10 Task 2 – Feasibility and Strategic Placement Analysis Building upon the Existing Conditions Assessment, Kimley-Horn will identify and evaluate candidate locations for future EV charging infrastructure that best meet the City's mobility, equity, and implementation goals. Our analysis will integrate technical, financial,operational, and community considerations to identify charging opportunities that are both strategically located and realistically implementable.
We will begin by developing siting criteria based on the City's objectives and industry best practices. Candidate locations will be evaluated using a GIS-based destinations,to key proximityland use,considersthatanalysissuitability indicatorsequity projectedandexisting , EV demand, and opportunities to complement the existing charging network. By overlaying maps created in the Existing Conditions Assessment, we will identify “hot spots” where several indicators of need and charger suitability overlap. These “hot spots” are the Priority for EV areas charger deployment within the City. Based on the data, Priority Areas may include (for example) several City blocks or a commercial corridor, or a cluster of multifamily housing developments.
Within each Priority Area, we will review Tax Assessor (or similar data) to better understand the land uses in each Area to identify potential EV charging sites. We will prioritize sites based on the relative ease of deployment—for example, a site on City-owned property with many parking stalls in an area with excess electrical capacity would be prioritized more highly than a small privately owned commercial property. For High Priority Sites,we will then recommend the most appropriate charger types (Level 1,Level 2, and/or DCFC), anticipated user groups, and implementation considerations.This feasibility analysis will culminate in a prioritized list of recommended charging locations supported by clear technical justification and implementation guidance.
models, operatingandreviewchargerEVcommon ownership also willWe including unique “tolling” models EV chargingfor recently implemented by other public agencies in California (such as San Jose Clean Energy) and potential public-private partnerships. We will provide maps demonstrating pricing for other public chargers in the region by charger type and recommend price ranges and strategies for the City.
To keep electricity costs manageable, we will review opportunities to implement smart charging technologies and approaches and opportunities to implement onsite renewable energy generation to support charger operations. We deploymentinitial for (capital),typical reviewwill costs operations, and ongoing maintenance.This evaluation will enable the City to prioritize investments that maximize community benefit while supporting long-term financial sustainability.
Finally, we will review grants and other funding sources that may be available to offset the costs of charger deployment in the City and provide planning-level recommendations to position Bell Gardens to advance projects as funding becomes available.
Deliverables
» GIS-based suitability analysis identifying Priority Areas for EV charging as well as Priority Sites » Evaluation of site feasibility, utility considerations, and implementation constraints » Recommended charger types, quantities, and preliminary deployment strategies » Assessment of ownership models, operational considerations, and public-private partnership opportunities » Planning-level capital and operating cost considerations » Prioritized list of recommended charging locations with supporting rationale » Technical memorandum summarizing the feasibility and strategic placement analysis Task 3 – Public Outreach
Kimley-Horn brings a deep understanding of the Bell Gardens community through our established history of collaboration on prior outreach efforts and infrastructure initiatives. Over the years, we have learned and adapted to the unique challenges and opportunities this community presents, positioning us as trusted advisors to foster meaningful community engagement for the ZEVCIP.
Through a series of past outreach events—Pop-Ups at the Yard Sale, Lions Club Fair, National Night Out, and Winter Wonderland—our team has effectively connected with the community to educate and gather feedback. Unique challenges arose while planning and leading these events, and our engagement team developed actionable strategies to address each one. The table on the following page summarizes some of these challenges and their respective mitigation strategies—all of which provide valuable insight for success on future initiatives.
11 Barrier Our Opportunity/Takeaways Notes
Cautious Community
with ICE Raids
Shift focus to virtual engagement and meeting people on their terms at smaller pop-ups, rather than holding large, standalone events
Proactive outreach to build trust and create
safe, welcoming spaces for feedback
Language Barrier: Predominantly
Spanish Speakers
Deploy Kimley-Horn's Spanish-speaking team members
with technical expertise to address questions directly. Use in-house translation and graphics for bilingual materials Staff members who are not only bilingual but
also rooted in the local community
Reluctance to Share
Personal Identifiable
Information
Design surveys and engagement activities that do not
require identifying information increase participant comfort Anonymity encourages participation and open
feedback
Lack of Political
Trust Towards
Local Government
Demonstrate transparency, neutrality, and commitment to equitable decision-making processes
Kimley-Horn is a trusted partner with historical
community knowledge
Poor Attendance at
Large Gatherings
Focus on outreach strategies such as smaller pop-up
engagements, family-centric events, or virtual options
Use informal, community-specific gatherings
that people already trust and attend
Missing Community
Groups (CBOs)
Identify and prioritize partnerships with local community- based organizations (CBOs) early in the project
Build relationships with CBOs to gain access to
harder -to-reach portions of the community
City Staff Turnover Kimley-Horn can provide continuity and retained knowledge from past engagements with Bell Gardens
Includes our technical expertise,contact
information, and familiarity with annual events
From previous projects and engagement events, Kimley-Horn has built a network of community resources, stakeholders, and relationships we can leverage for the ZEVCIP. This includes existing email contacts—such as landlords and school principals—as well as ongoing partnerships with local utilities, tribal contacts, and other stakeholders. These established pipelines will allow for efficient dissemination of information and outreach to maximize participation.
Our successful experience engaging the Bell Gardens community in both English and Spanish includes the following events:
Pop-Up Yard Sale Event: Conducted intercept
surveys to capture real-time community input in
a casual and accessible setting.
Lions Club Fair: Engaged families
and individuals through interactive
onsite outreach, creating open
dialogue opportunities.
National Night Out and Winter Wonderland :
Brought our team into trusted community spaces to
foster goodwill and educate the public on key
initiatives. Included using virtual reality headsets to display 3D renderings of potential projects.
12 Key Outreach Activities
Kimley-Horn will develop a robust Outreach Plan to educate, inform, and gather input from the Bell Gardens community. We will structure these efforts to achieve accessibility,inclusivity,and meaningful participation across diverse groups. Kimley-Horn will have knowledgeable staff fluent in Spanish and English in attendance at in-person and virtual engagement events.
EV Ride and Drive Events and Pre- and Post- Event Surveys Kimley-Horn is pleased with the exceptional opportunity to partner again with Charge Across Town (CAT ) to host unique EV Ride and Drive events in the City. Since 2012, CAT has designed and executed successful ride and drive events that engagedirectly by memberscommunity allowing to them experience EVs firsthand.
Drawing from extensive experience conducting hundreds of these events across the US,CAT has observed that direct exposure to EVs substantially increases the likelihood that participants will purchase or lease an EV. An thirdindependent-party evaluation of the EV Ride and Drive events that CAT organized for the Sacramento Municipal Utility District (SMUD) “confirmed the effectiveness of ride and drive events in encouraging EV adoption.” CAT has overseen EV Ride and Drive events for SMUD since 2017.
T he Kimley-identify community staff City to closely work willHorn team with events with which to co-locate each of the two (2) proposed EV Ride and Drive events. CAT leverages partnerships with EV manufacturers and local auto dealerships to provide four to six EVs for each event. Participants can choose whether to drive an EV or ride in one as a passenger.
Before the participants drive,test survey regardingbrief theirtake a perceptions of EVs. They take a similar survey after the test drive to identify and measure changes in perception and interest in EV adoption that result direct experiences with EVs. The team has knowledgeable English- and Spanish-speaking staff on hand to answer questions and address misconceptions regarding EVs and EV charging among community members.
CAT is currently providing EV Ride and Drive events throughout California via the Driver Assistance Program (DAP)—also known as RIDE—a California Public Utilities Commission (CPUC)initiative to help low- and moderate- income rideshare drivers buy or lease EVs. The CAT team has also worked with Southern California Edison (SCE) on several projects over the years, Ontario of in the City Eventincluding Ride and EVan Drive and at the Los Angeles Auto Show. Kimley-Horn is excited to bring the CAT team’s experience with these events to benefit the Bell Gardens community.
Interactive Workshops
Kimley-Horn will conduct up to two (2) community workshops to engage the public, with each workshop specifically designed to raise awareness about the different environmental and economic benefits of ZEVs while actively gathering input on community preferences regarding charging locations,priorities. and infrastructureaccessibilityneeds,Up to two (2) of the workshops will be in-person. Workshops will be held at key locations such as those identified below to maximize accessibility:
• The Community Family Service Center
• The Neighborhood Youth Center
Facilitators will lead discussions and activities tailored to identify preferred charging locations, accessibility challenges, and priorities outlined by the community. Kimley-Horn will have knowledgeable staff fluent in Spanish and English in attendance at these workshops. • The Bell Gardens Senior Center
• Ross Hall at Veterans Park
13 Project Surveys
Kimley-Horn will develop one (1) project survey that will be hosted on the project website. The project survey will be made available in both digital and paper formats during all outreach events as well as in both English and Spanish.
Educational Initiatives
Kimley-Horn will develop three (3) educational project flyers to be distributed to the public and other stakeholders. These will be used alongside interactive presentations and discussions during workshops to highlight the environmental and economic benefits of ZEV adoption and provide details on the proposed charging infrastructure plan.
Deliverables
Kimley-Horn will prepare engagement materials and develop an Outreach Plan for review,aligning activities with the City’s goals.Specific deliverables include:
» Two (2) EV Ride and Drive events, including pre- and post- event surveys in English and Spanish » Up to three (3) memoranda summarizing:
o Workshop and survey feedback, discussions, and community priorities o Attendance records from both in-person workshops and virtual sessions o Analysis of input collected during workshops, highlighting common themes and actionable recommendations for the ZEVCIP » Up to three (3) bilingual flyers
» Up to three (3) bilingual social media posts advertising workshops and the project survey » One (1) memorandum at the end of the outreach task summarizing project survey results as well as pre- and post- Ride and Drive event including detailed surveys,analysis and insights into community preferences and recommended charging site features » Full documentation of expenditures for light refreshments and essential workshop materials Task 4 – Advisory Committee Meetings
To collaboratively develop the ZEVCIP, Kimley-Horn will facilitate up to four (4)Advisory Committee meetings involving representatives from relevant City departments (Planning, Public Works, Community Development, Police), schools,utility providers (e.g., SCE), and community Citythewith person,held in first Committee meeting will AdvisoryThe organizations. be expected to coordinate booking of the venue. The remaining three (3) meetings will be held virtually. These meetings will discuss critical factors such as site feasibility, infrastructure gaps, equity considerations, and alignment with state and regional goals. Committee members will review draft plans, provide technical recommendations, and refine strategies to create an actionable and inclusive plan.
Deliverables
For Advisory Committee meetings, Kimley-Horn will provide:
» Meeting agendas outlining discussion topics and decision-making points » Detailed records of meeting discussions, including attendance lists, feedback, action items, and decisions made » Summaries highlighting key decisions, follow-up actions, and responsibilities assigned to committee members » Comprehensive documentation of committee input on draft plans, site feasibility analyses, equity considerations, and proposed recommendations for refinement
» Onsite translation/interpretation
Task 5 – Draft and Final Plan
Kimley-implementationa comprehensive,Horn will prepare -focused ZEVCIP that synthesizes the technical analyses, community input, and stakeholder recommendations developed throughout the project into a clear roadmap for expanding EV charging infrastructure throughout Bell Gardens. The Plan will communicate not only where charging infrastructure should be deployed, but also how the City can successfully fund and implement the Plan’s recommendations over time.
Building refine the dr weefforts,engagement community willAnalysis,FeasibilityAssessment,Conditions Existingon the and aft recommendations to incorporate City and stakeholder feedback so that the final Plan reflects community priorities and implementation realities.
The implementation phasing, priorities, deploymenttypes,charger identify charging recommendedwillZEVCIP and locations,pl anning-level cost considerations while outlining funding opportunities, partnership strategies, and policy recommendations that support successful project
14 delivery.The final document will be professionally designed with high -quality graphics,maps, and infographics that clearly communicate findings to both technical and non-technical audiences.
The completed ZEVCIP will serve as a practical decision-making tool that positions the City to pursue future grant funding, guide public and private investment, and implement a strategically planned charging network that advances the City's environmental, mobility, and equity goals.
Deliverables
Deliverables for this task will include:
» Administrative Draft ZEVCIP for City review
» Final Zero-Emission Vehicle Charging Infrastructure Plan incorporating City comments » High-quality maps, graphics, and implementation roadmap » Funding, partnership, and implementation recommendations » Digital and print-ready versions of the final Plan
Task 6 – Board Review/Approval
Kimley-Horn understands that successful implementation begins with buy-in among City leaders, stakeholders, and the public. We will support the City technicalthe communicatethatpresentation materials engaging preparing by and adoption processthe reviewthroughout clear, findings, community input, and recommended implementation strategy in a manner appropriate for a variety of audiences.
Our team will support up to four (4) presentations to stakeholders including City staff, the Planning Commission, and City Council, responding to questions and incorporating feedback into the final adopted Plan. Throughout the process, we will work closely with City staff to ensure presentation the recommended charging networkofthecommunicate clearlymaterials benefits implementation priorities,, funding opportunities, and next steps.
Deliverables
Deliverables for this task will include:
» Presentation materials for City staff, Planning Commission, City Council, and Caltrans Board » Meeting attendance and presentation support
» Responses to comments and revisions following public review » Final adopted ZEVCIP and supporting electronic files
Workplan
Quality Control/Quality Assurance (QC/QA)
The QC/QA plan that Kimley-Horn and its team members will follow in the execution of services is used firmwide to maintain consistency with our clients. It includes the following six key elements:
1. Structure: Each QC/QA plan includes a project manager responsible for contract delivery, technical managers responsible for discipline design development, and a QC/QA manager/reviewer responsible for verifying implementation of QC/QA plan.
2. Procedures: A competent individual within each discipline other than the designer will perform intradisciplinary checking of documents .
We have established a color-coded comment verify tocomments ofreview acheck; an following steps:theinvolvesthat process initial their adequate consideration and documented resolution; a review of the completed changes in the original documents; and a review that confirms accurate completion of changes to the documents.
3. Interdisciplinary Reviews: We perform interdisciplinary reviews throughout the project and prior to key submittals when senior staff from the discipline groups meet to discuss overall project elements.
4. Quality Assurance Audit: The QC/QA manager/reviewer will be responsible for conducting a QC audit after completion of the checking and review process and prior to the submittal of any document or deliverable.
5. Deliverables and Document Control: The project manager will manage the submission of design documents after the QC/QA audit is complete and at milestone completion dates.
6. Corrective Action Measures: In the case of incorrect or nonconforming work, we will take appropriate corrective action.
15 Team Availability
The individual members of our team were hand-picked for the ZEVCIP project using two criteria: (1) their experience with related projects, and (2) their availability to assume major technical responsibilities within this contract timeframe. In order to confirm our team member’s availability, Kimley-Horn uses a proactive management everyto “Castaheads”detail known system as project’s personnel needs and determine each staff person’s availability. This system forecasts our workload over a six-month period and helps to avoid work overload and shortfalls for each office and discipline. Castaheads help us confirm that sufficient staff is available to meet your needs. By continuously matching project needs with staff availability, our Castaheads system is an accurate tool for keeping our projects on schedule. Based upon a review of our Castaheads,the proposed Kimley-Horn team will be optimally available to meet the City’s expectations for the ZEVCIP.
Proposed Hours / Labor Allocation Table
The labor allocation table below provides an overview of the proposed hours for the anticipated ZEVCIP services to be performed by the proposed members of our project team.
Category/Title
Billing Rate $390 $295 $260 $230 $200 $185 $160
Task 1 Existing Conditions 30 72 28 4 134
Task 2 Feasibility and Strategic Placement Analysis 64 24 80 42 34 36 4 284 Task 3 Public Outreach 18 27 39 64 4 152
Task 4 Advisory Committee Meetings 14 21 10 30 4 79
Task 5 Draft and Final Plan 26 40 20 14 4 104
Task 6 Board Review/Approval 12 36 4 52
TOTAL LABOR HOURS 164 24 276 111 142 64 24 805
City of Bell Gardens
The Zero-Emissions Vehicle Charging Infrastructure Plan Labor Allocation
TOTAL
LABOR
HOURS
Kimley-Horn and Associates, Inc.
Sr.
Professional II
Sr.
Professional I Professional Analyst II Analyst II Analyst I Project Support
16 APPENDICES
The following information has been provided in as appendices, beginning on the next page:
Appendix A. Cost and Pricing ......................................................................................................................................................... A-1 Appendix B. Additions and Exceptions .......................................................................................................................................... A-3 Appendix C. Pending Litigation ....................................................................................................................................................... A-5 Appendix D. Insurance...................................................................................................................................................................... A-5 Appendix E. Client Reference List ................................................................................................................................................... A-7 Appendix F. Key Personnel Resumes ............................................................................................................................................. A-9
Appendix A. Cost and P ricing
A-1
Category/Title
Billing Rate $390 $295 $260 $230 $200 $185 $160
Task 1 Existing Conditions 30 72 28 4 134 $ 36,240 $ 36,240 Task 2 Feasibility and Strategic Placement Analysis 64 24 80 42 34 36 4 284 76,600 $ 76,600 $ Task 3 Public Outreach 18 27 39 64 4 152 $36,450 $$ 30,504 $66,954 Task 4 Advisory Committee Meetings 14 21 10 30 4 79 $ 19,860 $ 19,860 Task 5 Draft and Final Plan 26 40 20 14 4 104 28,580 $ 28,580 $ Task 6 Board Review/Approval 12 36 4 52 14,680 $ 14,680 $ TOTAL HOURS 164 24 276 111 142 64 24 805
TOTAL COST:$$ 212,410 $$ 30,5044 $$ 242,914 Note: The cost shown herein represents an estimate based on the anticipated scope of work, level of effort, and assumed labor categories and rates. The labor categories shown are for estimating purposes only. The categories and rates presented are not intended to represent all personnel or billing rates, and actual staff and billing rates may vary from those shown. All work will be performed in accordance with the contract terms and will not exceed the agreed upon not-to-exceed amount.
BR00PUSTD.A.001
KH
HOURS
KH
COST
CHARGE
ACROSS
TOWN COST
TOTAL
PROJECT
COSTS
City of Bell Gardens
The Zero-Emissions Vehicle Charging Infrastructure Plan Kimley-Horn and Associates, Inc.
Sr.
Professional II
Sr.
Professional I Professional Analyst II Analyst II Analyst I Project Support
kimley-horn.com 1300 Clay Street, Suite 900, Oakland, CA 94612 510.625.0712 BR00PUSTD.A.001
Kimley-Horn and Associates, Inc.
____________________________________
Hourly Labor Rate Schedule
Classification Rate
Analyst I $165 - $185
Analyst II $195 - $230
Professional $225 - $280
Senior Professional I $275 - $360
Senior Professional II $365 - $450
Senior Technical Support $200 - $325
Technical Support $110 - $210
Support Staff $100 - $160
Effective through June 30, 2027
Subject to annual adjustment thereafter
Internal Reimbursable Expenses will be charged at 5% of Labor Billings External Reimbursable Expenses will be charged at 15% mark-up, or per the Contract Sub-Consultants will be billed per the Contract
A-3
Appendix B. Additions and Exceptions
Kimley-Horn has reviewed the Sample Professional Services Agreement and would like to discuss the following modifications with the City:
II. PERFORMANCE OF AGREEMENT
2.4.1 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 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 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 [...].California insureds. directly to
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 negligent performance of CONSULTANT under 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 negligent 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.
A-4
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, and/ordevelopedmaterialsother ordocumentscompilations, data lists, calculations, spreadsheets,schedules,assemb led 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.
A-5
Appendix C. Pending Litigation
Kimley-countries.numerous and statesall in servicesprovidedhave subsidiariesitsHorn and fifty projectsvaried and manyBecause of the 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 clients. our in any to servestatementsorimpairfinancial way our ability Generally,these matters are and weby insurance,covered 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, Ashley Keil, at 919.678.4179.
Litigation cases filed in California in the last 5 years are as follows:
CALIFORNIA
Vicente Gomez, et al v. Pilot Travel Centers, LLC, et al; Case No. CVRI2103878; Superior Court of California, County of Riverside; filed 2021; personal injuries; settled; closed 2024
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; settled 2024 Etzel Williams v. Peninsula Corridor Joint Powers Board, City of Burlingame; et al; Superior Court of California, County of San Mateo; Case No. 22-CIV-03763; filed 2024; accident, wrongful death claim; dismissed 2024 Afonso Contreras v. Charter Communications Inc., et al; Superior Court of California, County of Los Angeles; Case No. 25AVCV00326; filed in 2025; alleged personal injury resulting from a traffic accident; dismissed; closed 2026 City of San Rafael v. Kimley-Horn; Superior Court of California, County of Marin; Case No. CV 00 04619; filed 2024; alleged economic loss; pending
Syimyk Kalkov v. Kimley-Horn and Associates, Inc., et al.; Superior Court of California, County of Contra Costa; Case No. C26-00308; filed 2026; alleged personal injuries claimed; pending
Laguna Hills Plaza, LLC vs. Kimley-Horn and Associates, Inc.; Superior Court of California, County of Orange, Case No. 30-2026-0157363A- C U-BC-NJ C; filed 2026; alleged economic loss; pending
Appendix D. Insurance
Evidence of our commercial liability,professional liability,and workers'compensation insurance coverage is included on the following page.
A-6
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-MAILADDRESS:
(A/C, No, Ext):PHONE
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:
PROPERTY DAMAGE(Per accident)
COMBINED SINGLE LIMIT(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. $
$
$
$
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below $
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
EROTH-STATUTEPER
LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR 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)
CERTIFICATE HOLDER
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
3/16/2026
PRODUCER
Edgewood Partners Ins Center
3780 Mansell Rd. Suite 370
Alpharetta GA 30022
Jerry Noyola
7702207699
[email protected]
National Union Fire Ins Co of Pittsburg 19445
KIMLASS New Hampshire Insurance Company 23841INSURED
Kimley-Horn and Associates, Inc.
421 Fayetteville Street, Suite 600
Raleigh, NC 27601
Lloyd's of London 85202
Columbia Casualty Company 31127
1790432787
A X 2,000,000
X 1,000,000
X Contractual Liab 25,000
2,000,000
4,000,000
X X
GL5268169 4/1/2026 4/1/2027
4,000,000
A
A
2,000,000
X
X X
CA4489663 (AOS)
CA2970071 (MA)
4/1/2026
4/1/2026
4/1/2027
4/1/2027
D X X 10,000,000
X
8038116944 4/1/2026 4/1/2027
10,000,000
X 10,000
B
B X
N
WC067961230 (AOS)
WC013711885 (CA)
4/1/2026
4/1/2026
4/1/2027
4/1/2027 2,000,000
2,000,000
2,000,000
C Professional Liability/
Pollution Liability RLUSP26000552026 4/1/2026 4/1/2027 Per Claim Aggregate
$10,000,000
$10,000,000
Evidence of Coverage
Sample Certificate
:Umbrella Follows Form with respects to General, Automobile Liability & Workers Compensation
A-7
Appendix E. Client Reference List
Additional information, including relevant projects graphics and client quotes, is provided in the Project References section starting on page 4.
City of Bell Gardens, Transit Oriented Community (TOC) Specific Plan , Bell Gardens, CA Project Description: The Bell Gardens TOC Specific Plan represents a significant initiative by the City of Bell Gardens to foster affordable, transit-supportive, and safe neighborhoods for its residents. The City stands at the nexus of major existing and planned transportation corridors, including the Metro Southeast Gateway Line, Metro bus routes, the I-710 freeway, and several multi-use recreational trails. The TOC Specific Plan transp active revitalization,support thatinvestment economic guiding growth location by strategicthis on builds and ortation and transit investments, diverse and affordable housing stock, and safe streets. These efforts are concentrated within the TOC Specific Plan area (plan area), an approximately 23-acre district located at the center of the City and anchored by Florence Avenue, Garfield Avenue, and Florence Place.
Consistent with the City of Bell Garden’s General Plan, the Bell Gardens TOC Specific Plan establishes goals, infrastructure improvements, and development standards to direct future development in the plan area. The policies presented in the housing, land use, mobility, and open space sections work in tandem to shape and transform the plan area into a prosperous, accessible, and equitable transit-oriented community for Bell Gardens residents.
Timeframe for Work Performed: August 2024 – Ongoing
Client Contact: Alfonso Hernandez, City Planner | 562.806.7722 | 7100 Garfield Avenue, Bell Gardens, CA 90201 Assigned Key Project Personnel: Tatiana Lundstrom, Jongmi Kagabo City of Rancho Cordova, EV Charging Needs Assessment and Network Planning Study, Rancho Cordova, CA
Project Description: The City of Rancho Cordova received a grant to support an EV Charging Needs Assessment and Network Planning study from the Sacramento Area Council of Governments’ (SACOG) Regional Carbon Reduction Program. Through a competitive process, the City selected Kimley-Horn to perform the study with a team including Charge Across Town. The work combines community engagement, existing conditions analysis, EV adoption and charger demand forecasting, equity-focused gap analysis, and policy review to identify priority areas and potential sites for expanding access to EV charging in the City. The final deliverables will include an actionable EV Charging Network Plan,and publicpartnership recommendations, funding andstrategy, implementation -facing report to guide equitable charger deployment, especially for multifamily residents, workplaces,and disadvantaged communities. Work is in progress, and deliverables to date include the Existing Conditions Assessment, an EV Charging Needs Assessment and Gap Analysis, and portions of the EV Charging Network plan and related maps. Outreach events have included pop-ups at community events, and the team is planning focus groups in August 2026 and an EV Ride and Drive Event on August 22. Kimley-Horn will deliver a draft EV Charging Network Plan and present it to the Rancho Cordova City Council in early 2027.
Timeframe for Work Performed: December 2025 to present (projected to close in Q1 2027) Client Contact: Stefan Heisler, Housing Manager | 916.851.8757 | 2729 Prospect Park Drive, Rancho Cordova, CA 95670 Assigned Key Project Personnel: Jenna McDavid, Haley Callaway, Eugene Jung, and the Charge Across Town team Arlington County, Carbon Neutral Transportation Master Plan and 5-Year Implementation Plan, Arlington County, VA
Project Description: Kimley-Horn developed a Master Plan to assist the County in accomplishing its goal of carbon neutrality by 2050. The work included nine technical memoranda, several stakeholder presentations, a comprehensive Master Plan, and a 5-year implementation plan.
Memoranda addressed greenhouse transit/school(includingvehicles fleet Countypersonaland vehiclesof emissions gas 1,500+buses); summarized dozens of interviews with peer agencies regarding their clean transportation policies and programs; provided a detailed inventory of challenges to communitywide transportation decarbonization and potential solutions (especially for vulnerable populations); thedelivered first stage of public EV charger siting analyses focused on serving residents near their homes in areas with high densities of multi-unit dwellings, renters, and low-income residents; highlighted grants, incentives, and other funding sources to support charging infrastructure acquisition; and
A-8
more. The Master Plan outlines initiatives associated with each of the Plan’s goals and the 5-Year Implementation Plan guides the Master Plan’s near -term implementation. Kimley-Horn delivered results to the County in January 2025.
Timeframe for Work Performed: November 2021 – January 2025 Client Contact: Demetra McBride, Bureau Chief, Office of Sustainability & Environmental Management (retired) | 571.317.9535 | 2100 Clarendon Boulevard, Arlington, VA 22201 (County Offices) Assigned Key Project Personnel: Jenna McDavid
City of Surprise, Public EV Charger Siting Plan, Surprise, AZ Project Description:The City of Surprise received a federally funded grant in 2024 to identify a prioritized list of public EV charger implementation projects with detailed site layouts and costs.Kimley-Horn developed an approach to scoring the sites’ suitability for hosting public chargers and scored approximately 35 City-owned sites using quantitative site prioritization criteria.These criteria included several of the same socioeconomic and equity indicators as noted in our proposal to the City of Bell Gardens. We also examined each site’s proximity to GISusing alternative fuel corridors, andaccess,freewaystations, charging publicexisting -teamthescores,site on Basedmaps.based identified the 15 highest-scoring charging sites for further consideration. Next, City staff met to discuss additional considerations such as City departments’ priorities, site utilization, dwell time, and so on. This approach narrowed the list of 15 initial sites to eight top-priority sites for further analysis. Our engineers assessed each site, examined as-built drawings, and reviewed electric billing data to determine existing and available electrical capacity at the sites and determine optimal quantities, types, and placement of chargers. We produced conceptual layouts and cost estimates for each site. Kimley-Horn packaged the above materials into a final siting Plan that the City will use to apply for a regional EV charging project implementation grant.
Timeframe for Work Performed: January 2025 – December 2025 Client Contact: Kristen Taylor, Business Services Administrator | 623.222.6021 | 16000 N Civic Center Plaza, Surprise, AZ 85374 Assigned Key Project Personnel: Jenna McDavid, Haley Callaway City of Bakersfield, Active Transportation Plan (ATP), Bakersfield, CA Description:Project Kimley- Improvement Capital theirinformwillthat Bakersfield ofATP the for comprehensiveaHorn developed City Program (CIP) for the next 10 years. The ATP supports development of a long-term vision for a citywide bicycle and pedestrian system, identifies gaps in the current network, and prioritizes improvements to enhance multimodal transportation opportunities and provide a more equitable transportation system in preparation for the upcoming citywide Vision Zero program.
As implementation, the ATP’s ofpart Kimley-Festival andSummit Transportation ActiveBakersfield led theorganizedHorn and Spotlight, an exciting and creative engagement event that drew more than 500 participants. This event successfully engaged a diverse audience, providing information about the ATP while fostering collaboration with local community organizations and stakeholders. We created all flyersurveys, online maps,outreach includingmaterials,interactive s, and presentation slides, available in English, Spanish, and Punjabi.
Additionally, we integrated innovative virtual outreach tools into the engagement process, helping to shape the Vision Plan and allowing for broad and inclusive community participation.
Timeframe for Work Performed: May 2023 – July 2025
Client Contact: Ed Murphy, Civil Engineer III | 661.326.3956 | 1600 Truxtun Avenue, Bakersfield, CA 93301 Assigned Key Project Personnel: Tatiana Lundstrom
A-9
Appendix F. Key Personnel Resumes
JENNA MCDAVID
Project Manager
Jenna has more than 25 years of experience in clean energy and clean transportation and leads Kimley-Horn’s datadelivering in She specializes Planning & StrategyZEV Practice.-driven insights to support strategic decision making. Her current and recent engagements focus on strategies to support deployment of charging infrastructure for light-, medium-, and heavy-duty EVs and to costsdeployment offset other funding grantssecure clientsher helping and A. respected industry expert, Jenna served two consecutive terms as Commissioner on Energy Use and for the Change Climate of Advisor Expertand asMassachusetts,City to the Somerville, CPUC in support of their Long-Term Energy Strategic Plan. Currently, she serves as President of the Board of Directors for the Association of Women in Water, Energy and Environment as well as Chair of the San Francisco Bay Area chapter of Women of Electric Vehicles.
RELEVANT EXPERIENCE
» City of Rancho Cordova, EV Charging Needs Assessment and Network Planning St udy, Rancho Cordova, CA – Project Manager » City of Surprise, Public EV Charger Siting Plan, Surprise, AZ – Project Manager » Arlington County, Carbon Neutral Transportation Master Plan and 5-Year Implementation Plan, Arlington County, VA – Project Manager
» City of Lancaster, Citywide EV Charging Network Plan, Lancaster, PA – Technical Advisor » North Central Texas Council of Governments, North Texas Equitable EV Infrastructure Project, Arlington, TX – Technical Advisor » Baseline Metropolitan District No. 1, Public EV Charging Master Plan, Broomfield, CO – Project Manager » City of Laguna Niguel, EV Charging Station Policy and Program Study, Laguna Niguel, CA – Technical Advisor » City of Malibu, Green Fleet Plan and Charging Infrastructure Plan, Malibu, CA – Project Manager » Capital SouthEast Connector Expressway Joint Powers Authority, Medium - and Heavy-Duty EV Charging Hub Strategy, Sacramento Region, CA – Project Manager
» University of California, Davis, “Transportation Tomorrow” University Fleet Vehicles Operation and Electrification Plan, Davis, CA – Technical Advisor
» Emerald Coast Regional Council, Siting Strategy for Public EV Chargers, Multiple Locations, FL – Project Manager » City of Longview, Energy Efficiency and Conservation Strategy, Longview, TX – Project Manager » City of Mesa, EV Charging Infrastructure Master Plan, Mesa, AZ – Technical Advisor » City of Phoenix, Public EV Charging Support Services (Electrical Infrastructure Assessment, EV Sales Registration Data Analysis, and GIS Mapping Support), Phoenix, AZ – Project Manager » Confidential National Private Client, California Electric Vehicle Infrastructure Project (CALeVIP) Grant Application Support and Post-Award Grant Management Support, Multiple Sites, CA – Project Manager » Confidential National Private Client, EV Charging Infrastructure Deployment Strategy and EV Charging Site Design, Nationwide, US – Project Manager
» Confidential National Private Client, US Department of Agriculture Higher Blends Infrastructure Incentive Program Clean Fuels Grant Application and Post-Award Grant Management Support, CA – Project Manager
PROFESSIONAL CREDENTIALS
» Master of Arts, Environmental
Science & Policy, Clark
University
» Bachelor of Arts,
Environmental Science &
Policy and Ecology, Clark
University
PROFESSIONAL AFFILIATIONS
» Association of Women in
Water, Energy, and
Environment, President of the
Board of Director s
» Women of Electric Vehicles,
Chair, San Francisco Bay
Area Chapter
A-10
HALEY CALLAWAY , PE(GA, NC)
Deputy Project Manager; Planning, Analysis, and Reporting Lead Haley is a civil engineer with five years of experience in planning for EV charging infrastructure, parking, and mobility for local and regional governments, universities, and parking operators. Her work in EV charging focuses on infrastructure siting and on developing EV Master Plans.
RELEVANT EXPERIENCE
» City of Rancho Cordova, EV Charging Needs Assessment and Network Planning Study, Rancho Cordova, CA – Deputy Project Manager
» City of Surprise, Public EV Charger Siting Plan, Surprise, AZ – Project Engineer » Garden Plaza Investors LP, EV Charger Site Design and Permitting Support, Santa Barbara, CA – Project Engineer » USDOT, Charging and Fueling Infrastructure (CFI) Discretionary Grant Program Public EV Charger Siting Framework and Engineering Support, Dane County, WI – Deputy Project Manager » Montgomery Metropolitan Planning Organization, EV Charging Infrastructure Plan, Montgomery, AL – Deputy Project Manager » North Carolina DOT, National Electric Vehicle Infrastructure (NEVI) Deployment Plan, NC – EV Analyst » University of Wisconsin -Madison, Fleet EV Infrastructure Study, Madison, WI – Deputy Project Manager » West Virginia DOT, NEVI Deployment Plan, WV – EV Analyst » North Central Texas Council of Governments, North Texas Equitable EV Infrastructure Project, Arlington, TX – Project Engineer » City of Phoenix, 2026 EV RFI Study, Phoenix, AZ – Project Manager » Philadelphia Parking Authority, EV Charger Site Design, Philadelphia, PA – Project Engineer » Confidential National Private Client, US Department of Agriculture Higher Blends Infrastructure Incentive Program Clean Fuels Grant Application and Post-Award Grant Management Support, CA – Project Engineer » Prologis, Air Quality Management District (AQMD) Invest Clean Climate Pollution Reduction Grant Support (Heavy Duty EV), Southern CA – Project Engineer
PROFESSIONAL CREDENTIALS
» Bachelor of Science, Civil
Engineering, Georgia Institute
of Technology
» Professional Engineer in
Georgia #53950 and North
Carolina #060184
PROFESSIONAL AFFILIATIONS
» Women of Electric Vehicles,
Member
A-11
TATIANA LUNDSTROM ,
PE, RSP1
Public Outreach Lead
Tatiana has nearly 10 years of experience working on a variety of transportation projects, to contributed hasdesigner, a As she and public designin both expertisebringing outreach. projects involving bicycle and pedestrian facilities, intersections, signing and pavement marking, roundabouts, and other safety improvements. In her role as an outreach coordinator, she has led school walk audits, safe school outreach initiatives, public project workshops, community event canvassing, and the scheduling,planning, has proj planningprojects,multiple led outreach on Plans.TatianaSafety Transportation andATPsofcoordinationand Action ect-specific outreach events that had more than 500 attendees. Conversant in Spanish and Mandarin Chinese, in addition to English, Tatiana’s multilingual skills allow her to engage effectively with diverse communities, making outreach efforts more inclusive and accessible. Her strong written and verbal communication enahavedevelop creative solutions,todrive and industry, passion forambition,her withcombinedskills,the bled her to deliver high-quality work efficiently and effectively.
RELEVANT EXPERIENCE
» City of Bell Gardens, Transit-Oriented Communities Specific Plan, Bell Gardens, CA – Outreach and Engagement Lead » City of Bakersfield, Active Transportation Plan, Bakersfield, CA – Outreach and Engagement Lead » City of San Marcos, Active Transportation Plan , San Marcos, CA – Engagement Lead » Caltrans, Statewide Vulnerable Road Users Safety Assessment, Statewide, CA – Deputy Project Manager and Stakeholder Coordinator
» City of Bakersfield, Old Town Kern Core Area Vision Plan, Downtown Bakersfield, CA – Outreach and Engagement Lead » City of Santa Clara, Vision Zero Plan, Santa Clara, CA – Outreach and Engagement Lead » Caltrans, Strategic Highway Safety Plan (SHSP) Update and Implementation, Statewide, CA – Deputy Project Manager » Jamul Indian Village, SR 94 Improvements: National Environmental Policy Act (NEPA), Environmental Impact Report (EIR),, Project Approval and/Environmental Document (PA&ED), and Plans, Specifications, and Estimates (PS&E), Jamul, CA – Deputy Project Manager
» Southern California Association of Governments (SCAG) and City of Moreno Valley, Pedestrian Access Plan, Moreno Valley, CA – Outreach and Engagement Lead
» City of Costa Mesa, Development of Safe Routes to School Action Plan, Costa Mesa, CA – Outreach and Engagement Lead » Caltrans, SR 78 Asset Management PS&E, San Marcos, CA – Deputy Project Manager » SANDAG, Orange Bikeway Final Design, San Diego, CA – Task Manager » Caltrans District 11, Voigt Drive/I-5 North Coast Corridor Improvements (PS&E), San Diego, CA – Task Manager » Caltrans District 11, I-5 North Coast Corridor PS&E, Construction Support, and Express Lanes, San Diego, CA – Task Manager » Caltrans District 11, A&E On-Call Roadway Design Services, SR 52 PS&E, San Diego, CA – Task Manager » Caltrans District 11, On-Call Roadway Design Services, SR 78 Culverts PS&E (Task Orders 8 and 21), San Diego, CA – Task Manager
» City of Chula Vista, Main Street Interconnect, Chula Vista, CA – Project Engineer » City of Morro Bay, Local Roadway Safety Plan (LRSP), Morro Bay, CA – Project Engineer
PROFESSIONAL CREDENTIALS
» Bachelor of Science, Civil
Engineering, Clemson
University
» Bachelor of Arts, Modern
Languages (Mandarin
Chinese), Clemson University
» Professional Engineer in
California #95416
» Roadway Safety Professional 1
#1559
A-12
EUGENE JUNG
GIS Mapping Lead
Eugene is an accomplished analyst with extensive experience in data-driven research and evaluation within civil and environmental engineering.As a Graduate Student Instructor at UC Berkeley,Eugene taught data analysis Transp theAt instruction. andproviding individualized students,supportto Python in methods statisticalandtechniques 90 ortation Sustainability Research Center (TSRC) at UC Berkeley, Eugene designed and administered surveys to assess the effectiveness of California Air Resources Board (CARB) projects, analyzed survey data to evaluate program outcomes, and authored comprehensive reports to guide decision making. analysis articles, newsBART ofstudysentimentHis hisdemonstrated by furtherisexperience analytical leadership in a where he applied natural language processing to assess media impact on public perception. These experiences reflect Eugene’s strong analytical skills, proficiency in programming, and ability to translate data into actionable insight.
RELEVANT EXPERIENCE
» City of Rancho Cordova, EV Charging Needs Assessment and Network Planning Study, Rancho Cordova, CA – Project Analyst » City of Phoenix, 2026 EV RFI Study, Phoenix, AZ – Project Analyst » City of Hawthorne, Citywide Parking Study, Hawthorne, CA – Project Analyst » City of Ventura, Downtown Expanded Paid Parking, Ventura, CA – Project Analyst » City of Millbrae, Parking Management Program, Millbrae, CA – Project Analyst » City of Sunnyvale, Borregas Avenue Parking Study, Sunnyvale, CA – Project Analyst » City of Pleasant Hill, Safety Action Plan Study, Pleasant Hill, CA – Project Analyst » Monterey-Salinas Transit, Designing for T ransit Guidelines and ADA A nalysis, Monterey, CA – Project Analyst » Metropolitan Transportation Commission, Traffic Incident Management Support Program Planning and Implementation, Oakland, CA – Project Analyst
» Caltrans, 2025–2029 California State Highway Safety Plan (SHSP) Development and Facilitation Services, Statewide, CA – Project Analyst
» City of Oakland, Oakland Connect Fiber Network Design, Oakland, CA – Project Analyst » City of Oakland, Local Streets Pavement Rehabilitation, Oakland, CA – Project Analyst » City of Richmond, Bayview Avenue Improvements, Richmond, CA – Project Analyst » County of San Benito, Union Road Reconstruction, San Benito County, CA – Project Analyst
PROFESSIONAL CREDENTIALS
» Master of Science, Civil and
Environmental Engineering,
University of California,
Berkeley
» Bachelor of Science, Civil
Engineering, University of
California, Berkeley
A-13
PATRICK WONG, ENV SP,
QSD/P, CPTED
Site Feasibility Assessment Lead
Patrick has 32+ years of experience working on municipal infrastructure projects and has extensive knowledge of the design process for conformance to standards and policies. He has led projects involving development of project study reports,utility design and relocation, street improvement and widening,third-party approvals, grading and drainage, stormwater management, and traffic signing and striping. In past projects, he was able to identify risks early and develop measures to mitigate them through the planning, design, or construction stages. As a seasoned professional, he verifies that the right resources are allocated to complete the project assignment, and his combined skills help resolve issues before construction.
RELEVANT EXPERIENCE
» City of Artesia, Battery Electric Bus Charging Station Deployment, Artesia, CA – Project Manager » LA Metro, Division 9 and El Monte Station, Battery Electric Bus Infrastructure Project, El Monte, CA – Civil Design Lead Manager » LA Metro, Division 18, Battery Electric Bus Infrastructure Project, Gardena, CA – Civil Design Lead Manager » L A Metro, North Hollywood District Transit Center Redevelopment and Electric Bus Charging Infrastructure Design, Hollywood, CA – Project Manager
» LA Metro, El Monte Transit Center Electric Bus Charging Infrastructure Design, El Monte, CA – Project Manager » City of Artesia, Southeast Gateway Line Artesia Station Traffic Safety Improvements Review and Support, Artesia, CA – Project Manager
» City of Agoura Hills, Forest Cove Park Site Maintenance and Improvements, Agoura Hills, CA – Civil Design Lead » City of Signal Hill, Civic Center Master Plan Project, Signal Hill, CA – Project Manager » LA Metro, Sustainability Program Assistance Services 2020–2024, Los Angeles, CA – Project Manager » LA Metro, Willowbrook/Rosa Parks Station Improvement Project Design and Engineering Services, Los Angeles, CA – Project Manager
» LA Metro, North Hollywood to Pasadena Bus Rapid Transit (BRT) Planning and Environmental Study, Los Angeles to Pasadena, CA – Project Engineer
» Southern California Regional Rail Authority (SCRRA)/Metrolink, Professional Engineering Design Services for Devonshire Street Crossing Safety Improvement Project, Los Angeles, CA – Project Engineer » Rose Bowl Operating Company (RBOC), Plumbing Infrastructure for the Rose Bowl, Pasadena, CA – Project Manager » RBOC, Water and Sewer Asset Management Report, Pasadena, CA – Project Manager » RBOC, South Plaza Entry and Median Bio-Swale Improvements, Pasadena, CA – Project Manager » RBOC, Emergency Infrastructure Repair Program, Pasadena, CA – Project Manager » RBOC, Pavilion and Concourse Improvements, Pasadena, CA – Project Manager » RBOC, Locker Room and Media Center Improvements, Pasadena, CA – Project Manager
PROFESSIONAL CREDENTIALS
» Bachelor of Science, Urban
and Regional Planning,
California State Polytechnic
University, Pomona
» Envision Sustainability
Professional #20912
» Qualified SWPPP Developer/
Practitioner in California
#22862
» Crime Prevention Through
Environmental Design
Professional #23675179
A-14
FABIAN CAMPOS, AICP
Advisory Committee Lead
Fabian works with public and private clients on equitable strategies and implementation, providing nuanced understanding of markets, the federal legislative process, and regulatory environment to plan, design, and develop projects that advance equitable outcomes for underserved communities. For nearly a decade, Fabian has worked on multimodal transportation projects, safety projects,zero emission plans, micromobility pilots, benefit -cost analyses, and local, state, and federal grants. His broader technical experience includes geospatial analyses, land-use planning, transit-oriented communities,community engagement, and transportation planning. Fabian is fluent in Spanish and capable of providing interpretation/translation services.
RELEVANT EXPERIENCE
» City of Modena, Active Transportation Plan and American with Disabilities Act (ADA) Transition Plan, Modena, CA – Spanish Interpreter
» City of Glendale, Glendale Speed Safety System Pilot Project Program, Glendale, CA – Project Planner and Spanish Interpreter » City of Monterey Park, Vision Zero Safety Action Plan, Monterey Park, CA – Deputy Project Manager » LA Metro, Safety Action Plan, Los Angeles County, CA – Deputy Project Manager » City of Rialto, Rialto Safety Action Plan, Rialto, CA – Project Planner and Spanish Interpreter » SCAG and City of Moreno Valley, Pedestrian Access Plan, Moreno Valley, CA – Project Planner » City of Bakersfield, Old Town Kern Core Area Vision Plan, Bakersfield, CA – Project Planner » City of Costa Mesa, Safe Routes to School Action Plan, Costa Mesa, CA – Deputy Project Manager » City of Buena Park, Safe Routes to School Action Plan, Buena Park, CA – Project Planner and Spanish Interpreter/Translator » City of Buena Park, Orangethorpe Avenue Complete Streets Planning Study, Buena Park, CA – Stakeholder and Public Outreach » City of Goleta, Safe Streets for All (SS4A) Grant Program, Goleta, CA – Lead Grant Writer » City of Paso Robles, Trade Corridor Enhancement Program (TCEP) Grant, Paso Robles, CA – Lead Grant Writer » City of Goleta, Reconnecting Communities Pilot (RCP) Grant Program, Goleta, CA – Lead Grant Writer » National Park Service (NPS) and Federal Highway Administration (FHWA), Equity Blueprint for Access Communities, US, National – Deputy Project Manager*
» Caltrans District 4, Vision 980: Phase 2 Feasibility Study, West Oakland, CA – Equity Task Lead* » Sarasota County, Climate Pollution Reduction Grant (CPRG), Sarasota, FL – Engagement Lead* » Valley Metro Transit System, Low-and -No Emission Grant, Phoenix, AZ – Equity Analysis Lead* *Prior to joining Kimley-Horn
PROFESSIONAL CREDENTIALS
» Master of Science, Urban and
Regional Planning, University
of California, Los Angeles
» Bachelor of Science,
Sociology, Grinnell College
» American Institute of Certified
Planners #37066
A-15
JONGMI KAGABO
Community Engagement Lead
Jongmi is an urban designer and planner whose work bridges land use planning, site design, and visualization. Her practice centers on specific plans, objective design standards, and the translation of policy direction into tangible development outcomes. Prior to joining Kimley-Horn, Jongmi worked on key projects including the award-winning City of Chino Civic Center Master Plan;Long ofCityStandards;DesignObjectiveandPlansSpecific ValleySimiEnvisionthe Beach Downtown Plan Update; and many other transportation/transit and design-related projects. Most recently,Jongmi has been supporting the City’s Transit-Oriented Communities Specific Plan,where she has gained invaluable knowledge of the local community through various successful engagement events.
RELEVANT EXPERIENCE
» City of Bell Gardens, Transit-Oriented Communities Specific Plan, Bell Gardens, CA – Planning Analyst/Designer
» City of Bakersfield, Old Town Kern Core Area Vision Plan, Bakersfield, CA – Planning Analyst/Designer » City of Montebello, Bus Stop Improvement Plan, Montebello, CA – Planning Analyst » City of Livermore, Transit Center Signs, Livermore, CA – Planning Analyst/Designer » County of Riverside, Riverside County Safe Streets for All, Riverside, CA – Planning Analyst/Designer » Tuolumne County Transportation Council, SR49 Gold Rush Multi-Use Path Phase 2 and 3: Feasibility and Complete Streets Study, Tuolumne County, CA – Planning Analyst/Designer
» County of Los Angeles, Rosemead Lakewood Complete Corridor BRT , Los Angeles County, CA – Planning Analyst/Designer » City of Las Vegas, All-Access to Mobility Plan (AAMP), Las Vegas, NV – Planning Analyst/Designer » Stanislaus County Council of Governments (StanCOG), Community Enhancement Zones (CEZ), Stanislaus County, CA – Planning Analyst/Designer
» City of Chino, Civic Center Master Plan, Chino, CA – Junior Planner/Designer* » Envision Simi Valley, Specific Plans and Objective Design Standards, Simi Valley, CA – Junior Planner/Designer* » City of Long Beach, PD-30 Downtown Plan Update, Environmental Review and Re-Adoption, Long Beach, CA – Junior Planner/Designer*
» City of Los Angeles, Valley Boulevard Multimodal Transportation Project, Los Angeles, CA – Junior Planner/Designer* » City of Inglewood, Inglewood Transit Connector (ITC) DBFOM Pursuit, Inglewood, CA – Junior Planner/Designer* » County of Los Angeles, Los Angeles Countywide Objective Design Standards, Los Angeles, CA – Junior Planner/Designer* » City of Los Angeles, La Brea Tar Pits and Museum Executive Design, Los Angeles, CA – Junior Planner/Designer* » SANDAG, Cross Border Trolly, San Diego, CA – Junior Planner/Designer* *Prior to joining Kimley-Horn
PROFESSIONAL CREDENTIALS
» Master of Science, Urban
Planning-Urban Design,
University of Southern
California
» Bachelor of Science, Business
and French, Drew University
PROFESSIONAL AFFILIATIONS
» Urban Land Institute, Member
» American Planning
Association, Member
» National Organization of
Minority Architects, Member
» Where are the Black
Designers, Volunteer
» LA Promise Fund, Young
Professionals Council,
Member
A-16
REBECA DURAN LOPEZ
Survey Lead
Rebeca is a planner with public- and private-sector experience in comprehensive planning and policy analysis.She applies a multidisciplinary perspective to complex planning programs,including General Plans,Vision Zero Action Plans,and Active Transportation Plans, and Safe Routes to School plans.Rebeca is a hands-on practitioner, having organized and staffed community meetings,walk audits,pop -ups, workshops,surveys,and outreach campaigns tailored to the specific demographics and languages of each jurisdiction.She is s killed at translating technical planning requirements into accessible materials for the public.
RELEVANT EXPERIENCE
» City of Monterey Park, Vision Zero Action Plan, Active Transportation Plan, and Complete Streets Plan, Monterey Park, CA – Planning Analyst
» City of Costa Mesa, Safe Routes to School Action Plan, Costa Mesa, CA – Task Lead » County of Ventura, Vision Zero Action Plan, Ventura County, CA – Planning Analyst » Stanislaus Regional Transit Authority (StanRTA), Bus Rapid T ransit PublicCoordinate Site Development, Modesto, CA – Project Analyst
» StanCOG, Regional Early Action Planning (REAP) 2.0 Community Enhancement Zone Plans, Vehicle Miles Traveled (VMT) Mitigation Strategy, and Sustainable Communities Strategies (SCS) Bicycle and Pedestrian Plans, Modesto, CA – Planning Analyst » City of Needles, Active Transportation Plan, Needles, CA – Planning Analyst
REBECCA CHAN
Graphic Design Lead
Rebecca is a graphic designer skilled in animation, creative direction, layout, photo manipulation, presentation design, social media graphics and design peuniquea brings she health,urban planning and inbackground her Withinterface design.user public the servicing rspective, different disciplines involved at Kimley-Horn. The design tools in her repertoire include Adobe After Effects, Illustrator, InDesign, Photoshop, Premier, Figma, and SketchUp.
RELEVANT EXPERIENCE
» City of Los Angeles, Vision Zero Program Independent Evaluation, Los Angeles, CA – Graphic Designer » City of Lomita, Traffic Calming Toolkit, Lomita, CA – Graphic Designer » Caltrans, Complete Streets Guide Update, Statewide, CA – Graphic Designer » Caltrain, Program Support Services, Bay Area, CA – Graphic Designer » Santa Clara Valley Transportation Authority (VTA), Bay Area Rapid Transit (BART) Silicon Valley Phase II, Santa Clara County, CA – Graphic Designer
» Santa Cruz METRO, Watsonville-Santa Cruz Rapid Corridor, Santa Cruz County, CA – Graphic Designer » City of Oklahoma City, MAPS 4 Transit-Planned Growth Long -Range Plan, Oklahoma City, OK – Graphic Designer
PROFESSIONAL CREDENTIALS
» Master, Urban and Regional
Planning, University of
California, Irvine
» Bachelor of Arts, Urban
Studies, University of
California, Irvine
PROFESSIONAL CREDENTIALS
» Bachelor of Science, Public
Health (Minor in Speculative
Design and Urban Planning),
University of California,
San Diego
A-17
MAUREEN BLANC
EV Ride and Drive Event Lead
Maureen is the executive director of Charge Across Town, a non-profit organization with the mission to help reduce carbon of adoption thepromoting California intrucks and bycarsfromemissions ZEVs for responsibleis. She organizational strategy, business planning, programming,fundraising, and marketing.Previously, Maureen was Northern California Chapter Leader for Environmental Entrepreneurs, the independent business voice for the environment, and an affiliate of the Natural Resources Defense Council.
RELEVANT EXPERIENCE
» City of Rancho Cordova, EV Charging Needs Assessment and Network Planning Study, Rancho Cordova, CA – EV Ride and Drive Manager
» SMUD, 2020–2025 Drive Electric Ride and Drive Series (Event and Staffing Oversight, Data Collection, and Reporting), Sacramento, CA – EV Ride and Drive Manager
» City of Sunnyvale, Sunnyvale Drive Electric 2022–2025 Annual Ride and Drive Events (Event and Staffing Oversight, Data Collection, and Reporting), Sunnyvale, CA – EV Ride and Drive Manager » City of San Francsico, 2024 EV Week (2-Day EV Ride and Drive Event with Rebate Programs, Charging Options, E-mobility Solutions, and Clean Energy Providers), San Francisco, CA – EV Ride and Drive Manager
MICHELLE PIERCE
EV Ride and Drive Event Coordinator
advocate in Inland theinand Empirevehicle electricrecognized a isMichelle enthusiast Southern California. She founded EV Nirvana, a company dedicated to the promotion, education, advocacy plug of salesand - Electricin Vehicles. exper deephasMichelle education EV intise and outreach, strategic planning, EVSE site design and analysis, project management and EV charging practices.best on presentationsdeliveredhasMichelle specialized EVs Infrastructure, Chargingand faith and organizations, community utilities,local with outreachexecuting and developing strategies -based organizations and advocating for federal and state policies for lower income residence to receive incentives that help them with buying or leasing EVs.
RELEVANT EXPERIENCE
» City of Los Angeles, EV Ride and Drive Event , Los Angeles, CA – EV Ride and Drive Manager » City of San Diego , EV Ride and Drive Event, San Diego , CA – EV Ride and Drive Manager » La Jolla Amago Reservation , EV Ride and Drive Event, Rialto , CA – EV Ride and Drive Manager » City of Ontario , EV Ride and Drive Event, Ontario , CA – EV Ride and Drive Manager » City of Coachella, EV Ride and Drive Event, Coachella, CA – EV Ride and Drive Manager
PROFESSIONAL CREDENTIALS
» Bachelor of Arts, English,
University of California,
Berkeley
PROFESSIONAL CREDENTIALS
» Bachelor of Science, Electrical
Engineering, California State
University, Long Beach
» Certificate in Geographic
Formation Systems, University
of California, Riverside
» Certified Energy Manager,
Association of Energy
Engineers
Contact
Jenna McDavid
[email protected]
510.946.7155
660 S Figueroa St #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.
Copyright © 2026 Kimley-Horn and Associates, Inc.
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM:Manuel Acosta, Acting City Manager
BY:Bernardo Iniguez, Director of Public Works/Facilities Douglas Benash, P.E., City Engineer
SUBJECT:Consideration of Award of Construction Contract for the Recycled Water Pipeline Installation Project (CIP No. 3852)
DATE:September 28, 2026
RECOMMENDATION:
It is staff’s recommendation that the City Council:
1. Award a construction contract to T.E. Roberts, Inc. in the amount of $2,466,784 for the Recycled Water Pipeline Installation Project (CIP No. 3852); and
2. Authorize the Acting City Manager to execute the Construction Contract and approve change orders that may be necessary during construction to address unforeseen conditions in an amount not to exceed 5% of the construction contract, or $123,340; and
3. Appropriate $300,000 in Measure R funds and $150,000 in Prop C funds to cover the construction budget shortfall.
BACKGROUND/DISCUSSION:
The City of Bell Gardens is implementing the Recycled Water Pipeline Installation Project, CIP No. 3852 (“Project”), to expand recycled water infrastructure within the City. The Project includes recycled water improvements along Garfield Avenue from Park Lane to Florence Place, Florence Place from Garfield Avenue to Sudan Street, and Emil Avenue from Florence Place to the alley.
The Project generally consists of the installation of new recycled water pipeline and associated improvements, including valves and appurtenances, trenching, bedding and backfill, pavement restoration, concrete improvements, recycled water irrigation laterals, booster pump-related improvements, traffic signal loop restoration, erosion control and best management practices, soil compaction testing, construction surveying, project signage, and other related work necessary to complete the Project.
The Engineer’s Estimate for the Project was $2.9 million. The contract documents provide for a construction schedule of approximately 100 calendar days following the issuance of the Notice to Proceed. The bid documents anticipated material procurement during November and December 2026, followed by physical construction beginning in early 2027.
The City initially advertised the Project for construction bids on May 14, 2026, with bids being received on June 25, 2026. The bids received under the initial solicitation were subsequently rejected by the City Council on July 27, 2026, due to the bid solicitation materials needing to be revised to obtain a bid that was more appropriate for the City’s needs.
The City issued the Notice Inviting Sealed Bids for the Project on August 6, 2026. A mandatory pre-bid meeting was held on August 12, 2026, and Requests for Information were due August 19, 2026. Bids were due and publicly opened on September 3, 2026, at 11:00 a.m. Attendance at the pre-bid meeting was mandatory, and the bid documents specified that failure of a prime contractor to attend and sign in would result in its proposal being found nonresponsive.
Addendum No. 1 was issued on August 26, 2026, providing responses to bidder questions and clarifications to the bid documents. The Addendum confirmed that the Project utilizes non- federal funds and is subject to State prevailing wage requirements. The Addendum further clarified that the primary basis of award would be the base bid, with the City retaining discretion to award any, none, or all bid alternates based on available Project funding.
On September 3, 2026, the City received a total of four (4) bid proposals for the Project:
Bidder’s Name Base Bid Amount
T.E. Roberts, Inc.$2,466,784.00
Big Ben, Inc.$3,119,983.00
CEM Construction Corp.$3,255,975.00
Cedro Construction Inc.$3,784,378.30
Staff conducted an analysis of the apparent lowest bidder, T.E. Roberts, Inc., including a review of the bid schedule, bid bond, acknowledgment of Addendum No. 1, contractor information, subcontractor information, references, and other documentation submitted with the proposal. T.E. Roberts, Inc. attended the mandatory pre-bid meeting and submitted the required bid bond and acknowledgment of Addendum No. 1. Based on staff’s review of the bid documents, T.E. Roberts, Inc. has been determined to be the lowest responsive and responsible bidder.
Bidder’s Name Base Bid Amount
T.E. Roberts, Inc.$2,466,784.00
ENVIRONMENTAL ANALYSIS:
This Project has been reviewed in accordance with Section 21084 of the California Public Resources the of Implementation for Code, requires which California Guidelines Environmental Quality Act ("CEQA"). The Guidelines are required to include a list of classes of projects which have been determined to have a significant effect on the environment, and
which are exempt from the provisions of CEQA. In response to that mandate, staff identified classes of projects that do not have a significant effect on the environment and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15301 "Existing Facilities," Class 1 projects consist of operation, repair, and maintenance of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities, therefore, the Project is considered categorically exempt from CEQA, and a Notice of Exemption has been prepared and will be filed with the County Clerk’s Office.
CONCLUSION:
If the Construction Contract is awarded, staff will process the contract documents for execution and coordinate a pre-construction meeting with T.E. Roberts, Inc. Following execution of the contract and satisfaction of all required pre-construction requirements, staff will issue the appropriate Notice to Proceed and coordinate commencement of the Project.
FISCAL IMPACT:
The Construction Contract with T.E.Roberts, Inc. is $2,466,784. A 5% construction contingency in the amount of $123,340 is recommended to address unforeseen conditions that may arise during construction with construction management/inspection in the amount of $263,052. The total authorized amount, including the construction contingency and project soft costs, would therefore be $2,853,176.
The FY 2026/2027 Capital Improvement budget includes $2,353,176 of Prop 2 IRWM Grant funds and a $50,000 General Fund Local Match for the construction of the Project. Therefore, an additional appropriation of $300,000 in Measure R funds (285-4777-3852) and $150,000 in Prop C (281-4777-3852) funds is necessary to cover the shortfall.
APPROVED ELECTRONICALLY BY:
Manuel Acosta, Acting City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services
CITY OF BELL GARDENS
CONSTRUCTION CONTRACT
FOR
RECYCLED WATER PIPELINE INSTALLATION FY 2025-2026
CIP NO. 3852
IN THE CITY OF BELL GARDENS
THIS CONSTRUCTION CONTRACT (hereinafter, “Contract”) is made and entered into this ___________ day of 2026 (hereinafter, the “Effective Date”), by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, “CITY”) and T.E. ROBERTS, INC. (hereinafter, “CONTRACTOR”). For the purposes of this Contract, CITY and CONTRACTOR may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONTRACTOR interchangeably as appropriate.
RECITALS
WHEREAS, CITY requires public works construction services for the recycled water pipeline installation at Garfield Avenue, from Park Lane to Florence Place; Florence Place, from Garfield Avenue to Sudan Street; and Emil Avenue, from Florence Place to Alley, FY 2025-2026, CIP No. 3852 (hereinafter, the “Project”); and
WHEREAS, CITY issued a notice inviting competitive bids for the Project on August 6, 2026; and
WHEREAS, following the opening of bids on September 3, 2026, CONTRACTOR was determined to be the lowest responsive and responsible bidder for the Project.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONTRACTOR agree as follows:
ARTICLE I (CONTRACT DOCUMENTS)
The contract documents for the Project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, General Specifications, Standard Specifications,Special Provisions, Plans, and all referenced specifications, details, standard drawings, and appendices, any and all addenda, Proposal, Bidder Information, all required bonds, insurance any andaffidavits notices, certificates,Contract,this futurepermits, supplemental agreements or Contract change orders, as they may be approved by CITY (hereinafter “Contract Documents”). All of the provisions of the Contract Documents are
made a part hereof as though fully set forth herein and are attached and incorporated hereto as Exhibit “A.”
ARTICLE II (WORK TO BE PERFORMED)
CONTRACTOR agrees to furnish all tools, equipment, apparatus, facilities, labor, transportation, and completetonecessary material and perform , andgoodain workmanlike manner, Project as called for, and in the manner designated in, and in strict conformity with, the Contract Documents. It is understood and agreed that the tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished and the work performed and completed as required in the Drawings and Specifications under the sole direction and control of the CONTRACTOR, and subject to inspection and approval of the CITY, or its representatives.
ARTICLE III (CONTRACT PRICE)
CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for the work above agreed to be done, the sum of TWO MILLION FOUR HUNDRED SIXTY-SIX THOUSAND SEVEN HUNDRED EIGHTY-FOUR DOLLARS ($2,466,784) for the Project (hereinafter, the “Bid Price”). CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance, including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid Contract Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
As authorized by the City Council at its Meeting of September 28, 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 Bid Price without further City Council approval provided such additional expenditures do not cumulatively exceed an amount equal to five percent (5%) of the Bid Price. Any such additional expenditures must be approved by the City Manager in writing before they may be incurred.
ARTICLE IV (NOTICE AND SERVICE THEREOF)
Any notice from one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoe ver unless served in the following manner, namely:
(a) If the notice is given to the CITY, by personal delivery thereof, or by depositing the same in the United States mail, enclosed in a sealed envelope, postage prepaid, and certified; addressed to the CITY at:
City of Bell Gardens
Public Works Department
Attn: Public Works Director/Facilities
Bell Gardens City Hall
7100 Garfield Avenue
Bell Gardens, CA 90201
(b) If the notice is given to the CONTRACTOR, by personal delivery thereof to said CONTRACTOR or to its duly authorized representative at the site of the Project, or by depositing the same in the United States mail, enclosed in a sealed envelope, postage prepaid, and certified; addressed to the CONTRACTOR at:
T.E. Roberts, Inc.
17771 Mitchell Noreth
Irvine, CA 92614
Attn: Timothy Roberts, President
Phone: 714-669-0072
(c) If the notice is given to the surety or any other person, by personal delivery to such surety or other person, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to such surety or other person, as the case may be, at the address of such surety or person last communicated by it to the party giving the notice, postage prepaid and certified.
ARTICLE V (INSURANCE)
A. Project,theof durationthethroughout of beginningthetoPrior and CONTRACTOR and its subcontractors shall maintain insurance in conformance with the requirements set forth below. CONTRACTOR will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so or to procure insurance coverage to satisfy the requirements.
B. CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this Section constitute the minimum amount of coverage required. Any insurance proceeds available to CONTRACTOR or its subcontractors in excess of the limits and coverage identified in this Contract and which is applicable to a given loss, claim or demand, will be equally available to CITY.
C. Without limiting CONTRACTOR’s indemnification of CITY and/or the Indemnified Parties and prior to commencement of the Project, CONTRACTOR shall obtain, provide,
and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to CITY.
D. General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
E. Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with work to be performed under this Contract, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
F. liability insuranceexcess or Umbrella limits].higher meet required[If to.
CONTRACTOR shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. S uch policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer;
• “Pay on behalf of” wording as opposed to “reimbursement”; • Concurrency of effective dates with primary policies.
Should CONTRACTOR obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.
G. Workers’compensation insurance. CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code . In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.
CONTRACTOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation andagents,officers, its employees, of favor in endorsement CITY, volunteers.
H. CONTRACTOR’s pollution liability insurance. Coverage shall provide for liability arising out of sudden, accidental, and gradual pollution, and remediation. The policy limit shall in activitiesAllaggregate. theandnoper $1,000,000thanlessbe claim contemplated in this Contract shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for remediation of the site in the event of an environmental contamination event arising out of the materials, supplies, products, work, operations, or workmanship.
I. Transportation pollution liability insurance. Coverage shall be in an amount not less than $5,000,000 combined single limit per accident and shall include Pollution Liability (CA9948) and MCS-90 Endorsements. The policy shall provide coverage for transportation of pollutants/contaminants to and from the job site and the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites.
J. Builder’s risk (course of construction). Upon commencement of construction and with approval of CITY, CONTRACTOR shall obtain and maintain builder’s risk (course of construction) coverage for the entire duration of the Project until only the CITY has an insurable interest. The builder’s risk coverage shall include the following:
The named insureds shall be CONTRACTOR and CITY, including its officers, officials, employees, and agents. All subcontractors (excluding those solely responsible for design work) of any tier and suppliers shall be included as additional insureds as their interests may appear. CONTRACTOR shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to CITY. The policy shall contain a provision that all proceeds from the builder’s risk policy shall be made payable to the CITY. The CITY will act as a fiduciary for all other interests in the Project.
Policy shall be provided for replacement value on an “all risk” basis for the completed value of the Project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sublimits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any Project materials or supplies, if applicable; and (7) coverage with sublimits sufficient to insure the full replacement value of any property or equipment stored either on or off the site or any staging
area. Such insurance shall be on a form acceptable to CITY to ensure adequacy of terms and sublimits and shall be submitted to the CITY prior to commencement of construction.
K. Installation floater. If required by the CITY or not covered by builders’ risk (course of construction) coverage, CONTRACTOR shall obtain an installation floater for the value of the property and covering the portion of the work to be constructed, installed, altered, or repaired by CONTRACTOR. The installation floater policy must include coverage for the fixtures, materials, supplies, machinery, and equipment used in or incidental to the construction project as well as property kept off-site or while in transit. Coverage must include property of others in the CONTRACTOR’s care, custody, or control. In addition to CONTRACTOR, the CITY and all subcontractors shall be named as additional insureds on the policy with coverage extending through the final completion date.
L. Other provisions or requirements:
Proof of insurance. CONTRACTOR shall provide certificates of insurance and required endorsements to CITY as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by CITY’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY for the contract period and any additional length of time required thereafter.
CITY reserves the right to require complete, certified copies of all required insurance policies, at any time and CONTRACTOR agrees to provide the same.
Duration of coverage. CONTRACTOR shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the work hereunder by CONTRACTOR, its agents, representatives, employees, subcontractors or subconsultants. CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.
Primary/noncontributing. Coverage provided by CONTRACTOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non -contributory basis for the benefit of CITY before the CITY’s own insurance or self- insurance shall be called upon to protect it as a named insured.
Products/completed operations coverage. Products/completed operations coverage shall extend a minimum of three (3) years after Project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independ ent contractors. If the insured is using subcontractors, the policy must include work performed
“by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as additional insureds under the products and completed operations coverage.
CITY’s rights of enforcement. In the event any policy of insurance required under this Contract does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may cancel this Contract.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the CITY’s Risk Manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents,officials, employees,and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against CITY and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of contract provisions (non estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the CONTRACTOR maintains higher limits tha n the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide the CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for
each required coverage. If any of the CONTRACTOR’s insurers are unwilling to provide such notice, then CONTRACTOR shall have the responsibility of notifying the CITY immediately in the event of CONTRACTOR’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.
Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.
Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Pass through clause. CONTRACTOR agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the Project by CONTRACTOR (hereinafter collectively “subcontractor”), provide the same minimum insurance coverage and endorsements required of CONTRACTOR under this Contract.
CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring thewithin conformity providedcoveragesuchthatis requirements of this Section. However, in the event CONTRACTOR’s subcontractor cannot comply with this requirement, which proof must be submitted to the CITY in writing, CONTRACTOR may still be able to utilize the subcontractor provided CONTRACTOR shall be required to ensure that its subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with subcontractor’s scope of work and services, with limits less than required of the CONTRACTOR, but in all other terms consistent with the CONTRACTOR’s requirements under this Contract. This provision does not relieve the CONTRACTOR of its contractual obligations under the Contract and/or limit its liability to the amount of insurance coverage provided provisionbyits subcontractors. This is intended solely to provide CONTRACTOR with the ability to utilize a subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the CONTRACTOR under this Contract given the limited scope of work or services provided by the subcontractor. CONTRACTOR agrees that upon request, all agreements with subcontractors, and others engaged in the project, will be submitted to CITY for review.
CITY’s right to revise requirements. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONTRACTOR a ninety (90)-day advance written notice of such change. If such change
results in substantial additional cost to the CONTRACTOR, the CITY and CONTRACTOR may renegotiate CONTRACTOR’s compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.
Timely notice of claims. CONTRACTOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR’s performance under this Contract, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of its work on the Project .
ARTICLE VI (INDEMNIFICATION)
A. CONTRACTOR shall indemnify, defend with legal counsel approved by CITY, and hold harmless CITY, its officers, officials, employees, and volunteers (“Indemnified Parties”) from and against all claims for and actual liabilities, losses, damages, expenses, costs (including without limitation reasonable attorney’s fees, expert fees, and all other costs and fees of litigation) of every nature relating to, arising out of or in connection with CONTRACTOR’s, its officers, agents, employees, or subcontractors (or any agency or individual that CONTRACTOR shall bear the legal liability thereof)negligence, recklessness or willful misconduct in the performance of work on and/or connected with the Project or its failure to comply with any of its obligations contained in this Contract, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the Indemnified Parties. Should conflict of interest principles preclude a single attorney from representing both CITY and CONTRACTOR, or should CITY otherwise find CONTRACTOR’s attorney unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable attorney’s fees, expert fees, and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the Indemnified Parties with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR’s negligent, reckless, or wrongful act, omission or performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Contract.
B. CONTRACTOR’s obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by Indemnified Parties. However, without affecting the rights of Indemnified Parties under any provision of this Contract, CONTRACTOR shall not be required to indemnify and hold
harmless Indemnified Parties for liability attributable to the sole or active negligence or willful misconduct of Indemnified Parties, provided such sole or active negligence or willful misconduct is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where Indemnified Parties are shown to have been solely or actively negligent or to have acted with willful misconduct and where Indemnified Parties’ sole or active negligence or willful misconduct accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the sole or active negligence or willful misconduct of Indemnified Parties.
ARTICLE VII (EXECUTION)
CONTRACTOR affirms that the signatures, titles and seals set forth hereinafter in execution of this Contract represent all individuals, firm members, partners, joint ventures, and/or corporate officers having principal interest herein.
ARTICLE VIII (COMPLETION DATE)
The CONTRACTOR shall complete all work, in every detail within one hundred (100) calendar days from the effective date of the Notice-to-Proceed with the Work to be issued by the CITY.
ARTICLE IX (RECORDS & AUDITS)
CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to the contract and such other records as may be deemed necessary by the CITY to assure proper accounting for all Project funds. These records will be made available for audit purposes to the CITY or any authorized representative and will be retained for 5 years after the expiration of this contract unless permission to destroy them is granted by the CITY.
ARTICLE X (PREVAILING WAGES)
(a) CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1773.8, which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law.
(b) By the execution of this Contract, CONTRACTOR hereby certifies that it is registered with the California Department of Industrial Relations as required pursuant to Labor Code Section 1725.5 (contractor registration).
(c) CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The CONTRACTOR shall, as a penalty to the CITY, forfeit no more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the
Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by CONTRACTOR or by a subcontractor.
(d) CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1776 which requires CONTRACTOR and each subcontractor to (i) keep accurate payroll records, (ii) certify and make such payroll records available for inspection as provided by Section 1776, and (iii) inform the CITY of the location of the records.
CONTRACTOR is responsible for compliance with Section 1776 by itself and all of its subcontractors.
(e) CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that CONTRACTOR is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
(f) CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours without approval of the CITY. CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the CONTRACTOR or by any subcontractor for each calendar day or portion thereof during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. CONTRACTOR may, with the approval of the Director of Public Works/Facilities, or their designee, use its employees to carry out work on the Project beyond the normal eight (8) hour workday and on Saturdays, Sundays and Holidays provided the employees are paid at the following hourly rates:
• Week days (Monday through Friday) after eight (8) hours daily and not to exceed twelve (12) hours daily total per day and not exceeding forty - eight (48) hours work in a seven (7) day period week at one and one - half (1.5) times the prevailing hourly wage fo r the initial eight (8) hours of regular work time for the time worked after the initial eight (8) hours regular time.
• Saturdays, Sundays and Holidays for time worked after forty (40) hours of regular work time in a seven (7) day period week at the rate of two (2.0) times the prevailing hourly wage for the initial eight (8) hours of regular weekday work time and not to exceed a total of forty-eight (48) hours of work within the seven (7) day work week period.
(g) California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to under self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract.”
ARTICLE XI (PROMPT PAYMENT)
Prompt Progress Payment to Subcontractors
Attention is directed to Section 7108.5 of the California Business and Professions Code, which requires a prime CONTRACTOR or subcontractor to pay any subcontractor not later than ten (10) days of receipt by CONTRACTOR of each progress payment, unless otherwise agreed to in writing.
ARTICLE XII (LIQUIDATED DAMAGES)
A. Pursuant to Government Code Section 53069.85, if work is not completed within durations established for the individual activities as set forth in the Contract Documents, it is understood, acknowledged, and agreed CITY will suffer damage. It is therefore agreed that CONTRACTOR shall pay to CITY the sum of FIVE HUNDRED DOLLARS ($500.00) for each and every calendar day of delay beyond any completion schedule, construction schedule, or Project milestones established in or pursuant to the [Project Schedule], or beyond the time indicated in the Contract Documents for any individual Project activity.
(SIGNATURES ON NEXT PAGE)
IN WITNESS THEREOF the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Contract to be executed in triplicate by setting hereunto their names, titles, hands, and seals this ___________day of _________, 20____.
Contractor: ___________________________________________________________
___________________________________________________________ (Signature)
Name and Title (Printed) __________________________________________________
CONTRACTOR’s License No. __________________ License Class_______________
CONTRACTOR Business License No. _______________________________________
Federal Tax Identification No. ______________________________________________
Subscribed and sworn to this ______ day of __________________, 20______.
NOTARY PUBLIC_______________________________________________________
CITY: ___________________________________________________________ City Manager
Attested: ___________________________________________________________ City Clerk
Date _______________________________________________________
Approved as
to form: ___________________________________________________________ City Attorney
Date _______________________________________________________
EXHIBIT “A”
“CONTRACT DOCUMENTS”
Due to size limitations, Contract Documents can be found in the below link:
https://www.bellgardens.org/Home/Components/RFP/RFP/324/304
PERFORMANCE BOND
FOR
RECYCLED WATER PIPELINE INSTALLATION FY 2025-2026
CIP NO. 3852
The CITY OF BELL GARDENS, hereinafter “City,” entered into a Contract dated ______ _____ , 20___ with ____________________________ hereinafter Contractor,” for the work described as follows:
RECYCLED WATER PIPELINE INSTALLATION FY 2025-2026
CIP NO. 3852
WHEREAS, said Contractor is required under terms of said Contract to furnish a bond for the faithful performance of said Contract; and
WHEREAS, the Contract is by reference made a part hereof.
NOW, THEREFORE, we, ___T.E. Roberts, Inc., the undersigned Contractor, as Principal, and [corporate surety] ___________, a corporation organized and existing under the laws of the State of __________________________________________ , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Two Million Four Hundred Sixty-Six Thousand Seven Hundred Eighty-Four Dollars ($2,466,784), lawful money of the United States, said sum being not less than one hundred percent (100%) of the total Contract amount, for the payment of which sum be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, THAT, if the above-bounded Contractor, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and perform the covenants, conditions, and agreements in said Contract and any alterations thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.
As a condition precedent to the satisfactory completion of said Contract, the above obligation in said amount shall hold good for a period of one (1) year after the completion and acceptance of said work, during which time if the above -bounded Contractor, its heirs, executors, administrators, successors or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally protect the City from loss or damage made evident during said period of one (1) year from the date of acceptance of said work, and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligation in said sum shall remain in full force
and effect. However, anything in this paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Contractor remains.
And the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including reasonable attorneys’ fees to be fixed by the Court.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this ___________ day of _________________ , 20___.
(Contractor as Principal)
(Seal) By:
(Seal) By:
NOTE: If Contractor is a Partnership, all parties must execute the Bond.
IMPORTANT: Treasury theonappear companies BondsexecutingSurety must Department’s most current list (Circular 570 as amended) and be authorized to transact business in California.
PAYMENT BOND
FOR
RECYCLED WATER PIPELINE INSTALLATION FY 2025-2026
CIP NO. 3852
The CITY OF BELL GARDENS, hereinafter “City,” has awarded to ___ ____ , hereinafter “Contractor,” a Contract for the work described as follows:
RECYCLED WATER PIPELINE INSTALLATION FY 2025-2026
CIP NO. 3852
WHEREAS, the Contractor is required by the Contract and by the provisions of Third Division, Part 4, Title 15, Chapter 7 of the Civil Code to furnish a bond in connection with the Contract, as hereinafter set forth.
NOW, THEREFORE, we, ___ T.E. Roberts, Inc._, the undersigned Contractor, as Principal, and ________________________________,a corporation organized and existing under the laws of the State of ___________________________________ duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the ___City of Bell Gardens___ in the sum of_ Two Million Four Hundred Sixty-Six Thousand Seven Hundred Eighty-Four Dollars ($2,466,784), said sum being not less than one hundred (100%) percent of the total Contract amount payable by the City, under the terms of the Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and as signs, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, THAT, if the Contractor, its heirs, executors, administrators, successors, and assigns or subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams, implements or machinery used in, upon, for or about the performance of the work contracted to be done, or shall fail to pay for any work or labor thereon of any kind, or shall fail to pay any persons named in Civil Code section 9100, or shall fail to pay for amounts due under the Unemployment Insurance Code with respect to such work or labor thereon of any kind, or shall fail to pay for any amounts required to be deducted, withheld, and paid over to the Employment Development ContractheofemployeesfromwagestheDepartmentof andtor subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work or labor, and provided that the claimant shall have complied with the provisions of that code, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in the Contract; otherwise, the above obligation shall be void. In case suit is brought upon this bond, the Surety will pay reasonable attorneys’ fees to the prevailing party to be fixed by the court.
This bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 9100 of the Civil Code, so as to give a right of action to them or to their assigns in any suit brought upon this bond.
It is further stipulated that the Surety of this bond shall not be exonerated or released from the obligation of the bond by any change, extension of time for performance, addition, alteration, or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement described above or pertaining or relating to the furnishing of labor, materials, or equipment therefor, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement described above, nor by any rescission or attempted rescission of the Contract, agreement, or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond, and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the City and original contractor or on the party of the obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Sections 8400 and 8402 of the California Civil Code and has not been paid the full amount of its claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration, or modification.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _____ day of ________________________ , 20___.
(Contractor as Principal)
(Seal) By:
(Seal) By:
NOTE: If Contractor is a Partnership, all partners should execute Bond.
IMPORTANT: Treasury theonappear companies BondsexecutingSurety must Department’s most current list (Circular 570 as amended) and be authorized to transact business in California.
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM:Manuel Acosta, Acting City Manager
BY:Bernardo Iniguez, Director of Public Works/Facilities Douglas Benash, P.E., City Engineer
SUBJECT:Consideration of a Resolution Authorizing the Installation of Red Curb Parking Restriction Fronting 6655 Loveland Street and a Disabled Person Parking Space Fronting 5920 Ludell Street
DATE:September 28, 2026
RECOMMENDATION:
It is staff’s recommendation that the City Council:
1. Adopt the attached Resolution authorizing the installation of three (3) feet of red curb parking restrictions on both sides of the driveway fronting 6655 Loveland Street and the installation of 18 feet of designated blue curb parking restrictions fronting 5920 Ludell Street; and
2. Rescind Resolution No. 2026-89.
BACKGROUND/DISCUSSION:
On September 1, 2026, the Traffic and Safety Commission approved for the City Council’s consideration the installation of three (3) feet of red curb parking restrictions on both sides of the driveway fronting 6655 Loveland Street and the installation of eighteen (18) feet of designated blue curb parking restrictions fronting 5920 Ludell Street.
Red Curb Parking Restriction fronting 6655 Loveland Street Staff received a request from a resident to install three (3) feet of red curb on both sides of the driveway at 6655 Loveland Street. The City Traffic Engineer investigated the site and concluded that parked vehicles near the driveway may create a situation where drivers enter the roadway without having a clear line of sight of oncoming cars. Therefore, the installation of three (3) feet of red curb parking restrictions on both sides of the driveway at 6655 Loveland Street is recommended to improve safety and visibility and prevent vehicles from blocking access to the residential driveway. Figure 1 illustrates the proposed red curb parking restrictions.
Figure 1 – Proposed Three (3) feet of Red Curb Tipping on Both Sides of 6655 Loveland Street Blue Curb Fronting 5920 Ludell Street
Staff received a request from a resident to install a disabled person parking space fronting 5920 Ludell Street. The applicant provided all necessary documents and included a statement noting that their driveway cannot accommodate a van with space for a walker or a wheelchair.
The City Traffic Engineer investigated the site and recommended a parking restriction of eighteen (18) feet to install new disabled person blue curb parking. Figure 2 illustrates the proposed blue curb parking restrictions.
Figure 2 – Proposed 18 ft of Blue Curb Restrictions fronting 5920 Ludell Street CONCLUSION:
If the City Council adopts the attached resolution, Public Works will proceed with the installation of three (3) feet of red curb parking restrictions on both sides of the driveway fronting 6655 Loveland Street and the installation of eighteen (18) feet of designated blue curb parking restrictions fronting 5920 Ludell Street.
FISCAL IMPACT:
The estimated cost for the installation of the red and blue curb parking restrictions is approximately $800 and is available in the current Street Maintenance Budget (210-4550- 1610).
APPROVED ELECTRONICALLY BY:
Manuel Acosta, Acting City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services
RESOLUTION NO. 2026-103
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. 2026-89
WHEREAS, the City Council desires to reaffirm, ratify and re-establish those parking restrictions presently in effect in the City of Bell Gardens (“City”) as adopted by Resolution No. 2026-89; and
WHEREAS, the City Council desires to install three (3) feet of red “No Parking” restrictions fronting 6655 Loveland Street as described in Section (I) (A)(191)(192); and eighteen (18) feet of blue curb parking restrictions fronting 5920 Ludell Street as described in Section (V) (E) (18) 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 incorporate them herein.
SECTION 2. Resolution No. 2026-89 is hereby rescinded, repealed, replaced and superseded in its entirety by this Resolution.
SECTION 3. The City Council hereby approves the Parking Restrictions attached and incorporated hereto as Exhibit “A.”
SECTION 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
[Signatures on the following page]
Resolution No. 2026-103
2 of 3
PASSED, APPROVED, and ADOPTED this 28th day of September, 2026.
THE CITY OF BELL GARDENS
_____________________________
Miguel De La Rosa, Mayor
APPROVED AS TO FORM: ATTEST:
Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
Resolution No. 2026-103
3 of 3
I, Daisy Gomez, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. 2026-103 was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on Monday, September 28, 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:Manuel Acosta, Acting City Manager
BY:Bernardo Iniguez, Director of Public Works/Facilities SUBJECT:Consideration of a Resolution Approving a Second Amendment to the Contract Services Agreement with ABM Building Solutions, LLC for Heating, Ventilation, and Air Conditioning Maintenance Services
DATE:September 28, 2026
RECOMMENDATION:
It is staff’s recommendation that the City Council:
1) Adopt the attached Resolution authorizing the Acting City Manager to execute a Second Amendment to the Contract Services Agreement with ABM Building Solutions, LLC for heating, ventilation and air conditioning maintenance services; and 2) Appropriate $80,000 of General Funds to cover unforeseen services.
BACKGROUND/DISCUSSION:
Agreement ServicesContract a approved Council 24, the 2025,February On City (“Agreement”) with ABM Building Solutions, LLC (“ABM”) for heating, ventilation and air conditioning (HVAC) maintenance services in an annual amount not-to-exceed $43,381.
Services provided under the Agreement include routine preventative maintenance, regular system inspections, annual maintenance procedures, and any other HVAC-related work. The term of the Agreement is for three years, with an option to extend for up to two additional one-year terms.
On October 27, 2025, the City executed a First Amendment to the Agreement to incorporate annual maintenance services for the HVAC system at the John Anson Ford Park Aquatics Center, for a revised annual not-to-exceed sum of $64,673.10 for the remainder of the initial 3-year term, $67,906.76 for the first optional one-year extension term, and $71,301.10 for the second optional one-year extension term. Additionally, the City Council authorized an annual $20,000 contingency for as-needed HVAC-related tasks that may arise during the term of the Agreement.
As-needed HVAC services have increased due to a combination of factors, including the aging equipment at several public City facilities requiring more maintenance and repair, and greater facility usage. These services include, but are not limited to, condenser fan motor replacement,
wiring, ducting, coil compressors troubleshooting and emergency callouts. Additionally, weather-related demands this summer have placed further strain on the City’s HVAC systems.
As a result, the existing $20,000 contingency approved by the City Council has been exhausted for FY 2026/2027. To address ongoing HVAC maintenance and repair needs at City facilities, staff recommends the approval of a Second Amendment to increase the existing $20,000 annual contingency amount by $80,000 for a total annual contingency of $100,000 for the remainder of the Agreement.
CONCLUSION:
Approval of a Second Amendment to the Agreement would increase the annual contingency amount to $100,000 to address as-needed HVAC service needs.
FISCAL IMPACT:
The City’s FY 2026/2027 budget includes $20,000 for as-needed HVAC services, which has been exhausted. An additional appropriation of $80,000 from the General Fund is needed to fund as-needed HVAC services for the remainder of the current fiscal year.
APPROVED ELECTRONICALLY BY:
Manuel Acosta, Acting City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services
RESOLUTION NO. 2026-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING A SECOND AMENDMENT TO
THE CONTRACT SERVICES AGREEMENT BY AND BETWEEN THE
CITY OF BELL GARDENS AND ABM BUILDING SOLUTIONS, LLC FOR
HEATING, VENTILATION, AND AIR CONDITIONING MAINTENANCE
SERVICES
WHEREAS, on March 12, 2025, the City of Bell Gardens (“City”) and ABM Building Solutions, LLC (“ABM”) executed and entered into a Contract Services Agreement (hereinafter “Master Agreement”) for Heating, Ventilation and Air Conditioning (“HVAC”) maintenance services; and
WHEREAS, on October 27, 2025, the City and ABM executed a First Amendment to the Master Agreement to incorporate HVAC services for the John Anson Ford Park Aquatics Center and to increase the Annual Not-to-Exceed Sum to $64,673.10 for the remainder of the initial three (3) year term, $67,906.76 for the first optional one-year extension term, and $71,302.10 for the second optional one-year extension term; and WHEREAS, the First Amendment also authorizes a $20,000 annual contingency for as-needed HVAC services; and
WHEREAS, As-needed HVAC service needs have increased due to a combination of factors, including the aging equipment at several public City facilities requiring more maintenance and repair, and greater facility usage; and WHEREAS, the existing $20,000 contingency approved by the City Council has been exhausted for FY 2026/2027; and
WHEREAS, to address future as-needed HVAC services and callouts during the remainder of the Master Agreement, it is necessary to increase the annual contingency amount; and
WHEREAS, the City now desires to enter into a Second Amendment to the Master Agreement with ABM to increase the existing $20,000 annual contingency amount by $80,000 for a total annual contingency of $100,000 to address as-needed HVAC maintenance and repair needs at public City facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BELL GARDENS AS FOLLOWS:
SECTION 1. The City Council hereby finds and determines that the foregoing recitals are true and correct, constitute a material part of this Resolution, and therefore incorporate them herein in their entirety as part of the findings.
Resolution No. 2026-104
2 of 3
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 Second Amendment to the Master Agreement with ABM, which is attached to the staff report as Exhibit 2.
SECTION 3. The City Council further authorizes and directs the Acting City Manager to execute the Second Amendment with ABM on the City’s behalf, along with any other ancillary documents relating thereto, including any other documents consistent with and necessary to implement and effectuate the intent of the City Council as set forth in this Resolution.
SECTION 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
PASSED, APPROVED, and ADOPTED this 28th day of September, 2026.
THE CITY OF BELL GARDENS
_____________________________
Miguel De La Rosa, Mayor
APPROVED AS TO FORM: ATTEST:
Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
Resolution No. 2026-104
3 of 3
I, Daisy Gomez, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. 2026-104 was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on Monday, September 28, 2026, and was approved and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Daisy Gomez
City Clerk
1 2026
SECOND AMENDMENT TO CONTRACT SERVICES AGREEMENT
(Contractor: ABM Building Solutions, LLC)
(Nature of Engagement: Heating, Ventilation, and Air Conditioning (HVAC) Maintenance Services)
THIS SECOND AMENDMENT (hereinafter, “Second Amendment”)to that certain agreement entitled “Contract Services Agreement” and dated March 12, 2025 (hereinafter, “Master Agreement”), is hereby made and entered into this day of 2026 (hereinafter, “Effective Date”), by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, “City”) and ABM Building Solutions, LLC (hereinafter, “Contractor”). For purposes of this Second Amendment, the capitalized term “Parties” shall be a collective reference to both City and Contractor. The capitalized term “Party” may refer to either City or Contractor interchangeably, as appropriate.
RECITALS
This Second Amendment is made and entered into with respect to the following facts:
WHEREAS, on March 12, 2025, the Parties executed and entered into the Master Agreement for Heating, Ventilation, and Air Conditioning (“HVAC”) maintenance services; and
WHEREAS, on October 27, 2025, the Master Agreement was amended, by way of a first amendment (hereinafter “First Amendment”), to incorporate annual maintenance services for the HVAC system at the City’s John Anson Ford Park Aquatics Center, and to increase the Annual Not-to-Exceed Sum to $64,673.10 for the remainder of the initial three (3) year term, $67,906.76 for the first optional one -year extension term, and $71,302.10 for the second optional one-year extension term as well as an annual contingency of Twenty Thousand Dollars ($20,000) (hereinafter, “Annual Contingency”); and
WHEREAS, for purposes of this Second Amendment, the Master Agreement, as amended by way of the First Amendment, may be referred to collectively as the “Master Agreement”. The Master Agreement is attached and incorporated hereto as Exhibit “A”; and
WHEREAS, the Parties now desire to increase the Annual Contingency to $100,000 to address as-needed HVAC maintenance and repair needs at City facilities, which may arise during the remainder of the Master Agreement.
NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:
2 SECTION 1. Section 4(B) (COMPENSATION) of the Agreement is hereby amended to increase the Annual Contingency from TWENTY THOUSAND DOLLARS ($20,000) by EIGHTY THOUSAND DOLLARS ($80,000) for a new Annual Contingency of ONE HUNDRED THOUSAND DOLLARS ($100,000).
SECTION 2. Except as otherwise set forth in this Second Amendment, the Master Agreement shall remain binding, controlling, and in full force and effect. Section 22 of the Master Agreement notwithstanding, this Second 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 3. The provisions of this Second Amendment shall be deemed a part of the Master Agreement and except, as otherwise provided under this Second 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 Second Amendment and the provisions of the Master Agreement, the provisions of this Second Amendment shall control, but only in so far as such provisions conflict with the Master Agreement, and no further.
[SIGNATURES ON NEXT PAGE]
3 IN WITNESS WHEREOF, the Parties hereto have caused this Second Amendment to be executed on the day and year first appearing above.
CITY:
CITY OF BELL GARDENS
By:__________________________________
Manuel Acosta, Acting City Manager
Date:
APPROVED AS TO FORM:
By:__________________________________
Stephanie Vasquez, City Attorney
Date:
CONTRACTOR:
ABM BUILDING SOLUTIONS, LLC
By:_____________________________
Name:_________________________
Title: ___________________________
Date:
4 EXHIBIT “A”
MASTER AGREEMENT
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM:Manuel Acosta, Acting City Manager
BY:Bernardo Iniguez, Director of Public Works/Facilities SUBJECT:Consideration of an Exclusive Negotiating Agreement with the Golden State Water Company regarding the Proposed Sale of the Bell Gardens Municipal Water System
DATE:September 28, 2026
RECOMMENDATION:
It is staff’s recommendation that the City Council:
Adopt the attached Resolution authorizing the Acting City Manager to execute an Exclusive Negotiating Agreement (“ENA”) between the City of Bell Gardens and the Golden State Water Company.
BACKGROUND/DISCUSSION:
The City of Bell Gardens (“City”) owns and operates the Bell Gardens Municipal Water System (“Water System”), which provides water utility service to approximately one-third of the City’s residents. Recently, the Water System has faced significant financial challenges from aging infrastructure that requires capital investments, regulatory compliance obligations, and debt.
The City therefore issued a Request for Proposals (“RFP”) in late 2025 to solicit offers to purchase and operate the Water System.
The City received two proposals in response to its RFP, one of which was from Golden State Water Company (“Golden State”), which already provides water service to the two-thirds of City residents the Water System does not serve. The City Council held a noticed public hearing regarding Golden State’s proposal on June 8, 2026, and voted to put a potential sale to Golden State before the voters as required by state law. (Pub. Util. Code, § 10061.) The measure (Ordinance No. 971) will be presented to voters at the election set for November 3, 2026. If approved, it would permit — but not require — the City to sell the Water System to Golden State. Because Golden State is a regulated utility, the sale also requires approval by the California Public Utilities Commission (“CPUC”).
WHAT IS AN EXCLUSIVE NEGOTIATING AGREEMENT?
An ENA is a preliminary agreement in which two parties commit to negotiate only with each other for a limited time. It is not a sale contract: It does not require the City to sell the Water
System to Golden State, and it does not require Golden State to buy it. Instead, as its name implies, it requires exclusivity in both directions during negotiations. •The City may not solicit or entertain offers from anyone else, or reopen the RFP, except as required by law.
•Golden State must stand behind its Proposal, including the $41 million price, while the ENA is in effect.
From the City’s perspective, the idea is to lock in a firm offer to plan around while the election and CPUC review proceed, and a structured way to start working out the details of a definitive purchase and sale agreement (what the ENA refers to as the “Final Agreement”). In return, Golden State gets assurance that the City will not continue to look for alternative buyers, which supports its investment of time and money in due diligence and the CPUC application. The ENA lasts until the earliest of (i) voter rejection of the proposal in Ordinance No. 971 (if that occurs), (ii) 90 days after the CPUC issues its decision, (iii) execution of a Final Agreement, or (iv) 30 days after either party gives written notice of termination.
KEY POINTS OF THIS EXCLUSIVE NEGOTIATING AGREEMENT
A summary of the ENA’s key points is as follows:
•No obligation to reach an agreement. Neither party has to reach a Final Agreement, much less one on particular terms.
•Either party can back out after the CPUC acts. The CPUC can approve the acquisition, deny it, or approve it with conditions. If its decision alters the terms of the proposed sale, either party may terminate the ENA in its sole discretion. More generally, either party may end the ENA on 30 days’ written notice.
•The City will cooperate during CPUC review. Golden State prepares, files, and pays for the CPUC application. The City will provide requested information and reasonably cooperate, and it will not oppose the application, but it may still advocate for terms it considers in the best interest of the City and its customers. •Golden State covers most of the City’s costs. Golden State pays its own costs and reimburses the City’s reasonable, documented out-of-pocket costs. It must make a $25,000 deposit within 30 days of the effective date and replenish it on request. •Shared documents will be kept confidential as the law allows. The parties will exchange documents and other information in the normal course of negotiations. The City will treat materials that it receives from Golden Sate as confidential to the extent — and only to the extent — permitted by the California Public Records Act.
CONCLUSION:
Staff recommends that the City Council consider and approve the attached Exclusive Negotiating Agreement with Golden State.
FISCAL IMPACT:
None. The proposed ENA does not obligate the City to spend money. Golden State’s reimbursement and deposit obligations during negotiations are summarized above.
APPROVED ELECTRONICALLY BY:
Manuel Acosta, Acting City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services
RESOLUTION NO. 2026-105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING AN EXCLUSIVE NEGOTIATING
AGREEMENT WITH GOLDEN STATE WATER COMPANY FOR THE
PROPOSED SALE OF THE BELL GARDENS MUNICIPAL WATER
SYSTEM
WHEREAS, the City of Bell Gardens (“City”) owns and operates the Bell Gardens Municipal Water System (“Water System”), which provides water utility service to approximately one-third of the City’s residents; and
WHEREAS, the City issued a Request for Proposals (“RFP”) to solicit offers to purchase and operate the Water System; and
WHEREAS, the City received two proposals in response to its RFP, one of which was from Golden State Water Company (“Golden State”); and WHEREAS, the City Council held a noticed public hearing regarding Golden State’s proposal on June 8, 2026, and voted to put a potential sale to Golden State before the voters as required by state law; and
WHEREAS,the City and Golden State desire to enter into an Exclusive Negotiating Agreement (“ENA”) so that they may negotiate only with each other for a limited time.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BELL GARDENS AS FOLLOWS:
SECTION 1.The City Council, after consideration of the staff report and presentation, discussion, oral testimony and evidence presented to the City Council, hereby finds that the above recitals are true and correct and incorporate them herein.
SECTION 2. Based upon the above recitals, the staff report accompanying this Resolution, and such other written and oral evidence, the City Council hereby approves the ENA by and between the City and Golden State, in a form approved by the City Attorney, which is attached to the staff report as Exhibit 2.
SECTION 3. The City Council further authorizes the Acting City Manager to execute the ENA with the Golden State, along with any ancillary documents relating thereto, including any other documents consistent with and necessary to implement and effectuate the intent of the City Council as set forth in this Resolution.
SECTION 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
Resolution No. 2026-105
2 of 3
PASSED, APPROVED and ADOPTED this 28th day of September, 2026.
THE CITY OF BELL GARDENS
___________________________
Miguel De La Rosa, Mayor
APPROVED AS TO FORM:ATTEST:
________________________________ ___________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
Resolution No. 2026-105
3 of 3
I, Daisy Gomez, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. 2026-105 was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on Septer 28, 2026, and was approved and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________
Daisy Gomez
City Clerk
1 of 7
EXCLUSIVE NEGOTIATING AGREEMENT
This EXCLUSIVE NEGOTIATING AGREEMENT (“Agreement”),dated ___________, 2026 (“Effective Date”), is entered into by and between the City of Bell Gardens, a municipal corporation (the “City”), and the Golden State Water Company, an investor-owned utility (“Golden State”). This Agreement refers to the City and Golden State together as the “Parties” and to each separately as a “Party.” Recitals
WHEREAS, on December 11, 2025, the City released a Request for Proposals (“RFP”) regarding the purchase of the City of Bell Gardens Municipal Water System (the “Water System”);
WHEREAS, the City received two proposals in response to the RFP, including one from Golden State dated March 16, 2026 (the “Proposal”); WHEREAS, the Proposal offered to acquire the entire Water System, including the City’s groundwater rights, for a total purchase price of $41,000,000 (“Purchase Price”); WHEREAS, on June 8, 2026, the Bell Gardens City Council held a noticed public hearing on the Proposal from Golden State and ordered the Proposal submitted to the voters pursuant to Public Utilities Code, section 10061; WHEREAS, the election on the Proposal is set for November 3, 2026 (“Election”); WHEREAS, if the City’s voters approve the Proposal, Golden State must then obtain permission to purchase the Water System from the California Public Utilities Commission (“CPUC”), which shall issue a decision concerning, inter alia, Golden State’s ability to recover the Purchase Price through rates (“CPUC Decision”); WHEREAS, the CPUC Decision is distinct from any subsequent or separate general rate case proceeding concerning Golden State’s water rates within the City; WHEREAS, the City and Golden State wish to begin negotiating the terms for a final purchase and sale agreement for the Water System (“Final Agreement”) now, pending both the Election and the CPUC Decision, while expressly conditioning the Final Agreement and the closing of this transaction on voter approval in the Election and a favorable CPUC Decision; and
WHEREAS, Gold State understands and agrees that, by entering this Agreement, the City makes no commitment to approve a Final Agreement or to sell the Water System to Golden State, and the City specifically retains the right to approve, disapprove, or condition any Final Agreement.
NOW, in consideration of the foregoing and the promises, THEREFORE, adequacy covenants,and provisions set forth below, the receipt and such of consideration is acknowledged, and the City and Golden State hereby agree as follows:
2 of 7
Agreement
1. Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated into this Agreement by this reference.
2. Purpose. The purpose of this Agreement is to establish a framework and period of exclusive negotiations during which the City and Golden State will negotiate in good faith the terms of a Final Agreement for the sale of the Water System, pending and subject to (a) approval of that sale by the City’s qualified voters in the Election, and (b) issuance of a favorable CPUC Decision. This Agreement does not obligate either Party to enter into a Final Agreement, and does not itself constitute a sale, transfer, or other disposition of the Water System or any part thereof.
3. Proposal Binding Pending Final Agreement. Notwithstanding any validity period stated in the RFP or the Proposal, and except as provided in Section 7, the Proposal shall remain binding upon Golden State through the Term of this Agreement.
4. Term. This Agreement shall commence on the Effective Date and shall continue until the earliest of the following:
4.1 Ninety (90) days after the date on which the CPUC issues the CPUC Decision.
4.2 The date the Bell Gardens City Council confirms that the voters disapproved selling the Water System to Golden State in the Election.
The date on which the Final Agreement is executed by both Parties.4.3 Thirty (30) days after either Party delivers a written notice of termination to 4.4 the other Party.
Termination of this Agreement pursuant to this Section 4 shall not, in and of itself, give rise to any liability of either Party to the other, except as to obligations that expressly survive termination as set forth in this Agreement.
5. Exclusivity. During the Term:
5.1 The City shall not solicit, initiate, entertain, or negotiate with any person or entity other than Golden State regarding the acquisition, sale, or transfer of the Water System, and shall not reopen, reissue, or otherwise pursue any solicitation process for the sale of the Water System, except as may be required by law.
Golden State shall not withdraw the Proposal, and shall remain committed 5.2 to pursuing the acquisition of the Water System on the terms set forth in
3 of 7
the Proposal, as modified by this Agreement, throughout the pendency of the CPUC Decision.
6. Negotiation of Final Agreement. During the Term, the Parties shall negotiate in good faith the terms of the Final Agreement, consistent with the Proposal and this Agreement. Without limiting the foregoing, the Parties acknowledge that the following matters remain unresolved and shall be addressed as part of the negotiation of the Final Agreement:
6.1 The disposition, assignment, or termination of the City’s existing operations and maintenance agreement with Liberty Utilities (or its applicable affiliate) with respect to the Water System, and the interim operational arrangements applicable to the Water System between the acceptance of the Proposal and the closing of the sale of the Water System;
The timing and scope of the ion exchange wellhead treatment system, 6.2 water storage tank, and booster station improvements described in the RFP and the Proposal, including coordination regarding any pending or available state grant funding for such improvements.
7. Effect of the CPUC Decision. Following issuance of the CPUC Decision, the Parties shall negotiate in good faith regarding the effect, if any, of the CPUC Decision on the terms of the proposed sale of the Water System, including the Purchase Price. Either Party may terminate this Agreement, in its sole discretion, if the CPUC Decision alters the terms of the proposed sale of the Water System set forth in the Proposal.
8. Voter Approval. If a majority of the City’s qualified voters do not approve the sale of the Water System in the Election, this Agreement shall automatically terminate pursuant to Section 4.2, and neither Party shall have any further obligation to the other, except as expressly provided herein.
9. CPUC Approval.
9.1 Golden State shall, at its sole cost and expense, prepare, file, and diligently prosecute all applications, advice letters, and other filings reasonably necessary to obtain the CPUC Decision, including approval of the acquisition of the Water System and the associated ratemaking treatment of the Purchase Price.
The City shall reasonably cooperate with Golden State in connection with 9.2 the CPUC proceedings described in this Section 9, including providing information reasonably requested by Golden State or the CPUC, and shall not oppose Golden State’s application before the CPUC; provided, that nothing in this Agreement shall limit the City’s right to advocate before the CPUC for terms and conditions the City considers to be in the best interest of the City and the Water System’s customers.
4 of 7
9.3 Golden State shall keep the City reasonably informed as to the status of the CPUC proceedings described in this Section 9 and shall promptly notify the City upon issuance of the CPUC Decision.
10.Interim Operations. During the Term, the City shall continue to own, operate, and maintain the Water System in the ordinary course of business, consistent with past practice, including through its existing arrangements with Liberty Utilities or any successor operator. The City shall not, without Golden State’s prior written consent (not to be unreasonably withheld or delayed), enter into any new material agreement affecting the Water System, or sell, dispose of, or further encumber any material asset.
Due Diligence.11. The City shall provide Golden State and its representatives with reasonable access to the Water System’s facilities, books, and records, and to relevant City personnel and the City’s contract operator, for purposes of Golden State’s due diligence, subject to reasonable advance notice and City supervision.
Any invasive or subsurface testing shall require the City’s prior written consent, which shall not be unreasonably withheld.
Golden State shall, to the fullest extent permitted by law, indemnify, defend, and hold harmless the City and its officers, officials, employees, and agents from and against any and all claims, damages, liability, or costs (including reasonable attorneys’ fees) arising out of or related to the entry onto or activities upon the System’s property by Golden State or its representatives pursuant to this Section 11, except to the extent arising from the City’s sole negligence or willful misconduct. This indemnity shall survive the expiration or earlier termination of this Agreement.
Costs and Expenses.12. Golden State shall bear all costs associated with its due diligence and with the preparation, filing, and prosecution of the CPUC proceedings described in Section 9. Golden State shall further reimburse the City for the City’s reasonable, documented out-of-pocket costs incurred in connection with this Agreement, including reasonable fees of the City Attorney’s office and outside legal counsel and consultants engaged by the City in connection with the Election, the CPUC proceedings, and the negotiation of the Final Agreement.
Within thirty (30) days of the Effective Date, Golden State shall deposit with the City the sum of $25,000 toward such reimbursable costs. The City shall provide Golden State with periodic accountings of such costs, and Golden State shall replenish the deposit within thirty (30) days of the City’s written request.
Confidentiality. 13.
13.1 To the extent permitted under the California Public Records Act (Government Code Section 7920.000 et seq.), including without limitation Government Code Section 7927.605, the Parties may exchange documents and information in connection with this Agreement on a confidential basis, and neither Party shall disclose such information to any
5 of 7
third party without the prior written consent of the disclosing Party, except as required by law.
13.2 Nothing in this Section 13 shall be construed to expand the scope of any exemption from disclosure available to the City under the California Public Records Act, or to relieve the City of any obligation to disclose records upon a proper request therefor.
13.3 This Section 13 governs the exchange of documents and information between the Parties in connection with this Agreement and does not govern the confidentiality of information filed with or submitted to the CPUC in connection with the proceedings described in Section 9, which shall be governed by the CPUC’s rules and any applicable protective order obtained therein.
No Obligation to Enter Final Agreement 14.
14.1 This Agreement does not obligate the City to sell the Water System or to enter into a Final Agreement. The City Council retains full discretion to approve, disapprove, or condition the Final Agreement and any related approvals, consistent with applicable law.
14.2 This Agreement does not obligate Golden State to purchase the Water System or to enter into a Final Agreement.
14.3 Nothing in this Agreement shall be construed as a representation, promise, or warranty by either Party regarding the outcome of the Election or the CPUC Decision.
Default. 15.In the event of an uncured default by either Party under this Agreement, following thirty (30) days’ written notice and opportunity to cure, the non- defaulting Party’s sole and exclusive remedy shall be to terminate this Agreement. In no event shall either Party be liable to the other for monetary damages of any kind, or be entitled to specific performance or other equitable relief, arising out of or related to this Agreement or the negotiation or non- execution of the Final Agreement, except with respect to the reimbursement obligations under Section 12 and the indemnification obligations under Section 11, which shall survive termination of this Agreement.
Assumption of Risk.16. Golden State acknowledges and assumes the risk that, notwithstanding good faith negotiations and the expenditure of significant funds and personnel time, (a) the sale may not be approved by the City’s voters in the Election, (b) the CPUC Decision may not approve the acquisition of the Water System, may impose conditions unacceptable to either Party, or may not authorize the ratemaking treatment described in the Proposal, and (c) the Parties may not reach a Final Agreement. Except as otherwise expressly set forth in this Agreement, neither Party shall have any liability to the other with respect to any of the foregoing.
6 of 7
17.No Relationship. Golden State and its representatives shall act in an independent capacity, and in no event as an agent, officer, or employee of the City. Nothing in this Agreement creates, or shall be deemed to create, a partnership or joint venture between the Parties.
Assignment.18. Neither this Agreement, nor any rights or obligations hereunder, may be assigned by either Party without the prior written consent of the other Party.
Notices.19. Any notice required or permitted under this Agreement shall be in writing and delivered personally, by email, or by reputable overnight courier, to the following addresses (or such other address as a Party may designate in writing):
If to City:If to Golden State
Stephanie Vasquez, City Attorney [Insert contact]
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
[email protected]
Miscellaneous20.
20.1 Entire Agreement. This Agreement, together with the exhibits hereto, constitutes the entire agreement between the Parties regarding its subject matter and supersedes all prior negotiations and agreements between the Parties with respect thereto, including the terms of the RFP or the Proposal to the extent inconsistent with this Agreement.
20.2 Amendment. This Agreement may be amended only by a written instrument signed by both Parties.
20.3 Governing Law and Venue. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Venue for any action or proceeding arising out of this Agreement shall be in Los Angeles County, California.
20.4 Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect.
20.5 No Third-Party Beneficiaries. This Agreement is entered into solely for the benefit of the Parties and confers no rights or remedies on any person or entity other than the Parties.
7 of 7
20.6 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.
20.7 Section Headings. Section headings are included for convenience of reference only and shall not affect the interpretation of this Agreement.
20.8 Time of the Essence. Time is of the essence with respect to each provision of this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date set forth above.
CITY OF BELL GARDENS
_________________________________
Manuel Acosta
Acting City Manager
GOLDEN STATE WATER COMPANY
_________________________________
[Name]
[Title]
Approved as to form:
_________________________________
Stephanie Vasquez
City Attorney
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
EXECUTIVE SUMMARY
TO: Honorable Mayor and City Council Members
FROM: Manuel Acosta, Acting City Manager
BY: Daisy Gomez, City Clerk
SUBJECT: Local Commission Appointment List
DATE: September 28, 2026
RECOMMENDATION:
It is staff's recommendation that the City Council review the Commissions Appointments List, remove commissioners and/or make appointments to the posted vacancies.
BACKGROUND / DISCUSSION:
The Local Appointments List includes all Bell Gardens Commissions and Commissioners. The City Council adopted Ordinance No. 825 on July 13, 2009 establishing minimum requirements for service on commissions.All Commissioners must reside within the City of Bell Gardens and may only serve on one Commission at a time. Once appointed, each Commissioner must adhere to the requirements of the City's Conflict of Interest Code and state-mandated AB 1234 ethics training and AB 1661 harassment training.
Ordinance No. 825 allows each Council Member to remove or appoint one candidate per Commission, subject to the approval of the Council majority. Appointed Commission Members serve terms that coincide with the term of the Council Member who made the appointment.
CONCLUSION:
After an appointment is made, Commission members will receive their Oath of Office before beginning service with their respective Commission at the next regularly scheduled Commission meeting. The City Clerk's Office will arrange for the proper filing of Conflict of Interest Code forms and schedule trainings for AB 1234 and AB 1661.
FISCAL IMPACT:
No fiscal impact.
ELECTRONICALLY APPROVED BY:
Manuel Acosta, Acting City Manager
Stephanie Vasquez, City Attorney
Manual Carrillo, Director of Finance and Administrative Services
Updated: 8/11/2026
CITY OF BELL GARDENS
NOTICE OF COMMISSION VACANCIES
AND ACTIVE COMMISSIONERS
EDUCATION COMMISSION
PLANNING COMMISSION
RECREATION, CULTURAL AND YOUTH COMMISSION
SENIOR CITIZEN COMMISSION
TRAFFIC AND SAFETY COMMISSION
The City Council is seeking applications for the following vacancies:
Meeting Date: Second Thursday of every month, City Hall Council Chamber, 5:00 p.m.
Staff Liaison - Ana Avalos, Recreation and Community Services Supervisor, (562) 806-7650 Meeting Date: Third Wednesday of every month, City Hall Council Chamber, 5:15 p.m.
Staff Liaison - Alfonso Hernandez, City Planner, (562) 806-7723 Stephanie Ramos Barcena 8/10/2026
Meeting Date: Third Thursday of every month, City Hall Council Chamber, 6:00 p.m.
Staff Liaison – Armando Andrade, Recreation and Community Services Supervisor, (562) 806-7650 Meeting Date – Second Wednesday of every month, City Hall Council Chamber, 6:00 p.m.
Staff Liaison – Diana Ortiz, Recreation and Community Services Supervisor (562) 806-7650 Meeting Date – First Tuesday of every month, City Hall Council Chamber, 5:30 p.m.
Staff Liaison – Bernardo Iniguez , Director of Public Works/Facilities (562) 806-7770 Applicants must be residents of the City. No person previously convicted of a felony in this state or elsewhere shall be permitted to serve on any City Commission. Before assuming the duties of a commissioner, each person appointed shall take and file with the City Clerk the same constitutional oath of office required of members of the city council. Any member of a commission shall be deemed to have resigned from the commission, and his or her office as a member of the commission shall automatically vacated, in the event, the member ceases to be a resident of the City or is convicted of a felony. (Bell Gardens Municipal Code Sections 2.68.030, 2.28.030, 2.22.030, 2.35.030) Applications may be obtained from the City Clerk’s Office: 7100 Garfield Ave, Bell Gardens, CA 90201. Applications will be accepted in the City Clerk’s Office on a continuous basis until an appointment is made. Please call the City Clerk’s Office at (562) 806-7705 or email [email protected] for more information.
Daisy Gomez, City Clerk
Ereni de la Paz Barcena 9/22/2025
Linda Judith Lopez Chavez 4/28/2025
Crystal Jimenez De La Rosa 1/13/2025
Juan Manuel Rojas Guillen 1/27/2025
Miguel Maravilla Sanchez 1/13/2025
Carlos Jose Barrera Chavez 1/13/2024
Kenneth Preciado De La Rosa 1/13/2025
Yorgelys Monroy Guillen 2/11/2025
Oscar Boado Sanchez 9/11/2023
Javier Garay Barcena 8/10/2026
Katelynn Cabrera Chavez 4/28/2025
Ainslee Preciado De La Rosa 2/24/2025
Karla Acosta Guillen
Carmen Vargas Sanchez 7/22/2024
Ana Maria Sanchez Flores Barcena 1/9/2023
Mayra Teresa Yañez Chavez 4/28/2025
Karina Garcia De La Rosa 5/12/2025
VACANT Guillen
Stephanie Perez Sanchez 1/23/2023
David Heredia Barcena 1/9/2023
Edgar Juvenal Lopez Bustillos Chavez 4/28/2025
Gustavo Mendez De La Rosa 4/14/2025
Samuel Perez Guillen 2/24/2025
Pedro Trujillo Sanchez 1/12/2026
NAME APPOINTED BY VACANCY
POSTED
APPOINTMENT
DATE
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
EXECUTIVE SUMMARY
TO: Honorable Mayor and City Council Members
FROM: Manuel Acosta, Acting City Manager
BY: Elizabeth Nava, Director of Recreation and Community Services
SUBJECT: Kounkuey Design Initiative – Our Resilient Rio Project Update
DATE: September 28, 2026
RECOMMENDATION:
It is staff’s recommendation that the City Council receive and file an update on the “Our Resilient Rio” Project.
BACKGROUND/DISCUSSION:
In August 2021, Kounkuey Design Initiative (KDI) submitted an application to the California San Garbriel and Lower Los Angeles Rivers and Mountains Conservancy Department (“RMC”) and was awarded $200,000 in Proposition 1 Grant funding for the “Bell Gardens Recovery Project at the Bell Gardens Golf Course”. With these funds, KDI surveyed members of the community to develop a vision plan for the space that is currently the Bell Gardens Golf Course. This vision plan is called, “Our Resilient Rio – A Vision Plan for the Future of The Bell Gardens Golf Course” (the “Vision Plan” or “Project”).
Using the survey input, KDI developed 3 concepts for the Vision Plan that were presented to the City Council, and feedback was given on their design preferences. In March 2024, the City Council approved the Parque Del Sol design for the final Vision Plan and authorized KDI to seek additional funding for the Vision Plan design, construction plans, and specifications and estimates. The City Council further clarified their direction that the next step in the process would be design only, not implementation. However, in early August 2025, staff was informed by KDI that the RMC was soliciting applications for Proposition 1 River Parkways and Urban Streams for Lower Los Angeles River Grant funds which would fund design, construction plans and specifications as well as implementation of the first phase of the Vision Plan. Staff brought an item to the City Council on August 11, 2025, with this new information, and was given direction to bring back an item for consideration of a resolution that would authorize KDI to apply for the new RMC grant.
Grant Application and Award
On August 25, 2025, the City Council authorized KDI to apply for RMC’s Proposition 1 River Parkways and Urban Streams for Lower Los Angeles River Grant, to cover the cost of design, construction plans, and specifications, as well as implementation of the first phase of construction of the Vision Plan (the “Phase 1”). As a reminder, Phase 1 includes
incorporating elements of the Vision Plan that are on the exterior of the City’s Golf Course and would not require Golf Course closure.
KDI applied for and was awarded a $5 million grant and successfully entered into an agreement with RMC earlier this month.
Phase 1 and Operations Plans
Phase 1 of the Parque Del Sol Vision Plan Project establishes key infrastructure and landscape improvements including building a path connecting the Bell Gardens Sports Center and Golf Course to the Rio Hondo Riverbed, adding elements such as gardens, shade structures and gathering places around the exterior of the City’s Golf Course.
Additional components include placing native plants between and around the fairways and installing fencing that will separate the pathways from the Golf Course. After Phase 1 is completed, KDI will need City Council approval to seek funding for implementation and construction of additional phases of the Project.
Project Timelines
The design phase, which includes concept design through completed construction documents, is expected to take place October 2026 through November 2027.
Construction of Phase 1 of the Vision Plan is expected to take place Winter 2027 through Fall of 2028.
CONCLUSION:
KDI has been awarded a $5 million grant from the RMC for the “Our Resilient Rio Bell Gardens Golf Course Vision Plan” which includes the implementation of Phase 1 of the Vision Plan. KDI is finalizing agreements with subcontractors and is coordinating a kick-off meeting with its subcontractors, the RMC, and City Staff to determine logistics and action items for the Project. Staff will continue to keep Council informed on project status and progress.
FISCAL IMPACT:
None.
APPROVED ELECTRONICALLY BY:
Manuel Acosta, Acting City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM:Manuel Acosta, Acting City Manager
BY: Elizabeth Nava, Director of Recreation and Community Services SUBJECT:Consideration of a Resolution Approving a Contract Services Agreement with Johnsen Commercial Services DBA Pacific Decorating Company for Citywide Holiday Decoration Services
DATE:September 28, 2026
RECOMMENDATION:
It is staff's recommendation that the City Council:
1. Adopt the attached Resolution authorizing the Acting City Manager to execute a Contract Services Agreement with Johnsen Commercial Services DBA Pacific Decorating Company, subject to City Attorney approval as to form, for the purchase, installation, removal, and storage of Citywide holiday decorations; and
2. Provide further direction as to the selected decorations.
BACKGROUND/DISCUSSION:
On January 26, 2026, staff provided the City Council with an assessment of potential holiday decoration expansion alternatives. After a discussion on the potential alternatives, the City Council directed staff to provide further assessment on the installation of new holiday banner poles with an overhead holiday banner. On February 9, 2026, the City Council directed staff to proceed with procurement of the new holiday banner poles with an overhead holiday banner on Florence Avenue, east of Eastern Avenue.
On April 13, 2026, the City entered into an Energy Services Agreement with ABM Solutions, LLC (ABM) for the Phase 2 Energy Conservation Improvements (the “Phase 2 Energy Project”). As part of the Phase 2 Energy Project, ABM will also be installing two (2) new 28- foot holiday banner poles along Florence Avenue, east of Eastern Avenue, which will be available for installing decorations for the holiday season.
On August 24, 2026, staff provided the City Council with an update on the status of the banner poles and information regarding options for Citywide holiday decorations. The City Council directed staff to publish a Request for Proposals (“RFP”) for Citywide holiday decorations, including 2 skyline banners (one over Garfield Avenue at Florence Avenue and the other over Florence Avenue at Eastern Avenue).
On August 27, 2026, the City’s Recreation and Community Services Department issued an RFP for Citywide holiday decorations. The City received 3 proposals in response to the RFP by the established submittal deadline. However, only 2 were deemed responsive. Proposals were reviewed and evaluated by City staff using the criteria set forth in the RFP, which included assessing each proposer’s comprehension of the RFP, overall qualifications, total proposed cost, and references. The proposer with the highest score was Johnsen Commercial Services DBA Pacific Decorating Company (“Pacific Decorating Company”).
Decoration Theme
Staff is seeking direction on the theme for the Citywide holiday decorations which will provide a uniformed look throughout the City. The two main themes are Winter Wonderland or Traditional Holiday.
1. Winter Wonderland:
a. Colors: blue, white, and silver.
b. Decor: snowflakes and icicles.
2. Traditional Holiday
a. Colors: red, green, and gold.
b. Decor: holiday trees, candy canes, Santa Claus, and stockings.
Both options can include bows, ribbons, wreaths, and ornaments in the theme colors.
LED Lit Skyline
There are various options available for the LED lit skyline banner that will hang over Garfield Avenue and Florence Avenue.
During the August 24, 2026 City Council meeting, staff informed the City Council that a customized skyline was possible for next year (2027), however due to time constraints, a generic skyline is the only option for this holiday season. To maximize cost savings for this holiday season, staff recommends purchasing the perimeter sections of the skyline that match RANK AVG.
SCORE
FIRM YEAR 1 YEAR 2 YEAR 3 YEAR 4
(Optional)
YEAR 5
(Optional)
1 96.5 Pacific Decorating Co.
PURCHASE $136,129.38 $64,837.77 $66,719.10 $68,615.67 $70,569.14 LEASE $84,590 $87,127 $89,741 $97,115.67 $99,069.14
2 92.5 The Christmas Light Guy Co.
PURCHASE $159,897.78 $73,006.10 $73,006.10 $73,006.10 $73,006.10 LEASE $108,700.10 $108,700.10 $108,700.10 $108,700.10 $108,700.10
the theme of the Citywide decorations, and that have a generic center piece. Next year, staff will bring an item for the City Council to consider the design and purchase of the customized center portion of the skyline banner.
CONCLUSION:
Staff recommends entering into a Contract Services Agreement with Pacific Decorating Company for the purchase, installation, removal and storage of Citywide holiday decorations for a three (3) year term with the option of two (2) one-year extensions.
FISCAL IMPACT:
The total fiscal impact to the City’s General Fund budget for Fiscal Year 2026-2027 will not exceed $132,362, which includes the purchase, installation, removal and storage of Citywide holiday decorations as well as a 10% contingency. The fiscal impact for subsequent years of the the on given is direction once bewillAgreementServices Contract determined customization of the skyline banners. Additional appropriations will be required at the mid- year budget review.
APPROVED ELECTRONICALLY BY:
Manuel Acosta, Acting City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services
RESOLUTION NO. 2026-106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING A CONTRACT SERVICES
AGREEMENT WITH JOHNSEN COMMERCIAL SERVICES DBA
PACIFIC DECORATING COMPANY FOR CITYWIDE HOLIDAY
DECORATION SERVICES
WHEREAS, the City of Bell Gardens (“City”) requires holiday decoration services including the design and development, installation, removal, and storage of new holiday lighting and decoration displays for various areas of the City; and WHEREAS, the City issued a Request for Proposals for Citywide holiday decoration services (“RFP”) in accordance with the City’s purchasing policies and state law; and
WHEREAS, the City received three (3) timely proposals in response to the RFP, but only (2) were deemed responsive; and
WHEREAS, a comprehensive review was conducted by City staff using the evaluation criteria specified in the RFP; and
WHEREAS, City staff determined that Johnsen Commercial Services dba Pacific Decorating Company (“Pacific Decorating Company”) is qualified to perform such contracted services by virtue of its experience, training, licenses, and expertise; and WHEREAS, the City desires to enter into a Contract Services Agreement with Pacific Decorating Company for the purchase of new holiday decorations, installation and removal labor, and storage of the decorations for three (3) years and two (2) optional one-year extension terms; and
WHEREAS, during the first year of the Contract Services Agreement, the City will purchase new holiday decorations and pay for the installation and removal labor, and storage of the decorations. During the remainder of the Agreement, the City will only pay for labor and storage costs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BELL GARDENS AS FOLLOWS:
SECTION 1. The City Council, after consideration of the staff report and presentation, discussion, oral testimony and evidence presented to the City Council, hereby finds that the above recitals are true and correct and incorporate them herein.
SECTION 2. The City Council hereby approves a Contract Services Agreement for Citywide holiday decoration services by and between the City and Pacific Decorating Company for a not-to-exceed amount of $136,129.38 for year 1 for the purchase of the
Resolution No. 2026-106
2 of 3
holiday decorations, labor, and storage. The not-to-exceed amount for labor and storage during subsequent years will be $64,837.77 for year 2; $66,719.10 for year 3; $68,615.67 for the first optional extension term (year 4); and $70,569.14 for the second optional extension term (year 5).
SECTION 3. The City Council further authorizes the Acting City Manager to execute the Contract Services Agreement between the City and Pacific Decorating Company, subject to City Attorney approval as to form, consistent with this Resolution, along with any ancillary documents reasonably necessary to effectuate the intent of this Resolution.
SECTION 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
PASSED, APPROVED, and ADOPTED this 28th day of September, 2026.
THE CITY OF BELL GARDENS
_____________________________
Miguel De La Rosa, Mayor
APPROVED AS TO FORM: ATTEST:
___________________________
Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
Resolution No. 2026-106
3 of 3
I, Daisy Gomez, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. 2026-106 was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on September 28, 2026, and was approved and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Daisy Gomez
City Clerk
1 2026
CONTRACT SERVICES AGREEMENT
(Contractor: Johnsen Commercial Services dba Pacific Decorating Company ) (Nature of Engagement: Bell Gardens Citywide Holiday Decoration Services)
THIS CONTRACT SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this ___________ day of _________________ 202 6 (hereinafter, the “Effective Date”), by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, “CITY”), and JOHNSEN COMMERCIAL SERVICES DBA PACIFIC DECORATING COMPANY (hereinafter, “CONTRACTOR”). For the purposes of this Agreement, CITY and CONTRACTOR may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONTRACTOR interchangeably.
RECITALS
WHEREAS, CITY is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; and
WHEREAS, CITY requires holiday decoration services, including the design and development, installation, removal, and storage of new holiday lighting and decoration displays for various areas of the CITY; and
WHEREAS, during the first year of the Agreement, the CITY will purchase the new holiday decorations and pay for the installation and removal labor, and storage of the decorations. During the remainder of the Agreement, CITY will only pay for labor and storage costs; and
WHEREAS, CITY staff has determined that CONTRACTOR possess the skills, experience and expertise required to competently provide the services and tasks contemplated under this Agreement; and
WHEREAS, the execution of this Agreement was approved by the Bell Gardens City Council at its Regular Meeting of September 28, 2026.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONTRACTOR agree as follows:
SECTION 1. SCOPE OF WORK.
A. Subject to the terms and conditions of this Agreement, CONTRACTOR agrees to provide CITY with development, installation, removal, and storage for the new holiday lighting and decoration displays. The various tasks and related services to be performed by CONTRACTOR are more specifically described in the CITY’s “Request for Proposals for Bell Gardens Citywide Holiday Decorations ” (hereinafter the “CITY RFP”) dated August 27, 2026, and the written proposal of CONTRACTOR entitled “City of Bell Gardens City Wide Holiday Decorations” (hereinafter, the “CONTRACTOR PROPOSAL”) dated September 21, 2026. The CITY RFP and the CONTRACTOR PROPOSAL are attached and incorporated
2 hereto as Exhibit “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the CONTRACTOR PROPOSAL. The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONTRACTOR PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control but only to the extent of the conflict or inconsistency and no further.
B. CONTRACTOR shall provide all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall perform the Work in accordance with the terms and conditions of this Agreement and in accordance with such other written or verbal directives as may be issued by CITY.
C. By executing this Agreement, CONTRACTOR warrants that CONTRACTOR: (i) has thoroughly investigated and considered the nature of the work, services and tasks to be performed under this Agreement; (ii) has carefully considered how the Work should be performed; and (iii) fully understands the facilities, difficulties, and restrictions Agreement.thisunder services attending of performance the CONTRACTOR warrants that it will inspect any location where the Work is to be performed acquaint thewithitself and co the locationof nditions toprior commencing any of the Work requested by CITY. Should the CONTRACTOR discover theaffect materially willwhichunknown or latentany conditions performance of the services hereunder, CONTRACTOR shall immediately inform the CITY of such fact and shall not proceed, except at CONTRACTOR’s risk until written instructions are received from the City Representative as defined herein.
D. In the event CONTRACTOR ceases to perform the Work agreed to under this Agreement or otherwise abandons any undertaking contemplated herein prior to completion and acceptance of the Work, CONTRACTOR shall deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONTRACTOR in the performance of this Agreement.
Furthermore, CONTRACTOR shall only be compensated for the reasonable value of the services, tasks and other work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONTRACTOR’s cessation or abandonment.
SECTION 2. TERM.
A. This Agreement shall have a term of three (3) years commencing as of the Effective Date (hereinafter, the “Term”). The Term of the Agreement may be extended by the CITY subject to its same terms and conditions for a maximum of two (2) one-year extensions, provided the CITY issues written notice of its intent to extend the Term of the Agreement prior to the expiration o f the initial Term.
3 B. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause.
C. CONTRACTOR shall perform the Work continuously and with due diligence.
CONTRACTOR shall cooperate with CITY and in no manner interfere with the Work of CITY, its employees or other consultants, contractors or agents.
D. CONTRACTOR shall not claim or be entitled to receive any compensation or damage because of the failure of CONTRACTOR, or its subcontractors, to have related services or tasks completed in a timely manner.
E. CONTRACTOR shall at all times enforce strict discipline and good order among CONTRACTOR’s employees.
F. CONTRACTOR, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.
SECTION 3. PROSECUTION OF WORK.
A. CONTRACTOR shall perform the Work contemplated under this Agreement on an as-needed, as requested basis. Nothing in this Agreement shall be construed to grant CONTRACTOR the exclusive right to perform any of the types of services or tasks contemplated under this Agreement nor shall anything in this Agreement be construed to entitle CONTRACTOR to the receipt of any sums under this Agreement, except to the extent CITY requests the performance of any Work in the manner described below and such Work is in fact performed and completed by CONTRACTOR and accepted by CITY. CITY requests for the performance of specific services or tasks contemplated under this Agreement shall be made in the form of a written work order(s) issued by the City Representative (each such written request hereinafter referred to as a “Work Order”). Each Work Order shall include the following information:
1. A detailed description of the specific services or tasks requested;
2. The location of where the particular services or tasks are to be performed, if applicable;
3. A not-to-exceed budget for performing the services or tasks;
4. A timeline for completing the requested services or tasks;
5. Any other information CITY deems necessary and relevant to the requested services or tasks; and
6. The signature of the City Representative, confirming that the services or tasks have been authorized by the City Representative.
B. CONTRACTOR shall perform no Work under this Agreement without a written request from the City Representative, containing the information set forth in Section 3(A), above.
C. Time is of the essence in the performance of Work under this Agreement, and in the Citythefrominstructions other specific scheduleaof absence or Representative, CONTRACTOR shall begin and complete performance of the Work to completion in a timely and a diligently manner as possible.
4 SECTION 4. COMPENSATION.
A. CONTRACTOR shall perform all the Work in accordance with the rates set forth in the CONTRACTOR PROPOSAL.
B. CONTRACTOR’s total compensation for the purchase of the holiday decorations, labor, and storage for Year One of this Agreement shall not exceed the sum of
ONE HUNDRED THIRTY-SIX THOUSAND ONE HUNDRED TWENTY-NINE DOLLARS AND THIRTY-EIGHT CENTS ($136,129.38) (hereinafter, the “Year One Not-to-Exceed Sum”). The total compensation for labor and storage during Year Two shall not exceed the sum of SIXTY-FOUR THOUSAND EIGHT
HUNDRED THIRTY-SEVEN DOLLARS AND SEVENTY-SEVEN CENTS
($64,837.77) (hereinafter, the Year Two Not-to-Exceed Sum”). The total compensation for labor and storage during Year Three shall not exceed the sum of SIXTY-SIX THOUSAND SEVEN HUNDRED NINETEEN DOLLARS AND TEN CENTS ($66,719.10) (hereinafter, the “Year Three Not-to-Exceed Sum”). The total compensation for labor and storage during the First Optional One-Year Extension shall not exceed SIXTY-EIGHT THOUSAND SIX HUNDRED FIFTEEN DOLLARS AND SIXTY-SEVEN CENTS ($68,615.67) (hereinafter, the “First Extension Not- to-Exceed Sum”). The total compensation for labor and storage during the Second Optional One-Year Extension shall not exceed SEVENTY THOUSAND FIVE HUNDRED SIXTY-NINE DOLLARS AND FOURTEEN CENTS ($70,569.14) (hereinafter, the Second Extension Not-to-Exceed Sum”). CONTRACTOR further agrees that the Annual Not-to-Exceed Sum is inclusive of compensation for all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work.
CONTRACTOR shall have no right or entitlement to any overage cont ingency sums authorized by the City Council unless the City Representative authorizes the expenditure of such overage contingency funds in writing in the City Representative’s sole and absolute discretion.
C. The Annual Not-to-Exceed Sum will be paid to CONTRACTOR in monthly increments as the Work is completed. Following the conclusion of each calendar month, CONTRACTOR will submit to CITY an itemized invoice indicating the work performed and the tasks completed during the recently concluded calendar month, including the Work and tasks performed and the reimbursable out -of-pocket expenses incurred. If the amount of CONTRACTOR’s compensation includes hours worked by CONTRACTOR’s personnel, the invoice shall indicate the number of hours worked in connection with the specific service or task requested, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY shall notify CONTRACTOR in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONTRACTOR.
5 SECTION 5. STANDARD OF CARE.
A. CONTRACTOR represents, acknowledges and agrees as follows:
1. CONTRACTOR shall perform all work skillfully, competently and to the highest standards applicable to the CONTRACTOR’s field;
2. CONTRACTOR represents all personnel assigned to perform the Work for CITY under this Agreement shall possess the skill, training, and experience necessary to competently perform the Work and shall at all times possess and maintain all licenses, certifications and/or qualifications necessary to perform the Work;
3. CONTRACTOR shall perform all work in a manner reasonably satisfactory to the CITY;
4. CONTRACTOR shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONTRACTOR’s compliance with applicable laws will include,Cal/OSHAapplicablewithalllimitation,without compliance requirements and applicable regulations of the Federal Department of Housing and Urbanization;
5. CONTRACTOR understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
6. In the performance of this Agreement, CONTRACTOR shall supply and deploy necessary,thein materials andtools, equipment,personnel, reasonable opinion of CITY, to perform all Work in compliance with the standard of care set forth in this Section and to time complete all Work as specified by the Scope of Work or other written order;
7. All of CONTRACTOR’s employees and agents (including but not limited to CONTRACTOR’s subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throug hout the term of this Agreement; and
8. CONTRACTOR shall perform, at CONTRACTOR’s sole cost and expense, any causedomissions or errors to correct bynecessary tasks any CONTRACTOR’s failure to comply with the standard of care set forth in this Section or by any like failure on the part of CONTRACTOR’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONTRACTOR to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other
6 extended period of time authorized by the City Representative in writing in the City Representative’s sole and absolute discretion.
B. The Parties acknowledge and agree that CONTRACTOR shall perform, at CONTRACTOR’s own cost and expense and without any reimbursement from CITY, any services or tasks necessary to correct any errors or omissions caused by CONTRACTOR’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONTRACTOR’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONTRACTOR to correct any errors or omissions shall be commenced immedia tely upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City Representative in writing and absolute discretion. The Parties acknowledge and agree that CONTRACTOR’s acceptance of any work performed by CONTRACTOR or on CONTRACTOR’s behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CONTRACTOR has relied upon the foregoing representations of CONTRACTOR, thatrepresentationthetoincludingnotbut limited knowledge experienceandtraining,thepossesses CONTRACTOR skills, necessary to perform the Work in a skillful and competent manner equivalent to, the beingstandardof performance generally recognized as employed by professionals performing the same type of work and services in the State of California.
SECTION 6. REPRESENTATIVES.
A. RepresentativeCity Agreement,of contractthepurposesthis For .the administrator and CITY’s representative shall be Elizabeth Nava, Director of Recreation and Community Services (hereinafter, the “City Representative”). It shall be CONTRACTOR’s responsibility to assure that the City Representative is kept andservices, theof performancetheprogress theofinformed of CONTRACTOR shall refer any decisions which must be made by CITY to the City Representative. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the City Representative.
B. Contractor Representative. For the purposes of this Agreement, Tara Johnsen, President, ofrepresentativeandtheprincipal designatedherebyis as CONTRACTOR authorized to act on its behalf with respect to CONTRACTOR’s performance under this Agreement and to make all decisions in connection therewith (hereinafter, the “Contractor Representative”). Notice to the Contractor Representative, or writtenwhether verbal, noticeconstituteshall to CONTRACTOR. The Contractor’s Representative shall supervise and direct the Work, using their best skill and attention, and shall be responsible for all means, methods, techniques,sequences,and procedures and for the satisfactory coordination of all portions of the Work under this Agreement.
SECTION 7. CONTRACTOR’S PERSONNEL.
A. CONTRACTOR represents that it has, or will secure at its own expense, all personnel required to perform the Work and all other services and tasks necessary
7 for CONTRACTOR to competently and timely complete the improvements contemplated under this Agreement. All Work, services and tasks will be performed under CONTRACTOR’s supervision, and CONTRACTOR’s personnel engaged in the performance of the work, services and tasks contemplated under this Agreement shall possess the qualifications, permits and licenses required by applicable law to perform such work, services and tasks.
B. CONTRACTOR shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Work.
CONTRACTOR shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the CONTRACTOR’s performance of the Work, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties, or interest levied, asse ssed, or imposed against CITY hereunder.
C. CONTRACTOR shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work.
D. In the event that CITY, in its sole reasonable discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONTRACTOR to perform services pursuant to this Agreement, CONTRACTOR shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons.
E. andemployees’ allof payment CONTRACTOR responsiblebeshall for subconsultants’ wages and benefits and shall comply with all requirements pertaining to employer’s liability, workers’compensation, unemployment insurance, and Social Security.
F. CONTRACTOR shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the performance of the Work contemplated under this Agreement.
SECTION 8. SUBSTITUTION OF KEY PERSONNEL. CONTRACTOR has represented to CITY that certain key personnel will perform and coordinate the Work under this Agreement. Should one or more of such personnel become unavailable, CONTRACTOR may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONTRACTOR cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Work in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONTRACTOR at the request of the CITY.
SECTION 9. PREVAILING WAGES AND GENERAL LABOR COMPLIANCE AND REPORTING.
A. CONTRACTOR and any subcontractor performing or contracting any portion of
8 the Work shall comply with all applicable provisions of the California Labor Code for all workers, laborers and mechanics of all crafts, classifications or types, including, but necessarily limited to the following:
1. In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the Work shall constitute a legal day’s work under this Contract. CONTRACTOR and any subcontractor shall pay workers overtime pay (not less than 1 1/2 times the base rate of pay) as required by California Labor Code Section 1815. CONTRACTOR and any subcontractor shall, as a penalty to the CITY, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation to the provisions of Article 3 of Chapter 1 of Part 7, Divisio n 2 of the California Labor Code, which is incorporated by this reference as though fully set forth herein.
2. Pursuant to the provisions of California Labor Code, Sections 1770 et. seq., CONTRACTOR and any subcontractor under CONTRACTOR shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Pursuant to the provisions of California Labor Code Section 1773.2, CONTRACTOR is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in t he locality in which the work is to be performed for each craft, classification, or type of worker required to execute the Contract, are on file at the Public Works Yard, which copies shall be made available to any interested party on request.
CONTRACTOR shall post a copy of said prevailing rate of per diem wages at each job site.
B. As required by Section 1773.1 of the California Labor Code, CONTRACTOR shall pay travel and subsistence payments to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Section.
C. To establish such travel and subsistence payments, the representative of any craft, classification, or type of workman needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within ten (10) days after their execution and thereafter shall establish such travel and payments.
D. CONTRACTOR shall comply with the provisions of Section 1775 of the California Labor Code and shall, as a penalty to CITY, forfeit up to fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract. CONTRACTOR shall pay each worker an amount equal to the difference between the prevailing wage rates and the amount paid worker for each calendar day or portion thereof for which a worker was paid less than the prevailing wage rate. CONTRACTOR is required to pay all applicable penalties
9 and andlaw, wageof violation prevailingevent theinwages back of CONTRACTOR and any subcontractor shall fully comply with California Labor Code Section 1775, which is incorporated by this reference as though fully set forth herein.
E. CONTRACTOR and any subcontractor shall maintain and make available for inspection payroll records as required by Labor Code Section 1776, which is incorporated by this reference as though fully set forth herein. CONTRACTOR is responsible for ensuring compliance with Labor Code Section 1776 and shall keep accurate payroll records containing all such information as maybe called for under Labor Code Section 1776 and other applicable provisions of State law.
F. CONTRACTOR and any subcontractors shall, when they employ any person in any apprenticeable craft or trade, apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the work site for a certificate approving CONTRACTOR or subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected; and shall comply with all other requirements of Section 1777.5 of the California Labor Code, wh ich is incorporated by this reference as though fully set forth herein. The responsibility of compliance with California Labor Code this withcontract of reststheduring1777.5Section performance CONTRACTOR. Pursuant to California Labor Code Section 1777.7, in the event CONTRACTOR knowingly fails to comply with the provisions of California Labor Code Section 1777.5, civil penalties will be assessed. CONTRACTOR shall also be subject to California Labor Code Section 1777.1.
G. In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860), and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the California Labor Code, CONTRACTOR is required to secure the payment of compensation to its employees and for that purpose obtain and keep in effect adequate Workers' Compensation Insurance and Employers Liability Insurance. If CONTRACTOR, in the sole discretion of the CITY satisfies the capacity uresponsibility theof CITY and Workers'applicable thender Compensation Laws, if any, to act as self-insurer, CONTRACTOR may so act, and in such case, the insurance required by this paragraph need not be provided.
CONTRACTOR is advised of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code and shall comply with such provisions and have Employer’s General Liability limits of $1,000,000 per accident before commencing the performance of the Work of this Contract. The Notice to Proceed with the Work under this Contract will not be issued, and CONTRACTOR shall not commence the Work, until CONTRACTOR submits written evidence that it has obtained full Workers' Compensation Insurance coverage for all persons whom it employs or may employ in carrying out the Work under this Contract. This insurance shall be in accordance with the requirements of the most current and applica Workers'ble state Compensation Insurance Laws. In accordance with the provisions of Section 1861 of the California Labor Code, CONTRACTOR in signing this Contract certifies to the CITY as true the following statement: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability
10 for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this contract." A subcontractor is not allowed to commence the Work on the project until verification of Workers’ Compensation Insurance coverage has been obtained and verified by CONTRACTOR and submitted to the Public Work’s Director for the CITY’s review and records.
H. In accordance with the provisions of Section 1727 of the California Labor Code, the CITY, before making payment to CONTRACTOR of money due under a contract for public work, shall withhold and retain therefrom all amounts required to Labortheby assessment penalty issuedwagecivil any satisfy and Commissioner, along with the terms of Chapter 1, Part 7, Division 2 of the California Labor Code (commencing with Section 1720). But no sum shall be withheld, retained or forfeited, except from the final payment, without a full investigation by either the Division of Labor Standards Enforcement or by the CITY.
SECTION 10. PROHIBITED INTERESTS. CONTRACTOR warrants, represents and maintains that it has not employed nor retained any company or person, other than a fidebona solelyworkingemployee for CONTRACTOR solicit thissecureor to, Agreement. Further, CONTRACTOR warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, CITY shall have the absolute and unfettered right to rescind this Agreement without liability or penalty. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
SECTION 11. INDEPENDENT CONTRACTOR.
A. All acts of CONTRACTOR, its agents, officers, subcontractors and employees and all others acting on behalf of CONTRACTOR relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONTRACTOR, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. CONTRACTOR has no authority or responsibility to exercise any rights or power vested in CITY. No agent,of employee CITY or officer, is employeeanconsideredbeto of CONTRACTOR. It is understood by both CONTRACTOR and CITY that this Agreement shall not, under any circumstances, be construed or considered to create an employer-employee relationship or a joint venture.
B. CONTRACTOR, its agents, officers, subcontractors and employees are and, at all times during the Term of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY.
C. CONTRACTOR shall determine the method, details and means of performing the Work. CONTRACTOR shall be responsible to CITY only for the requirements and results specified in this Agreement and, except as expressly provided in this
11 Agreement, shall not be subjected to CITY's control with respect to the physical action Agreement.thisfulfillmentin oftheof activitiesor CONTRACTOR CONTRACTOR has control over the manner and means of performing the services under this Agreement. CONTRACTOR is permitted to provide services to others during the same period as it provides services to CITY under this Agreement. If necessary, CONTRACTOR has the responsibility for employing other persons or firms to assist CONTRACTOR in fulfilling the terms and obligations under this Agreement.
D. If in the performance of this Agreement any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term be theby determinedshallof requirement or employmentof law CONTRACTOR.
E. It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONTRACTOR nor CONTRACTOR'S assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of CITY in any capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever.
F. As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.
SECTION 12. CONFLICTS OF INTEREST. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with CONTRACTOR in connection with this project. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a state statute. or law ordinance, federal any under interestof CITY conflict CONTRACTOR agrees that a clause substantially similar to this Section shall be incorporated into any sub-contract that CONTRACTOR executes in connection with the performance of this Agreement.
SECTION 13. NON-DISCRIMINATION. During the performance of this Agreement, CONTRACTOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religio us creed, color, national origin,physical ancestry, disability,disability,mental conditionmedical genetic , information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, decisionhealthreproductive making or military veteranand status.
CONTRACTOR and subcontractors shall ensure that the evaluation and treatment of their employees suchof freeare discrimination.for applicants and employment FairCONTRACTOR and subcontractors shall comply with the provisions of the Employment and Housing Act (Gov. Code, Section 12900 et seq.). The applicable regulations of the Fair Employment and Housing Act, set forth in Part 2.8, Division 3, of
12 Title 2 of the Government Code are incorporated into this Contract by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective ba theshallCONTRACTOR This includeother or rgaining agreement. nondiscrimination and compliance provisions of this clause in all subcontracts to perform the Work under this Agreement.
SECTION. 14. INDEMNIFICATION.
A. To the fullest extent permitted by law, CONTRACTOR hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless CITY and CITY’s elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any oerror, act,tofailure act,or of ofanyor CONTRACTOR mission CONTRACTOR’s officers, agents, servants,employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, re sulting from, or related to this Agreement and the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurren t, or subsequent active or passive negligence by CONTRACTOR and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law or elsewhere under this Agreement. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against any one or more of the Indemnitees shall be conclusive in favor of this provision.indemnity under toright Indemnitees’ the recover CONTRACTOR shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in construedthis instrument shall be to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage(s) which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees.attorneys,employed byprofessionals Accountants,or other Indemnitor to defend Indemnitees by shall be selected Indemnitees.
CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees.
13 B. CONTRACTOR’s obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act.
CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to the Indemnities.
C. CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations for the benefit of CITY, CONTRACTOR agrees to be fully responsible and indemnify, hold harmless and defend CITY, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged, intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of CONTRACTOR or any of i ts officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
D. CITY does not, and shall not; waive any rights that it may possess against CONTRACTOR because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, agrees CONTRACTOR expense. thatcostloss, liability,or CONTRACTOR’s covenant under this Section shall survive the termination of this Agreement.
E. CONTRACTOR shall fully comply with the workers’ compensation laws regarding CONTRACTOR and CONTRACTOR’s employees. CONTRACTOR further agrees to indemnify and hold CITY harmless from any failure of CONTRACTOR to comply with applicable workers’ compensation laws. CITY shall have the right to offset against the amount of any fees due to CONTRACTOR under this Agreement as ofresult aCONTRACTOR due CITYto fromamount any CONTRACTOR’s failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.
SECTION 15. INSURANCE.
A. CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1. General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting
14 standard ISO “insured contract” language will not be accepted .
2. Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering theof allfor activities property andinjury bodily damage CONTRACTOR arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned, or rented vehicles, in an amount not less than One Million Dollars ($1,000,000) combined single limit for each accident.
3. Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance (with limits of at least One Million Dollars ($1,000,000)).
4. insuranceor excess Umbrella liability . CONTRACTOR andobtainshall maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
a. A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer;
b. “Pay on behalf of” wording as opposed to “reimbursement”; and c. Concurrency of effective dates with primary policies.
Should CONTRACTOR obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.
B. CONTRACTOR shall require each of its sub-consultants or sub-contractors to maintain insurance coverage that meets all of the requirements of this Agreement.
C. The policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide.
D. CONTRACTOR agrees that if it does not keep the insurance required in this Agreement in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONTRACTOR’S expense, the premium thereon.
E. Prior to commencement of Work under this Agreement, CONTRACTOR shall file with CITY’s Risk Manager a certificate or certificates of insurance showing that the insurance policies are in effect and satisfy the required amounts and specifications required pursuant to this Agreement.
15 F. CONTRACTOR shall provide proof that policies of insurance expiring during the Term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.
G. The general liability and automobile policies of insurance shall contain an endorsement naming CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns as additional insureds. All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days’ prior written notice to CITY.
CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
H. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the CITY notvolunteers agents, or shallits officials, , officers, employees, contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
I. All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR, and CONTRACTOR’s employees, agents, subcontractors, or volunteers from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers. CONTRACTOR shall submit to CITY a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers.
J. Any deductibles or self-insured retentions must be approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.
K. If CONTRACTOR is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds.
L. Procurement of insurance by CONTRACTOR shall not be construed as a limitation of CONTRACTOR’s liability or as full performance of CONTRACTOR’s duties to indemnify, hold harmless and defend under Section 14 of this Agreement.
M. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may
16 cancel this Agreement effective upon notice.
N. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
SECTION 16. RECORDS AND INSPECTION. CONTRACTOR shall keep, and require subcontractors to keep, such books and records as shall be necessary to document the performance of the Work and enable the CITY to evaluate the performance of the Work.
The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of four (4) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.
SECTION 17. TERMINATION.
A. Termination for Convenience. CITY may immediately terminate this Agreement for convenience, without cause and without penalty or liability at any time upon the issuance of written notice to CONTRACTOR specifying the effective date of such termination. Such termination for convenie nce shall be made in writing signed by the City Manager. CONTRACTOR may only terminate this Agreement for cause.
B. Termination for Cause. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth in this Section or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement. An Event of Default shall include, but shall not be limited to the following: (i) CONTRACTOR’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (ii) CONTRACTOR’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iii) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONTRACTOR, whether voluntary of involuntary; (iv) CONTRACTOR’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreemen t; and/or (v) CITY’s discovery that a statement representation or warranty by CONTRACTOR relating to this Agreement is false or erroneous in any material respect, including any statement, representation or warranty set forth in the CONTRACTOR PROPOSAL.
1. CONTRACTOR shall cure the following Event of Default within the following
17 time periods:
i. Within three (3) business days of CITY’s issuance of a Default Notice for any failure of CONTRACTOR to timely provide CITY or CITY’s employees writtenand/or information reports,withagentsor any documentation or work product which CONTRACTOR is obligated to provide to CITY or CITY’s employees or agents under this Agreement.
Prior to the expiration of the 3-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or
ii. Within thirty (30) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 30-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 30-day cure period.
If an Event of Default relates to a material falsehood or misrep resentation set forth in Exhibit “B” that is not susceptible to a cure, CITY in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver of a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by CITY.
2. Except as otherwise specified in this Agreement, CITY shall cure any Event of Default calendar ofdays (30) CONTRACTOR within byasserted thirty CONTRACTOR’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 30-day cure period. Prior to the expiration of the 30-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONTRACTOR shall be cured by CITY within five (5) calendar days from the date of CONTRACTOR’s Default Notice to CITY.
3. CITY, in its sole and absolute discretion, may also immediately suspend CONTRACTOR’s performance under this Agreement (or the performance of any thisspecific task or function performed by CONTRACTOR under
18 Agreement) pending CONTRACTOR’s cure of any Event of Default by giving CONTRACTOR written notice of CITY’s intent to suspend CONTRACTOR’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default.
Upon such suspension, CONTRACTOR shall be compensated only for those services and tasks which have been rendered by CONTRACTOR to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY shall operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.
4. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
5. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.
In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONTRACTOR, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONTRACTOR, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONTRACTOR’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.
CONTRACTOR shall be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.
6. In the event CITY is in breach of this Agreement, CONTRACTOR’s sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONTRACTOR under this Agreement for completed services and tasks. In no event shall CONTRACTOR be topaidbewouldthatamountmorethanreceivetoentitledthe
CONTRACTOR for the full performance of the services required by this Agreement.
7. No waiver of any default or breach under this Agreement shall constitute a
19 waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
SECTION 18. FORCE MAJEURE. The Term shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONTRACTOR and without the fault or negligence of CONTRACTOR, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONTRACTOR shall within three (3) calendar days of the commencement of such delay notify CityThedelay. thecauses the of writingin RepresentativeCity the of Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONTRACTOR be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONTRACTOR’S sole remedy being extension of the Agreement pursuant to this Section.
SECTION 19. NOTICES. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during CONTRACTOR’s and CITY’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing.
If to CITY: If to CONTRACTOR:
City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: Elizabeth Nava, Director of
Recreation and Community Services
Phone: 562-806-7650
Pacific Decorating Company
P.O. Box 850
Grass Valley, CA 95945
Attn: Tara Johnsen
Phone: 760-826-4444
SECTION 20. PROHIBITION. CONTRACTOR shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY’s prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.
SECTION 21. ATTORNEY FEES. In the event that CITY or CONTRACTOR commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney’s fees.
SECTION 22. ENTIRE AGREEMENT. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. Except as expressly provided in
20 this Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail and control. This instr ument contains the entire Agreement between CITY and CONTRACTOR with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties.
Any modification of this Agreement will be effective only if it is in writing and executed by both CITY and CONTRACTOR.
SECTION 23. GOVERNING LAW; JURISDICTION. This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.
SECTION 24. SEVERABILITY. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.
SECTION 25. CAPTIONS. The captions used in this Agreement are solely for reference and the convenience of the Parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein.
SECTION 26. EXECUTION. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
21 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF BELL GARDENS, a municipal
corporation
By:
Manuel Acosta
Acting City Manager
Date:
JOHNSEN COMMERCIAL SERVICES
DBA PACIFIC DECORATING COMPANY
By: ______________________________
Name:____________________________
Title:_____________________________
Date:
APPROVED AS TO FORM:
By:_____________________________
Stephanie Vasquez
City Attorney
Date:
22 EXHIBIT “A”
CITY RFP
REQUEST FOR PROPOSALS
FOR
BELL GARDENS CITYWIDE HOLIDAY DECORATIONS
RFP Release Date
Thursday, August 27, 2026
Proposal Submittal Deadline
12:00 p.m.
Monday, September 21, 2026
Contact Person:
Elizabeth Nava, Director of Recreation and Community Services City of Bell Gardens
8000 Park Lane
Bell Gardens, CA 90201
(562) 806-7650
[email protected]
7100 Garfield Avenue • Bell Gardens, CA 90201 • (562) 806-7700 • www.bellgardens.org
I. BACKGROUND AND GENERAL INFORMATION...............................................................3 II. SUBMITTAL PROCEDURES/DEADLINE.............................................................................4 III. SCHEDULE ............................................................................................................................4 IV. DEFINITIONS, TERMS, AND CONDITIONS.......................................................................5 V.SCOPE OF WORK ................................................................................................................ 9 VI. PROPOSAL FORMAT AND CONTENT REQUIREMENTS..............................................12 VII. EVALUATION CRITERIA...................................................................................................14 VIII. ATTACHMENTS:
Attachment A – Acknowledgement of City’s Standard Form of Agreement Attachment B – Sample Contract Services Agreement
Attachment C – Proposal Price Sheet
TABLE OF CONTENTS
The City of Bell Gardens (“City”) was incorporated on August 1, 1961 as a general law city, thus, it operates under the Council/Manager form of government. The five City Council members are elected at-large by registered voters in the City for staggered four -year terms and serve as the City's legislative, policy -making body. The Mayor position is shared among the Council members who select one another as Mayor annually. The City Council holds bi-monthly public meetings. The City Manager is responsible for directing City affairs as prescribed by the City Council. The City has a population of approximately 39,000 in an area of 2.4 square miles located in the southeastern part of Los Angeles County. The City shares a common boundary with the cities of South Gate, Bell, Downey, and Commerce. The City is considered an integral part of the Los Angeles-Long Beach metropolitan area.
The City’s departments include Finance and Administration,City Clerk,Community Development, Police, Public Works, and Recreation and Community Services. Fire services are provided by the Los Angeles County Fire Department. The Recreation and Community Servies Department consists of various divisions, including Administration, Youth and Adult Sports, Parks and Afterschool Programs, Senior Services, Adaptive Recreation, Community Family Services Center, and Aquatics.
The City is seeking proposals from qualified Proposers to design, provide, install, maintain, remove and store holiday lighting and decorations throughout various areas of the City. The City is considering both options to purchase and to lease decorations and requires Proposers to provide costs for both options. Materials for both the lease and purchase option must be brand new. Contractor must be able to finalize these services no later than Monday, November 30, 2026. Proposers are encouraged to suggest additional designs or features that would enhance the overall decorative plan. Contractor will be responsible for developing a new and visually striking holiday lighting and decoration display throughout various areas of the City including: City Hall, Bell Gardens Veterans Park – Ross Hall, John Anson Ford Park – Recreation Administration Building, John Anson Ford Park Dreamers Aquatics Center, Bell Gardens Public Works Office and Warehouse, and the Neighborhood Youth Center. Using creative concepts and cohesive design elements, Contractor will ensure a unified holiday theme across all locations designated by the City in this Request for Proposals (“RFP”). the
It is the intent of the City to select a single Contractor to provide the requested services for the City of Bell Gardens; however, the City reserves the right to select one or more Proposers to provide the required services. The City reserves the right to accept or reject any or all proposals received in response to this RFP. The City also reserves the right to waive any informality, technical defect or clerical error, or irregularity in any response.The City’s potential award of an agreement will neither be based on any single factor, nor will it be based solely or exclusively on the lowest cost proposal. If an agreement is awarded, it will be awarded to the Contractor that presents an optimal balance of relevant experience, cost, quality of service, work history, and other factors, which the City may consider relevant and important in determining which proposal is best for the City.
Additionally, the City may, for any reason, decide to cancel the award of any agreement based on this RFP. The City reserves the right to cancel this RFP. There is neither a City obligation to respond to any responses submitted, nor is the City legally bou nd in any manner by the submission of a response.The City reserves the right to negotiate services and associated costs.
I. BACKGROUND AND GENERAL INFORMATION
The Contract Services Agreement for installation, removal and storage will have a term of 3 years with optional 2 1-year extensions.
An electronic version of the proposal shall be emailed to [email protected] and [email protected] no later than 12:00 p.m. on Monday, September 21, 2026. The subject line must read “Bell Gardens Holiday Decorations Proposal.” If the proposal includes any comments over and above the specific information requested in this RFP, such information should be included as a separate appendix and placed at the end of the proposal.
Proposer is responsible to ensure receipt of their proposal.
Questions and Inquiries
To ensure a fair and objective RFP process and evaluation, all questions and inquiries related to this RFP shall be addressed in writing to Elizabeth Nava, Director of Recreation and Community Services, at [email protected] deadline for written questions and inquiries is Tuesday , September 8, 2026, at 5:00 p.m. City Hall is open Monday through Thursday from 7:30 a.m. to 6:00 p.m.
All times posted in Pacific Standard Time (PST).
The tentative schedule* for this RFP is as follows:
Release of RFP Thursday , August 27, 2026
**Mandatory Walk Through Tuesday, September 1, 2026, 1pm – 4pm Deadline for Questions Tuesday, September 8, 2026, at 5pm Proposal Due Date Monday , September 21, 2026, at Noon
Virtual Proposer Interviews (if necessary ) Tuesday, September 22, 2026 ***City Council Recommendation of Award Monday, September 28, 2026
*The schedule above is tentative and subject to change at the discretion of the City, with appropriate notice to prospective proposers. Please check the Bell Gardens website for the latest updates at https://www.bellgardens.org/i-want-to/view-bids-rfps/rfps-and-bids .
** Mandatory Walk Through
There will be a mandatory walk -through of the City facilities on Tuesday , September 1, 2026 , from 1:00 p.m . to approximately 4:00 p.m. Staff will meet Proposers at 1:00 p.m. at the Public Works Administration Building and Yard located at 8327 Garf ield Avenue, and will then lead Proposers through various C holidayfor sitesbethatlocationsitywill decorations .
Attendance at the walk -through is mandatory . No submittal will be accepted from any Proposers who fail to attend the walk -through.
Below is the tentative schedule for the walkthrough:
o 1:00 p.m . – Public Works Administration Building (8327 Garfield Ave.) o 1:30 p.m . – Eastern/Florence Entry Monument, center medians and skyline II. SUBMITTAL PROCEDURES/DEADLINE
III. SCHEDULE
• (McDonalds Parking Lot – 5725 E. Florence Ave.)
o 2:00 p.m . – Neighborhood Youth Center (5856 Ludell St.) o 2:30 p.m . – City Hall (7100 Florence Ave.) and Garfield Skyline o 3:00 p.m . – Veterans Park (6662 Loveland St.)
o 3:30 p.m . – Ford Park and Dreamers Aquatics Center (8000 Park Lane)
Walkthrough schedule may be subject to change.
*** Proposer must be available on Monday, September 28, 2026, in-person or virtually, for a possible presentation to the City Council.
1. Definitions: To simplify and clarify the language throughout this RFP, the following definitions shall apply:
A. City Council: The elected officials of the City, who have been given the authority to exercise such powers and jurisdiction on all City business as conferred by the State Constitution and the City of Bell Gardens Municipal Code.
B. Contract Services Agreement: A contract between the City and the selected Contractor to furnish professional services over a designated period.
C. Contractor: The selected qualified vendor, firm, company, organization,or individual offering a proposal in response to this RFP.
D. Proposer: A qualified vendor, firm, company, organization, or individual offering a proposal in response to this RFP.
E. Proposer’s Representative: All of the Proposers’ employees, officers, directors, contractors and agents, any subcontractors or suppliers listed in the Proposer's proposal, and any individual or entity who has been requested by the Proposer to contact the City on the Proposer's behalf.
2. Proposal General Terms and Conditions:
A. RFP General Conditions
Proposals shall be prepared to simply and economically, provide a straightforward, concise description of the Proposer’s ability to meet the requirements of this RFP. Emphasis shall be on the quality, completeness, clarity of content, responsiveness to the requirements, and an understanding of City’s objectives.
submitRFP and shallin thiscarefully read the information containedshallProposers complete responses to all requirements and questions, as directed. Incomplete proposals may be considered non-responsive and may be rejected in the City’s discretion.The submission of a response to this RFP shall be deemed a representation and certification by the Proposer that it has read and understood the RFP, has investigated all aspects of the RFP, and is aware of the applicable facts pertaining to the RFP process, its procedures, and requirements. No request for modification of the responses to this request shall be considered IV. DEFINITIONS, TERMS, AND CONDITIONS
after its submission on grounds that the Proposer was not fully informed as to any facts or condition.
Proposers should be aware that the RFP and the contents of the successful proposal will become a part of any subsequent Contract Services Agreement that may arise from this RFP.
Following the Proposal Submission Deadline,the City, pursuant to the Californ ia Public Records Act (Govt. Code section 7920.000 et seq.) reserves the right to make copies of all submitted proposals available for inspection and copying by any interested member of the public, except to the limited extent the City determines that any information contained in a proposal is legally privileged under the California Public Records Act. By submission of a proposal,proposal,their that and any informationandacknowledgeProposersagree contained therein, may be disclosed by the City to interested members of the public, including other Proposers. All responses to the RFP received become a matter of public record and shall be regarded as public records, with the exception of those elements in each proposal which are defined by the Proposer as business or trade secrets and plainly marked as “Confidential,” “Trade Secret,” or “Proprietary.” The City shall not , in any way , be liable or responsible for the disclosure of any such proposal or portions thereof, if they are not plainly marked as “Confidential,” “Trade Secret,” or “Proprietary” or if disclosure is required under the Public Records Act. Any proposal which contains language purporting to render all or significant portions of the proposal “Confidential,” “Trade Secret,” or “Proprietary” shall be regarded as nonresponsive.
B. Proposal Validity
A proposal may be modified or withdrawn in person at any time before the scheduled due date, provided a receipt for the withdrawn proposal is signed by the Proposer’s authorized representative. The City reserves the right to request proof of authorization to withdraw a proposal. Proposals may not be withdrawn after the proposal closing date and each Proposer agrees to this stipulation upon submittal of its proposal.
All proposals, with associated costs, shall be considered valid and binding on the Proposer for a period of ninety (90) days after the proposal due date.
C. Electronic Documents
Proposers may be supplied with the original RFP documents in electronic form to aid in the preparation of proposal(s). By accepting these electronic documents, each Proposer agrees not to edit or change the language or format of these documents. Submission of a proposal by a Proposer signifies full agreement with this requirement.
D. Receipt of Proposals
Submitted proposal(s) must be properly addressed and received by the City prior to the date and time specified.
Receipt of an addendum of the RFP by a Proposer must be acknowledged by submitting the signed addendum with the proposal.
E. Alterations
Proposal documents cannot be physically altered or amended after the closing date.Page 385 of 462
Alterations made before closing must be initialed by the Proposer to guarantee authenticity.
Proposals may not be withdrawn after the proposal closing date, and each Proposer agrees to this stipulation upon submittal of its proposal.However, all proposals are subject to negotiation before a Contract Services Agreement is awarded as further described below.
F. City Representative and Communication
The Director of Recreation and Community Services is the designated “City Representative” for this RFP. Proposers must only communicate with the City Representative during the RFP submission and procurement process. Communications initiated by Proposers regarding this RFP with members of the City Council, or with officers, personnel, or employees of the City other than the City Representative, may be grounds for disqualification.Any inquiries or requests during this RFP submission and procurement process shall be submitted in writing to the City Representative as follows:
City of Bell Gardens
Attention: Elizabeth Nava, Director of Recreation and Community Services 8000 Park Lane
Bell Gardens, CA 90201
(562) 806-7650
Email: [email protected]
The City shall not be responsible for any verbal communication between any employee of the City and any Proposer outside of the communication procedures established in this RFP.
Only written requirements and qualifications will be considered. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions, or specifications stated in the resulting Contract Services Agreement.
Proposers and Proposer’s Representatives may not communicate with the City Council members about this RFP. In addition, Proposer and Proposer’s Representatives may not communicate outside the procedures set forth in this RFP with an officer, employee, or agent of the City regarding this RFP until after Contract Services Agreement award. However, Proposers and Proposers’ representatives are not prohibited from making oral statements or presentations in public to one or more representatives of the City during a public meeting.
G. Reservations
The City reserves the right to accept or reject any or all responses received in response to this RFP. The City also reserves the right to waive any informality, technical defect or clerical error or irregularity in any response.award of a Contract ServicesThe City’s potential Agreement will not be based on any single factor, nor will it be based solely or exclusively on the lowest cost proposal. If a Contract Services Agreement is awarded, the award will be to the Contractor 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 best City.for theproposalwhichisinimportantandrelevantdetermining Additionally, the City may, for any reason, decide not to award any Agreements based on this RFP. The City reserves the right to cancel or modify this RFP. The City shall not be obligated to respond to any responses submitted, nor be legally bound in any manner by the submission andof the response.The City reserves the right to negotiate deliverables associated costs. There is no guarantee that the City will award a Contract Services Agreement. Page 386 of 462
By submitting a proposal in response to this RFP, the Proposer accepts the evaluation process and acknowledges and accepts that determination will require subjective judgments by the City.
H. Reimbursements
Proposer shall be solely and exclusively responsible for all costs incurred in connection with the preparation and submission of the proposals; demonstrations; interviews; preparation of responses to questions and requests for additional information; for agreement discussions; or for anything in any way related to this RFP. The City is not liable for any costs incurred by a Proposer in response to this RFP. Whether or not a Proposer is awarded a Contract Services Agreement pursuant to this RFP, no Proposer shall be entitled to reimbursement for any costs or expenses associated with the Proposer’s participation in this RF P process.
Failure to comply with all requirements contained in this RFP may result in the rejection of a proposal.
I. Certification
Any proposal that does not contain all the information requested in this RFP will be considered incomplete and may be rejected by the City.
J. Funding
The City operates and is funded on a fiscal yearly basis. Accordingly, the City reserves the right to terminate, without any liability, any Contract Services Agreement for which funding is not available.
K. Negotiations
Negotiations may be conducted with responsible Proposers who submit a proposal that is reasonably susceptible to being selected. All Proposers reasonably considered for selection based on criteria set forth in this RFP may be given an opportunity to make a presentation and/or interview. Although this process will ultimately result in the award of a single Contract Services Agreement, the City reserves the right to negotiate a Contract Services Agreement with more than one Contractor.
L. Additional Information
During the proposal evaluation process, the City may request additional information or clarifications from Proposers regarding their proposals. The City also reserves the right to investigate the qualifications of the Proposers, as it deems appropriate.
M. Award of Contract Services Agreement
Upon conclusion of the RFP process, the Staff will recommend a Proposer to the City Council.
The Contractor will be required to enter into a Contract Services Agreement with the City. A copy of the City’s Contract Services Agreement is attached and incorporated as Attachment “B” as a sample for Proposers to review the terms and conditions prior to submitting a Page 387 of 462
proposal. The proposal process, agreement negotiations and execution, and subsequent actions will be conducted by the City in accordance with applicable law. Proposers should carefully review this document,which constitutes the formal RFP, to ensure a clear understanding of the City’s needs and objectives and scope of work. The sample Contract Services Agreement (Attachment “B”) is not to be completed by Proposers.
3. Records and Audits
property andpersonnel,maintain accounts and records, includingThe Contractor shall financial records, adequate to identify and account for all costs pertaining to the Contract Services Agreement and such other records as may be deemed necessary by the C ity to assure proper accounting for all project funds, both federal and non -federal shares. These records will be made available for audit purposes to the City or any authorized representative and will be retained five (5) years after the expiration of the Contract Services Agreement , unless permission to destroy them is granted by the City.
4. Labor Compliance
The selected Contractor will comply with any applicable State or federal labor compliance requirements, including the paying of prevailing wages to certain classifications performing work under the Contract Services Agreement awarded as a result of this RF P, if the State Department of Industrial Relations (DIR) or a federal agency require the paying of such prevailing wages to certain classifications during the term of the Contract Services Agreement.
Contractor will be responsible for development, installation,removal and storage of a new and visually striking holiday lighting and decoration display throughout various areas of the City including, but not limited to:
• City Hall;
• Bell Gardens Veterans Park – Ross Hall;
• John Anson Ford Park – Recreation Administration Building; • John Anson Ford Park Dreamers Aquatics Center ;
• Bell Gardens Public Works Office and Warehouse; and
• The Neighborhood Youth Center.
Proposers should be advised that the City could potentially request services for additional sites,and therefore, an itemized cost proposal is required.Additionally,all decorative elements and labor costs shall be listed as itemized costs in the proposal. All lighting decorations must be equipped with timers that automatically turn on and off each night.
Contractor will be required to perform and complete the proposed scope of services in a thorough and professional manner by providing all labor, materials, and supplies necessary to complete all work in a timely manner, in a way that will meet all the City’s requirements.
For all locations and decorated areas, lights and materials should be installed correctly and securely reinforced. Decorations are meant to look aesthetically pleasing both in the day time V. SCOPE OF WORK
and nighttime.
The Contract Services Agreement for installation, removal and storage will have a term of 3 years with optional 2 1-year extensions. The City will determine what other necessary agreements are required based on whether it chooses to purchase or rent/lease the decorations.
1. Holiday Decorations Components:
A. 2 - LED lit Holiday Skyline:
i. Please provide options for a customized and generic holiday LED lit banner.
ii. There are two skyline banners, one located at Garfield Ave., south of Florence Av e., and Florence Ave., west of Eastern Ave.
B. City Facilities: Each of the City Facilities listed below shall have a uniformed aesthetic throughout each facility. Should the City choose to add facilities at a later date, they would follow the same decorative guidance as the ones listed below.
i. *Bell Gardens City Hall 7100 Garfield Ave.
• Roofline lighting
• Approximately 6 pine trees
• *10’ 3D LED lit decorative piece
• 60” LED lit and decorated Holiday Wreath/Bow or similar
ii. Bell Gardens Veterans Park – Ross Hall 6662 Loveland St. • Roofline lighting
• Approximately 4 palm trees
• 60” LED lit and decorated Holiday Wreath/Bow or similar
iii. Bell Gardens Public Works Building 8327 Garfield Ave. • Roofline lighting
• 2 small trees and 2 pine trees
• 60” LED lit and decorated Holiday Wreath/Bow or similar
iv. John Anson Ford Park Administration Building 8000 Park Lane • Roofline lighting
• Approximately 4 palm trees
• 60” LED lit and decorated Holiday Wreath/Bow or similar
v. **Dreamers Aquatics Center 7950 Scout Ave.
• Roofline lighting
• Approximately 8 palm trees
• 60” LED lit and decorated Holiday Wreath/Bow or similar • **Entrance monument LED lit and decorated garland
vi. Neighborhood Youth Center 5856 Ludell St.
• Roofline lighting
• Approximately 3 trees Page 389 of 462
• 60” LED lit and decorated Holiday Wreath/Bow or similar
C. City Facility Decoration Components: Each facility shall include at least the following components that are at a grade durable enough to withstand outdoor elements and inclement weather:
i. Roofline Lighting using C9 warm , white LED string lights spaced evenly apart (approximately 12”) along all street facing sides of the building. ii. One large 60” LED lit decorative element (for example a lit wreath, bow or something similar) to hang over the entry way or the focal point of the facility.
iii. Wrap the trees located directly in front of the facilities with warm, white mini LED lights (at least a 100 count strand).
• Wrap should be around the trunk of the tree
iv. *In addition to the components listed above, Bell Gardens City Hall shall include a large 3D LED lit decorative feature installed on the front lawn of City Hall.
D. Decoration of 2 Holiday Trees (City Tree Lighting Ceremony ):
i. Install, decorate, remove and store City owned 12’ Tree at City Hall. ii. Install, decorate, remove and store City owned 20” Tree at Veterans Park Memorial.
E. Decorate Center Median Poles:
i. Wrap 50 center median poles (without electricity) with decorated, heavy duty garland and at least a decorative focal piece (such as bow or wreath) that is no smaller than 18”.
F. Decorate 11 Entry Monument Signs (at 6 locations throughout the City)
i. At a minimum each monument should have the following:
• LED lit garland.
• LED string lights around the trees surrounding the monument . • One large focal, LED lit decorative piece at each monument.
2. Removal and (potential) storage of all Holiday decorations:
A. Contractor will be responsible for removing and storing all holiday decorations prior to the removal deadline.
3. Installation and Removal timeline:
A. Installation Period November 16 – November 30, 2026.
B. Removal Period: January 7 - January 10, 2027.
4. Purchase or Rent/Lease Options:
A. Proposer must provide cost options for purchase of materials and for rent or lease of materials. Both options should include the labor costs for installation, maintenance, removal and storage of items.
5. Proposal Price Sheet Line-Item:
A.The selected Contractor will work directly with City staff to coordinate the logistics required for each component on the scope of work. The Proposal Price Sheet shall include, but not be limited to, the following items:
i.Costs for both renting/leasing the materials with labor costs and purchasing materials with labor costs.
ii. Cost for decoration installation, removal and materials storage. iii. An itemized list of materials and labor costs.
The following instructions describe the form in which proposals must be submitted.
Responses to the following items will be used for proposal evaluation. Proposals that do not contain responses to each of the required items will be considered incomplete and may be rejected.
Proposal documents should provide a straightforward, concise description of the Proposer’s capabilities to satisfy the requirements of this RFP. Emphasis should be on completeness, clarity of content, and conveyance of the information requested by the City. The requirements stated do not preclude a Proposer from furnishing additional reports, functions, and costs as deemed appropriate.
The proposal must contain the following elements:
1. Transmittal Letter:
a. A letter of transmittal signed by an individual authorized to bind the Proposer stating the Proposer has read and will comply with all terms and conditions of the RFP. The transmittal letter will contain, at a minimum: a) company name and address; and b) an executive summary briefly describing the Proposer’s ability to perform the andbackground experiencetheProposer’swork requested, providing services, and a description of the firm’s understanding of the City’s needs.
b. discloseshall any financial,Statement:Conflict of Interest The Proposer business, or other relationship with the City that may have an impact upon the outcome of the Contract Services Agreement. Particular attention should be paid to compliance with Government Code section 1090.
2. Methodology :
a. Include description of: a) the approach and methodology to be taken in addressing each component in the scope of work; b) the specific tasks, milestones and deliverables required to properly perform the requested services; and c) a workplan showing proposed hours for each retainer service, availability of team members, quality assurance, and supervision.
b. The City will expect the selected Contractor to adhere to the established VI. PROPOSAL FORMAT AND CONTENT REQUIREMENT
methodology and workplan.
3. Management and Staffing:
Describe the management and staffing configuration to be utilized to complete each component of the scope of work. Describe the qualifications of staff to be assigned to the City, their title, and types and amount of equivalent experience. Resumes of all proposed personnel primaryhavewillwhomustindicateTheincluded.bemust proposal responsibility for the requested services. The proposal must also identify any proposed subcontractors or subcontractors that are integral to the proposed team.
4. Minimum Qualifications, Prior Related Experience, and References:
a. Proposers must demonstrate competence and capability to satisfactorily perform the scope of work. Proposers must have at least five (5) years of experience providing the required services do not that. Proposals meet the minimum qualifications will be determined nonresponsive and ineligible for award. The Proposer must provide evidence to show that the firm and members of the Proposer’s project team possess the specific minimum experience, qualifications, competence, resources, and business integrity as specified in the scope of work that are necessary to carry out the work under the Contract Services Agreement as expected. Examples of evidence include, but are not limited to resumes, letters of reference, and project/service summaries that highlight the team’s specific experience.
b. A list of at least three (3) professional references, all of which shall be from a municipal or public agency. This client reference list must be included as an appendix to the proposal and must include the following information for each reference listed: a) complete description of the work/services provided, b) the time period for the work/services provided, c) the name and contact information of the client, including telephone number and/or address, and d) the key managers and professionals assigned to the work/services. The information concerning the work/services provided for each respective client must be no more than five (5) years old.
5. Additions or Exceptions:
A single and separate section with the heading “ADDITIONS OR EXCEPTIONS TO THE CITY’S REQUEST FOR PROPOSAL” containing a complete and detailed description of all the Contractor’s exceptions to the provisions and conditions of the attached City standard Contract Services Agreement attached as Attachment “B.”
6. Pending Litigation:
Include an explanation and status, if in the last five years, the firm or an office or principal of the firm has been involved in any substantiated complaints, litigation, legal proceedings, or investigations by a regulatory authority.
7. Insurance: Page 392 of 462
Evidence of commercial liability,professional liability,and workers compensation insurance coverages must be included. Insurance requirements are listed on the sample Contract Services Agreement attached as Attachment “B.”
The award of a Contract Services Agreement will be made to the most qualified Proposer whose proposal complies with the prescribed requirements. The City reserves the right to reject any or all proposals and to waive any technical errors, irregularities, or discrepancies, if to do so is deemed to serve the best interests of the City. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the Contractor to whom it is proposed to make such an award.
If a Contract Services Agreement cannot be reached with the highest ranked Proposer, City reserves the right to terminate negotiations with that Proposer and enter negotiations with the next highest ranked Proposer.
Proposals will be reviewed and evaluated by City staff and will be ranked based on the following criteria:
1. Comprehension of the Request for Proposals (Max Score: 15 Points)
This relates to the Proposer’s basic understanding of the City’s requested services and Proposer’s ability to articulate a concise description of the role of the requested services.
2. Qualifications of Proposer (Max Score: 45 Points)
• Experience of the Proposer
• Staffing and resources
• Required licensure and certifications from relevant authorities • Qualifications and experience of proposed personnel
3. Proposal Cost (Max Score: 30 Points)
This relates to the Proposer’s cost to provide the requested scope of services.
4. References (Max Score: 10 Points)
This relates to the reputation and quality of past work performed by the Proposer based on municipal and other professional references.
If further clarifications or negotiations are required, on-site or virtual interviews may be conducted. Participation in these interviews will be at the expense of the Proposer. The interview panel will be made up of staff members or representatives from the City.
Recommendations will be provided to the City Council for final selection and award. Proposals failing to provide sufficient information and assurances of performance to adequately assess each category of the required services and/or failing to comply with the requirements and VII. EVALUATION CRITERIA
conditions of this RFP may not be given further consideration.
Factors such as, but not limited to, any of the following may be considered just cause to disqualify a response to the RFP without further consideration:
• Evidence of collusion, directly or indirectly, among Proposers with regard to the amount, terms, or conditions of this proposal;
• Any attempt to improperly influence any member of the selection staff or City Council members;
• Existence of any lawsuit, unresolved contractual claim, or dispute between Contractor and the City;
• Evidence of incorrect information submitted as part of the RFP;
• Evidence of Proposer’s inability to successfully complete the responsibilities and obligations of the proposed scope of work; and
• Proposer’s default under any agreement, which results in termination of the Contract Services Agreement.
Each proposal will be considered along with those of other responding Proposers, with respect to ability to perform effectively and efficiently those Scope of Work items outlined in Section V, above.
The selected Contractor shall not discriminate, in any way, against any person based on race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, or any other protected classification in connection with or related to the performance of the Contract Services Agreement.
Close coordination with the City is required to ensure that all requirements will be met. The City reserves the right to withdraw this RFP at any time without any prior notice. Further, the City makes no representations that any Contract Services Agreement will be awarded to any Proposer responding to this RFP. The City expressly reserves the right to postpone reviewing the proposals for its own convenience and to reject any or all proposals responding to this RFP without indicating any reasons for such rejection(s).