pricing shall not be applied as a global price reduction under the Contract.

CUSTOMER SUPPORT
Contractor shall provide timely and accurate technical advice and sales support to Region 4 ESC staff and Participating Agencies. Contractor shall respond to such requests within one (1) working day after receipt of the request.

PROJECT SCOPE

Playground and Recreational Surface Products and Services could include but is not limited to:

• Trail and bike path surfaces and products
• Waterplay surfaces and equipment
• Playground surfaces and equipment
• Indoor and outdoor sports surfacing
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RFP Page 4

• Removal and replacement of pool and other decking

Should an Awarded Offer utilize distributors, dealers, or subcontractors, Participating Public Agencies may choose to issue work directly to the distributor, dealer, or subcontractor if allowed by the Awarded Offeror and Participating Public Agency.

II. CALENDAR OF EVENTS (ALL DATES ARE TENTATIVE AND SUBJECT TO CHANGE):

Event Date
Issue RFP January 26, 2023
Pre-proposal Conference February 9, 2023
Deadline for receipt of questions via email February 10, 2023 Issue Addenda (if required) February 17, 2023
Proposal Due Date March 2, 2023
Approval from Region 4 ESC April 25, 2023
Contract Effective Date May 1, 2023

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RFP Page 5

III. INSTRUCTIONS TO OFFERORS

1. Key Definitions
Contract: The legal agreement executed between Region 4 ESC and the awarded Offeror.

A draft of the Contract is provided as Appendix A.

Contractor: Any provider or seller of goods or services who, as a result of the competitive solicitation process, is awarded a Contract by Region 4 ESC.

Days: calendar days
Offeror: A supplier submitting a proposal in response to a solicitation.

2. Inquiries and Discrepancies: Questions regarding this solicitation must be submitted in writing to Crystal Wallace, Business Operations Specialist, at [email protected] no later than February 10, 2023 . All questions and answers will be posted to https://www.esc4.net/services/purchasing/region-4-omnia-solicitations. Offerors are responsible for viewing the website to review all questions and answer s prior to submitting proposals. Oral communications concerning this RFP shall not be binding and shall in no way excuse an Offeror of the obligations set forth in this proposal.

3. R estricted and Prohibited Communications with Region 4 ESC: During the period between the date Region 4 ESC issues this RFP and the selection of the Contractor by Region 4 ESC, if any, Offerors shall restrict all contact with Region 4 ESC and direct all questions regarding this RFP, including questions regarding terms and conditions, only to the individual identified above in section “Inquiries and Discrepancies” in the specified manner. Do not contact members of the Board of Directors, other employees of Region 4 ESC or any of Region 4 ESC’s agents or administrators.

Contact with any of these prohibited individuals after issuance of this RFP and before selection is made, may result in disqualification of the Offeror.

The communications prohibition shall terminate when the Contract is recommended by the administration, considered by the Board of Directors at a noticed public meeting, and the Contract has been awarded. In the event the Board of Directors refers the recommendation back to staff for reconsideration, the communications prohibition shall continue. Additionally, during the time period between the award of the Contract by the Board of Directors and the execution of the Contract, Offerors shall not engage in any prohibited communications as described in this section.

Prohibited communications includes direct contact, discussion, or promotion of any Offeror’s response with any member of Region 4 ESC’s Board of Directors or employees except for communications with Region 4 ESC’s designated representative as set forth in this RFP and only in the course of inquiries, br iefings, interviews, or presentations. This prohibition is intended to create a level playing field for all potential Offerors, assure that decisions are made in public, and to protect the integrity of the RFP process. Except as provided in the above stated exceptions, the following communications regarding this RFP are prohibited:
• Communications between a potential Offeror, Offeror, their lobbyist or consultant and any member of Region 4 ESC’s Board of Directors;
• Communications between any Region 4 ESC Director and any member of a selection or evaluation committee; and
• Communications between any Region 4 ESC Director and administrator or employee.

The communications prohibition shall not apply to the following:
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RFP Page 6

• Communications with Region 4 ESC’s purchasing staff specifically named and authorized to conduct and receive such communications under this RFP or upon the request of Region 4 ESC, with Region 4 ESC’s legal counsel; and • Presentations made to the Board of Directors during any duly noticed public meeting.

Nothing contained herein shall prohibit any person or entity from publicly addressing Region 4 ESC’s Board of Directors during any duly noticed public meeting, in accordance with applicable Board policies, on a matter other than this RFP or in connection with a presentation requested by Region 4 ESC’s representatives.

4. Current products: Proposals shall be for new materials and equipment in current production and marketed to the general public, education and government agencies at the time the proposal is submitted.

5. P
roposal Format: Proposals must contain two (2) electronic copies on flash drives with signed copies of the solicitation. Offeror must also submit two (2) electronic proposals free of proprietary information to be posted, if awarded a Contract. Offerors may also provide two (2) bound and signed original copies of the solicitation, however bound copies are not required.

Only sealed responses will be accepted. Faxed or electronically transmitted responses will not be accepted. Sealed responses may be submitted on any or all items, unless stated otherwise.

If bound copies are provided, responses must be provided in a three -ring binder or report cover using 8.5 x 11 paper clearly identified with the name of the Offeror’s company and the solicitation name and number on both the outside front cover and vertical spine.

Tabs should be used to separate the proposal into sections. The following items identified must be included behind the tabs listed below. Each section should contain both the section of the RFP referenced and the Offeror’s response to that section. Offerors failing to organize in the manner listed may be considered non-responsive and may not be evaluated.

Any document requiring appearance before a notary shall be waived until a later date or upon Region 4 ESC request.

6. Binder Tabs:

Tab 1 – Draft Contract and Offer and Contract Signature Form (Appendix A) a. Terms and Conditions Acceptance Form (Appendix B)
Tab 2 – Products/Pricing
Tab 3 – Performance Capability
a. OMNIA Partners documents
Tab 4 – Qualification and Experience
a. References
Tab 5 – Value Add
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RFP Page 7

Tab 6 – Additional Required Documents (Appendix C)
a. Acknowledgment and Acceptance of Region 4 ESC’s Open Records Policy (Appendix C, Doc #1)
b. Antitrust Certification Statement (Tex. Government Code § 2155.005) (Appendix C, Doc #2)
c. Implementation of House Bill 1295 Certificate of Interested Parties (Form 1295) (Appendix C, Doc #3)
d. Texas Government Code 2270 Verification Form (Appendix C, Doc #4) e. Felony Conviction Notification (Appendix C, Doc #5)
f. Any additional agreements Offeror will require Participating Agencies to sign

7. Additional Agreements: If an Offeror requires additional agreements, a copy of the proposed agreement must be included with the proposal.

8. O pen Records Policy: Proposals submitted in response to this RFP become a matter of public record subject to release after Contracts are executed. If an Offeror believes its response, or parts of its response, may be exempt from disclosure, the Offeror must specify page-by-page and line- by-line the parts of the response, which it believes, are exempt. In addition, the Offeror must specify which exception(s) are applicable and provide detailed reasons to substantiate the exception(s). Offeror must provide this information on the “Acknowledgement and Acceptance of Region 4 ESC’s Open Records Policy” (Appendix C, Doc #1). Any unmarked information will be considered public information and released, if requested under the Public Information Act. Price is not confidential and will not be withheld.

Region 4 ESC assumes no responsibility for asserting legal arguments on behalf of any Offeror or Contractor. Offeror is advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information. After completion of award, these documents will be available for public inspection.

9. Disclosures: By signing the Offer and Contract Signature Form, Offeror affirms:
a) Offeror has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this proposal and any subsequent Contract.

Offerors must include a complete description of any and all relations hips that might be considered a conflict of interest in doing business with Region 4 ESC. b) To the best of Offeror’s knowledge, the proposal has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that ��

RFP Page 8

would in any way limit competition or give an unfair advantage over other Offerors or potential Offerors in the award of a Contract resulting from this RFP. c) Offeror is not currently delinquent in the payment of any franchise taxes. d) The individual signing the submittal is an authorized agent for the Offeror and has the authority to bind the Offeror to the Contract.

10. Waiver: By submitting a proposal, Offeror expressly agrees to waive any claim it has or may have against Region 4 ESC, its directors, officers, its trustees, or agents arising out of or in connection with (1) the administration, evaluation, recommendation of any proposal; (2) any requirements under the solicitation, proposal package, or related documents; (3) the rejection of any proposal or any part of any proposal; and/or (4) the award of a Contract, if any.

Region 4 ESC shall not be responsible or liable for any costs incurred by Offerors or the successful Offeror in connection with responding to the RFP, preparing for oral presentations, preparing and submitting a proposal, entering or negotiating the terms of a Contract, or any other expenses incurred by an Offeror. The Offeror is wholly responsible for any such costs and expenses and shall not be reimbursed in any manner by Region 4 ESC.

11. C onditions of Submitting Proposal : Submission of a proposal confers no right on an Offeror to an award or Contract. Region 4 ESC, in its sole discretion and for any reason or no reason, reserves the rights to reject any or all proposals, accept only a part of any proposal, accept the proposal deemed most advantageous to Region 4 ESC, and waive any technicalities. The issuance of this RFP does not obligate Region 4 ESC to make an award or negotiate or execute a Contract. Prior to submission due date and time, Region 4 ESC reserves the right to amend the terms and provisions of the RFP, extend the deadline for submission of proposals, or withdraw the RFP entirely for any reason solely at Region 4 ESC’s discretion. A proposal may be rejected if it fails to meet any requirement of this RFP.

12. M
ailing of Proposals: All proposals submitted in response to the solicitation must be clearly identified as listed below with the solicitation number, title, name and address of the company responding. All packages must be clearly identified as listed below, sealed and deliver ed to the Region 4 ESC office no later than the submittal deadline assigned for this solicitation.

From_____________________________________________________ Company__________________________________________________ Address___________________________________________________ City, State, Zip _____________________________________________ Solicitation Name and Number ___________Due Date and Time______

13. Amendment of Proposal: A proposal may be amended prior to the time of opening by submitting a sealed letter to the location indicated on the front page of this solicitation.

14. W ithdrawal of Proposals: Withdrawal of proposals prior to the opening date will be permitted by a written letter or electronic mail from the Offeror. Telephonic or oral withdrawals shall not be considered. After the opening date consideration may be given in cases where Offeror advises that it made a clerical error that is substantially lower than it intended. In such case, ��

RFP Page 9

Offeror must provide written notice of their desire to withdraw, along with supporting documents, within 3 business days of receiving the acceptance letter or of being requested by Region 4 ESC for clarification of the proposal, whichever is later. Any Contract entered into prior to Region 4 ESC receiving notice must be honored. No Offeror should assume their withdrawal request has been accepted unless, and until, they receive written acknowledgment and acceptance of their proposal withdrawal.

15. Offer and Acceptance Period: In order to allow for an adequate evaluation, Region 4 ESC requires a proposal in response to this RFP to be valid and irrevocable for one-hundred twenty (120) days after the proposal due date and time.

16. No n -Responsive Proposals: All proposals will be reviewed for responsiveness to the material requirements of the solicitation. A proposal that is not materially responsive shall not be eligible for further consideration for award of the Contract, and the Offeror shall receive notice of the non-award of its proposal.

17. D iscussions: Region 4 ESC reserves the right to conduct discussion with Offerors for the purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the proposal in order to clarify a proposal and assure full understanding of, and responsiveness to, the RFP requirements.

18. N
egotiations : In the event Region 4 ESC decides to conduct negotiations, exclusive or concurrent negotiations may be conducted with Offerors reasonably susceptible for award.

During the course of negotiations, no Offeror’s proposal, including pricing, shall be revealed to any other Offeror or to any other person who is not involved with the evaluation process.

Exclusive or concurrent negotiations shall not constitute a Contract award, nor shall it confer any property rights to the successful Offeror. In the event Region 4 ESC deems negotiations are not progressing, Region 4 ESC may formally terminate these negotiations and may enter into subsequent exclusive or concurrent negotiations with the next most qualified Offeror(s).

19. B
est and Final Offer: Region 4 ESC, in its sole discretion, may request Offerors reasonably susceptible for award to submit a Best and Final Offer. Offerors must submit their Best and Final Offers in writing. If an Offeror does not respond to the request for a Best and Final Offer, that Offeror’s most recent prior submission will be considered its Best and Final Offer.

20. S
pecifications : When a solicitation contains a specification that states no substitutions, no deviation from this requirement will be permitted. Offeror must comply with the true intent of the specifications and drawings and not take advantage of any unintentional error or omission.

In cases where no type and kind of product is specified, specifications have been developed to indicate minimal standards as to the usage, materials, and contents based on the needs of the members. References to manufacturer’s specifications (“Design Guides”), when used by Region 4 ESC, are to be considered informative to give the Offeror information as to the general style, type and kind requested. Responses proposing goods, materials or equipment regularly produced by a reputable manufacturer shall be evaluated by Region 4 ESC which will, in its sole discretion, determine whether such proposed goods, materials or equipment are substantially equivalent to the Design Guides, considering quality, workmanship, economy of operation, and suitability for the purpose intended. Offerors should include all documentation required to evaluate whether or not their proposed goods, materials or equipment are substantially equivalent to the Design Guides.

21. Q
uality of Materials or Services: Offeror shall state the brand name and number of the materials being provided. If none is indicated, it is understood that the Offeror is proposing the ��

RFP Page 10

exact brand name and number specified or mentioned in the solicitation. However, unless specifically stated otherwise, comparable substitutions will be permitted in cases where the material is equal to that specified, considering quality, workmanship, economy of operation and suitability for the purpose intended.

22. Samples: Upon request, samples shall be furnished, free of cost, within seven (7) days after receiving notice of such request. By submitting the proposal Offeror certifies that all materials conform to all applicable requirements of this solicitation and of those required by law. Offeror agrees to bear the costs for laboratory testing, if results show the sample does not comply with solicitation requirements. Submissions may no longer be considered for failing to submit samples as requested.

23. For
mation of Contract: A response to this solicitation is an offer to contract with Region 4 ESC based upon the terms, conditions, scope of work, and specifications contained in this request.

A solicitation does not become a Contract until it is awarded by Region 4 ESC. A Contract is formed when Region 4 ESC’s board signs the Offer and Contract Signature Form. The signed Offer and Contract Signature Form provided with the RFP response eliminates the need for a formal signing process.

24. M
ultiple Awards: Region 4 ESC reserves the right to award Contract(s) to multiple Offerors.

The decision to award multiple Contracts, award only one Contract, or to make no awards rests solely with Region 4 ESC.

25. No
n -Exclusive: Any Contract resulting from this solicitation shall be awarded with the understanding and agreement it is for the sole convenience and benefit of Region 4 ESC.

Region 4 ESC reserves the right to obtain like goods and services from other sources.

26. P
rotest Procedure: Any protest of an award or proposed award must be filed in writing within ten (10) days from the date of the official award notification and must be received by 5:00 pm Central Time. No protest shall lie for a claim that the selected Offeror is not a responsible Offeror. Protests shall be filed with Robert Zingelmann, Chief Financial Officer, Finance and Operations Services, and sent to the Region 4 ESC office at: 7145 West Tidwell Road, Houston, TX 77092. Protests shall include the following:
a) Name, address and telephone number of protester;
b) Original signature of protester or its representative; c) Identification of the solicitation by RFP number;
d) Detailed statement of legal and factual grounds including copies of relevant documents; and
e) the form of relief requested.

Any protest review and action shall be considered final with no further formalities being considered.
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RFP Page 11

IV. EVALUATION PROCESS AND CRITERIA

1. A committee will review and evaluate all responses and make a recommendation for award of Contract(s). The recommendation for Contract awards will be based on the predetermined criteria factors outlined in this section, where each factor is assigned a point value based on its importance. In evaluating the responses, the following predetermined criteria is considered:
a) Products/Pricing (40 Points)
b) Performance Capability (30 Points)
c) Qualification and Experience (20 Points)
d) Value Add (10 Points)

2. Offeror’s proposal should, at a minimum, include the following for Region 4 ESC’s evaluation:
a) Products/Pricing
i. Offerors shall provide pricing based on a discount from a price list or catalog, or fixed price, or a combination of both with indefinite quantities. Prices listed will be used to establish the extent of product lines, services, warranties, etc. that are available from Offeror and the pricing per item. Multiple percentage discounts are acceptable if, where different percentage discounts apply, the different percentages are specified. Discounts proposed should remain the same for the first 12 months after the contract award. Additional pricing and/or discounts may be included. Additional pricing and/or discounts may be included. Products and services proposed are to be priced separately with all ineligible items identified.

Offerors may elect to limit their proposals to any category or categories. ii. Include an electronic copy of the catalog from which discount, or fixed price, is calculated. Electronic price lists must contain the following: (if applicable) • Manufacturer or Other Part #
• Offeror’s Part # (if different from manufacturer part #) • Description
• Manufacturers or Other Suggested List Price and Net Price • Net price to Region 4 ESC (including freight)
Media submitted for price list must include the Offerors’ company name, name of the solicitation, and date on a Flash Drive (i.e. Pin or Jump Drives). iii. If applicable, provide a national co- efficient for standard and non- standard hours that may be used when the UPB is being utilized. For clarification, additional co- efficients are not being requested as an awarded Contractor(s) may utilize the UPB’s city index.
iv. Provide any applicable Billable Labor Rates by Classification. v. Describe if pricing is available for all products and services? vi. Describe any shipping charges.
vii. Describe any warranties and provide pricing for warranties on all products and services.
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RFP Page 12

viii. Describe any additional discounts or rebates available. Additional discounts or rebates may be offered for large quantity orders, single ship to location, growth, annual spend, guaranteed quantity, etc.
ix. Describe how customers verify they are receiving Contract pricing. x. Describe payment methods offered.
xi. Propose the frequency of updates to the Offeror’s pricing structure. Describe any proposed indices to guide price adjustments. If offering a catalog contr act with discounts by category, while changes in individual pricing may change, the category discounts should not change over the term of the Contract. xii. Describe how future product introductions will be priced and align with Contract pricing proposed.
xiii. Provide any additional information relevant to this section.

Federal Funding Pricing
Due to products and services potentially used in response to an emergency or disaster recovery situation in which federal funding may be used, provide alternative pricing that does not include cost plus a percentage of cost or pricing based on time and materials; if time and materials is necessary, a ceiling price that the contractor exceeds at its own risk will be needed as determined and set by the Participating Public Agency. Products and services provided in a situation where an agency is eligible for federal funding, Offeror is subject to and must comply with all federal requirements applicable to the funding including, but not limited to the FEMA Special Conditions section located in the Federal Funds Certifications Exhibit.

Not to Exceed Pricing. Region 4 ESC requests pricing be submitted as not to exceed pricing.

Unlike fixed pricing, the Contractor can adjust submitted pricing lower if needed but, cannot exceed original pricing submitted. Contractor must allow for lower pricing to be available for similar product and service purchases. Cost plus pricing as a primary pricing structure is not acceptable.

b) Performance Capability
i. Include a detailed response to Appendix D, Exhibit A, OMNIA Partners Response for National Cooperative C ontract. Responses should highlight experience, demonstrate a strong national presence, describe how Offeror will educate its national sales force about the Contract, describe how products and services will be distributed nationwide, include a plan for marketing the products and services nationwide, and describe how volume will be tracked and reported to OMNIA Partners.
ii. The successful Offeror will be required to sign Appendix D, Exhibit B, OMNIA Partners Administration Agreement prior to Contract award. Offerors should have any reviews required to sign the document prior to submitting a response.

Offeror’s response should include any proposed exceptions to OMNIA Partners Administration Agreement on Appendix B, Terms and Conditions Acceptance Form.
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RFP Page 13

iii. Include completed Appendix D, Exhibits F. Federal Funds Certifications and G.

New Jersey Business Compliance.
iv. If applicable, describe any energy and/or operational saving improvements and cost savings measures.
v. Describe how Offeror responds to emergency orders.
vi. Describe Offeror’s history and ability to meet service and warranty needs. vii. Describe Offeror’s customer service/problem resolution process. Include hours of operation, number of services, etc.
viii. Describe Offeror’s invoicing process. Include payment terms and acceptable methods of payments. Offerors shall describe any associated fees pertaining to credit cards/p-cards.
ix. Describe Offeror’s contract implementation/customer transition plan. x. Describe the financial condition of Offeror.
xi. Provide a website link in order to review website ease of use, availability, and capabilities related to ordering, returns and reporting. Describe the website’s capabilities and functionality.
xii. Describe the Offeror’s safety record.
xiii. Provide any additional information relevant to this section.

c) Qualification and Experience
i. Provide a brief history of the Offeror, including year it was established and corporate office location.
ii. Describe Offeror’s reputation in the marketplace.
iii. Describe Offeror’s reputation of products and services in the marketplace. iv. Describe the experience and qualification of key employees. v. Describe Offeror’s experience working with the government sector. vi. Describe past litigation, bankruptcy, reorganization, state investigations of entity or current officers and directors.
vii. Provide a minimum of 5 customer references relating to the products and services within this RFP. Include entity name, contact name and title, contact phone and email, city, state, years serviced, description of services and annual volume. viii. Provide any additional information relevant to this section.

d) Value Add
i. Provide any additional information related to products and services Offeror proposes to enhance and add value to the Contract.

3. Competitive Range: It may be necessary to establish a competitive range. Factors from the predetermined criteria will be used to make this determination. Responses not in the competitive range will not receive further award consideration. Region 4 ESC may determine establishing a competitive range is not necessary.

4. P
ast Performance: An Offeror’s past performance and actions are relevant in determining whether or not the Offeror is likely to provide quality goods and services; the administrative ��

RFP Page 14

aspects of performance; the Offeror’s history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the Offeror’s businesslike concern for the interests of the customer may be taken into consideration when evaluating proposals, although not specifically mentioned in the RFP.

5. Additional Investigations: Region 4 ESC reserves the right to make such additional investigations as it deems necessary to establish the capability of any Offeror. ��

CONTRACT
1 APPENDIX A

DRAFT CONTRACT
This Contract (“Contract”) is made as of __________, 202X by and between (“Contractor”) and Region 4 Education Service Center
(“Region 4 ESC”) for the purchase of ___________________________________________(“the products and services”).

RECITALS

WHEREAS, Region 4 ESC issued Request for Proposals Number R______ for _______ (“RFP”), to which Contractor provided a response (“Proposal”); and

WHEREAS, Region 4 ESC selected Contractor’s Proposal and wishes to engage Contractor in providing the services/materials described in the RFP and Proposal;

WHEREAS, both parties agree and understand the following pages will constitute the Contract between the Contractor and Region 4 ESC, having its principal place of business at 7145 West Tidwell Road, Houston, TX 77092.

WHEREAS, Contractor included, in writing, any required exceptions or deviations from these terms, conditions, and specifications; and it is further understood that, if agreed to by Region 4 ESC, said exceptions or deviations are incorporated into the Contract.

WHEREAS, this Contract consists of the provisions set forth below, including provisions of all attachments referenced herein. In the event of a conflict between the provisions set forth below and those contained in any attachment, the provisions set forth below shall control.

WHEREAS, the Contract will provide that any state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”) may purchase products and services at prices indicated in the Contract upon the Public Agency’s registration with OMNIA Partners.

1) Term of agreement. The term of the Contract is for a period of three (3) years unless terminated, canceled or extended as otherwise provided herein. Region 4 ESC shall have the right to renew the Contract for two (2) additional one-year periods or portions thereof. Region 4 ESC shall review the Contract prior to the renewal date and notify the Contractor of Region 4 ESC’s intent renew the Contract. Contractor may elect not to renew by providing three hundred sixty-five days’ (365) notice to Region 4 ESC. Notwithstanding the expiration of the initial term or any subsequent term or all renewal options, Region 4 ESC and Contractor may mutually agree to extend the term of this Agreement. Contractor acknowledges and understands Region 4 ESC is under no obligation whatsoever to extend the term of this Agreement.

The anticipated full term of the contract is five (5) years. The Contractor shall have the right to enter local “service” agreements with Participating Public Agencies accessing the contract through OMNIA Partners, so long as the effective date of such agreement is prior to the expiration of the Contract. All local agreements may have a full potential term (any combination of initial and renewal periods) not to exceed five years. Any tasks or project ��

CONTRACT
2 agreements executed against this Master Agreement during the effective term may survive beyond the expiration of the Master Agreement as established and agreed to by both parties. 2) Scope: Contractor shall perform all duties, responsibilities and obligations, set forth in this agreement, and described in the RFP, incorporated herein by reference as though fully set forth herein.
3) For
m of Contract. The form of Contract shall be the RFP, the Offeror’s proposal and Best and Final Offer(s).
4) O rder of Precedence. In the event of a conflict in the provisions of the Contract as accepted by Region 4 ESC, the following order of precedence shall prevail:
i. This Contract
ii. Offeror’s Best and Final Offer
iii. Offeror’s proposal
iv. RFP and any addenda

5) Commencement of Work. The Contractor is cautioned not to commence any billable work or provide any material or service under this Contract until Contractor receives a purchase order for such work or is otherwise directed to do so in writing by Region 4 ESC. 6) E ntire Agreement (Parol evidence). The Contrac t, as specified above, represents the final written expression of agreement. All agreements are contained herein and no other agreements or representations that materially alter it are acceptable. 7) A
ssignment of Contract. No assignment of Contract may be made without the prior written approval of Region 4 ESC. Contractor is required to notify Region 4 ESC when any material change in operations is made (i.e. bankruptcy, change of ownership, merger, etc.). 8) N
ovation. If Contractor sells or transfers all assets or the entire portion of the assets used to perform this Contract, a successor in interest must guarantee to perform all obligations under this Contract. Region 4 ESC reserves the right to accept or reject any new party. A change of name agreement will not change the contractual obligations of Contractor. 9) C
ontract Alterations. No alterations to the terms of this Contract shall be valid or binding unless authorized and signed by Region 4 ESC.
10) A dding Authorized Distributors/Dealers. Contractor is prohibited from authorizing additional distributors or dealers, other than those identified at the time of submitting their proposal, to sell under the Contract without notification and prior written approval from Region 4 ESC.

Contractor must notify Region 4 ESC each time it wishes to add an authorized distributor or dealer. Purchase orders and payment can only be made to the Contractor unless otherwise approved by Region 4 ESC. Pricing provided to members by added distributors or dealers must also be less than or equal to the Contractor’s pricing. 11) T

ERMINATION OF CONTRACT
a) Cancellation for Non-Performance or Contractor Deficiency. Region 4 ESC may terminate the Contract if purchase volume is determined to be low volume in any 12 -month period.

Region 4 ESC reserves the right to cancel the whole or any part of this Contract due to failure by Contractor to carry out any obligation, term or condition of the contract. Region ��

CONTRACT
3 4 ESC may issue a written deficiency notice to Contractor for acting or failing to act in any of the following:
i. Providing material that does not meet the specifications of the Contract; ii. Providing work or material was not awarded under the Contract; iii. Failing to adequately perform the services set forth in the scope of work and specifications;
iv. Failing to complete required work or furnish required materials within a reasonable amount of time;
v. Failing to make progress in performance of the Contract or giving Region 4 ESC reason to believe Contractor will not or cannot perform the r equirements of the Contract; or
vi. Performing work or providing services under the Contract prior to receiving an authorized purchase order.

Upon receipt of a written deficiency notice, Contractor shall have ten (10) days to provide a satisfactory response to Region 4 ESC. Failure to adequately address all issues of concern may result in Contract cancellation. Upon cancellation under this paragraph, all goods, materials, work, documents, data and reports prepared by Contractor under the Contract shall immediately become the property of Region 4 ESC. b) Termination for Cause. If, for any reason, Contractor fails to fulfill its obligation in a timely manner, or Contractor violates any of the covenants, agreements, or stipulations of this Contract Region 4 ESC reserves the right to terminate the Contract immediately and pursue all other applicable remedies afforded by law. Such termination shall be ef fective by delivery of notice, to the Contractor, specifying the effective date of termination. In such event, all documents, data, studies, surveys, drawings, maps, models and reports prepared by Contractor will become the property of the Region 4 ESC. If such event does occur, Contractor will be entitled to receive just and equitable compensation for the satisfactory work completed on such documents.
c) D
elivery/Service Failures. Failure to deliver goods or services within the time specified, or within a reasonable time period as interpreted by the purchasing agent or failure to make replacements or corrections of rejected articles/services when so requested shall constitute grounds for the Contract to be terminated. In the event Region 4 ESC must purchase in an open market, Contractor agrees to reimburse Region 4 ESC, within a reasonable time period, for all expenses incurred.
d) For ce Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.

The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority; insurrections; riots; epidemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by ��

CONTRACT
4 acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty. e) Standard Cancellation. Region 4 ESC may cancel this Contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of final purchase order.

12) Licenses. Contractor shall maintain in current status all federal, state and local licenses, bonds and permits required for the operation of the business conducted by Contractor. Contractor shall remain fully informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of services under the Contract. Region 4 ESC reserves the right to stop work and/or cancel the Contract if Contractor’s license(s) expire, lapse, are suspended or terminated.
13) S
urvival Clause . All applicable software license agreements, warranties or service agreements that are entered into between Contractor and Region 4 ESC under the terms and conditions of the Contract shall survive the expiration or termination of the Contract. All Purchase Orders issued and accepted by Contractor shall survive expiration or termination of the Contract.
14) De
livery . Conforming product shall be shipped within 7 days of receipt of Purchase Order. If delivery is not or cannot be made within this time period, the Contractor must receive authorization for the delayed delivery. The order may be canceled if the estimated shipping time is not acceptable. All deliveries shall be freight prepaid, F.O.B. Destination and shall be included in all pricing offered unless otherwise clearly stated in writing. 15) I
nspection & Acceptance. If defective or incorrect material is delivered, Region 4 ESC may make the determination to return the material to the Contractor at no cost to Region 4 ESC.

The Contractor agrees to pay all shipping costs for the return shipment. Contractor shall be responsible for arranging the return of the defective or incorrect material. 16) P
ayments . Payment shall be made after satisfactory performance, in accordance with all provisions thereof, and upon receipt of a properly completed invoice. 17) P rice Adjustments. Should it become necessary or proper during the term of this Contract to make any change in design or any alterations that will increase price, Region 4 ESC must be notified immediately. Price increases must be approved by Region 4 ESC and no payment for additional materials or services, beyond the amount stipulated in the Contract shall be paid without prior approval. All price increases must be supported by manufacturer documentation, or a formal cost justification letter. Contractor must honor previous prices for thirty (30) days after approval and written notification from Region 4 ESC. It is the Contractor’s responsibility to keep all pricing up to date and on file with Region 4 ESC. All price changes must be provided to Region 4 ESC, using the same format as was provided and accepted in the Contractor’s proposal.

Price reductions may be offered at any time during Contract. Special, time-limited reductions are permissible under the following conditions: 1) reduction is available to all users equally; 2) reduction is for a specific period, normally not less than thirty (30) days; and 3) original price is not exceeded after the time-limit. Contractor shall offer Region 4 ESC any published price reduction during the Contract term.
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CONTRACT
5 18) Audit Rights. Contractor shall, at its sole expense, maintain appropriate due diligence of all purchases made by Region 4 ESC and any entity that utilizes this Contract. Region 4 ESC reserves the right to audit the accounting for a period of three (3) years from the time such purchases are made. This audit right shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. Region 4 ESC shall have the authority to conduct random audits of Contractor’s pricing at Region 4 ESC's sole cost and expense.

Notwithstanding the foregoing, in the event that Region 4 ESC is made aware of any pricing being offered that is materially inconsistent with the pricing under this agreement, Region 4 ESC shall have the ability to conduct an extensive audit of Contractor’s pricing at Contractor’s sole cost and expense. Region 4 ESC may conduct the audit internally or may engage a third- party auditing firm. In the event of an audit, the requested materials shall be provided in the format and at the location designated by Region 4 ESC.
19) D
iscontinued Products. If a product or model is discontinued by the manufacturer, Contractor may substitute a new product or model if the replacement product meets or exceeds the specifications and performance of the discontinued model and if the discount is the same or greater than the discontinued model.
20) N
ew Products/Services. New products and/or services that meet the scope of work may be added to the Contract. Pricing shall be equivalent to the percentage discount for other products. Contractor may replace or add product lines if the line is replacing or supplementing products, is equal or superior to the original products, is discounted similarly or greater than the original discount, and if the products meet the requirements of the Contract. No products and/or services may be added to avoid competitive procurement requirements. Region 4 ESC may require additions to be submitted with documentation from Members demonstrating an interest in, or a potential requirement for, the new product or service. Region 4 ESC may reject any additions without cause.
21) O
ptions. Optional equipment for products under Contract may be added to the Contract at the time they become available under the following conditions: 1) the option is priced at a discount similar to other options; 2) the option is an enhancement to the unit that improves performance or reliability.
22) W
arranty Conditions. All supplies, equipment and services shall include manufacturer's minimum standard warranty and one (1) year labor warranty unless otherwise agreed to in writing.
23) S
ite Cleanup. Contractor shall clean up and remove all debris and rubbish resulting from their work as required or directed. Upon completion of the work, the premises shall be left in good repair and an orderly, neat, clean, safe and unobstructed condition. 24) S
ite Preparation. Contractor shall not begin a project for which the site has not been prepared, unless Contractor does the preparation work at no cost, or until Region 4 ESC includes the cost of site preparation in a purchase order. Site preparation includes, but is not limited to:
moving furniture, installing wiring for networks or power, and similar pre- installation requirements.
25) R
egistered Sex Offender Restrictions. For work to be performed at schools, Contractor agrees no employee or employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are or are reasonably expected to be present. Contractor agrees a violation of this condition shall be considered a ��

CONTRACT
6 material breach and may result in the cancellation of the purchase order at Region 4 ESC’s discretion. Contractor must identify any additional costs associated with compliance of this term. If no c osts are specified, compliance with this term will be provided at no additional charge.
26) Safety measures. Contractor shall take all reasonable precautions for the safety of employees on the worksite and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Contractor shall post warning signs against all hazards created by its operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage.
27) S
moking. Persons working under the Contract shall adhere to local smoking policies.

Smoking will only be permitted in posted areas or off premises. 28) S tored materials. Upon prior written agreement bet ween the Contractor and Region 4 ESC, payment may be made for materials not incorporated in the work but delivered and suitably stored at the site or some other location, for installation at a later date. An inventory of the stored materials must be provided to Region 4 ESC prior to payment. Such materials must be stored and protected in a secure location and be insured for their full value by the Contractor against loss and damage. Contractor agrees to provide proof of coverage and additionally insured upon request. Additionally, if stored offsite, the materials must also be clearly identified as property of Region 4 ESC and be separated from other materials. Region 4 ESC must be allowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite, as necessary. Until final acceptance by Region 4 ESC, it shall be the Contractor's responsibility to protect all materials and equipment. Contractor warrants and guarantees that title for all work, materials and equipment shall pass to Region 4 ESC upon final acceptance. 29) Fundi
ng Out Clause. A Contract for the acquisition, including lease, of real or personal property is a commitment of Region 4 ESC’s current revenue only. Region 4 ESC retains the right to terminate the Contract at the expiration of each budget period during the term of the Contract and is conditioned on a best effort attempt by Region 4 ESC to obtain appropriate funds for payment of the contract.
30) I
ndemnity . Contractor shall protect, indemnify, and hold harmless both Region 4 ESC and its administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the Contractor, Contractor employees or subcontractors in the preparation of the solicitation and the later execution of the Contract.

Any litigation involving either Region 4 ESC, its administrators and employees and agents will be in Harris County, Texas.
31) M
arketing. Contractor agrees to allow Region 4 ESC to use their name and logo within website, marketing materials and advertisement. Any use of Region 4 ESC name and logo or any form of publicity, inclusive of press releases, regarding this Contract by Contractor must have prior approval from Region 4 ESC.
32) C
ertificates of Insurance . Certificates of insura nce shall be delivered to the Region 4 ESC prior to commencement of work. The Contractor shall give Region 4 ESC a minimum of ten (10) days’ notice prior to any modifications or cancellation of policies. The Contractor shall require all subcontractors performing any work to maintain coverage as specified. ��

CONTRACT
7 33) Legal Obligations. It is Contractor’s responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services and shall comply with all laws while fulfilling the Contract. Applicable laws and regulation must be followed even if not specifically identified herein.

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OFFER AND CONTRACT SIGNATURE FORM

The undersigned hereby offers and, if awarded, agrees to furnish goods and/or services in strict compliance with the terms, specifications and conditions at the prices proposed within response unless noted in writing.

Company Name
Address
City/State/Zip
Telephone No.

Email Address
Printed Name
Title
Authorized signature

Accepted by Region 4 ESC:

Contract No. ______________

Initial Contract Term to

Region 4 ESC Authorized Board Member Date

Print Name

Region 4 ESC Authorized Board Member Date

Print Name
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Appendix B

TERMS & CONDITIONS ACCEPTANCE FORM

Signature on the Offer and Contract Signature form certifies complete acceptance of the terms and conditions in this solicitation and draft Contract except as noted below with proposed substitute language (additional pages may be attached, if necessary) . The provisions of the RFP cannot be modified without the express written approval of Region 4 ESC. If a proposal is returned with modifications to the draft Contract provisions that are not expressly approved in writing by Region 4 ESC, the Contract provisions contained in the RFP shall prevail.

Check one of the following responses:

 Offeror takes no exceptions to the terms and conditions of the RFP and draft Contract.

(Note: If none are listed below, it is understood that no exceptions/deviations are taken.)

 Offeror takes the following exceptions to the RFP and draft Contract. All exceptions must be clearly explained, reference the corresponding term to which Offeror is taking exception and clearly state any proposed modified language, proposed additional terms to the RFP and draft Contract must be included:

(Note: Unacceptable exceptions may remove Offeror’s proposal from consideration for award. Region 4 ESC shall be the sole judge on the acceptance of exceptions and modifications and the decision shall be final.

If an offer is made with modifications to the contract provisions that are not expressly approved in writing, the contract provisions contained in the RFP shall prevail.)

Section/Page Term, Condition, or
Specification
Exception/Proposed Modification Accepted
(For Region 4
ESC’s use)

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Appendix C

ADDITIONAL REQUIRED DOCUMENTS

DOC #1 Acknowledgment and Acceptance of Region 4 ESC’s Open Records Policy

DOC #2 Antitrust Certification Statements (Tex. Government Code § 2155.005)

DOC #3 Implementation of House Bill 1295 Certificate of Interested Parties (Form 1295)

DOC #4 Texas Government Code 2270 Verification Form

DOC #5 Felony Conviction Notification
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Appendix C, Doc #1

ACKNOWLEDGMENT AND ACCEPTANCE
OF REGION 4 ESC’s OPEN RECORDS POLICY

OPEN RECORDS POLICY
All proposals, information and documents submitted are subject to the Public Information Act requirements governed by the State of Texas once a Contract(s) is executed. If an Offeror believes its response, or parts of its response, may be exempted from disclosure, the Offeror must specify page- by-page and line- by-line the parts of the response, which it believes, are exempt and include detailed reasons to substantiate the exemption. Price is not confidential and will not be withheld. Any unmarked information will be considered public information and released, if requested under the Public Information Act.

The determination of whether information is confidential and not subject to disclosure is the duty of the Office of Attorney General (OAG). Region 4 ESC must provide the OAG sufficient information to render an opinion and therefore, vague and general claims to confidentiality by the Offeror are not acceptable. Region 4 ESC must comply with the opinions of the OAG. Region 4 ESC assumes no responsibility for asserting legal arguments on behalf of any Offeror. Offeror is advised to consult with their legal counsel concerning disclosure issues result ing from this procurement process and to take precautions to safeguard trade secrets and other proprietary information.

Signature below certifies complete acceptance of Region 4 ESC’s Open Records Policy, except as noted below (additional pages may be attached, if necessary).

Check one of the following responses to the Acknowledgment and Acceptance of Region 4 ESC’s Open Records Policy below:

 We acknowledge Region 4 ESC’s Open Records Policy and declare that no information submitted with this proposal, or any part of our proposal, is exempt from disclosure under the Public Information Act.

 We declare the following information to be a trade secret or proprietary and exempt from disclosure under the Public Information Act.

(Note: Offeror must specify page-by-page and line-by-line the parts of the response, which it believes, are exempt. In addition, Offeror must include detailed reasons to substantiate the exemption(s). Price is not confident and will not be withheld. All information believed to be a trade secret or proprietary must be listed. It is further understood that failure to identify such information, in strict accordance with the instructions, will result in that information being considered public information and released, if requested under the Public Information Act.)

Date Authorized Signature & Title
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Appendix C, Doc #2

ANTITRUST CERTIFICATION STATEMENTS
(Tex. Government Code § 2155.005)
Attorney General Form

I affirm under penalty of perjury of the laws of the State of Texas that:

1. I am duly authorized to execute this Contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below;

Bell Gardens City CouncilMay 11, 2026

Bell Gardens City Council
May 11, 2026